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07-02-13 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 780Q Golden Valley Road Council Chamber July 2, 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. Breck School Traffic Presentation 3 D. Legislative Update - State Representative Mike Freiberg 4 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - Council/Manager Meeting - May 14, 2013 �-7 B. Approval of Check Registers: 1. City 8 2. Housing and Redevelopment Authority 9 C. Licenses: 1. General Business Licenses 10 2. Solicitor's License - American Exteriors, LLC 11-13 D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - May 28, 2013 14-21 2. Bassett Creek Watershed Management Commission - May 16, 2013 22-27 E. Bids and Quotes: 1. City Hall Parking Lot Overlay - Bids 28-30 F. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan 31-34 Application - PUD #107 - The Towers at West End - Southwest Quadrant of I-394 and Highway 100 - Duke Realty, Applicant G, Approval of Environmental Response Fund Grant from Hennepin County for 35-40 2913 Qrchard Avenue North 13-59 H. Authorization to Sign Agreement with State of Minnesota for Auto Theft Prevention 41-47 Grant for Automatic License Plate Reader System I. Accepting Emergency Water Supply Preliminary Design and Feasibility Study and Proceed 48-54 with Financing Plan and Developing Plans and Specifications 13-60 J. Notification Regarding Exception to Noise Ordinance for the MCES Reliever Project 55-56 K. Authorization to Sign with Contraet Extension with Tim's Tree Service for Storm 57-59 Brush Pick-up Services 3. CONSENT AGENDA - CONTINUED L. Authorization to Sign Amended Patrol Officer (LELS Local #27) Labor Agreement 60-61 13-61 M. Authorization to Sign Contract with Madison National Life Insurance Gompany, Inc. 62-63 for Long Term Disability Insurance 13-62 N. Modifying 2013 GeneraLWages and Salary for Police Lieutenant Positions 13-63 64-65 O. Amending Reporting Requirements for Local Performance Measurement Program 66-68 13-64 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #501 - Conditional Use Permit 133 - 8851 7th Avenue 69-86 North - Sweet Cream Properties Golden Valley, LLC (Culver's), Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Wine On-Sale and Non-Intoxicating Malt Liquor License Renewal 87 B. Wine On-Sale (Including Strong Beer) and Non-intoxicating Malt Liquor - CCP LLC 88 d/b/a Mort's Deli C. Off-Sale Liquor -San Antonio Farms LLC d/b/a MGM Liquor Warehouse 89 D. Announcements of Meetings E. Mayor and Council Communications 7. ADJOURNMENT �.�� Public Works Department 763-593-8030/763-593-3988(fax) ; �.��_� � . . _ � , Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 1. C. Breck Student Presentations Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Street Maintenance Supervisor Summary Over the past couple of years, students from Breck have worked on class projects involving real- world topics in Golden Valley. During the 2012 school year, two students worked on topics related to traffic around Breck. Their projects were based on the City's traffic study that was completed during the summer and fall of 2012. One student, Abby Erdmann, will be presenting her project at the City Council meeting. Abby's focus was on distracted driving of vehicles coming from and leaving the school. Distracted driving is a nationwide epidemic, but Abby's work focused solely on school-related traffic. Because her work was focused solely on school traffic, no correlations or inferences should be made regarding the level of distraction of non-school related traffic. Yin (Amy) Yu, used the data collected by the City to estimate the number of trips generated by different activities at the school. Her work determined a baseline volume for Breck-related traffic and then compared that to a variety of school functions. Unfortunately, Amy is at home in China for the summer and is unable to present to the Council. Staff is working to make a copy of the poster of Amy's findings available to the Council. �� City Administration/Council 763-593-8003/763-593-8109(fax) �� _ __�.� . Executive Summary For Action Golden Valley City Council Meeting luly 2, 2013 Agenda Item 1, D. Legislative Update - State Representative Mike Freiberg Prepared By Thomas Burt, City Manager Summary State Representative Mike Freiberg will be present to provide a Legislative update. Council/Manager Meeting Minutes May 14, 2013 Present: Mayor Harris and Council Members, Clausen, Pentel, Scanlon and Schmidgall, City Manager Tom Burt, Community Development Director Mark Grimes, City Planner Joe Hogeboom, Public Works Specialist Eric Eckman, Environmental Commission Chair Jim Stremel, Student Volunteer Caleb Hausman, and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Council Conference Room. North Memorial Ambulance Presentation Mike Oliverius and Dr. Patrick Lilja from North Memorial were in attendance to give a presentation on the ambulance services they provide to the City. Oliverius