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04-03-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7$00 Golden Valley Road Council Ghamber April 3, 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 2. ADDITIONS ANQ 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 af 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 - March 15, 2012 3-5 B. Approval of Check Register 1. City 6 2. Housing and Redevelopment Authority 7 C. Licenses: 1. General Business Licenses 8-9 D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - Februa,ry 28, 2012 10-13 2. Environmental Commission - February 27, 2012 14-15 3. Envision Connection Project Board of Directors - February 16, 2012 16-19 4. Bassett Creek Watershed Management Commission - February 16, 2012 20-28 5. Joint Environmental and Open Space and Recreation Commission - 29 February 27, 2012 E. Bids and Quotes: 1. Brush Pick-up Program - Bids 30 2. 2012 Pavement Management Program: 31-44 a. Award Contract b. Authorization to Sign Agreement with SEH, Inc. for Construction Observation and Engineering Services c. Authorization to Sign Agreement with Xcel Energy for Replacement of Decorative Streetlights F. Notification to Council Regarding Construction of Public Improvements and 45-47 Exception to Noise Ordinance for MCES Project 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Preliminary Plat Approval - Meadow Woods - 15 Meadow Lane 48-81 North - Golden Valley Land Company, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Authorizing Issuance and Sale of: 1. $1,605,000 General Obligation Improvement Bonds, Series 2Q12A 82-86 2. $725,000 General Obligation Equipment Certificates, Series 2012B 3. $6,110,000 Refinancing General Obligation Bonds, Series 2012C B. Authorization to Sign Amended PUD Permit - Golden Valley Commons PUD #7Q - 87-96 Amendment #2 - 7802 Olson Memorial Highway - Starbucks Coffee Company, Applicant C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT GUIDELINES FOR PUBLIC INPUT Copies of the agenda packet are available for public review before the Council Meeting: 1) on the City website at www.qoldenvalley_m_n_.gov; 2) at City Hall, City Manager's Office, from 8:30 am to 4:30 pm beginning the Friday befare the meeting. To receive an email notificatian when the current agenda packet is available online, go to the City web site and sign up at GV DirectConnect. If you wish to be placed on the mailing list to receive a paper copy af the agenda cover sheet, or if you have any questions regarding the agenda, please call Judy Nally at 763-593-3991. All City Council meetings are broadcast live on City Cable Channel 16 and replayed nightly a#6:30 pm. Meetings are also webcast live on the Cit web site, with re la s available on demand. Comprehensive Plan Amendments, Conditional Use Permits, Rezaninqs�Planned Unit Developments (PUD1. Subdivisions (plattinq), and Citv Code Zoninq Text Amendments A. Pre-hearing Presentations: 1. Council will bring on the table for consideration. 2. Applicant will make presentation. 3. Planning Commission Member or Staff will present the Commission's recommendation. B. Public Hearing: 1. The Mayor may ask people to identify how many wish to speak at the hearing. 2. If there are many people who wish to speak, the Mayor may set a time limit for statements. Groups are encouraged ta use spokespersons,who will be given longer for presentations. 3. Give full name and address clearlv for the record when speaking. 4. Address all questions to the Mayor. The Mayor will then determine who will answer them. Questions will be answered when all persons have had a chance to speak. 5. No one will be given an opportunity to speak a second time until everyone has had an opportunity to speak initially. Please limit second presentation to new information and not rebuttals. 6. There will be no straw votes of people present. These are not helpful to the Council because#hey do not reflect total community sentiment. 7. At the close of the public hearing, the Council will debate the issue. Improvement Hearinqs A. Pre-hearing Presentations: 1. Staff will describe proposed improvements. 2. Citizens petitioning for improvement will be asked to describe their request. B. Public Hearing: 1. The same procedure will be followed as outlined above (B), except that voting for improvements requires differing majorities for approval depending upon the circumstances of the project. The voting requirements will be explained at the meeting. Testimony at a public hearing is one additional form of information that the Ciry Council considers when making a decision. Your opinions, comments, and questions are welcomed and encouraged. Those persons unable to attend a meeting may send written correspondence to the City Council at City Hall. The City Council needs your participation to make the best decision for our cammunity. This dacument is availab(e in �It�rnateformats upon a 72-hour request.Please call 7b3-593-8006 (TTY: 763-593-3968)to rnake a request. Examples of a�t�rnate formats may include larg� print, electronic, Braiffe,audioca�sette, etc. Council/Manager Meeting Minutes March 13, 2012 Present: Mayar Harris and Council Members, Clausen, Pentel and Scanlon, City Manager Tom Burt, Finance Director Sue Virnig, Director of Public Works Jeannine Clancy, Director of Parks and Recreation Rick Jacobson, Park Maintenance Supervisor AI Lundstrom. Also present were, Hennepin County Director of Transportation and County Engineer Jim Grube, Cansultant Jupe Hale, WSB & Associates and Administrative Assistant Lisa Wittman. Council Member Freiberg was absent. The meeting began at 7 pm in the Council Conference Room. Douglas Drive Project Jeannine Clancy gave a brief history of the project and introduced Hennepin County Director of Transportation and County Engineer Jim Grube and Jupe Hale from WSB & Associates. Clancy explained that the resolution for municipal consent adopted by the Council in November 2011 asked staff to review the lane widths and boulevard widths to determine if reductions in these areas could be made to reduce right of way impact while keeping in made the vision set for the corridor through an extensive community process. Hale referred to a map of the project area and explained that the corridor is divided into three distinct portions representing different traffic volumes and different land uses. He discussed vehicle lane widths, bicycle lane widths, trail and sidewalk widths and boulevard widths, as well as intersection control that have been incorporated into the design. Mayor Harris asked about installing a temporary crosswalk at the Olympia intersection. Jim Grube explained that great care must be taken when instalfing crosswalks because crosswalks can provide a false sense of security. He said he would be very reluctant to install a crosswalk in this location. Mayor Harris said he would like staff to reach aut to the management of the apartments on Douglas Drive in order to address their concerns related to pedestrian movement. The Council consensus was that contacting the management of the apartments would be acceptable. Human Rights Commission Due to the fact that Council Member Freiberg was not in attendance, the Council decided to postpone this issue to a future Council/Manager meeting. Commission/Board Appointment Process Tom Burt explained that the proposed Policy Guidelines for Commission/Board Appointments and Procedures are being proposed to assist in streamlining the appointment of Commissioners and Board members. The Council discussed the proposed guidelines, past recruitment processes, whether to interview incumbents, if there should be term limits, if they should conduct exit interviews how they could put feedback from past Commissioners/Board members inta practice and attendance issues. After discussion, Tom Burt said he would send the Council Members copies of the old and new policies for their review prior to continuing discussion and adoption of the Guidelines. Council/Manager Meeting Minutes March 13, 2012 — Page 2 Bottineau Transitway Informational Meeting Tom Burt stated that he has not heard consensus on whether or not the Council wants to hold an informational meeting to hear resident comments concerning the Bottineau Transitway project. The Council discussed having a meeting for residents to express their views. After discussion, Tom Burt said he would ask Hennepin County for a letter indicating if the project would go forward if there is one dissenting community. The Council also asked that an article be put in the City newsletter to let people know the status and timeline for county consideration af the transitway. Turf Management Proposal Jeannine Clancy explained that staff has evaluated turf management areas in several parks and open spaces and is recommending that the mowing schedule be reduced in various passive recreational areas located within the City's park system. She added that the Environmental Commission and Open Space and Recreation Commission have also reviewed this proposal. AI Lundstrom reviewed maps of several parks and nature areas and discussed the areas where reduced turf management is recommended. Council Member Pentel expressed concern about the fairness of allowing the City to have areas of un-mowed grass when it is difficult for residents to plant native grasses on their property. She said she feels this proposal could be problematic and suggested that there be significant outreach to the residents. Lundstrom agreed that a communication plan and public process should be developed. He also noted that the proposal could start on a smaller scale. After discussion, the consensus was to have staff talk to people who would be affected by this proposed change and tc� consider starting the turf management proposal on a small scale, then report back to the Council. Goal Setting Follow-up (continued) Tom B,urt explained that the information from workshops held on January 21 and February 15 has been organized into three groups: Community Connections, Cooperative Agreements for Service, and Infrastructure Improvements. The Council reviewed and discussed several of their goals that were discussed at their previous workshops. After discussion the consensus was that the Council would like to work on an economic development plan or task force. They would also like to see reports from staff updating them on neighborhood watch groups and the housing maintenance program. Council/Manager Meeting Minutes March 13, 2012 — Page 3 Council Training Council Member Scanlon suggested that the Council have a training session on Planning items including: the Comprehensive Plan, zoning, the role of the Planning Commission and Council and the Council's authority in land use matters. There was also discussion regarding training that would help explain the Plan B form of Government and the relationship it sets forth befinreen the Council and City Manager. Mayor Harris suggested the Council have a discussion on how the City could take a more active role at the Legislature. The meeting adjourned at 11:22 pm. Lisa Wittman Administrative Assistant C1�� C)� �°'; ,� Finance Department 763-593-8013/763-593-8109{fax) � � ��r��� �n� ' ���.,. � � � � Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. ���� �� „ Finance Department 763-593-8013/763-593-81 Q9(fax) Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Appraval of the 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. �'��� �� Inspections Department 763-593-809Q/763-593-3997(fax) Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin and 1i11 Lund, Administrative Assistants Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approvaL #5112 Michael P. Hall, Inc. 4 Refuse Vehicles $200.00 3119 150th Lane NW #5113 Sanimax USA, Inc. 9 Refuse Vehicles $450.00 505 Hardman Avenue #5105 Allied Waste Services 8 Recycling Vehicles $400.00 9813 Flying Cloud Drive #5109 Allied Waste Services 12 Refuse Vehicles $600.00 9813 Flying Cloud Drive #5111 Waste Management 8 Refuse Vehicles $400.00 10050 Naples Street NE #5106 Waste Management 3 Recycling Vehicles $150.00 10050 Naples Street NE #5072 Morrie's Cadillac SAAB Gas Station/ 1 Dispenser $ 75.00 7400 Wayzata Boulevard #5075 Regency Hospital Gas Station/ 1 Dispenser $ 75.00 1300 Hidden Lakes Parkway #5073 Theodore Wirth Par 3 Gas Station/ 1 Dispenser $150.00 1313 Theodore Wirth Parkway Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals February 28, 2012 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, February 28, 2012 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Nelson called the meeting to order at 7 pm. Those present were Members Boudreau-Landis, Maxwell and Nelson, and Planning Commission Representatives Cera and McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes — December 27, 2011 Regular Meeting MOVED by McCarty, seconded by Boudreau-Landis and motion �arried unanimously to approve the December 27, 2011 minutes as submitted. II. The Petitions are: 8360 Patsy Lane Barrv Armstranq, Applicant (12-02-01) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(a) Side Yard Setback Requirements • 3 ft. off the required 15 ft. to a distance of 12 ft. at its closest point to the side yard (west) property line. Purpose: To allow for the construction of an addition to the existing garage. Hogeboom referred to a map of the property and stated that the applicant is applying far a variance in order to construction an 8-foot extension onto his existing garage. He noted that the current width of the garage is 19.5 feet wide and the proposed 8-foat wide addition would extend 3 feet into the west side yard setback area. He added that although the variance application no longer requires signatures from the nei�hboring properties, they do receive a hearing notice fram the City. Nelson noted that the house to the east seems to be closer to the side yard property line than the subject property and asked if the setback requirements have changed this house was constructed. Hogeboom stated that setback requirements have changed since these homes were built. Brad Johnson, representing the applicant, showed the Board a photo of the interior of the garage and noted that the fireplace extends into the garage which makes the space even tighter. Nelson asked about the standard width of a typical two-stall garage. McCarty said a typical two-stall garage has a width of approximately 24 feet. Minutes af the Golden Valley Board of Zoning Appeals February 28, 2012 Page 2 McCarty referred the application which states that the existing garage is 19.5 feet wide x 21 feet deep. However, the survey shows that the existing garage is 19.5 feet wide by 28 feet deep. He asked which document is correct. Johnson explained that the garage is deeper on one side versus the other because there is a family room behind the garage. Hogeboom added that the survey is referring to the outside dimensions of the garage, not the inside. Cera noted that a 5-foot wide addition could be added to the existing garage without a variance. He said he doesn't see a "practical difficulty" with this property. Johnson stated that he tMinks the applicant picked the width of the proposed addition based on the need for storage, the ability to fit their cars in the garage and the fact that part of the fireplace is in the garage. Maxwell explained to Johnsan that the Board has to consider what is unique about the property when making decisions about variance requests. Nelson added that the Board also has to consider if the use is reasonable, if the difficulty is not caused by the landowner and if the proposal would alter the essential character of the locality. Nelson opened the public hearing. Hearing and seeing no one wishing to comment, Nelson closed the public hearing. Cera reiterated that the applicant could build a 5-foot wide addition without needing a varianee. McCarty added that the applicant could also build the addition wider in the back than the frant because of the way the property line angles. Nelson stated that because the applicant would be able to construct a 24-foot wide garage without a variance, she would not be in favor of approving the variance as requested. MOVED by McCarty, seconded by Cera and motion carried unanimously to deny the request for 3 ft. off the required 15 ft. to a distance of 12 ft. at its closest point to the side yard (west) property line. 2565 Brunswick Avenue North Custom Remodelers Inc., Applicant (12-02-02) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) Front Yard Setback Requirements • 5 ft. off the required 30 ft. to a distance of 25 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the replacement of the existing deck. Minutes of the Golden Valley Board of Zoning Appeals February 28, 2012 Page 3 Hogeboam explained that the property owners are seeking a variance from the front yard setback requirements in order to replace a deck. He referred to a map of the property and noted that it is a corner lot. He explained that it was discovered during the building permit process that the original deck did not have a building permit, therefore the replacement deck couldn't not be built in the same location without a variance. Nelson noted that if this were not a corner lot the setback requirement for the proposed deck would be 15 feet rather than 30 feet because it would be considered a side yard. Hogeboom added that the property is also at the end of a block, enclosed by a fence and adjacent to commercial and multiple family properties. Boudreau-Landis asked if the new deck has already been constructed. Hogeboom said no. Boudreau-Landis referred to the aerial photo and noted that it shows a dimension of 24 feet from the property line to the fence whereas the survey shows a dimension of 35 feet. Hogeboom explained that the aerial photo dimension is from the curb to the property line and the survey's dimensions are from the property line to the house. Maxwell asked if the Gity knows when the original deck was built. Hogeboom said he doesn't knaw when the deck was built because there is no record of it in the property files. Nelson noted that the application states the deck has been there for 20 years. Todd Beggs, Custom Remodelers, Inc, stated that they had started doing some other work on the house and had ta remove some decking which turned out to be rotten that in turn led them to learn that the deck was built in the wrong location. He stated that the proposal is to build the deck in the exact same location where nobody will be able to see it or even know it's there. He said he feels the property is unique because it is a corner lot. Nelson noted that the application states that the proposed location is the only place to put a deck. Beggs stated that patio door already exists in the proposed locatian of the deck. Gera asked if corner lots have always been considered to have two front yard setbacks. Hogeboom said the zoning code has considered corner lots to have two front yard setbacks since at least 1984. