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05-07-13 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 7, 2013 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Receipt of 2012 Po(ice Department Annual Report 3-15 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - March 5, 2013 and Council/Manager - 16-24 March 12, 2013 B. Approval of Check Registers: 1. City 25 2. Housing and Redevelopment Authority 26 C. Licenses: 1. Fireworks Permit - Americana Fireworks Display Company for Golden Valley 27 Days Art & Music Festival 2. Fireworks Permit - Pyrotechnic Display, Inc. for Golden Valley Fire Relief 28 Association Street Dance 3. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester 29 Bird American Legion for Golden Valley Days Art & Music Festival 4. Solicitor's License - Fund For The Public Interest 30-32 5. Solicitor's License - DSAI, Inc. d/b/a Grand Cleaners 33-35 6. Rental Property License 36 D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - February 26, 2013 37-40 2. Joint Water Commission - February 6, 2013 41-42 3. Environmental Commission - February 25, 2013 43-44 4. Envision Connection Project Executive Board - February 28, 2013 45-47 5. Bassett Creek Watershed Management Commission - March 21, 2013 48-55 E. Authorization to Extend Fire Relief Association Street Dance Hours 56 F. Proclamation for Arbor Day and Arbor Month 57-59 G. Authorization to Sign Agreement with Hennepin County for Cost Participation in 60-81 Feasibility Study and SRF to Prepare Bikeway Feasibility Study 13-36 3. CONSENT AGENDA - CONTINUED H. Douglas Drive (Medicine Lake Road to TH 55) 82-98 1. Authorization to Sign Agreement with MnDOT for Federal Participation in Right-of-Way Acquisition 13-37 2. Authorization to Purchase 1435, 1605 and 2300 Douglas Drive and 6300 Winsdale Street and 6300 Phoenix Street 13-38 3. Authorization to Sign Agreement with Wilson Development Services LLC for Residential Acquisition and Relocation Services I, Call for Public Hearing - Easement Vacations - Plats of Dahlberg Commerce Center 99-105 PUD #61 and North Wirth Business Center PUD #100 (4200 and 4310 Dahlberg Drive) - 5/21/13 13-39 J. Continued Item -Approval of Plat 13-31 and Authorization to Sign Subdivision 106-114 Development Agreement - Mitchell Addition K. Acceptance of Donations for Electronic Reader Board 13-40 115-116 L. Call for Public Hearing - Covenant Retirement Communities Bonds - 5/21/13 13-41 117-121 M. Authorization to Sign Agreement with Hennepin County for Purchase of Tennis Nets 122-131 4. PUBLIC HEARINGS AND ITEMS 7 PM A. Public Item - Appeal of Board of Zoning Appeals Decision - 1325 Zealand Avenue 132-155 North 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings 1. Executive Session - Stephen and Andrea Dargi vs City of Golden Valley 156 Lawsuit and Condemnation of 2241 Legend Lane (Dargi House) B. Mayor and Council Communications 7. ADJOURNMENT C-t��1 �7� Police Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 1. C. Receipt of 2012 Police Department Annual Report Prepared By Stacy Carlson, Chief of Police Summary Chief Carlson will present an overview of Police Department operations during 2012. Topic areas include crime rates, productivity, community outreach efforts, staffing, budget and oversight boards. Attachments 2012 Police Department Annual Report (12 pages) Recommended Action Motion to receive and file the 2012 Police Department Annual Report. , ._- . s� ��^wt,.. �m a., �-; . _.. .. .. -_ . _. _a ' ':� .. .l . . �. .-�' � ��J"� .� r , ��"�,�'�```* � . . ,_�� ' y �}� a r � r^ � . . D k,�+ .�»�. � . ,�„ � . �`.�.��,�'�&�S�a s � ±... � . � '�. �� s'c;, �.,� - N=c� � . . . � � . . . ,s�- _ r � � t�',��, I � �� . . . :.� yj�¢ � r t *„�,r >u w+, 5 .� .� � °7'YS4y5 , `.4� ��"�' � , ' '��$'Y t % i � : y..�� . �L '�"X -�� x€' >� � � ��> k� U�. - � � ��.� �` ° � ,� :1k i "� a d'i .�d H -.H' ��+• S�. 3 4� d Y J . . � '� �� p� � �� + '��-`�'^� � y� � �,� � � ��., . .. �y» .: t Y`�S �.! . �� ._ +wE Rfy?% F. ` �� " � . . � 5 '`� � a,'�" � �. . ; � a �. .�r �� `'t�� `,s � � � � 1a � �'t(,,�� •->��. � ��q�� 5�,� X ��" .'' �,-� , �a a: �,.. �` < ,,. o- -�`,.� a�% k ��y�� :. � = �� ` 3�� . �� ,�-., Y '4,,�y,�r ,�.,��r`� '�� ,p as. ' ��.� " " { '4 �� 7 �� s�� '��, :.� � g' i t�:� ��;�r#.u+qt#�a��' ' 4 3;�- ��, �> �� , � � � £� � a t ,�, -^�" �,� � � , a,,,. `��°,��"�� - , � . . ;.. . � , � ,. R M.;�"�2 4'-. •. r ..A�� . ..:.. `W - .'i-'. `?� . ;�.� '�. .. . * �,�_ . _ _ _.^ . � ��+� � 1 + t � ..�„ }'� v : � a ks =' �. '4At .w � { ' � b y�53��ti ,�.i��JUfg'''"�-f . . � � " ?�$t`£ na��`f � .. �,# _ ��pOLICE��y r � . . � GOLDEN VALLEY POLICE DEPARTMENT Mission In collaboration with the communiry we serve, members of the Golden Valley Police Department take pride in delivering timely, impartial and professional police services>while reducing crime through prevention education,communiry outreach and criminal justice partnerships. Values Valley Values are the things Golden Valley employees do,put into phrases that are easy to remember when anyone asks,or when we wonder what's important. Six core values,called Valley Values,provide the City of Golden Valley and its employees with the well-being of shared meaning and purpose: Customer Focus Open Communication Positive Attitude Know How Teamwork Work/Life Balance �O Ciry of Golden Valley>2013 Dear Citizens: Another year is in the books,and 2012 proved to be both challenging and rewarding for the Golden Valley Police Department.7he challenges came from an increase in residential burglaries, along with an overall increase in Part ] (serious felonies)crime compared to 2011. Some of the rewards came from the apprehension of several separate burglars caught during in-progress burglaries. Several of these burglars were apprehended because alert neighbors called 911 after seeing suspicious activity in their area. Since 201 l saw record low crime rates,some increase in crime was inevitable in 2012,but our staff continues to strive to keep those numbers low and maintain the safery of our wonderful commwiity. Communiry partnerships have never been more important,and outreach remains one of our top priorities.Again this year,we hosted a Citizen's Academy> Bike Rodeo, Public Safery Open House, Police and Fire in the Parks,Communiry Bike-Along,Night to Unite, Neighborhood Watch meetings,and the Crime-Free Multi-Housing program,just to name a few. It is always a delight to meet communiry members at these events—it certainly reinforces what a great group of residents we have in Golden Valley,as well as reminds us we have more commonalities than dif�erences. Last year marked the first time in Golden Valley history a sitting United States President visited our city. On June 1,2012, President Obama toured the Honeywell facility for several hours.To accommodate his visit, the Golden Valley Police Department was tasked with staffing securiry for both the Honeywell premises and the motorcade route.Through the work of all employees and an additional 40+law enforcement personnel and reserve of�icers from other agencies, the Presidential visit came and went through our city seamlessly,to the delight of hundreds of residents gathered on the nearby streets wairing to catch a glimpse of the passing motorcade. We hope you will take advantage of one of our many public education courses or crime prevention programs.We would love to work with you as you enjoy all the Ciry of Golden Valley has to offer.The door is always open for any questions,concerns,compliments,or suggestions you may have.Thanks for your help in 2012! Sincerely, �^`'�° �''"''"' "� � � Stacy A. Carlson �°x -�,y °- Chief of Police � � �� , � ....� ��S,.A....:..._ � '.x,y"y:;:,a.., \� ° . i, \��v. �;, � ; <.,� '.'�'y� iy e., ,. i� �:. ;�a' � 4. '�) � ' �� +M. . . �"=''r� � � ,�, � ,� M Y �- �. ��., � �� k � . T � M�w � ' . W. , t� . ' . C�a aa . � � "`.:�.a �:; � t ,..#' �,�.�il�r �� w�caw� 'S . �; _. +��-,_— �:, �� a R f ��a �r� � . • _� � �,�- �w�� _ � . Ci,� _ ::� � � ,-. � � � `. a a � � � � � �� s.�0 � � ar0 � k �.r0 t� x � �, W �' bAo �' U o o ; z � z V � � a� .., V °� e � � C� x h..Vi �: u" �� O � �•� a E >.-. a� N � p O,w `j � •� +-+ � .� �% `- v y � X �� O z ��"yI z h .� � � � �4 i� ~ � v yb �+�V1 C � �'L'I� z � � � � � � � a� W O � 4 U �' � ^ � � o� N �Z � �, � a o �, a � � o � � k � v � �w°.wx v •� �, �'C,� � > �' a '��' z � z $� z � �n � � �'� A � A� z A� _ __ ROFILE OF POLICE i��--�� OPERATIONS ' � The Golden Valley Police Department(GVPD) is comprised � L _ of several functions that work together to provide qualiry customer service, including 911 response, investigations, and crime prevention.The organizational chart on page 2 `E o_FF;�;; illustrates how the department is structured. � y '!' `y._ .�'OCDEN��P� , I Chief of Police o��` ` j �_� The Chief of Police is responsible for creating an orso*aniza- tional structure most conducive to masimizing resourcrs for effective and excellent delivery of police services to nc� Golden Valley communiry.The Chief must also ensure and maintain a work environment for employees that fosters professional growth,career opportunities, and mentoring. Patrol Division 11ie largest function of the GVPD is assigned to the Patro] Division,which is responsible for handling all 911 and non- emergency calls for police service. Officers respond to all reports of crime and possible crime,medical situations,and reports of animals at large or injured. Investigations Division The Investigations Division reviews all police reports of criminal incidents,and the cases are assigned based on solvabiliry and investigator workload capaciry.The Investigations Division includes an officer assigned to the Northwest Metro Drug Task Force(a collaborative narcotics investigation group staffed by officers from Golden Valley, Plymouth, Robbinsdale, Crystal,New Hope,and Brooklyn Center) and an officer assigned to the Hennepin Counry Violent Of�ender Task Force. After the closing of Sandburg Middle School at the end of the 2009 school year,the Robbinsdale School District moved other programs into the building. Starting with the 2012-2013 school year,an officer spends two hours per school day in the building ensuring safery among students and participants.The school district reimburses the City for these hours. Crime Prevention Unit 171e Crime Prevention Unit coordinates a multitude of communiry and neighborhood meetings;special events such as Minnesota Night to Unite,the Bike Rodeo,and the Public Safery Open House;and public education courses offered on a number of safety and crime topics.This unit conducts regular crime analysis and crime mapping and issues crime alerts relating to crime patterns or specific criminal actions. It also conducts home safety checks and inspects child car seats for proper installation.This year the third Citizen's Academy was held for citizens interested in finding out about the work, equipment, training,and procedures of Golden Valley police officers. Support Staff Support staff serves a critical role in daily police operations, handling all data entry of police reports,documents,and statements as well as data practices requests for police reports. Staff members also answer all non-emergency phone calls, assist with calls involving animals,handle walk-up requests in the building lobby,schedule appointments for fingerprinting requests,and assist officers with administrative issues.7-hrough an agreement with Breck School,funding for a Community Service Officer is provided in exchange for daily traffic control near the school twice per school day. DEPARTMENT PRODUCTIVITY A call for service includes any police response to a 911 call,a non-emergency call that requires a police response,a traf- fic stop,any criminal aaiviry spontaneously witnessed by an of�icer on patrol, any self-initiated of�icer activity,assistance provided to another agency,any walk-in request at the police station that requires officer involvement,or any incident for which an officer is flagged down for help by an individual. Some factors that can affect the number of calls for service include an increase or decrease in the crime rate, or a public campaign encouraging residents to call 9l l when they see something suspicious in the interest of crime prevention. The number of calls for service in 2012 are listed below (2011 and 20l 0 are listed for comparison purposes). 1 ■_ 1 1 1 ., 19,782 17,971 ]9,]66 Of all the calls for service during 2012 (generated either by a 9]1 call or self-initiated by an officer), the four most frequent call rypes were traffic stops,medical emergencies,alarms (residential or business),and suspicious activity/vehicle/person. These were the same most frequent calls for service for 2009>2010,and 2011 as well. Friday was the busiest day of the week for calls for service, followed by lhursday and Monday.The top three hours for calls were 9 am,2 pm,and 10 pm. REPORTED CRIME When looking further into total calls for service,events that are not crimes can be culled to reveal a better understanding of total crime.The figures below represent only the number of actual crimes reported from the total number of calls for service for the year(all misdemeanors,gross misdemeanors,and felonies combined). 1 1 1 1 3>332 2,678 3,162 CRIME BY CATEGORY Crime is categorized by level of seriousness and by the elements of the criminal action.111e lowest level of crimes are misdemeanors,the next most serious are gross misdemeanors,and the most serious are felonies. Further,the FBI collects monthly,quarterly,and annually reported crime from cities across the nation for general public safety,crime trending,and comparative purposes.The eight most serious felonies are the crimes of murder, rape, robbery,assault,burglary, theft,arson, and vehicle theft.The FBI calls these"Part 1" crimes.All other less serious crimes are categorized as "Part 2"crimes.The totals for the Part 1 crimes in Golden Valley are listed below,along with a breakout of crimes by category. Pazt 1 Crime Totals , 1 .__ 1�. 1 1 575 496 527 Part 1 Critne Bv Category �i � � - , . . , .- , . 10 4 106 5 9 417 24 (75 residential, (93 shoplifting, 31 business) 94 from vehicle, 230 other) Pact 2 Crime Totals 1 _ 1 1 1 1,559 1,479 1,610 ARRE S TS During 2012 Golden Valley police officers made 1,413 arrests,a decrease of 16 percent from 2011. Those arrests break down by crime level as follows: � � �t�� . � � � � � - � � 131 arrests 133 arrests 1,081 arrests 68 arrests For more than 20 years Golden Valley has been represented by prosecutors Frank Rondoni and Mark Schneider of the Chestnut Cambronne law firm.While officers work hard to develop strong cases and arrests, those are ultimately only as effective as the prosecution that follows.The Golden Valley Ciry Attorneys work diligently to pursue prosecution against suspects in driving and criminal cases and ensure those perpetrating crimes in our communiry or on our roadways are brought to justice.We are very fortunate to have such a talented and committed legal team working toward the livabiliry and safery interests of Golden Valley. RESPONSE TO CALLS Golden Valley police of�icers pride themselves on providing a prompt and professional response to calls for service.To that end, the GVPD staffs officers at a level assessed to be appropriate to respond to emergenry calis within law enforcement average response time standards.When a 911 call comes into the dispatch center, it is categorized as either a Priority 1,2, or 3—the prioriry level is determined by the nature of the crime or actions described in the 911 call. For instance,a car accident with known or possible injuries or a burglary in progress will be categorized as a Prioriry 1 call—those deemed most in need of an immediate police presence. Other 911 calls with a less serious nature will get coded as a Prioriry 2 or 3, again depending on the circumstances of the incident.A call describing an individual begging for money would be coded as a Prioriry 2,while a call to report a barking dog or to report a crime that happened several days ago would be a Prioriry 3. GVPD response times for 2010-2012 are categorized below. Priority 1 Priority 2 ■ 1�, 1 1 1 1 �■ 1 1 3 minutes 4 minutes 5 minutes 4 minutes 7 minutes 6 minutes Priority 3 �■. � m , 1 1 *The Edina dispatch system does not cadculate our Priority 3 call times in the same manner as our previous system, tbus this figure is an esti- 4 minutes 8 minutes* 5 minures naate>as it is not possible to correpare identically with our older data. TRAFFIC ENFORCEMENT The GVPD places high value on maintaining the safery of our roads and highways,and strong emphasis on traffic enforce- ment and driver education is a main component of our Patrol operations. Educating the public about driver and pedestrian safery has proven to save lives. In 2012 Golden Valley officers made 6,666 traffic stops, issued 3,828 traffic citations,gave 1,991 warnings,were involved in five motor vehicle pursuits,and arrested 158 people for DWI (driving while intoxicated). Of all the traffic citations issued to motorists in 2012 by Golden Valley Police Officers,the top three most frequently cited violations were speeding, no proof of insurance,and expired registration. MEDICAL ASSISTANCE Golden Valley police officers are trained as first responders so as to provide intermediate medical assistance as part of their regular duties.Absent a full-time Fire Department, most suburbs follow this model in rendering medical assistance to citi- zens. During 2012 officers assisted 1,606 people in response to a request relating to a medical issue. _��'�` �' .. COMMUNITY OUTREACH " �`�-�tr t y,�^, Connecting with the community in a wide variety of ways is a high prioriry for the GVPD. ..: � Crime prevention,community meetings,education,and partnerships are part of the foundation ' � ^ _.,� of building a strong police/communiry relationship.The GVPD continually strives to increase collaboration with Golden Valley residents, business owners,and visitors. ��s� Neighborhood Watch "�`�''`- � , GVPD employees conduct monthly crime prevention meetings by geographic/neighborhood ��-- zones to offer safery tips to residents as well as present the latest crime statistics for the respeo- �"'�`� tive zone. Residents are encouraged to form or join a Neighborhood Watch group and work as a � +• � large team to keep their home and neighbors' homes safe by being observant and reporting any ' , °, �` suspicious activiry.7hese meetings serve as a forum for dialogue relating to public safery,Ciry ,I services,statute/ordinance elements,and resource availabiliry.They also offer residents a chance � to meet a number of police officers. In 2012 the GVPD conducted five Neighborhood Watch � "' ' meetings throughout the ciry. ��;,'�" , y _ ;Q�� .- Crime Free Multi-Housing Program Golden Valley is home to a number of multi-housing units, and the GVPD conducts quarterly meetings with the managers and/or owners of apartment complexes.7he purpose of this partnership is to build relationships and offer best practices for rental leases, background screenings,evictions,and nuisance tenants,among other issues. Golden Valley police officers also reach out to youth living in apartment complexes to foster police/youth relationships,encourage school attendance,and reward good school behavior. In 2012 the GVPD held four Apartment Manager/Owners group meetings. Crime Prevention Training For Businesses There are numerous businesses in Golden Valley,and the GVPD holds training sessions for business owners and employees on topics such as premises safery,fraud and forgery,and common business crimes, to name a few. In 2012 the GVPD conducted 16 training sessions for area businesses. CounterAct The GVPD pursues positive police/youth interactions through the CounterAct drug abuse prevention program. Officers taught roughly 100 fifth graders at Noble Elementary and Good Shepherd Elementary about the dangers of drug use and dealing with peer pressure to use drugs or alcohol.The six-session program culminates with a graduation ceremony, includ- ing skits developed by students depicting scenarios of drug/alcohol use and appropriate resistance techniques. Bike Rodeo The annual Bike Rodeo is a collaborative effort with the cities of New Hope � �- - and Crystal. Participants interact with area police officers, receive bike safety �. < tips, and get discounted bike helmet rates.About 467 area youth attended the �- �"�� 2012 event. � o � "�' ' �-" - � ��i� r ,.t � it Open House I � �� 1 . .� -., Each June the Golden Valley Police and Fire Departments host an Open ��"��rir r..a I House and invite the public to tour the building facilities,watch a controlled '*'"'°'� + Y h ��,• ' � '� fire burn,get inside police and fire vehicles,meet police officers and firefight- � '� -_ �..�,, - „ ers,and learn of many police and fire operations and programs. ��,°��,:,<, c 11/�"""r�,r'� . _ Ride-Along Program :,��„�-�� ,��,,,. �,w'�' � The GVPD offers the public the opportuniry to ride along with a police �� officer for part of a shift.This can be arranged in advance and provides a first- ;;.°� ` hand experience about what it is like to be a Golden Valley police officer. Bike Patrol &More Throughout the warmer months officers pedaled their way through more than a hundred hours of bike patrol,which proved to be successful both from a bicycle safery enforcement standpoint and a youth outreach aspect. Police and Fire per- sonnel coordinated many events in Golden Valley parks and apartment complexes,providing pizza and water relief on hot days courtesy of the Fire Department truck hoses.1he connections made with area kids and parents proved to be invaluable in building positive police/youth relationships. For the third consecutive year the GVPD offered a bike-along with two of- ficers that covered many points of interest in the ciry.About 20 residents participated. N � + ,, - A. � ,� !"n...w� �,. � �".'� '„�.,�'r� .,,.: +� '" . _:_..l �. �� . ,� ' `` ..� , ,. , � �. � ,, - � .,��,.� .R - - , , �� - _� �„ , . r* ,� ��,�.. � �Ili` .�" �'�+- " ,:c`�;,�� , . „_. �� ,+i1* :F: .; 1 , « ., �;. \ *,„.. �:,�.. nFr�.Y�p�" 3.�r� :+ � '� , h . r ' ' � u �1� . , .. � � � ^�'f4S� , � � . . ...,. . , „ ,;�.A, . � � . � . r .r w ..- . . . -�y. . ... ,�' . i► ";+ ,, ., � �. l_ ti t� ' -� g °� �„7 �� }' r �\ i, . < _ . ,. � '�" �'��'� 4 � �, ,�� .�` �� , � � ; \ � � ' `a � , - «^ , ,� I . z � , � �. �� ... :- ,e a 's' �. ^'�`�� / � � , � � -,. �� • ;: ' � �. .�..�-�-... . �� .;' , •Q i�' -� .;� ,t-., - y,< � � . �' < _ r .• ;�� . tis' j� K {c" ,:- =-�r� ' � .-, � '� s,� .- . . r „ . . . _�Y... . . ,�,.�.� . ��`��F; 2012 POLICE BUDGET . , - � - � � � � � � � �� Personal Services 6110 Salaries-Regular Employees $2,989,610 6111 Overtime-Regular Employees 141,240 6150 Employee Insurance 466,880 6160 Retirement 280,065 TOTAL Personal Services 3,857,795 Supplies and Services 6320 Operating Supplies 42,800 6324 Clothing 30>500 6327 Range Supplies 12,200 6340 � Professional Services 163,000 6341 Dispatch Services 195,000 6343 Telephone 15,000 6344 Use of Personal Auto 9,045 6382 Contraaual Maintenance 24,725 6390 Rentals 12,150 6411 Conferences and Schools 31,000 6413 Dues and Subscriptions 3,095 6440 Other Contraaual Services 72,200 .�..,� _.._.__.._.._.�__._.._. TOTAL Supplies and Services 605,715 Vehicle Maintenance 7401 Maintenance Charges-Labor 96,000 7402 Maintenance Charges-Parts 36,000 7403 Motor Fuels ]05,990 TOTAL Vehicle Maintenance Charges 237,990 • � ', 1 1 1 2012 GOLDEN VALLEY POLICE STAFFING Administration Police Detectives Police Sergeants Chief Stary Carlson Detective Sergeant Dennis Arons Sergeant Dave Born Patrol Commander Mike Meehan Detective Laura Gould Sergeant Jef�Johnson Operations Commander Nate Gove Deteaive Kristin Hoefling Sergeant Steve Johnson Detective Dave Kuhnly Sergeant Mark Persons Administrative Assistants Detective Dan Pacholke Sergeant Jim Roberts Stacie Budig Detective Dave Larson Sergeant Jason Sturgis Amanda Johnson Nan�y stebe Police OH'icers Police Reserve Officers Officer Matt Boelter Kyle Anderson Community Service Officer Tom Buffie David Killeen Officers (CSO) Officer Lance Evans LeeAnn Lasho Dana Bokusky Officer Dan Feldman Trent Prince Shawn Eberle Officer Scott Goebel Ryan Ranallo Janna Grassel Officer Mario Hernandez Shawn Rydell Phil Ozmun Officer Randy Mahlen Brad Soderling Scott Peterson Officer Ryan Matthew Andrew Zappa Andrew Zappa Officer Jennifer Sleavin Officer Terry Sleavin Resignations Crime Analyst and Support Officer Christine Sloat Steven Blaha, Community Service Services Supervisor Officer David Staaf Of�icer Joanne Paul Officer Kyle Toavs Officer Dan Wilcox Officer Rob Zarrett OVERSIGHT BOARDS Civil Service Commission Crime Prevention Fund 111e Golden Valley Police Department uses a Civil Service The Crime Prevention Fund,which is managed by a structure for specific positions relating to personnel.A nine-member board of directors,establishes and oversees three-member Civil Service Commission meets periodi- a reward fund for specific Golden Valley crimes. It also cally to discuss and review requests for approval relating funds a number of community crime prevention and to a variery of personnel issues,including hiring processes, outreach initiatives via a budget funded by public and promotional processes,and other police human resource corporate donations. issues. Nancy Azzam Paul Haun Gloria Kumagai Harriet Betzold Jennifer Moreen Ben Peterson Mark Friederichs Judy Mustard Marshall Tanick Georgia Goodwin Hilvie Ostrow Rhonda Hammons Ralph Schulz .'kM� F �� 9. i � ,� , .-�� 1 . . .t .� , ' j. '� 'i" .. 4$. _ e ..� . e :.: i ._ .. , .. � � � ...c �a , � V. �i ��, ,� :�` '� f 'f ; `; � �;�� "� n� a�. ,� �� '�' �� j� :;fi x,t :�� t * ;'�� 3 �;`. �� S P E C IAL T HAN KS The Golden Valley Police Department would like to thank the residents and business owners of Golden Valley for being partners in ensuring the public safery of Golden Valley. Our thanks and appreciation also go to the many private and corporate donors of our communiry initiatives, and to the countless volunteers who donate the gift of time to the Ciry of Golden Valley. Lastly, thanks to the Hennepin County Sherif�'s Office far crime lab and patrol services,the Minnesota State Patrol,and the Minneapolis, St Louis Park, Edina>Plymouth,Robbinsdale, Crystal, and New Hope Police Departments for assistance throughout the year. Y��'e' 'q � � � � �,��. � � � �Pg �� . . w � . _ .� , . . _ v,. ._. ��. �l � ��I�r,II! � i�� r� � �, ' � ' ��'�':,; � ! �� u ._ � ,� `o'��i: � '�� ' ��. �, ��'�� _• � - �.,��- ' " � • �� , ' _,- ' �« � �� z� � ' .. , , , ��;� � '� �� c �i : a ''a`� � �� z. p„ ��-� i��„1�° � a��s�e � i� � r�� ,.� �i�'ft�� ,�` � � � �� , � '� s�' I� ��ry� � � � ��, r;i- 'n .�*at�r`a'r'� � � P� . �� ._� a� � s`�.�. _�; o:„��., ,�� x� . : � ��,.� .,,,.� �` Regular Meeting of the City Council March 5, 2013 Regular Meeting of the City Council Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on March 5, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall; Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Recoqnition of David Spraq, q=Ea�,le Scout Mayor Harris introdueed David Spragg, who recently earned the rank of Eagle Scout. David Spragg and Bill Anderl, former Scoutmaster spoke about the experience of becoming an Eagle Scout. Mayor Harris presented David Spragg with a city mug and pin. The Council congratulated him on his achievement. Certificate of Recoqnition: Robbinsdale School District Debate Students - Andrew Ureviq and Olivia Heusinkveld Mayor Harris introduced Andrew Urevig and Olivia Heusinkveld and presented them with a Certificate of Recognition for their accomplishments during the Minnesota State Debate Tournament. Richard Brynteson, Debate Coach, Mr. Urevig and Ms. Heusinkveld spoke about the Debate Tournament. Mayor Harris presented them with a Certificate of Recognition. The Council congratulated them on their achievement. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of March 5, 2013 as amended: addition of Notification to Council Regarding Exception to Noise Ordinance for the Breck School Project. Regular Meeting of the City Council March 5, 2013 Page 2 Approval of Consent Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of March 5, 2013 as amended: removal of Authorization to Sign Agreement with Bassett Creek Watershed Commission and Minneapolis Park and Recreation Board for Main Stem Restoration - Golden Valley Road to Irving Avenue North, Approval of Human Rights Commission By-Laws, and Authorization to Sign Construction and Special Assessment Agreement with A.K.A.R.E. Companies, LLC; addition of Notification to Council Regarding Exception to Noise Ordinance for the Breck School Project and Agreement with SEH, Inc. for Eldridge Development - PUD #109. Approval of Minutes - Citv Council Meetinq - Januarv 15, 2013 MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the City Council Meeting minutes for January 15, 2013 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *General Business Licenses MOVED by Scanlon, seconded by Clausen and motion carried unanimously to authorize the issuance of the license as recommended by staff. *Therapeutic Massaqe Certificate - Matthew John Bloedel MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Matthew John Bloedel at Massage Envy, 7704 Olson M�morial Highway. *Therapeutic Massaqe Certificate - Bruce Alan Stillman MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the issuance af a therapeutic massage certificate to Bruce Alan Stillman at Massage Envy, 7704 Olson Memorial Highway. *Therapeutic Massaqe Certificate - Lvnsev Elaine Werdel MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the issuance of a therapeutic massage certificate to Lynsey Elaine Werdel at Massage Envy, 7704 Olson Memorial Highway. Regular Meeting of the City Council March 5, 2013 Page 3 *Gambling License Exemption and Waiver of Notice Requirement - School of Enqineerinq and Arts - Parent Teacher Association MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the School of Engineering and Arts - Parent Teacher Association. *Solicitor's License - Clean Water Action MOVED by Scanlon, seconded by Clausen and motion carried unanimousJy to approve the solicitor's license for Clean Water Action. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the minutes as follows: Open Space and Recreation Commission - October 22, 2012 Minneapolis Drinking Water Advisory Baard - December 6, 2012 *Pickup Trucks and Equipment - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimousty to purchase the following trucks through the State of Minnesota truck contracts 54363 and 55058 from Midway Ford Commercial Fleet and Government Sales for a total of$92,819.14: 2013 Ford F150 Super Cab Pickup Truck, 6.5' Box 2013 Ford F350 Regular Cab Pickup Truck, 8' Box 2013 Ford F550 Regular Cab and Chassis 60" Cab to Axle MOVEQ by Scanlon, seconded by Clausen and motion carried unanimously to purchase aluminum utility truck bodies and accessories for the Park and Utility Department through the State of Minnesota truck equipment contract 48605 from Aspen Equipment for a total of$75,497.57. *Skid Loader - Quotes MOVED by Scanlon, seconded by Clausen and motion carried unanimously to purchase a Bobcat T650 compact track loader through the Minnesota Materials Management division from Tri-State Bobcat, Inc. for $42,062.45. Regular Meeting of the City Council March 5, 2013 Page 4 *Letter to Susan Haiqh, Metropolitan Council Chair, and Mike Opat, Hennepin Council Board Chair, Reqardinq the Bottineau Transitwav Minneapolis Park and Recreation Board's Wirth Park Desiqn Team Communitv Meetinp, Open House and Exercise and Response from Susan Haiqh and Mike Opat MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file the letter sent to Susan Haigh, Metropolitan Council Chair, and Mike Opat, Hennepin Council Board Chair, regarding the Bottineau Transitway Minneapolis Park and Recreation Board's Wirth Park Design Team Community Meeting, Open House and Exercise dated February 14, 2013 and the response from Susan Haigh, dated February 26, 2013 and Mike Opat dated February 25, 2013. Authorization to Siqn Aqreement with Bassett Creek Watershed Commission and Minneapolis Park and Recreation Board for Main Stem Restoration - Golden Valley Road to Irvinq Avenue North Mayor Harris requested staff provide an overview of the project. Jeannine Clancy answered questions from the Council. MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the agreement with the Bassett Creek Watershed Commission and Minneapolis Park and Recreation Board for main ten restoration from Golden Valley Road to Irving Avenue North. *Authorization to Temporarilv Restrict Vehicle Parkinq for Run the Valley Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-13 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR RUN THE VALLEY The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Harris, Pentel, Scanlon and Schmidgall; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Second Consideration - Ordinance #494 - Human Riqhts Commission The following ordinance was MOVED by Scanlon, seconded by Clausen: ORDINANCE NO. 494, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Deleting and Replacing in its Entirety Section 2:53: Human Rights Commission Regular Meeting of the City Council March 5, 2013 Page 5 Second Consideration - Ordinance #494 - Human Riqhts Commission - Continued MOVED by Scanlon, seconded by Clausen and motion carried unanimously ta adopt on Second Consideration, Ordinance #494, 2nd Series. The vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Approval of Human Riqhts Commission Bv-Laws Mayor Harris thanked Council Members Pentel and Scanlon for reviewing the by-laws and asked questions about agenda preparation. Council Member Pentel and Scanlon answered questions. Thomas Burt answered questions from the Council. MOVED by Scanlon, seconded by Pentel and motion carried unanimously to approve the Human Rights Commission By-laws. Staff stated that applications are available on the web site for anyone wishing to apply for the Human Rights Commission. *Approval of Full Extension for Filinq of Plat and Submittinq Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Hiqhwav 100 - Duke Realtv, Applicant MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve full extension for filing of final plat and submitting Final PUD Plan Application for The Towers at West End PUD No. 107 to July 14, 2013 because City staff has determined that Duke has demonstrated it is making good faith efforts to work with MCES to locate a lift station for I-GV-461 on The Towers at West End property, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift station, the force main alignment, and all other appurtenances needed for the construction of the 1-GV-461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right ta place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. Regular Meeting of the City Council March 5, 2013 Page 6 *Call for Public Hearinq - Special Assessments - 2013 Pavement Manaqement Proqram -4/3/13 MOVED by Scanlon, seconded by Clausen and motion carried unanimously to call a public hearing for certification of special assessments for Wednesday, April 3, 2013 at 7 pm. Authorization to Siqn Construction and Special Assessment Aqreement with A.K.A.R.E. Companies, LLC and Aqreement with SEH. Inc. for Eldridqe Development - PUD #109 Councif Member Clausen had questions regarding the agreement. Jeannine Clancy and Thomas Burt answered questions from the Council MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign the Construction and Special Assessment Agreement with and A.K.A.R.E. Companies, LLC for the Eldridge Development, PUD #109. MOVED by Clausen, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign the Supplemental Letter Agreement with SEH to provide engineering services for the Eldridge Development, PUD #109 for $39,500. Notification to Council Reqardinq Waivinq Exception to Noise Ordinance - Breck School Proiect MOVED by Scanlon, seconded by Clausen and motion carried unanimously to receive and file Breck's notification and authorize the waiver of the noise ordinance on Sunday, March 10, 2013 from 7 am to 5 pm. Public Hearinq - Ordinance #495 - Final Desiqn Plan Approval - PUD #53 - The Arcata - Amendment#4 - Trammell Crow Companv, Applicant The following ordinance was MOVED by Pentel, seconded by Schmidgall: ORDINANCE NO. 495, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Final Plan of Development The Arcata, P.U.D. No. 53, Amendment 4 Trammell Crow Company, Applicant Joe Hogeboom, City Planner, presented a PowerPoint overview of the project and answered questions from the Council. Jeannine Clancy, Thomas Burt and Allen Barnard answered questions from the Council. Grady Hamilton, Trammell Crow Company, Aaron Roseth and Trace Jacques, ESG Architects reviewed the plan and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council March 5, 2013 Page 7 Public Hearinq - Ordinance #495 - Final Desiqn Plan Approval - PUD #53 - The Arcata - Amendment#4 - Trammell Crow Companv, Applicant - Continued MOVED by Pentel, seconded by Schmidgall and motion carried unanimously to adopt Ordinance #495, 2nd Series as amended: Addition of Condition #9. Authorization of the City Manager or his or her designee to review parking conditions on the site one year after occupancy begins. Upon a roll call vote, the vote was as follows: CLAUSEN -YES HARRIS - YES PENTEL - YES SCANLON - YES SCHMIDGALL - YES Announcements of Meetinqs The next Council/Manager meeting will be held on March 12, 2013 at 6:30 pm. The next City Council meeting will be held on March 19, 2013 at 6:30 pm. A Bassett Creek Watershed Management Commission meeting will be held on March 21, 2013 at 11:30 am. The State of the City will be held on March 22, 2013 at 7:30 am at City Hall. The Beyond the Ribbon Campaign Kick-off Meeting will be held on March 6, 2013 at the Golden Valley VFW. The Caring Youth Awards will be held on March 21, 2013 at 7 pm at the Minnetonka Community Center. Empty Bowls will be held at the Sandburg Learning Center on March 21, 2013 at 4 pm. Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 13, 2013 beginning at 8 am at the Brookview Community Center. Some Council Members may attend the Golden Valley Federated Women's Club Spring Fling on April 27, 2013 at the Sheraton Ridgedale Mavor and Council Communication Mayor Harris stated he sent a condolence card to the Minneapolis Park and Recreation Board on loss of the Park Police Chief. Mayor Harris updated the Council on the legislation for street improvement districts. Mayor Harris updated the Council on the meeting held with communities along a portion of Highway 169 corridor. Adiournment MOVED by Scanlon, seconded by Clausen and motion carried unanimously to adjourn the meeting at 7:36 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes March 12, 2013 Present; Mayor Harris and Council Members, Clausen, Pentel, Scanlon and Schmidgall, City Manager Tom Burt, Finance Director Sue Virnig, City Engineer Jeff Oliver, Public Works Specialist Eric Eckman, Graduate Engineer Eric Seaburg, Bassett Creek Watershed Management Commission Plan Steering Committee Chair Linda Loomis, Environmental Commission Chair Rich Baker and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Counci! Conference Room. Bassett Creek Watershed Management Commission Third Generation Planning Process Linda Loomis was in attendance to facilitate a discussion with the Council regarding their thoughts and ideas relating to water resource management issues. Some of the discussion topics included how people use lakes, streams, ponds and wetlands in their community, what are qualities or indicators of good water bodies, what contributes to water quality, what currently stands in the way of improving water quality and what can the Bassett Creek Watershed Management Commission do to address the barriers. Loomis invited the Council to participate in their on-line survey and to attend a summit on June 13 at Plymauth City Hall at 7 pm. After discussion the Council directed staff to promote the on-line survey and the planning process on the City's website. Environmental Commission Presentation — Proposed Ordinance Amendment— Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and Housing Rich Baker was in attendance to present the Environmental Commission's final report and recommendations regarding revisions to the City Code related to keeping chickens. Baker explained that after hearing several points of view the Commission voted to recommend that the City Council amend the City Code to allow people to keep chickens. He referred to the Commission's report and discussed some of the items in the report including the pros and cons for and against changing the ordinance to allow the keeping of chickens, the proposed permitting process, and setback analysis examples on several different types of lot configurations. The Council discussed the proposed setback requirements and if they should be different than setbacks for other types of accessory structures. They expressed concern that prohibiting chickens within 500 feet of an impaired water body is too restrictive and seems arbitrary. The Council also discussed enforcement issues, property rights and allowing residents to keep other types of animals. After discussion, the consensus of the Council was that a 50-foot setback from a resident's own house seems to be too restrictive, however a 50-foot setback from a neighboring house seems fine. Tom Burt said he would bring the proposed ordinance back to a future Council/Manager meeting along with new maps showing how many additional properties would be allowed to keep chickens if the distance from an impaired water body is less than 500 feet. Council member Scanlon left the meeting. Council/Manager Meeting Minutes March 12, 2013 — Page 2 Urban Agriculture — Definition of Animal Tom Burt stated that the City has received a request from a resident asking the City to consider amending the City Code to allow for beekeeping. As a result he would like the Council to review the definition of animal as it is defined in the City Code and to have a broader discussion addressing urban agriculture. The Council discussed having the City Code better reflect the market place, allowing animals that could be purchased at a pet store such as dogs, cats, fish, reptiles and rabbits. They discussed allowing beekeeping and the consensus was that they would like more information on how other cities handle beekeeping. They suggested having language in City Code refer to which animals are prohibited rather than which animals are allowed. Tom Burt said that staff would rewrite the ordinance and bring it back to a future Council/Manager meeting for review. Outdoor Boilers/Recreational Fires Tom Burt noted that the Council Members have been contacted by a resident expressing concern about recreational fires and using wood as a heat source. He added that the City Code currently prohibits outdoor boilers. The Council discussed the current recreational fire ordinance, how it is enforced and whether more restrictions should be placed on recreational fires such as requiring them to end at a certain time, requiring setbacks from property lines and windows or furnace intakes of neighboring homes and not allowing recreational fires on air quality alert days. After discussion the Council consensus was that they would Iike to see a model ordinance and they would like to have the City Attorney's opinion before reviewing it at a future Council/Manager meeting. July 4 Naturalization Ceremony This item was removed from the agenda. December 2012 General Fund Report and Fund Balance Sue Virnig handed out the General Fund, Fund Balance Analysis sheet and stated that staff is recommending a total of$1,200,000 be transferred out of the general fund as follows: $600,000 for settlement of claim, $30,000 for a citywide survey and communication, $250,000 for the employee retainage fund, $40,000 for a City Hall reader board, $30,000 for PERA increase, $150,000 to the building fund and $100,000 to the equipment replacement fund. The Council agreed with the proposed transfers. Virnig indicated that the resolution would be placed on the agenda of the next regular Council meeting for formal consideration by the Council. The meeting adjourned at 10 pm. Lisa Wittman Administrative Assistant C l��1 �� ,�,� ;v��.:: , � � � Finance Department 763-593-8013/763-593-8109{fax) ;�,,._ .-.�� a . .. Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 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. G��1 fl�� ,. ��,� Finance Department 763-593-8013/763-593-8109(fax) ��_.�`�.��; ��t' �� . Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval 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. �� Fire Department 763 S93 8079/763 593 8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. C. 1. Fireworks Permit-Americana Fireworks Display Company for Golden Valley Days Art & Music Festival Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Americana Fireworks Company has submitted a fireworks permit application requesting approval to discharge aerial fireworks at the Golden Valley Days Art & Music Festival during the evening of Saturday, May 18, 2013 at 9:15 pm. A rain date is set for Sunday, May 19, 2013 at 9:15 pm. The location of the fireworks display will be at the northeast corner of Brookview Park. Americana Fireworks Display Company has indicated that they need to maintain a 420-foot radius to discharge 6-inch aerial display shells. The launch site is in the same location that has been used since 2005. Recommended Action Motion to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at the Golden Valley Days Art & Music Festival on Saturday, May 18, 2013, or on the rain date of Sunday, May 19, 2013. �� Fire Department 763-593-8079/763-593-8098(fax) , Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. C. 2. Fireworks Permit- Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Dance Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Pyrotechnic Display, Inc. has requested permission to discharge aerial fireworks at the Golden Valley Fire Relief Association Street Dance at 10 pm on Saturday,June 22, 2013. The Street Dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. The rain date for the fireworks is 10 pm on Sunday, June 23, 2013. The location for discharging the fireworks is on the Breck School baseball field. Breck School has submitted a letter authorizing the use of their property. The fireworks display company and the Golden Valley Fire Relief Association will be responsible for cleaning up the debris from the fireworks. Recommended Action Motion to approve the fireworks display permit for Pyrotechnic Display, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on Saturday, June 22, 2013, with a rain date of Sunday,June 23, 2013. �� City Administration/Council 763-593-8003/763 593 8109(fax) ry,e , � _ _ Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. C. 3. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Legion for Golden Valley Days Art & Music Festival Prepared By Thomas Burt, City Manager Summary The Golden Valley Days Art & Music Festival continues to grow in its success. This year, as in previous years, the Valley Days Committee has partnered with the Chester Bird American Legion to sell beer on Saturday, May 18, 2013 from 1 to 11 pm at Brookview Park. The sale of beer will be in a fenced area and monitored by American Legion staff. Their staff will check ID's and issue wrist bands to identify people of legal age. The City Code does provide for temporary sales of nonintoxicating malt liquor with Council approval. The American Legion did provide liability insurance naming the City as an additional insured in the amount of$1,000,000. Recommended Action Motion to approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Golden Valley Days Art & Music Festival on Saturday, May 18, 2013 from 1 to 11 pm at Brookview Park. �� , City Adrninistrafiion/Council 763-593-3991 /763-593-8109(fax} Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. C. 4. Solicitor's License- Fund for the Public Interest Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments • Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Fund for the Public Interest. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ ,��'1 7800 Golden Valley Road Number of Persons: �i- Golden Valley, MN 55427 Type of License: Peddler olicitor (circle one) Enclose the sum of$s�for_� (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all th� requirements of said Code necessary for obtaining this license. �L�t�. •�o� � �"�..�l t�. 1 Gl.`T` � t (Business or Individual Name or Organization to be Licensed) �� -- �-� C9 � C� '� �7 (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business l�la�—1�r��; �- (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) � f � f s'�' �i/� ,/�z; � �e�,i �t"e. � `�.5 (Address) Ctr� e. �i S � ,� � � City, State and Zi Code) � � � ��iE " �� Q ( (Telephone Number, including Area Code) NOW, THEREFORE, ��1•� -�,��`�a� hereby makes application for (Applicant Name) period of � �3 through 12/31/�, subject to the conditions and provisions of said City Code. �%�—. (Si ture o pp icant/Principal Officer) scription of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): �G P ��y�, S � v �r�dh � � "��c��..Q,a�e3 T� �`�� j . �-- NOTE: If the products for sale are changed or modified, you must give the City complete infiormation regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: i � .�...� � �.. . �; 3 �. 5�-�r �.j� � �.-- 3� ( - ,��1 - (If more space is needed, attach additional sheets) STATE OF � � ) ) ss. COUNTY OF ��►��t�'`) I, ��Vt� ��G(-S�-. of �.�� s��c�c ��P.��.� (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ture of plicant/Principal Officer) Subscribed and sworn to before me this �G�` day of _ , 20 /�� s��1 1 /� � ' �. :..,.° �� (,�[,�� "` JUDtTH A. t��l.LY (Signature) ��'� ; � �M CooNdaa 8�pt��p�a.St,YOti 11qAlt"� � �� City Administration/Council 763-593-3991 /763-593-$109(fax) �� _�e �� W Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. C. 5. Solicitor's License - DSAI, Inc. d/b/a Grand Cleaners Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products,taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments • Peddler/Solicitor License Application (2 pages) Recommended Action Mation to approve the solicitor's license for DSAI, Inc. d/b/a Grand Cleaners. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION a� TO: Golden Valley City Council Fee Paid: $�3�-°` 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: eddler` Solicitor c e one) � Enclose the sum of$ �S for o� (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. !/��,L /h c. c��A Cr rAl'l p/ �� ,�l� e r� (Business or Individual Name or Organization to be Licensecl) 1'�I�10.y �3� s n ��° �-�� .� �e- �g��.�os (MN Business fD or FEIN (Federal ID) for Business L.icenses) Define Business j7��T o�C .C.O Corporation Proprietorship, P rtnership, Non-Profit, State of Incorporation or Individual) o(� L/� v1�l�li��.e ��y � v e /�o (Address) �� .�u-� �� /D 6 Ci , State and Zip Code) p�l / / � ' J �D � ��-�-� ��c� ��l� �� 7 � (Telephone Number, inclu ' Area Code NOW, THEREFORE, �'�� -- _ hereby makes application for (App icant Name) period of � � through 12/31/%� , subject to the conditions and provisions of said City Code. (Signature of Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): �r �-�r�� ,� � ,� �/ � 1��-��v�y �� `vi��° � , . NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: '.J e h//1�t i l� 6�0-(5.e>'�� 7�l�V��fi� �„�2 y r �Y v-c J�. �J Gr Q .SS/(�F " (°�$/� -7�G - .3 4 B.� (If more space is needed, attach additional sheets) STATE OF ) ) ss. COUNTY OF ) �, �i�!/`f� �n 2�I�/��' of ��/7`� /1�:• q��.� (�yt��o�/��h.�r� (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Signature of Applicant/Principal Officer) Subscribed and sworn to before me this �� day of_�i�_, 20� (Si a r ) � /��r /^`:iu�. �V T 1lYC l � . '�� .- NOtARY PuBUC-b11NNESO�ra ,:x�° My Commtssion Expkes Jan.81.2Q14 �• �.�� Fire Tlepartment 763-593-8079/763-593 8098(fax) � � _..__ .._ _ �;�y : -. $�.n= �� . Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. C. 6. Rental Property License Prepared By Jill Lund, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant and fee of those who have submitted an application for approval for multiple family rental licenses. TRIPLEX #6625 1510 Kelly Drive $ 190.00 Recommended Action Motion to authorize the issuance of license as recommended by staff. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals February 26, 2013 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, February 26, 2013 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, Johnson, Nelson and Planning Commission Representatives McCarty and Waldhauser. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Member Maxwell was absent. I. Approval of Minutes — January 22, 2012 Regular Meeting Boudreau-Landis referred to the sixth paragraph on page three and note that the words "would be" were duplicated in the first sentence. MOVED by McCarty, seconded by Baudreau-Landis and motion carried unanimously to approve the January 22, 2012 minutes with the above noted correction. II. The Petition(s) are: 4505 Sunset Ridge Duc and Jennifer Trinh, Applicants (13-02-03) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) Front Yard Setback Requirements • 6.5 ft. off of the required 35 ft. to a distance of 28.5 ft. at its closest point to the front yard (east) property line. Hogeboom referred to a location map of the property. He explained that the applicant is proposing to build an addition on the east side of the existing house. During the building permit process it was discovered that there is a platted street (Sumac Road) along the east side of the property causing the request to become a variance from front yard setback requirements rather than side yard requirements. He stated that the applicant could have petitioned the City to vacate Sumac Road but the process is longer and more expense. He added that the City hasn't vacated Sumac Road because the homeowners haven't petitioned to have it vacated. He noted that this property received a variance in 2001 to allow a deck in the rear yard to be closer to the pool than allowed. Boudreau-Landis asked if the homeowner would have to buy the land if the street were vacated. Hogeboom explained that the property owners on either side of the platted street would receive half of the property. However, in this case there are utilities there so the City would need to retain an easement over it. Waldhauser asked if the City could vacate the platted street in this case instead of requiring the homeowner to petition for the vacation. Hogeboom stated that without a homeowner petition the City would have to pay the surveying and platting costs involved. Minutes of the Goiden Valley Board of Zoning Appeals February 26, 2013 Page 2 Johnson questioned the application where it states that the size of the addition would need to be reduced to 20 feet in width, rather than the proposed 36 feet in width if the variance isn't approved. Duc Trinh, Applicant, stated that the proposed addition includes a bedroom and without the variance the bedroom would be too small and would have ta be removed from the plans. McCarty said the proposal seems fine, but it is hard to tell without seeing floor plans if the project could be redesigned without the need for a variance. Nelson stated that having two front yards seems to cause problems and in this case the front yard setback along Sumac Drive acts more like a side yard since Sumac Drive hasn't been constructed and is really a "fictitious" street. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. MOVED by Waldhauser, seconded by Johnson and motion carried unanimously to approve the variance request for 6.5 ft. off of the required 35 ft. to a distance of 28.5 ft. at its closest point to the front yard (east) property line 2944 Perry Avenue North Scott Jorpenson, Applicant (13-02-04) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(b) Side Yard Setback Requirements • 7.5 ft. off of the required 12.5 ft. to a distance of 5 ft. at its closest point to the side yard (south) property line. Hogeboom referred to a location map of the property. He explained that the home currently has a one-stall garage that the applicant would like to replace with a two-stall garage. He stated that the existing garage is located almost 15 feet away from the side yard property line so there is not enough room to add a second garage stall without a variance. Nelson asked about the size of a typical finro-stall garage. Hogeboom said 22 x 22 is fairly standard for a two-stall garage. Waldhauser asked if the proposed new garage would be standard in height or if it would be taller. Hogeboom said the height of the proposed garage seems to be standard. Scott Jorgenson, Applicant, explained that they are trying to keep the character and design of the existing home and that the proposed garage would not be taller than a standard garage. Minutes of the Golden Valley Board of Zoning Appeals February 26, 2013 Page 3 Waldhauser asked if the existing garage would be torn down and rebuilt or if a second stall is just being added. Jorgenson stated that the existing garage will be torn down and rebuilt. Waldhauser noted that a portion of the breezeway will be removed asked the applicant if he has considered removing the breezeway entirely so there could be a larger side yard setback area. Jorgenson said he thought removing the breezeway would make the home look out of character. Nelson stated that the board is sympathetic in allowing two-stall garages but noted that the garage being proposed is wider and deeper than a typical garage. Waldhauser noted that the depth of the garage doesn't require a variance. Jorgenson added that the proposed extra depth of the garage helped them get more storage area without changing the character of the front of the house. Boudreau-Landis asked how long the carport has been in place. Jorgenson said he's not sure, but it was there when they purchased the house and he thinks it has been there far a while. Boudreau-Landis asked the applicant if he has talked to the neighboring property owners. Jorgenson said he has talked to his neighbors and they seem pleased and he hasn't heard any concerns. Boudreau-Landis asked if the existing pine tree in front of the parking space would have to be removed. Jorgenson said that the tree should be able to stay. He added that the existing concrete area will stay so there should be no need to remove the pine tree. Johnson asked if the applicant would still need a variance if he were to remove the entire breezeway. Jorgenson said the proposed new garage might fit without needing a variance if the entire breezeway was removed but it would change the whole front of the house. Boudreau-Landis said he thinks a variance would still be required even if the breezeway were removed. Waldhauser agreed but noted that the applicants could also build a smaller garage. Hogeboom added that the breezeway adds articulation to the front fa�ade of the house. Waldhauser stated that there would still be articulation and she's not sure that if the fact that the proposal looks nice is justification for a variance. Boudreau-Landis referred to the criteria that the Board has to consider when granting variances and noted that the proposal is reasonable, the need for a variance is somewhat unique to the property, the need for a variance is not caused by the landowner and the proposal doesn't alter the character of the neighborhood. Waldhauser stated that the need for a variance is caused by the landowner because they want to keep the breezeway. They do have other options like butting the proposed new garage right up the house or making the garage smaller. McCarty agreed there may be other options but said he appreciates that the applicant is proposing to take Minutes of the Golden Valley Board of Zoning Appeals February 26, 2013 Page 4 some space from the existing breezeway for the proposed new garage. He said he understands that a one-stall garage is a hardship and he is supportive of the variance in this case even though the project could possibly be done without a variance. Nelson stated that this variance request is not inconsistent with what the Board has done in other cases. She said she doesn't want to force the homeowners to build something that won't look as nice or function as well. Boudreau-Landis agreed that there may be other options such as a detached garage, which is less than ideal. He said he also appreciates that the applicant has proposed to take away some of the breezeway space for the proposed new garage. Johnson questioned if there are any requirements the Board should consider regarding the proposed golf cart door on the side of the garage. McCarty stated there are requirements regarding paved areas but not about where applicants want to install doors. Jorgenson noted that the paved area going all the way to the property line already exists. Nelson opened the public hearing. Seeing and hearing no one wishing to speak, Nelson closed the public hearing. MOVED by Boudreau-Landis, seconded by McCarty and motion carried 4 ta 1 to approve the variance request for 7.5 ft. off of the required 12.5 ft. to a distance of 5 ft. at its closest point to the side yard (south) property line. Commissioner Waldhauser voted no. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:38 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of February 6, 2013 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:32 p.m. in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Staff Present Tom Mathisen, Director of Public Works/City Engineer, Crystal Randy Kloepper, Utilities Superintendent, Crystal Guy Johnson, Director of Public Works, New Hope Jeannine Clancy, Director of Public Works, Golden Valley Dave Lemke, Utilities Supervisor, Golden Valley Sue Virnig, Finance Director, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Minutes of December 5, 2012 Meetinq MOVED by Norris, seconded by Burt and motion carried unanimously to approve the minutes of the December 5, 2012 meeting as presented. Resolution 13-01 Desiqnatinq Depositories for Joint Water Funds Commissioner Norris introduced the following resolution and moved its adoption: RESOLUTION 13-01 RESOLUTION DESIGNATING DEPOSITORIES FOR JOINT WATER FUNDS The motion for the adoption of the foregoing resolution was seconded by Commissioner Burt and upon a vote being taken thereon, the following voted in favor thereof: Burt and Norris (McDonald absent); and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Resolution 13-02 Makinq Annual Elections for the 2013-2014 Insurance Policv Commissioner Norris introduced the following resolution and moved its adoption: RESOLUTION 13-02 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2013-2014 INSURANCE PQLICY The motion for the adoption of the foregoing resolution was seconded by Commissioner Burt and upon a vote being taken thereon, the following voted in favor thereof: Burt and Norris (McDanald absent); and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Joint Water Commission February 6, 2013 Page 2 of 2 2012 MMKR Audit Contract This item was approved at the December 5, 2012 meeting. AWWA Abstract Submittal Reqardinq Modelinq and Testinq Water Interactions Barr Engineering Company submitted an abstract for presentation afi the AVWVA Annual Conference entitled "Modeling and Testing Water Interactions; Gan SurFace Water and Groundwater Co-exist?" This paper is a result of the work Barr performed in evaluating an emergency drinking water supply system of aquifer wells for the JWC. Other Business • Mathisen reported that a County Road 9 project meeting is scheduled at the City of Crystal at 1 pm on Tuesday, February 12. • A Minneapolis Water Advisory Board meeting is scheduled for Thursday, February 7. Next Meetinq The next scheduled meeting is March 6, 2013 at 1:30 pm. Adjournment Chair Burt adjourned the meeting at 1:46 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary H:\boards-commissions\b-c-unapproved minutes-email\2013�wc-02-06-13.doc GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes February 25, 2013 Present: Commissioners Tracy Anderson, Rich Baker, Lynn Gitelis, Dawn Hill, Jim Stremel, Damon Struyk, Debra Yahle; Eric Eckman, Public Works Specialist; Eric Seaburg, Graduate Engineer; and Lisa Nesbitt, Administrative Assistant 1. Call to Order Baker called the meeting to order at 7:00 pm. 2. Approval of Reqular Meetinq Minutes —Januarv 28, 3013 MOVED by Baker, seconded by Gitelis, and the motion carried unanimously to approve the minutes of the January 28, 2013 meeting. 3. Section 10.32 Studv The Commissioners reviewed the draft report summary and ordinance provisions and suggested some corrections/ modifications. A motion to approve the draft ordinance, the report and summary was MOVED by Gitelis and seconded by Dawn. The motion carried by a vote of 6-1 with the opposing vote cast by Anderson. Seaburg will prepare the final report and draft ordinance which will be presented by Baker at the March 12t" Council/Manager meeting. 4. 2013 Citv Survev The Communications staff is working on a city-wide survey that will be conducted in late spring or early summer. Input from the commission was requested. Topics suggested were: • Check the Envision document for survey questions/topics on environment and natural resources • Satisfaction with transit options both within and outside the City • Satisfaction with transportation alternatives • Hausing options/choices • Satisfaction with nature areas in the City (availability, maintenanGe, etc) • One open-ended question similar to: "What would you like to see in the City that isn't already provided?" Other topics that were requested (recycling; solid waste) are currently being addressed by Public Works. 5. 2013 City Council Priorities Eckman reported that the City Council identified their top three priorities, for 2013, at a workshop in early February. They are: • Redevelopment opportunities for the Douglas Drive corridor • Bottineau Transitway • Organized Hauling for a Single Waste Hauler—they have asked staff to looking at the state statutory process Minutes of the Environmental Commission February 25, 2013 Page 2 of 2 6. Proqram/Proiect Updates Summary on-file. 7. Commission Member Council Reports Anderson reported that she met with Council Member Pentel regarding wood smoke and recreational fires. Pentel indicated that the topic will be discussed at an upcoming council/manager meeting. Gitelis reported the solar bill was introduced last week and hearings start Wednesday; there is discussion about clean water at the Capital; the Environmental Congress is meeting on March 15t" in Bloomington. 8. Other Business The March 25 meeting will be cancelled. 9. Adiourn MOVED by Stremel, seconded by Hill, and the motion carried to adjourn. The meeting adjourned at 8:35 pm. The next scheduled meeting will be April 22, 2013 at 7 pm. Lisa Nesbitt Administrative Assistant MINUTES Envision Connection Project Executive Board February 28, 2013 7 pm City Hall Council Conference Room Directors Present: Shep Harris (Chair), Jim Heidelberg, Helene Johnson, Philip Lund, Dean Penk, Mike Schleif, Marshall Tanick (arrived at 8:30 pm) Directors Excused: Lynn Gitelis, Blair Tremere Directors Absent: Sharon Glover, Cindy Inselmann Staff Liaison: Cheryl Weiler, Communications Manager Guest: Tom Burt, Cifiy Manager 1. Call to Order The meeting was called to order at 7 pm without a quorum. Heidelberg asked for an overview of upcoming changes for the Envision Board. Harris explained the City Council wants to formalize operation of the Board, define its budget, and have someone other than the mayor serve as chair. Mayor Harris and Council member Jaanie Clausen will draft bylaws and an ordinance to make the Envision Board a City Commission. After meeting with Board members, they will bring the new bylaws and ordinance to the City Gouncil for approval. Burt said the staff liaison change from Volunteer Coordinator Sandy Werts to Communications Manager Weiler would give Werts, a part-time employee, more time to focus on building the City's volunteer services program. 2. Approval of Agenda Motion: Schleif moved to approve the Agenda as written. The motion was seconded by Lund and approved unanimously. 3. Approval of November 15, 2012 Minutes Motion: It was moved by Penk and seconded by Heidelberg to approve the minutes as written. Motion carried. 4. Old Business None. 5. Reports and Updates Bridge Builders Discussion centered around scheduling the next Bridge Builders quarterly meeting, possibly for March 16 or 23 at MnDOT in Golden Valley, with a 10 am meeting followed by a tour. Past meetings have always included updates by Bridge Builder groups fo!lowed by a tour to show off Golden Valley's various amenities. Topics for the next meeting would include how to get more youth involved in Bridge Builders. Lund offered to chair April 20 Bridge Builders event. Harris introduced the idea of getting Bridge Builders involved in the Beyond The Yellow Ribbon campaign, in which Golden Valley is planning to partner with Crystal, Robbinsdale, and New Hope to provide help to veterans and their families. Harris will report back to the Envision Board after attending the March 6 Yellow Ribbon meeting. One possibility is to ask the old 125th Anniversary Committee to take responsibility for Golden Valley's Beyond the Yellow Ribbon campaign efforts. While considering ways to promote Bridge Builders and the quarterly meetings, the Board discussed putting together a structure for future quarterly meetings as well as a calendar, then decided a March meeting wouldn't leave enough time from promotion. Motion: Moved by Harris, seconded by Penk, to have Penk schedule the next Bridge Builders quarterly meeting for April 20 and contact the City for help with promotion. Envision Award A subcommittee of Lund, Penk, and Heidelberg met at 6:30 pm to discuss and approve nomination of Kristine Frey and Leslie Hendricks, founders of Market in the Valley, for a Visi Award, to be presented at a March or April City Council meeting. Motion: Moved by Schleif, seconded by Johnson, approved unanimously that Lund will contact nominees and present the award at the Council meeting. There was a general consensus to nominate Trees for Tyrol for the next Visi Award. Ice Cream Social Heidelberg will contact City Recreation Supervisor Andy Soltvedt regarding dates for the John Philip Sousa concert and report to the Board in March. Board members discussed the need for more signs to promote the Ice Cream Social as well as strategic placement. They also considered the idea of getting more permanent banners or sandwich boards to promote the event. Weiler will work with Board members replace lost signs and get pricing on banners and sandwich boards. Lilac Plantinq Lund reported for the Lilac Committee. Planting location for 2013 will be the cloverleaf of the Hwy 55/Hwy 169 south interchange. Planting date is set for September 28, 2013. Hall of Fame The board discussed standards for the Hall of Fame; who will make selections and when; when and where to present the recognition; and whether the process should be more selective. Penk, Tremere, and Tanick will invite original Hall of Fame committee members to the March 21 Envision Board meeting to discuss the process and nominees. The Hall of Fame recognition event is scheduled for Friday, May 17, the day before Golden Valley Days. Motion: Moved by Johnson, seconded by Heidelberg, approved unanimously that the Envision Board will work with the former 125th Anniversary Hall of Fame committee to lead the process this year. The Envision Board will re-evaluate going forward. 6. Communications Memorial Day Proqram Harris gave an overview of a Memorial Day program planned by John Giese with help from Gitelis and Mark Lowe. Current plans include a Civil War re-enactment, a band, and flags along Golden Valley Road. Julv 4 Event Harris introduced an idea for a July 4 community engagement event featuring a naturalization ceremony at City Hall. The Board discussed inviting other citizens to attend to renew and/or celebrate their citizenship, as well as how it would be a way to connect cultur�s, which is a Connection Project goal. Harris will explore possibilities and report at the next Board meeting. 7. Other Business Schleif expressed concern about the need to better market and promote stories like Golden Valley Days and Bridge Builders and the need for better search engine optimization on the City website. Heidelberg suggested placing the item on the next Board meeting agenda. 8. Future Meetings The next meeting will be Thursday, March 21, 2013, 7 pm, City Hall Councif Conference Room. 9. Adjournment The meeting adjourned at 9 pm. _..._.._. __....-----._ .. ._..._._. �� Item 4A BCWMC 4-1.8-13 � � Bassett Creek Watershed Management Commission ��iriutes o�th� �:e�ul��Meet��g; M�r+�h 2��2t�1� , ,�E �� Gt�►ld�n V�l�y �it�� 1.1,�'{`1�.�, . ' , �� ,, ��,�',«�, � �,� �� - � ;_°a Commissioners and Staff Present: Crystal Commissioner Dan Johnson Robbinsdale Commissioner Wayne Sicara Golden Valley Commissioner Stacy Hoschka, St. Louis Park Commissioner Jim de Lambert,Vice Treasurer Chair Medicine Commissioner Ted Hoshal, Lake Secretary Administrator Laura Jester Minneapolis Alternate Commissioner Lisa Attorney Charlie LeFevere Goddard Minnetonka Not represented Engineer Karen Chandler New Hope Alternate Commissioner Pat Recorder Amy Herbert Crough Plymouth Commissioner Ginny Black, Chair Technical Advisory Committee (TAC)Members/Other Attendees Present: Mary Anderson,West Metro Water Alliance Linda Loomis, BCWMC Next Generation Plan Steering Committee Chair Derek Asche,TAC, City of Plymouth Tom Mathisen,TAC, City of Crystal Christopher Gise, Resident, City of Golden Valley Jeff Oliver,TAC, City of Golden Valley Dave Hanson, Alternate Commissioner, City of Jenny Schaust,West Metro Water Alliance Golden Valley Todd Hubmer,WSB & Associates, Inc. Liz Stout,TAC, City of Minnetonka Jim Vaughn,TAC, City of St, Louis Park l. CALL TO ORDER AND ROLL CALL On Thursday, March 21,2013, at 11:32 a.m., Chair Black called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC) and asked for roll call to be taken. The cities of Crystal, Medicine Lake,Minnetonka, and Robbinsdale were absent from the roll call. 1 BCWMC March 21, 2013, Meeting Minutes `2. CITIZEN FORUM ON NON=AGENDA ITEMS No citizen input was given. [Commissioner Dan Johnson of Crystal arrives.J 3:AGENllA' Alternate Commissioner Goddard moved to approve the agenda. Commissioner de Lambert seconded the motion. The motion carried unanimously 6-0 [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from vote]. '4. CQNSENT A�ENDA ' Alternate Commissioner Goddard requested that the February 21, 2013, meeting minutes reflect when Commissioner Welch of Minneapolis arrived at that meeting. She said it would make it clear that he assumed voting responsibilities from her for upon his arrival. The Commission agreed to that revision. Alternate Commissioner Goddard moved to approve the Consent Agenda with the clarification in the meeting minutes as described. Commissioner Johnson seconded the motion. The motion carried unanimously 6-0 [Cities of Medicine Lake,Minnetonka, and Robbinsdale absent from vote]. [Commissioner Ted Hoshal of Medicine Lake arrives] [The following items were approved as part of the Consent Agenda: the February 21, 2013, BCWMC meeting minutes, the March Financial Report,payment of the invoices, and Approval of the Contract for the 2013 River Watch Program. The general and construction account balances reported in the March 2013 Financial Report are as follows: Checking Account Balance $755,468.15 TOTAL GENERAL FUND BALANCE $755,468.15 TOTAL CASH &INVESTMENTS ON- $2,914,899.71 HAND (3/13/13) CIP Projects Levied—Budget Remaining ($2,657,033.14) Closed Projects Remaining Balance $257,866.57 2013 Anticipated Tax Levy Revenue $986,000.00 Anticipated Closed Project Balance $1,243,866.57 5. NEW BUSINESS A. West Metro Water Alliance: Updates and Presentation of Educator Program. Jenny Schaust and Mary Anderson of the West Metro Water Alliance(WMWA)described the Watershed PREP program—a program of WMWA to work with teachers to enhance water education. They described the lessons that have 2 BCWMC March 21, 2013, Meetinq Minutes been developed and reported that staff presented the first of those lessons to five schools in the Wayzata school district.Ms. Schaust described the challenges to the program, including getting the message out that the program is free and the fact that the lesson material fits into the state's science curriculum, She described a meeting with the Three Rivers Park District(TRPD) about the program and reported on the positive outcomes of that meeting including an understanding between the entities that the WMWA program won't conflict with the TRPD's programs and making connections with the TRPD. The Commission offered feedback and suggestions about the program. [Commissioner Sicora arrives.J • Commission Communications: Commissioner Hoshal presented a list of upcoming education activities. Administrator Jester reminded the Commission about the WMWA survey from Judie Anderson and requested commissioners to respond and provide their feedback to Ms. Anderson. B. Discuss Administrator's Agenda Memo Format and Use. The Commission indicated that the memo and its format are useful and that the Administrator should continue the practice of preparing the memo and including it in the meeting packet. Administrator Jester said that if anyone has feedback about the memo or format to please provide it to her. C. Discuss 2013 Watershed Tour. The Commission agreed to hold a watershed tour in 2013 and discussed possible dates, deciding to look at having the tour in the month of June after the June 13`h Watershed Summit. Chair Black suggested that the tour visit the entrance of the tunnel and visit the WOMP station. Mr. Oliver commented that there are a few new projects in that area as well. Administrator Jester suggested doing a Doodle poll to determine the tour date. Chair Black asked that a survey via Survey Monkey be sent out to TAC and the Commission to get suggestions for tour stops. She said that Mr. Asche could look into the cost of using the Plymouth Metrolink for the tour transportation. D. Presentation on Draft Feasibility Report. Mr. Hubmer of WSB &Associates, Inc. presented the findings of WSB's Feasibility Report on the Briarwood/Dawnview Water Quality Improvement Project prepared for the City of Golden Valley. He described the five alternatives considered,their costs, benefits, and potential drawbacks. He also reported the anticipated pounds of phosphorous and pounds of total suspended solids that would be removed with each alternative: • Option 1: Construct Stormwater Treatment Manholes/Projected Cost: $403,000 • Option 2: Construct Raingarden/ Projected Cost: $35,000 • Option 3: Constaruct Stormwater retention and treatment pond with dead pool storage/Projected Cost: $190,000 • Option 4: Construct Iron-enhanced filtration system/Projected Cost: $178,000 • Option 5: Construct stormwater retention and treatment pond with dead pool storage and iron- enhanced filtration system/Projected Cost: $235,000 Mr. Hubmer said that WSB recommends option 3 due to its predicted high level of phosphorous removal of 35 pounds per year at a cost of$5,371.43 per pound removed and predicted total suspended solids removal of 21,600 pounds per year at a cost of$9 per pound removed and also due to the fact that the cost of the option fits with the project budget of$180,000. The Commission asked many questions about the presented options including what design method was used 3 BCWMC March 21, 2013, Meeting Minutes to design the ponds, the proposed size of the ponds, the possibility of constructing in the wetland, how the wetland edge was determined, if a splitter is to be used so that flows higher than the designed-for one-inch rainfall bypasses the pond, maintenance costs of the different options, and whether PAHs were considered since they would raise the cost of sediment disposal when the pond needs to be cleaned out. Mr. Hubmer responded to the Commission's questions. Ms. Chandler recommended that the Commission consider option 5 because it removes more pollutants at a lower cost. She asked to hear from the City of Golden Valley on its potential constraints that would cause a short-term cash flow issue that would prevent the larger project, option 5, from being built. Mr. Oliver said that to undertake option 5,the Commission would need to consider using its closed-project funds. He said that due to low bids on recent projects,the City anticipates putting another$200,000 into the closed project fund and there would be enough in that fund to help pay for option 5. There was discussion about the iron-enhanced filtration system technology and what should be considered for the final design. Alternate Commissioner Goddard asked if the cost for the flow splitter was worked into that option's cost.Mr. Hubmer said yes. Commissioner Sicora commented that there are a lot of unknowns about the iron-enhanced filtration system technology in the tong-term and said that if the Commission goes that route,then it should include a maintenance component. Ms. Chandler said that she thinks the Commission should get more information in the feasibility report about the operations and maintenance of option 5 in order to have a better idea of the true costs. Mr. Oliver commented regarding the maintenance costs for option 3, the City wouldn't need to do pond maintenance for 20 to 25 years. He said that his concern with the iron filings technology is that the maintenance needs and costs are unknown. Mr. Oliver said that if the maintenance is periodic, such as every five years,then the City could probably handle it but if the maintenance was more frequent or substantial then the City would need to talk to the Commission about cost sharing. Mr. Hubmer said that the iron should last 20 years, which is the expected life the practice. The Commission further discussed the options and the course of action it could take. Commissioner Sicora moved to accept the report with changes to remove options 1, 2, and 4, so that the report would address only options 3 and 5, with more detail included with option 5. Commissioner Crough seconded the motion. The motion carried unanimously 8-0 [City of Minnetonka absent from vote). Mr. Oliver said that they would start to develop a scope of services and bring back in front of the Commission,but likely not next month. Administrator Jester said that the Commission needs to order the public hearing for its proposed Major Plan Amendment. The Commission ordered the public hearing to be held at the Commission's May 16`h meeting. Ms. Chandler commented that by the May meeting the Commission would have an idea of the maximum project cost of the Briarwood/Dawnview project and would be able to set the Commission's maximum levy request, which Hennepin County requires around that same time. Administrator Jester reported that the Commission received a letter from the Metropolitan Council on the Commission's proposed Major Plan Amendment and that the Met Council had no comments. E. TAC Updates. The Commission set the agenda for the Apri14`h TAC meeting: • Discuss Lakeview Park Pond project; • Discuss process to finalize the XP-SWM model and the P8 model and the method of distributing the information to the Commission; 4 BCWMC March 21, 2013, Meeting Minutes � Discnss improving the CIP budget document; and, • Discuss possible watershed tour stops. The Commission decided that it doesn't need to continue the process of having a Commission liaison attend the TAC meetings but noted that the meetings are open and commissioners can attend anytime. F. Presentation of the 2012 Biotic Index Monitoring Results for Bassett and Plymouth Creeks. Ms. Chandler explained that the 2012 monitoring program included only biological monitoring for Plymouth and Bassett Creeks. She said that in recent years the Commission has been on a three-year cycle of collecting macroinvertebrate data and said that the Commission has collected this type of data since 1980. Ms. Chandler described how macroinvertebrates are an indicator of water quality. She said that for this monitoring program, data is collected at seven sites. She described the two biological indices used to evaluate the water quality of the two creeks: the HBI(Hilsenhoff Biotic