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06-04-13 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 4, 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. Presentation of Certificate of Recognition - Arbor Day Poster Contest Winners 3 D. Receipt of Community Partnership Grant from CenterPoint Energy 13-47 4-5 E. Board/Commission Oath of Office and Presentation of Certificate of Appointment 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 - April 3, 2013 and Council/Manager 6-17 Meeting -April 9, 2013 B. Approval of Check Register 18 C. Licenses: 1. Solicitor's License - Twin Cities Public Television 19-21 2. Solicitor's License - J. P. Mooney Consulting Inc. on Behalf of Century Link 22-24 3. Therapeutic Massage Facility License - C-Haus Services Inc. d/b/a Salon 25 Adagio 4. Therapeutic Massage Certificate - Enrique Juan Solano 26 5. Therapeutic Massage Certificate - David Jeremy Draper Steffl 27 6. Therapeutic Massage Certificate - Cynthia Lee 28 D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals -April 23, 2013 29-33 2. Joint Water Commission - April 3, 2013 34=37 3. Environmental Commission - April 22, 2013 38-40 4. Envision Connection Project Executive Board - April 18, 2013 41-43 5. Bassett Creek Watershed Management Commission -April 18, 2013 44-51 E. Authorization to Sign Agreement with Bassett Creek Watershed Management 52-66 Commission and WSB & Associates, Inc. for Feasibility Study for 2015 Bassett Creek Restoration Project F. Call for Public Hearing - Easement Vacations - The Colonnade - PUD #53 - Arcata 67-74 Apartments - 6/18/13 13-48 G. Approval of Traffic Signal Upgrades at Xenia Avenue and Golden Hills Drive 13-49 75-77 H. Acceptance of Donation - Golden Valley Federated Women's Glub for Concerts in 78-79 the Park Series 13-50 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt 80-81 Liquor License Renewals B. First Consideration - Ordinance #499 - Amending Section 10.32 Regarding Definition 82-95 of Animals and Keeping of Chickens C. First Consideration - Ordinance #500 -Amendment to the 2013 Master Fee 96-97 Schedule - Chicken Coop License and Initial Investigation D. Authorization to Sign Amended PUD Permit - The Colonnade - PUD #53 - Arcata 98-106 Apartments -Amendment#5 E. Announcements of Meetings F. Mayor and Council Communications 7. ADJOURNMENT Cl�� C�� ; City Administration/Council ?63-593-8003 i 763-593-8109(fax) :� . ��... ..,.�' ��?�;��.:� �.�. �.=a°. ' L�� . M:�: � Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 1. C. Presentation of Certificate of Recognition -Arbor Day Poster Contest Winners Prepared By Shep Harris, Mayor Summary As part of the Arbor Day activities celebrated with the fourth grade class at the School of Engineering and Arts located at 1751 Kelly Drive a poster contest was held. The contest winners have been invited to attend the meeting to receive a Certificate of Recognition. Listed below are the winners: Ms. Gentry's Class Christian Mundt Eileen Norwood Kha-Tu Phan Ms. Kinville's Class Sean Thao William West Lindsey Batz Mr. Wulff's Class Olivia Andersen Kali Borsch Miriam Manna �� Fire Department 763-593-8p79/763-593-8098(fax) � Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 1. D. Receipt of Community Partnership Grant from CenterPoint Energy Prepared By Mark Kuhnly, Fire Chief Summary The Fire Department made application for, and was awarded a $1,000 Community Partnership Grant offered by CenterPoint Energy. The grant will be used toward the purchase of firefighter protective equipment. The protective equipment includes hoods, gloves and helmets. A representative fram CenterPoint Energy will be at the meeting to present the grant. Attachment Resolution Accepting Donation from CenterPoint Community Partnership Grant (1 page) Recommended Action Motion to adopt Resolution Accepting Donation from CenterPoint Community Partnership Grant. Resolution 13-47 June 4, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT 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 simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $1,000 from CenterPoint Energy Community Partnership Grant, for firefighter protective gear (hoods, gloves and helmets) 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. Regular Meeting of the City Council April 3, 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 April 3, 2013 at 6:30 pm. The following members were present: Clausen, Harris, Pentel, Scanlon and Schmidgall; Also present were: Thamas Burt, City Manager; Jeannine Clancy, Director of Public Works; Jack Sullivan, Assistant City Attorney; and Judy Nally, Administrative Assistant. Pledqe of Alleqiance The Pledge of Allegiance was recited. Hennepin Counfiy Sheriff Rich Stanek Sheriff Stanek gave an overview of the Sheriff's Department and answered questians from the Council. Major Huggett updated the Council on the status of the Golden Valley dispatch center. Bob Staupe, Watch Commander was also present. The Council thanked Sheriff Stanek and staff. Acknowledqment of Retirement of Ron Nims. Proiect Manaqer The Council acknowledged the retirement of Ron Nims, Project Manager who worked for the City for 43 years. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Harris administered the oath of office and presented a Certificate of Appointment, mugs and city pin to: Larry Fonnest, Board of Zoning Appeals; Roxanne Sienko, Civil Service Commission'. Kyle Turner, Environmental Commission; Jason Boudreau-Landis, Planning Commission and Amy Clements, Human Services Fund. Rich Baker, Planning Commission, was unable to attend. Approval of Aqenda MOVED by Scanlon, seconded by Clausen and motion carried unanimously to approve the agenda of April 3, 2013 as amended: addition of Proposal Regarding Envision Board of Directors. Approval of Consent Aqenda MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the agenda of April 3, 2013 as submitted. Regular Meeting of the City Council April 3, 2013 Page 2 *Approval of Minutes - Citv Council Meetinq - Februarv 5, 2013 MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the City Council Meeting minutes of February 5, 2013 as submitted. *Approval of Check Reqister MOVED by Scanlon, seconded by Schmidgall 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 Schmidgall and motion carried unanimously to authorize the issuance of the license as recommended by staff. *Gamblinq License Exemption and Waiver of Notice Requirement - Rotarv Club of Golden Vallev, Minnesota MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Rotary Club of Golden Valley, Minnesota. �Solicitor's License - Custom Remodeler's Inc. MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to approve the solicitor's license for Custom Remodeler's Inc. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the minutes as follaws: Planning Commission - February 11, 2013 Bassett Creek Watershed Management Commission - February 21, 2013 *Winnetka Streetscape Precast Base Rehabilitation - Bids MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to award the bid for the 2013 Winnetka streetscape precast base rehabilitation to the lowest responsible bidder, Blackstone Contractors, LLC for $147,630. The bids were as follows: Blackstone Contractors, LLC $147,630 Sunram Construction, Inc. $156,344 Regular Meeting of the City Council April 3, 2013 Page 3 *City Hall Messaqe Siqn - Quotes MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize the purchase of a city hall LED message board from the lowest responsible bidder, Sign Source Creative Solutions for $27,175.50. The quotes were as follows: Sign Source Creative Solutions $27,175.50 Signcrafters Outdoor $35,550.00 Serigraphics Sign System $47,307.80 *Bobcat Toolcats - Quotes MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to purchase a 5600 and 5610 series bobcat toolcat from the lowest responsible bidder, Tri-State Bobcat Inc. for the total amount of$99,984.05 (including tax). The quotes were as follows: Farm Rite Equipment $52,101.56 (including tax) Tri-State Bobcat Inc. $50,299.35 (including tax) *2013 Pavement Manaqement Prouram: Award Contract and Authorization to Siqn Aqreement with SEH, Inc. for Construction Observation and Enqineerinq Services MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to award the bid for 2013 Pavement Management Program from the lowest responsible bidder, Valley Paving, Inc. for $2,693,361.01. The bids were as follows: Valley Paving, Inc. $2,693,361.01 Northwest Asphalt $2,696,927.75 Palda & Sons, Inc. $2,824,606.26 C.S. McCrossan Construction, Inc. $2,972,094.50 Thomas & Sons, Inc. $3,240,338.97 MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize the Mayor and City Manager to sign the contract with SEH, Inc. for observation, construction, staking, and engineering services for the 2013 Pavement Management Program for an amount not to exceed $186,600. *Authorization to Siqn Aqreement with WSB & Associates, Inc. for Development of Pavement Manaqement Svstem MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize the City Manager to sign the Supplemental Agreement with WSB for development of a pavement management system for $59,500. Regular Meeting of the City Council April 3, 2013 Page 4 *Approval of Plat and Authorization to Siqn PUD Permit and Development Aqreement - Tiburon Fiftv Five PUD #111 Member Scanlon introduced the following resolution and moved its adoption: RESOLUTION 13-21 RESOLUTION FOR APPROVAL OF PLAT - TIBURON FIFTY FIVE P.U.D. NO. 111 The motion for the adoption of the foregoing resolution was seconded by Member Schmidgall 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. MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously authorize the Mayor and City Manager to sign the PUD permit and Development Agreement for Tiburon Fifty Five PUD No. 111. *Receipt of Februarv 2013 Financial Reports MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to receive and file the February 2013 Financial Reports. Public Hearinq - Ordinance #496 - Approval of Amendment to Final Plan of Development, Lupient (MINI Cooper), PUD #63, Amendment 2,UAG Minneapolis B1, LLC, Applicant The following ordinance was MOVED by Schmidgall, seconded by Pentel: ORDINANCE NO. 496, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Amendment to Final Plan of Development Lupient (MINI Cooper), P.U.D. No. 63, Amendment 2 UAG Minneapolis 61, LLC, Applicant Joe Hogeboom, City Planner, presented a PowerPoint overview of the project and answered questions from the Council. Jeannine Clancy and Thomas Burt answered questions from the Council. Nolan Redding, Regional Project Manager, Penske Automotive, 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 April 3, 2013 Page 5 Public Hearinq - Ordinance #496 -Approval of Amendment to Final Plan of Development, Lupient (MINI Cooper), PUD #63, Amendment 2,UAG Minneapolis B1, LLC, Applicant - Continued MOVED by Schmidgall, seconded by Pentel and motion carried unanimously to adopt Ordinance #496, 2nd Series. Upon a roll call vote, the vote was as follows: CLAUSEN - YES HARRIS - YES PENTEL - YES SCANLON - YES SGHMIDGALL - YES Public Hearinq - Platted Drainaqe and Utilitv Easement Vacations - PUD #63 - Saturn Addition - 701 and 801 Louisiana Avenue South Jeannine Clancy introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to continue the public hearing for the platted drainage and utility easement vacation for PUD #63, Saturn Addition, 701 and 801 Louisiana Avenue South until the approval of the plat for MINICooper PUD No. 63 is considered by the City Council, which is anticipated to be April 16, 2Q13. Public Hearinq - Special Assessments - 2013 Pavement Manactement Area 13-22 Sue Virnig, Finance Director, introduced the agenda and answered questions from the Council. Jeff Oliver, City Engineer, and Jeannine Clancy answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-22 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE 2013 PAVEMENT MANAGEMENT AREA The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: 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. Regular Meeting of the City Council April 3, 2013 Page 6 Public Hearinq -Amendment to General Land Use Plan Map - Re-desiqnatina Properties Located at 9300 and 9310 Golden Vallev Road from Commercial-Office to Residential Hiqh Densitv Joe Hogeboom, City Planner, presented a PowerPoint overview of the project and answered questions from the Council. Jeannine Clancy answered questions from the Council. Marvin Liszt, Attorney representing J-HAP answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 13-23 RESOLUTION FOR AMENDMENT TQ THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPEGTING PROPERTIES LOCATED AT 9300 AND 9310 GOLDEN VALLEY ROAD The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: 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. Public Hearinq - Ordinance #497 - Rezoninq from Business and Professional Offices Zoninq District to Hiqh Densitv Residential Zoninq District (R-4) - 9300 and 9310 Golden Vallev Road - J-HAP, Inc., Applicant The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 497, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning from Business and Professional Offices Zoning District to High Density Residential Zoning District (R-4) 9300 and 9310 Golden Valley Road J-HAP, Inc., Applicant Joe Hogeboom, City Planner, presented a PowerPoint overview of the project and answered questions fram the Council in conjunction with the previous item, Amendment to General Land Use Plan Map - Re-designating Properties Located at 9300 and 9310 Golden Valley Road from Commercial-Office to Residential High Density. Regular Meeting of the City Council April 3, 2013 Page 7 Public Hearinq - Ordinance #497 - Rezoninq from Business and Professional Offices Zoninq District to Hiqh Densitv Residential Zoninq District (R-4) - 9300 and 9310 Golden Vallev Road - J-HAP, Inc„ Applicant - Continued 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. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt Ordinance #497, 2nd Series. Upon a roll call vote, the vote was as follows: Public Hearinq - Preliminarv Plat Approval - Meander Woods - 228 Meander Road - Matt Pavek. Applicant Joe Hogeboom, City Planner, presented a PowerPoint overview of the project and answered questions from the Council. Matt Pavek, applicant, stated the plat will be renamed Mitchell Estates 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. M4VED by Pentel, seconded by Scanlon and motion carried unanimously to approve the Preliminary Plat for Meander Woods, 228 Meander Road, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$950 shall be paid before final plat approval. 3. The City Engineer's memorandum, dated March 4, 2013 shall become part of this approval: 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memorandum. 5. All applicable City permits shall be obtained prior to the development of the new lots. Authorization to Siqn Amended PUD Permit - GV Civic Center PUD #56 -Amendment #3 Brett Angel, Planning Intern introduced the agenda item and answered questions from the Council. Jeannine Clancy answered questions from the Council. Regular Meeting of the City Council April 3, 2013 Page 8 Authorization to Siun Amended PUD Permit - GV Civic Center PUD #56 -Amendment #3 - Continued MOVED by Pentel, seconded by Clausen and motion carried unanimously to authorize the Mayor and City Manager to sign the amended PUD permit for Golden Valley Civic Center PUD No. 56, Amendment No. 3, to allow to allow for the construction of an accessory equipment shelter near the base of the water tower and the installation of wireless communications antennas on the water tower. Authorization to Siqn Equipment Buildina Lease and Develoqment Aqreement with Verizon Wireless for Communication Equipment on Civic Center Propertv Jeannine Clancy introduced the agenda item and answered questions from the Council. MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to authorize an Equipment Building Lease and Development Agreement with Verizon Wireless for Communication Equipment Placed on City Property. Announcements of Meetinqs A Low Maintenance Mowing Area in Parks Open House will be held on April 4, 2013 from 5 to 7 pm. Some Council Members may attend the Meadow Lane Fundraiser on April 11, 2013 at 6:30 pm at the Cinema Draft House. Some Council Members may attend the Golden Valley Federated Women's Club Spring Fling on April 27, 2013 at 11 am at the Radisson in Minnetonka. A Neighborhood Meeting will be held on April 25, 2015 at 7 pm at the Calvary Co-op apartments. The Council will hold Board/Commission interviews on April 9 at 5 pm and April 16 at 5 pm and April 25, at 5 pm The next Housing and Redevelopment Authority Meeting will be held on April 9, 2013 at 6:30 pm. The next Council/Manager meeting will be held on April 9, 2013 after the Housing and Redevelopment Authority Meeting. Some Council Members may attend the Golden Valley Historical Society Meeting on April 11, 2013 at 7 pm at the Golden Valley Historical Society. 