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Nelson stated she feels that the proposal is in harmony with the intent of the ordinance, it is consistent with the Comprehensive Plan, it will not change the character of the neighborhood and the property is unique because it is a corner lot where the yard has one side that acts like a side yard. Boudreau-Landis added that another unique issue is that an original building permit wasn't obtained. If it had been, the current homeowner would have been able to replace the deck in the same location without a variance. Minutes of the Golden Valley Board of Zoning Appeals February 28, 2012 Page 4 MOVED by Cera, seconded by Maxwell and motion carried unanimously to approve the request far 5 ft. off the required 30 ft. to a distance of 25 ft. at its closest point to the front yard (north) property line too allow for the replacement of the existing deck in the same location. III. Other Business Nelson referred to the variance application and suggested that instead of having the applicant just sign it stating that they've considered other options that wouldn't require a variance that they actually answer what other options they've considered and why they wouldn't work. The Board members agreed that requiring applicant's to address other options they've considered is a good idea. IV. Adjournment The meeting was adjourned at 7:45 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison - GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes February 27, 2012 Present: Commissioners Tracy Anderson, Rich Baker, Dawn Hill, Damon Struyk, Debra Yahle; Jeannine Clancy, Public Works Director; Eric Eckman, AI Lundstrom, Park Maintenance Supervisor and Lisa Nesbitt, Administrative Assistant Absent: Commissioners Lynn Gitelis and Jim Stremel Introduction of New Member Baker introduced Damon Struyk. He and his family have lived in Golden Valley for eight years. He has been a member of the Citizen Advisory Group for Theodore Wirth Park for the past two years. 2. A roval of Reqular Meetinq Minutes —Januarv 23, 2012 MOVED by Anderson, seconded by Baker, and the motion carried unanimously to approve the minutes of the January 23, 2012 meeting. 3. Nature Area Manaaement in Theordore Wirth Park Baker presented a draft letter to the Minneapolis Park and Recreation Board and asked staff and the commission to comment on the letter. Staff will prepare an executive summary to transmit the letter to the City Council and request that the Council authorize the Mayor to send the letter. It was suggested that the letter be copied to elected park board officials as well. Baker will talk to the Mayor prior to going to Council to give him the background. 4. Bottineau Transitwav Comment Letter Comment letters were sent from the City as well as Bassett Creek Watershed Management Commission (on-file). 5. Wettand Conservation Act 209 7 —Annual Report Eckman reviewed the 2011 Wetland Conservation Act— 2011 Annual Report. The Commission requested that wetland activities be added to the monthly Program/Project Updates provided by staff. 6. 2Q12 Planninq The Commissioners brainstormed ideas for priorities in 2012. The ideas include: non- motorized transportation, bike lanes, solar panels on public buildings, community-wide compositing, amend composting ordinance, recycling at commercial buildings and complexes, natural area management plan, student/school projects (clean water r�lated), hosting a green fair, and transportation innovation. The ideas will be discussed in further detail at the next meeting. Minutes of the Environmental Commission February 27, 2012 Page 2 of 2 7. Proqram/Proiect Updates A summary of the program/project updates is on file. Additionally, there were three private developments discussed. A large lot on Triton Drive, with a single family home, has been purchased by a developer who wants to sub-divide the property into five lots. Breck School's PUQ amendment was approved to rebuild the upper school. Duke Development extended their PUD. The City asked them to make better progress in working with MCES on siting their lift station. 8. Commission Member Council Reports A motion to endorse the adoption of the proposed turF inanagement plan as presented by staff, was moved by Baker and seconded by Hill. The motion carried unanimously. 9. Other Business None 7. Adiourn The meeting adjourned at 9:15 pm. The next scheduled meeting will be March 26, 2012 at 7:00 pm. Minutes Envision Connection Project Executive Board February 16, 2012 7 pm, Brookview Community Center, Conference Room Members Present: Shep Harris, Chair, Lynn Gitefis (by phonej, Sharon Glover, Jim Heidelberg, Cindy Inselmann (7:37 p.m.), Helene Johnson (7:20 pm), Philip Lund, Dean Penk, Mike Schleif, Marshall Tanick (8 pm) Members Absent: Blair Tremere Staff Liaison: Sandy Werts. 1. Call to Order The meeting was called to order at 7:08 pm. 2. Approval of Agenda The agenda was approved as presented 3. Approval of the Minutes of January 19, 2012 Motion: It was moved by Heidelberg and seconded by Schleif to approve the minutes as written. 4. New Business • Election of Vice Chair - Blair Tremere had volunteered to chair the Envision Board in the interim. The board agreed to Tremere serving as vice chair until the resolution is revised. 5. Old Business • 2012 Goals i. Focus on Youth - discussion started with the Bridge Builder Meeting and their discussion on focusing on youth. ii. Young Adults. Katie and Summer from the Montessori school will look into ideas on how to get more young adults involved. There will be a meeting in March to plan the April Bridge Builder meeting and tour. iii. Expand draw ta Concerts in the Park—the current selection of music does not draw the youth. iv. Caring Youth — March 15 —this is a joint program with the cities of Minnetonka and St. Louis Park and the respective school districts and the Glen Lake Optimists. v. Celebrating and Connecting Cultures vi. Marketing the Programs - Schleif would like to help create more public awareness of the programs through a website. There should be an Envision website. vii. Kids Council or Youth Summit is one of Harris' goals. viii. Continuation of 125t"Anniversary Activities —These include the burying of the time capsule and the cantinuation of the Hall of Fame. ix. Envision Award — present quarterly x. Calendar of Opportunities — Harris would like tQ see activities around calendar opportunities such as Memorial Day and July 4. A July 4 activity could be a citizenship ceremony. Johnson said this could be part of the Connecting Cultures program. Lund brought up that Katie from the Montessori School would like to start a "young professionals" group and have their first meeting at Golden Valley Days. Lund also said that the city is missing an arts component. He would like to see more opportunities in that area. Harris would like the Envision Board to attend the March 13 Council/Manager Meeting. Priorities: o Public Awareness/Promotion o Connecting Cultures o Youth Engagement/summit o Young Adults/Young Professionals o Envision Award o Building the Community Foundatian o Calendar/Holiday events o The Arts 0 125th Program Lund said the meetings get bogged down in the agenda. He suggested that in the future priorities should be identified and talked about in depth. Harris suggested that a report could be submitted ahead of the meeting. Harris asked for someone to present the priorities af the March 13 Cauncil/Manager meeting. Johnson volunteered to make the presentation. • Resolution — Harris would like to change the by-laws of the Envision Board so that the chair of the Board is elected from the committee. He said that all by-laws are to be reviewed every three years. 6. Community Foundation Update Lund reported that there are three committees that are meeting outside of the scheduled meeting. The Foundation has $15,000 to $16,000 that includes the approximately $750Q from the 125th anniversary. It does not include the funds from Valley Day. Schleif is reworking the Community Foundation website —the prototype can be found at GVCFoundation.MDSFreedom.com. 7. Bridge Building Activities • Bridge Builders - discussed above • Envision Award —Possible nominees include the Garden Club, the 125tn Anniversary Committee, and Market in the Valley. Lund suggested that an award for Market in the Valley be given while the Market is going on. • Going Global/Cultural Exchange — Johnson reported that at the March 9 meeting they had representatives from Ethiopia, Mexico, and Iran. They plan to meefi again on March 21 at the Golden Valley Library from 6:30 ta 8 pm. • Ice Cream Social —Werts reported that the First John Philip Sousa Memorial Band will play. Penk witl contact Sebastian Joes for ice cream. Tanick will contact past sponsors. Approximately $600 in donations is needed. • Lilac Plantinq Lund brought up that last year the Lilac Planting Project was on the same day as Valley Volunteer Day and the Kelly Drive Pumpkin Festival. The 2011 planting day was very successful. Valley Volunteer Day has selected October 6 for 2012. The Lilac committee would like to plant on either September 22 ar 29. It is getting too late for planting at that time. Lund asked what would happen if the activities occur on separate days. Lund said that Jennifer Mathwig should be consulted. Penk will contact Mathwig. Lund will check on the dates of the Pumpkin Festival. • Valley Days —Valley Days will occur on May 19. Lund said the small pavilion is available. It could possibly be used for a cultural display. o A new coordinator is needed for the Art Fair. o Old Time Baseball Game— this is still a possibility o Organization Fair—there could possibly be 30 groups o Parade Route —The route has been set. o Mini Farmers Market— a mini market will be held to promote the opening of the market in June o Bridge Builders — Lund would like eight Bridge Builder Volunteers who are not a part of the Envision Connection Board of Directors to help at the event. • Farmers Market -A memo came from Linda Loomis, who is coordinating organization booths at the Farmers Market. Envision has selected the following dates to be at the Market— June 24, July 22, August 19, September 16, October 7. • Neighbors He/ping Neighbors Update • Commonplace Web Platform • Garden Club • Valley Volunteer Day 8. 125 Anniversary Tanick said there are #wo concluding events —the burying of the time capsule and the establishing of a permanent site for the Hall of Fame. Tanick said the burying of the time capsule may occur on either Friday or Sunday of Valley Days. 9. Communications 10.Recruitment of Members to Executive Board 11.Upcoming Meetings —The next meeting is Thursday, March 15 at Brookview Community Center 12.Adjournment The meeting adjourned at 9 pm. BCWMC February 16, 2012, Meeting Minutes Bassett Creek Watershed Man�igement Commission Minutes of the Meet�ng of Februar� 16, 2012 1. CALL T�4ItI�ER The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:32 a.m.,on Thursday,February 16,2012,at Golden Valley City Hall by Vice Chair Black.Ms.Herbert caUed roll. ROLL CALL Counsel Chartie LeFevere Crystal Not represented Engineer Karen Chandler Golden Valley Commissioner Stacy Hoschka Recorder Amy Herbert Medicine Lake Commissioner Ted Hoshal Minneapolis Commissioner Michael Welch Minnetonka Not represented New Hope Commissioner John Elder Plymouth Commissioner Ginny Black Robbinsdale Commissioner Wayne Sicora St.Louis Park Commissioner Jim de Lambert Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Richard Brix,Golden Valley Resident Jeannine Clancy,BCWMC Technical Advisory Committee,Golden Valley Lois Eberhart,BCWMC Technical Advisory Committee,City of Minneapolis Christopher Gise,Golden Valley Resident Dave Hanson,Alternate Commissioner,City of Golden Valley Gary Holter,AMLAC (Association of Medicine Lake Area Citizens) Linda Loomis,Golden Valley Resident Chris Long,BCWMC Technical Advisory Committee,City of New Hope Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Jane McDonald Black,Golden Valley Resident Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka Liz Thornton,BCWMC Education Committee;Plymouth Resident 1 BCWMC February 16, 2012, Meeting Minutes 2.ORGANTZATIpNAL MEETING. Vice Chair Black called for nominations for BGWMC Chair. Commissioner Elder moved to nominate Commissioner Black as Chair.Vice Chair Black called for nominations two more times and then closed the nomination process.The Commission unanimously voted to appoint Commissioner Black as BCWMC Chair. [Cities of Crystal and Minnetonka absent from vote]. Chair Black called for nominations for BCWMC Vice Chair. Commissioner Welch nominated Commissioner de Lambert as Vice Chair.Chair Black called for nominations two more times and then closed the nomination process. The Commission unanimously voted to appoint Commissioner de Lambert as Vice Chair[Cities of Crystal and Minnetonka absent from vote]. Chair Black called for nominations for BCWMC Treasurer. Commissioner Welch nominated Commissioner Hoschka as Treasurer. Chair Black called for nominations two more times and then closed the nomination process.The Commission unanimously voted to appoint Commissioner Hoschka as Treasurer [Cities of Crystal and Minnetonka absent from vote]. Chair Black called for nominations for BCWMC Secretary.Commissioner de Lambert nominated Commissioner Hoshal as Secretary.Chair Black called for nominations two more times and then closed the nomination process. The Commission unanimously voted to appoint Commissioner Hoshal as Secretary [Cities of Crystal and Minnetonka absent from vote]. Chair Black moved to the next order of business: Committee appointments.Commissioner Hoshal volunteered to chair the Education Committee.Commissioner Elder nominated Commissioner Hoshal as the Education Committee Chair.Commissioner Hoshal noted that Liz Thornton and Bonnie Harper-Lore are interested in continuing as committee members.The Commission unanimously voted on the membership of the Education Committee as described [Cities of Crystal and Minnetonka absent from vote]. Commissioner Hoshal noted that Margie Vigoren also may be interested in continuing to serve on the Education Committee. Chair Black stated that the BCWMC's Administrative Services Committee has previously comprised the four officers of the Commission. Commissioner Elder supported that structure. Chair Black nominated Commissioner Welch to the Committee in addition to the Commission's four officers. Chair Black asked Commissioner Sicora if he would like to serve on the Committee.Commissioner Welch asked Commissioner de Lambert if he would serve as the Committee chair. Commissioner Sicora agreed to serve on the Committee.Chair Black closed nominations.The Commission unanimously voted on the membership of the Administrative Services Committee as described [Cities of Crystal and Minnetonka absent from vote]. Commissioner Welch moved that the BCWMC officers serve as the BCWMC Executive Committee. Commissioner de Lambert seconded the motion.The motion carried unanimouslv with seven votes in favor [Cities of Crystal and Minnetonka absent from vote]. Chair Black said that the next order of business is appointing the Budget Committee.Commissioner Welch asked Linda Loomis if she would serve on the Budget Committee.Ms. Loomis agreed.Commissioner Elder moved for the Executive Committee plus Ms.Loomis to comprise the Budget Committee. Commissioner Hoshal seconded the motion.The motion carried unanimouslv,with seven votes in favor[Cities of Crystal and Minnetonka absent from vote]. 2 BCWMC February 16, 2fl12, Meeting Minutes 3.APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Welch noted the length of the agenda and asked if anything could be deferred until next month.Chair Black said that item 7C—Cooperative Agreement for the Feasibility Study for the Pond Dredging Project in the Northwood Lake Watershed—could be deferred since bid numbers weren't coming in until today.Commissioner Welch moved to approve the agenda as amended. Commissioner Elder seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Grystal and Minnetonka absent from vote]. Commissioner Welch moved to approve the consent agenda.Commissioner Elder seconded the motion. The motion carried unanimouslv with seven votes in favor[Cities of Crystal and Minnetonka absent from vote]. 4. CITIZEN INPUT ON NON-AGENDA ITEMS No citizen input on non-agenda items 5. ADMINISTRATION SA.Presentation of January 19,2012,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. 5B.Presentation of Financial Statements.The BCWMC's February 2012�nancial report was approved as part of the Consent Agenda. The general and construction account balances reported in the February 2012 Financial Report are as follows: Checking Account Balance $846,020.81 TOTAL GENERAL FUND BALANCE $846,020.81 TOTAL CONSTRUCTION CASH& $2,438,199.67 INVESTMENTS Revenue $0 Current Expenses , ($0) TOTAL ON-HAND CONSTRUCTION $2,438,199.67 CASH & INVESTMENTS CIP Projects Levied—Budget Remaining ($2,267,346.08) Closed Projects Remaining Balance $170,853.59 Anticipated Closed Project Balance $182,429,14 3 BCWMC February 16, 2012, Meeting Minutes SC. Presentation of Invoices for Payment Approval. i. Kennedy& Graven—Legal Services through December 31,2011—invoice for the amount of $633.46. ii. Barr Engineering Company—Engineering Services through January 27,2012—invoice for the amount of$33,401.28. iii. Amy Herbert—January Secretarial Services—invoice for the amount of$2,303.73. iv. D'amico-ACE Catering—February BCWMC meeting catering—invoice for the amount of $340.44. v. City of Golden Valley—Invoice for 2011 Financial Services—invoice for the amount of$3,000. Commissioner Hoshal moved to approve payment of all of the invoices. Commissioner Welch seconded the motion.By call of roll the motion carried unanimouslv with seven votes in favor [Cities of Grystal and Minnetonka absent from vote]. SD,Discuss Participation in the Metropolitan Council's 2012 CAMP Program. The Commission discussed its 2011 participation in the program and listed the seven lakes it sponsored volunteer monitoring of during last year's monitoring season. Commissioner Welch moved to have Commissioner Hoshal contact the volunteer monuitor on Hidden Lake about interest in volunteering again and to work with Derek Asche to determine if Parkers Lake would have a volunteer willing to monitor. Commissioner Welch continued the motion to approve BCWMC participation in the Metropolitan Council's 2012 CAMP program for volunteer monitoring of one site on Sweeney Lake—the south site,both sites on Medicine Lake,and also Northwood,Twin,and Westwood lakes,along with either Hidden Lake or Parkers Lake.Commissioner Elder seconded the motion.The motion carried unanimously with seven votes in favor[Cities of Crystal and Minnetonka absent from voteJ. SE. Review the BCWMC's Closed Account Policy. Commissioner Welch moved to approve maintaining the BCWMC's Closed Account Policy as is.Commissioner Elder seconded the motion.The motion carried unanimouslv with seven votes in favor [Cities of Crystal and Minnetonka absent from vote]. 