Index) and the ICI (Invertebrate Community Index). Ms. Chandler said that Figure 9 in the evaluation report"A Biotic Index Evaluation of Bassett Creek and Plymouth Creek: 2012"by Barr Engineering provides a nice snapshot of what's going on with the creeks according to the monitoring. She said the figure shows that in 2012 there was better water quality at four of the seven sites, especially at the Main Stem site at Rhode Island Avenue, and worse water quality at three of the sites. She noted that at one of the sites there was no water flow and there is a notation that no samples were collected at that site. Ms. Chandler pointed out that the report mentions a new index—the Macroinvertebrate Index of Biological Integrity(MIBI)—that is being developed by the Minnesota Pollution Control Agency(MPCA). The MPCA will use the MIBI to determine if streams are impaired. The Commission discussed impairments of the creeks and potential impairments. Administrator Jester wondered about the sampling protocols being followed and said that there are some protocols that track habitat, which can help correlate the monitoring results. Commissioner Hoshal asked if there is any way to interpret a trend line for the sites, Ms. Chandler said that she will need to ask if trend analysis can be applied to the data. She commented that if the Commission would prefer it,the graph can be separated into seven different graphs, one for each site. Commissioner Hoschka commented that it would be nice to have a graph that provides a snapshot on flow and/or climatic data in order to normalize the monitoring data. She commented that she didn't think enough data points have been captured to do a statistical analysis. Chair Black read aloud the five bullet points on pages 2 and 3 of the evaluation report. The Commission agreed to bullet point number one that the Commission would continue to manage the efforts of Bassett Creek and Plymouth Creek, including installation of BMPs to protect, and, if possible, to improve the water quality of the stream as opportunities become available. The Commission agreed in general to bullet point number two that the Commission will sample all of the stations again in three to five years. The Commission agreed to bullet point number three that it will continue the flow and water quality monitoring from the WOMP Station. Chair Black noted that the Commission has a two-year contract in place with the Met Council for the WOMP work and said that the issue will come up again next year during the Commission's budget process. The Commission discussed bullet points 4 and 5 regarding using the MIBI when it is finalized by the MPCA and applying the MIBI to historical macroinvertebrate data collected by the Commission. Chair Black voiced � her concern about changing indices because it would lead to discontinuous data.The Commission discussed continuing to use the HBI for some time after starting to use the MIBI, Commissioner Hoshal asked if there are any points with the monitoring that the Commission isn't covering but should look into. Administrator Jester said that as part of the plan updating process it would be a good 5 BCWMC March 21, 2013, Meeting Minutes idea for the Commission to look at this issue regarding whether the Commission needs more water quality data. Commissioner Sicora moved to accept the report and the conditions cited in the report. Alternate Commissioner Goddard seconded the motion.The motion carried unanimously 8-0 [City of Minnetonka absent from vote]. G. BWSR Request for Comments on Amendment to Metro Water Management Rules.Ms. Chandler said that the Minnesota Board of Water and Soil Resources (BWSR) sent out a request for comments on the proposed amendments to the 8410 Rules, which are the rules governing metropolitan area local water management. She noted that she and Mr. LeFevere were on the advisory committee far the rules amendments. Ms. Chandler said that her memo in the meeting packet summarizes the proposed amendments and she went through the points in the memo with the Commission. There was extensive discussion on the topic of a proposed requirement that the watershed develop a process for evaluating local plan implementation and for addressing a local unit of government's failure to implement its plan.There was extensive discussion on the topic of the benefit of standardized reporting and the need for guidance from BWSR for such standardization. Chair Black brought up the fact that there is a budget element involved with the proposed rule amendments and said that the process of reporting back to BWSR would be a new cost. Ms. Chandler remarked that it will take a fair amount of discussion in the plan update process to work through the issues raised here. Ms. Chandler said that if the Commission wants to submit comments,they are due in to BWSR by Apri122°a She said that she is hearing that the Commission wants guidance in implementing the new rules. Administratar Jester said that she has comments on the proposed amendments but isn't sure that they represent this body's concerns. The Commission decided not to submit comments, noting that individuals can submit comments on their own if they wish. 6. OLD BUSINESS A. Review Draft Letter to Cities Regarding JPA Amendment. The Commission was satisfied with the draft letter and attached amendment with the insertion that comments are due to Administrator Jester by June 151. The Commission approved sending the letter and the draft amendment to the city manager of each member city and to Lois Eberhart of Minneapolis. B. Approve 2015-2019 Capital Improvement Program. Administrator Jester said that each of the CIP projects now has its own fact sheet. Alternate Commissioner Goddard asked if the cost listed on each fact sheet included the cost of the project's feasibility study. Ms. Chandler said yes, the listed cost is a lump sum cast. Ms. Chandler said that the Commission needs to take action to approve the 2015-2019 CIP and that the Commission needs to decide how it will order the feasibility study for the Main Stem restoration project from 10`"Avenue to Duluth Street. Chair Black said that she would prefer to go to the Engineer Pool to get bids on the feasibility study. Mr. Oliver said that he would prefer that WSB &Associates prepare the feasibility study. There was a discussion about these two options. Mr. LeFevere provided information on how the Commission has handled directing feasibility studies in the past. Chair Black voiced her concerns about awarding the feasibility study to a firm instead of asking the Engineer Pool for bids. Mr. Oliver provided support for his position. Commissioner Hoshal moved to approve the 2015-2019 CIl'. Commissioner de Lambert seconded the 6 BCWMC March 21, 2013, Meeting Minutes motion. The motion carried unanimously 8-0 [City of Minnetonka absent from vote]. The Commission discussed the method of ordering the feasibility study for the project and reached consensus that the City of Golden Valley will manage the project and Commission staff will come back in April with a proposed contract with Golden Valley to reimburse it for the preparation of the feasibility study. C. Receive Update on Next Generation Plan Development.Administrator Jester and Ms. Loomis provided an update on the small group meetings that have occurred and announced the upcaming small group meetings. Ms. Loomis said that BCWMC Deputy Treasurer Sue Virnig suggested that the Commission include as an insert into residents' tax statement information on where the money goes that the watershed collects. Ms. Loomis said that now would be the time to get going on that initiative if the Commission is interested in it. Administrator Jester said that as of Monday there have been 24 surveys completed. Alternate Commissioner Goddard reported on the neighborhood meetings that she and Commissioner Welch attended to announce the March 30`h joint meeting with the Minneapolis Park and Recreation Board,the online survey, and the June 13`h Watershed Summit. Administrator Jester provided an update about the article by Judy Arginteanu and requested using Commission funds to have Ms. Arginteanu help the Commission distribute the article. The Commission approved the request. Administrator Jester announced that the next Plan Steering Committee meeting will be on Monday, March 25`h at Plymouth City Hall. 7. COMMUNICATI4NS A. Administrator i. Administrator Jester noted that her Administrator Report details what she has been working on and is included in the meeting packet. B. Chair: i. Chair Black announced the retirement of Margie Vigoren from the City of Plymouth. C. Commissioners i. Commissioner Hoschka announced that last week she attended the presentation at Barr Engineering Company of MPCA Commissioner John Linc Stine. D. Committees: i. Administrative Services Committee: Commissioner Jim de Lambert, Committee Chair, reported that the Committee met in March and the meeting notes are in the meeting packet. He said that a roles and responsibilities document is in the works and will be brought to the Commission for approval. Commissioner de Lambert said that the Committee will schedule a meeting for April and the Budget Committee also will schedule a meeting for April. The Commission agreed that the meetings could be held back-to-back. E. Legal Counsel; No Legal Communications F. Engineer: i. Ms. Chandler announced that Len Kremer of Barr Engineering will be attending Upper 7 BCWMC March 21, 2013, Meeting Minutes Mississippi Bacteria TMDL Stakeholder meeting. ii. Ms. Chandler reported that that the Commission Engineer will be attending a meeting about the Southwest LRT and said that the project proposes to do work over the double-box culvert. '8. ADJOURNMENT The meeting adjourned at 2:28 p.m. Chair Date Amy Herbert, Recorder Date Secretary Date 8 6+w'YY� 4/� . YI Fire Department 763-593-8079/763 593 8098(fax) Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. E. Authorization to Extend Fire Relief Association Street Dance Hours Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Golden Valley Fire Relief Association is requesting permission to extend the street dance hours until midnight on Saturday, June 22, 2013. The rain date for the fireworks is June 23, 2013 at 10 pm. The street dance and fireworks will be held at the Chester Bird American Legion, 200 North Lilac Drive. Recommended Action Motion to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 22, 2013, with a fireworks rain date of Sunday,June 23, 2013, at 10 pm at the Chester Bird American Legion, 200 North Lilac Drive. ' ��y �� Public Works Department 763-593-8030 I 763 593 3988{fax) Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. F. Proclamation for Arbor Day and Arbor Month Prepared By Jeannine Clancy, Director of Public Works Tim Teynor, Assistant City Forester Summary The City was recently awarded the 2012 Tree City USA Award. It is the 26th consecutive year Golden Valley has received the national recognition. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four standards: 1. Operate a forestry division 2. Have a tree ordinance 3. Manage a comprehensive community forestry program 4. Observe Arbor Day This year's Arbor Day activities will be celebrated with the fourth grade class at the Schoal of Engineering and Arts located at 1751 Kelly Drive on May 15 at 10:30 am. The event will include a short presentation at the school about the value of urban trees. Staff will award prizes to the winners of the Arbor Day poster contest followed by a recitation of the City's Arbor Day Proclamation. The fourth grade class will end the program by planting a tree on school grounds and staff will provide packaged tree seedlings for each of the fourth grade students to take home and plant. Staff has conducted Arbor Day programs at several elementary schools throughout the community in the past. Attachments • Proclamation for Arbor Day- May 15, 2013 and Arbor Month - May 2013 (1 page) Recommended Action Motion to adopt a Proclamation for May 15, 2013 as Arbor Day and May 2013 as Arbor Month in the City of Golden Valley. CITY OF GOLDEN VALLEY PROCLAMATION FOR ARBOR DAY - MAY 15, 2013 AND ARBOR MONTH - MAY 2013 WHEREAS, Golden Valley's urban forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Golden Valley today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, waod for aur homes, fuel for our fires and countless other waod products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts; NOW, THEREFORE, I, Shepard Harris, Mayor of the City of Golden Valley, do hereby proclaim May 15, 2013 as Arbor Day and May as Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley's great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of May 2013. Shepard M. Harris, Mayor �� t�� 4. ,� Public Works Department 763-593-8030/763-593-3988(fax) ��e��.. Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. G. Bassett Creek Regional Trail Feasibility Study Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Engineer Summary Hennepin County established a Bikeway Development Participation Program to support and enhance the bikeway network in Hennepin County. The County offered a grant of 50% contribution up to a maximum of$20,000 for feasibility studies for these trail facilities. Last fall, the City submitted an application to the program to complete a feasibility report for the Bassett Creek Regional Trail route through Golden Valley. This spring,the Hennepin County Board of Commissioners awarded the City the full grant amount. As part of the grant process, the City is required to enter into a Cooperative Agreement with Hennepin County regarding how the funds may be spent. In early 2012, the Three Rivers Park District finalized their Bassett Creek Regional Trail Master Plan, which the City supported in a 2011 resolution. The intent of this feasibility report is to resume where the master plan phase ended.The feasibility work will start this spring and be completed by the end of 2013. Major work items will include: 1. Meetings with stakeholders 2. Preparation of typical sections for the existing corridor and the proposed alignment 3. Identification of potential utility conflicts 4. Evaluation of potential traffic control needs SRF Consulting Group was selected to assist with this project because SRF did the design work for the Luce Line Regional Trail between Douglas Drive and Theodore Wirth Parkway in 2008. SRF has also worked with Three Rivers Park District on a number of regional bike trails in the metro area and is on the Three Rivers Park District's approved civil engineering/planning firm list. Citv Funding The Hennepin County grant provides a 50% match up to a maximum of$20,000. The 2013-2017 Capita) Improvement Program (CIP) Project for Sidewalk and Trail System Upgrades (S-030, page 100) is the source for the City's matching$20,000 portion of the Bikeway Development Participation Program. Communications The proposed work plan includes numerous opportunities for comment including a public open house, presentation at Council/Manager meeting, and additional meetings with stakeholders (Courage Center, Hennepin County, and Three Rivers Park District). All of this wark will need to take place in 2013 as the grant funds must be used by the end of the year. Attachments • Grant Agreement with Hennepin County (6 pages) • Resolution Authorizing the Cooperative Agreement with Hennepin County for a Bikeway Feasibility Study (1 page) • Agreement for Professional Services with SRF Consulting Group, Inc. (13 pages) Recommendation 1. Motion to approve the Resolution Authorizing the Cooperative Agreement with Hennepin County for a Bikeway Feasibility Study. 2. Motion to authorize the agreement with SRF Consulting Group, Inc. for professional services for the Bassett Creek Regional Trail Feasibility Study. Agreement No. PW 47-13-12 County Project No. 1227 County State Aid Highway 66 City of Golden Valley County of Hennepin COOPERATIVE AGREEMENT FOR COST PARTICIPATION IN A FEASIBILITY STUDY THIS AGREEMENT, Made and entered into this day of , 20_, by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Golden Valley, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS,the City has requested County participation in the costs of studying the feasibility of an off road trail along the planned Bassett Creek Regional Trail alignment along County State Aid Highway(CSAH) 66 (Golden Valley Road) from the Trunk Highway 100 pedestrian bridge to the east city limit with Minneapolis; and WHEREAS,the above mentioned feasibility study has been identified as County Project No. 1227 and shall be hereinafter referred to as the "Project"; and WHEREAS,the City will hire a consulting firm to perform the feasibility study, will supervise the preparation of the feasibility study and will administer the contract with the consulting firm; and WHEREAS, the City has prepared an estimate for the feasibility study in the amount of Forty Thousand Dollars and No Cents ($40,000); and WHEREAS,the Bassett Creek Regional Trail and Golden Valley Road are designated as a bikeways in both the City of Golden Valley"Comprehensive Plan—Proposed Trails and Sidewalks" and the Hennepin County Bicycle Transportation Plan; and WHEREAS,the Project is eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS,the County desires to participate in the costs to be incurred by the City for the feasibility study; and - 1 - Agreement No. PW 47-13-12 C. P. I227 WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The City shall be the lead agency and it or its agents shall be responsible to ensure that all work and services required for the completion of the feasibility study are in accordance with the provisions provided for herein, as well as any and all applicable laws, regulations and guidelines. In addition, it is understoad and agreed that the proposed designs shall adhere to County guidelines and practices consistent with the Minnesota Department of Transportation(MnDOT) "Bikeway Facility Design Manual". II The City or its agents shall be responsible for the collection of any and all data required to complete the feasibility study. It is understood that the County will provide the City with existing pertinent data as may be available. III All plans, designs and reports prepared in accordance herewith shall be prepared by or under the direct supervision of a professional engineer, registered in the State of Minnesota, and said plans, designs and reports shall be certified as required by law. IV At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the study process. The County retains the right to, at any time, review and comment on the plans, designs or reports of the City or its agents in regards to the feasibility study proposed herein. V The City shall be responsible for the accuracy of the work of its agents and shall ensure that all necessary revisions or corrections resulting from errors and omissions on the part of the City or its agents are promptly made without additional compensation by the County. Acceptance of the work by the County shall in no way relieve the City or its agents of the responsibility for subsequent corrections of any such errors or omissions and also the clarification of any ambiguities. -2 - Agreement No. PW 47-13-12 C. P. 1227 VI It is understood and agreed by the City that the feasibility study proposed herein shall be completed within one year from date of agreement execution. Upon completion of the feasibility study, the City shall furnish the County with three (3) copies of the completed report. VII The County shall reimburse the City for fifty percent (50%) of the costs for the feasibility study up to a maximum amount of Twenty Thousand Dollars and No Cents ($20,000.00). It is further understood and agreed that the County's total reimbursements to the City for the herein agreed feasibility study shall not exceed the maximum amount without an amendment to this Agreement. Upon completion of the feasibility study, the City shall invoice the County for reimbursement. Said invoice shall include a copy of invoices submitted to the City by the consulting engineering firm for work performed in accordance with this Agreement. Invoices will be checked by the County and payments will be made (a) in full for all work and services completed and acceptably documented, (b) without retainage, (c) in the manner prescribed by law governing the County's payment of claims and/or invoices and (d)within forty five (45) days of the date of receipt of the invoice, whichever is later. VIII It is understood that the monetary reimbursement to the City provided for herein is for the County's total share of the feasibility study and that nothing herein shall be construed as a commitment by the County to participate in the construction costs of any improvements implemented as a result of the feasibility study. IX All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. X The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from - 3 - Agreement No. PW 47-13-12 C. P. 1227 any act or omission of the City or said city's consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts andlor omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XI It is agreed that each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of actions,judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XII It is further agreed that any and all employees of the City and all other persons engaged by said City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. XIII Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. XIV The provisions of Minnesota Statutes 1$1.59 and of any applicable local ordinance relating to -4 - Agreement No. PW 47-13-12 C. P. 1227 civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XV The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 5 - AgreementNo. PW 47-13-12 C. P. 1227 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: Assistant County Attorney And: Date: Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION; RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: - 6 - Resolution 13-36 May 7, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR A BIKEWAY FEASIBILITY STUDY WHEREAS, Hennepin County has allocated funding for bikeway feasibility studies; and WHEREAS, the Bassett Creek Regional Trail through Golden Valley is in the planning process at the point of a feasibility study; and WHEREAS, Hennepin County is requiring that the City of Golden Valley enter into a Caoperative Agreement to receive grant funding for the Bikeway Feasibility Study; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley to authorize the Cooperative Agreement with Hennepin County for a Bikeway Feasibility Study. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. PRUFESSIONAL SERVICES AGREEMENT T'his Agreement is made as of the�day af�(��,2013,by and between the City of Goldcn Valley, hereinafter referred to as City,and SRF Consulting Graup,Ina(SRF),hereinafter referred to as Consultant,with offices located at One Cartsan Parkway North,Suite 150,Minneapolis,MN 55447-4a43. Witnesseth,that the City and Consultant,for the consideration herein narned,agree as follows: SECTION 1/GENERAL CONTRACT SECTION b!EXHIBTTS �'ROVISIONS The following initialed F�chibits a.re attacheii to and These provisions sha11 be as set forth in Exhibit A. made a part of this Agreemerrt: SECTION Z/SCOi'E OF WORK X Exhibit A General Contract Provisions The scope of work to be performed by Consultant is set � forth in E�ibit C. 1fie work and services ta be X Exhibit B Definitions performed hereunder and described in Exhibit C shall X Exhibit C Scope of Work be referred to herein and in the General Contract X �xhibit D Cotnpensation Provisians as the Pzoject. X Exhihit E Insuraace Schedule SECTION 3/COMFENSATTON X Exhebit F Rate Schedule Gornpensatian to Consultant for services described in this Agreement shaD be as designated in the attached SECTIOPT�/ACCEPTANCE UF AGRLEMENf E�aibit D and as hereinafter described. All work and services described in this Agreement shali be performed by Consultant only atfter written SECTION 4/WORK SCHEDULE acccptance of the City. The undersigned hereby The anticipated schedute is set forth in Exhibit C. aceept the terms and eonditians of this Agreement and ConsuItant is hereby authorized ta perForm the SECTIUN 5/SPECIAL Ct)NDTTIUNS services described herein. Special conditions,if any,are as set forth in Exhibit G. CONSULTANT: SRF Consulting Group,�nc. CITY. CITY OF GULDEN VALLEY ADDRESS: One Carlsqn Parkway North, ADDRESS: 7800 C�OLDEN VALLBY ROAD Suite 150 GOLDEN VALLEY,MN 55427 Minneapolis,MN 55447-4443 BY: Shepard Harris By: Michael F.McGarvey,ASLA,S.EEIa AP SIGNATURE: SIGNA'I'URE: TITLE: May� TITI.E: PCIaSiD�L. Bl': Thomas D.$urt SIGNATURE: TTTLE: City Manager Pmfessionat Services Agreemert EXHIBIT A GENERAL CONTRACT PR.UVISIUNS a,x1-rcZ.s i-ae�v�waL T'hese genera� conuact provisions are incotporeted in snd becoax a As to su}xrseding effec�,the attached exhbits shaU govem over these pert of the Agreement to which it is attached bah�tt. SRk'Consulting geaeral provisions,and the attpglemrntal Agraement,where applicable, Oroup,Ina(SRF�,hercinaftcr refemd W�Consultant,snd tha othm� shal]govem ocar attacfud exhibits and these general provisions. psrty to tha Agretmeat,Ciry of tDoiden Valley,6creinafter referred w as City, wherein the Csty engag�s the Congultant to provide axtam The Agramrnt oonstitutes tlie entitt imderatand'mg betv�roen the savices more partscularly doscribed in Fa�hibit C, Scope of Wod�. Consultarn aad City. The Agrecmatt supe:seedes ail prior writun or Either party may be hereinafter referred to as perty or,cotlectively, oral unde=standiag aad may only be amended,9u�lemanted,modifed paRies.The starting date will commence when authorize�by the City. or cancclled by a duiy executed writxn instrument, ARTICI,E 2-CH.ANOED CONDIT70NS ARTICLE 6-RESP�NSIBILITIES If the Cflnsu[tant detuminea that atty services it has been directed or A. In order to permit the Consultant to perform the servic�es required requested to perform are beyond the scope as set farth in E�rhibit C or under this Agreement,the City shell,in proper time and seqwence and that,due w chenged conditions or chaages ia the method or manner of whero sppropriate W the Projxt,at no expcnse to the Ccrosultant: administrau� of the Project, the ConsultanYs effott roquira! to perform its xrvicxs w�der tlus AgrameM e�cceeds the estimak which 1. Provide svailable infornia6on es m its requiremsnu for the formed the basis for the Con4ultuit's c4mpensation,Consultant shell Project. pmmptty notify the City of that fac� A�itionai work and add'xtional 2. fluarentee access to and make all provisions for the Conaultant w oompensation for such work,and the extension of time for complstion eater upoai publlc and private lands to enable the Consultant to tha'oof,shell be set forth in a supplantntal Agroanent entaed iuto by perFomi ib wrork under this Agrcement the partes prior w prooeeding with any additionai work or related 3. Provido such Iegal,aocounting and in�urance wut�se2ing services expa�tditures. 