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. Regular Meeting of the City Council April 3, 2013 Page 9 Announcements of Meetinqs - Continued Some Council Members may attend the Beyond the Yellow Ribbon Campaign an April 10, 2013 at 7 pm at the Crystal Community Center. Some Council Members may attend the Bridge Builders Spring Event on April 20, 2013 at 10 am at the Minnesota Department of Transportation building at 2055 North Lilac Drive. The Council will hold Board/Commission interviews on April 25 at 5 pm. Mavor and Council Communication Mayor Harris stated Hennepin County will be promoting the Step-To-It program on Kare 11 on April 5 at their newscast at 5 pm and requested the Council to let him know if they could attend. Proposal Reqardinq Envision Board of Directors Council Member Scanlon stated she recommends the Envision Connection Project Board should stay as it is and not become a formal Commission and requested staff to provide an update. Thomas Burt stated the item will be on the June Council/Manager meeting for discussion. Adiournment MOVED by Scanlon, seconded by Schmidgall and motion carried unanimously to adjourn the meeting at 8:50 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes April 9, 2013 Present: Mayor Harris and Council Members, Clausen, Pentel, Scanlon and Schmidgall, City Manager Tom Burt, Finance Director Sue Virnig, Police Chief Stacy Garlson, Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Communications Manager Cheryl Weiler, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Engineer Mark Ray, Graduate Engineer Eric Seaburg, Senior Citizens Coordinator Jeanne Fackler, Golden Valley Community Foundation Treasurer Luke Weisberg, Golden Valley Days Representative Scott Grayson and Administrative Assistant Lisa Wittman. The meeting began at 6:40 pm in the Council Conference Room. Proposed Ordinance Amendments — City Code Section 10.32 a. Animals and Fowl Keeping, Transporting, Treatment, and Housing Based on the Council's review of the chicken keeping ordinance staff has proposed changes. Jeannine Clancy explained the proposed changes including reducing the setback requirement from the principal structure from 50 feet to 10 feet, and removing the language requiring a 500-foot setback from impaired waters since the City's existing Shoreland Management ordinance has measures in place prohibiting certain structures from being within a specified distance to water bodies. The Council discussed their concerns including the protection of water quality, properly insulating/winterizing the coops, protecting chickens from cruelty and improper living conditions and balancing the costs to the City versus the cost of the licenses. After discussion the Council consensus was to add language to the ordinance regarding setbacks from wetland areas and to place the ordinance on a future Council meeting agenda for consideration. b. Definition - Animals Stacy Carlson stated that since the Council's review of this item last month, staff has done additional research on broadening the definition of"animal" to be more inclusive of eommon household pets currently not permitted. , The Council discussed the proposed changes and directed staff to include chickens in the definition of animals section and to place the ordinance on a future Council meeting agenda for consideration. Revision of Municipal State Aid Street Routes Jeannine Clancy discussed how the Municipal State Aid (MSA) street system operates. She stated that staff has reviewed the current Golden Valley MSA system and has identified the need for modifications to provide more consistency with the functional classifications contained in the Comprehensive Transportation Plan and compliance with State Aid standards. Mark Ray referred to a map exhibit and identified classes of streets being considered for removal from the MSA system including residential streets that no longer meet the statutory requirements, streets with portions unconstructed with no plans to complete construction and streets that do not carry appropriate truck and traffic volumes. The streets being added to MSA are either classified as major collectors or Council/Manager Meeting Minutes April 9, 2013 — Page 2 serve commercial and industrial areas. After discussion, the Council directed staff to place a resolution of support on the next regular City Council meeting agenda. Minnesota Department of Transportation Corridor Investment Management Strategy (CIMS) Pilot Solicitation Application Mark Ray stated that the Minnesota Department of Transportation is soliciting applications for its Corridor Investment Management Strategy pilot program which came from the Minnesota GO visioning process. He handed out maps and discussed five intersection projects along Highway 55 that will support local redevelopment, are part of a larger City project, or will reduce delay for vehicles traveling within Golden Valley. After discussion the Council consensus was to bring a resolution of support for a City CIMS application including the five intersection projects to the next regular City Council meeting. Douglas Drive Former Moratorium Study Area — New Zoning District Mark Grimes stated that staff is recommending that the Council consider changing the zoning of the former pouglas Drive moratorium area from Industrial to a performance zoning district. He explained that a performance zoning district would be more flexible and would allow uses with a Conditional Use Permit based on intensity of development rather than the use. Measures such as height, traffic generation, floor area ratio, environmental compatibility, energy consumption and impervious surFace coverage could be used when considering a performance zoning district use. The Council discussed how a perFormance zoning district is different than a mixed use zoning district, how this type of zoning district might attract development and other locations in the City where this type of zoning district may be appropriate. After discussion the Council consensus was to have the Planning Commission further study performance zoning districts and to develop performance zoning criteria for the Council to consider. Schuller's Tavern Request for Outside Patio Council Member Clausen stated that she requested this item be placed on the agenda. She said she realizes the biggest concern about rezoning the property to Commercial is the potential future use of the property, but she thinks it is fair to consider allowing Schuller's to have a patio. Tom Burt explained that the property is currently non-conforming and it would take a 4/5 vote by the Council to rezone it. The Council questioned if requiring Schuller's to place a covenant on the property regarding future uses would allow them to have a patio. Burt stated that a covenant on the property would place a burden on the City to enforce it and could also encumber the title of the property. The Council discussed the value of the property if it were rezoned to Commercial, the variances required to install a patio, where on the property a patio could be located, the concerns of the neighborhood, the possibility of"spot zoning" and the steps involved in rezoning and re-guiding the property to allow a patio. After discussion the Council consensus was to review the proposed new performance zoning district language when it is complete and to review a map of the property showing Council/Manager Meeting Minutes April 9, 2013 — Page 3 setback and right-of-way areas and where a patio could potentially be placed before considering Schuller's request. Human Services Fund, Envision/Connection Project Tom Burt gave a brief history of the Human Services Fund, the Envision/Connection Project and the Golden Valley Community Foundation. The Council discussed the difference befinreen the Human Services Fund and the Foundation and the use of staff time and the budgets for these groups. The Council discussion also included the amount of money and in-kind service the City is able to contribute to community groups and/or events, the role the City plays in marketing and staffing events, and the issue of the City's participation and marketing for other community groups and their events. After discussion, the Council consensus was that they would like to see the Envision Connection Project continue for another two years. They directed staff to prepare a resolution continuing the Envision Connection Project and to update the by-laws that would provide better direction and allow any Council Member to serve as a liaison. Council Member Pentel left the meeting at 10 pm. Council Salaries Sue Virnig explained that the City Code provides for the Council to review and consider amending Mayor and Council salaries every two years. Staff prepared a survey of salaries of elected officials in other metropolitan cities. The Council consensus was to not entertain salary increases this year. Sue Virnig stated that the Council will take formal action on the ordinance at the next regular City Council meeting. The meeting adjourned at 10:45 pm. Lisa Wittman Administrative Assistant �..��-� V� .,P:i!�, d �� Finance De artment �� - - r 763 593 8013/763-593-8109(fax) ;: �. � � �.��;��.�-��s€��. .:,.. ., . �- . Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. 6. Approval af 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 Recammended Action Motion to authorize the payment of the bills as submitted. �-�� i'1: City Administration/Council 7b3-593-3991 1763-593-8109(fax) �LL��_ �� _ Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. C. 1. Solicitor's License -Twin Cities Public Television 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 Twin Cities Public Television. 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 --�j�� TO: Golden Valley City Council Fee Paid: $ � 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler olicitor (circle o Enclose the sum of$_ I�for /�� (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. w °�vs �i`�-`�--`_� �c:��,�z- 1 -L'..�-Q..V � �17 v`• (Business or Individual Name or Organization to be Licensed) fV �� (MN Business ID or FEIN (Federal ID)for Businesslicenses) Define Business ` e 1 �r '� �i�'-'��` '�'" t.> �t�Le..- (:�i'^C��sa.�$=� �Frv'1�� (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or In ividual) � � ��.-- �,.- � ��' �- ��-�- �G.� N �� t (Address) �� • #�"��1� �� { City, State and Zip Code) ��t- ��-� - i �� (Telephone Number, including Area Code) NOW, THEREFORE, �Y��Z �7�,c.r� ��55��-� hereby makes application for (Applicant Name) period of� U� Z�i through 12/31/�, subject to the conditions and provisions of said City Code. �,�� (Signature of Applicant/Principal O#Ficer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): �v v�v�r.� 5� �� tMe.w• s 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: ��1�`��`� i i� ��M �r��Z �1��,c:w�. ��-�� t�(�'��—. C'3� u��f° ZZ�t — E�� `� G-� �� ,'� � tc�� e�� f�:.s ,Ti�v�� , rC� r�y��-� C.�cw�;�� y��'e___w�r-c�- U�� ('�S1 °2-2q - ��Z3 � ' � � Z ' �'!3 ` aa��`'� (If more space is needed, attach additional sheets) STATE OF(Y�'MI'VG��' ) )ss. COUNTY OF I�.NN��) I� l._.1/1� � �1�--��+� of �w�� :�5 �v�rj��L.. ��.�2�r��u�-� (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#o be true. F Signature of Applicant/Principal Officer) Subscribed and sworn to before me this � day of � , 20 �� (Signature) "o"�""'"�"'+"""^'wM° JUDtTH A. NALLY � NOTAAY F�t�I.�C-1HIN�'PII �:.�, Yj►Cow�Nio.6�plro.a.o.51,fOti � ��' t�� r �;�r .�;�r,; City Administration/Council 763-593-3991 /763 593 8109(fax) m . . � � , _.._.. F ._ _ _�� ,._ � ��_ . ��_ - .. Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. C. 2, Solicitor's License - CenturyLink 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 CenturyLink. Application and fee must be submitted to the City Manager's Office the 1l�ednesday Nrl�i to the City Council Meeting. Council Meetings are normally held the first an�1 third Tue�,�� of each month. � PEDDLER/SOLICITOR LICENSE APPLICATION �-7�CU� TO: Golden Valley City Council Fee Paid: $ J`� , 7800 Golden Valley Road Number of Persons: l Golden Valley, MN 55427 Type of License: Pedd�r �Solici �� i� o� Enclose the sum of$�for 1� (number) peddlers/solicitors as.requirec� ,y City Code of the City of Golden Valley and have complied with all the rec�i�ements �id Code necessary for obtaining this license. �� t� .. C�.�� .r,. �r. �r° C�n—�c�� —t h�C._. (Business or Individ Name or Org ization to be Licensed) ��' l7'S - S 5 17 � �t'7 (MN Business ID or FEIN (Federal ID) for Business Licenses) ` & � Define Busine s� pf'4 (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporati�on or Indivi �;<�� +�. . ' Qcy.,.� �-► �..� 'i`J�oo,r..� � (Address) S � � ��'`�3 ,�...�. �.. t`� 5 S�i 3 City, State and ' Code) ��3'"' �sa- �3��- �s�a (Telephone Number, including a Code) � � � `� NOW, THEREFORE, ereby ma�es applica�i�,�for Applica e) � period of through 1 /31/ , sub' ct to the onditions and pr�visions of�i� City Code. i na of Ap ' Principa ic ) Description of goods or services for sale (incluae prices) or indicate if sol�citing dona��'s. If more space is needed, attach additional sheets (be specific): �,� a- �.r��-}y ��' ��!(1� YUvC�� . � ,. �.,,,, NOTE: If the products for sale are changed or modified, you must give th� City com�� information regarding such change or modification. List the names and addresses of EACH person who will be peddling or s�liciting on ��,alf of said organization in the City, or, in the alternative, the name, address �nd telephqr�, number or numbers where a responsible person of said organization will maintain a�I ��f names and addresses of al1 persons engaged in peddling or soliciting in ��e City: � �. , ��.,.,� �r ��. �� -�'sZ�t,-g 6a�-I ,. , � ��t��' A��:��, a ,��. � � ,dk�.i�. .. , . ��-1;�: s ,��#+*4�' � - ;��'4;'��` �'1:-es' (If more space is needed, attach additional sheets) STATE OF�1��`�1� ) ) ss. COUNTY OF {.}�,,�}I�f�,p�1�`l ) �, h ics ' ..�- Of � �e ' �v�S� 1�^K._� (Officer/Individ al) (Name of rganiz�tion) 'v being first duly sworn, depose and say that all the foregoing information i��rue to hi��r own knowledge except as to matters therein stated on information and b lief, and a��o � ; such matters, he/she believes them to be true. n of Ap ' Pr' cipal O �x �`. Subscribed and sworn to before me this �� day of , 20� � � (Signature) , s JUDITH�. PlALLY �: NQTAR1r PtIBLIC-�!NlE�O?�! ',yy ''' Mr t�ren E�Ira J�a 3�,a01i Y �� Police Department 763-593-8p79/763-593 8098(fax) _�__.. -:....� :..: �:.r ... Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. C. 3. Therapeutic Massage Facility License - C-Haus Services Inc. d/a/a Salon Adagio Prepared By Stacy Carlson, Chief of Police Jim Roberts, Sergeant Summary C-Haus Services Inc. d/b/a Salon Adagio, located at 7759 Medicine Lake Road has applied for a therapeutic massage facility license. Documents submitted by the applicant indicate that C-Haus Services Inc. d/b/a Salon Adagio is owned by Carolyn Rottinghaus of Maple Grove, Minnesota. A background investigation of Ms. Rottinghaus including record checks been completed. The applicant meets City Code requirements for the issuance of a therapeutic massage facility license. Recommended Action Motion to approve the issuance of a therapeutic massage facility license to C-Haus Services Inc. d/b/a Salon Adagio, located at 7759 Medicine Lake Road. �1��' �7� „�� Police Department 763-593-8079/763-593-8098(fax) <�� .. . Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. C. 4. Therapeutic Massage Certificate- Enrique Juan Solano Prepared By Stacy Carlson, Chief of Police Jim Roberts, Sergeant Summary Enrique Juan Solano has applied for a therapeutic massage certificate for the 2013 license year. This is the first application for Mr. Solano in the City. Mr. Solano will be employed at Massage Envy, located at 7704 Olson Memorial Highway. A background investigation including record checks was completed and Mr. Solano meets City Code requirements. Recommended Action Motion to approve the issuance of a therapeutic massage certificate to Enrique Juan Solano at Massage Envy, 7704 Olson Memorial Highway. ci�� oMf Police Department 763-593-8079/763-593-8098(fax) � � � � .' Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. C. 5. Therapeutic Massage Certificate - David Jeremy Draper Steffl Prepared By Stacy Carlson, Chief of Police Jim Roberts, Sergeant Summary David Jeremy Draper Steffl has applied for a therapeutic massage certificate for the 2013 license year. This is the first application for Mr. Steffl in the City. Mr. Steffl will be employed at Massage Envy, located at 7704 Olson Memorial Highway. Mr. Steffl has had a massage certificate in the City of Shoreview. A background investigation including record checks was completed and Mr. Steffl meets City Code requirements. Recommended Action Motion to approve the issuance of a therapeutic massage certificate to David Jeremy Draper Steffl at Massage Envy, 7704 Olson Memorial Highway. �� a Police Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. C. 6. Therapeutic Massage Certificate - Cynthia Lee Prepared By Stacy Carlson, Chief of Police Jim Roberts, Sergeant Summary Cynthia Lee has applied for a therapeutic massage certificate for the 2013 license year. This is the first application for Ms. Lee in the City. Ms. Lee will be employed at Massage Envy, located at 7704 Olson Memorial Highway. A background investigation including record checks was completed and Ms. Lee meets City Code requirements. Recommended Action Motion to approve the issuance of a therapeutic massage certificate to Cynthia Lee at Massage Envy, 7704 Olson Memorial Highway. 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 Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes — February 26, 2012 Regular Meeting MOVED by McCarty, seconded by Johnson and motion carried unanimously to approve the February 26, 2012 minutes as submitted. II. The Petition(s) are: 1325 Zealand Avenue North Aleksandr Yershov, Applicant (13-04-04) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(c) Side Yard Setback Requirements • 2.3 ft. off of the required 6 ft. to a distance of 3.7 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a second story addition. Request: Waiver from 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 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 norkh 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 stated that in regard to the articulation request, he could possibly articulate the walls but he would lose approximately 64 square feet of space. 