discussed their accreditation process, their dispatch system, the number of ambulance requests by quarter, the 2012 call volume by day, requests per hour of the day, average response times and the types of calls they receive. After the presentation the Council thanked Oliverius and Lilja for their report and for attending the meeting. Receipt of 2012 Annual Report— Environmental Commission Environmental Commission Chair Jim Stremel was in attendance to review the Commission's 2012 Annual Report and to get the Council's feedback on their 2013 work plan. Stremel discussed the Commission's proposed priorities for 2013 including developing a Natural Resources Management Plan, supporting the Council on an Organized Solid Waste Collection Study and identifying transportation alternatives. The Council discussed the priorities and also discussed ather possible issues to consider such as the low maintenance/no mowing proposal, making composting and the waste collection study a higher priority, consideration of community gardens and doing more to highlight Bassett Creek. After discussion the Council consensus was that the first priority should be the Natural Resources Management Plan, including review of the recent proposal for reducing mowing, and finding ways to highlight Bassett Creek. The Council agreed to the order of the remaining priorities as presented in the work plan. July 4 Naturalization Ceremony Mayor Harris informed the Council that a Naturalization Ceremony is being held at City Hall on July 4. He explained that the event will be put on by Envision as a way for the community to come together. The Council discussed the impetus of this idea and the costs to the City which will only include having a Community Service Officer open and close the building. General Land Use Plan Map Amendment Request— Schuller's Tavern — 7345 Country Club Drive Tom Burt reminded the Council that at the last Council/Manager meeting they requested that Schuller's submit a survey of their property and a site plan illustrating where they would like to build a patio. He stated that before Schuller's spends a lot of money on survey's and plans he would like to know if there is Council consensus to consider going forward with a General Land Use Plan Map Amendment for the Schuller's property. Council/Manager Meeting Minutes May 14, 2013 — Page 2 The Council discussed different Zoning Districts that could possibly be used for this property. They also discussed requiring Schuller's to have a covenant on the property not allowing for any other types of commercial uses to protect the neighbors. After discussion the Council consensus was to not move forward with consideration of amending the General Land Use Plan Map for Schuller's property. Proposed City Code Amendment— Section 10.23 — Recreational Fires Galeb Hausman explained that he has been studying the existing language in City Code regarding recreational fires. He stated that the parameters he used while reviewing Golden Valley's and other cities' ordinances included permits, monitoring, materials allowed to be burned, placement, wind speeds, size, extinguishing and compliance with other government entities. The Council discussed additional parameters such as the time of day recreational fires would be allowed, the distance that a fire would have to be from a structure and prohibiting recreational fires on air quality alert days. After discussion the Council directed staff to move forward with the proposed City Code amendment with the inclusion of a better definition of recreational fires and the addition of language prohibiting fires on air quality alert days. Proposed City Code Amendment— Section 10.40 Location of Containers — Residential Zoning Districts Tom Burt stated that there has been an increase in the number of complaints about trash, recycling and yard waste containers being stored in public view. He explained that staff is proposing to amend the language in City Code to state that "containers shall be located out of view of the public right-of-way" instead of the current language that states containers shall be located "behind the front of the primary structure." The Council discussed whether containers should be required to be kept in residents' garages or if they should be required to be screened. They also discussed phasing the implementation of any new City Code language regarding the placement of containers over a one year period. After discussion the Council directed staff to proceed with the proposed amendment and bring it, and a communication plan regarding implementation, to a future Council/Manager meeting for review. Bottineau Transitway Station Area Planning Joe Hogeboom stated that Hennepin County has indicated that it will be begin station area planning this summer for the southern third of the Bottineau Transitway. He stated that staff is recommending that a steering committee be established which will partner with Hennepin County to conduct a comprehensive