5F.Discuss Preparation of the Annual Report of 2011 Activities. Commissioner Welch moved for Barr Engineering Company and Amy Herbert to work together to prepare the annual report and to review minutes from 2011 regarding any changes to the report Commission requested after reviewing last year's annual report. Commissioner Elder seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Crystal and Minnetonka absent from vote]. 5G. Review 2012 Budget.Ms.Chandler stated that the Commission Engineer is asking for Commission approval of the 2012 Engineering Budget as adopted last spring by the Commission and approval for the Engineer to perform the 2012 WOMP(watershed outlet manitoring program)tasks. Commissioner Welch moved to approve the Commission Engineer performing the work for the 2012 WOMP tasks and to affirm the BCWMC's 2012 budget. Commissioner de Lambert seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Crystal and Minnetonka absent from vote]. 5H.Administrative Services Committee Update on Administrator Discussion. Commissioner Welch summarized that the Commission had hired an administrator on a contract basis and that administrator ended the contract in September 2011.He discussed the recent Administrative Services Committee meeting and explained that the Committee reviewed the request for proposals(RFP)that it used to solicit proposals for the administrator position in 2010.The Committee revised the RFP by focusing and narrowing the 4 BCWMC February 16, 2012, Meeting Minutes scope of the administrator's job.Commissioner Welch read the list of administrator tasks from the revised RFP.He reported that the Cotnmittee feels strongly that the Commission needs an Administrator. Commissioner Welch informed the Commission that the Administrative Services Committee met with Doug Snyder,the Executive Director/Administrator of the Mississippi Watershed Management Organization. Commissioner Welch said that the meeting was extremely useful and that Mr.Snyder had many helpful suggestions for the BCWMC. Commissioner Welch said that the discussion explored a couple of main ideas on ways the MWMO's staff could meet the administrator needs of the Commission. He said that the Committee will be pursuing a few ideas but a recommendation to the Commission is still a few months away. Commissioner de Lambert noted that the discussion at the Committee meeting also brought up possible synergies between the MWMO and the BCWMC in the area of public education. Commissioner de Lambert said he thinks that being able to tap into that education resource would really bene�t the BGWMC. Chair Black said that today the Committee is looking for any input from the Commission. Commissioner Sicora said that having an Administrator is essential and he also noted that the information presented today by the Committee is very interesting and this is the�rst that he has heard about any of this.Commissioner Elder commented that he needs time to ruminate on the idea but he does like it. Chair Black asked if it would help the Commission if it could see a draft proposal from the MWMO. Commissioner Sicora said it would be helpful to see it and a work plan. Commission Elder said the information should also indude costs.Ms. Chandler commented that she assumes the Commission will have a say in who is selected from the MWM�to work with the Commission.Commissioner Welch said that component is very important to him.Commissioner Welch said that Mr.Snyder had already been planning to get something in writing to the Administrative Services Committee,which can be passed on to the Commission. Chair Black said it sounds like the Commission needs more details such as costs,job descriptions,and a work plan.She said that the revised RFP should go into the March meeting packet. [Commissioner Elder departs the meeting.J Chair Black asked if the Commission was interested in having Doug Snyder attend a Commission meeting. The Cqmmission indicated interest. Commissioner Welch volunteered to invite Mr,Snyder ta the March or April Commission meeting. 6.NEW BUSINESS A. Presentation by Dr. Keith Pilgrim,Barr Engineering,on the Feasibility Study on the Schaper Pond Improvement Project. Dr.Pilgrim summarized and presented with a PowerPoint presentation the two viable and least costly methods for reducing phosphorous loads into Sweeney Lake.He explained that the two methods are dredging Schaper Pond and diverting water from the Highway 55 inlet to the northwest lobe of the pond.He said that based on the�ndings of the feasibility report and the goals of the TMDL(total ma'mum daily load)he recommends that the Commission construct the diversion strncture and post-construction conduct one-year of monitoring to evaluate the phosphorous reductian. Ms. Chandler said that the action in front of the Commission today is to accept the feasibility report and then the ball would be in the City of Golden Valley's court on whether it wants to ask the Commission to consider adding this project to its CIP(Capital Improvement Program).Ms. Clancy spoke up to say that the City of Golden Valley does want the Commission to consider adding the , 5 BCWMC February 16, 2012, Meeting Minutes project to the Commission's CIP.Ms. Chandler said that the request would be part of the Commission's annual CIP review. Commissioner Welch said that he would like the Commission Engineer to look into getting Mn/DOT to fund some of this project.Ms.Eberhart asked if any part of the project would be located in Mn/DOT right-of-way.Mr.Oliver replied no. Commissioner Hoshal said that this project would be an opportunity to pursue Clean Water Legacy Grant funds.Ms.Chandler agreed. Chair Black said that she is hearing that the Commission accepts the feasibility report,wants to look into asking Mn/DOT to share in the cost of the project in light of the TMDL requirements,and to look into Clean Water Legacy Grant funding.The Comrnission agreed.Ms.Chandler said that the grant application process doesn't start until late summer. The Commission discussed the project option that included the diversion with a walkway,which would provide public access to the pond for viewing.Ms.Chandler remarked that the Minnesota Board of Water and Soil Resources(BWSR)may choose to fund the walkway due to its educational component. Commissioner Hoschka stated that the City of Golden Valley doesdt have funding for the walkway. B. Presentation by Keith Pilgrim,Barr Engineering,on Twin Lake Management Options. Postponed to later in the meeting. C. Golden Valley 2012 Pavement Management Plan.Ms.Chandler summarized the project as detailed in the February 7,2012,Engineer's Memo.She said that approa�vmately 2.1 miles of residential streets will be reconstructed and the project will include curb and gutter,sewer repair,and water main replacement.Ms.Chandler said that 12.69 acres in the watershed will be disturbed as part of the project and the amount of impervious surface area will decrease from 6.07 acres to 5.33 acres.She also said that the project proposes nine sump manholes.Ms.Chandler explained the Commission Engineer's recommendations regarding the project including increasing the depth of the sump manholes ta four feet,the manholes to be maintained and inspected at least twice a year,and that the City consider installing SAFL baftles at each sump,along with the recommendation about the extension of the outlet pipes from King Creek Road,and naming Golden Valley as the LGU and as such is the responsible party for reviewing the project for conformance to the Minnesota Wetland Conservation Act. Mr.Oliver said that the City will be using SAFL baffles and also he nated that the project will reduce total phosphorous loading from the site by 1.4 pounds per year. Commissioner Hoshal moved to approve the project with the Engineer recommendations as listed in the Engineer's memo. Commissioner Hoschka seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Crystal,Minnetonka,and New Hope absent from vote]. 7. OLD BU�INESS A. Discuss BCWMC Procedure of Review of Final Plans and Specs of CIP Projects.Deferred to March. B. Resolution 12-05 Approving the Cooperative Agreement for the Main Stem Restoration Project(Irving Avenue to Golden Valley Road).Ms.Eberhart said that she had added language to the Cooperative Agreement and the language said,��It is the right of the City to contain costs within the reimbursable amount,adjusting the scope of work if necessary,with notice to the Commission:'She explained why she added the language and said that if there are cost overruns then the City will have to scale back the project and she felt that this understanding should be captured in the agreement.Mr. 6 BCWMC February 16, 2012, Meeting Minutes LeFevere said that if there are unforeseen circumstances that arise there can be dialog between the City and the Commission at that time.Commission Welch asked Ms.Eberhart if the City would agree to take that language out of the Agreement.Ms.Eberhart agreed. Commissioner Welch moved to adopt Resolution 12-05 approving the Cooperative Agreement as revised by removing the language on page 3 that had been added in by the City of Minneapolis.Mr. LeFevere commented that the section of the Agreement about the signage should also be revised to add the requirement that project signage include the Clean Water Fund(CWF)logo and to indicate CWF grant funding as speci�ed in the CWF grant agreement. Commissioner Welch made the friendly amendment to his motion that the Cooperative Agreement be revised to add language about the project signage and the CWF grant requirements for the project signage.Commissioner Hoshal seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Crystal,Minnetonka,and New Hope absent from vote]. C. Update on and Cooperative Agreement for the Feasibility Study for the Pond Dredging Project in the Northwood Lake Watershed (on the BCWMC's CIP for 2013). Deferred to March. D. Bassett Creek Restoration Project: Wisconsin Avenue to Crystal border(20122 CR)—Item withdrawn from agenda prior to the BCWMC meeting. I. Resolution 12-06 Approving the Reimbursement to the BCWMC 2.5% of the 2011 Tax Levy Request to Hennepin County. Commissioner Welch moved to approve Resolution 12-06. Commissioner de Lambert seconded the motion.The motion carried unanimously with six votes in favor[Cities of Crystal,Minnetonka,and New Hope absent from vote]. 6B.Presentation by Keith Pilgrim,Barr Engineering,on Twin Lake Management Optians.Dr. Pilgrim provided background information on the 2010 water quality monitoring of Twin Lake and the results.He informed the Commission of the floating island management option.Dr.Pilgrim presented data on the performance of such tloating wetlands,but also pointed out the limitations of the current data such as the tests were conducted primarily in high-phosphorous,flow-through environments,no tests have been done in a lake of a comparable size to Twin Lake,and the tests have been poorly documented.Dr.Pilgrim also presented the opinion of using alum to provide in-lake treatment. Chair Black asked about the effects plants could have regarding puncturing the alum skin.Dr.Pilgrim answered that alum floc does not stay in shallow areas but instead to move into the deepest area of the lake.Ms.Clancy recommended discussing this option with the Minneapolis Park and Recreation Board. Commissioner Welch stated that he would like to be part of any communications with the Minneapolis Park and Recreation Board. [Commissioner Welch departs] E. Draft Work Plan for 2012 Grants. Ms. Chandler informed the Commission that the work plan is being worked on and will be submitted to BWSR by the deadline. F. AMLAC Request to Create a Document Regarding the Medicine Lake Dam and Lake Level. Deferred to March. G. Next Generation Watershed Management Plan.Ms. Chandler pointed out the compilation of identified issues,which was included in the meeting packet.She said she is looking for Commission direction to compile the responses from the fifth questionnaire,out of�ve,for TAC discussion at its 7 BCWMC February 16, 2012, Meeting Minutes scheduled April meeting or a March TAC meeting if the Commission schedules one and puts this issue on the March TAC agenda.The Commission directed the Commission Engineer to da that work. Commissioner Black said that the Commission needs to make some decisions about its process for the Plan revision such as whether the Commission will hold additional meetings.She suggested the Commission think over what it wants the process to look like and to review the compilation prepared by the Commission Engineer for discussion next month. H. Status of TAC Discussions in Relation to Project Review Triggers,Changes to Policies Allowing Nutrient Loading Increases,and Water Quality Banking/Trading Program.The Commission discnssed setting the agenda for the TAC.Chair Black said that she is hearing consensus that the Commission would like the TAC to conduct the CIP review in March and at the April TAC meeting the TAC should discuss the Next Generation Watershed Management Plan and project review triggers, changes to policies allowing nutrient loading increases,and a water quality banking/trading program. The Commission agreed. I. Resolntion 12-06 Approving the Reimbursement to the BCWMC 2.5% of the 2011 Tax Levy Request to Hennepin County.�See discussion of 6I that immediately follows 6D] J. Update on Watershed-wide Modeling Work.Ms. Chandler reported that the modeling efforts are in the data collection phase. 8.COMMUNICATIONS Chair: 1. Chair Black welcomed Stacy Hoschka,the newly appointed Commissioner from Golden Valley. Commissioners: 1. Commissioner Hoshal annonnced a workshop on P-8 modeling at the University of Minnesota on March 13`h and 14`h. Comnnittees: 1. Ms.Thornton announced that the BCWMC Education display would be part of the March 22"a Environmental Fair at Kimberly Lane Elementary and the April 13`h and 14"'Plymouth Yard and Garden Expo. 2. Ms. Clancy reported that the rain garden workshop being hosted by the City of Golden Valley has been set up and information about it will be forthcoming. Counsel Communications: No Counsel Communications. Engineer Communications: 1. Ms. Chandler reported on a University of Minnesota student's capstone project that reviewed the feasibility study for the 2012 Main Stem project.Ms.Clancy noted that the City often invites students to present their capstone projects to staff.Mr.Sicora recommended that the Commission invite the student to present the capstone project to the Commission as a brown bag presentation starting 30 minutes prior to one of the upcoming Commission meetings.Chair Black said that she will contact the student with the invitation if Ms.Chandler provides the contact information. 8 BCWMC February 16, 2012, Meetinq Minutes 9.ADJ�URNMENT The meeting adjourned at 2:28 p.m. Chair Date Amy Herbert,Recorder Date Secretary Date 9 Joint Meeting of the Golden Valley Environmental Commission, and Open Space and Recreation Commission February 27, 2012 A joint meeting of the Environmental Commission and Open Space and Recreation Commission was held at the Golden Valley Gity Hall, Council Conference Room, 7800 Golden Valley Raad, Golden Valley, Minnesota, on Monday, February 27, 2012. Chairs Rich Baker and Jerry Sandler called the meeting to order at 7:04 pm. Those present were, Environmental Commissioners Anderson, Baker, Hill, Struyk and Yahle; Open Space and Recreation Commissioners Bergman, Cornelius, Kadue, Kuebelbeck, Piper, and Sandler; City Council Member Clausen. Also present was Director of Parks & Recreation Rick Jacobson, Director of Public Works Jeannine Clancy, Parks Supervisor AI Lundstrom, Pub(ic Works Specialist Eric Eckman and Administrative Assistant Lisa Nesbitt 1. Park Turf Management Proposal Lundstrom presented the City's proposed changes to manage the park turf with the addition of Isaacson Ball Field Complex. The proposed changes include reducing the weekly mowing schedule in some passive recreatianal areas of the City's park open space system that are not programmed for active recreation and are difficult to manage due to grade and access. Changes to the mowing schedule were proposed for portions of Scheid Park, Glenview Park, the area north of Brookview tennis courts, N. Wesley Park, and Briarwood Nature Area. Cammissioners requested that the area directly behind hame plate at Scheid Park continue to be maintained due to the amount of baseball activity. Baker requested that the Environmental Commission receive updates as to the status and conditions of the naturalized park areas. Each commission agreed to make a motion of approval at their individual meetings. A full copy of the presentation is on-file. 2. EAB Update Lundstrom updated the commissions on the City's Emerald Ash Borer Management Plan. The presentation is on-file. 3. Adjournment The meeting was adjourned at 8:03 pm. C���1 C�� Public Works 1)epartment 763-593-803Q/763-593-3988(fax) � ������,�. � � _ Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda Item 3. E. 1. Award Contract for 2012 Spring Brush Pick-up Program Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Summary The 2012 Recycling Budget (page 105) includes $66,000 for Spring Brush Pick-up. Staff advertised for bids.There were three specification holders for the project, but only one firm submitted a bid. The results of the bid opening are as follows: Tim's Tree Service $66,41Q The 2012 Spring Brush Pick-up Program is a three-week program scheduled to begin on April 30. The City will be divided into three sections with one week designated for pick-up in each. Sectian 1 Entire area north of Highway 55 and west of Douglas Drive Week of April 30 Section 2 Entire area north of Highway 55 and east of Douglas Drive Week of May 7 Section 3 Entire area south of Highway 55 Week of May 14 Golden Valley's recycling program (which includes curbside recycling, brush pick-up and leaf drop-off) is supported through user fees. Residents pay$10 per quarter ($3.33/month) per household for recycling services on their utility bills. Staff provides information to residents about the 2012 Spring Brush Pick-up Program through the CityNews, postcards mailed to their homes, and on the City's web site. Recommended Action Motion to award the contract to Tim's Tree Service in the amount of$66,410 for the 2012 Spring Brush Pick-up Program. C���' t�� , �;�:: � � ���� �� � ��,. ��� Public Works Department 763-593-8030/763-593-3988{faxj Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda Item 3. E. 2. Bid and Quotes -Award Contracts for 2012 Pavement Management Program a. Construction Contract b. Construction Engineering Services c. Street Lighting Services Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Award Construction Contract Bids for the 2012 Pavement Management Program (PMP), City Improvement Project 12-01, were opened on March 22, 2012. Five bids were received. The bids are listed as follows: GMH Asphalt Corporation $4,077,429.67 Northwest Asphalt $4,121,025.80 Valley Paving $4,150,450.99 Palda &Sons, Inc. $4,280,602.83 C.S. McCrossan Construction, Inc. $4,996,522.58 Construction Budget $5,148,731.96 Staff has reviewed the bids and found them to be accurate and in order. The lowest bid was $1,073,577.29 (20%) less than the Construction Budget. Construction Obseruation and En�ineerin�Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated March 22, 2012 for construction staking and engineering services for the 2012 PMP. Engineering services include specialized work in geotechnical engineering for soil conditions and environmental engineering. The construction staking includes all survey work during construction, and record drawing survey and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not to exceed amount of$251,700. Street lightin�Services The decorative streetlights within the project area are 25 years old and are at the end of their anticipated service life. Therefore, the lights will be removed and replaced as part of the project. Xcel Energy Outdoor Lighting has provided a contract for these services at a not to exceed cost of $89,000. This cost was $18,100 (16%) less than the budgeted $107,100. Attachments • Location map (1 page) • Professional Services Agreement dated March 22, 2012, from Susan Mason, SEH, to Jeannine Clancy, Director of Public Works (6 pages) � Construction Agreement for Street Lighting Facilities from Xcel Energy dated February 7, 2012 (5 pages) Recommended Action 1. Motion authorizing a contract with GMH Asphalt Corporation in the amount of$4,077,429.67 for the construction of the 2012 PMP, City Improvement Project No. 12-01. 