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 articulate by two feet in order meet the articulation requirements. Nelson asked about the proposed ceiling heights. Yershov stated that the walls are 18.2 feet in height measured to the top plate. Nelson asked about the square footage of the proposed addition. Yershov said the proposed addition would be approximately 936 square feet in size. Hogeboom explained how the height of a house is measured and noted that in this case the height would be measured to the bottom of the eave and not to the mid-way point of the highest gable. Maxwell noted that the uniqueness of this lot is the way the existing house is situated and that it is a long, narrow lot. He asked the applicant if there is anything else he feels is unique about the property. Yershov agreed with Maxwell that the uniqueness of the lot is the way the house is situated on the lot and reiterated that he is trying to grow his family in this neighborhood. Nelson asked the applicant if he has considered any other options. Yershov said they considered constructing the second story addition on the south side of the existing house but the plumbing already 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. Yershav stated that there is only a crawl space under the existing house, there is no basement. Also, an addition on the back on the home would take most of the back 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 less 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 two stories. Nelson stated that the propased 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 house, just a portion. McCarty asked the applicant if he has considered demolishing the garage and tying a new garage into an addition. Yershov said that the garage has been moved back on the lot twice in the past. He said that the existing driveway currently takes 2 to 3 hours to shovel so he doesn't want to move the garage any further back. He also said that he doesn't want to have an attached garage because of carbon monoxide danger. He stated that he has spent the winter planning this addition and he is trying to improve the character of the property and add value to Golden Valley. He reiterated 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. Nelson opened the public hearing. David Thompson, 1319 Zealand Avenue North, said he has lived in his house since 1969 and has raised five children in it. He stated that there are seven houses on this block that have the same roof line and these are small lots with small houses "shoe horned" in on them. He said if these 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 hearing no one else wishing to comment, Nelson closed the public hearing. Nelson said she feels that the unique circumstance in this case is that the house was originally built too close to the north side yard property line. She said she thinks the proposed plan is nice but she is concerned because it will strongly impact the neighbor to the north and she is nat sure how the house would fit in with the rest of the neighborhood. Fonnest stated it appears that a lot of sunlight will be cut off from the neighbor to the north. Johnson said he also has some of the same concerns about the size af 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 willing 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 setb�ck variance. McCarty agreed and noted that when the height of the house goes above 15 feet the side yard setback increases which in this case necessitates a variance. He said he thinks the proposed addition will impact the locality and even though the applicant is allowed to build a second story addition the Board doesn't need to enable him to build it too close to the property line. Maxwell agreed but said that the Board should not deny the variance based on how tall the house is. McCarty said it is difficult justifying this variance request when all the other houses in the area are one story. Nelson agreed and added that the applicant bought this size of house 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 hames. He stated that he has no control over where the house was originally built and for him to build a longer house because his lot is long makes no sense. He reiterated that there are other two-story homes in this area and he doesn't understand why he can't build a second story when other neighbors can. McCarty said that the Board is not saying that a second story can't be built. He added that there are many nice homes in Golden Valley that are on 40 foot wide lots. Nelson agreed and said she thinks there is a way the applicant can build a second story addition without the need for variances. Yershov 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 trying to understand how residents can develop their properties within the existing regulations. Maxwell explained that the Board has four criteria that they need to consider when reviewing variances. In this case the issue is with the criteria regarding altering the essential character of the locality and the houses along this street are all one-story houses. Yershov said that is not true and that the Board is only looking at a few of the houses on Zealand Avenue. Johnson explained 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 shauld consider whether the resulting structure will be out of scale, out of place, or othenivise 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 City Council. McCarty agreed that the word "locality" is ambiguous. Johnson stated that the scale of the proposed addition is the factor driving his opinion in this case. Nelson agreed and stated that houses that are too big on lots that are too small negatively impact the praperties around them. She said she can't support this variance request because she feels the Board has a responsibility to uphold the City's zoning laws and this proposaf is impacting the essential character of the locality. Maxwell stated that the Board has granted variances for second story 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 proposal current in front of them. MOVED by Johnson, seconded by Nelson and motion carried 4 to 1 to deny the request for 2.3 ft. off of the required 6 ft. to a distance of 3.7 ft. at its closest point to the side yard (north) property line in order to build a second story addition. Maxwell voted no. MOVED by Johnson, seconded by Nelson and motion carried unanimously to deny the request to allow the proposed addition to be 46.16 ft. in length without articulation. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 8:17 pm. Nancy J. Nelson, Chair Joseph S. Hogeboom, Staff Liaison JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of April 3, 2013 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called ta order at 1:32 p.m. in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Kirk McDonald, City Manager, New Hope 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 Bert Tracy, Public Works Maintenance Supervisor, Golden Valley Sue Virnig, Finance Director, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Others Present Brian LeMon, Barr Engineering Company David Fischer, Buell Consulting, Inc. Joseph Socha, Moss & Barnett Minutes of Februarv 6, 2013 Meeting MOVED by Burt, seconded by McDonald and motion carried unanimously to approve the minutes of the February 6, 2013 meeting as presented. Averaqe Hourlv Rate With No Benefits The average hourly rate with no benefits for the three cities is 24.80. With New Hope's rate remaining the same, the overtime amount was corrected to 37.20. MOVED by Burt, seconded by McDonald and motion carried unanimously to approve the Average Hourly Rate Charged by JWC cities will be $24.80 per hour for straight time and $37.20 per hour for overtime. Verizon Site Aqreement Verizon Wireless has requested to place antenna facilities on the JWC tower located on the Golden Valley City Hall campus and construct an equipment building. Two lease agreements are proposed: an antenna site agreement to place three antennas on the JWC water tower, and an equipment building and development agreement for an equipment building on Golden Valley-owned property. A portion of the building would be exclusively used by the City of Golden Valley and a minor PUD agreement will be required. Ownership of the building will transfer to Golden Valley upon completion of the building. The agreements are contingent on approval by both Golden Valley and the JWC. The JWC would have a 5-year lease with a renewal option for an additional 5 years. The proposed combined building and antenna lease payment would be $28,321 annually, commencing in 2013 (with an annual 3% increase). Each city's share of the lease proceeds will be equal amounts. Joint Water Commission April 3, 2013 Page 2 of 4 An interference study was done with no interferences determined to existing facilities by the proposed installation. Verizon will submit a cashier's check in substitution for the letter of credit or a letter of credit. In the event the lease is terminated or not renewed, Verizon will have 60 days to remove its antenna facility and related equipment from the leased premises, repair the site and restore the surface of the structure. MOVED by McDonald, seconded by Burt and motion carried subject to PUD approval by the Golden Valley City Council and acceptance of a cashier's check as the alternative method for the security payment or a letter of credit. Alternative Water Supply Studv Brian LeMon, Barr Engineering Co., will give a presentation of the Emergency Water Supply Preliminary Design and Feasibility Study to the three city councils at the Tri-City Council meeting scheduled for May 23, 2013. LeMon attended today's meeting to review the presentation with the JWC. McDonald suggested starting the presentation with a review of the May 7, 2012 meeting and the direction given by the three city councils at that time. The concept under consideration is construction of three new wells and activating the New Hope well for the emergency water supply. In the event the JWC does not have an emergency water supply from Minneapolis and these wells were constructed, a treatment plant would most likely be necessary. The JWC discussed if treatment is needed, the location of the wells will need to be reconsidered. This system could be used as the main source with added improvements for treatment. LeMon stated they are seeing some resistance from the Department of Natural Resources and the Minnesota Pollution Control Agency regarding digging more wells. The new well locations identified by the JWC are within '/4 mile of the reservoir on publicly- owned property. Considerations will include: 1. Look at interference and contamination 2. Plume contamination and draw down 3. Cost consideration: $4.4 to $4.7 million for all alternative wells Burt would be in favor of digging all the wells at one time and not spread out over time. Barr is also preparing the City of Minneapolis emergency backup water supply plan. LeMon said the regulators are in favor of groundwater as an emergency supply, but also want Minneapolis to keep its surface water supply. Moving from surFace water to groundwater might prove to be favorable to the regulators. LeMon estimates the Minneapolis study will Joint Water Commission April 3, 2013 Page 3 of 4 be completed within a month. The JWC will wait for Minneapolis to develop its backup water supply plan. LeMon will email the final draft of the presentation to the City Managers and the TAC members to review. Clancy will talk to Bonnie Morey, SEH, if the JWC were to decide to use her to facilitate the meeting. Minneapolis/Golden Vallev Water Meter Improvements Cost Update Clancy provided an update of the estimated project costs associated with the JWC/Minneapolis Water Meter Improvement Project. Stantec's original proposal included $49,698 in engineering fees; however, Stantec requested that amount be renegotiated due to changes in project scope and that amount is now $80,341. The City of Minneapolis will be completing all the work on its existing 48-inch watermain. A change order was issued to cover the installation of a conduit needed to relocate the Xcel electrical line that powers the pump house. A relocation charge was added for Xcel staff to mobilize to the project site to connect/install a new electrical feed to the pump house via the conduit system installed by Magney Construction. MOVED by McDonald, seconded by Burt, and motion carried unanimously to approve the Letter of Agreement between the City of Minneapolis and the JWC that includes the JWC will pay up to 50% of the estimated cost of$150,077 to a maximum of $75,038.50 for its share of the expenses. Minneapolis Water Rate Review— Memorandums of Understandinq Burt will contact Scott Harder regarding meeting to discuss the water rate study. The cities of Edina, Bloomington, Columbia Heights and the Metropolitan Airports Commission (MAC) appraached the City of Golden Valley about being part of the rate study. Memorandums of Understanding to Retain Professional Services for Minneapolis Water Rate Review were prepared for Edina, Bloomington and the MAC. Columbia Heights did not respond about entering into the agreement. The cost of the professional services will be split between the three communities. MOVED by McDonald, seconded by Burt and motion carried unanimously to approve the Memorandum of Understanding, authorizing Chair Burt to sign the Memorandums of Understanding with Edina, Bloomington and the Metropolitan Airports Commission, and the contract with Scott Harder not to exceed $41,650. Update on Countv Road 9 Reconstruction and Associated JWC Forcemain Replacement The project is moving ahead and project meetings are conducted on a regular schedule now. The testing report is out and the project will cost more than anticipated. Other Business None. Joint Water Commission April 3, 2013 Page 4 of 4 Next Meetinq The next scheduled meeting is May 1, 2013 at 1:30 pm. Adiournment Chair Burt adjourned the meeting at 2:54 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes April 22, 2013 Present: Commissioners Tracy Anderson, Dawn Hill, Jim Stremel, Kyle Turner, Debra Yahle; Jeannine Clancy, Public Works Director, Eric Eckman, Public Works Specialist; and Lisa Nesbitt, Administrative Assistant Absent: Commissioners Lynn Gitelis and Damon Struyk 1. Call to Order Stremel called the meeting to order at 7:00 pm. 2. Approval of Repular Meetinp Minutes — Februarv 25, 3013 MOVED by Hill, seconded by Anderson, and the motion carried unanimously to approve the minutes of the February 25, 2013 meeting. 3. Oraanizational Business Introduction of New Member Kyle Turner is a GIS/IT specialist for the Air Force. He lived overseas for two years, returning last September. Prior to moving to moving overseas he was a member of Plymouth's Environmental Quality Committee. Appoint Chair and Vice Chair Hill nominated Stremel for position of Chair. Stremel nominated Yahle for position of Vice Chair. The nominations were closed. Stremel asked for a vote. Stremel and Yahle were unanimously voted in the positions of Chair and Vice Chair. Annuaf Report The annual report was reviewed by the commission. A motion to approved the annual report was MOVED by Hill, seconded by Anderson, and the motion carried unanimously. Stremel will present the report at the Council/Manager meeting on May 14tn 2013 Priorities The commission reviewed the priorities identified in the April 17, 2012 memo to Council from Baker (on-file) along with the recommendations from the Natural Resource Manage project by the U of M students. Staff provided an update on the priority regarding solar panels. The city was approached by Adolfson & Peterson Construction regarding funding for solar panels on city buildings. If the funding becomes available, and the city elects to proceed with the project, this priority would be accomplished. A memo outlining this project is on-file. Additionally, Clancy reported that the legislature is in the process of reviewing the current law regarding organized soiid waste hauling, with the goal to streamline the process. If legislation is passed and if the council decides to move forward with a solid waste study, then the commission's goal regarding composting could be linked with that study if so directed by the CounciL Minutes of the Environmental Commission April 22, 2013 Page 2 of 3 The goals identified for 2013 are: First Priority: Natural Area Management Plans • Convert current Natural Area Management practices into a Natural Area Management policy. • Conversion of under-utilized open space parcels (e.g. community gardens, develop an adopt-a-park program). • Identify opportunities for educating Golden Valley residents about the use and management of the City's natural areas. Second Priority: Composting (if the City moves to organized solid waste hauling) • Institute city-wide kitchen waste collection • Amend composting ordinance to include schools, businesses, and multiple-family residential developments. • Study City-sponsored composting, as was implemented in Hutchinson Third Priority: Transportation Alternatives • Identify actions to improve the transportation and recreational alternatives of commuting non-resident employees of large Golden Valley employers, and to incent employees to engage in alternative and mass transit options. • Identify actions to promote use of transportation alternatives by Golden Valley schools and students. • Identify actions to improve biking and walking opportunities in Golden Valley (e,g., bike lanes and sidewalks). • Identify improvements to bus routing and other community transportation options in Golden Valley, and begin planning access to Bottineau Line. • Identify improvements to better meet the needs of Golden Valley seniors and others in accessing shopping and mass transit connections (explore possibility of support/collaboration with Hennepin County Active Living Initiative). • Identify actions to promote Golden Valley citizens' understanding and use of existing transportation alternatives (e.g., Five-Cities Transit Program). Staff will draft the priorities and will send to Stremel in preparation for the May Council/Manager meeting. 4. Proqram/Proiect Updates Summary on-file. 5. Commission Member Council Reports Hill and Anderson attended the Council/Manager meeting when the 10.32 study results were presented. Anderson presented concerns regarding wood burning at the same meeting. 