station area planning study. The primary goals for the study would include identifying all impacts of the Bottineau Transifinray on roads, sidewalks and trails, identifying effects on the existing transit system in northeastern Golden Valley, identifying station parking issues, availability and opportunities, meeting with key property owners and stakeholders to understand long-term plans for the area, identifying impacts to natural resources and ways to mitigate the Council/Manager Meeting Minutes May 14, 2013 — Page 3 impact, establishing long-term land use goals for areas adjacent to the proposed station locations, developing a communications plan and developing conceptual site design options. The Council discussed a number of issues including how much of a role the steering committee would have in the process, the number of people they would like to be on the proposed steering committee, if the people selected to be on the steering committee should be from the City's existing boards and commissions and if some residents in the area should also be on the steering committee. After discussion the consensus of the Council was that they are interested in forming a steering committee for station area planning that would include volunteers from existing board and commissions and a couple of residents in the area of the proposed Bottineau Transitway. Hogeboom said he would work on a schedule and communication plan and bring them back to the Council at a future Council/Manager meeting far review. Hogeboom added that Hennepin County has offered to give a tour of the Hiawatha Line for anyone who is interested. The Council discussed possible dates for the tour which included July 13, 14, 27 or 28. The meeting adjourned at 8:43 pm. Lisa Wittman Administrative Assistant V��}� i./� �;:u �I�. :"y:;<;�i�t`:`;' �� Finance De artment r 763-593-8013/763-593-8109(fax) .: ��,�� ° _,. �.�._. .. .. � � Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment af the bills as submitted. �� ! Finance Department 763-593-8013/763-593-8109(fax) � .�. �- �.a�., ao��. �, F_ � � �.- � � Executive Summary For Action Golden Valley City Council Meeting July 3, 2013 Agenda Item 3, B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the Housing and Redevelopment Authority. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. �� . Inspectians Department 763-593-80901763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. C. 1. General Business License Prepared By Shannon Dietrich Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant name and address, license type and fee of those who have submitted an application for approval. #6658 San Antonio Farms Retail Tobacco Sales $275.00 d/b/a MGM Liquor Warehouse 7702 Olson Memorial Highway Recommended Action Motion to authorize the issuance of license as recommended by staff. �� ; City Administration/Council 763-593-3991 /?63-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. C. 2. Solicitor's License -American Exteriors LLC 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 American Exteriors LLC. 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 mon#h. PEDDLER/SOLiCiTOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ ��1 �� 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: Peddler Solicitor � (circle one) Enclose the sum of$�_for U (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. _ f-�IM.?�c i C�✓� tX�2�1'�rs_ �.L� , (Business or Individual Name or Organization to be Licensed) �6 - �838��3 (MN Business ID or FEIN (Federal ID)for Business Licenses) Define Business � d� � •�,b��- �r�. (Corporation, Proprietorship, P nership, Non-Profit, State of Incorporation or Individual) I�0� ar-11�(a�o� Z,�. �(0� (Address) � � � /�I'U �J� U City, State and Zi Code) g(5- �a� - 2��' I �C'�t Cell� ��Z -Z32- b$�i (Telephone Number, including Area C de) NOW, THEREFORE, �Gt,,�� VD�I� hereby makes application for (Applicant Name) period of � 7 I 13 through 12/31/ I �j, subject to the conditions and provisions of said City C de. l ( gn ure o Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): l/`�i��otnSS ana� S�`�i�na, Ic� 5.2��i�ct A-�- o�t, ��G�inG i�n.�n'��V�'�a�►`�r � �aYl� i/1�.t`C5� �t-�"��S Af !�l O�t�Q,r`2�1�" -�tW�k �� G�. �.D Cb'S�" (�5`I"I�a�. NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ( - I�10$ la�� (o $ 5-5� -z �1� � . � ��i zc� C�� '�� et�.a�c- P��u N , - �1 U�I(�u �n� �5(L�I (If more space is needed, attach additional sheets) STATE OF Yh�� ) ss. COUNTY OF • 1VN�I�) �, �� of �t� C��1 � �ir� L C. (Officer/Individual) (Name of Organization) � being first duly sworn, depose and say that all the foregoing information is true to hisJher own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. � Sign ure of Applicant/Principal O�cer) Subscribed and s orn to before me this �yQf _� , 20 �3 . (Signature) w ,1�1Mw . ■ JUDITH A. NA�.LY ta�r�v pl�euC-Ma+�o�► �r ce�.iwe.e�.�.o.