2. Motion to authorize entering into a contract with SEH, Inc. for observation, construction, staking, and engineering services for the 2012 PMP, not to exceed $251,700. 3. Motion to authorize entering into an agreement with Xcel Energy Outdoor Lighting not to exceed $89,000 for street Iighting services for the 2012 PMP. Creek Nature � Area Wddwood Park Duluth Sl Sche�d Hampshrre Park !1�! Paik �sti sr.c.o�. Park � Z O a � o � o Q 3 � m F` < m Seeman ��4� Z Pa� � Phoenix St z m a' N Adlrie NNUm Areo � Schape Park �I �p Z 'SS Perpich Cent i � T_... ..__... � d Foi Arts Etluce n � BellFields � Q 9 -, C Yos mite � ark w m Harold Ave � 0 t � � Lions ookview Pa� ParF Wesfem Avenue Marsh Roneld 9.Oevis � . _ . 9 � � comm�my ce�re. GlenwoodAve � � � S Y W m C m k Y �\��� .,"�� �\.. � -���-����—�� Leu2l Avenue Greenbelt '�100 N 9 W Q ri1fC�B�pWn M _ m O f) N —"'—"_—'"—' � '—"—"_"_""—""—"__—_'—""—""—"—_'_"_"_"_'"_'_—__—"_"_'_—"—"_"—"_"_"_"_"—_—_'_"__"___"_""� '_""'__—__—__ '_'__"_"_"__'___—'—"'—� �T'—""__"—"'—�'"_'"_"_"� I I I 2012 PMP i � � '� ------- Location Map e 2012 P M P Not to Scale ��.F.,�rtj.; D M�� � 81012 � BY;_____-_ /'.I► '"----- March 22,Z012 RE: City of Golden Valley,Minnesota 2012 PMP Construction Services SEH No. 110544, 115792, 116899 City No. 12-01, 12-02 Ms.Jeannine Clancy Director of Public Works City of Golden Valley '7$00 Golden Valley Road Golden Valley,M1Y 55427-4588 Dear Jeannine: Thank you for the opportunity to assist the City of Gotden Valley to provide professimLal engineering services to the City of Golden Valley far the 2012 Pavement Management Program(PMP) construction season. This letter serves as the supplemental Letter Agreement in accordance with the Agreement for Pmfessional Services between the City of Golden Valley and SEFI. Background The City of Golden Valley has completed the design and intends to x�econstruat their 2012 Pavement Managennent Program(PMP). The proposed 2012 PMP improvements include three distinet project areas,likely completed in the fallowing arder,however with some overlapping of schedules: 1. Circle Down aud Turners Crossroad 2. Welcome Avenue and King Hill Neighborhood Streets 3. Harold Avenue�nd Rhode Island Avenue Each project ineludes construction of storm sewer pipe,drainage structures,sanitary sewer repairs, and isola.ted water main improvements. All of the streets will be reconst�ucted including concrete curb and gutter.The work on Circle Down includes an 18 inah diameter fome main which is a part of MCES' larger 1-GV-4bl Lift Statian and Force main proje�t.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 overalt construction administration of this project. SEIi prepared the plans and will be providing construction staking services,a full time Resident Project Representative (RPR),canstructian observation s�rvices,and record plan services as describ�below and detailed in the task summary. Scope of Work Construction Staldng SEH will pruvide a survey cr�w to pmvide the construction staldng of the propased improvements for the neighborhoad str�eets 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 priv�te Short Elliott He+�drickso�Inc.�3595 Vedneis Center Ddve�Saint Peul MN 55110-5196 SEH is an equal opportuntty emplo�r � www.sehlnc.tom � 861.490.ZD00 � 800.326.206fi � 651.490.2150 fex Ms.Jean*��rie Clatl�y—2012 PMP Construction Services Ivlarch 22,2012 Page 2 utility companies,and sidewalk stakes. In addition,time has been inclu+ded to provide full time survey as-built observation"as needed"during the force rnain installation.Ail survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Regresentative(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 supervisia�of the Engineer. The RPR sltall serve as the liaison with th�coni�actor,working principally thrc�ugh the contractor's superintenden� They will assist in helging the contractox understand the intent of the Contract Documents. The field persannel will review the progress schedule,shop drawings,and required submittals, Schedule of Materials Contral and consult with the Engin�r concerning acceptability. The RPR wilt be responsible for maintaining job site files,for correspondence,meeting reports,field orders,and supplemental agreements. They will keep a daily diary or log boak. Recards pertaining to quantities and applicatians for gayment will be the responsibility of the RPR. The kPR will also keep information pertaining ta rec�rd plans and will schedule the survey crew based on the staking requests from the contractor's representative. Observatian SEH will pravide abservation services including attendance af the pre-eonstruction meeting and shop drawing review on drainage structures for aIl three proje�t areas.A budget has been included for each project area for minvr technical support if ne�eded for geotechnical or traffic control issues thxt may arise.Time has also b�eaa.in.Gluded to assist with proj�ct closeout acti�ities. On Harold Avenue,because of the potential for contamination adjacent to Lion's Park,we have included time for an environmental seientist to coardinate potential dispasal with the land fill and time(3 days}for an envirflnmental technician to be on-site to screen the soils as they are excavat�. Work that may inelude additianal analy�ical testing or time beyand this uutial screening will be considered extra work and addressed separately if necessaiy.We have also included two field visits for the landseape architect to work with the tree planting contractar and residents for the planting proposed on Harold Avenue in front of the Vallee D'OR townhome complex. Record Plan Serviees SEH will perfortn a record survey of all praject�reas,which ineludes providing final top of structare and invert surveys on new sewer structures.Benchmarks will be z�eestablished in#he constntction are�as in conjunction with the recard survey. In addition,SEH witl obtain record drawing information and complete the ne�ord drawing plans for the force main portion of the work according to the City's Standards. The Ciiy will complete the record drawings far the remaining streets. Praject Team I}aniel Erickson will manage coordination as reqnired between city staff and the surveying and will pravide administration of�ur contract with the City. He will also be available to answer design related questions and will attend the weekly proj�t construction meetings as necessary. Greg Tvedt will be the lead Survey Crew Chief assigned. Mike Kotila wili be available to provide traffic engineering support as necessary. Brent Theroux will be available to provide gent�chnical field suppart as may be required with the force main installation and subgrade correetion work.Al Ms.Jeannine Clancy—2Q12 PMP Construction Services March 22,2012 Page 3 Suuderman will coordinate the environtnental soil screening work and pmvide the caordination with the tandfill. 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 constructian. Compensation SEH proposes to be compensated far the scope of work prop�sed in the Agreeraent on an hotuly basis. Compensation wi11 be based on the hourly cost of personnel plus reimbursable expenses, including repraductions,mileage,car allowance,and equipment.Additional services required beyond the taslcs and estimated hours as des�ribed 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 A�enue and King Hill l'deighborhood Streets $ 65,400 3. Harold Avenue and Rhode Island Avenue $ 78.7U0 Tat�120Z2 PMP Canstructian Services � �51,700 The City af Colden Va11ey will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. The pezs�n/haur task budgets for each phase af the work are attached. This agreem�nt is an understanding of the project to date.If this document satisfactorily sets forth your understanding of our agreement,please sign in the spaoe below and retum ane copy ta our office. We look farward ta working with you,your staff,and the community on this project.Thank you for the opporlunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT IiENDRiCKSON INC. ��'��.� P Susan M.Mason,PE Daniel P.Erickson,PE Principal Project Mauager amc Enclosures .:,�g�wv;uosaa��-�►ua��.���so�z�a� Approved this day of , Zq11 City of Golden Valley, Minnesota �y: -r�ti�: M n N r n �a�a cn �p t S. � � � �� w � a � '° e� $ ' � B � b b � � � l'f �D „' � � W �' � $ b V�OG! N . �p O 8 � � � � � � ; � Q � � � ti � � � � � � � � �� � � � � � � ��� _ � 8 y ��.� � � � ��g 7 ° _ �� � � ��o � � � �� � 9 ��� � �� � �� �_��� e��� �� ��� � . a� �.� �� ��� ��� � ��� � � �; � ��.� � � o �° ,���� � ���ha���� � � ���' � �,�.� ` .o � U � � � ��� ��� r N A! �x � �� �. � � O � O P N f�^O M b�O N � � � R � � b � 3� ,�o � � � � � � � � � Y � � � � � t "�N O a0 N � 8 Q �F A & � � � � � � � � � � o p � � ` � � �� � � � � � � � � � � � �� � �� � � �� � � � �� � � � � �:p� �� � ��� � �_�� ���� �� �� . _ � $� g y � �� � g �$ �� s� � y �� � � p9 �. ° > � �y � ;����� #����h3� �� y� ���� � � 'O U � � � ��w � � ° p ,� � ��' ��� N �Nm�romvortmo m � � �N� U � � � i N M �� � b �p � �� W pp �4 i �+p O � M^ � a $ � � 3 � ,a P r a �' � � � i�f�N _O p � � � < �} B � � O � � � � � � � � �i y W �� � 4 � M � � � � � �� � � �� Y � � � � �ggg� � � � � o � � � L �' U � � .� � �� � � � ; � � 4 •a� � $�� ��� � � �� ��� .� ,� �� � �� �� � � � �� � � � o 0 � �> � a � �� ����� a����� � � ���� � �� � � �� - ` U � . � ��M U na ry � �� ��� �1 ^ ��'��`�v��, ��� 2 a zo�z (�,,, Xt:�!'�Enerqy' .�Y: �""""""--^-•��"`�.�,_„ Qutdoor LiphUng 825 Rice Street St,Paul,MN 55117 Construction Agreement For Street Lighting Facilities The("Customer")and Narthem States Power Company, a Minnesota Corporation d/b/a Xcel Energy("Xcel Energy" or"Company")agr�to this Canstruction Agreement for Street Lighbng Faalities, including the attached Terms and Conditlqns,for the foiiowing street Ifght facil�ies: Customer.City of Gold Valley Address:7840 Galden Vailey Road City: Goiden Valley State:MN Zip Cods:5542T Projed charges of:EiQhty nine thousand doliars and no1100 Dollars:589,000.00 In acxordence with the foliowing terms of payment:Payment due 30 days after constnsction has been complatsd F'ar Association or Ciry of:Goidan Valley Streetlights/Faalities Lacation:King Creek King Hill,and Welcome and Phosnix Rate Code: A30-4 Prepay strest Iight Mstall,monthiy per street light fee is i6.08 billed to the City of Golden Vaqey after instailation has been eompleted. Service consisting of: installation of Com an Owned streetli ht facilities cunsistin of: Das(gnatl�,n of Lam�s: N�mber of Luminaries: Remove, 2T 27-100W traditional fixture.s on 18'di�ect buried FG poles. InstalL• lnstall 4125'of#6 AL aX to serve street lights Install by plow 2860' 1 1/2"conduit Instali by ditBCtional bore 875'of 1 12"conduit Install 27- 100W HPS Bronze Traditional fixtures Install 27- 18'Bronze Di�ecf Buried fiberglass poles Restioration is not part of tfiis bid. Movfng the following Company Owned street light facilitles to a new location: WA Construct+on rocess valid for 30 da s from: Gustomer and Xcei Energy agrae to the attached terrns and condi�ons for the installation and moving of the facilities identffied above. Customer and Xcel Energy agree that the aperation of the newiy instalied ar moved facilities shali be subject to the General Street l.ighting Contract for Opera�ons 8� Maintenanca Senrices between Gu�tamer and Xcel Energy. Dated thia day of 2Q Dated this day af 20 Customer: Clty of Golden Valley Xcel Energy: �y: By: Tltle: Title: Timothy J.Virant,Director Business Operations-Mtnnesota as authorized agent fa�Northern States Power Co. Plorthem States Power Gampany,a Minnesota corporation and whotly owned subsidfary of Xcel Ener+gy►ne. August 2008 Page 1 of 5 ,��r�ne�►y- ou����h6� 825 Rice Street 5t.Paul,MN 55117 XCEt ENERGY USE ONLY Date: D3v: MP4S February 7, 2012 Xcel Energy Outdoor Lighting Consultant:Edward P. Bie in Jr. Xcel Ene Pro'ect Number. Custamer Cha es Paid: TERMS AND CONDITIONS Customer and Company agree ta the following terms and canditions: 1. Acxeptance. Execution of this AgreemeM constitutes Customer's acceptance of the express terms of Gompany's proposal and the offer contained therein,whiah are included and incnrporated into this Agreemerri. Any addftional or dilfierent terms proposed by Custamer,or any attempt by Custome�tp vary in any degree any of the terrns in this Agreement in Customer's acceptance,are hereby objected to and rejected,and(i)such add'+tional or different termx shall not operate as a rejection af the incorporation of the Company's propasal in this Agreement unless such va�iances ar+e with respect to #enns invalving the description, quantity, or delivery schedule of the Wotk to be perfarmed by Gompany as described in Company's proposal ("the Wark° means the suppiying pf any labar, materials, or any ather wark of Campany expressly described In Company`s proposal); (ii} such addi�onal or different terms shall k� deerned a material alteration hereofi and (iii) Company's proposal shall be deemed acoepted by Customer and inc:flrparated fnto this Agreemer�t wlthout sald additlona!or dift'erent terms. 2. Rsquest for Instailatian; Rights. Customer►�equasts that Company install outdaar lighting at the location(s) designated on page one andlor as shown on the attached exhibit. Custamer grants Company any right,privilegs and easemerit tq instail,operate and maintain its faciiities,including underground faciliaes,an the property. 3. Instaliation Requirerr�ents. Customer agrees that,prio�to Company starting work: (1}the route of Company's service instailation shall be accessible to Company's equipment; (2) Customer will remove all obstrucctions from the route at na cost or expense to Company;(3)Customer wiil ciearly mark all aeptic tanks,drain-fleids,sprinkler systems, water welis, owner-installed electric or pipeilne facilities, or other Custamer-awned facilities in the installation route;and(4)the ground elevafion along the route shall not be above or more than four fnches below the final grade. Company will contact the appropriate agency to locate 3ro party utllity facifiUss (phone, cable, etc.} on Customer property. Customer agrees Company is not respansible fiar damage to Customer-owned underground facilities not marked at the time of outdoor lighting service instail�tion. 4. Instailation Cost ContNbution. Customer agrees to pay an installation cost cantrlbu�on provided in Project Charges on page one. Customer is responsibie for any additional installation costs incumed by Company because of(1)soil canditions that Impair the installation of underground facilities,such as rock farmations, etc., and (2}sidewalks,curbing, biack top, paving, sod or ether landscaping and obstructions along the ca�e route, such as extensive existing undet+ground facitities,etc. S. Winter Construction Charges. When underground facilities are instalied beNveen October 1 and April 15, inclusive,because of failure of Cuatome�to meet all�quiremerrts of the Company by September 30,or because the Customer's property, ar the streets leading thereto, are not ready to receive the under+graund facilities by such date, such woiic will be subject to a Winter Construction Charge whe�winter conditlons of six inches or more of frost exist, snow removal or plowing is required to install service, or bumers must 1� set at the underground facilities in order to install service for the enfaro length of the underground service. 1Nimer , construction wiif not be undertaken by the Company where prohibited by law or where it is not pract(ca!to insta0 underground faaliGes during the winter season. The charges apply to frost depths of 18"or lass. At greater frost depths,#he Gompany may individually determine the jab cost. The Company also reserves the �ight to charge for any unusual winte�constn�ction expenses. Ail winter construction charges are non-refundable and are in additlon to any normal constructian charges. 6. Schedule;Delays. Quoted shipping and cornpletion dates are approxPmate a�d are based on prompt receipt of ali necessary informatian and approvals from Customer and access as required by Company and its contractors or subcontractors(ff any)to the site and to the equipment which is the subJect of this Agreement. If Company's performance is delayed by Custamers suspension of wo�lc, in whae or in part, or by any act or omission of Northem States Porr�r Company,a Minnesota corporation and whoUy owned subsidiary of Xcel Energy Inc. August 2006 Page 2 of 5 Xce/Ener+gy� Outdoor Ughting 825 Rice Street St.Paul,MN 55117 Customer, the time for perFarmance will be extended by the period of time requir�d by Comparp+to retum to the state of performance that existed before ttre delay. 