6. Other Business Stremel signed a letter to Baker, on behalf of the commission, thanking him for his service with the commission. Minutes of the Environmental Commission April 22, 2013 Page 3 of 3 7. Adjourn MOVED by Hill, seconded by Yahle, and the motion carried to adjourn. The meeting adjourned at 8:20 pm. The next scheduled meeting will be May 20, 2013 at 7 pm. Lisa Nesbitt Administrative Assistant MINUTES Envision Connection Project Executive Board April 18, 2013 7 pm City Hall Council Conference Room Directors Present: Blair Tremere (Vice Chair), Sharon Glover, Jim Heidelberg, Helene Johnson, Philip Lund, Dean Penk, Marshall Tanick Directors Participating by Phone: Lynn Gitelis Directors Absent: Cindy Inselmann, Shep Harris (Chair), Mike Schleif Staff Liaison: Cheryl Weiler, Communications Manager Guest: Tom Burt, City Manager 1. Call to Order The meeting was called to order at 7:15 pm with a quorum. 2. Approval of Agenda Penk asked to add an approval for the Farmers' Market to solicit funds from the Golden Valley Community Foundation (GVCF). Lund asked to add a report on the April 18 meeting of the Golden Valley Business Council. Motion: Lund moved to approve the Agenda as amended. The motion was seconded by Tanick and approved unanimously. 3. Approval of November 15, 2012 Minutes Lund asked to add that he offered to chair the April 20 Bridge Builders event. It was also noted that the location of the lilac planting location for September 28 be corrected from the north Hwy 55/Hwy 169 interchange to the south. Motion: Moved by Heidelberg and seconded by Johnson to approve the minutes as amended. Motion carried, with Glover and Tremere abstaining. 4. Old Business Memorial Day Program — Lynn Gitelis Gitelis had talked with Harris, and the event will go forward, with Harris offering to take the lead on obtaining the permit and John Giese placing the flags along Golden Valley Rd. Gitelis said she may handle the details for the event. Harris and Gitelis plan to further discuss details over the weekend and ask for additional help at the April 20 Bridge Builders event. Penk said he'd touch base with Gitelis after the Bridge Builders event. Julv 4 Event — Shep Harris Harris communicated through Weiler that he found a judge willing to do a naturalization ceremony on July 4 in Golden Valley. Harris wondered if the Board wanted to go forward with the event and if so, what elements should be included. It was noted that someone would first need ta contact US Citizenship and Immigration Services. Board members discussed possible roles for Global Golden Valley and agreed to bring the idea to the April 20 Bridge Builders event. Beyond the Yellow Ribbon Campaign — Shep Harris Harris communicated through Weiler that the Beyond the Yellow Ribbon meeting had been canceled, so he had nothing new to report, other than he is looking for someone to spearhead the effort. After a brief discussion of what the group's potential structure, Lund read an email from Linda Loomis, who is asking for a booth at Valley Days to provide information about Beyond the Yellow Ribbon. Lund will follow-up with her. 5. Reports and Updates Bridqe Builders April 20 Event: Lund contacted MnDOT in Golden Valley to set up the April 20 Bridge Builders event and tour, and Penk set up the squad car tour. Lund and Penk developed a graphic on how Bridge Builders works and fits in the community. Lund will also set up a new meeting format to use Saturday to maximize efficiency, productivity, and use of small group breakouts. Penk created a sign-up sheet for the event; new names will be incorporated into the Bridge Builders mailing list. Weiler will add the new names to the email listserve. Golden Valley Days Presence and Staffing: The Envision Connection Board will share a boath with Bridge Builders. Lund will be the contact for volunteers at the booth. Weiler will check with Brian Erickson in Park & Recreation to confirm booth and will take stock of signs and banners on hand. Lund will get an updated list of participants to Weiler so additional signs can be made if needed. Weiler will check files and develop a list of necessary marketing materials for the booth. Envision Award Lund reported that Kristine Frey and Leslie Hendricks, founders of Market in the Valley, were presented with a Visi Award at the April 16 City Council meeting. The Board discussed potential future nominees, including Trees for Tyrol and Don Brown. Lund has asked Linda Loomis if she would nominate Don Brown for a Visi Award. 2013 Hall of Fame Tanick reported the Hall of Fame committee met April 17 to plan the May 17 recognition event, which will be held at Brookview Community Center from 9-10:30 am. The event will feature a short program and light refreshments. The committee expects around 50- 60 people to attend. Tanick reports the committee still has a nice pool of candidates from which to choose future inductees. Tremere said he discussed with Mayor Harris the costs for the plaques and reported that the Mayor said such expenses, like with the Visi Award, will be covered by the City. Ice Cream Social Tanick reported that $650 would buy the ice cream for the event and said he'd follow up. Penk offered to contact Sebastian Joe's to set up the ice cream order. Weiler reported that the permanent wooden sandwich boards (4 foot x 4 foot) used by the Fire Department to promote events curbside cost around $400 each, which includes five years worth of interchangeable date stickers. Lilac Plantinq Maintenance morning is set for 8 am May 25, and the Planting Party is set for September 28 in the cloverleaf of the Hwy 55/Hwy 169 south interchange. Tremere reported that the Golden Valley Garden Club has offered to provide and serve refreshments. Valley Volunteer Day Penk reported a lull for this event due to a lack of leadership after the former organizer moved to another city. The Board agreed to promote the event at the April 20 Bridge Builders event to try to rally some help. Penk will follow up with representatives from Peaceful Valley Montessori, Summer Picha and Katie Doyle. Golden Valley Business Council Lund and Penk attended the inaugural meeting of the Golden Valley Business Council April 18 at Byerly's in Golden Valley. Both reported that it was well-run and well- attended and included reports from schools, the City, business speakers, and special interest groups like Golden Valley Days and the Golden Valley Community Foundation. Lund and Penk invited all present to the April 20 Bridge Builders meeting. 6. Communications Weiler informed the Board that the City's annual Board/Commission Recognition Dinner is set for Wednesday, June 19, 2013, at Brookview Community Center. Social hour starts at 6:30 pm (wine and beer provided courtesy of the Mayor and Council, not at taxpayer's expense), the program is at 7 pm, and dinner is at 7:15 pm. 7. Other Business Market in the Valley asked Envision to endorse a funding request it plans to make to the Golden Valley Community Foundation. Lund asked why Envision needs to endorse such a request by Market in the Valley, and Penk explained that the Foundation has limited its awards to Envision "Small Sparks" groups, so the Envision Board needs to act as a clearing house for such funding requests to the Foundation. Motion: Moved by Heidelberg and seconded by Johnson endorse Market in the Valley's application for funding to the Golden Valley Community Foundation. Motion carried Tremere noted the Hall of Fame needs funding for plaques. Motion: Moved by Heidelberg and seconded by Tremere to ask the Golden Valley Community Foundation for funding for plaques. Motion carried. Weiler reported that the Board needs to develop a work plan and budget to present to the City Council. The Board agreed to add it to a future agenda. 8. Future Meetings The next meeting will be Thursday, June 20, 2013, 7 pm, City Hall Council Conference Room. 9. Adjournment Motion: Moved by Penk and seconded by. Motion carried. The meeting adjourned at 9 pm. �� `�� tt�n, �� E3C;WMC 5-16-13 `� b Bassett Creek Watershed Management Commission �, ��. �,� �, , �i�u�� f:.the R�g��.�'1V��in� ` � ,,, , ' ' � "� �r �� lgr�1�,�t}1�^ �, r �c�ic�en��°�t�y Gity H�1�;��Q a:m. � ., t,� Commissioners and Staff Present: Crystal Commissioner Dan Johnson Robbinsdale Not represented Golden Valley Commissioner Stacy Hoschka, St. Louis Park Not represented Treasurer Medicine Commissioner Ted Hoshal, Lake Secretary Administrator Laura Jester, Keystone Waters LLC Minneapolis Commissioner Michael Welch Attorney Charlie LeFevere, Kennedy& Graven Minnetonka Not represented Engineer Karen Chandler, Barr Engineering Co. New Hope Not represented Recarder Amy Herbert Plymouth Commissioner Ginny Black, Chair Technical Advisory Committee(TAC)Members/Other Attendees Present: Derek Asche, TAC, City of Plymouth Guy Mueller, Alternate Commissioner, City of Crystal Jeannine Clancy,TAC, City of Golden Valley John O'Toole, Alternate Commissioner, City of Medicine Lake Christopher Gise, Resident, City of Golden Valley David Spicer,Friends of Northwood Lake,New Hope Dave Hanson, Alternate Commissioner, City of Liz Stout, TAC, City of Minnetonka Golden Valley Justin Klabo, SEH, Inc. Jim Vaughn, TAC, City of St. Louis Park Linda Loomis, BCWMC Next Generation Plan Robert White, Friends of Northwood Lake,New Hope Steering Committee Chair Tom Mathisen, TAC, City of Crystal Pete Willbenbring, WSB &Associates Richard McCoy, TAC, City of Robbinsdale 1 BCWMC April 18, 2013, Meeting Minutes l. CALL TO ORDER AND ROLL CALL On Thursday, April 18, 2013, at 11:34 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 Minnetonka, New Hope, Robbinsdale and St. Louis Park were absent from the roll call. 2. CTTYZEN`F�RUM ON NON=AGElYUA�TE1V�S Robert White of the Friends of Northwood Lake in New Hope introduced himself, described the goals of the Friends of Northwood Lake, and mentioned his history of volunteering with the BCWMC's sponsored CAMP monitoring of Northwood Lake. David Spicer of the Friends of Northwood Lake introduced himself. Guy Mueller, BCWMC alternate commissioner from the City of Crystal, introduced himself. 3.AGENDA' Commissioner Hoschka moved to approve the agenda. Commissioner Johnson seconded the motion. The motion carried unanimously 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote). 4. CONSENT AGENDA Commissioner Welch requested the removal of item 4E—Approval of Hennepin County Request to extend major plan amendment comment periad—from the Consent Agenda. The Commission agreed. Commissioner Welch moved to approve the Consent Agenda as amended. Commissioner Hoshal seconded the motion. The motion carried unanimousl,y 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote�. [The following items were approved as part of the Consent Agenda: the March 21, 2013, BCWMC meeting minutes,the April Financial Report, payment of the invoices, and approval of the 2013 CAMP contract with the Metropolitan Council.] The general and construction account balances reported in the Apri12013 Financial Report are as follows: Checking Account Balance $723,109.26 TOTAL GENERAL FUND BALANCE $723,109.26 TOTAL CASH& iNVESTMENTS ON- $2,946,484.10 HAND (4/ll/13) CIP Projects Levied—Budget Remaining ($3,524,544.50) Closed Projects Remaining Balance ($578,060.40) 2013 Anticipated Tax Levy Revenue $986,000.00 Anticipated Closed Project Balance $407,939.60 2 BCWMC April 18, 2013, Meeting Minutes 5. NEW BUSINE�� A. Clarification of Open Meeting Law with Regards to Electronic or Telephone Participation. Mr. LeFevere said that the Open Meeting Law applies to the Commission and its Committees. He explained that those groups can conduct meetings where people participate remotely, but it is difficult to comply with the law because law requires that the members of the governing body, no matter the location of each member, must be able to hear and see one another and hear and see all discussion. He said that in addition,members of the public must be able to hear and see all discussion and all votes of the members of the governing body. Mr. LeFevere said that you would need an audiovisual device set up in order to meet the requirement and recently it was ruled that Skype can be used to meet the requirement. He said he thinks it would be difficult to make Skype work for a group this large. He said that using only a telephone would not meet the requirements of the Open Meeting Law. Mr. LeFevere said that if someone wanted to listen in to the meeting but not participate or speak,then it would be fine to use a conference call for listening in,but not for participating. B. TAC Recommendations. i. Lakeview Park Pond. Mr. Asche said that the TAC met on Apri14`h and discussed the Lakeview Park Pond project in Golden Valley that would treat stormwater runoff draining to Medicine Lake and where currently no stormwater treatment exists. He reminded the Commission that there was a feasibility report on the project prepared in 2004 and updated in 2011. He commented that the report addressed the project at the concept leveL Mr. Asche said that the primary issue to be addressed by the project is flooding and the other issue to be addressed is water quality. He said that last year in its levy request to Hennepin County,the BCWMC requested $162,000 for the $196,000 project,which will be payable to the Commission this year. Mr. Asche described the four project design options that the City of Golden Valley and the project's consultant, SEH, Inc., investigated: a parallel trunk storm sewer system, a partial build for ponding, which would collect water from about half of the area, a full build for ponding, and home buyouts in the area. He described the TAC's discussion and reported that the TAC recommends the full build out,which would bring the cost of the project ftom about$200,000 to approximately$400,000. Justin Klabo of SEH provided a summary of the four design options, described Golden Valley's preferred design option of the full build, and addressed extensive questions and concerns from the Commission. Mr. LeFevere asked what would happen if the soils of the project site move and impact the houses adjacent to the project site. The group discussed the possibility of the soils moving. Chair Black said that before she votes she would like SEH to have a discussion with its geotechnical engineer and bring the information to the Commission. Ms. Clancy noted that at one point the City looked at designing the project solely to reduce flooding, instead of a water quality pond, and restoring the area with natural grasses; but the water quality pond could help address nutrient impairments in Medicine Lake. Chair Black asked SEH to come to the Commission's May meeting to respond to the concerns raised today by the Commission. Chair Black said that in regard to the approximate $200,000 project cost gap, the Commission could draw funds from its Closed Project Account. She said that doing so would draw down that account below the $250,000 minimum that the Commission set for that fund. Mr. Asche said that the TAC discussed that point and did not have any issues with going below that$250,000 minimum. Chair Black said that at the May meeting the Commission will continue its discussion about the 3 BCWMC April 18, 2013, Meeting Minutes project. There was consensus that it was appropriate to use Closed Project funds to cover the additional costs of the project due to the special circumstances. The group also recognized this was a good opportunity to improve the water quality of Medicine Lake. ii. XP-SWMM Model and P8 Model Completion. Mr. Asche said that the TAC recommends a presentation of the models by the Commission Engineer to the TAC at its June 6`h meeting and present the models to the Commission at one of its future meetings. Chair Black asked why the models aren't coming in front of the Next Generation Plan Steering Committee. Ms. Chandler said that she is sure the models will get incorporated into the plan since modeling will be addressed but she doesn't see that the Plan Steering Committee needs to make any decisions. She said the model results need to be accepted by the Commission, first. Ms. Chandler indicated the Commission should consider how the results will be used and maintained and that information will get carried into the plan. The Commission indicated agreement to the TAC's recommendation. iii. Improving the BCWMC Finance/Budgeting Reporting. Mr. Asche stated that several months ago the Commission authorized the TAC to look into the financial reports and determine if any changes or additions could be made to the reports to make them more useful. He said the TAC had a great discussion on this topic and talked about how the Commission accounts for funds that are left over from one budget year into another. He said that for the funds that accrue each year like the channel maintenance, long-term maintenance, and TMDL funds,the running totals could be listed on the financial report. The Commission indicated consent to the TAC's recommendation. iv. Watershed Tour Sites. The Commission discussed and finalized its tour stops: WOMP station, Tunnel entrance, Sweeney Lake outlet, Stream restoration site (post construction), and Crystal Lake treatment plant. The Commission set its tour date and time for Monday, June 24`h at 1:00 p.m. v. Next TAC meeting. Chair Black announced that the next TAC meeting will be on Thursday, June 6`n and the TAC will discuss the XP-SWMM and the P8 models. She said that an item on the TAC's future items list is the phosphorus budgeting in the watershed. Chair Black brought up the fact that the Commission doesn't always annualize the cost of projects, like a pond versus a rain garden and amount of phosphorous removed, and it would be helpful to have such information to facilitate comparison of the projects. She said it would be helpful for the TAC to look at this issue. Chair Black said that the Next Generation Watershed Management Plan should be on the TAC's agenda on an as- needed basis. C. Approve 2012 Annual Report. The Commission provided comments on the draft report and authorized staff to make the changes. Commissioner Welch moved to approve the annual report with the changes discussed and to authorize staff to submit the report to BWSR(the Minnesota Board of Water and Soil Resources). Commissioner Johnson seconded the motion. The motion carried unanimouslv 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote]. 