5uch suppla�ntal Agroement shsll be ineorporeted in as may be required for thia Projact,(such as review of insuxena and beoome a part of Wis Agreomeat, certificstes,bondiag clarificedo�and lega(quastions rogardiqg property acquisition or esaessmant). AItTIQ,E 3-TERMINAITON 4. Notffy the Consultant whenever the City obsarves or othenrise The City may by written notice termiaate the AQreemeat or azry portion bovomes awsre of any defect in the Projoet thweof what it is deemed in the City's best imerest to do ao or the City S. The (}olden Vslley City Cou�il or a person or ptrsons is unable w adequately fund payment for the Agreanent bxause of designated,shell act as City's sepreaen�tive with reapece to the changes in State fisral policy, regulation or law. Ia the eveut of servicxs to be readcred und« this A�reement, 'Ilie City's te�minatioa, copies of plans, reports, specitications, r.lectronie represa4tetive shall have the aathority to tranamit and receive dsawing/data files (CADA), �eld date, nous, and other docrosients insttuctions ead inforsnat�n ead m urter��ret and deffne tha City's wheiher wriUen, kminud or rxorded � any mealium whet�ever, polieiea with respect W services rendered by tl�Consultant finished or nafinished, prepared by the Consultent piusuant to this b. Furnish data(end professionel ime�pr�tationa tbetoofl pr�pared by Agreement and pertainirsg to the work or to the Project,(heaeinafter or se[viccs performed by othe�s,including where appticable,but °Instruments of Servioe"),shall be made available to the City pursaent not linufed to,�uevious ieports,oore borings,prohings and s�- to Articlo 4. All provisions of this Agreement allocating respoacibility svrface explorarions, hydrographic and hydrogoologic surveys, or liebiliry betwan tho City and Consulmnt shal! survive the Iaboratory tests and inspaction of samples, materials aad completion of the srnices hereunder and/or the terminetion of this oquipment; appropriate professional interptetations of the Agnemonc foregoing data;emironmenta]assessmeqt and impect atxroements; property, boundary, easematt, right-of-way, Wpographic and ARTICLE 4-REUSE AND DISPOSITION OF IN3TRilMENTS OF utiliry surveys;praperty descriptiott;mning,dead end othet land SERVIC� use restrictions;end other speasl data. Duruig the coutse of the work,the Consuttant shall(if requastad,)make 7. Review all reports, sketches,drawings, sp�itications and other availeble W the City copy(ies}of tha Instruments of Savice. At the documents preparad and �esemed by the Consultant, obtain time of ootnpletion or itrauination of t6e worl4 the Consultant shall advice af legel,accouming and inswsnce counselors or othe�s as make such Instruments of Se�vice available to d�e Ciiy t�wn (i} City deems nevessary for auch oxaminstioas and Tender in writing payment of amoonts due and owing for work performad and expenaes dacisions partaining thereto wiUrin reasonabk tlmav so as aot W i►aaarred to the date nnd time of terminstion,and(ii}fiilfiUme�t of tho delay the perFormanca by the Consulmnt of the services W be City's obiigation under this Agreement and auch Inatruments of Sarvia rendorod puz'suani to this Agroemwt shatl become the property of the City. Any use or re-use of such B. Where appropriate, endeavor to identify, romove and/ar Instruments of Service by We City or othen without written varification encapsulate asbestos products or materisls or polhrtauts locaood in or adaption by the Consuhant except for the apecific purpose intended the project area�ior to accomplishment by the Consukant of any wi!!be at the City's�k md fiilt logal rospons�'bility. worlc on the Pmjoe� 9. Pmvide record drawings and speciRcations for all existing The City agrees,ta the fullest extent permitted by[aw,to indemnit)+ phyaicel plants of facilides which ue pertinent to tha Praject. and hold the Consultant hazmlesa from any claim, liability or cost 10. Where availabie provide other servioes,mrterials,or date as may (including reasonabk nttomeys' fees, axd defense costs) arising or bo set foflh. sllegcdly arising out of my unauthorized reuse or modificapion of these 1 t. Bear all oosts incidental to complience with the requirements of InsLvments of Service by khe City or anry pesson or ar�dty that acqwrcs this article. or obcains the reports,plans end spacificatiot�&om ox through the Ciiy ]2. Provido the foregoing in a manner sut�eciently timely so es not to without the writtan aut}wrizatiaa of khc Consultsnt, Under no delay the performance by t6c Cansultaet of the services in circumstances shall uansfer of Insuumerns of 3ervia be deaned a sale accordance with the Contract Docwnants. by C.onsu3tant,end Consultent makes no watrandes,cither expcessed or implied, of inerchantability and fituess for airy �rticular putposa B, Consultauct shaq be entitFed to rely on the accaraoy and Consulcant shall cause any oonuact for work betwean Consultant and a completen�s of informarion or services fiunished by the City or others third party for work unda this Agroement w coatain the terms and cmployed by Use City. Coasultant shail aadeavor w verify the provisions of tktis A�ticla 4 rolating to the InsWments of Service infarmation grovided and shall promptly notiij+ the GSty if t6e created by such subwntr�tor. Consultant discovus that airy iaformation or servias furnished by @u Ciiy is in error or is inadoquate for ita pw�posa ARTICLE S-AGREIIvIH�7' As used herein AgxmeM means: ARTTCLE 7-OPINIONS OF COST (t) The Agreement for engineering, surveying and planning Opinion, if sny, of probable cost, coastruc6on cost, Fnnneiel services; evaluations,fea5ibility sNdies,aconomic analyses of alternate soludons (2) T`hose general comract provisions; and utilitarian oonsiderations of opetations and msintenance costs (3) The attached exhibits;and provided fin ere made or to be made on the basis of the ConsuiianYs (4) The supplemental Agreement,where applicable. experie�e and qualifications end represent tht ConsultanCs best Exhibit A—General Contrect Provisions judgment as an experienced �nd quelif��ptothssional design findt. AItTICLE 15•R�VIEW The parties acknowledge,howevcr,that the Consu{tant doos not have It is untiarstood and agreed by thc Consvltant that t}x City,through its controt over tho cost of labor,mnterial,aquipment or servicrs furnished authmizod agonts ahall�sha solo and final judge of the fifieas of the by others or over mazkct wnditiona or convacoots methods of work and iis accepcebility, and no paymrmt shall be mada to tbe determining their prices, and auy evaluation of my f�ality to be Consutta»t heteunder undl the work shal!have bcen fou�d acc;cptable oonstrue0ad or scquitad,or woxk of�cessity must be specvlative until by Um Ciiy t6rough its suthoriud ageMS. completion of cons�uctian ar aaluisidon. Acoordingly,the Conaultant does aot guarantce tLat proposals, bids or actual costs will�t vary The Coasultent shatl be liable for any work dorx by a subconiractor for from opinions,evsiuetions ar studies submitted by the Consutteni. servicos rend�red under this Agreement T'he City shall bc enUided to peY say suc6 subcontractot direotty in its owq discrction. AR17Q.E 8-INSCTRANCS Coasultaat has yttoaaied insw�ancc in the types and amounts se¢forth in Exhibit E,end shall cause azry wotk subcontrackd to a tlrird perty to be compleDed und�n subco�stract requiring Hie procuremeaY of insu[ana ARTTCLE 16-INDEMNIFICATTQN in the types aad amounts set forth in FSchibit E. The Conaultant furthw The Consultant agras, to ihe fullest extent permitted by iaw, to agrees to furnish cerdfi�t�s of the insuraqce set forth in Hxltibit E to indemnify end hald tht City, their elvcced officials, oP6cers, and the City>namix�g the City es sn addidonal insuied,not leter than ten employ�es harmless frws► ,ny damage, tiab7iry or cort (including (10)days after execution of this Agreeanent and wiU provide the City ros9a�able attorneys'fas and costs of defense)W tlte e�cctent caused by with writtar nouce Thirty(3d)days prior to cmcdlation of the poiicy the Consultents negligtat acts,CfIOIS OT OIIt19816�5 tp UIB FIC[FO�IAMCC in the coversge period of prof�sionai aervices w�der thia Agroament and those of its aubconsuitants or aayone for whom the Conaultant ia legelly liable ARTlCLE 9-ASSIGNMENT rogudloss of whether or aot eny liability arises from, ia pert, the This Agreanant,intended W secuce the sorvice of i�ividuais employed negtigent acts,errors,omisaions oF City and ita ot�xars,employees arid by snd through the Consultant, sha(I not bo essi,gned or vansferrai volu�s. wiU►out writton consent oft6e City. The City egrees w the fiilIest extent pamittad by lsw,to indemnify and ARTTQ,E]0-COIVTROLLING LAW hold the Conaultent harmless from any demege, I{ability or oost Ttus Agreement is to be grn emed by iho laws of the State of (including reasonable attomrys'fces aod costs of defcnse)to the�xtetzt M�nnesot� causad by the City's negligeat acta,errore or omisaio�and those of his or her wnhactors,subcontractors or eonaultants or anyone for whom AItTTCLE l I-NON-DI3CRiivIINAT[ON the City is legally liable,and a�ssing from the project that is the subject Consultant will c�ply with the provisions of applicsble Federal,Stebe of this Agreement, end Local SteNtes,Ordinances,end RegulaUions paRaitliag to humen rights aad non-discrimination,and shall cause any contraci for work subconuacted w s third perry m be oompleted under a�ubcontract iequiring complia�e with Article i l herein. ARTICLE 12-CONFLICT RESOLUTION In an effort to resolve eny conflicts that ariae dwing the design or construction of the project or following the completion of the projact, the City and Consdtant agrx that ail dispubes betwcen tliem arising out of or relating to this Agreement shall be submiued to oonbinding mediation unless the parties mutually ag�ot6erxise, ART'ICLE 13-CpNFIDENT1ALiTY The Consultant agreea w kecp arnftdential and not to disdose to a�ry p�rson or endty,other than the ConsultenYs employees,subconsultants and the general conuactor and subcanhactots,if appropriatn,any data and information not }mviously knowa W and generated by the Consultsnt or iumished to the C�suUant and marked CONFIDF.TTTTAL by the City. These provisio�shall not eppIy to iaformstion in whatever form that comes into the public domain,nor shall it resuict the Consultsnt finm giving notices roquiird by law or complying with an order to provide infortnation or dnta wF�n such order is issaed by a couR,administtative agency or other auitt�ority with proper jurisdiction,or if it is reasonabiy necessary for the Cmtsultant to defend himself or herself from any suit or claim ARTICLB 14 - LOCATION QF LIiVDEROROUND IMPROVEMENTS The Consultsnt andlor his authorized suboonsultant will conduct the research thaz in hia or her professionsl opinion is necessary and will prepere a pfan indicating the locations intmdeal for subsurface penetrarions wich rospact to assumod Iocations of undagrouad improvements. Such �vtces by the Conaulta� or his or her suboonsultant wiIl be performed in a manner conaistent with the ord'enary standard of caro. The Cily recognizes that the re�earch may aot idendfy ail underground improvements and that ibe information upan which the Consultant:elies may contain eaors or may not be completed. The City agrees,ta the fUUest extent permiued by law, to waive a!1 claims and causes of action against the Consultant and anyone for whom the C.flnsultant may be legally liable, Por damages ro underground improvements resulting from subsurface penetratian lacatioris established by the Consultat�t,except 8�t tht City does not re(rase the Consultant,its prineipals,employoes,agcnts end consultants fram negligence which causes damsge to underground impmvemcnts resulting from subsurface peaetration locations established by the Consultant Exltibit A—General Corrtract Provisions EXI��BIT B DEFINITIUNS B.l "HOURLY BASIS"means that the fee shall be determined by multiplying the number of hours of work performed, t�mes the dir�ct personnel cost for the appropriate labor classification shawn on the fee schedule. B.2 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include Iong distance telephone charges, subconsultant fees, testing costs, oertside reproduction and printing costs, equipment rental costs and similar costs. B.3 "IMFR(.?VEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRLTMENTS �F SERVICE" means the specifications, plans and ather documents (includin�those in electronic form),prepared by Consultan.t and its subcontractors of this project. Exhibit B—Definitions �+��' � sca�E aF vvo� GENERAL SCUPE OF WORK SERVICES FUR IMPRC?VEIYIENT PROJECTS Scone of Wark SRF wi�l provide prnfessional services ta prepare a feasibility study for the development of a bikeway from TH 100 to Xezxes Avenue North. The feasibiiity study will look at three distinct segments within the proposed bikeway corridor. The frst segment includes an existing bituminous trail between the pedestrian bridge over TH 100 aiong Unity Avenue North, Toledo Avenue North, Scott Avenue North and Regent Avenue North where it will connect with Golden ValIey Road. The study will evaivate what is needed to upgrade existing trail sections to meet Three Rivers Park Distrzct trail standards. The second segment will follow Golden Valley Road from Regent Avenue North to Wirth Parkway. The third segment will foilow Golden Valley Raad frorn Wirth Parkway to Xerxes Avenue N'orth. The study wiIl investigate whettter the north side or south side of Golden Valley Road is mare suitable for the proposed bikeway. The feasibility study witl address issues and opportunities regarding utilities, right-of-way, steep slopes, intersection crossings and other potential bikeway obstructions. The study will include an analysis of the bridge over the BNSF Railway to determine whether it can accommodate a bikeway while rneeting Three Rivers Park District trail standards. SRF wiEl prepare a fnal report that will incIude llxl7 color maps of the proposed bikeway alignrz�ent, existing and proposed typical bikeway sections and a eost estimate. The cost estimate wiil be divided into three parts that will cover the bikeway segments from TH 100 to Golden Valley Road,alaz�g Golden Valley Road from Regent Avenue North to Wirth Parkway and along Golden Valley Road from Wirth Parkway to Xerxes Avenue North. Assumptions • Mark Ray will be the City af Golden Valley's project manager. � Stewart Crosby will be SRF's project manager. He will be assisted by Mark Hansen and Emily Lueth. Mike McGarvey will be the principal in chazge and will pravide QAJQC oversight. • SRF staff wiil provide project updates on at least a monthly basis through email or phona conversations with City staff. • The bikeway shall be designed to meet Three Ttivers Park District trail sta.ndarcis and standards established under the MnDOT State Aid program, AASHTtJ, ADA, as well as other standards required to meet federa] grant and other requirements. � A survey will not be conducted as part of this study. The feasibility study wiil utilize data and mapping provided by the City of Golden Valley and other data available through Henne�in County or other public sources. � SRF assurnes that the process wi11 include four {4) meetings wi�th affected agencies including Hennepin Caunty, Three Rivers Park District, Minneapolis Park & Recreation Board, the Courage Center and the Minneapolis Clinic of Neurology (joint meeting), one (1) public open house, one (1} City Council/staff workshop and one (i) City Couneil presentatian. Exchibit C—Scope of Work Exceptions &AdditionaI Ser�ices It is understood that if the scope or extent of wark changes,the cost will be adjusted accordingly. Before any out-of-scope work is initiated, SRF will submit a budget request for the new work and will begin wark upon written authorization from the City. Eaaectation of City Participation City staff will be present at the open house and at all meetings with stakehalders and city council presentations and workshaps. SCHEDULE SRF will comnnence work on or abaut March 8, 2Q13 and will complete the project by November l,2013. Proposed Prnject Schedule: March • Kick-aff meeting * Compile base matezials • Compile utility data � Conduct site analysis A ril • Stakeholder meetings � Prepare alternative routes Mav • Qpen house � Px�epare preiiminary trail alignment June • Cornplete preliminary trail alignment � Prepare feasibility report • Prepare preliminary cost estimate J� • Cantinue feasibitity study preparations + Continue preliminary cost estimate preparations Auaust • Submit draft feasibility study xeport � Make revisions based on City feedback September • Submit final feasibility study report E�,ibic c—scope of work �m � � a� N X � � � � � $ � S �5 � O � !�J � � � 1- � � s � J M'3 � M? O O O O O � � 8 �i � m a c�i � 0 0 0 � o o m � � � ' � � s � � � � a o v m o o � � K � � w � Q a a d � x � ' o 0 0 o aro ao �e O O � � � � a 1 I � � W y Y� � a � v � o a m uo � � W Q � � � � ! 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St SE � � a � g � p � � N �' m N Y Y � � fp Ml � 0 �F" � � � � q p �� O o O O O � � T ID W � � U o a o 0 0 0 0 0 o e � � � � � �1 � y ro o 0 o a o a o 0 0 t� � O � �q � x 0. g z � ao � m � o 0 0 0 0 � [ K � y p„ } � � � � .. � , �: � W � a � � Q Q w� Y Vi� ' ' V W N IV r C �' � Q � a k 4(((777�� '� Q � �-- N O N O � �':"d� i.7 P o Q �t F- y � L � W � � W � c.i .- a ci n a v r N � a v z � a � � � � �� •� � �z � � �� .� � � �� p � �, �� g � �, �� .. � w 4 ��8' 6�� 3f` '�Q�a � v � � 8 � � � � � � � '� r � �� a . g �� J �� , �R Z � �� o � � � � � � '' a F � � �� :�� s �� .. � � � � � � � ` g � � a � � �� _ � �� . � � � �� . > �< � � �� ,�� ° �� < � � � � �� d� � � .� � K � �C u�.�� 4.g� 8 '�� °��° � � � � �� n: � "" < � �� ' �� X� � � v� � �� s � �� ' �� _ � � � �� _ � � �g � � � �� a�� „ � �� s� . �� . �� ' �� y�� . . . . . � �� . . . . � � ~ � � � �¢ f' � Y d �d � i �o � r: ti n�'. ra.' v7 � � � V m �� N a � z � a � � � � � � � $ � �� WW � � � � N i� � LL � � g � � � � °a � o �ti m 8 � � � � »� � a J E � U � _ $ $ g � � F � � e w '� C k 7 � y s � � $ °o, � a � � � ° rc o � p � a � % 2 � � ° � � � � � � � � � � g � � � � � y � x� � � � Q � �° g $ � s W c w � � ll �-' .S N � R 4 lJ y � g � � f Q � � a g $ S � � � W � � � � � � ~ � � � g � 0. � � Z ~ � � 0. i� G � � � W � �Z Y a � � � � � � � � � � � � � �. =p Z � z � � s W 7 � J C � � � o�a � o � p � � � � � �= W � w h- z m � F" � v� �i d C�X Y ��p T C D S � � � � � � � W � H H � ��ul . Q C7 � � � � �� 5 � � � � � � � p � � � � F � �M o � �t� � � � � < a � � � � V f Q W LLf w f a a U v�i u� � � � g � N F W Y V � E�;.HTBTT T.� C+QIVIPENSATIt3N SRF shalI be reimbursed for its services on an houriy basis for the actuai time expended. Other direct project expenses, suck� as printing, supplies, reproduction, etc., w%il be billed at cast, and mileage wiil be billed at the curx�nt allowable IRS rate for busincss miles. Invoices are submitted on a monthly basis far work performed during the previous month. Payment is due within 30 days. Connpensation to SRF for services performed shall not exceed $39,744.00 in total including reimbursable expenses,without a written amendment to this Agreernent. Bxhibit D-Compensation EXHIBIT E INSURANGE SCHED�7LE GENER.AL LIABILITY Carrier: RJF Mizuaeapolis Type of Insurance: Commercial General Liability Goverage: General Aggregate $2,040,040 Products-Comp/Ops Aggregate $2,000,000 Persona� &Advertising Injury $1,000,000 Each Occurrence $1,000,000 AUT�M4BILE LIABILITY Carrier: RJF Minneanolis Type of Insurance: Hired Autas Non-Owned Autos Cavera.ge: Cambined Single Limit $1,OOO,oaa WCIRKER'S COMPENSATION AND EMPLC}YERS' LIABILITY Ca�rier: RJF Minneapolis Coverage Statutorv Each Accident $ 1,00O,OOU Disease-Policy Limit $ 1,OOQ,004 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: H.Robert Anderson&Associates.Inc. Caverage: $1,000,000 each claim/$2,UOQ,000 annual aggregate Certificates of Insurance will be provided upon zequest. E�►ibit F—Rste Schedule �xhibit F Rate Schedale SRF CC?MStIt'flNti GRt�UP,lNC. RANCiE QF HOURLY BILLtN{3 RATES JANUARY 2013 THROU�H DECEMB�R 2013 2018 PRINCiPAL i186-S2o1 9�NItyR ASSGCIATE S�a4-�teo AS80CfAT'E 519��ts'1 S�,NIOR PROFE881Q�QL Desi n Etevbw En lnaer 5120-$16T N1 Sp�iaNst $1i0-S161.' Enpineer ; 83-$147 Landecape Anch[tect � x 83�$447. Plartner 93- 447 C3RAD ATE Er�near ---- � 71-S11a —�ro�� - - 71=$116 Landacepe Deaigrur 74 $i 16 Plannar 71-i '!8 7ECHNICAL saiety saed�l�t S9zt-ats� En ineerin S adaGsst • �..... 5102- 133 Ri9ht�of�fllaySDecdaAsk Senior 79- 22 Rlpht-of-Wev Saedal'ist 5D-3�107 CAbD/Fiebd 7�ttnieien Prindpal $ 93-$131 CADD�eId Teohntdan, enior S 79-E116 GARD/Flefd Tech idan S 59-� 98 unre Technidan Prtnd 102- 931 3 Techmiden.Sanior 79-$116 SurvayFf�iflc Techn an � 4g- 87 PRODUCTIOPt WFB Deafgner,P�tcipal � 83-�131 C�aphics 7 nician,F'rficbal �142-5�81 Gra Techni�m San� �� 79-i91S Tsdmieisn 69- 98 Sr.E�or g4.�17'i Edibor 8 78- 118 Admir�ishadvs AssistaM 3 87•S 92 Cleric�f s 51-ffi 84 rne Rat+ge ot HoudY Retea schedule�aubjsct to chsngs ar�uaMy. oir�sot prc�jed re�atad m�p�aos ere biNed at a� cost and mHesqe k blUatl si a ra�not ha mccasd the a,mnt aibrwbfe IRS rate f�businsac mtbe. Exhibit F-Rate Schedule I..��V y V� i��j 4�I��. r' � Public�vxks Department 763-593-8030/763-593-3988{fax) � �.-- � � ��,_. _ _ . ,�_ �_ �.��. � �.. , �� w. �x�h. �� Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. H. Douglas Drive (CSAH 102) (Medicine Lake Road (CSAH 70)to TH 55) 1. Authorize the Agreement with the Minnesota Department of Transportation for Federa) Participation in Right of Way for SP 128-091-004 (Douglas Drive) 2. Authorize Purchase of Properties for the Douglas Drive Reconstruction Project 3. Authorize Agreement with Wilson Development Services LLC Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Engineer Summary The City received $675,000 in federal funding for right-of-way acquisition related to the Douglas Drive reconstruction project (SP 128-091-004). The federal funding is routed through the Minnesota Department of Transportation (MnDOT) to the City. As such, the City must authorize MnDOT to act as the City's agent in receiving the funds from the federal government. The agreement will provide the City with up to $675,000 in funds from the Federal Highway Administration (FHWA) for right-of-way acquisition related to the Douglas Drive project. The funds will be put toward the purchase of the previously identified full-acquisition properties along the corridor. Last year 6305 Olympia Street was acquired. The remaining full-acquisition properties are: 1605 Douglas Drive, 1435 Douglas Drive, 6300 Winsdale Street, 6300 Phoenix Street, and 2300 Douglas Drive. Attached are two resolutions. The first resolution authorizes MnDOT to receive the funding from FHWA and transfer the funds to Golden Valley. The second resolution authorizes the Director of Public Works to purchase the remaining five identified full-acquisition properties for the project. With the approval of these two resolutions, the City will proceed with acquiring homes until the federal funding is expended. Once the federal funding has been exhausted, acquisitions will be suspended until the agreement with Hennepin County is approved for the remaining acquisitions (both full and partial acquisitions). Also attached is the agreement for professional services with Wilson Development Services LLC for their assistance with the acquisition process for the identified properties. Wilson Development Services LLC has a long history of working with the City on a variety of public improvement projects. Since Douglas Qrive is a federal project, it is essential that the City use experts in managing the acquisition process and requirements associated with federal projects, Attachments • Agreement with the Minnesota Department of Transportation for Federal Participation in Right of Way for SP 128-091-004 (10 pages) • Resolution Authorizing the Agreement with the Minnesota Department of Transportation for Federal Participation in Right of Way for SP 128-091-004 (Douglas Drive) (1 page) • Resolution Authorizing the Purchase of Properties for the Douglas Drive Reconstruction Project (1 page) • Agreement with Wilson Development Services LLC dated April 30, 2013 (3 pages) Recommendation 1. Motion to adopt Resolution Authorizing the Agreement with the Minnesota Department of Transportation for Federal Participation in Right of Way for SP 128-091-OQ4 (Douglas Drive). 2. Motion to adopt Resolution Authorizing the Purchase of Properties for the Douglas Drive Reconstruction Project. 3. Motion to authorize the agreement with Wilson Development Services LLC for professional services for residential acquisition and relocation services associated with the Douglas Drive Project for an amount not to exceed $17,000. MnDOT Agreement No. 03618 STATE OF MINNESC?TA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY 4F GOLDEN VALLEY F�R FEDERAL PARTICIPATION !N RIGHT OF WAY FOR S.P. 128-091-004; M.P. NMTP 2713(223) This agreement is entered into by and between City of Golden Valley ("City"} and the State of Minnesata acting through its Commissioner of Transportation ("MnD4T"), Pu�suant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the City's agent to accept and disburse federa! funds for the construction, improvement, or enhancemen# of transportation financed in whole or in part by federal funds, hereinafter referred to as the"Project"; and The City is propasing a federal aid project ta purchase right af way for their complete streets project on Douglas Drive, hereinafter referred to as the�Right of way Acquisition"; and The Right of way Acquisitian is eligible for the expenditure of federal aid funds, and is identified in MnDOT records as State Project 12&091-004, and in Federa! Highway Administration ("FNWA") records as Minnesota Project NMTP 27'13(223}; and The CFDA�umber for this project is 20.2U5; and MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. QUTIES 4F THE CITY. A. DESIGNATION. The City designates MnD4T to act as its agent to accept and disburse federal funds made available for the Project. B. ELIGIBIL.ITY / C�STS. The estimated cost of the Right of way Acquisition is $1,0'12,368. 1. It is anticipated that (up to $675,000)af the cost o#the Right vf way Acquisition is to be paid fram federal funds made available by the FHWA, and that the remaining funds will be paid by the City. The Gity will pay any part of the cost or expense of the work that the FHWA does not pay. Agreement no.03618 -1- 2. Any costs incurred by the City prior to authorization of the Federal Funcls, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may cansist of the following: a) Purchase price, appraisal tees incurred by the City, appraisai fees incurred by the property awner(up to a maximum of�1,500 for single family and two- family residential property and minimum damages acquisitions and $5,QQQ for ather types af property), condemnation costs, title work, title insurance, recording fees, and clasing costs. b) The direct labor charges for City emptoyees for the fime that said employees are performing work pursuant to this agreement. Said labor charges may include the prorata share of"labor additives"applicable ta said labor charges. Costs to the City af"labor additives" consisting of holiday pay, vacation, sick leave, retirement, pensian, une�nployment taxes, compensation and liability insurance, Iost time charges and similar costs incidental to labor employment witl be reimbursed only when supported by adequate recards. c) The applicable equipment rental charges far City owned equipmer�t used by the City and mileage charges far employee owned vehicles used by ti�e City on wark performed pursuant to this agreement, at rates reflective of the City actual cost. d} Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the City to employ outside forces to perform any ar all of the wark pursuant to this agreement is subject fo the provisions of section I.D. SUBL.ETTING. fl A credit will be required for any building sales or rental income. 4. Expendifures for general administration, supervision, main#enance and other overhead ar incidental expenses af the City are not eligib[e for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR} 31 which is he�eby incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $ 1,Q12,368, the City must request the preparatian and execution of a supplement to this agreement, prior to incurring such costs. C. STAFFING. 1. The City wili designate a publiciy employed registered engineer or land surveyor, ("Project Engineer"}, to be in responsible charge of the Project and to supervise and direct the work performed under any contract (et for the Project. If City elects Agreement no.03G18 -2- ta use a private consultant for engineering services, the City will provide a qualified, full-time public employes of the City, to be in responsible cha�ge of the Project. The senrices of the City to be performed pursuant to this agreement may not be assig�ed, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state faw. This written consent will in no way relieve#he C�y from its prirnary responsibil�y for perFormance of the work. 2. During the progress of the work on the Project, the City authorizes its Proje�t Engineer to request in writing specific engineering andlor technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such senrices may be covered by other technical service agreements. If MnDOT fumishes the senrices requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the fufl cost and expense of furnishing such services. The cos#s and expenses wilf include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direcE costs that have been ve 'nfied by audit. Provision of such services will not be deemed ta make MnDOT a principal or co-principal with respect to the Project. 