�,m�s � � Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals May 28, 2013 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, May 28, 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, Planning Intern Brett Angell and Administrative Assistant Lisa Wittman. I. Approval of Minutes —April 23, 2013 Regular Meeting Nelson referred to the second sentence in the third paragraph on pa�e five and noted that "Johnson" should be changed to "Nelson." MOVED by Fonnest, seconded by Johnson and motion carried unanimously to approve the April 23, 2013 minutes with the above noted correction. II. The Petition(s) are: 1719 Xerxes Avenue North Jean Kidd & Dennv Lutqen, Applicants (13-05-05) Request: Waiver from Section 11.21, Single Family Zoning District(R-1),� Subd. 11(A)(1) Front Yard Setback Requirements • 4 ft. off of the required 35 ft. to a distance of 31 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(2) Rear Yard Setback Requirements • 20.99 ft. off of the required 26.99 ft. to a distance of 6 ft. at its closest point to the rear yard (east) property line. Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Single Family Zoning Qistrict (R-1), Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 2 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 home to be 57 ft. in length without articulation. Purpose: To allow for the construction of a new home. 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 south wall of the proposed home to be 60 ft. in length without articulation. Purpose: To allow for the construction of a new home. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 19(B) Paved Area Setback Requirements • 3 ft. off of the required 3 ft. to a distance of 0 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a new driveway. Hogeboom referred to a site plan and explained that the applicants are proposing to tear down the existing house and build a new one. He noted that there are significant topography issues on this property and a large oak tree the applicants are trying to avoid. He explained that the proposed new house would be primarily in the same location as the existing hause however it is shifting toward the south, further away from the neighbor to the north. Maxwell asked why the property line along York Avenue is subject to front yard setback requirements. Hogeboom stated that any property line along a street right-of-way is considered to be a front property line. Hogeboom referred to plans of the proposed house and noted that even though the articulation requirements won't be met, the intent will because of the design of the eaves, windows and doors along the north and south sides of the home. He added that the existing shed located on the property will be removed. McCarty questioned how the intent of the articulation requirements would be met if the walls are on one continuous plane. Ma�nrell asked if the proposed new driveway will be in the same location as the existing driveway. Hogeboom stated that the new driveway will be in the same location. He added that if the proposed new garage were detached there would be a 5-foot setback requirement. Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 3 Johnson asked if the existing fence along the driveway would remain. Hogeboom said he believes the applicants are planning to remove it. Jean Kidd, Applicant, showed an illustration of the proposed new house. She reiterated that the house would be primarily in the same the location as the existing house, however they are proposing to create more distance between them and the neighbor to the north, which will improve the neighbor's site lines. She referred to the articulation requirements and stated that it would be difficult to articulate the walls while trying to maintain an old oak tree that currently exists on the property. She added that she thinks the proposed new house will be an asset to the neighborhood and that she is working with the bank that owns the house to the south regarding the fence issue. Nelson said she thinks the proposed house is in harmony with the intent of the Zoning Code, the proposed use is reasonable and the property is unique because of the topography and that fact that it has two front yards. She referred to the variance regarding articulation and said that she is ok with the way the house is being proposed because the walls will be broken up with windows, eaves and doors and won't be one long expansive wall with no detail. Kidd added that staying away from the existing oak tree on the property is the most important thing and the reason that they are proposing to build in the location shown on the survey. Fonnest questioned the alignment of the driveway and the proposed garage and asked if the garage could be moved further north. Kidd stated that moving the garage further north would take away from the view on that end of the house. She added that the dimensions of the new garage are the same as the existing garage. McCarty asked the applicant if she is intending to use the existing foundation. Kidd said no, there will be a new foundation in approximately the same location. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Johnson stated that the property is unique, there will be almost no impact to the neighbors and the proposed new house will be an improvement to the area. He added that the location of the existing fence gives him pause, but he is supportive of the variances as requested. Nelson agreed and stated that there are a lot of complicated issues with this site. Maxwell also agreed that the property is unique, the problems weren't caused by the current landowners and the proposal won't impact anything around it. McCarty stated that he is having difficulty supporting these variance requests. He said if the applicants were proposing to modify or add on to the existing house he might feel more inclined to grant the requested variances, however with new construction he thinks there is more room to build without needing variances. He said he understands the applicant wanting to save the large oak tree but he doesn't think the Board should take that into consideration. He said he understands the constraints on the site but he thinks an architect could have Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 4 followed the Zoning Code and with some redesign the applicants could meet many of the requirements given that it is new construction. Johnson questioned where a garage could be built. McCarty said that a detached garage could be built. He added that he is more inclined to approve the variances regarding the proposed garage than the variances from the front yard setbacks and articulation requirements. Nelson stated that if there was a true front and rear yard, rather than two front yards they would be having a different discussion. She also said she is considering the topography of the lot more than the existing oak tree. McCarty reiterated that he thinks the proposed new house could meet the articulation and front yard setback requirements. Fonnest asked the applicant if she has considered positioning the house differently. Kidd said they have considered different locations for the house, however there is a very small narrow space where the lot is flat enough. They are also constrained by having two front yards and she believes the trees are an important, valuable and an asset worth saving. McCarty stated that he thinks the proposed design is very nice and he is not saying that trees aren't valuable, he just doesn't think the Board is supposed to base their decisions on trees being removed. He added that there are many properties in Golden Valley that have topography issues so walk-outs are built or the properties are graded differently. Johnson referred to the impact on the neighborhood and noted that this property is difficult to see so he feels that the proposed construction won't impact or change the neighborhood. Nelson reiterated that the criteria the Board is supposed to consider when granting variances are being met. The proposal is in harmony with the intent of the Zoning Code, the proposal is reasonable, the essential character of the locality will not be changed, rather it will be enhanced and the property is unique in its shape, topography and the fact that there are two front yards. MOVED by Fonnest, seconded by Maxwell and motion carried 4 to 1 to approve the variance request for 4 ft. off of the required 35 ft. to a distance of 31 ft. at its closest point to the front yard (west) property line for a proposed new home. McCarty voted no. M4VED by Fonnest, seconded by Maxwell and motion carried unanimously to approve the variance request for 20.99 ft. off of the required 26.99 ft. to a distance of 6 ft. at its closest point to the rear yard (east) property line for a proposed new home. MOVED by Fonnest, seconded by Maxwell and motion carried 4 to 1 to approve the variance request to allow the north wall of the proposed home to be 57 ft. in length without articulation. McCarty voted no. MOVED by Fonnest, seconded by Maxwell and motion carried 4 to 1 to approve the variance request to allow the south wall of the proposed home to be 60 ft. in length without articulation. McCarty voted no. Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 5 MOVED by Fonnest, seconded by Maxwell and motion carried unanimously to approve the variance request for 3 ft. off of the required 3 ft. to a distance of 0 ft. at its closest point to the side yard (south) property line for a proposed new driveway. 