6. OLD BLISINESS A. Briarwood/Dawnview Water Quality Improvement Project: Golden Valley - Presentation of Final Feasibility Report and Select Option for CIP Project. Pete Willenbring of WSB &Associates described the project and its goal to improve the quality of the water discharged from the Briarwood/Dawnview watershed. He reviewed the five options investigated, which are described in detail in 4 BCWMC April 18, 2013, Meeting Minutes the final feasibility report. Mr. Willenbring recommended option number 5: Construct stormwater retention and treatment pond with deadpool storage and iron-enhanced filtration system. This is the option preferred by the City of Golden Valley. In response to Commissioner Welch's question on the topic, Mr. Willenbring confirmed that option number 5 includes an official wetland delineation in the course of the project. Mr. Mathisen asked about the life-span of the iron filings. Mr. Willenbring said that reports vary but the idea is to let the sand filter operate as long as it can. He said that it would be approximately 20 years before the sediment would need to be cleaned out of the pond and perhaps the iron filings would be replaced when the sediment is cleaned out. Mr. Willenbring responded to some questions from Commissioner Hoshal regarding impact to private properties in the area. Commissioner Welch asked Ms. Chandler for the Commission Engineer's thoughts on the project. Ms. Chandler said that everything discussed at the TAC meeting has been addressed, such as the maintenance of the iron filter. She said that the final feasibility report contains annual maintenance costs and the costs for option 5 are higher than the other options so she is assuming that it contains the costs for maintaining the filter. Ms. Chandler indicated she is comfortable with option 5 as it provides the most water quality improvements for the investment. Commissioner Hoschka moved to accept the feasibility report and to move forward with implementing option 5. Commissioner Welch seconded the motion. Commissioner Hoshal asked for more detail about the cost of option 2. Mr. Willenbring responded. Commissioner Welch asked Golden Valley if it anticipates any difficulties with Hennepin County regarding the land. Ms. Clancy responded no. The motion carried unanimousl,y 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote]. B. Major Plan Amendment. Ms. Chandler reported that on June 11`h Hennepin County will be considering approval of the Commission's Major Plan Amendment. She said that if the Commission is comfortable with setting the maximum levy for 2014 projects today,then it could be acted upon at the County's June 11`h meeting as well. Alternatively,the Commission could set its maximum levy at its May or June Commission meeting. Ms. Chandler reminded the Commission that in addition to project construction costs,the Commission incurs costs for feasibility studies,plan amendments, grant applications and administration, and follow up tasks in the pre-construction phase. The Commission considered the costs of the projects slated for next year's levy: Project Item Cost Briarwood/Dawnview Construction $234,000 Feasibility study $11,700 Costs Expended(per financial report) $933 Project Total: $246, 600 Twin Lake Alum Treatment Construction $148,000 Feasibility study $7,300 Project Total.• $155,300 Schaper Pond Improvements Construction $550,000 Feasibility study/plan amendmend $44,900 BCWMC follow up tasks 5 BCWMC April 18, 2013, Meeting Minutes Project Total: $594,900 Grand Tota12014 CIP Project Costs $996,900 Ms. Chandler recommended the Commission set the maximum levy at$1,000,000. Commissioner Welch moved to set the maximum levy for the 2014 CIP projects at $1,000,000. Commissioner Johnson seconded the motion. The motion carried unanimouslv 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote]. Ms. Chandler said that she typically provides the levy number to Joel Settles at Hennepin County and will do so as long as the Commission approves. The Commission indicated approval. Commissioner Welch asked that Ms. Chandler notify the Commission of the date of the County's hearing on the Commission's plan amendment and maximum levy request. Ms. Chandler said that it would be the County's May 14`h hearing. Several commissioners and staff indicated interest at attending the hearing. Commissioner Welch asked that the Commission discuss at a future time the BCWMC's Plan Amendment structure and schedule and how it works with Hennepin County's structure and schedule. The Commission agreed that this is a policy issue to be discussed. From Consent Agenda: Cammissioner Welch moved to grant Hennepin County's request for an extension on the Major Plan Amendment comment period until June 11, 2013. Commissioner Johnson seconded the motion. The motion carried unanimouslv 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote]. Ms. Chandler said that the public hearing on the Major Plan Amendment is on the Commission's calendar far its May 16`h meeting and she recommends that the Commission open the hearing on May 16`�'and continue it to the Commission's June 20`h meeting. The Commission agreed. C. Review of Draft FEMA Hennepin County Floodplain Maps. Ms. Chandler said that in November the Commission authorized the Commission Engineer to review the FEMA (Federal Emergency Management Agency)draft floodplain maps. She reported that the Commission Engineer completed the review and found good matches in the Main Stem and North Branch but disparities in the Sweeney Branch and Plymouth Creek. She said that the tables in the April 10`h Engineer's Memo provides details on the differences. Ms. Chandler summarized the information in the tables. Ms. Chandler recommended she draft a letter to FEMA for BCWMC signature requesting that PEMA modify the draft floodplain maps to include information from the 2007 Letter of Map Revision to accurately map the floodplains and base flood elevations for the Sweeney Lake Branch; and request that FEMA restudy Plymouth Creek using the information in the BCWMC's new XP-SWMM model of the Plymouth Creek watershed to incorporate up-to-date information about the current hydrology and road crossings. Ms. Chandler indicated that FEMA was unlikely to delay its finalization process for a restudy, but the Commission can ask. She noted that comments are due to FEMA on June 29tn Commissioner Welch moved to accept the Engineer's recommendation to send a letter to FEMA with the requests described by the Commission Engineer and for the letter to strongly encourage FEMA to consider this information in its present process. Commissioner Johnson seconded the motion. Commissioner Hoschka offered comments on the maps and legends for Figures 1 and 3 included with the Engineer's Memo. The motion carried unanimouslv 5-0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote]. Chair Black said that she would sign the letter when it is prepared. 6 BCWMC April 18, 2013, Meeting Minutes D. Update on CAMP Volunteers. Administrator Jester provided information on the CAMP volunteers for the 2013 season. She noted that the contract approved under today's Consent Agenda is for eight sites and she noted that there is funding for up to ten sites. She said that the contract can be amended if needed to add up to two additional monitoring sites. Administrator Jester said that a volunteer far Parkers Lake is still needed. E. Update on Twin Lake Fishery Investigation. Ms. Chandler reported that an investigation of the Twin Lake fishery had found that the most recent fish survey of Twin Lake, done in 1991 by the DNR,was actually a combined survey of Twin and Sweeney Lakes. She reported that Ms. Jester asked the DNR if it could do a fishery study of the lake and the DNR said it would not fit into its budget. Ms. Chandler said the Commission Engineer did talk to some residents and the The Minneapolis Park and Recreation Board and received some anecdotal information about pike and crappies but not carp. She said that due to the depth of the lake and its steep sides,Twin Lake isn't favorable habitat for carp. Ms. Chandler reported said that she does not think that carp are a big problem in Twin Lake. She said that through some work in Ramsey County, staff with Barr Engineering has been studying the impact of carp on the mixing depth in lakes. Ms. Chandler said that since carp dig up the bottom of lakes,the alum dosing would need to take that mixing effect into account. She summarized that the she did not find evidence that carp are a problem in Twin Lake but if the Commission wants to know more it would need to conduct a fish survey. There was a discussion about carp and techniques to locate carp in a lake such as releasing a tagged carp into the lake and tracking it. F. Receive Update on Next Generation Plan Development. Administrator Jester provided an update on the Plan Steering Committee's March 25th meeting and on the small group meetings that have taken place and that are coming up. She explained the Committee's interest in getting information from GTS for assistance with planning and executing the June 13`h Watershed Summit and commented that the organization worked with the City of Golden Valley on its Envision process. She provided information on the proposal that GTS submitted to the Commission. Administrator Jester said that the cost would be $2,250 for the work as described in the proposal, which would include two GTS staff facilitating the Watershed Summit. She said that if the Commission wanted help planning the event but not using GTS to facilitate the Summit,the cost would be$1,125 and the cost would be$1,700 for GTS to provide one facilitator at the Summit. Administrator Jester said that she liked GTS' ideas for the summit and recommends using GTS for the planning. She said that the issue of using internal vs external facilitators is really a Commission decision. Commissioner Welch moved to approve using GTS for help planning and facilitating the Watershed Summit at a cost not to exceed $2,000. Commissioner Johnson seconded the motion. The motion carried unanimouslv S_0 [Cities of Minnetonka,New Hope, Robbinsdale, and St. Louis absent from vote]. 7 BCWMC April 18, 2013, Meeting Minutes 7. ADJOURNMENT ' The meeting adjourned at 1:48 p.m. Amy Herbert, Recorder Date Commission Secretary Date 8 Gl�� i�� Public Works Department 763-593-803Q/763-593-3988{fax) ��,.. : -:- .. �. � _ �� : �e_. ; _ Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. E. Authorize Agreements for Preparation of Feasibility Study for 2015 Bassett Creek Main Stem Restoration Project 1. Bassett Creek Watershed Management Commission 2. WSB &Associates, Inc. (WSB) Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, P.E., City Engineer Eric Eckman, Public Works Specialist Summary The Bassett Creek Watershed Management Commissian's (BCWMC) Capital Improvement Program (CIP) lists a number of water quality improvement projects that provide a benefit to the Bassett Creek watershed and its residents. The project listed as Restore Main Stem Channel (10h Ave to Duluth StJ 2015CR in the BCWMC CIP is identified for construction in 2015. The City has designated the 2015CR project as the 2015 Bassett Creek Main Stem Restoration Project (#13-25). The project area extends 9,500 feet from 10th Avenue to Duluth Street and matches into the 2012 Creek Restoration project at each end (see attached map). The restoration project would stabilize eroded stream banks and repair deteriorated storm sewer pipe outlets, resulting in property protection and improved water quality in Bassett Creek. Before the project can be considered for construction, a feasibility study must be completed to identify maintenance locations and evaluate improvement options and costs. On May 16, 2013, a Cooperative Agreement for Preparation of a Feasibility Report, developed by the City and BCWMC, was approved by the BCWMC. The agreement specifies that the City of Golden Valley will prepare the feasibility report and BCWMC will reimburse the City up to $54,100 for the work. Staff requested a proposal from WSB for the completion of the feasibility report. WSB has demonstrated that it has personnel with the appropriate skills and qualifications to perform the study. The total cost of WSB's proposal is $54,100 and the work should be completed within nine months of the notice to proceed. Attachments • Location Map (1 page) • Cooperative Agreement for Preparation of a Feasibility Report for Main Stem Channel Restoration Project 2015CR between the Bassett Creek Watershed Management Commission and the City of Golden Valtey (7 pages) • Proposal from WSB for Feasibility Study for 2015 Bassett Creek Main Stem Restoration Project dated May 8, 2013 (5 pages) Recommended Action 1. Motion to authorize the Cooperative Agreement for Preparation of a Feasibility Report for Main Stem Channel Restoration Project 2015CR with the Bassett Creek Watershed Management Commission 2. Motion to authorize the proposal from WSB to complete a feasibility study in an amount not to exceed $54,100. - ..,_ _- �---` =-�--=—�..-.� ,�----�=-- -_ .� -�_. -�-- —_ _ _ :� —�= � i �;��-�-__-� °' "�- --___j `';� �t �;�� . i�� t, 0 8LL I �m° � \�� ,� , � ��: N , .r � � �:: � �� ----- � ?�t. � \� o oi !! � �� } � � .` v�--� � N _. � m ,.� w� -o _�_ ; � J c = I �a o � o j ! J _ � °� � � 1 ��;� �� o� i I - �--- - ---r ,1 ; --- N and aueZ � � �€o C y��, z"� � � � � �� 1 '�-,,, a, � % \ � b p \ � / �c�� ------- - --- i �� ,$.L e .�L � �,�------ o I o - d .� , i L � � I. � V � N � ' N�Q se�6noa 1 N � ' r ; ; ____ ;� � i V N � ' ;.__ .___ __ � C ; _�;---- t � � ' O ` � � ■�� O � \ L L � i � ---, - � L --1 -� _�________ .. � _._ N O � a> ; � � .•.+ ` _ O � 'a r � ---. � � E � o N � �' p ; cn � -� ,bd d - -- � i d � : � .. , , ; � -----i`–� ' � ' 7 0 . , ; ; � . � . 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I � �t t � V C / ` i v� ! 1 ` ---------- �' � N �+ , , __��---- � _ __ ' , ' � � � N �'�. �� ---�- - � � ��, �.- - ,' � -}-..---�-----,' � 0 � � nd ui uo�siM '+; ;h, _�__�.- �/ _.,., o � a -- �y � �j�! � - ! �` � '-- � 0. __ I � � �' � f /�� '" i � ,- � � �� _� Q , _ __�_.__� � ' - ��'� J __._-----'--,,i � 1�,� �__ � �'� I ' i �- .---- o 't�, COOPERATIVE AGREEMENT FOR PREPARATION OF A FEASIBILITY REPORT FOR MAIN STEM CHANNAL RESTURATION PROJECT 2015CR This Agreement is nnadc as oi'this ��day of �, , 2013, by and between the Bassett Creek Watershed Management Commission, a joi t powers watershed management c�rganization (hereinaf�er the"Comrnission"), and the City of Golden Valley, a Minnesota municipal cor�oration (hereinafter tlae "City"}. WITNESSETH: WHEREAS, the Commission adopted the Bassett Creek Watershed M:anagement Comtnission Water Management Plan, July 2004 on September 16, 2004 (the "Plan"), a watershed management plan within the meaning of Minn. Stat. § 103B.231; and WHEREAS, the Plan, as amended, includes in the Commission's Capital Improvement Program ("GIP") a Project referred to as Main Stem Channel Restorarion, 10�' Avenue to Duluth Street(2015CR) (the "I'roject"); and WHEREAS, the Joint Fowers Agreement for the Commission requires the preparation of a feasibility report for projects in its CI:P; and WHEREAS, thc City is willing to prepare a feasibility report for the Project on the tern�s and conditions hereinafter set forth. NOVV, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: l. The Project will consist of the Main Stem Channel Restoratian, 10'�' Avenue to Duluth Street(2015CR). 2. Tlie City will prepare a feasibility report for the Praject (the "R.eport") in accordance with the proposal of WSB and Associates, dated May 8, 2Q 13, attached as Attachment Ch�e. 3. The Commissi�n will reimburse up to Fifty-Four Thousand One Hundred Dollars ($54,100) of the cost of preparing the Report. 4. Reimbursement to the City will not exceed the amount specified in paragraph 3. Reimbursement will not exceed the costs and expenses incurred by the City for preparation of the Report, less any amounts the City receives far preparation of the Report as grants from other sources. All costs of preparing the Report incurred by the City in excess af such reiinburseinent shall be borne by the City or secured by the City froin other sources. 420984v2 CLL BA295-41 � 5. All Gity books, records, documents, and accounting procedures related to the preparation of a Report are subject to examination by the Commission. IN WITNESS WHEREpF, the parties have caused this Agreement ta be executed by their ciuly aufhorized officers on behalf of the parties as of the day and clate first abave written. BASSETT CREEK WATERSHED MANAGEMENT COIVIMISSION By: C � Its Chair .�''� And by: Its Secretary CITY OF GOLDEN VALLEY By: Its Mayor And by: Its Manager 42098Qv2 CLL BA295-41 2 ,�� .._ ___,_ d X�'7�vi �) �� ``'l" � .��d. ,:,r.�b�, „ ._ . .�.'C.A' �. � �is:l.e� C,��•.�� ,.. �Qt X$t�a lt�d�,.�?x S6u� Su�3�:` ht:+vm�P4ii;,3t1N x`a'54 id �'+� 7B3 S�l i-�b0� F�z' Yb3-3+t1-'!�+ ��'�,��'a`� :'4'�2`..1'B��!"6t€'%" 1:9t�'0��`sc3��Gi3�/��+' �b'UO Cr�1��d�n�l�l��y Rt}Afl Gsslcie�t�Igllev�Ml�l 5�-i�:7 Re: '��lan ta�`rc�vide t�r��essio�l�:ngin�.�nc��5s�orice� t"�ir tE�2�315�3assc.�t�r�c�C i��aim 5t�m R��,t,�r�L�on�'ro�� Cit�°a�}G�i6den Val3�y,MN r ta�fr.t�ii��r: ,�,�r�::,�as�s��;�autfi�r�i'=.selc��vv is�S�n��s�'1�+r'c�r��.�sE�:;zateu3 w9��rr�v�tiing ertgia�e�r�ts��rrau�:� � ed f�r�t��i��lo�r��t�f$3�ibriiry;s�e.cdy f�r�e:?t}1�E3�s.sett Cre�k Mf�i:�Sterr �z��;c�atie,ra f'rc�j��t��ub h�v�°R�� . �;t��'�;ibility�2ur3.y svat�be sisr�ii�r ta i�e�tu�'res �i�ve��a�ed i�y t3�ae I��tt C`r�k��";�l�t��ed C:or�amissima(f3C;�4 N1�:;,ir��trac i�wiii prc+�ride rt�re det��?t�i��±�t7sn is�upica�Ey�ss.��:��ud with�la�.se ty�cs�a�`stu�di�s.��ca1 on�h�svv�il�ble ir�fc�rnast�c�n�rr�v�d�d by tkre B��'l'�tC.i�'�r5��tst�c�extvnds�1�:Y;.at�,5{��3�eet�m l t?�'A.�r��t� n�*,�ae tc,T3u1ui3�5tre�i 7'��t�,,?�s tr�+c+��ts�l��+�f�ib�ts"ty st,�cfy i��l�sd�the�ot�o�irt�, �"�s��: +��t��l�a�° ��Infc� �atic�n �::��r€�sf4hi�ta�k,a pr+aj�t k�c�c�f�`►�c��:�n�;w:C1!s�!