3. The City will furrtish the personnef, services, supplies, and equipment �ecessary to properly supervise, inspect, and document the wo�lc far the Praject. D. SUBLETTING. The City will prepare request for proposafs in ac�orclance with Minnesota law and applicable Federal laws and regulations. 1. The City wiU solicit proposals after obtaining written notification from MnDOT that the FHWA has authorized the Project. Any Praject advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will p�epare the request for prvposal, which wilf include all of the federal- aid provisions supplied by MnDOT. 3. The City will prepare and publish the proposal solicitation for the Project as required by state and federal laws. The City will include in the salicitation the required language for federal-aid contracts as supplied by MnDOT. The soficitation wilt state where the C'rty will receive the sealed proposals. 4. The City may not include other work in the contract for the authorized Prvject w�hout obtaining prior notification from MnDOT that such work is allawed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project. 5. The City wili prepare and dis#ribute any addendums, if needed. 6. The City will receive open, and evaluate proposals. 7. After the proposals are opened, the City governing body will consider the proposals and wiil award the contract as required by state and federal (aws, or reject alf propasals. {f the proposal contains a goal for Disadvantaged Business Enterprises, the City will nat award the cantract unti! it has received certi�cation Agreement na.03618 -3- of the Disadvantaged Business Enterprise participation fram the MnDOT Equa! Employment Opportunity Uffice. 8. This written consent wiU in na way relieve the City fram its primary responsibility for performance of the work. Subcontractor agreements mus# cantain all appropriate terms and conditians of this agreement. E. CONTRACT ADMINISTRATION. 1. The City will request approval from MnDOT for al! costs in excess of the amount of federal funds previously approved for the Project priar to incurring such costs. Faiiure to obtain such approval may result in such casts being disallowed for reimbursement. 2. The City will prepare reports, keep records, and pertorm work so as to enable MnDOT to collect the federal aid sought by the City. The City will retain all records and reports in acco�dance with MnDOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. F. PAYMENTS. 1. The sntire cost of the Project is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City wil! pay any part of the cost or expense of the Project that is nat paid by federaf funds. 2. The City may reques# partial payments nat mare than once each thirty (30} days. The Project Engineer will certify the amount of each partfal estimate. 3. The invoice and supplsments thereto, will contain a!I details that may be necessary for a proper audit. Such details will cansist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total daNar amount for each individual. (b) The labor additive may be applied to total labor dallars, nat including overtime labor d�llars. (c} The equipment charges shall be broken down by type of equipment times the applicable ra#e and dates used to arrive at total equipment charges. (d) A detailed breakdown of autside seroices used and su�porting invoices and dacumentation that costs of outside services have been paid. (e} Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materiais or supplies are purchased fram an outside source, a copy of that invoice should be included. Agreement no.U3G18 -4- (f} The invoices will include 100% of eligible charges appiicable to the Fcight of way Acquisition so that the prarata share of federal and City participation can be applied to the total costs. 4. Follawing certification, by the Project Engineer, of the final estimate, the City may request reimbursement for costs eligib(e for federal funds. The City's request will be made to MnDOT and will include a copy af the certified �nal estimate along with tne required records. 5. Reimbursement of costs under this agreemerrt wil! be based an actual costs, but limited to eligible items. G. LfMITATIONS. 1. The City wil{ comply with all applicable Federal, State, and Iocal laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person in the United States will, on the grounds af race, colar, or national origin, be excluded from participation in, be denied the bene�ts of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Thraugh expansion af the mandate for nondiscrimination in Title VI and through parallel legislation, the prascribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI pragram has been extended to caver all programs, activitiss and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or nat. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part app(ies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefi#s of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility af the C�y to carry out the above requirements. 3. Workers' Compensation. Any and a(I employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and a11 claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obliga#ion or responsibility of MnDOT, The City will require praof of Workers' Compensation Insurance from any contractor and sub- contractor. H. AUDIT. 1. The City will comply with the Single Audit Act of 1984 and Offics af Management and Budget {OMB) circuiar A-133 including amendments and successors thereto, which are incorporated herein by referencs. 2. As provided under Minnesota Statutes Sectian 16C.Q5, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are Ageemeni no.03618 -5- subject to examination by the United States Governmenf, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum af six years. The City will be responsible for any costs associated with the pertormance of the audit. I. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or irnproved under this Agreement. The "Agency" shall neither sell nvr allow a change in the use of the righ# of way acquired under this agreement without prior approva! of MnDOT and the �ederal Highway Administration. J. CLAIMS. The City acknowledges that MnDC?T is acting only as the City's agent for acceptance and disburseme� of federal funds, and not as a prinapal or co- principal with respect to the Project: The City will pay any and all lawful claims a�ising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project wark, and any ultra vires acts. The City wiA indemnify, defend (to the extent permitted by the Minnesota Attomey General), and hold MnD�T harmless from any claims or costs arising ou# of or inciden#al to the Project, including reasonable attorney fees incurred by MnDOT. The City indemnification obligation e�ends ta any actions related #o the certification of QBE participatian, even if such actions are recommended by MnDOT. K. FEDERAL FUNDING ACCOUNTABILIT1( AND TRANSPARENCY ACT (FFATA). This Agresment requires the City to provide supplies and/or services #hat are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not lim�ted to those set forth herein, of FFATA are met and that the City provides infarmation to the MnDOT as required. The City shall comply with the following: 1, Reporting of Total Compensation ot'the City's Executives, (a) The City shall report the names and total campensation of each of its five most highly compensated executives for the City's preceding completed fiscal year, if in the City's preceding fiscal year it received: i. 80 percent or more of the City's annua!gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards}; and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts {and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and iii. The public does not have access to information abou#the compensation of the executives through periodic reports filed under saction 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a}, 78o(d)} or section 6104 af the Agreement no.U3b 1� -lr fnternal Revenue Code of 1986. (To determine if the public has access to#he compensation infarmation, see the U.S. Security and Exchange Commission total campensation filings at htta://www.sec,�gov/answers/execoma.htm.). Executive means officers, managing partners, or any other employees in management pasitions. (b) Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fscal year and includes the folfowing (for more information see 17 CFR 229.402(c)(2}): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recagnized for financial statement reporting purposes with respect to the fiscat year in accordance with the Statement of Financia!AcGOUnting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings far services under non-equity incentive plans. This doss not include group life, hea(th, hospitalization ar medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the chartge in present value of defined benefit and actuarial pension plans. v. Above-maricet earnings on deferred compensation which is not tax qualified. vi. Other campensation, if the aggregate value of al! such other compensation (e.g. seve�ance, terminatian payments, value of life insurance paid on behalf of the emplayee, perquisites or praperty) for the executive exceeds $10,000. 2. The City must report executive total compensation described above to the MnD4T by the end a#the mo�h during which this agreement is awa�ded. 3. The City will abtain a Data Universal Numf�ering System (DUNS) number and rnaintain its DUNS number for the term of this agreement. This number shalf be provided to MnDC?T on the plan review checklist submitted with the pfans for each project. More information about obtaining a DUNS Number can be found at: http://fed�.ov.dnb.com/webform/. 4, The City's failure to comp(y with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDQT wiil not be obligateai ta pay any outstanding invoice received from the City unless and until the City is in fufl compliance with the above requirements. Agreement no.03618 -7- fl. DUTIES OF MnDOT. A. ACCEPTAN�E. MnD�T accepts designation as Agent of the Ci#y for the receipt and disbursement of federal funds and will act in acco�dance herewith. B. PROJECT ACTIViTIES. 1. MnD4T wili make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for.reimbursement of eligible costs pursuant to the terms of this agreement. 2. MnDCJT will provide to the City copies of the required Federa!-aid clauses to be included in the proposal solicitation and will provide the required Federal-aid provisions to be included in the Proposal. 3. MnDOT will review and certify the DBE participation and notify the City when certificatian is complete. If certificatian af DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then the City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becaming ineligible far federal assistance, and the City must make up any shortfall. C. PAYMENTS. 1. MnDOT will receive the federal funds paid by the FHWA for the Project, pursuant to Minnesota Statutes§ 161.36, Subdivision 2. 2. MnDOT wiil review and sign each partial pay request. �ollowing cert�catian of the partial estimate, MnDOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availabifity and limits of those funds. 3. Upon complstion of the Praject, the City will prepare a final payment request in accordance with the terms of this agreement. MnD�T will review and certify the final payment request with a final aud�. 4. Na mare than 90°!o af the reimbursement due under this agreement will be paid untif completion of the finat audit and approval by MnDOT's authorized representative. 5. In the event MnDOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued a�t a sufficient Ievel to allow for the processing of the federai aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDtJT is abie ta process the federal a9d reimbursement requests. D. AUTHORITY. MnDOT may withhold federal funds, if MnD�T ar the FHWA determines that the P�oject was not completed in campfiance with federal requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized represerrtatives of the state and federal government will have the right to audit, evaluate and monitor A,greement no.03618 -8- the work performed under this agreement. The City will make available a!I boaks, recards, and documents pertaining to the work hereunder, for a minimum af seven years fo(lowing the clasing of the construction contract. �II. AUTHORIZED REPRESENTATIVES. Each au#horized representative wi(I have responsibility to insure that all payments due to tiie other party are paid pursuant ta the terms of this agreement. A. The City authorized representative for the purposes of administration of this agreement is Jeff Oliver, G�Iden Valley City Engineer, Ci�y of Golden Valley, 7800 Golden Valiey Raad, Golden Valley, MN 55427, phone 763-593-8030, or his successor. B. MnDOT's authorized re�resentative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, or her successor. !V. TORT �IABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will nat be responsible for the acts and omissions of any athers and the results thereof. 7he Minnesota To�t Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights ar abligations under this agreement without prior written approval of the other party. V!. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in a�ce. VIL TERM pF AGREEMENT. This agreement will be effective upon execution by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect far five (5) years from the effective date or unti! all obligations set forth in this ag�eement have been satisfactorily fulfilled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the C9ty or MnDOT at any time, with or without cause, upon ninety (90) days written natice to the other party. Such termination wiU not remove any unfulfi(led financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work safisfactarily perfarmed an the Project to the date of termination subject to the #erms of this agreement. Remainder of this page is left intentionally blank Agreement no.03618 -9- IN WITNESS WHEREOF,the parkies have caused this Agreement to�duly executed intending to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s} By: have executed the contract an its behalf as required by applicable resalutions,ordinances,or charter Title: Director provisions State Aid for Loca1 Transportarion Date: By Date: CONIIvIISSI�NER OF ADMINISTRATION By T��e: �_.�.��.�.� Date: By. Date: Title: Agreement no.Q3618 -10- Resolution 13-37 May 7, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN RIGHT OF WAY FOR SP 128-091-004 (DOUGLAS DRIVE) WHEREAS, the City it is proposed to reconstruct CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road); and WHERAS, the Commissioner of Transportation is authorized by Minnesota State Statute 161.36 to act as an Agent of the City of Golden Valley; and WHEREAS, the City Council has authorized Municipal Consent for the proposed project. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley to appoint the Commissioner of Transportation to accept as its agent, federal aid funds which many be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 03618," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 13-38 May 7, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTIES FOR THE DOUGLAS DRIVE RECONSTRUCTION PROJECT WHEREAS, the City it is proposed to reconstruct CSAH 102 (Douglas Drive) from TH 55 to CSAH 70 (Medicine Lake Road); and WHEREAS, the City Council has authorized Municipal Consent for the proposed project; and WHEREAS, the approved project layout has identified five properties that need to be acquired entirely and are listed as follows: 1605 Douglas Drive 1435 Douglas Drive 6300 Winsdale Street 6300 Phoenix Street 2300 Douglas Drive NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley to authorize the Director of Public Works, or her designee, to acquire the properties pursuant to MnDOT Agreement 03618 approved by the Golden Valley City Council on May 7, 2013; and in accordance with applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations, that have identified as total acquisitions by the approved Douglas Drive project layout. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. OFFICE 952.448.4630 800.448.4630 FAx 952.448.4676 / S 1 O N. CHESTNUT STREET SUITE 200 CHASKA, MINNESOTA 55318 DEVELOPMENT SERVICES LLC WWW,WILSONDEVELOPMENTSERVI�ES.COM April 30,2013 Jeannins Clancy Director of Public Works 7800 Golden Valley Road Golden Valley,MN 55427 Re: Residential Acquisition&Relocation Services Proposal Douglas Drive Project Dear Ms. Clancy; I am writing to respond to your request to provide an acquisition&relocation consultant services proposal far up to 5 single family displacement for the voluntary acquisition phase of the Dougias Drive Project. Project Workload Name Address Teresa Filipczyk 1435 Douglas Drive No. Golden Valley,MN 55422 David J.Minikus 6300 Phoenix St. Golden Valley,Mn 55427 Robert&Claire Alber 6300 Winsdale St. Golden Valley,MN 55427 Jesse M Struve 1605 Douglas Drive No. Golden Valley,MN 55422 Armand D.Maanum,et al 2300 Douglas Drive No. Golden Valley,MN 55422 The City may add or substitute one property for another in an effort to reach willing sellers or additional parcels are determined to be total takes. Scope of Services Acquisition&Relocation It is the intent of this proposal to provide relocation consultant services to successfully complete the displacements. All work will be done in accordance with Uniform Real Property Acquisition and Relocation Act of 1970,as amended,49CFR Part 24 and Minnesota Statutes Chapter 117. Typical Acquisition Services 1. Attend a start-up meeting(s)with city staff and project team to coordinate the work program,schedule and procedures. 2. Establish and continue both communication and consultation with designated city staff and counsel from the city attorney's office as appropriate. Consult with the city staff regarding negotiating parameters. 3. Send early project notification letter to affected property owners.(New MnDOT requirement) 4. Prepare and present a written offer of city approved valuation to acquire fee interests required on each of the parcels. 5. Prepare a field title report which reports the results of an interview(s)of the property owners and the results of a field inspection of the acquisition area for any evidence of occupation or use by third party(ies). 6. Review and reconcile title information,field title report,and any other information affecting marketable title to determine all interests and parties in the property. Consult with city staff and city attorney, as appropriate,for the opinion(s)concerning title issues. 7. Prepare forms, instruments and supporting documentation. All forms and instruments are subject to prior review by city staff and city attornsy's office. 8. Meet with property owners or their representatives,as appropriate,at places and times that are mutuatty convenient to present the project,provide and obtain information and to acquire the designated interest on the property. 9, Negotiate with properiy owners with diligent and good faith efforts putting forth a reasonable attempt to negotiate personally with the owner of the property in order to acquire the designated interest on each o the properties. 10. Maintain file and owner contact log. Typical Residential Relocation Services The project is currently a voluntary acquisition program with no relocation eligibility. 1. Maintain reIocation files on each displacee to be turned over to the Agency at comptetion. Forward capies of all letters to displacees initiated by us to the Agency. 2. Maintain a log of all contacts with properly owners and displacees. 3. Meet with properiy owners to explain process,procedures,program benefits and responsibilities under the Uniform Act. 4. Determine eligibility for relocation assistance. 5. Prepare preliminary relocation budget after initial contacts. 6. Prepare General Information Notice for all displacees. 7. Prepare Notice of Relocation Eligibility, 8. Prepare comparable housing study,establish comparable housing unit,prepare corresponding notice and make site referrals. 9. Prepare 90-Day and 30-Day Notice to Vacate. 10. Prepare moving specifications and secure competitive bids. I 1. Prepare all claims and provide proper documentation as required by the Uniform Act. 12, Inspect replacement sites and determine if Section 8 Housing Quality Standards(Decent Safe&Sanitary) have been met. 13. Meet with staff/attorney on a rimely basis to maintain communication and keep staff and boards informed of each individual claim. 14. Provide monthly summary/invoice of each contact sorted by displacee,date and description of services performed. Contract Price 4 Owner Occupant $3,000 each $12,000.00 1 Exception Maanum Property $5,000 $ 5,000.00 Total Maximum Not to Exceed $17,000.00 We propose to provide the above services and product for a maximum not to exceed amount of$17,000. We will bill on a time and material basis based upon the following 2013 charge rate schedule: Principal: $120/Hr. Associate: $9S/Hr. Office Manager: $85/Hr. Assistant: $75/I-Ir. Mileage: IRS Rate Copies: $.15 each Postage,other: At cost We will only charge for times actually provided up to the maximum. Thank you for the opporiunity to submit this proposal. Please call with any questions. Si erel�, r , --. Daniel H.Wilson Owner cc: Mark Ray Approved by: Eric Seaburg Thomas D Burt,City Manager Gl��1 C)� Public Works Department 763-593-8030/763-593-3988(fax) � � �n ��: Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. I. Call for Public Hearing to Vacate Easements in the Plats of Dahlberg Commerce Center P.U.D. No. 61 and North Wirth Business Center P.U.D. No. 100 (4200 and 4310 Dahlberg Drive) Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary The owner of 4200 Dahlberg Drive, Koch &Sons Trucking, has proposed to purchase a portion of the North Wirth Business Center property in order to expand its parking lot to the sauthwest. The two planned unit developments will be re-platted as part of the sale of the property. During the platting process, it was determined that existing easements on the properties need to be vacated before the final plats are approved. Consistent with City Code, the preliminary plat includes the dedication of drainage and utility easements on each lot. In general, the proposed easements are similar to the existing easements, except where modified to better accommodate the existing public utilities. Staff has sent a letter to all private utility companies requesting their review and comment. It is anticipated there will be no objections to this easement vacation. No notice to the Commissioner of Natural Resources is required for this vacation. If City Council approves the call for public hearing, staff will publish and post a notice of public hearing and send letters to all affected property owners consistent with state statute. Attachments • Easement Vacation Sketch for Proposed North Wirth Business Center PUD (showing easements to be vacated) (1 page) • Easement Vacation Sketch for Proposed Koch Trucking PUD (showing easements to be vacated) (1 page) • Preliminary Plat for North Wirth Business Center PUD (showing proposed easements) (1 page) • Preliminary Plat for Koch Trucking PUQ (showing proposed easements) (1 page) • Resolution Establishing a Public Hearing on May 21, 2013 to Consider Vacation of Drainage and Utility Easements in the Plats of Dahlberg Commerce Center P.U.D. No. 61 and North Wirth Business Center P.U.D. No. 100 (2 pagesj Recommended Action Motion to adopt Resolution Establishing a Public Hearing on May 21, 2013 to Consider Vacation of Drainage and Utility Easements in the Plats of Dahlberg Commerce Center P.U.D. No. 61 and North Wirth Business Center P.U.D. 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NO. 61 AND NORTH WIRTH BUSINESS CENTER P.U.D. NO. 100 WHEREAS, the City desires to consider vacation of all platted drainage and utility easements dedicated in the recorded plat of North Wirth Business Center P.U.D. No. 100, legally described as follows: Lots 1 and 2, Block 1, North Wirth Business Center P.U.D. No. 100, Hennepin County, Minnesota. WHEREAS, the City desires to consider vacation of all platted drainage and utility easements dedicated in the recorded plat of Dahlberg Commerce Center P.U.D. No. 61, legally described as follows: Lot 1, Block 1, Dahlberg Commerce Center P.U.D. No. 61, Hennepin County, Minnesota. WHEREAS, the City desires to consider vacation of portions of easements of record lying within Lot 1, Block 1, Dahlberg Commerce Center P.U.D. No. 61, Hennepin County, Minnesota, described as follows: Watermain easement (Document No. 6017620) Drainage and Utility easement (Document No. 5672226) NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on May 21, 2013, at 7 pm to consider vacation of the easements. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. L'l��1 C)j� � Planning Department 763-593-80951763-593 8109(fax) ..�� .. w m �;:��. � ` , _ �� .� Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. J. Continued Item -Approval of Plat and Authorization to Sign Subdivision Development Agreement- Mitchell Addition Prepared By Joe Hogeboom, City Pfanner Summary At the April 3, 2013 City Council meeting, the Council held a public hearing on the Preliminary Plat for the minor subdivision of Mitchell Addition (228 Meander Road). After the hearing, the Council approved the Preliminary Plat which will allow two new developable lots. At the April 16, 2013 City Council meeting, the Council continued this item because the applicant requested that the Final Plat be revised to make Lot 1 four feet wider in width. The Final Plat of Mitchell Addition has now been presented to the City. Staff has reviewed the Final Plat and finds it consistent with the approved Preliminary Plat and the requirements of City Code. Attachments • Subdivision Development Agreement- Mitchell Addition (6 pages) • Resolution for Approval of Plat- Mitchell Addition (1 page) • Final Plat of Mitchell Addition (1 page) Recommended Action Motion to adopt Resolution for Approval of Plat- Mitchell Addition. Motion to authorize the Mayor and City Manager to sign the Subdivision Development Agreement. SUBDIVISION DEVELOPMENT AGREEMENT Mitchell Addition AGREEMENT dated this 7th day of May, 2013, by and between the City of Golden Valley, a Minnesota municipal corporation (the "City"), and Golden Valley Land Company (the "Developer"). 1. Request for Plat Approval.The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Mitchell Addition, which land is legally described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property"). 2. Conditions of Plat Aqproval.The City has approved the subdivision and the plat on the following conditions: a. Conformance to, and inclusion of, all provisions of the Final Plans for Mitchell Addition dated January 31, 2013, prepared by Terra Engineering. b. Payment of all applicable fees including a Park Dedication fee of$9SO.OQ and other fees identified in the current fee schedule. c. Incorporation of any easements necessary to accommodate trails and walkways, drainage, wetlands, floodplain, streets and utilities. d, Marketable title in the Developer, if the City attorney determines a title review is necessary before final plat approval. e. It is the present intention of the City Council not to grant to the Developer any variances for the subdivision. f. The Developer must show on the preliminary Grading Plan that the overflow drainage from the wetland is maintained across the property. g. The properties must achieve compliance with the City's Inflow and )nfiltration Ordinance, prior to occupancy of the homes. 3. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controis, platting or dedication requirements enacted after the date of this Agreement. 