11`the deiay or suspension condnues for sixty (60) days, Company has the right to cancel or►enegotiate the Agreement. Customer will pay an equitable adjusimerrt based on a claim submit#ed by Company for all reasonable costs,damages and expenses incurred by Company inciderrt ta the delay or suspsr�sion. 7. Changes. The prices for any extras or changes to the scape af#he Work or madifica#ions to the paymeM or perfonnance schedule wili be agreed upon in wiiting befare either party will be obligated ta proceed with such changes. Performance of any change will not waive any daims for equftable adjustmerit in price or schedule. 8. Rela:ating Facilltles. Custome� agrees to pay the cost of relocating any portion of facilities, including underground facilities,to accommodate Customer or as required due to altering of grade,additians to stn�ctures, instailation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or a�y other condikion which makes maintenance of the Company's facilities impracticaL 9. Envlronmentai. P�or to the start of the Work, Customer will provide natice of any hazarcious ma#srials or hazardous situations that it is aware of with respect to the facilities where the Work is ta be performed or that coUld affiect fhe Work. tn the event Company encou►►ters the e�stence of asbest4s, asbestps confaining materials, forrnaldehyde, lead, or potentialiy toxic or othennrise hazardou$ material in the perfoRnance of the Work,the disc�very tfiereof shall constitute a cause beyond Company's reasonable contro!and Company shall have the right to cease or not commence the Work until the area has 6een made safe by Custome� or Customer's representative,at Customer's expense. 10. Restoration. Cornpany will rest�re any excavation of the boulevard on CustomePs praperty witt�exisang soil so it is level and elean. Customer is responsible for the final compading, losm, seeding, sod or watering of the boulevard at Customer's expense unless othe�wise�ated an page one of this Agreement. 11. Additlonal Charges. In addition to the project charges on page one af this Agreement, Company shafi be compensatad for any added costs of performing the Work attributable to any one or more aF the following: (i)any and all extras and change orders and any and all other additional worlc mutualiy agreed by Customer and Company; (ii) any and aU costs and e�renses related to asbestos or other environmental matters, any uMoreseen conditions or any changes in the law; and{iii)any and all added costs and expenses of performing the Wor1c attributable to any c�ange by Customer in the criteria or irrformation for the facility or to any delay or breach by Customsr or its subcontractors. 72. Uperatlons; Malntenance. Customer requests end authorizes Company to provide illuminatio� and maintain the street lighting tacilities under the Terms and Conditions as described in Customer's General Street l.ighting Contract far Operations& Maintenances Services with Company, which shall be effsctive upon the campietion date of the street IigM instaila�on. 1S. Payme�tts. Unless otherwise specif�ed in Company's proposal,Company may at its option invoice Custorner upon completion of the Work or invoice Customer on a monthly basis for constructian work perfam�ed under this Ag�ement. Custamer shall pay Company all invoiced amounts within thirty(30)dayrs of receipt of invoice. 14. Terminatlon. Custom+� may terminate the /�qreement only upon wriiten notice to Company and paymerrt to Company fcx all (i) services and Work rendered or perFormed to the affec6ve date of such termination; (if} materials, supplies and equipment purcha�ed prior to the effedive date of such termination; and (iii} casb incurred by Campany as a result of such teRnination. 75. Warranties. Gomparry shall pertorm the Work in a sefe and professional manner fn accordance with all appllcable codes, standarcls, regulations and laws. Company shall repair, replaoe or correct to Custome►'s satisfaction aU fautty or sulxstandard wark or defects in materials which appear within ninety(90j days from the date of cx>mpletian of the Work. Acceptance of the Work or payment by Custamer shali not affect th�obligatbn. THE WARRAM"IES SET FORTH IN THIS AGREEMENT ARE EXC�USIVE AND IN LIEU OF ALL STATUTURX OR IMPUED WARRAMIE3 (INCLUDihlG ANY IAARUED WARRAN7Y qF MLRCHANTABiLCtY OR ANY lMPUED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). Northem States Power Company,a Minnesota corporatio�and wholly owned subsidiary of Xcel Energy Inc. August 2008 Page 3 of 5 .�Cc�e1 Enenqy qutdoor Lighting 825 Rice Street St Paul,MN 55117 16. Limitation of Remedies. IN NO EVENT,WHETMER BASED ON GONTRAGT,INDEMNIIY,WARRANIY,TpRT (INCWQING NEGUGENCE), STRICT LIABILITY OR t7THERWISE, SHAIL COMPANY BE UABLE TO CUSTOMER FOR SPECIAL, INDIRECT� INCiDEN'TAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INC�UDING, WITHOUT LtMITA710N, LOSS �F PROFITS OR REVENUE. In no event whatsoever shall Campany ever be liable to Customer far any damages or other amour�ts (includi�g, without limitation, dired ar actual damages),whether arising in c�ntract or tort{induding,wlthnut limitation,negligencej or athetwise,under ar in con�ection with this Agresment or the VVaic, in an amour►t,in the�qgregate,in exc�ss of the totai price paid for the Woric;any and atl claims for damages in excess of such amauM being hereby forevsr waived and released by Customer,provided,however,that nothing c7antained in this serrtence shall waive or limit any direct damages which Customer may suffer on account of Company's gross negligence or wiliful misconduct. 1 T. Force Majeure. Neither parry wilf be liabie to the other for arry delay or faUure to perform due to any cause bayand its r�easonable corrtrol, including fire,fload, strike or other labor d'rfficulty, act of God, or act of any govemmental authority. The party experienang the force majeure wili notify the other party prompUy, and appropriate adjustments will be negotiated. In the everrt of delay in performa�ce due to force maJeure,the date af delivery or tfine far campletion will be extended by a period of time reasonably necessary to overcorne the ef'fect o#such delay, provided that if such delay cxintinues for 6p days the party nat experiencing the foroe majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer revisw documents developed by Company for conformity with Custamer requirements or specifications. Unless Customer advises Company otherwise fn writing withhin fifteen (15) days after Company's submission, Gompany may cansider the documerrts approved and proceed with worlc. Changes thereafter, made at the directian of Gustomer, wfll entitle Campany to adjustment by ahange order. 19. Docamentation and Proprietary Informatlon. Custamer wili provide Campany with accurate and complete iMormation in order to permit Company to successfully undertake and complete the Wark. Company shall not be prohibited fivm disdosure or use of proprietary or confldentfal iriformatlon or da.uments necessary far Campany to secure or rnaintain fn efFect any license or peRnit,or otherwise to compiete the Wor1c. Where Gustomer information is incomplete or incorrect,resu�ing in delay or extra work,Company wili be snti8ed to adjustrnent by change orc3er. 2p, Work Product. Ali reports, drawings, plans, speciflcations, calculations, studies, software programs, tapes, madels and memoranda, 'rf any, assembied o� prepared by Company or Company's affiliates, independeM profiassional assaciates, agents, consultants, cor�traac�ors or subcontractws pursuant to this AgreemeM are insUvments of service in respect of the Worlc, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Gustomer may make and r�tain copies for irrFonnatfon and reference in connectlon with the Work;pravided, how�ver,that it is understood and agreed that such documents are not inte�ded to be re-usad by Custamer or others on extensions of the project or on any other praject or a�y other purpose other than as expressly set forth In this Agreemer�t, and Customer shali not re-use or dfsclose to any third party ail ar any po►tion of such woric product w'rthout the e�ress prior written consent of Company. 21. Customer Faailities. Company does not assume any respansibility for the ad�uacy, safety or satisfactory performance of Customer's faciiitias. Customer shall, to the fuliest extent permitted by law, indemnify, defend and hold harmless Company and its Mficers,directors,agents,employees,and representatives from and against any and aU losses, ciaims, damages, expenses (including attomeys' faes and costs) arising, for any reason whatsaever,out af the failure,non-operation or fautty performance af Customers facilities(except to the exterrt af Company's gross negligence or willfui misconduct). 22. Subcontracting, Company may subcantract any portion or all of the Work without the approval af Customer. 23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shaU be construed ta creste the refationship of principal and agent, or of (imrted or general partner, or of point venture or of any association between ar among the parties to this l�qreement,except that af owner and independent contractor. 24. Title;Rlghts af Access, Gustomer warrants that it has fee simpis title to the property. Gustomer hsrsby grants to Company the right to enter and improve the real property for the purpvses stated herein. Northem States Power Company,a Minnesota corporation and whoily owned subsidiary of Xcel Energy Inc. August2006 Page 4 of 5 Xce/Enerqy° Qutdoor lighdng 825 Rice Street S�Paul,MN 55117 25. OwnersMlp. Customer shaA acqutre no rigM,tiNe or interest in any portion of the Work or Company's equipment ar facilities placed in,on,over, through and/or under the real property by Company. The Work constructed and instaNed by Gampany an the real property pf Customer shafl be and mean the personal property of Company, shali not be cansidered a fi�ure of the property, shall not attach to the realf�r, and shall not be al(enabie or lienable by Customer or any other party. Further, Company may remove, repair and replace the Wo�ic and its companent system and equipment at any tirr�without noUce in Company's sole and absolute discretion. 26. Other. It is agreeci that failure by Customer or by Company at any time or frwn time to time t4 enfarce any of the provisions af this Agreemant shall not be constnied to be a waiver of sudi provision or af Customers right or Company's right, respectively,to thereafter anforce each and every provision hereof. This Agreement contalns, v�rith respect to the spec�c services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upan and inure to the beneflt of the partiss' successors and assigns. This Agreement may not be mo�ified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable,then such provision will be deemed null and void but the remaining provisions shall be er�forceable according ta their terms. This Agreement shail be canstrued and interpreted in accordance with the internal laws of the Stats of Minnesota(as oppased to conflicb of laws provisions)as though all acts and omissions cantemplated hereby or reiated hereto occurred in Minnesota. No course nf prior deaNng, usage of trade and course of p+erformance shafl be used ta mod'rfy, supplement ar expiain any terms af this Agreement. Neither Party will assign or atherwisa transfer its rights or obligaiians hereunder, in whole or in part, without the advance wrikten consent of the other. tVofin+ithstanding the above,Company may assign its rights or obligatians to any af its affiliates without the written consent of Custamer. 27. Gaverning Law. The Terms and Conditians provided herein and the�ghts of all the parties hereunder shall be aonstrued under and govemed by the laws of the State of Minnesota. Northem States Power Company,a Minnesota corporaUon and whoily owned subsidiary ot Xcel Enargy Inc. August 2006 Page 5 of 5 C l�� t�� i ,�;, ,�,,, �,. Public Works Department 763-593-$03Q/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda Item 3. F. Notification to Counci) Regarding Construction of Public Improvements and Exception to Noise Ordinance for the MCES Project Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, P.E., City Engineer Mitchell Hoeft, E.I.T., Engineer Summary The Metropolitan Council Environmental Services (MCES) has recently applied for a right-of-way management permit to complete the rehabilitation of its 1-GV-461 interceptor sewer. In the summer of 2011, MCES completed a portion of this rehabilitation by lining the existing sanitary sewer interceptor in the Loring lane/Westwood Drive neighborhood as shown on the attached map. The conclusion of this project will incorporate full excavation and removal of approximately 100 feet of pipe in the North Tyrol Park area as well as sewer lining under Interstate 394. In order to make these repairs, MCES will need tb run pumps and generators 24 hours a day to route sewage around the sections of pipe that are being rehabilitated. The pumps/generators will be placed in "Silent Night" enclosures and will produce a sound reading of about 70 decibels at 25 feet. MCES will also need to run its boiler trucks during the installation process to aid in the curing of the newly installed sewer liner. This noise will last for 24 hours on the day of installation and will result in noise levels of 82 decibels at 25 feet. A 70-decibel sound level reflects that of a noisy restaurant and an 82-decibel sound level reflects that of a vacuum cleaner or lawn mower. Pursuant to Section 10.62, Subdivision 4, Section I: Construction or Repairing of euildings. The erection (including excavation), demolition, alteration or repair of any building or highway or utility construction other than between the haurs of 7 am and 10 pm, except for(1) City public improvements after City Council notification or(2J City emergency repairs. Council is hereby notified that MCES's construction will extend outside the hours af 7 am and 10 pm for the duration of the project. The project is anticipated to last approximately five to six weeks. Attachments • Location Map (1 page) Recommended Action Motion to receive and file the notification that MCES's construction will extend outside the hours of 7 am and 10 pm for the duration of its 1-GV-461 rehabilitation project, estimated to last four to six weeks. � f . �_ .-��.w w•. �.�-....:� ..��,.,.. r ;,.:..r.,< , . t ry� 'c- r�, ¢ _ L..�. � �1 H L x� � x'"' Metropolitan Council RN.�S�pE�R MH'� � �� ' �° � ��� � ' •9 �r��H;'�,�` .,n �° �� Cn�»��c�r�ni�>��t�71 ,Ser�ni��� � �a � _ � H�582� Z; ��`�� !� 9 C�� . k v�.. . �� } ,.��•.� �� J Z� _ 'R �c�'L �,A'�. � ' � " ` -`- `z _ 5h"i,`: � .r:E ( �. W� . : . �� 'r� a �l�i� �� �'` �'t �„��`��'m ,��� hnEl 5?>f, t1H���FS � a�i � - � '-',r ��, s�� . �,P � r�' � ��'�~ � � ;. <' ' ' ��'��� � Interceptor Facilities ° � � - � ` ':��` p ors �'� � '~''� �_��,. �R. � � ..�....�'�, avitm In . . . .. -i e .w� . Gr terce t P 9 �� .� �, o _ _. . . . � � _ �� �,�,� . � ',� �. 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'� , f �,- � WAYZATA BLVD �"y`�`: : � , u , , � ,,�' �,�� , � t �- ����� � �� � , �_. � � � = T ; ,1�H sos,�' ' w � „r".���� ' ���.��=�� � � ��� �� � � ��,� a ; __- ��, _, � TYROL CRS ,�� _ � � , � , , � TyR rv ; ' ; ; . �, . .. _ ��a � � , O v •` ` , ,.: . � � � .z This map is for geographical representation only, for a general location of MCES Interceptor Facilities. This map is not to be used for excavation or engineering purposes. 2 If you have questions, or need additional information, please call 651-602-4511. Please reference a Gopher One Call Ticket number when applicable. ci�� o�f ;;�are� , ,,, Planning Department 763-593-8095/763-593-81 Q9(fax) Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 Agenda item 4. A. Public Hearing- Preliminary Plat Approval - Meadow Woods - 15 Meadow Lane North - Golden Valley Land Co., Applicant Prepared By Joe Hogeboom, City Planner Summary Matt Pavek, Golden Valley Land Co., is proposing to subdivide the property located at 15 Meadow Lane inta four separate lots. The existing home on the property, as well as the pond, would remain. The applicant submitted two plans for development. The first plan (Sheet 3 and Sheet 4) conforms to the requirements in Chapter 12 of City Code. The second plan (Sheet 3A) does not conform, as lot 2 is five feet shorter in length than permitted by Code. City Code requires that newly created corner lots have at least 100 feet of width at the front setback line. The applicant is seeking a variance to the Subdivision to allow Lot 2 to measure 95 feet at the front setback line. This would enable the hame on Lot 3 to be located further to the north and a longer distance away from the pond. The Planning Commission moved to recommend both plans, looking to the City Council to choose a preferred plan.The Planning Commission also voted to recommend that the pond setback be increased from 25 feet to 30 feet if the variance plan is approved. The developer has stated that this contradicts the intent of the variance, which is meant to allow more evenly spaced lots and greater area between the proposed houses. A narrative from the developer that addresses this issue is attached. Setback boundaries (building envelopes) of the proposed lots on both optians would allow standard-sized homes to be constructed without variances from the Zoning Code. Attachments • Location Map (1 page) • Unapproved Planning Commission Minutes dated March 15, 2012 (10 pages) • Letter from Golden Valley Land Company dated March 26, 2012 (2 pages) • Memorandum to the Planning Commission dated March 8, 2012 (3 pagesj • Memorandum from City Engineer Jeff Oliver dated March 8, 2012 (5 pages) • Site Plans (10 pages) Recommended Action Staff recommends that the City Council approve one of the two options: Option 1 Motion to approve a waiver to Section 12.20, Subdivision 5(B) of City Code allowing Lot 2 to be 95 feet in width along the east front setback line, finding that: • Reducing the lot width requirement by 5 feet enables homes to be constructed further away from the onsite pond. And, motion to approve the Preliminary Plat (Sheet 3A) for Meadow Woods, 15 Meadow Lane North, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$4,885.90 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 8, 2012 shal) become part of this approval. 4. There shall be a minimum building setback of 30 feet from the existing pond for all lots. 5. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 6. All applicable City permits shall be obtained prior to the development of the new lots. 7. All other applicable local, state and federal requirements shall be met at all times. Option 2 Motion to approve the Preliminary Plat (Sheet 4) for Meadow Woods, 15 Meadow Lane North, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$4,885.90 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 8, 2012 shail become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. 6. All other applicable local, state and federal requirements shall be met at all times. � � � 42 5 1 7 t5 � �c 1 �� � 31#1 J11 �� S32 � - � � 3t18 308 'S b c e =„ � 3iN � � 3�ti d � �43 #�> �2p� t� �i1 �� � �fl1 3dY3 ;�: 34Q 391b 1 ' � 30� 3tli t 318 243 1 42 2��� � � I � � � ��,� t 1 _P"b tar Dr_ _ ,_ -__.