�ea�and bnc:k�rou:�z�:`nfve�nati�ra cclat�i to the�rr�;je�,t wa�!b�rrl�ir��ii fccsrr v�a•i�us��aurees irt c�r�i°�r t�s b�st c9c:��i�;th�prtsa��t, Th�se �urc:�4�vil��r��l��1c i�f�r�rza:icsa�!`rnm�Sr�vis��psCy c�sr��.�,�ctad�resj�t��,I3�rr�:�`n�in�ring,stt��i" c:��cm��rom�he t�.it�reft�aid�r;"�alley,�:;��arf�!ceca�rt�dra��;�fir�Crolci�V�IIe�,�e� c�:h�K#� �r�ru�z�i ds�fc��tia��t��t�t mESy C�e�r►�d�a��aiiabte�s tfic p�,��s;;ci�ev�la�as, A pr�litn9r:ary ��sp�sctiar t�f t�e�:h�n�.wri9�pravide dac�mc,�ntatis��f'€h� �cttota�c��tt�e cre�kg �ti�n�ted tre� �vais,�d�c�tif ce�ic�n ssFpqtcnt�a�a�.ss r�ut�s arsd st��ir�g a�.�,ar�� i��3��'s�catian�#°��t� ir�frr�►s��rc;ta�r�r+epair�th�trn�y'b�requitr�#. 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'1"f��e.stam�ted cc�st tt�carnpiete this task: $2,Q{)(l +Ct�st fr�r�tudyJl�easibil�ty Itep�rt W�estiar�at�th�;crsst to c�rri�letc T�lzs�1�-�1 trs ran�e fro��45,3t10 to�S4,ltlq. �Jnless wnf€�r�seen issues�re s�i�nti�rxl tt�a�are ou.t��de tf�e scope ai`�vo�ic described�Y�c�vc,ihis wo�ic. shc�uld be able to b�c�m�lct�d w��thin nine mar�ths�f the date we receiv�nati�e io procecci. if°yoia are in sgreern�nt rai�kr th�terms�s c�u�t�ne�a�ove,please sign vvhere indict�te�be;c��and r�tum ane cc7p}�t�a our uf�ic�. �'tn�r��'', W��&Asso�aat+es,Irtt� Pete�4'illenbring, P�: �'raj�c�1V��na�x�rl�i��Presid�rat eF AC:CF.PT�'aT�Bl': "[°harnas�i:�.�Burt, +C':ty��n�i:r Date —._'. Cit}t�zf�Qlden�'a31�� h��rard iVl. �-Tarris,Mayor i7ate ._.r... �ity o�°G�alden Valtey cc: 7"r�d Hubrn+er,WSB arid Ass�oiatss,lnc. 420984v2 CLL BA295-41 Attachment One-Page 5 �e. �� ,.�„�.,u�N,.�„�., engrneering•pl�IltJill�'•�17VtTt717�'7�lXfc?l•C0t7StTUCtiOn 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 May 8, 2013 Mr. Jeff Oliver City of Golden Valley 7f�UQ Golden Valley Road Galden Valley, MN 55427 Re: Work Plan ta Provide Pr�fessional Engineering Services far the 2015 Bassett Creek Main Stem Restoration Praject Gity of Golden Valley, NTN Dear Mr. Oliver: As requested, outlined below is a 5cope of Work assaciated with providing engineering services needed for the development of a feasibility study for the 2015 Bassett Creek Main Stem Restoration Project, Subreach 2 of Reach 1. This feasibility study wiil be similar to the studies deveioped by the Bassett Creek Watershed Commission{BCWMC), in that it will provide more detail to the study than is typically associated with these types of studies. Based on the available information provided by the BCWMC, this subreach extends about 9,SQ0 feet frozn 10�`Avenue north to Duluth Street. The tasks to complete the feasibility study include the follawing: Task 1: Gather Background Information As part of this task, a project kickaff ineeting will be held and background informatian related to the project will be obtained from various sources in order to best describe the project. These sources will include infortnation frorn previously constructed projects, Barr Engineering, staff members from the City of Golden Valley, GIS and record drawings from Golden Valley, and ather background information that may be made available as the project develops. A prel'uninary inspection af the channel will provide documentation of the eroded sections of the ereek, estimated tree remavals, identification of potential access routes and staging areas, and identification af any infrastructure repairs that may be required. Information regarding property bounda�-ies, wetlands, and existing easements that are ded'acated over the area will also he callected. The estimated cost to complete this task: $8,200 Task 2: Complete Review and Analysis of Backgraund Information As part of this task, the backgraund information collected as part of Task l, will be reviewed and analyzed to prioritize the eroded sections of the creek and to evaluate a wide variety of stabilization practices to facilitate the restoration of the creek. In addition ta this analysis, tree 5t.Cloud• Minneapolis•St.Paul Equal ppportunity Employer wsbeng.cam K�t02032-OOOWdmfniDoes�2014_Propll,7R_frop201 i8C_Rn�a050E�1daa Mr. Jeff Oliver May 8, 2013 Page 2 removals will be quantified, access routes and staging areas will be further defined, and recommendations will be suggested for any infrastructure repairs identif ed alang the subreach, far the purpose of further refining the feasibility study. The estimated cost to complete this task: $4,500 Task 3: Complete Wetland De�ine�tioaa and Survey As part of this task, we will perfonn a Level 1 wetland delineation(completed in-office with field verificatian}to approximate wetland boundaries and types wzthin a speci�c review area. Available water and wetland resource related information will be reviewed for an evaluation of the canditians that may be present within the praject corridor and will be field verified. Permitting for wetland impacts assaciated with the project will be associated with the final design af fhe project. In the case where additional wetland delineation work will be required by a permitting agency, the cost to complete the additional wetland delineation will be included as part of this task. Therefare,the cost for this task is provided as a range. The estimated range of costs to complete this task: $4,000-$9,500 Task 4: Complete Cultural Resource Survey As part of this task, we will complete a cultural resource survey of the reach to determine if there are historical artifacts ar the likelihood of encountering any historical artifacts during restoration activities. Once completed, the information gathered will be discussed with the permitting agency representatives to obtain general concurrence on the survey and will to be taken into consideratian as part af any future praject design. Cultural Resource Permitting for the project will be associated with the final design of the project. The estimated cost to complete this task: $6,200 Task 5: Complete Environmental Review As part of this task, we will perform an Environmental Regulatory Review to obtain information for evaluating the presence af contamination that could be encountered during restoration activities. Sites within 200 feet from the creek centerline wi11 be searched to evatuate for potential soil and/or groundwater contamination risk along the project area. Environmental permitting will be associated with the final design of the project. In the case where additional environmental assessment, completion of a Phase I, is required by a permitting agency, the cost to complete the additianal environmental assessment will be included as part of this task. Theref'ore, the cost for tltis task is provided as a range. The estirnated range of costs to complete this task: $1,200-$4,500 Task 6: Prepare Preliminary Plan and Costs As part af this task, a preliminary plan will be developed and the maintenance areas will be prioritized and selected and restoration options will be assessed for long term stabiliry and cost effectiveness. For each af these maintenanee areas a preliminary estimate of cost will be K:\02032-OOO�Admin�Docs'�'.014,_Prop�1,TR Prop2014A(_R�sto050813.doe Mr. Jeff Oliver May 8, 2013 Page 3 prepared, along with a rough estimate of the benefits of each of these improvements in regard to their ability to stabilize the channel. The estimated cost to complete this task: �7,SQ0 Task 7: Review Preliminary Plan with Stake Holders As part of this task, we anticipate halding a meeting to which we would invite City staf�', representatives fram the BCWMC, Corps of Engineers, DNR, and potentially homeowners in the project area to review the options and obtain feedback on the alternatives. The estixnated cost to complete this task: $3,200 Task 8: Select Most Cost-Effecrive Feasible AlternativelRefine Design The most cost-effective feasible alternative that appears to receive the most stakeholder support will be further developed and refined. A rnore accurate estimate of construction cost, and benefits will be develaped. The estirnated cast to camplete this task: $2,500 Task 9: Prepare Feasibility Report As part of this task, a feasibility report will be prepared having the fallowing farrnat: 1. Executive Suminary 1.1. Reach Background 1.2. General Project Description and Estimated Cost I.3. Recomrnendations 2. Backgrvund and Objectives 2.1. Gpals and Objectives 2.2. Background 2.2.1. Reach Description 2.2.2. Past Documents and Activities Addressing this Reach 3. Site Characteristics 3.l. Bassett Creek Watershed 3.2. Stream Characteristics 3.3. Site Aeeess 3.4. Wetlands 3.5. Cultural and Historical Resources 3.6. Phase I Environmental Assessment K:\02032-OOOW dminWocs�2014_Prop�1.TR_Prop2014BC_Resto050813.doc Mr. Jeff Oliver May 8, 2013 Page 4 4. PotentialImprovements 4.1. Description of Potential Improvements 4.2. Project Impacts 4.2.1. Easement/Right of Entry Acquisition 4.2.2. Permits Required for Project 4.2.3. Other Project Impacts 4.3. Opinion of Cost 4.4. Funding Sources 4.5. Projeet Schedule Tables • BCWMC Channel Projects • Patential Stabilization Measures at Each Site • Patential Permit Requirements by Work Site • Site Locatians, Potential Stream Stabilization Practices, and Overall Option of Cost for Proj ect Figu�•es • Location Map + Stream Stabilization Sites • Stream Stabilizatian Options Appendices a} Preliminary Plan Set b) Site Photos c) Wetland Delineatian Report d} Cultural and Historical Resource Report e} Phase I Environrnental Assessment � City Erosion Inventory The estirnated cost to complete this task: $4,500 Task 10: Review Report with City Staff and BCWMC As part of this task, the�ndings contained in the final feasibiiity report will be reviewed and presented to City staff, BCWMC, and other interested parties. Should the City and BCWMC wish to proceed with the project, we will provide information and recommendations an the best appraach to move forward with innplementation of the project. The estimated cost ta complete this task: $1,5Q0 7'ask 11: Submit Project Plans to Permitting Agencies As part of this task, permit applications will be prepared and submitted to the U.S. Aimy Corps of Engineers far a 404 Pernut and Section 401 Certification from the Minnesota Pollution Control Agency. Permits will also be prepared and submitted to the LGU in compliance with Minnesota Wetland Conservation Act, and a permit application will be prepared and submitted to the DNR for a Public Waters Work Permit. A NPDES Storm Water Pollution Prevention Permat K:�02032-UOOWdmin�Docs�2014_PropV.TR_Prop20I4BC_Resto050813.doc � Mr. Jef:f Qliver May 8, 2013 Page 5 application will also be submitted far the project that will address managing erosion during constructi�n. The estimated cost to complete this task: $2,000 Cast for Study/Feasibility Report We estimate the cost to complete Tasks 1 - 11 ta range from$45,300 ta $54,100. Unless unforeseen issues are identified that are outside the scope of wark described above, tlus work. should be able to be completed within nine months of the date we receive notice ta proceed. If yUU are in agreement with the terms as outlined abave,please sign where indicated below and return one capy to our office. Sincerely, WSB&Associates,Inc. Pete Willenbring, PE Project ManagerNice President ef ACCEPTED BY: Thomas D. But-t, City Manager Date City af Go�lden Valley Shepard M. Harris, Mayor Date City of Golden Valley cc: Todd Hubmer, VVSB and Associates, Inc. K:�02032-0001Admin�Docs�2014_PropU.TR_Rop2014BC_RestoU5U8 t 3,doc �1��1 �� Public Works Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. F. Call for Public Hearing to Vacate Easements in the Plat of The Colonnade P.U.D. No. 53 (Arcata Apartments) Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary A developer has proposed the construction of a seven-story apartment building, called Arcata, on the vacant parcel located at the intersection of Xenia Avenue South and Golden Hills Drive. As a condition of the development, the City requires a portion of the northwest corner of the property to be dedicated as public right-of-way for the future construction of intersection improvements at Xenia Avenue and Golden Hills Drive. Staff is working with the property owner on the dedieation of public right-of-way and easements through separate document. As part of this process, a portion of the existing drainage and utility easement and walkway easement must be vacated. 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 affecte� property owners consistent with state statute. Attachments • Plat of The Colonnade P.U.D. No. 53 (1 page) • Easement Vacation Exhibit (showing drainage & utility easement to be vacated) (1 pagej • Walkway Easement Vacation Exhibit (showing walkway easement to be vacated) (1 page) • Right-of-Way Exhibit (showing proposed right-of-way dedication) (1 page) • Easement Exhibit (showing proposed drainage and utility easement dedication) (1 page) • Resolution Establishing a Public Hearing on June 18, 2013 to Consider Vacation of Portions of a Drainage and Utility Easement and Walkway Easement in the Plat of The Colonnade P.U.D. 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I .� J --� ��- �� v� m `a� n _ �� g� i i � �� • �� ,,• � �� f € q��'� � t � ��o s-� s � �-� �� '��s� 1p, �,o� � �� ,�� -!�`t!s„�`�1 i '_� � . __— `��a,r�, � ,0 '�'� ° � � 4 � � � _� r(L.Y 1� � - � � NvE s°�TN `�— � XEN�p, AvE g � � � , . ��_ H^�p•W53-1B%3-9[46S\AarunS\Hmp\g146T'�53�51�3/0Ud\�ft5=�as�-wep5:tt-£SOZ'IS�eW Resolution 13-48 June 4, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 18, 2013 TO CONSIDER VACATION OF PORTIONS OF A DRAINAGE AND UTILITY EASEMENT AND WALKWAY EASEMENT IN THE PLAT OF THE COLONNADE P.U.D. NO. 53 WHEREAS, the City desires ta consider vacation of a portion of a drainage and utility easement and a portion of a walkway easement in the recorded plat of The Colonnade P.U.D. No. 53, legally described as follows: That part of a drainage and utility easement dedicated in the plat of THE COLONNADE P.U.D. NO. 53, according to the recorded plat thereof, Hennepin County, Minnesota, being 10.00 feet wide and adjoining the northwesterly line of Lot 4, Block 1, of said plat; together with that part of a walkway easement reserved in document number 7797568, being 10.00 feet wide and adjoining the northwesterly line of Lot 4, Block 1, of said plat. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on June 18, 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. �.��° (�� , Public Warks Department 763-593-8Q30/763-593-3988(fax) ..� ��,:��. . Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. G. Traffic Signal Upgrades at Xenia Avenue and Golden Hills Drive Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Street Maintenance Supervisor Summary In the summer of 2012, the traffic signal at the intersection of Winnetka Avenue and Golden Valley Road was upgraded to include flashing yellow arrows. This project was a joint effort between the City of Golden Valley, Hennepin County, and the Minnesota Department of Transportation (MnDOT). Since this project was completed, City staff has been looking for opportunities to partner with other agencies to expand the implementation of flashing yellow arrows. When installed at appropriate intersections flashing yellow arrows reduce traffic delays and enhance intersection safety by reducing driver errors. Through this ongoing effort, the opportunity to install flashing yellow arrows at an additional intersection in the City has been arranged. With the current traffic demands and overall signal operation, along with potential redevelopment activity in the area of Golden Hills Drive and Xenia Avenue, improving the traffic signal operation at Golden Hills Drive and Xenia Avenue has been a priority for a number of years. Currently, the traffic signal at Golden Hills Drive and Xenia Avenue is owned by MnDOT and all projects need to be approved by MnDOT. However, this traffic signal is in the process of having ownership turned back to the City. Due to the traffic signal being in the process of turn back, time is of the essence for any joint partnership project between MnDOT and the City. Once awnership of the signal is transferred to the City, MnDOT's ability and interest in partnership with the City to improve traffic signal operation will no longer exist. Through partnering with MnDOT and using traffic management funds paid by Allianz at the time of development, and coordinating the project with the MCES work on Golden Hills Drive, the opportunity has presented itself to improve the operation of the intersection through lane re- configuration,traffic signal upgrades, and traffic signal timing modifications. The traffic signal upgrades and traffic signal timing modifications can be done through a joint effort with MnDOT. As part of the agreement, the City will furnish the traffic signal equipment and pay for installation. MnDOT will complete alt the traffic signal design, inspection, operation, and traffic modeling associated with the signal timings. Due to all the potential redevelopment and other infrastructure work, video vehicle detection will be installed as part of this project. The vehicle detection via video provides greater flexibility with signal operation, especially during construction when lanes may be shifted (which is currently planned as part of the MCES project). Traffic cameras are used only for vehicle detection and they are not recorded, do not provide camera feeds via the internet, and cannot be controlled remotely (they must be manually adjusted). Installation of the video detection will allow the traffic signal upgrades to be completed regardless of MCES construction or other potential local development impacts. The cost to the City for the proposed work is estimate to be $55,539. MnDOT participation includes traffic signal design, inspection, operation, and traffic modeling associated with the signal timings with an estimated cost is excess of$10,000. Without this partnership between the City and MnDOT,this project would not occur on this relatively short time frame and for this cost. Once ownership of the signal is shifted to the City, this partnership will no longer be available to the City and the entire cost of the upgrade will be the City's responsibility. MnDOT has said that the work will be completed this year. Attachments • Resolution Authorizing the Agreement with the Minnesota Department of Transportation for the Traffic Signal Upgrades at the Intersection of Xenia Avenue and Golden Hills Drive (1 page) Recommended Action Motion to adopt Resolution Authorizing the Agreement with the Minnesota Department of Transportation for the Traffic Signal Upgrades at the Intersection of Xenia Avenue and Golden Hills Drive. Resolution 13-49 June 4, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE TRAFFIC SIGNAL UPGRADES AT THE INTERSECTION OF XENIA AVENUE AND GOLDEN HILLS DRIVE WHEREAS, the Minnesota Department of Transportation is committed to partnering with local agencies to improve the transportation nefinrork of the highway system; and WHEREAS, the City of Golden Valley has a Master Partnership Contract with the Minnesota Department of Transportation; and WHEREAS, projects executed under the Master Partnership Contract are capped at $20,OOQ; and WHEREAS, the City of Golden Valley is committed to improving the transportation network in the City; and WHEREAS, the proposed traffic signal upgrades will improve traffic conditions at the intersection of Xenia Avenue and Golden Hills Drive. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the Gity of Golden Valley to waive the $20,000 cap of the Master Partnership Contract and authorize the Director of Public Works to contract with the Minnesota Department of Transportation for the traffic signal upgrades at the intersection of Xenia Avenue and Golden Hills Drive. 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. 6.�L& y �J� ' � r` �� Park and Recreation Department 763-512-2345/763-512-2344{fax} �;�„�',� ��`�°"'�.�, ._ � Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 3. H. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in the Park Series Prepared By Rick Jacobson, Director of Park and Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. The Golden Valley Federated Women's Club has donated $800 for the Concerts in the Park Series. Attachments • Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in the Park Series (1 page) Recommended Action Motion to adopt Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in the Park Series. Resolution 13-50 June 4, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES 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 simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $800 from Golden Valley Federated Women's Club for Concert in the Park Series 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'� V�. ';I@.. Police Department 763-593-8079/763-593-8098(fax) ��,��.�:�-° .. . _�_:. _.. � _ . , Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda item 6. A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License Renewals Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary The following establishments have applied for renewal of their liquor licenses for the 2013-2014 license term. The applicants meet City Code and State requirements for the renewal of their licenses. On-Sale and Sundav Sale D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster The Samurai, Inc. d/b/a Benihana Golden Valley Country Club Inc. d/b/a Golden Valley Country Club Webb Golden Valley LLC d/b/a Good Day Cafe Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Prom Management Group, Inc. d/b/a Prom Catering Teresa's LLC d/b/a Teresa's Mexican Restaurant Osaka Golden Valley Inc. d/b/a Osaka Sushi and Hibachi Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill Club On-Sale and Sundav Sale Chester Bird American Legion Post#523 Golden Valley VFW Post#7051 Wine On-Sale (includin�stron� beer) and Non-Intoxicatin� Malt Liauor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company Off-Sale Byerly Beverages, Inc. d/b/a Byerly's Wine &Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley liquor Barrel ZAOE, LLC. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors#2 JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits Off-Sale/On-Sale and Sundav Sale RZMP Corporation d/b/a Schuller's Tavern Recommended Action Motion to approve the renewal of the respective liquor licenses for the applicants listed above for the 2013-2014 (icense term. �� A.�� y �� .�.. Public Works Department 763-593-8Q30/763-593-3988(fax) �. _ _ �y.. . Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 6. B. First Consideration -Amendment to City Code Regarding Animal and Fowl Keeping, Transporting, Treatment, and Housing Prepared By Jeannine Clancy, Director of Public Works Stacy Carlson, Police Chief Eric Seaburg, EIT, Engineer Summary In 2012, the City Council was approached by a group of residents to consider modifications to the section of city code pertaining to Animals and Fowl Keeping,Transporting, Treatment, and Housing (Section 10.32). In particular,the residents were concerned with the prohibitive language regarding chicken keeping, a hobby that has grown significantly in interest over the past several years. At the time, the Council directed the Environmental Commission to perform a study on the citizen proposal and report back with their recommendation. At the April 12, 2013 Council/Manager meeting, the Environmental Commission Chair presented the Commission's findings to the Council. On a 4-3 vote, the Commission recommended a change to Section 10.32 of the City Code to allow chicken keeping, with limitations. The Commission also included a draft ordinance in the report to illustrate their perception of how a good ordinance would look. The proposed ordinance revisions were discussed further by the Council at additional Council/Manager meetings with City staff making modifications to the ordinance as necessary. In addition to the modifications regarding chickens, staff was directed to broaden the definition of animals in Subdivision 1(B). These changes, as well as the changes to the ordinance regarding chicken keeping, can be viewed in the attached documents. Attachments • Ordinance#500, Amending Section 10.32 Regarding Definition of Animals and Keeping of Chickens (4 pages) • City Code Section 10.32- Redline Version (4 pages) • City Code Section 10.32 - Clean Version (4 pages) Recommended Action Motion to adopt First Consideration, Ordinance#500, Amending Section 10.32 Regarding Definition of Animals and Keeping of Chickens. ORDINANCE NO. 499, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.32 Regarding Definition of Animals and Keeping of Chickens The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 10.32, Subd. 1(B) is amended by changing it thereof to read as follows: "Animals: Includes farm animals and all other animals, and feathered birds or fowl except dogs, cats, small rodents, rabbits, ferrets, reptiles under twenty (20) pounds, non-poisonous amphibians, non-poisonous snakes under forty (40) pounds, non-poisonous invertebrates, fish, and caged household birds." Section 2. City Code Section 10.32, Subd. 2 is hereby amended by deleting the word "permit" and replacing it with the word "license." Section 3. City Code Section 10.32, Subd. 2 is further amended by adding the following to the end of the first sentence: "or, (5) chickens in accordance with the terms in Subdivision 3 hereof." Section 4. City Code Section 10.32 is hereby amended by adding a new Subdivision 3 as follows and renumbering the remaining subdivisions. Subdivision 3. Keeping of Chickens No person shall own, harbor, or keep within the City a hen chicken unless a valid license for such chicken has been obtained pursuant to the provisions stated herein. A. License 1. Licenses shall be obtained annually and expire each April 1. 2. License application fees are due upon submittal of the license application. The fee will be established by ordinance. 3. The City may deny or revoke any license application or renewal if it deems the applicant (a) unable or unwilling to fulfill the provisions stated herein, (b) failing to comply with the provisions of this Section, (c) submitting inaccurate or incomplete license information, (d) failing to meet the conditions of the license, (e) creating a nuisance, or (t� if the public health and safety would be unreasonably endangered by the granting or renewing of such license. 4. An initial inspection of the property, coop, and run is required prior to issuance of a license. A similar inspection is also required for license renewals. 5. The City may inspect the licensed property at any time to ensure compliance with the provisions of this Section or for any other reason. B. General 1. The keeping of roosters is prohibited. 2. No more than four (4) chickens shall be kept on any one (1) licensed premises. 3. Chickens must be confined on the licensed premise at all times, in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling, garage, front yard, or side yard. 4. The butchering of chickens is prohibited. 5. All chicken grains and feed must be stored in a rodent proof container. 6. The use of chickens for cockfighting is prohibited. C. Coop and Run 1. All chickens shall be provided access to both a coop and run. 2. All fencing and electrical work associated with the chicken coop or run shall be consistent with the building and zoning codes and all appropriate permits and licenses shall be obtained therefore. 3. Any chicken coop or run shall be set back at least ten (10) feet from the principal dwelling, fifty (50) feet from principal dwellings on adjacent lots, and ten (10) feet from the property line. The coop and run shall be located closer to the principal dwelling of the licensed property than to any principal dwelling on adjacent properties. 4. Any coop or run shall be set back at least twenty-five (25) feet from the following features: a. A delineated wetland edge; b. The top of a bank of a pond, filtration basin, or infiltration basin. 5. Chicken coops shail have a maximum footprint area of ten (10) square feet per chicken and a minimum footprint area of five (5) square feet per chicken. 6. Chicken runs shall have a maximum footprint area of finrenty (20) square feet per chicken and a minimum footprint area of ten (10) square feet per chicken. 7. The coop shall be elevated a minimum of twelve (12) inches above ground and may not exceed a height of six (6) feet as measured from the ground. 8. No coop or run shall be located in any form of easement or right-of- way. 9. The coop and run shall be completely enclosed and rodent proof. 10. The coop shall provide adequate protection from the elements and be winterized. D. Private Restrictions and Covenants on Property. Notwithstanding the issuance of a license by the Gity, private restrictions or covenants on the use of property shall remain enforceable. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant declarations. A license issued to a person whose premises are subject to private restrictions and/or covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. Section 5. City Code Section 10.32, Subd. 8 (after renumbering) is hereby amended by deleting the phrase "Director of Public Safety" and replacing it with the phrase "Chief of Police." Section 6. City Code Section 10.32, Subd. 9 (after renumbering) is hereby amended by deleting the words "Department of Public Safety" and replacing them with the words "Police Department." Section 7. City Code Section 10.32, Subd. 9 is further amended by adding the word "administrative" before the word "citations" and adding the phrase "in accordance with Section 4.60 Subdivision 3(b) of the City Code" after the word "citations." Section 8. City Code Section 10.32, Subd. 9 is further amended by adding the phrase "Administrative citations for violations of this section shall be processed, heard and considered in all respects as that provided in Section 4.60, Subdivisions 11 and 12 of the City Code" after the phrase "violation of this Section." Section 9. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 10. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of June, 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk § 10.32 Section 10.32: Animals and Fowl-Keeping, Transporting, Treatment, and Housing Subdivision 1. Definitions As used in this Section, the following definitions shall apply. A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals: Includes farm animals and all other animals, �e�i�e� and feathered birds or fowl except dogs, cats, ' , small rodents, rabbits� ferrets, reptiles under twentv (20�pounds,. non-poisonous amphibians, non- poisonous snakes under forty (40) pounds, non-poisonous invertebrates, fish, and caged household birds. Subdivision 2. Keeping It is unlawful for any person to keep or harbor any animal, not in transit, except (1) animals kept as part of a show licensed under the City Code, or, (2) animals used in a parade for which a �� license has been issued, or, (3) animals kept in a laboratory for scientific or experimental purposes, or, (4) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or,�5) chickens in accordance with the terms in Subdivision 3 hereof. Subdivision 3. Keeping of Chickens No person shall own, harbor, or keep within the City a hen chicken unless a valid license for such chicken has been obtained pursuant to the provisions stated herein. A. License 1. Licenses shall be obtained annually and expire each April 1. 2. License application fees are due upon submittal of the license application. The fee will be established by ordinance. 3. The City may deny or revoke any license application or renewal if it deems the applicant �a) unable or unwilling to fulfill the provisions stated herein, (b) failing to comply with the provisions of this Section, (c) submitting inaccurate or incomplete license information, (d) failing to meet the conditions of the license, (e) creating a nuisance, or (f) if the public health and safetX would be unreasonably endangered by the granting or renewing of such license. 4. An initial inspection of the property� coop, and run is required prior to issuance of a license. A similar ins.pection is also required for license renewals. Golden Valley City Code Page 1 of 4 § 10.32 5. The City may inspect the licensed property at anx time to ensure compliance with the provisions of this Section or for any other reason. B. General 1. The kee,ping of roosters is,prohibited. 2. No more than four (4) chickens shall be kept on any one (1) licensed premises. 3. Chickens must be confined on the licensed premise at all times� in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling� garage, front kard, or side yard. 4. The butchering of chickens is prohibited. 5. All chicken grains and feed must be stored in a rodentproof container. 6. The use of chickens for cockfighting is prohibited. C. Coop and Run 1. All chickens shall be provided access to both a coop and run. 2. All fencing and electrical work associated with the chicken coop or run shall be consistent with the building and zoning codes and all appropriate permits and licenses shall be obtained therefore. 3. Any chicken coop or run shall be set back at least ten (10) feet from the princ�al dwelling, fifty (50) feet from principal dwellin�s on adjacent lots, and ten (10) feet from the �roperty line. The coop and run shall be located closer to the principal dwelling of the licensed property than to any principal swellina on adjacent properties. 4. � coop or run shall be set back at least twenty-five (25) feet from the following features: a. A delineated wetland edae; b. The top of a bank of a pond, filtration basin�or infiltration basin. 5. Chicken coops shall have a maximum footprint area of ten (10� square feet per chicken and a minimum foo�rint area of five (,5) square feet per chicken. 6. Chicken runs shall have a maximum footprint area of twenty (20) square feet per chicken and a minimum footprint area of ten (10� square feet per chicken. Golden Valley City Code Page 2 of 4 § 10.32 7. The coop shall be elevated a minimum of twelve �12) inches above ground and may not exceed a heig.ht of six (6� feet as measured from the round. 8. No coop or run shall be located in any form of easement or right-of-wa r�,._. 9. The coop and run shall be completelx enclosed and rodent proof. 10. The coop shall provide adequate protection from the elements and be winterized. D. Private Restrictions and Covenants on Property. Notwithstanding the issuance of a license by the City, private restrictions or covenants on the use of property shall remain enforceable. Private restrictions include but are not limited to deed restrictions condominium master deed restrictions neighborhood association bv-laws, and covenant declarations. A license issued to a person whose premises are subject to private restrictions and/or covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. Subdivision 3 4. Animals in Transit It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) restrained by means of bridles, halters, ropes or other means of individual restraint. Subdivision 4 5. Treatment It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruei or inhumane manner. Subdivision � 6. Housing It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements. Subdivision 6 7. Trespasses It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefor from the owner. Subdivision � 8. Trapping It is unlawful for any person to, by means of any device or contrivance, catch, trap, snare, or restrain any animal. Provided, however, thafi the ' Chief of Police or Director of Public Works may waive the prohibition in this Subdivision for the purpose of abating nuisances. Golden Valley City Code Page 3 of 4 § 10.32 Subdivision 8 9. Enforcement Licensed peace ofFicers, reserve officers, and community service officers, employed by the Police Department are authorized to issue administrative citations €e�#e in accordance with Section 4.60 Subdivision 3(b) of the Ci� Code for violation of this Section. Administrative citations for violations of this Section shall be processed, heard and considered in all respects as that provided in Section 4.60� Subdivisions 11 and 12 of the Ci� Code. Golden Valley City Code Page 4 of 4 § 10.32 Section 10.32: Animals and Fowl-Keeping, Transporting, Treatment, and Housing Subdivision 1. Definitions As used in this Section, the following definitions shall apply. A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. B. Animals: Includes farm animals and all other animals, and feathered birds or fowl except dogs, cats, small rodents, rabbits, ferrets, reptiles under twenty (20) pounds, non-poisonous amphibians, non-poisonous snakes under forty (40) pounds, non-poisonous invertebrates, fish, and caged household birds. Subdivision 2. Keeping It is unlawful for any person to keep or harbor any animal, not in transit, except (1) animals kept as part of a show licensed under the City Code, or, (2) animals used in a parade for which a license has been issued, or, (3) animals kept in a laboratory for scientific or experimental purposes, or, (4) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or, (5) chickens in accordance with the terms in Subdivision 3 hereof. Subdivision 3. Keeping of Chickens No person shall own, harbor, or keep within the City a hen chicken unless a valid license for such chicken has been obtained pursuant to the provisions stated herein. A. License 1. Licenses shall be obtained annually and expire each April 1. 