4. Development Plans.The subject property shall be developed in accordance with the approved plans, original copies of which are on file with the City Department of Public Works. If the plans vary from the written terms of this Agreement,the written terms shall control. 5. Installation bv Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Developer lmprovements."The 1 grading, erosion control and landscaping shall all be made in accordance with City approved plans. a. Setting of Lot and Block Monuments b. Surveying and staking of work required to be performed by the Developer. c. Gas, electric, telephone, and cable lines prior to building occupancy d. One set of sewer and water services per dwelling prior to building occupancy e. Installation of driveway aprons f. Other items as necessary to complete the development as stipulated herein or in other agreements 6. Gradin�, Drainase/Site Gradin�/Erosion Control and Clean up. Site grading for each lot shall be completed by the Developer, or his assignee, at its cost in accordance with the Stormwater Management Permit for each lot issued and approved by the City at the time of home construction. If required, such activities shall also be approved by the Bassett Creek Watershed Management Commission and be in accordance with an NPDES permit. The Developer or its assigns shall comply with the terms of the Stormwater Management Permit issued for each home. The Developer, or his assignee, shall obtain a tree preservation permit for each lot. 7. Permit. The Developer hereby grants the City, its agents, employees, officers and contractors a permit to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the site development including home construction. 8. Assessment for Public Works Costs. a. The Developer shall obtain the appropriate permits for and install sewer and water services to said Lots 1 and 2 & driveway aprons for said Lots 1 and 2 as determined by the City Engineer. The Developer is required to obtain necessary Right of Way (ROW) permits and utility permits from the City. b. The Developer or contractor working on each new home will need to obtain a Point of Sale Permit, complete the required inspections, and achieve compliance with the City's Inflow and Infiltration Ordinance, prior to occupancy of the homes. c. According to the plans submitted by the Developer, the street pavement and subgrade of Meander Road may be impacted during the utility and driveway construction. According to the City's restoration s#andards, cutting open a pavement less than five years old requires an advanced level of restoration. The City Engineer wiil determine the restoration measures and extent at the time of utility and right- of-way permitting. d. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of 2 such claims, including attorney's fees. 9. Park Dedication. The Developer agrees to pay a park dedication fee in the amount of $950.00 at or before the time of execution o#any plat by the City. 10. Propertv Fees, Charges and Assessments.The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. 11. Developer's Default. In the event of default by the Developer as to any of the work to be performed by its hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 12. Miscellaneous. a. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. b. Third parties shall have no recourse against the City under this Agreement. c. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of#his Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council, The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement shall run with the land and may be recorded against the title to the property. The Developer agrees to provide the execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. g. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting 3 may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. h. The Developer may not assign this Agreement without the written permission of the City Council. i. It is the present intention of the Council not to grant to the developer variances for this subdivision. 13. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Golden Valley Land Company 510 Cloverleaf Drive Golden Valley, MN 55422 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 4 IN WITNESS WHEREOF,the parties have hereunto set their hands the day and year first above written. CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor By: Thomas D. Burt, City Manager DEVELOPER By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2013, by Shepard M. Harris, Mayor, and Thomas D. Burt, City Manager, of the City of Golden Vatley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Cauncil. Notary Public STATE OF MINNESOTA j ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by Matt Pavek, on behalf of the said Developer. Notary Public 5 ATTACHMENT 1 Lots 1 and 2 Mitchell Addition, Hennepin County, Minnesota Resolution 13-31 May 7, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - MITCHELL ADDITION WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Mitchell Addition covering the following described tracts of land: That part of Lot 3, Block 3, lying Westerly of the following described line: Beginning at a point in the North line of"Tralee" 20.3 feet West of the Northeast corner of said Lot 3; thence Southeasterly on a course parallel to the Easterly line of said Lot 3 and same extended, to a point of intersection with the East line of said Lot 3, "Tralee." WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. � _ - E -- € o a � o �v�`�' �'� I E � �° «9t "_� O - _ > _ �.� E Z "E° °'� I v � �Ea =�� o �o�, - - � g 3 n ol � ' _ � � r.� Y - d v �fr � v E`� � � _o '� i f - � T �� _ ` ' � 9 - " �&'n _ o�� _ - � � � - � _ r o PN � c �I �h c �E _ ='E` .. .. •• a � - .. �' - _u� �EE c o _a " w ` m � - �� a _ °- �vO ,��t' o �E > - .E 3 - .E - �' .. � - •E S °E � o ci ,, o i� °°o.c c ° u,`o_c .�" c°� mu z s m m z i E'.,-0 -4� � z i °E - ' o m"� v;v °oV '- - - E - � - EE�; _ _ m o _ No o °v o a �v °y a` `> °'�' �.Eo' � ~ Y, .��. w _ olo a�o� c; o °s � _ � � t � ra wv-- � � �. o � � « m « 3`.,n _ F _ E . 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U � � � 1 i azN Ma o �z � v O N � � I �� c �N � o .. I �,v� `o� ° L-� � � ° E°c�. s Ol-� �ii CN ctN� W � i �m= ro E"�Y � g . o � _a� ��' .°'.a::E i m�o $a °L °� m �o�o (� °° �) Z • o Q " d� �L �-�� ; � , ��, ��,� F�nance Departm.ent 763-593-8013/763 593 8109(fax) � _ r . �-� a�� • .-� _ Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. K. Acceptance of Donations- Electronic Reader Board Prepared By Sue Virnig, Finance Director Summary Minnesota Statutes 465.03 and the City's donation policy states that a resolution needs to be approved by the majority of the Council before a donation is accepted. The City received a $500 donation from the Golden Valley Garden Club. Staff has recommended this project be added to the ongoing donation list. Future donations could be accepted for improvements, maintenance, etc. if the donation follows the city policy regarding usage of the sign. Attachments Resolution Accepting Donations far the Electronic Reader Board and Add to Ongoing Programs (1 page) Recommended Action Motion to adopt Resolution Accepting Donations for the Electronic Reader Board and Add to Ongoing Programs. Resolution 13-40 May 7, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR THE ELECTRONIC READER BOARD AND ADD TO ONGOING PROGRAMS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a two-thirds majority. NOW, THEREFORE, BE IT RESOLVED that the City Council will accept donations for the Electronic Reader Board and recognize all donations at the end of the year as an ongoing program. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. ��1 C?� Finance Department ?63-593-8013 l 763 593 8109{fax) ,� .� - � _- _ �..., _ Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. L. Call for Public Hearing- Covenant Retirement Communities Bonds - 5/21/13 Prepared By Sue Virnig, Finance Director Summary Covenant Retirement Communities d/b/a Cotonial Acres, 5800 St. Croix Avenue, has contacted the City to ask us to hold a public hearing for them to issue 5 million in bonds by the Colorado Health Facilities Authority ("COHFA"). The proceeds of the Bonds will be loaned to Covenant Retirement Communities, Inc., an Illinois not for profit corporation (the "Corporation"), or certain affiliated corporations. Up to$5,000,000 of the proceeds of the Bonds will be used in the City, together with certain other moneys, to (i) pay or reimburse the Corporation or Colonial Acres Home, Inc. (d/b/a Covenant Village of Golden Valley, Colonial Acres Health Care Center, Covenant Heritage House and Woodside Terrace) for the payment of the costs of acquiring, construc#ing, equipping, remodeling and renovating long-term care facilities, including, without limitation, the acquisition, construction, equipping, remodeling and renovation of independent living and health care facilities. The City is required to hold a hearing to follow Section 147 (f) of the Internal Revenue Code of 1986 as amended.This does not constitute a general obligation or indebtedness of the City. A Resolution will be considered following a public hearing. Attachments • Resolution Calling a Public Hearing for the Purpose of Providing Host Approval for the Issuance of Revenue Bonds by the Colorado Health Facilities Authority to Finance the Construction and Equipping of Colonial Acres (d/b/a Covenant Village of Golden Valley) (3 pages) Recommended Action Motion to adopt Resolution Calling a Public Hearing for the Purpose of Providing Host Approval for the Issuance of Revenue Bonds by the Colorado Health Facilities Authority to Finance the Construction and Equipping of Colonial Acres (d/b/a Covenant Village of Golden Valley). Resolution 13-41 May 7, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION CALLING A PUBLIC HEARING FOR THE PURPOSE OF PROVIDING HOST APPROVAL FOR THE ISSUANCE OF REVENUE BONDS BY THE COLORADO HEALTH FACILITIES AUTHORITY TO FINANCE THE CONSTRUCTION AND EQUIPPING OF COLONIAL ACRES (D/B/A COVENANT VILLAGE OF GOLDEN VALLEY) BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City") as follows: WHEREAS, Covenant Retirement Communities, Inc., an Illinois not for profit corporatian (the "Corporation"), has requested that the Colorado Health Facilities Authority ("COHFA") adopt a plan of financing providing for the issuance of revenue bonds (the "Bonds") in one or more series in an aggregate principal amount not to exceed $80,000,000 (the "Bonds"), up to $5,000,000 of which will be used to (i) pay or reimburse the Corporation or Colonial Acres Home, Inc. (d/b/a Covenant Village of Golden Valley, Colonial Acres Health Gare Center, Covenant Heritage House and Woodside Terrace) for the payment af the costs of acquiring, constructing, equipping, remodeling and renovating long-term care facilities, including, without limitation, the acquisition, construction, equipping, remodeling and renovation of independent living and health care facilities; (ii) fund a debt service reserve fund if deemed necessary or advisable by the Corporation or COHFA; (iii) provide working capital to the Corporation if deemed necessary or advisable by the Corporation or COHFA; (iv) pay a portion of the interest on the Bonds if deemed necessary or advisable by the Corporation or COHFA; and (v) pay certain expenses incurred in connection with the issuance of the Bonds; BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City") as follows: 1. That a public hearing be held to consider the issuance of the Bonds; and 2. That the public hearing be held an Tuesday, May 21, 2013, in the City Council Chambers, Golden Valley City Hall, 7800 Golden Valley Road, in the City of Golden Valley, Minnesota, at 7 pm; and 3. That public notice of the hearing be given in accordance with Section 147(fl of the Code; and Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 13-41 - Continued May 7, 2013 EXHIBIT A NOTICE OF PUBLIC HEARING A public hearing will be held on Tuesday, the 21 st day of May, 2013, in the City Council Chambers, Golden Valley City Hall, 7800 Golden Valley Road, in the City of Golden Valley, Minnesota (the "City"), at 7:00 p.m., or soan thereafter, on behalf of the City, on the proposal for the Colorado Health Facilities Authority ("COHFA") to issue bonds in an aggregate principal amount not to exceed $80,000,000 (the "Bonds"). The proceeds of the Bonds will be loaned to Covenant Retirement Communities, Inc., an Illinois not for profit corporation (the "Corporation"), or certain affiliated corporations. The Bonds will be issued in one or more series pursuant to the Colorado Health Facilities Authority Act, Colorado Revised Statutes 25-25-01, et seq., as amended, as part of a plan of finance to provide the Corporation and its affiliates with moneys for projects located in the States of Colorado, Illinois and Washington, and in the Cities of Golden Valley, Minnesota and Grand Rapids, Michigan. Public approval by the State of Colorado has been or will be obtained following a public notice and public hearing in the State of Colorado regarding the Bonds and the projects financed in that State. Public approval by the State of Illinois has been or will be obtained following a public notice and public hearing in the State of Illinois regarding the Bonds and the projects financed in that State. Public approval by the State of Washington has been or will be obtained following a public notice and public hearing in the State of Washington regarding the Bonds and the projects financed in that State. Public approval by the City of Grand Rapids, Michigan has been or will be obtained following a public notice and public hearing in the City of Grand Rapids, Michigan regarding the Bonds and the projects financed in that City. Up to $5,000,000 of the proceeds of the Bonds will be used in the City, together with eertain other moneys, to (i) pay or reimburse the Corporation or Colonial Acres Home, Inc. (d/b/a Covenant Village of Golden Valley, Colonial Acres Health Care Center, Covenant Heritage House and Woodside Terrace) for the payment of the costs of acquiring, constructing, equipping, remodeling and renovating long-term care facilities, including, without limitation, the acquisition, construction, equipping, remodeling and renovation of independent living and health care facilities; (ii) fund a debt service reserve fund if deemed necessary or advisable by the Corporation or COHFA; (iii) provide working capital to the Corporation if deemed necessary or advisable by the Corporation or COHFA; (iv) pay a portion of the interest on the Bonds if deemed necessary or advisable by the Corporation or COHFA; and (v) pay certain expenses incurred in connection with the issuance of the Bonds. All of the improvements financed by the proceeds of the Bonds in the City are owned and operated by Colonial Acres Home, Inc. (d/b/a Covenant Village of Golden Valley, Colonial Acres Health Care Center, Covenant Heritage House and Woodside Terrace). The facilities to be financed with the proceeds of the Bonds are located at the following main address or location, 5800 St. Croix Avenue in Golden Valley, Minnesota 55422. Resolution 13-41 - Continued May 7, 2013 The Bonds when issued will be a limited obligation of COHFA and will not constitute a general obligation or indebtedness of the City, the City of Grand Rapids, Michigan, the States of Colorado, Illinois or Washington, or any political subdivision thereof, including COHFA, nor will the Bonds constitute an indebtedness for which the faith and credit and taxing powers of the City, the City of Grand Rapids, Michigan, the States of Colorado, Illinois or Washington, or any political subdivision thereof, including COHFA, is pledged to the payment of the principal, premium or interest with respect to the Bonds. The public hearing is required by Section 147(f� of the Internal Revenue Cade of 1986, as amended. Written comments may be submitted to Susan M. Virnig, City Clerk of the City at her office located at 7800 Golden Valley Road, Golden Valley, Minnesota 55427 (763/593-8010) until May 21, 2013. NOTICE DATED: May 2, 2013 By/s/Susan M. Virnig City Clerk, City of Golden Valley, Minnesota �Z�� C�� Park and Recreation Department 763-512-2345/763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 3. M. Authorization to Sign Agreement with Hennepin County for Purchase of Tennis Nets Prepared By Rick Jacobson, Director of Park and Recreation Summary The City, in cooperation with Twin City Tennis, applied for and was awarded $2,500 through the Hennepin County Youth Sports Grant Program. The grant money will be used to purchase nets for the courts used by the Park and Recreation Department's tennis program as well as general resident use at Brookview and Wesley Parks. Attachment Agreement for Golden Valley Brookview and Wesley Park Tennis Nets (9 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign Contract No: A139447, Agreement for Golden Valley Brookview and Wesley Park Tennis Nets with Hennepin County for the purchase of tennis nets. Contract No: A13044$ AGREEMENT FOR GOLDEN VALLEY BROOKVIEW AND WESLEY PARK TENNIS NETS This Agreement is between the County of Hennepin, State of Minnesota("COLINTY"), A-2300 Government Center, Minneapalis, MN 55487, and the City of Golden Valley, 7$00 Golden Valley Road, Golden Valley, MN 55427 ("LOCAL UNIT OF GOVERNMENT"herein "LGU"). Recitals 1. Section 473.757, subd. 2 of Minnesota Statutes authorizes Hennepin County to make grants for youth activities and youth and amateur sports within Hennepin County with certain funds collected as part of the sales tax authorized in Section 473.757, subd. 10 of Minnesota Statutes, 2. Pursuant to Hennepin County Board Resolution 09-0320R3, Hennepin County created the Hennepin Youth Sports Program. The Hennepin Youth Sports Program makes grants for youth sports and activities and amateur sports within Hennepin County. 3. In 2012, as part of the Hennepin Youth Sports Program, by Resolution No. 13-0111, Hennepin County authorized an award of$2,500 to the LGU for tennis nets for Brookview and Wesley Parks. NOW, THEREFORE, the parties hereto do hereby agree as follows: The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT The LGU agrees to complete and provide all necessary documentation for payment for the Project described in Section 2 between May 1, 2013 and April 30, 2014. The COUNTY agrees to contribute, an amount not to exceed $2,500 to the LGU for the Project. 2. USE OF FUNDS The LGU shall use all funds received under this Agreement for construction of the Project in accordance with the application submitted by the LGU to the Minnesota Amateur Sports Commission. The application for the Project dated March 1 l, 2013 is on file with Hennepin County and this application is incorporated into this Agreement by this reference. The LGU shall be solely responsible for securing all additional funds needed for completion of the Project. The parties shall cooperatively and collaboratively develop Project marketing including but not limited to a permanent plaque or sign, news releases, public announcements, social media,video, civic opportunities, logos and community events. The LGU shall not unreasonably refuse or withhold participation from any COUNTY initiated marketing project,plan or strategy. The LGU shall provide advance copy of the LGU's independently developed messaging and marketing materials regarding the Project to COUNTY for review and approval. COLJNTY may, in its sole discretion, reject any proposed marketing if COLTNTY determines the proposed marketing does not reflect the spirit or intent of the Project,this grant or is otherwise contrary to COUNTY's best interests. Upon completion of the project,the LGU shall provide information, data, statistics and other metrics related to the project, facilities, participants and/or related activities, including but not limited to usage numbers,who is using the park, and what changes in usage were noted. This information shall be provided within one year of completion and on an annual basis for two years thereafter. 3. PAYMENT FOR SERVICES All funds shall be paid to LGU after COUNTY has agreed that the Project is complete, demonstrated by a Certificate of Occupancy when applicable or an Affidavit of Project Completion (See Attachment A). In addition, The LGU shall submit invoices for Project expenses with a letter which will be furnished by the COUNTY (see Attachment B). If the total cost of the completed Project is less than the amount identified by the LGU in the budget the LGU submitted for the Project, the COLJNTY's payment will be reduced based on a pro rata share of the difference between the budgeted amount and the actual amount. Payment shall be made directly to the LGU upon the presentation of a complete claim in the manner provided bylaw governing the COUNTY'S payment of claims and/or invoices. Payment shall be made within forty-five (45) days from receipt of the invoice. 4, PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR LGU shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting LGU as the agent, representative, or employee of the COUNTY for any purpose. LGU is and shall remain an independent LGU for all services performed under this Agreement. LGU shall secure at its own expense all 2 personnel required in performing services under this Agreement. Any personnel of LGU or other persons while engaged in the performance of any work or services required by LGU will have no contractual relationship with the COUNTY and will not be considered employees of the COLINTY. The COLINTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against LGU, its officers, agents, LGUs, or employees. LGU shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including,without limitation,tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION A. In accordance with the COLTNTY's policies against discrimination, LGU agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION LGU agrees to defend, indemnify, and hold harmless the COLJNTY, its officials, officers, agents,volunteers and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of LGU, a subcontractor hired by the LGU, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of LGU to perform any obligation under this Agreement. Nothing in this Agreement constitutes a waiver by the LGUs of any statutory or common law defenses, immunities, or limits on liability. The LGUs cannot be required to pay on behalf of themselves and COUNTY to a third party, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for COiJNTY and LGUs may not be added together to determine the maximum amount of liability for LGUs. 3 8. DATA PRACTICES LGU, its officers, agents, owners,partners, employees,volunteers and subLGUs shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If LGU creates, collects, receives, stores, uses,maintains or disseminates data because it performs functions of the COLJNTY pursuant to this Agreement,then LGU must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. LGU agrees to defend, indemnify and hold harmless the COLJNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from LGU's officers', agents', owners', partners', employees', volunteers', assignees' or subLGUs' uniawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. LGU agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA, The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS —AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, LGU agrees that the COUNTY,the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents,papers, records, etc.,which are pertinent to the accounting practices and procedures of LGU and involve transactions relating to this Agreement. LGU shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS SUBCONTRACTING AND ASSIGNMENTS A. LGU binds itself, its partners, successors, assigns and legal representatives to the COLINTY for all covenants, agreements and obligations contained in the contract documents. B. LGU shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COLINTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by LGU,the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. 4 C. LGU may subcontract for the services to be performed pursuant to this contract. Permission to subcontract, however, shall under no circumstances relieve LGU of its liabilities and obligations under the Agreement. Further, LGU shall be fully responsible for the acts, omissions, and failure of its subLGUs in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subLGUs. Contracts between LGU and each subLGU shall require that the subLGU's services be performed in accordance with the terms and conditions specified. LGU shall make contracts between LGU and subLGUs available upon request. 1 L MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If LGU fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless LGU's default is excused by the COLJNTY,the COLINTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COLINTY to delay payment until LGU's compliance. In the event of a decision to withhold payment,the COUNTY shall furnish prior written notice to LGU. B. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. C. The COIJNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same,unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. This Agreement may be canceled with or without cause by either party upon thirty(30) day written notice. If COLJNTY cancels this Agreement without cause 5 upon thirty days written notice, COUNTY shall pay the LGU reasonable expenses incurred prior to the notice of cancellation. E. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; iNDEMNIFICATION; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT PROCESSING AND ADMINISTRATION The Minnesota Amateur Sports Commission("MASC") will serve as staff liaison in the grant process administration. Responsibilities will include but not be limited to: forwarding all required grant processing documents to LGU; and forwarding appropriate documents to COUNTY for processing and/or execution (i.e., grant contract and invoice requests). MASC will serve as contact for grant administration andlor processing inquiries. Jan Craig Svidron, or successor, shall manage this Agreement on behalf of the COUNTY and serve as contract liaison between the COUNTY and LGU. 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. LGU shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, LGU shall comply with all applicable conditions of the specific referenced or attached grant. C. LGU certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COtJNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to LGU shall be sent to the address stated in the opening paragraph of the Agreement. 6 16. PROMOTIONAL LITERATURE LGU agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 17. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigatian will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 7 LGU AUTHORIZATION *LGU: By: Its: And: Its: organized under: Statutory Option A Option B Charter *LGU shall submit applicable documentation (articles, bylaws, resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time LGU returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. COUNTY BOARD AUTHORIZATION COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by the County Attorney's Office ATTEST: Deputy/Clerk of County Board Date: Date: And: Assistant/Deputy/County Administrator Date: 8 ATTACHMENT A Affidavit of Project Completion This document is to be completedforprojects receiving Hennepin Youth Sports Program Grants where a Certificate of Occupancy,per Minnesota Rules 1300.0220, is not required to be issued. I hereby certify that: 1. The facility/structure listed below is not subject to the conditions of Minnesota Rules 1300.0220 2. This document shall serve in lieu of a Certificate of Occupancy. 3. The construction of the facility is completed as outlined in contract AXXX with Hennepin County 4. The facility is safe to be occupied by the public. 5. The required signage/plaque is in place per county guidelines Facility Address: zoo aROokr,e�,� e,�.,Ny � (�d.DE� v+�.�.�, M^� sr�+sb PIN (if applicable): Legal Description: � Zoning District: Owner Name: c,rY ,� �„Af,�, ,v,A� Address: ��oo teo�ao,+ v�a-u.c-. 