� y, _ _. _,,! 23S �` P ^�-- _ �' °P�vplar tlr" �" .... ...!- -t.t�ing#:a'" � � r 1 . 22 d 224 # Sp0 237 !r' �5D 4215 4125 2q5 � �Afi 235 �� 234 3901 t � 321 ! � 222 'y �� ci 1 212 2i9 t � 1 220 4s.� e � 212 249 A f 2Q0 � 215 221 � 2gD 22'I f i°�, � �{�� � .. 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Approval of Minutes � , .. ,�� � -, � x , _ , _. ., ,,, r_ a r . f.. . . , . ...< .,�� ruary 13, 2012 Regular PI ing, ° o ' ion Meeting ; � McCarty stated that he misun tood the tion regardin ublic hearing for the proposed PUD on Triton . He said tha he had unders#oo would have changed his vote. � The Commissio iscussed their understan ,ng of the motion and"suggested th McCarty wri letter to the Council explain g his concerns. ` MOV y Schmidgall, seconded by Cera d motion carried unanimously to approve the ebruary 13, 2012 minutes as submitted: 2. Informal Public Hearing — Subdivision '- 15 Meadow Lane North — SU08-1 Q Applicant: Golden Valley Land;Co. -Matt Pavek Address: 15 Meadow Lane North _ Purpose: To allow the applicant to divide one single family residential lot into four single family residential lots (the existing home will remain) Grimes referred to a site plan of the property and explained that the applicant is proposing to keep the existing home and divide the 2.1 acre lot into four single family residential lots. He stated that the applicant is requesting a variance of 5 feet to allow the corner lat (Lot 2) to be 95 feet in width instead of 100 feet as required along Meadow Lane North. (The applicant's original request was for Lot 2 to be 90 feet in width).He stated that alI of the proposed lots exceed the minimum lot size requirement and confarm to the requirements of the Comprehensive Plan and the Zoning Code. Waldhauser asked if the variance request will have to go to the Board of Zoning Appeals. Grimes said no and explained that the City Council would grant variances from the Subdivision Code whereas the Board of Zoning Appeals would grant variances from the Zoning Code. Waldhauser referred to the City Engineer's staff report where it states that a buffer around the pond is "encouraged." She questioned if the buffer could be required in order to help Minutes of the Golden Valley Planning Commission March 15, 2012 Page 2 filter the water, Grimes stated that the applicant prefers to keep the existing landscaping that currently exists around the pond. McCarty noted that a buffer would also help keep geese out of the pond. Segelbaum asked where the additional 5 feet came from in order to make the corner lot 95 feet in width rather than 90 feet as originally proposed. Grimes stated that the applicant shifted the lots in order to make the corner lot be 95 feet in width. Waldhauser asked about the setback from the wetland. Grimes stated tha# there is a 25- foot setback required from the wetland. Kluchka referred to the Planning staff report where it states that corner lots have'to 20 feet greater than interior lots and asked for clarification. Grimes explained that the Subdivision Code requires interior lots to be 80 feet in width and corner lots to be 100 feet width, which is 20 feet greater. Kisch asked if both property lines along a corner lot have to measure!100 feet in width. Grimes said both property lines are required to be 100 feet in,width and explained that the width of a lot is measured at the front setback line and the narrower side of a lot is considered to be the front. Segelbaum noted that one of the criteria for approval fisted in the Planning staff report states that a subdivision request shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Grimes stated that the proposed lots can meet the requirements of the Single Family Zoning District; the variance request is from the Subdivision Code. Segelbaum asked if the City has any authority to deny this proposal. Grimes said, in his opinion, no. Waldhauser clarified that there are two issues. One is the subdivision request and one is the variance request. She suggested fihey vote on the items separately. McCarty referred to the City Engineer's memo where it states that the builder must "ensure" that each stormwa#er management plan submitted meets the lowest floor elevation requirements. He said he thinks the word "ensure" is ambiguous and hard to enforce. Grimes explained that the applicant, per ordinance, will have to submit stormwater management plans that meet the City's requirements. Kluchka asked Grimes if he is aware of any covenants on this property that would limit the ability to subdivide it. Grimes said no. Peter K'naeble, Terra Engineering, explained that all of the plans submitted represent conforming lots. He explained that they are asking for a variance on the width of Lot 2 as an optional plan that would allow Lot 3 to be shifted slightly in order to allow the house to be built further away from the pond. He stated that if the City doesn't feel that the variance is justifiable they can still do the project using conforming lot widths. Knaeble referred to a site plan of the property and reiterated that the proposal is to keep the existing home and allow three new homes to be built which he feels is a benefit to Golden Valley. Minutes of the Galden Valley Planning Commission March 15, 2012 Page 3 Knaeble stated that each lot will be custom graded and they are estimating 2Q out of the 128 trees, or 15% of the trees will be removed. The tree preservation plan allows up to 40% of the trees to be removed. He explained that they've looked at several options and if the existing house were removed there could be six conforming lots on this property. He noted that the lots they are proposing are fairly large and will be bigger than the average lots in the neighborhood. He explained that they have three goals in developing this property. One is to keep the existing house and design large lots around it, the second goal is to maintain the look of the pond view on the corner lot (Lot 4) and third goal is to maintain the perimeter trees as much as possible. He showed the Commission an illustration of other subdivisions done in the area and noted that this is the last of the lots in this area that hasn't been subdivided. Knaeble showed the Commission a picture of the pond and said his,goal is to keep it the way it is, without the recommended vegetative buffer. He said he understands the requirements regarding the buffer area but a buffer strip would nofi be appropriate in this location because of the size of the watershed. Waldhauser asked about the maintenance of the pond. Knaeble stated that three properties will share the maintenance responsibility and will also meet the City and watershed requirements. He added that the City will have a public drainage and utility easement over the pond and an access easement on Meadow Lane which they do not currently have today. McCarty asked Knaeble why he is against having the vegetative buffer strip around the pond. Knaeble said he thinks a 10 to 15.-foot un-mown buffer strip will ruin the views and be a detriment to the neighborhood. He'added that the existing grass around the pond will provide some filtration. Kluchka asked Knaeble if there is any history of the pond flooding. Knaeble said he wasn't aware of a history of the pond flooding. Waldhauser asked about the elevation of the house on Lot 3 compared to the elevation of the pond. Knaeble stated that the pond has an elevation of 859 and the lowest floor elevation will be 2 feet above that. Waldhauser asked where the 25-foot setback from the pond is measured from. Knaeble stated that the setback is measured from the edge of the delineated wetland edge, not the water. Segelbaum referred #o Lot 3 and asked how far away the house would be from the pond if the requested variance is granted. Knaeble said the variance would allow the home on Lot 3 to be shifted five feet to north so the home would then be approximately 30 feet away from the pond. Kisch noted that another 350 square feet of floor space could be added to the house if the variance were granted. Kluchka asked if any consideration was given to subdividing the property into three lots instead of four. Knaeble said no and reiterated that they are looking at subdividing the property into four lots with no variances, He added that they would like to have the 5-faot variance but they don't need it to subdivide the property. Minutes of the Golden Valley Planning Commission March 15, 2012 Page 4 Waldhauser opened the public hearing. Donald Browne, 4135 Leber Lane, said his immediate concern is the pond and he was pleased to learn that it won't be filled in. His second concern is regarding the quality of the houses being built and if there were just 3 Iots total it would alleviate some his concerns. He added that this neighborhood is more historic than others and he wants to know what kind of protection there will be. Leone Fox, 4125 Leber Lane, said she has a problem with flooding and the entire area was once swampland. She stated that when the original owner of the subject property built the house he was told he had to install the pond, so it is not purely decorative and at various times it overflows. She said the more structures that are built the'less room there is for water to seep into the ground. She stated that three years ago the pond overflowed and water went into the existing home's basement. She asked that a special �tudy be done and the DNR be consulted before anything is done. Anna Murray, 12 Meadow Lane North, said there have been 3, '100-year rains since 1979 and water comes gushing down Meadow Lane causing the drains:to get filled up with debris and the pond to overflow. She said Lot 4 is very low, will have to be "built up" and will drain toward the pond. She referred to the proposed driveway on Lot 4 and said she would be looking at that long driveway and she doesn't understand why there can't be a shorter driveway onto Glenwood rather than the proposed long driveway onto Meadow Lane. She added tha# she thought there was a'Supreme Court law that says variances can't be granted unless a lot can't be built on'at all. Mary Jo Browne, 4135 Leber Lane, said'her concern is the way the proposed driveways are configured. She stated that there is a median with a sign on Meadow Lane and the sign gets knocked down, so the driveways corning onto Meadow Lane with the concrete median seems to be too much for this lot. She stated that she doesn't want to have to be watching for cars coming out ofi the driveways every time she drives down Meadow Lane. She asked if the new houses wil) be compatible with the neighborhood and questianed why the driveways can't be on Glenwood �instead of Meadow Lane. Peter Knaeble explained that the homeowner on Lot 4 could ask to have a driveway on Glenwood but they would need permission from the County to do so. He said he assumes the homeowner would;want to have their driveway on a quieter street, would want to have a Meadow Lane address and would not want to cut down trees along Glenwood to install a driveway. He added that three additional driveways on a residential street would not overtax the street. He referred to the comments made about the pond flooding and explained that he doesn't know if the flooding of the basement in the past was caused from the pond overflowing or from water coming off the roof. He added that they will be upgrading the outlet pipe of the pond. Waldhauser asked if the outlet upgrade is based on certain calculations. Knaeble said the calculations are based on the proposed development. Minutes of the Golden Valley Planning Commission March 15, 2012 Page 5 Leslie Blessing, 3940 Glenwood Ave, said she would also like the driveway on Lot 4 to be on Glenwood. She stated that she used to live in a low lying area in St. Louis Park and a neighboring property owner changed the grade of their property, following all the regulations, but it significantly changed the drainage on her property. She said she appreciates the view of the subject property and it is important not to have the 10-foot buffer around the pond. Carolyn Brunelle, 4211 Glencrest Road, asked if the developer will be required to replace the trees being removed. Waldhauser said no. Brunelle said she wants to see other projects this developer has done and she wants to know the timeframe of this project. She said the proposed long driveway on Lot 4 will create a dangerous left turn into the d riveway. Heather Fraser, 115 Maddaus Lane, said she has lost several vehicies due to flooding. She said she is not sure how the driveways along Leber Lane will fit bscause there is a 4- foot high retaining wall along Leber Lane. She said she doesn't:understand the footprint size of the houses and she likes the pond without the buffer. She referred ta the picture shown of the pond and asked which season the picture was taken in and how big the pond gets after a big rain. She suggested that the developer cfieck the history of the flooding on the property and how high the pond has been. ` Eva Jensen, 4010 Roanoke Circle, said she is very pleased with the value Golden Valley places on trees and the environment but�she is startled to hear that 40% of the trees are allowed to be removed. She asked if that count considers the size, type and age of the trees and stated that there is mostly buckthorn along Glenwood Ave. She asked about fencing codes, the proposed footprint size of the houses and the amount of space between Lots 2 and 3. She added t�iat'she is afso concerned about the quality of construction and their compatibility with'the neighborhood. Harry Pulver, 105 Meadow Lane, said he is not happy about this proposal. He stated that Golden Valley is a first ring suburb that doesn't feel like it and he questions if this proposal needs to be four lots. He said the whole neighborhood is built on a swamp and his backyard gets flooded! He said this is a precarious situation that should be looked at very carefully. ; ' Bruce Pappas, 20 Ardmore Drive, said he emailed the developer before this meeting and was told by him that all of the lots were conforming to City Code. Now he is at this meeting hearing that the developer is requesting a variance. He said his plea to the Planning Commission is that they not make it easier on the developer because what he is proposing is a bastardization of this property. He noted that the developer has said he could subdivide this property into six conforming lots and questioned if the fact that he is only proposing three new lots is supposed to make the neighbors feel good. He said it doesn't seem right that the pond can be used when figuring the square footage of these lots and asked the Commission to abide by the codes and not grant the variance. Minutes of the Golden Valley Planning Commission March 15, 2012 Page 6 Emett Carpel, 24 Ardmore Drive, asked if it has been considered to make Lots 2 and 3 into one lot. He said the iconic view of this property will no longer be iconic. He added that he understands how this development will improve the tax base but questioned how it will improve the neighborhood. Tom Hansen, 4116 Glencrest Raad, referred to the Housing Goals, Objectives and Policies section of the City's Comprehensive Plan and questioned how they would be met if this subdivision is approved. He noted that the Comprehensive Plan states that the housing goals would be met through multi-family developments not infilL He stated that the lot sizes in this area are much larger than the lots in this proposal and questioned what the City is doing to protect the historical value of the neighborhood. ` Curt Olson, 800 Tyrol Trail, said he agrees with what has been said. He asked if Lot 4 could be split again in the future to allow for another home; if so, that`would be a 'shame. He asked if anything can be done to stop further development. Anna Murray, 12 Meadow Lane North, asked if there has been any consideration given to rain gardens since there has been so much talk about flooding. Lisa Morley, 4006 Roanoke Circle, referred to other houses in the area that are far sale or took a long time to sell. She asked if these proposed houses are being built on "spec° and what will happen if they don't sell. She said she doesn't understand where the demand is for these houses. Chis Oldenburg, 240 Meadow Lane North, said he agrees with so many things that have been said. He said he was part of a minor subdivision that occurred at 240 Meadow Lane approximately 1 Q years ago and his understanding is that there is more standing water on the property now as a result of the grading that was done at that time. Carolyn Brunelle, 4211 Glencrest Road; said it seems problematic to her to allow three people to own one pond. Vicki McGinty, 4,500 Sunset 'Ridge, said there is a reason she moved to this area but it has not been easy,to stay since the taxes in Golden Valley are horrific and the property values have gone down. She said there is absolutely no benefit to this project, She said it is not about being selfish or not wanting change, the project just isn't practical and doesn't make'sense. She said maybe one additional house would be ok but not four. She said it miffs her that the neighbors have so little control over things that impact them. Chris Downey, 125 Meadow Lane North, asked if these lots would be able to be split again in the future and agreed that there has been a lot of flooding in the area. Pam Lott, 220 Sunnyridge Lane, said she was assured there would be no water problems when a subdivision was done in her neighborhood approximately 15 years ago and there have been water problems ever since so maybe the city engineers should go back to school. Minutes of the Golden Valley Planning Commission March 15, 2012 Page 7 Bruce Monick, 4215 Poplar Drive, said this is a very important piece of the neighborhood. He said the stop sign on the corner of Meadow Lane and Glenwood is run over about six or seven times per year and it is very dangerous. He said it will be difficult for people to get out of the proposed driveways on Meadow Lane and that this proposal does not keep the property as a park-like setting. He said he would like Lot 4 to have the driveway on Glenwood instead of Meadow Lane and asked if the house plans will have to be approved by a City body. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Schmidgall grouped the questions together for discussion. His first group of questions is related to the pond, rain gardens, flooding, the proposal that three peaple own the pond and the vegetative buffer around the pond. Grimes said the City Engineer's memo addresses the issues of,the pond. He said some people may not agree with him, but he is the professional engineer for the City and it his opinion that with the homes built 2 feet above the 100-year flood elevation there should not be problems with flooding in this situation. Kluchka asked who is responsible if the pond doesn't work. Grimes said if there is a 500- year flood, it won't work. Grimes added that the City will have an easement over the pond so it will be under the control of, and maintained'by, the City. Waldhauser reiterated that the pond was built just for the watershed of th:is property. Knaeble added that the pond will be owned by Lots 1, 3 and 4 and there will be a restrictive covenant on the deed regarding that ownership. Schmidgall said the next group of issues to be discussed is relating to traffic and the location of driveways. Grimes explained that as often as possible, the City likes to see driveways located on the streets with the lowest amount of traffic. He said he doesn't think Hennepin County would like to see curb cuts onta Glenwood Avenue but the owner could apply for a permit through the County. He noted that the locations of the driveways on the site plans are illustrative at this point and could change. Schm�dgall said the next questions were regarding the iconic view of the pond and the potentia) to further subdivide the property. Waldhauser said she did not think Lot 1 could be further split because there wouldn't be street access. She noted that a homeowner could purchase additional property to obtain the correct amount of frontage. She said it seems Lot 4 could potentially be split. McCarty said he doesn't think there would be enough setback area available to split Lot 4 any further. Grimes explained that every property owner has the right to propose a subdivision if they meet the requirements. Minutes of the Golden Valley Planning Commission March 15, 2012 Page 8 Schmidgall referred to the questions regarding the quality of the homes and the size of the homes' footprints. Grimes stated that as long as a house meets the requirements of the Zoning Code and Building Code it can be built. He stated that the City does not have design criteria but based on the value of the homes in this area, he would guess that these proposed homes would also be valuable. Schmidgall agreed that the location of the homes will demand quality. Schmidgall asked about fencing and said his understanding is that homeowners can install 6-foot high fences if they want to. Grimes stated that private deed restrictions regarding fences could be placed on the properties however, deed restrictions are not enforced by the City. He added that the Zoning Code does allow 4-foot high fences in front yards and 6-foot high fences in side and rear yards. Schmidgall asked about the tree preservation concerns. Grimes s#ated that the City does have a tree preservation ordinance that the developer will have to follow. He noted that there will be a tree plan and a grading plan for each lot. He reiferat�d that the applicant is proposing to remove 20 trees. He added that he believes trees add value to property and developers don't typically remove more trees than necessary. , Schmidgall stated the requested variance seems to be more of an afterthought. He would not be in favor of granting the variance requested because something very nice could be built on this property without a variance. Kluchka asked Grimes to give an update ofthe Supreme Court ruling regarding variances. Grimes explained that the Su:preme Court ruling is in regard to the Zoning Code requirements. The variance;being cequested for this proposal is a variance from the Subdivision Code. Kluchka asked about the timeframe for the project and if the houses are being built on "spec" and where the demand is coming from. Knaeble said he hopes to have the plat finalized by the end of May or the beginning of June and depending on the market, two or three of the homes may start construction this summer. Grimes added that if the market is not there, the land will'just sit as is. Knaeble agreed and said he would be responsible for maintaining the property: He added that these lots will be sold to families who want to build houses using their own builder; they will not be building "spec" homes. Kisch asked Knaeble if he has thought about covenants or restrictive deeds regarding fences and the pond. Knaeble said they have considered restrictive deeds regarding fences and the pond, but he can't guarantee them. Kluchka asked Knaeble if he knew the possible footprint or size of the new homes. Knaeble said they don't have designs for the houses because it will depend on what the homeowners decide to build. He explained that whatever is built will meet the Zoning Code requirements and he would expect that the quality of the new homes to meet or exceed the homes in the area. Minutes of the Golden Valley Planning Commission March 15, 2012 Page 9 Waidhauser asked how much space there would be between the homes on Lots 2 and 3. Knaeble said there would be a minimum of 25 feet between the homes on Lots 2 and 3. Waldhauser asked if there will be enough room to allow for a larger setback if the homes are taller than 15 feet in height as required. Grimes said yes, if the homes are taller than 15 feet the side yard setback requirements will increase. Segelbaum asked Knaeble to comment on the Iot sizes. Knaeble said the average lat size for the whole development is approximately one-half acre which exceeds the neighborhood average. He added that he would not expect that it would be feasible to further split these lots in the future. Kluchka referred to the residents' comments about the goals and objectives in the Comprehensive Plan. Waldhauser said she thinks any paragraph or sentence in the Comprehensive Plan could be interpreted a number of ways. Kisch agreed and said the Comprehensive Plan guides decisions and has vision statements #hat the City hopes to attain, but the City still has to follow its ordinances and codes. Waldhauser stated that many homeowners are not interested in having large lots. They want nice homes on smaller lots. Schmidgall agreed that the Comprehensive Plan is intended;to guide or inform. He said he wants these proposed new homes to be attractive to families wanting to move into Golden Valley and they provide opportunity for the kinds`of goals and objectives mentioned in the Comprehensive Plan. H� said he is in favor of supporting this proposal. Kisch stated that the City really can't deny subdiVisions that conform to the requirements. He said he doesn't think the requested variance is needed because the homes can be of great quality and conform to the requirements without the need for a variance. He also said he would like to strongly encourage restrictions on fences. Segelbaum said he agrees that the City doesn't have much right to deny this proposal. He said he thinks it wauld be difficult to further subdivide Lot 4 in the future. He added that he would be in favor;of granting the requested variance because moving the house on Lot 3 further away from the pond,would create a safer environment and would make ifi less prone to flooding. Grimes agreed that these lots would be very difficult to subdivide any further. Waldhau$er stated that compliance with the normal lot regulations in this case isn't an issue. She`s�id she doesn't have concerns about granting the requested variance because there will be net improvements as a result, but she wou�d like to separate the issues into two votes. She said she feels confident there will be beautiful homes built on the property. She referred to a question regarding how many more infill opportunities there are in the area and said she doesn't think there are a lot of opportunities left. Minutes of the Golden Valley Pianning Commission March 15, 2012 Page 10 MOVED by Cera, seconded by McCarty and motion carried unanimously to recommend approval of the subdivision request with the following conditions: 1. No variances from the lot size requirements shall be granted. 2. Deed restrictions regarding fences will be strongly encouraged. 3. Covenants regarding the ownership and maintenance of the pond will be strongly encouraged. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 5. A park dedication fee of$4,885.90 shall be paid before final plat approvai. 6. The City Engineer's memorandum, dated March 7, 2012 shall become part of this approval. 7. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 8. All applicable City permits shaH be obtained prior to the development of the new lots. Knaeble asked if he could also get a recommendation regarding the �uffer strip around the pond. Kluchka said he doesn't feel the buffer strip issue is wi�hin the Planning Commission's purview. Grimes stated that staff will have further discussion with the applicant regarding best management practices for"buffer s#rips around ponds. Cera suggested that the setback requirement from the wetland area be 30 feet rather than 25 feet on Lot 3. Kisch asked the applicant if he would be open to the idea of a larger setback from the wetland area. Knaeble said he would not be open to that idea, but he would be open to shifting Lot 3, in its entirety 5 feet further north. MOVED by Segelbaum, second�d by Waldhauser and motion carried 5 to 2 ta recommend approval of the subdivision request with the following conditions:. 4. A variance allowing Lot 2 to be 9� feet (rather than 100 feet) in width along Meadow Lane shall be granted. _ 5. Deed restrictions regarding fences will be strongly encouraged. 6. The setback requirement from the wetland area on all lots shall be 30 feet. 7. Cavenants regarding`the pond will be strongly encouraged. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 5. A park dedication fee of$4,885.90 shall be paid before final plat approval. 6. The City Engineer's memorandum, dated March 7, 2012 shall become part of this approval, 7. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 8. All applicable City permits shall be obtained prior to the development of the new lots. --Short Recess-- GOLD�N VALL�Y LAND COMPANY 6001 Glenwood Ave. Golden Valley, MN 55422 March 26, 2012 Mark Grimes City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Re: Variance Request Meadow Woods Minor Subdivision Golden Valley, MN Dear Mark: As we discussed, we are requesting a small optional variance as part of our Minor Subdivision application for this site. If this variance request is not approved by the City Council, we will proceed with the Minor Subdivision approval without the variance. As shown on our attached Sheet 3A (dated 3/26/12) and the two Variance Exhibits, we are showing a 95' wide lot for Lot 2 (vs the required 100' lot width for a corner lot). While not necessary for our four lot Minor Subdivision application, this small variance would have a large positive impact on the layout of the project: * The variance would allow the potential for the new home on Lot 3, or a portion of the new home, to be further away from the pond/wetland to the south (the minimum wetland setback is 25'). This additianal potential house/pond separation would help to maintain the current beautiful pond/wetland viewshed for the neighborhood. This additional home siting flexibility always leads to better articulated architectural house designs. * The variance would allow more balanced buildable lot pad widths for Lots 2 and 3. The variance would allow the house pad sizes on Lots 2 and 3 to be 47.5' and 37' (vs. 50' and 32' for the non-variance plan). This would allow the two new homes to be more uniform in size and better fit in with the existing homes in the neighborhood. Per Section 12.54 of the City Code, we are requesting this variance based on finding that all of the following conditions for a variance do exist: 1. There are special circumstances for this property that create an unusual hardship for this project. Due to the location of the existing pond on the property, and the City's 25 foot pond/wetland setback requirement, the strict application of the zoning code provisions would create a relatively narrow pad on Lot 3. The proposed small fiv� foot variance request allows the pad size on Lot 3 to be 5' wider, and also allows for more equal pad sizes on Lots 2 and 3. 2. This variance is necessary for the preservation and enjoyment of a substantial properiy right of the petitioner. The more balanced house pad widths for Lots 2 and 3 would provide a more reasonable use of the land. 3. The granting of this small variance will not be detrimental to the public welfare or the other property in the neighborhood. In fact, the proposed new homes on Lots 2 and 3 would be more equal in size and would provide a more pleasing streetscape for the existing neighborhood, versus the potential to have a larger home on Lot 2 and a smaller home constructed on Lot 3. The Planning Commission recommended approval of this variance, but with the additional requirement that the pond/wetland setback be increased to 30 feet. We would not support this added condition because it would not allow the more balanced home/pad widths as described above. If granted, this small variance would not alter the essential character of the neighborhood since the proposed four lot Minor Subdivision would accur with or without this proposed variance. We appreciated you consideration of this variance. If you have any questions, please call me at 612-309-9215. Sincerely, �ef� �. ��ae�ee Peter J. Knaeble Golden Valley Land Company Ct��7 Q� F�,� „ ��C��Yt � �t�,. �,,'� Planning Department 763-593-8095/763-593-8109(fax) Date: March 8, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing: Minor Subdivision of Property at 15 Meadow Lane Matt Pavek, Golden Valley Land Co., Applicant Summary of Request Matt Pavek, Golden Valley Land Co., is proposing to subdivide the property located at 15 Meadow Lane into four separate lots. The existing home on the property, as well as the pond, would remain. City Code requires that each new lot meet the required 10,000 square foot minimum lot size standard set forth by the Zoning Code. The developer has submitted two possible site plans for the property. Sheet number three,titled "Alterna�e Site Plan" is the developer's preferred lot configuration. For this proposal, the lot area measurements are: • Lot 1—28,483 sq. ft. • Lot 2—11,324 sq. ft. • Lot 3—13,347 sq. ft. • Lot 4—38,743 sq. ft. City code also requires that at least 80 feet of width exists at the front setback line of any newly established interior lot, and 100 feet of width exists at the font setback line of any newly established corner lot. All of the proposed lots exceed City requirements, with the exception of Lot 2, which would measure 90 feet along the east front setback. The developer is requesting a variance to the Subdivision Code to allow for a shorter property line along Meadow lane for lot 2. This would enable the home on Lot 3 to be located further to the north and a longer distance away from the pond. Setback boundaries (building envelopes) of the proposed lots would allow standard-sized homes to be constructed without variances to the Zoning Code. Qualification as a Minor Subdivision The proposed four lot subdivision quali�es as a minor subdivision because the property located at 15 Meadow Lane is part of a recorded plat. In addition,this proposed subdivision will produce four lots and will not create need for public improvements, such as street construction. The applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of Minor Subdivision Staff has evaluated this lot subdivision request as a minor subdivision. As previously indicated,this request creates four total lots, each of which exceeding the minimum lot requirements in the R-1 Single Family Residential Zoning District. The applicant has submitted a survey for the effected property prior to subdivision, as well as renderings of proposed setback boundaries and lot layout following lot division. These documents provide the City with information necessary to evaluate the minor subdivision. All documents indicate the preservation of the existing home. City Engineer Jeff Oliver, PE, has submitted a memorandum dated March 7, 2012 regarding recommendations from the Public Works Department concerning this request. A copy of the Public Works Department memorandum is attached to this report. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations,the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district.The four proposed lots will meet the requirements set forth by the R1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.The City Engineer has determined that the proposed lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots.A developer would be required to submit detailed plans regarding the proposed sewer and water locations at the time building permits are applied for. Utility connections are available in this area. 4. Approval of the minor subdivision may require the granting of certain easements to the City. The final plat must show all necessary easements as required by the City Engineer and City ordinances. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. Hennepin County holds jurisdiction of Glenwood Avenue (County State Aid Highway 40j. The County has been made aware of this proposal. No driveways are proposed to connect to Glenwood Avenue. 6. The City may ask for review of title if required by the City Attorney regarding the dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. In this case, a park dedication fee of$4,885.90 will need to be paid prior to final plat approval. Recommended Action Staff recommends that the Planning Commission declare the following: The Planning Commission finds that the Minor Subdivision proposal at 15 Meadow Lane meets criteria established in City Code Section 12.50, and therefore recommends approval of the petition subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$4,885.90 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 7, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. Further, the Planning Commission finds that; • The proposed Lot 2 measures 90 feet in width along the east front setback line. • Section 12.20, Subdivision 5(B) of City Code requires that corner lots measure at least 20 feet greater in width than interior lots, thereby requiring Lot 2 to measure 100 feet in width along the east front setback line. • Reducing the lot width requirement by 10 feet enables homes to be constructed further away from the onsite pond. Therefore,the Planning Commission recommends approval of a waiver to Section 12.20, Subdivision 5(B) of City Code allowing Lot 2 to have a 90 foot width along the east front setback line. Attachments: Location Map (1 page) Memorandum from City Engineer Jeff Oliver dated March 7, 2012 (5 pages) Site Plans (8 pages) f,'1�;11 C'�� �`g . r ,• ��`�.������� �� ��.. . � �� ����i.