2. License application fees are due upon submittal of the license application. The fee will be established by ordinance. 3. The City may deny or revoke any license application or renewal if it deems the applicant (a) unable or unwilling to fulfill the provisions stated herein, (b) failing to comply with the provisions of this Section, (c) submitting inaccurate or incomplete license information, (d) failing to meet the conditions of the license, (e) creating a nuisance, or (f) if the public health and safety would be unreasonably endangered by the granting or renewing of such license. 4. An initial inspection of the property, coop, and run is required prior to issuance of a license. A similar inspection is also required for license renewals. Golden Valley City Code Page 1 of 4 § 10.32 5. The City may inspect the licensed property at any time to ensure compliance with the provisions of this Section or for any other reason. B. General 1. The keeping of roosters is prohibited. 2. No more than four (4) chickens shall be kept on any one (1) iicensed premises. 3. Chickens must be confined on the licensed premise at all times, in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling, garage, front yard, or side yard. 4. The butchering of chickens is prohibited. 5. All chicken grains and feed must be stored in a rodent proof container. 6. The use of chickens for cockfighting is prohibited. C. Coop and Run 1. All chickens shall be provided access to both a coop and run. 2. All fencing and electrical work associated with the chicken coop or run shall be consistent with the building and zoning codes and all appropriate permits and licenses shall be obtained therefore. 3. Any chicken coop or run shall be set back at least ten (10) feet from the principal dwelling, fifty (50) feet from principal dwellings on adjacent lots, and ten (10) feet from the property line. The coop and run shall be located closer to the principal dwelling of the licensed property than to any principal swelling on adjacent properties. 4. Any coop or run shall be set back at least twenty-five (25) feet from the following features: a. A delineated wetland edge; b. The top of a bank of a pond, filtration basin, or infiltration basin. 5. Chicken coops shall have a maximum footprint area of ten (10) square feet per chicken and a minimum footprint area of five (5) square feet per chicken. 6. Chicken runs shall have a maximum footprint area of twenty (20) square feet per chicken and a minimum footprint area of ten (10) square feet per chicken. Golden Valley City Code Page 2 of 4 § 10.32 7. The coop shall be elevated a minimum of twelve (12) inches above ground and may not exceed a height of six (6) feet as measured from the ground. 8. No coop or run shall be located in any form of easement or right-of-way. 9. The coop and run shall be completely enclosed and rodent proof. 10. The coop shall provide adequate protection from the elements and be winterized. D. Private Restrictions and Covenants on Property. Notwithstanding the issuance of a license by the City, private restrictions or covenants on the use of property shall remain enforceable. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant declarations. A license issued to a person whose premises are subject to private restrictions and/or covenants that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restrictions is the sole responsibility of the private parties involved. Subdivision 4. Animals in Transit It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or (2) restrained by means of bridles, halters, ropes or other means of individual restraint. Subdivision 5. Treatment It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner. Subdivision 6. Housing It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements. Subdivision 7. Trespasses It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefor from the owner. Subdivision 8. Trapping It is unlawful for any person to, by means of any device or contrivance, catch, trap, snare, or restrain any animal. Provided, however, that the Chief of Police or Director of Public Works may waive the prohibition in this Subdivision for the purpose of abating nuisances. Golden Valley City Code Page 3 of 4 § 10.32 Subdivision 9. Enforcement Licensed peace officers, reserve officers, and community service officers, employed by the Police Department are authorized to issue administrative citations in accordance with Section 4.60 Subdivision 3(b) of the City Code for violation of this Section. Administrative citations for violations of this Section shall be processed, heard and considered in all respects as that provided in Section 4.60, Subdivisions 11 and 12 of the City Code. Golden Valley City Code Page 4 of 4 �-�� , !;. � �� Fin r . ance Depa tment 763-593-8013/763-593-8109(fax) �� .ti Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 Agenda Item 6. C. First Consideration - Ordinance#500-Amendments to the 2013 Master Fee Schedule - Chicken Coop License and Initial Investigation Fee Prepared By Sue Virnig, Finance Director Summary If the Council proceeds with adoption of the amendments regarding the keeping of chickens the Council should also adopt the associated fees. The Master Fee Schedule should be amended to include the fee for the chicken coop license and the initial investigation fee. Staff is proposing the annual fee for the license shall be $25 and the initial investigation fee shall be $50. If the Council adopts the Ordinance on First Consideration, Second Consideration wil! be held on the lune 18, meeting. Upon approval after two considerations, the fees will be added to the Master Fee Schedule and reviewed annually. All licenses will be renewed in April of each year. Attachments Ordinance#500, Amendment to the Master Fee Schedule for Chicken Coop License and Initial Investigation (1 page) Recommended Action Motion to adopt on First Consideration, Ordinance#500, Amendment to the Master Fee Schedule for Chicken Coop License and Initial Investigation. ORDINANCE NO. 500, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Chicken Coop License and Initial Investigation The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended by adding the following: Chicken Coop License Initial Investigation $50 Annual License 1 April $25 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of June, 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk �� Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting June 4, 2013 "60 Days" Deadline:July 1, 2013 Agenda Item 6. D. Authorization to Sign Amended PUD Permit-The Colonnade (Arca#a) PUD No. 53 - Amendment No. 5 Prepared By Joe Hogeboom, City Planner Summary Trammell Crow Company is seeking approval of a minor amendment to the Planned Unit Development (PUD) Permit for the Arcata. In April, approval was given for the construction of a 173-unit, market rate apartment building located at the northwest corner of the Colonnade site. This amendment approves moving the building 6.76 feet to the west, and changing the configuration of the building slightly. The new proposed Arcata has 165 units. The change allows far the construction of additional two bedroom units, based on market demand. The amended plan includes the same amount of parking spaces as the previously approved plan, thereby improving the unit/parking ratio. Because this property is guided by a PUD, all development within the property must be consistent with the PUD permit and the plans attached to the PUD permit. Staff has determined that the proposed amendment is consistent with the PUD permit, and may be considered as a minor amendment to the PUD. In order to qualify as a minor amendment, the minor amendment has to meet an eight point test. The proposed Arcata amendment meets the test. The proposed minor amendment shall not: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. 2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. 3. Alter significantly the location of buildings, parking areas or roads. 4. Increase or decrease the number of residential dwelling units by more than five percent. 5. Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent. 6. Increase the number of stories of any building. 7. Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. 8. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. The City Council has the right to approve the amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for their input and recommendation. Because of the minor impact of this proposal, staff does not think it necessary to have Planning Commission or public input. Attachments • Location Map (1 page) • Memo from Deputy Fire Chief John Crelly dated May 28, 2013 (1 page) • Underlined/Overstruck Colonnade PUD Amendment No. 5 Permit (3 pages) • Site Plan (1 page) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD permit for The Colonnade (Arcataj PUD No. 53, Amendment No. 5, to allow for the construction of a 165-unit apartment building, moved 6.76 feet to the west from what was approved in Amendment No. 4, subject to the following conditions: 1. The plans prepared by ESG Architects, dated April 30, 2013 and submitted with the application shall become a part of this approval. 2. This approval is subject to the terms and conditions required in the Development Agreement for the Arcata dated April 16, 2013. 3. The development is subject to all applicable requirements of City Code Section 11.56- I-394 Overlay Zoning District Ordinance including, but not limited to, the following: each time a)the traffic generated for one hour during the pm peak hour three days out of five consecutive business days exceeds Level of Service E at more than half of the intersections within the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational), or b) once the reserve capacity allocated to the city for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one hour during the pm peak hour three days out of five consecutive business days reaches Level of Service E at more than half of the intersections of the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational). It shall be designed to reduce the traffic generated by or from the parcel by a percentage which, in conjunction with the other parcels in the zone, will accommodate Level of Service E at the pm peak hour (or keep it within the city's allocable portion of the reserve capacity, if that applies), given the pm peak hour trips assumed to be generated by the parcel based on the table attached hereto as Exhibit 1. The owner shal( submit the traffic management plan to the loint Task Force which shall review and approve all traffic management plans before they may be implemented. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. r ,+yr"'��y�•'.. t I. f ��:j ��.Y� w �'�i 3" x it�34`�,�i. \ . . '� 104 }y 410 . .: . _,a.x a:I �� ,..:°�s...n t 'V �. � . . .. UIUREL AVE � � �ii �� O � � ��O � � � 700 � �1 900 Si5 -� y � � � i32 ' 70! � Ii21 _. .... . .. . X � � � � � � i2i i37 � �: s 7tt ,. _.. _ ._ ., _. _.wu►YZ�►r�s�w .. _ _�. .. Subject Property � � � � � � _ ,_,�. `. ,, � , , , I � , fi � � � � ,� i i�f ; _. .._. .... ... .. � C3RCLE ONS i � �ri , .. ... .. . ., �u s� 6701 ' ,�' ��'�, ,�/',�� ' � '�� ,/�G'��f��y�� g, �'I,� 5 yY'+ � ' ,�'� Y�:.`. � � �§�1: � � � '; � �' ' i{ip S3Zp �� 54IIi � PARK PU10E BLYD 6 TO Nib 3394 . � VYB Il94 PARK . PLAC!BLYDS �. _. � Sg pOST�Wd13Y� .... . . . .. . .... .. . . . ... .... ._ ._. _.. .. . _ INfERSTAT'E J0� ... . : . .. .. . . ...... . .�. _. . .. . . 384 HdY i.N ' INfERSTATE J9A - - . .. . 99't 11�Y�. .. .. . EB 2391 TO Sb MMfY300 S' . �'d IJ44 TO pAikK iLAC�dlW S .. � g�,Ya 5 TO E8 S'� _ _. ._ .. VAi[K V�� _ .. � Yi+ar+laEyiAA^dNtS�Cotyrin+CS�itU318Q@9006 G �6i(NI �� , c'��' C� > . � �� +�. �'.` Fire Department 763-593-8079 J 753-593-8Q98 {fax} Date: May 28, 2013 To: Mark Grimes, Director of Planning and Zoning cc: Mark Kuhnly, Chief of Fire and Inspections Jeff Oliver, City Engineer From: John Crelly, Deputy Chief Subject: Final Design Plan for the Colonnade Apartments Golden Valley Fire Department staff have reviewed the PUD Amendment plans dated 4-30- 2013(2103) and application packet, which includes the site plan, utility plan, landscape plan and overall the proposed building,the use and type of occupancy for the proposed building. This PUD Amendment plan reflects a shifting of the building on the parcel and has no impact on the previous review comments dated January 29, 2013 from Ed Anderson who has since retired. If you have any questions, please contact me at 763-593-8065, or e-mail icrelly@�oldenvallevmn.�ov Original City Council Approval: December 16, 1986 Amendment No. 1 was withdrawn by the applicant Amendment No. 2 denied by City Council on February 20, 2007 Amendment No. 3 approved on June 5, 2007 Amendment No. 4 approved on March 5, 2013 Amendment No. 5 aeproved on June 4, 2013 City of Golden Valley, Minnesota Use Permit for Amendment#45 for Planned Unit Development Project Name: The Colonnade P.U.D. No. 53, Amendment #45 Location: 5500 Wayzata Boulevard Legal Description: Lot 4, Block 1, The Colonnade P.U.D. No. 53 Applicant: Trammell Crow Chicago Development Inc. Address: 2215 South York Road, Suite 204 Oak Brook, IL 60523 Owner: IRET Properties, a North Dakota limited partnership Address: �9–�� 10050 Crosstown Circle, Suite 105 , Eden Prairie, MN 55344 Underlying Zoning District: I-394 Mixed Use Permitted Uses: Apartment Building with Underground Parking Components: A. Land Use Component: 1. Land uses within Lot 4 of PUD #53 shall be an approximately 255,000 square foot apartment building with underground parking on the northwest corner (Lot 4) of the Colonnade site. B. Circulation Component: 1. No storage of snow shall be allowed on the site. 2. Authorization of the City Manager or his or her designee to review parking conditions on the site one year after occupancy begins. 3. The development is subject to all applicable requirements of City Code Section 11.56—I-394 Overlay Zoninq District Ordinance includinq, but not limited to, the following: each time a) the traffic qenerated for one hour durinq the pm peak hour three days out of five consecutive business days exceeds Level of Service E at The Colonnade P.U.Q. No. 53 —Amendment#4 5 Page 2 more than half of the intersections within the Xenia/Vernon interchange (effective after the interchange is substantially completed and operational), or b) once the reserve capacity allocated to the citv for this interchange has been used, whichever is first, the owner shall implement an original or revised traffic management plan. The traffic management plan initially shall be prepared when the traffic generated for one hour durinq the pm peak hour three days out of five consecutive business days reaches Level of Service E at more than half of the intersections of the Xenia/Vernon interchange (effective after the interchanqe is substantially completed and operational). It shall be desiqned to reduce the traffic qenerated by or from the parcel by a percentaqe which, in conjunction with the other parcels in the zone, will accommodate Level of Service E at the pm peak hour �or keep it within the citv's allocable portion of the reserve capacity, if that a�plies), given the pm peak hour trips assumed to be generated by the qarcel based on the table attached hereto as Exhibit 1. The owner shall submit the traffic management plan to the Joint Task Force which shall review and approve all traffic management plans before they may be implemented. C. Services and Facilities Component: 1. A Traffic Management Fee of $17,605.20 shall be paid by the developer. Half of the fee ($8,802.60) � has been �aid per Amendment #4. The remaining half of the fee is required to be paid prior to the issuance of a Building Permit. 2. All signs on the property must meet the requirements of the City's Sign Code. D. Maps and Reports: 1. Amendment #5 approves the Arcata Apartments accordinq the plans prepared bv ESG Architects dated April 30, 2013, approved bv City Council June 4, 2013. 2. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crellv to Mark Grimes, ' no„o��n,,,o„+ Community Development Director dated da�a+�-''°,� '-�o, Mav 28, 2013 shall become part of this approval. , , , , . , , , , �� It is hereby understood and agreed that this Use Permit is a part of the City Council approval granted March 5, 2013 and June 4, 2013 relative to Lot 4 in Planned Unit Development #53 and is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. The Colonnade P.U.D. No. 53 —Amendment #4 5 Page 3 IRET Properties, a North Dakota limited partnership Witness: By: Its: Date: City of Golden Valley Witness: By: Shepard M. Harris, Its Mayor Witness: By: Thomas D. 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