2c.�r.. City State Zip: ��,,,A� v�u.c, , N,.� ss-�z� Phone: -,�3-sh3-s�000 Comments: Name of Grant Recipient: G�T� olt C�c�Ln�► V��-, Name of Authorized Official (print) Title Signature Date This document is to be mailed to: Kimberly A. Spates and Lynda Lynch County Administration Minnesota Amateur Sports Commission 300 S.6th Street A-2303 1700 105`h Avenue NE Minneapolis,MN 55487 Blaine,MN 55449 9 c:i�� oMf � Planning Department 763-593-8095/763-593-8109�fax} W�".��k�� `��"`��dm�� ._,.... , . ,�&��f+ti&VId�'�C�?'h��a��d�8�1(�I��'�� i��18��1a'al,yp(� ,.'a..�;��hil�4�'� .�. Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 4. A. Public Item -Appeal of Board of Zoning Appeals Decision - 1325 Zealand Avenue North Prepared By Joe Hogeboom, City Planner Summary At the April 23, 2013 meeting of the Board of Zoning Appeals (BZA), the homeowner at 1325 Zealand Avenue North was denied a variance from City Code that would allow a second story addition to extend into the side yard setback area. The homeowner was also denied a variance to allow the new addition to be built without wall articulation. The home at 1325 Zealand Avenue North was constructed in 1959 and did not meet the setback requirements at the time. In 1993, variances were granted to bring the house and garage into conformance. While the current structure is allowed to be located in the setback area, all new construction must follow current setback requirements. The homeowner's proposal requires a 6- foot side yard setback on the north side of the lot. The proposed second story addition, which would be located over the existing first floor footprint, would be 3.7 feet away from the north side yard property line at its closest point, therefore requiring a variance. The homeowner has stated that he may be able to redesign his plan to achieve wall articulation requirements. The BZA denied both variance requests. In order to approve a variance request, the BZA (or the City Council, if a BZA ruling is challenged) must consider the following items: 1. Is the variance in harmony with the purposes and intent of the ordinance? 2. Is the variance consistent with the comprehensive plan? 3. Does the proposal put the property to use in a reasonable manner? 4. Are there unique circumstances to the property not created by the landowner? 5. Will the variance, if granted, alter the essenrial character of the locality? While the BZA generally agreed that the proposal does satisfy the first four requirements, the majority of the BZA opined that the proposal would alter the essential character of the locality due to extending the impact of an already-close wall to the north property line. While state statute provides language for establishing findings, it does not further define what "essential character" is, nor does it establish what the parameters are for "locality." In this instance,the majority of the BZA considered "essential character" to be one level houses, and the "locality"to be the 1300 block of Zealand Avenue North. A neighboring property awner also shared this view. Mr. Yershov believes "locality" has a broader meaning, defining a larger neighborhood or even the entire City of Golden Valley. Mr. Yershov is exercising his right to appeal the BZA's ruling to the City Council. The City Council has the authority to grant variances if it finds that the request meets the intent of the abovementioned requirements. Attachments • Location Map (1 page) • Memo to the Board of Zoning Appeals dated April 23, 2013 (1 page) • BZA Appeal Form submitted by Aleksandr Yershov (2 pages) • Unapproved Board of Zoning Appeals minutes dated April 23, 2013 (5 pages) • Zoning Code Variance Application (4 pages) • Property Survey (1 page) • Proposed Plans (4 pages) • Photos of the Property (4 pages) Recommended Action Staff serves to provide technical data for variance requests. However, staff does not recommend for or against individual petitions. Therefore, staff outlines two possible courses of action: Motion to affirm the action of the Board of Zoning Appeals on April 23, 2013 denying the requested variances. o r; Motion to grant a variance from Section 11.21, Subd. 11(A)(3)(c) (Side Yard Setback Requirements) allowing 2.3 feet off of the required 6 feet to a distance of 3.7 feet at its closest point to the property line. Motion to grant a variance from Section 11.21, Subd. 11(A)(3)(d) (Articulation Requirements). , _ � , � � 1508 1�9 t 1510 1509 I 1504 ' 4 I , 1 � � �� 1505 � 15fl4 1505 � ' i , t 1500 � i � 8640 6600 a� 1500 l i P 1601 � � P�� ' t �P � � L ... _ _ ° _ .- _ _ �, _ _ _ r _ _ .. �.� ... _ _ _ _. _ . _j � � _ _ .�wiRSdalaSt— _ _ _ _ _ _ _ _ , � . ' 8841 1423 / 1431 t / + f r 8541 �, Wpsl@yr P�N( " , 1426 1�15 � , 14Y0 1419 y. .a° �..�� Subject Property t�A 7418 14C1 P - , . '-.� � i 1412 1 `� � 14 � . ,�y w. .r i� 1 `� �' �' 1 S40 � / O �� $ w "°•. r ' / . �, � T335 � `.✓�, �. : '� t f 1381 ��' �33� 1319 f� ., ` 1320 ! �`�. .t 13Z5 1354 �� 1315 � �" . � � b f J 1350 1355 � ,�� .- �. , 1335 ' 1320 '1q'¢ � 1346 � 1305 1315 ;i 1310 ' � t 1342 1315 � ' � � � � 1309 { 1330 � ; 1305 � 1300 85�2 1341 7 t� � i320 i301 � � J �t � g� I W c U m � z .. _ _. _ + ,,,p.. ... � .� .,. _ .- _� 1 P�mouth Ave N~ '" � �' � ti - y SS3b � -� ' n 1298 ��9 �' A 1298 � - '� r 8515 f t° `�/ . � r $525 / � � �, . 8535 ; 129� 7297 .. �IYACOffCON`YIMCMIS'Cw/T'YR(GiIOGLiG1S11Y.i �b61i Cl�� U� a''�� .gt: , ��e�t � �+C�.. �'� Planning Department 763-593-8095/763-593-8109(fax) Date: April 23, 2013 To: Board of Zoning Appeals From: Brett Angell, Planning Intern Subject; 1325 Zealand Ave. N Aleksandr Yershov, Applicant Background Aleksandr Yershov, owner of the property at 1325 Zealand Ave. N, is seeking variances from City Code to ailow for the construction of a second story addition on his home. The proposal requires variances to allow#he side yard setback to be reduced from 6 feet to 3.7 feet and to allow the new wall along the north side to be 46.16 feet in length without articulating. Variances were issued for this property in 1993 to bring the existing home and garage into conformance in order to build an addition. Variances The proposal requires variances from the following sections of City Code: • Section 11.21, Subd. 11(A)(3)(C) Side Yard Setback Requirements City Code requires that the side yard setback of a lot with the width being 65 feet or less be no less than twenty percent (10%) of the lot width. If the structure is to go above fifteen (15) feet, an additional half(0.5) foot of setback is required for each additional two (2) feet in height above fifteen (15)feet. The applicant is seeking 2.3 feet off of the required 6 feet to a distance of 3.7 feet from the closest point of the proposed second story addition to the north side yard property line. • Section 11.21, Single Family Zoning District (R-1), Subd. 11�A)(3)(d)Articulation Requirements City Code requires any wall longer than 32 feet in length to be articulated. The applicant is asking for the north wall of the proposed addition to be 46.16 feet in length without articulation to allow for the construction of a second story addition. APPEAL FORM BOARD OF ZONING APPEALS DENIAL DATE: �/�.��/� TO: Golden Vailey City Council FROM: Petitioner Name: f��.�-��v �°-��Lc,v � Ad d re s s: %:3 Z,�' �-c�.�e.�,L.� /�V-� L.c,c� �1/�ar�, �� r,�,L,, �/''�/�N �l�'1� CJ' Phone: (�� c�—O�"3 I Street address of property involved in this petition: /3 2� ��,��c�.�c� N ��C�.t-L.<- /V'�✓� If you are not the owner of all of the property involved in this petition, give the name of the owner and describe the petitioner's interest (legal and othen�vise) in this property: ,��,�.� �l� i��.,r� � -� L��s-�--�'�i/ y�z�v��-7�l _ � Waiver requested and denied was: '�� . e�-� �-� �'l� t-�..��.�,��-� �� n .r..� ��r�t�r�.�� C�� .�,��-� t��.f �� ;G,� �� . .��.��..�CLW�;>h�� Ca�� , �/`'�- l.�,/� L✓�/f _nT �1�� /.�j�I��r,Lu��l ,/'�z�c,.�y C r'°a�-, �ta r'�t f/°t�../� T7�. %��, (O.,A�r��7�= wI`�`s a2�,:� O�.r�� C,s..Y+�L, — ��.�_u L.�-�-�: �l� n��, �� s�'.� 1�1��.��y�'� 1�� T C��%r��.A' �� c c� C-�^�� „ t��'c=c� l,4 �i C-�l-, t'�r��r+°�.��/-,4�� {/ �t.�. ��,c.� � �,.� C� �c.L �..�/�,�?,�o;y��., ��.�...�.�rS . 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Attach 7 copies of the site plan and/or drawings that may clarify the requested variance. If your plan is 11" x 17" or smaller, only one copy is needed. Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals April 23, 2013 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, April 23, 2013 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Nelson called the meeting to order at 7 pm. ;;; Those present were Members, Fonnest, Johnson, Maxwell, Nelson and;Rianning ;, Commission Representative McCarty. Also present were City Plann��; J'o�;,�-logeboom and Administrative Assistant Lisa Wittman. f !_� ��;: ;�. 1. Approval of Minutes — February 26, 2012 Regular Me�ting ,, �. ,�� MOVED by McCarty, seconded by Johnson and motion carried unanimousiy to approve the February 26, 2012 minutes as submitted. I1. The Petition(s) are: � .�3t. ',�,#:� �� f 1325Zealand Avenue North fs�'` �, `' ° Aleksandr Yershov, Applicant ('�3=04-0�4�° � Request: Waiver from Sec#ion�1�1 21;Single Family Zoning District (R-1), Subd. 11(Aj(3)(c) Side Yard Setback Requirements • 2.3 ft. off of the required 6 f#. to a distance of 3.7 ft. at its closest point to #he side yard (north) property;line. ?i,. � Purpose: To a�lovy:�#or the.construction of a second story addition. ,� 4�; ;; :; 'J;�� ,, 3 :; ; , {x,z; Requ�st: Wa,i,ver f�om Section 11.21, Single Family Zoning District (R-1), Subd:.1�i(A)(3��d) Articulation Requirements • City Code requires any wall longer than 32 feet in length to articulate. The applicant is asking for the north wall of the proposed addition to be 46.16 ft. �in length without articulation. Hogeboom referred to a survey of the property and noted that variances were granted in 1993 to bring the existing house into conformance. He explained the applicant's proposal to construct a second story addition and stated that the side yard setback requirements for this property are 5 feet on the north and 10 feet on the south. However, since the height of the proposed second addition is 18.2 feet the north side yard setback requirement increases to 6 feet. The second variance request is to allow the proposed walls to be longer than 32 feet without articulating. Minutes of the Golden Valley Board of Zoning Appeals April 23, 2013 Page 2 McCarty asked if the requested variance matches the same variance granted in 1993 and if it would be in the same location, 3.7 feet from the north property line. Hogeboom said the proposed second story addition would be on the same wall as the existing house. Aleksandr Yershov, Applicant, stated that in order to have a family they need more than a two bedroom house. He stated that the house is already built where it is on the lot and he can't move it and there are other two-story homes in the area. He,�x�tetl;,�hat in regard to the articulation request, he could possibly articulate the walls l��it he wo�uld lose approximately 64 square feet of space. �_ ''_,, � ;�� fF. ax, Maxwell noted that the entire wall wouldn't have to move, just a�portion of��it. He<<. � ;�:. suggested that the loft area shown on the plans could articulat� by two'feet in order meet the articulation requirements. Nelson asked about the proposed ceiling heights. Yershov st�ted that the walls are 18.2 feet in height measured to the top plate. Nelson asked`at�t�ut th�e°sqt��re footage of the proposed addition. Yershov said the proposed addition would be approximately 936 square feet in size. Hogeboom explained how #he height of�a��ouse3is me��ute��and noted�that in this case the height would be measured to the botto�n of:the eave and not to the mid-way point of the highest gable. Maxwell noted that the uniqueness af,this lot is th� way the existing house is situated and that it is a long, narrow �ot Hetask�d the applicant if there is anything else he feels 3;:. is unique about the proper�yrp. Yers�iov agreed with Maxwell that the uniqueness of the lot is the way the house is si�[��d on the !ot and reiterated that he is trying to grow his family in this neighb��;ho,Qd. ''`; ��t ' a ,F��, �: #�'; Nelson asked th�:applr�an� if he:has considered any other options. Yershov said they considered constru�ting?the second story addition on the south side of the existing house but tF�e`p�umbi'ng a�ready exists on the north side which would allow the proposed master bathroom to be located directly above it. Nelson asked if any consideration had been given to constructing back toward the rear yard instead of up with a second story��Yershov stated that there is only a crawl space under the existing house,.�here is��o basement. Also, an addition on the back on the home would take most of the,q��ck yard space which he doesn't want to do, so extending the house any other way doesn't make sense. McCarty questioned if the side yard setback should really be greater than 6 feet. Hogeboom clarified that for lots iess than 65 feet in width the side yard setback increases one-half of a foot per two feet of height for structures over 15 feet in height. Minutes of the Golden Valley Board of Zoning Appeals April 23, 2013 Page 3 Johnson referred to the comment regarding other two-story homes in the area and said he did not notice any when he looked at the property. Yershov said there are homes to the rear of his that have finro stories. Nelson stated that the proposed height of the wall on the north side will have a huge impact on the neighbor to the north. She asked the applicant if he has considered constructing a story and a half addition instead of a full two-story addition. Yershov said he doesn't think that would look good or make sense financially. He added;that:the proposed second story addition is not on top of the entire existing hous�, just a �ortion. F�.. McCarty asked the applicant if he has considered demolishing th�#garage an� tying a new garage into an addition. Yershov said that the garage has b '�;'n mc�a��d back�in the � lot finrice in the past. He said that the existing driveway currerit��y.ta��S;2'#to 3 hours to shovel so he doesn't want to move the garage any further back�=He��o saj� #�at he doesn't want to have an attached garage because of ca�on monoxide}dar�g`er. He stated that he has spent the winter planning this addition and��e is;trying to improve the character of the property and add value to Golden Va11ey:�:He reitera�ed that it doesn't make sense to pay the same amount of money for;a story and a half addition and get 50% less space. , � t�, Nelson opened the public hearing. � � David 7hompson, 1319 Zealand Avenue�,Nort�i�,� said he'�has lived in his house since 1969 and has raised five children,in it. Her.�tate�E�hat there are seven houses on this block that have the same roof line and ttiese are small lots with small houses "shoe horned" in on them. He saidii�tfhese variance requests are approved this house will stick out like a light house and won't fit in with the neighborhood. The lot is just too small for that big of a house.:�� '' �� Seeing and hea{ring no one e�se w��hing to comment, Nelson closed the public hearing. ,� °` � Nelson said she feels th�t=the un5ique circumstance in this case is that the house was ori inall b�i�'�too; los�,to the north side ard ro e line. She said she thinks the � , _ pr pos d;{�lan�is nice��ut�she is concern d beca se will Strongly impact the neighbor to the north and she is not sure how the house would fit in with the rest of the neighborhood., Fonnest stated it appears that a lot of sunlight wi11 be cut off from the neighbor to the north. Johnson said he also has some ofi the same concerns about the size of the house. He said he is also concerned about the property being located approximately in the middle of the block because it will seem even more imposing. He added that the lack of articulation will magnify the size of the house and that the property isn't designed for something this big. Minutes of the Golden Valley Board of Zoning Appeals April 23, 2013 Page 4 Maxwell noted that the applicant can build a second story addition. The question really is what plane he can build it on, the existing plane of the house or inside that plane. He said the issue is if the Board is witling to grant a variance to allow a second story addition on the existing wall of the house. Johnson agreed and added that the Board also has to consider the impact on the neighborhood. Maxwell stated that the requested variance is not regarding the height, it is a side yard setback variance. McCarty agreed and noted that when the height of the h��'�;goes a�bove 15 feet the side yard setback increases which in this case neces��t�a'tes a�'=,�;, variance. He said he thinks the proposed addition will impact the loc�lity`�t�d even : . though the applicant is allowed to build a second story addition�th�;$oard dQesn't n�ed to enable him to build it too close to the property line. Maxwell agt�eed but said th��the Board should not deny the variance based on how tall the hou�is' ,��arty s_ai�!' it is difficult justifying this variance request when all the other house�, in�th� area=�e one story. Nelson agreed and added that the applicant bou�h��.#his si�e of hou�e�'�on this size of lot. � � �;; Yershov questioned what "locality" the Board is considering,�if it's one street, one block or several blocks. He asked the Board if they are considering,the development of the City. He stated that the house was built in 1955 when,people�had different needs and added that the City is discouraging young families from moving in by not allowing improvements to their homes. He stated that he has;no control over where the house was originally built and for him to builcl a longer house because his lot is long makes no sense. He reiterated that there are`other two-staty homes in this area and he doesn't understand why he can't build�a sei�onc� story when other neighbors can. McCarty said that the Board is not sayingz�#�iat a��sec�p�d story can't be built. He added that there are : ; ,.� �_.� many nice homes in Golde�y Valle��that'a�� on 40 foot wide lots. Nelson agreed and said she thinks there is a w��;�he`applicant can build a second story addition without the need for variances. l(ershov;questioned how he could build a second story without needing variances. He.said:the Board's discussion has been based on feelings and emotions and he is tryir�g,to und�rstand how residents can develop their properties within the existing regulations. Maxwell explained that the Board has four criteria that they need�ta��consider�when,reviewing variances. In this case the issue is with the criteria regard�ng altenng the essential character of the locality and the houses along this street a�e aM��ne story houses. Yershov said that�is not true and that the Board is only looking at�a fev�r of the houses on Zealand Avenue. °} Johnsori��x�l�[�ied that it is not unprecedented for the Board to grant variances but there is something to be said for the impact to the existing houses already on the street and what this proposed addition would do to their property values. McCarty suggested removing the variance regarding articulation since the applicant has said he's willing to articulate the walls of the proposed addition. Nelson read from the League of Minnesota Cities guidelines regarding variance requests and practical difficulties where it states that variances, if grated, will not alter Minutes of the Golden Valley Board of Zoning Appeals April 23, 2013 Page 5 the essential character of the locality. Under this factor the Board should consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. Yershov again questioned the definition of locality. Hogeboom stated that the City does not define "locality." The language regarding locality is from state statute and is up to the Board of Zoning Appeals to interpret. He noted that the Applicant has the right to appeal the Board's decision to the;Ci�y.�ouncil. McCarty agreed that the word "locality" is ambiguous. �, Johnson stated that #he scale of the proposed addition is the factprwdriving�hi�opinion in � this case. Johnson agreed and stated that houses that are too tri�tion lot,��that a��oo small negatively impact the properties around them. She said�he��a�'��support ffiis variance request because she feels the Board has a responsibili�y to=�phold�tli'e City's zoning laws and this proposal is impacting the essential,��aracter=of the locality. Maxwell stated that the Board has granted varianc�s`for second'�tory additions located on the same plane as the existing house in the past. He added that to him locality means the street the house is on. Johnson said he thinks it is;possible to find a solution but the Board can only consider the propo�al cta�rer�#in front,of them. " ,. MOVED by Johnson, seconded by Nel�o'n and;rnotiqn c�rried 4 to 1 to deny the request for 2.3 ft. off of the required 6 ft. to�a4distanc��of 3.7 ft.'at its closest point to the side yard (north) property line in order`'t4 build�,�� secc��d story addition. Ma�nrell voted no. $�„ ,, :; ;:,. MOVED by Johnson, secor��ed by,Nelson and motion carried unanimously #o deny the request to allow the propdsed addition to be 46.16 ft. in length without articulation. II1. Other Business No other business;was discussed. :.f.:�,,� . IV. Adjou�nrner�� ,a ,;; ,, The meetin� wa�;adjoumed at 8:17 pm. ��, � Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison ��tyof olden g va � Zoning Code Variance Appiication 1. Street address: �3�5 ��-��( ��''L �• �!�l�cQLo� �i�11 �.�1�✓ S�'yZ 2. Applicant Information: Name: J`t ��iC,Sk1��X�✓ �-fif''d U-Ov , Address: /3 2� ��w�A,L.c.� �� /U , . ��1�. �lI-u, , c�,�.0 ss yt� fmail Address: (.�--V11�Ys�o v � 4 u.u��L, e.ot,,,. ��• �`)�/�C'1�S�C�'�1� : ...� G,i',,,,C,".�' f�✓`�. Phone Number: G�2-' �3 G.- oS"3 ! �`� i 3. Provide a detailed description of need for a variance from the Zoning Code, including: • Description of building(s) " • Description of proposed addition(s) • Description of proposed alteration(s]to property � i s�i' �sc. (Y�P. � X 2 Y a w•ot �u,• � oo fm- dt�,, ��-��C... l�c.,e o'�' �, �.� � e�o.�• l.o f f'lrok.. '�c,. i�or�1�. Q4.,.sf f�,,. l.��. '�o �u'/� � .s.�cou c� �L ��or. w�'c� c,,,�I � Ce�c�vf-� O�. tZt�'t�� h�r��ua.� o� '��- �St •� {or�r �c.o��r�► � w/t�v.e��r S Tn �Clli's�i� �du,�cG�i�k�r, p'pP��^ s7�rYIl.P�rt T�.- Sc�v f.� ��t�L �..�// es� �!�-e ho r�- S/'� ot� �l� Lo'� t�.l� � �6`.7 ��. �R.A �.,'�.. � �� c��i�u �i ua �n f4.. ,,,,�/�. T�- a-�i l�a�,.�c. a�c,-r.�.. f4.. �-io r�i �,..e!/ o f �� l.c�c.sc. ae��f� 3 e�c.v�. v�c�/ D t� v �u� �o�l'� �co t�S.G /'S �ne �4,a.�, /S�� f��e. 7'�Y o�.ot r st.a� G��'-7_�t Grl�.. 'fGt4lt�� C�7�t,� �ts�t,..e,Gw �. �t�.o I�i�e.��r,.� 4. Minnesota State Statute 462.357 requires that a property exhibit "practical difficulties" in order for a variance to be considered. Practical Difficulties: • result in a use that is reasonable. • are based on a problem that is unique to the property. • are not caused by the landowner. • do not alter the essential character of the locality. To demonstrate how your request will comply with Minnesota State Statute 462.357, please respond to the following questions: Explain the need for your variance request and how it will result in a reasonable use of the property. f i�. h.ttc� �or � V.Oli�►.A� >",GQ � /j � � /t�G. T�. C�!S�r' Sf�� ,,.�t �a�.'/f d,7�'��y. 1�'l�+� .s �' �j�.'�� w�ti 7`� rC�,'� � V S��-�t.�i'�.n (,i:<. ��.co►ti �- Qv,'le�,�w ��+�.G��9,� �C. te�.soh To r �i►cl�.r'�t�. �s � i%a�r.,c,� (�t'v,'�I s�zs_e.t, ri..-'��.,., �i.at.11t. What is unique about your property and how da you feel that it necessitates a variance? .��,,a-�"C.'�� u.cov� Js�.�' �'�.. ��'i.s�i7.r.�1 �c�.t�,�%on ot°��.. u ��,� w � 4•�� o� � �,��u s��u�.� w�� •� d� u y�'qr.�rs s a� � si��o•- , w�� ,�.��.��. ��urt.'��Ct �► v��r� �c.. Explain how the need for a variance is based on circumstances that are not a result of a landowner action. Ti�,- GYs't�i'�-�P �--��T''.��c o� '��- �o�..0 l�.�s Ga�� ,dra'�r !Eo �- ��... �r�'� Ow�vs�-,'� o� ��r.��i�im�,f� s�iwG�xrt. Explain how, if granted, the proposed va�iance will not alter the essential character of your neighborhood and Golden Valley as a whole. T`wz. � a�� o�.�-.�+�5 i� �e%P'_c.: V�ll-u,t �et��o°i�oo�f�� V�- .LGGO�-s.� L`� O t.,. �.�,yi�' h rohl�F.,,�• -i � G.7�i�,Q� �Ge.. /s�itoi-�e� -7� 1/ro�ry',r.�,�t.�- G��/i�a,y9nvut �� D Vzv c�.l� NR�is.G.S O f (�D�� AU�i /�/ll�i�� . 5. The City requests that you consider all available project options that are permitted by the Zoning Code prior to requesting a variance. The Board of Zoning Appeals will discuss alternative options to seeking variance with you at the public hearing. Please describe alternate ways to do your project that do not require variances to the Zoning Code. IMi�f�► COl�St+��dv+ �tn ��lolf�•tll�rl+�+� l.�i��.t�V��S/��✓7 I�� f l�✓'/�tr� OH- �7G�ILOr-r.'�.(� A�^I TJ�' Str.ouG( (�-ut.L �.GL✓�II'f�'ssa/��.r.�i4lbt . •�T Wi�f �ccic.�t� 9�4,�T /yoS✓i� l�l�wlT..��'� o��t �i�/ s�,y�:��c.c.�/N . � Up�-7J�-G� ��Vi�� S � . ,�c.tl /�..-��'G�. i„�i'u yuu.�.t �4.. 2'``�L�-vc.L �c.��'1�i�. ,vrb��T �,.H r�s�Lo�w-�c. a: d1�,. GXTO.�.t.c ,wrl/ w,f a�s�� . r�s�./�. � -- -- 7 6, Please submit a current survey of your property. You must indicate the proposed addition, including new proposed building and structure setbacks, on the survey. A copy of Golden Valley's survey requirements is available upon request. Please note that this application is considered incomplete without the submittal of a current property survey. 7. Please submit at least one current color photograph of the area affected by the proposed variance. You may attach a printed photograph to this application, or you may email a digital image to plannin�@goldenvallevmn.�ov. You may submit additional photographs as needed. -� To the best of my knowledge the statements found in this application are true and correct. I also understand that unless construction of the action applicable to this variance request, if granted, is not taken within one year, the variance expires. i have considered ali options afforded to me through the City's Zoning Code,and feel that there is no alternate way to achieve my objective except to seek a variance to zoning rules and regulations. � 1 give permission for Golden Vailey staff, as well as members of the Board of Zoning Appeais,to enter my property prior to the public hearing to inspect the area affetted by this request. i e of Applicant If the applicant is not the owner of all property involved in this application, please name the owner of this property: Print Name of owner Signature of owner $150 Application Fee Attached (for Single Family Residential) $250 Application Fee Attached (for all other Zoning Districts) Please note: The City of Golden Valley will send notice of your variance request to all adjoining property owners as well as owners of properties directly across streets or alleys. 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' = ' f3'=,� �''`� lr � 'Y,'+' "�� ` ,� � r� :: ��Tf-!t £ .! r .''�- . a ___—__—___ � -i��i' . - - - .,; � : � � � I � f3-�' J,. � .i_�`?* i ..a :f - - ��+►... � } : � Y. �� , — ;� r% '�-�, i ,� ; w' ,� � ,�t f� �. F, � /� I �A� �'7� � � � � '�. � ,i � a11� ;t . � ,-. s�= :,,�i,' ' _ �aY i '��i� ,. . t � �%✓'e?' - . ^^r' ./, ,1�J�J jf ,y, � t '�t�� .�,. +: N � +r�'ry.�� `,.!/l/�'i ��'�t` '`S'��n � � r� a� � i , � �, � , # ��3;,,. �,� l, , y ^v�� 1. ,,:,, ��''�r� , t- ', r;l�n �a ,t`�x,' �" f �` i � �t`� �, '�I�.i�..r.a�. .R._! . t �� Ci�t Administration Council � � 763-593-80Q3/763-593-8109(fax} Executive Summary For Action Golden Valley City Council Meeting May 7, 2013 Agenda Item 6. A. 1. Executive Session - Stephen and Andrea Dargi vs City of Golden Valley Lawsuit and Condemnation of 2241 legend Lane (Dargi House) Prepared By Thomas Burt, City Manager Summary The City Council will hold a closed Executive Session immediately following the City Council Meeting in the Manager's Conference Room. The purpose of the meeting will be to discuss the Stephen and Andrea Dargi vs City of Golden Valley lawsuit and condemnation of 2241 Legend Lane (Dargi House) with legal counsel. No other subject will be discussed.