�i�'c���� �'� a����t �'' .i c� �a 763•593-8030/763-593-398$(fax} Date: March 8, 2012 To: Mark Grimes, Director of Planning and Development From: Jefif Oliver, PE, City Engineer Eric Eckman, Public Works S ' t Subject: Subdivision Review for Meadow Woods{15 Meadow Lane Narth)—SU08-10 Public Works stafF has reviewed the proposed minor subdivision of property at 15 Meadow Lane North called Meadow Woods.The proposed subdivision, located in the narthwest corner of the intersection of Meadow Lane North and Glenwood Avenue,consists of dividing the property into four iots.There is an existing home on the property that will remain an Lot 1, and the existing garage will be demolished on Lat 4. Site Plan and Access: The existing home has a long driveway with access onto Meadow Lane North. According to the plans,the driveway for Lot 1 will be rerouted with a new acces5 constructed on Leber Lane. Driveway access for Lots 2, 3, and 4 wiil be on Meadow Lane.There is a City-owned, modular bEock retaining wall along Leber Lane adjacent to Lats 1 and 2.The City`s Right-of-Way Managemen# Permit is required for construction of the driveways and any modification to the City's retaining wall. Preliminarv Piet: 7he existing property is within the Massolt Gardens plat, as recarded in 1918. Partions of the plat have since been replatted, streets have been vacated, and remnant lots like this property stiH remain. Hennepin County recards show a street vacation (Document 1933329) along the western 25 feet of the property.The developer must provide this document to the City prior to final platting. The existing right-of-way width af Gienwood Avenue is 66 feet.The City's current Subdivision Ordinance requires 80 to 100 feet of street right-of-way width far minor and major arterials. Gfenwood Avenue is a minor arte�ial. A totai of 14 feet of right-of-way is needed, 7 feet on each side of Glenwood Avenue,to fulfift this requirement.The preliminary plat for Meadow Waods shows a dedication of 7 feet of additional right-of-way adjacent to Glenwood Avenue,thus G:ldevelopments-PrivatelMeadow Woods-15 Meadow Ln N�Meadow Woods-subdivision review.docx meeting the requirement. Because this development is iocated adjacent to a county road right- of-way,this preliminary plat review is subject to the review and comment of Hennepin County staff. There is an existing wetland on the prvperty that, upon platting,will be situated on Lots 1, 3, and 4. An oversized drainage and utility easement is proposed araund the wetlancf.7his oversized easement must be a minimum 10 feet from the delineated wetland edge in order to accommodate a 10-foot vegetative buffer strip. The buffer requirement is discussed in more detail in the stormwater management section ofthis memorandum. All other drainage and utility easements shown in the preliminary plat meet the Subdivision Ordinance. Specia�Assessments: Leber Lane and Meadow Lane North were reconstructed as part ofthe 2002 Pavement Managemer►t Project. Because this parcel had the potential ta be subdivided,the special assessment roll for the project included one levied assessment and$7,475 in deferred specia) assessments. The deferred special assessment must be paid prior to forwarding the final plat to the City Council for its approval. Pretiminarv_Utilitv Plan: The existing City sanitary sewer and water systems providing service to this prvperty have adequate capacity for the proposed development. City records indicate the existing home is on a weN and is not connected to City water, and#hat the existing sanitary sewer service is located on Leber Lane.Therefore,the existing home an Lot 1 will be required to connect ta City water and the three new lots will require the installation of new water and sewer services at the time of home construction. The developer has demonstrated that extension of these services to each tat is passible as shown on the utility plan. 7he insta(lation of these services will require open cutting Meadow Lane, �eber Lane, and Glenwood Avenue. The developer will be required to obtain the appropriate sewer and water permits, and City Right-of-Way Manag�ment Permits for the installation of u#ility services. In addition, Hennepin County wit) require a permit to obstruct traffic and excavate Glenwood Avenue. The existing hame received a Certificate of Inflow and Infiltration Compliance on July 12, 2007, and therefore is in compliance with the City's Inflow and Infiltration Ordinance. The developer or contractor working on the three new homes will neeci to abtain Point of 5ale permits, complete the required inspections, and achieve compliance with the City's Inflow and Infiltration �rdinance prior to occupancy of#he homes. G:1Developments-P�ivatelMeadow Woods-15 Meadow Ln NWleadow Woods-subdivision review.docx 2 Stormwater Mana�ement and Gradin�: This deveiopment is within the Main Stem sub-district of the Bassett Creek watershed and therefore is subject to the review of the Bassett Creek Watershed Management Commission (BCWMC). Based upon the size of the deveiopment, no permanent stormwater quality treatment facilities are required. However, a!I temporary and permanent erosion and sedirnent control measures and best rnanagement practices should be shown on the stormwater management plan forthe developmen#. According to the Grading and Erosion Contra) Plan submitted, ail lots will be custom graded by the buiider at the time of home construction.A City Starmwater Management Permit will be required for each lafi befare the start of construction.A stormwater management plan that meets City standards is required as part of each permit submittal. it appears there is a wetland on the praperty being deveioped and therefore the Wetland Conservation Act will apply.7he City of Golden Valley is the Iocal government unit respansible for administratian of the Wetland Conservation Act.The developer has submitted a wetiand report for the boundary and type of wetland, and filed a Notice of Applicatian which is currently in the 15-day review and comment period.Accarding to the grading plan submitted,there are no proposed impacts to the wetfand. Nowever, each stormwater mana�ement permit and plan should show adequate protection ofthe wetland, and care should be taken during construction to ensure that the wetland is clearly marked and protected at ali times. The preliminary utility plan shows that the water elevation of the existing wetland is controlled by a 12-inch reinforced concrete pipe.The pipe provides draina�e from the wetland east into the Cit�s storm sewer system. City records indicate that the pipe is a 15-inch corrugated metal pipe which is privately owned and maintained. An outlet control skimmer structure with a submerged pipe and overflow grate, per City standard detail, must be instaUed on the pipe exiting the wetiand.An inspection of the pipe will be required to determine if the material, size, and canditian meet City standards. lf it is determined that the pipe does not meet City standarcls,the developer will need to construct a new pipe. Upon finaJ piat approval, the City will assume permanent ownership and maintenance responsibi(ity of the storm sewer pipe. .In addition to the stormwater requirements discussed above,the City's Stormwater Management Ordinance outlines the follawing general performance standards that apply to this development and must be incarporated into the finai plans: 1. Lowest Fioor Elevation -The lowest flaor elevation of new principal and accessvry structures on �ots 3 and 4 must be at least 2 feet above the calculated high water level of the wetland. The developer has submi#ted calculations and has based the lowest floar eievations of the new hames on this information.The grading plan meets this performance standard. Hawever, since the developer has indicated that the lots wi11 be custom gcaded and that plans are subject to change,the builder must ensure that each stormwater management plan subrrtitted meets this�equirement. G:1Deveiopments-PrivatelMeadow Woods-15 Meadow Ln NWleadow Woods-subdivislon review.docx 3 2. Wetland Setback—New principal structures must be setback 25 feet from the delineated wetland edge.The plans submitted are in conformance with this requirement, and the builder must ensure that individual stormwater management plans are also in conformance. 3. Vegetative Wetiand Buffer-The City wifl encourage the developer to create a buffer of native or natural vegetation around the wetland, consistent with the BCWMC's Watershed Management Plan and the City's Surface Water Management Plan.This buffer should be shown and described on the stormwater pian or landscape plan for the development. Tree Preservation Plan: This development is subject to the City's Tree Preservation Ordinance. Because each tot will be custom graded,the project wiil be considered a Single-lot Development in which a separate Tree Preservation Permit will be required far each lot prior to home constructian. The tree preservation plan submitted for review reflects a multi-lot, singie-phase development scenario and therefore will have to be revised and resubmitted. Summarv and Recommendations: Public Works staff recommends approval of the proposed minor subdivision ofthe existing single- farnily lot at 15 Meadow Lane North subject to the comments contained in this review. These comments are summarized as follows: 1. Developer must provide street vacation document#1933329 to the City prior ta final platting. �. The drainage and u#ility easement around the wetland must be a minimum of 10 feet from the delineated wetland edge, as dtscussed above. 3. The deferred special assessment for infrastructure impravements must be paid prior to final plat approval. 4. An outlet controt skimmer structure, per City standard detail, must be installed on the pipe exiting the wetland. Dependin�on the condition of the existing pipe, a new pipe may need to be constructed. 5. The deveioper is encouraged to create a native or natural vegetative buffer around the wet(and and show this information on the plans. f,. 7he tree preservation plan must be revised to reflect Single-lot Development as discussed above. 7. The developer and 6uilder must obtain the appropriate permits priar to developmen#as discussed above. G:1Develapments-PrivatelMeadow Wooqs-15 Meadow Ln MMeadow Woods-subdivision�ev�w.doac 4 Approval is�alsa subject to the comments of other City staff. Please feel free to call me if you have any questions regarding this matter. 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Authorizing Issuance and Sale of: $1,605,000 General Obligation Improvement Bonds, Series 2012A; $725,000 Genera) Obligation Equipment Certificates, Series 2012B; and $6,110,000 Refinancing General Obligation Bonds, Series 2012C Prepared By Sue Virnig, Finance Director Summary The proceeds of the $1,605,000 General Obligation Improvement Bonds, Series 2012A, will finance the non-MSA street and driveway projects included in the 2012 Pavement Management Program. This project has already been approved by the City Council in January 2010. The street improvement bonds will have a term of twenty years. The debt service on these bonds will be repaid from tax levies and special assessments levied against benefited properties as approved on December 13, 2011. The proceeds of the $725,000 General Obligation Equipment Certificates, Series 2012B, will finance equipment included in the 2012-2016 CIP. The equipment certificates will have a term of three years. The debt service on the certificates will be repaid from annual tax levies. The proceeds of the $6,110,000 Refinancing Genera) Obligation Bonds, Series 2012C will refinance the 2005C bonds. Interest rates have lowered and will allow the City to refinance this issue to reduce future interest payments levied. If approved, the sale date of all bond issues will be Tuesday, April 17, 2012 with Councii approval scheduled for that evening. Attachments • Resolution Authorizing Issuance and Sale of$1,605,00�General Obligation Improvement Bonds, Series 2012A (1 page) • Resolution Authorizing Issuance and Sale of$725,000 General Obligation Equipment Certificates, Series 20126 (1 page) • Resolution Authorizing Issuance and Sale of$6,110,000 General Qbligation Equipment Certificates, Series 2012C (1 page) Recommended Action Motion to adopt Resolution Authorizing Issuance and Sale of$1,605,000 General Obligation Improvement Bonds, Series 2012A. Motion to adopt Resolution Authorizing Issuance and Sale of$725,000 General Obligation Equipment Certificates, Series 2012B. Motion to adopt Resolution Authorizing Issuance and Sale of$6,110,000 Refinancing General Obligation Bonds, Series 2012C. Resolution 12-25 April 3, 2Q12 Member introduced the following resolution and moved its adoptian: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the Gity), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 2012A, in the principal amount of $1,605,000 (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475, ta finance improvement projects in the City. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial cansultant to the City, has presented to this Gouncil a form of Terms of Proposal for the Bonds and hereby approved and shall be placed on file by the Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notiee. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Shepard M. Harris, Mayar ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was secanded 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. Resolution 12-26 April 3, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $725,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the City), as follows: SEGTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Equipment Certificates of Indebtedness, Series 2012B, in the principal amount of$725,000 (the Obligations), pursuant ta Minnesata Statutes, Section 412.301 and Chapter 475, to finance various items of capital equipment. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Obligations and hereby approved and shall be placed on file by the Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Obligations and of the sale thereof. Springsted Incorporated is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Obligations on behalf of the City on a competitive basis without requirement of published notice. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Obligations and of taking such action thereon as may be in the best interests of the City. 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 follawing 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. Reso(ution 12-27 � April 3, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $6,11Q,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2012C BE IT RESOLVED by the City Council of the City af Golden Valley, Minnesota (the City), as follows SECTION 1. PURP(7SE. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Refunding Bonds, Series 2012C, in the principal amount of$6,110,000 (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to provide funds to be used, along with other available funds, to refinance on February 1, 2015 (the Refunding), the 2016 through 2025 maturities of the City's General Obligation Improvement Bonds, Series 2005C, dated, as originally issued, as of June 1, 2005. SECTION 2. TERMS OF PROPOSAL. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds and hereby approved and shall be placed on file by the Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal, for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the besf interests of the City. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was secanded 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. C.1��1 �l� Planning Departmenfi 763-593-8095/763-593-8109(fax} Executive Summary For Action Golden Valley City Council Meeting April 3, 2012 "60 Days" Deadline: May 4, 2012 Agenda Item 6. B. Authorization ta Sign Amended PUD Permit-Golden Valley Commons PUD No. 70- Amendment No. 2-Starbucks- 7802 Olson Memorial Highway Prepared By Joe Hogeboom, City Planner Summary NORR Architects, representing Starbucks Coffee Company, has requested a Minor PUD Amendment to allow for the construction of a vestibule at the entrance to its store in the Golden Valley Cvmmons shopping center. The vestibule is part of a larger remodeling project that is planned to take place at this location. PUD No. 70 was approved by the City Council on April 16, 1996 to a(low for construction of the shopping center. Since then, one amendment was obtained in 2006 to allow for the expansion of Doolittles Restaurant. Because Golden Valley Commons is guided by a PUD, all development within the property must be consistent with the PUD permit and the plans attached to the PUQ permit. The current PUD plans do not reflect the proposed vestibule at Starbucks, so they must be amended. Staff has determined that the proposed amendment may be considered as a minor amendment to the PUD. In order to qualify as a minor amendment, the minor amendment has to meet an eight point test. The proposed Golden Valley Commons amendment meets the test. The proposed minor amendment shall not: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. 2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials, 3. Alter significantly the location of buildings, parking areas or roads. 4. Increase or decrease the number of residential dwelling units by more than five percent. 5. Increase the gross floor area of non-residential buildings by mare than three percent or increase the gross floor area of any individual building by more than five percent. 6. Increase the number of stories of any building. 7. Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. 8. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. The City Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Cammission for their input and recommendation. Because of the extremely minor impact of this proposal, staff does not think it necessary to have Planning Commission or public input. The proposed vestibule additian will be 53 square feet in area and approximately 12 feet in height. It will help regulate the interior temperature of the store. A rendering of the proposed addition is attached for your reference. Starbucks will be closed for approximately 21 days during construction. During its closure, Starbucks intends to operate a temporary trailer outside of its store. The trailer will serve beverages, but it will not sell foad or other non-beverage items. Starbucks is working with the Hennepin County Health Department as well as the City's Building and Inspections Department to ensure that the installation and operation of the trailer will be done in a safe and efficient manner. Attachments • Location Map (1 pagej • Site Before and After Photograph (1 page) • Proposed Site Plans (6 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit for the Minor Amendment to PUD No. 70 (Golden Valley Commons) to allow the construction of a 63 square foot vestibule at the entrance of Starbucks Coffee Company. � '� .�Y J�J� ' � �� :I ..,. �'` '''' � \•.��/�' � �� /� � � �� ^ �. 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