2429 Parkview Blvd. Matt Tyson, Applicant (13-05-06) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(3)(b) Side Yard Setback Requirements • 10 ft. off of the required 15 ft. to a distance of 5 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the construction of a second story addition. Angell referred to a survey of the property and explained the applicanYs proposal to construct a second story addition on the existing house. He added that the addition would not be located any closer to the side yard (north) property line than the existing house is currently. Fonnest asked about the height of the house after the proposed addition is constructed. Angell stated that the height of house will be 20 feet on the north side. Matt Tyson, cantractor representing Push Properties, stated that they are trying to create a modern house with the bedrooms and bathrooms on the second level. He stated that the existing home is currently located too close to the north property line and they are trying to keep the design from looking too "boxy." Nelson asked if the home will still look like it is a story and a half. Tyson said yes and added that the house would not be taller than the 28-foot height limit as stated in the Zoning Code. Nelson said she is concerned about how much taller the home will be compared to how tall it is currently. Johnson noted that there are several different types of homes in this neighborhood and that this house will be bigger, but in context it will just have a different look. Tyson said they have considered many different design options that ended up looking bad. Johnson asked if there have been any comments from the neighbors. Hogeboom stated that staff received an email regarding the maintenance of the property but he thinks the neighbors are ok with the proposed construction. Nelson opened the public hearing. Hearing and seeing no one wishing to comment, Nelson closed the public hearing. Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 6 Fonnest compared this request to a similar request that the Board denied at their meeting last month. He said he thinks this proposed project will be a vast improvement to the neighborhood but he doesn't know if he can support a request for a second story addition that close to the property line. Maxwell noted that the houses around the house in last month's request were all similar in style whereas the homes in this area have different character. Fonnest stated that the area depends on how the word locality is defined and that this house will be bigger in size and scope than other properties in this neighborhood. Nelson said she too considered the Board's decision last month, however this home won't be much taller than the existing home. Maxwell agreed and added that the existing home is already a story and a half style house, not a rambler going to two-stories. McCarty agreed and stated that he is favor of the requested variances. Nelson stated that she feels the request meets the criteria that the Board is required to consider. MOVED by Maxwell, seconded by Johnson and motion carried unanimously to approve the variance request for 10 ft. off of the required 15 ft. to a distance of 5 ft. at its closest point to the side yard (north) property line to allow for the construction of a second story addition. 7759 Winsdale Street Duane Tiernev, Applicant (13-05-07) Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(1) Front Yard Setback Requirements • 12 ft. off of the required 35 ft. to a distance of 23 ft. at its closest point to the front yard (north) property line. Purpose: To allow for the construction of a new garage. Request: Waiver from Section 11.21, Single Family Zoning District (R-1), Subd. 11(A)(2) Rear Yard Setback Requirements • 24.80 ft. off of the required 28.80 ft. to a distance of 4 ft. at its closest point to the rear yard (east) property line. Purpose: To allow for the construction of a new garage. Angell referred to a survey of the property and explained the applicanYs request to build a two-stall garage. Fonnest asked if staff has any concerns about the proposed garage being located 4 feet from the property line as shown on the survey. Hogeboom stated that the Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 7 Inspections Department may require different constructian methods for a structure located that close to a property line and there may be concerns about access issues. Nelson stated that she is typically in favor of allowing people to build two-stall garages however this proposed garage is really close to the property line. Angell noted that the proposed new garage would be 24 x 28 in size. Fonnest asked if the roof line on the proposed garage would match the existing roof line of the house. McCarty stated that the roof of the proposed garage would probably be taller. Nelson asked if the applicant is proposing to add-on to the existing garage in order to get a two-stall garage or if the intention is to convert the existing garage into living space and then construct a two-stall garage. Maxwell stated that the survey seems to indicate that the existing garage would be converted into living space. Duane Tierney, Applicant, stated that his plan is to keep the roof line of the proposed new garage the same as the existing house. Nelson asked the applicant if the existing garage would be converted into living space. Tierney stated that he anticipates that he will eventually convert the existing garage into living space. McCarty questioned if in the meantime the existing garage would remain garage space. Tierney said yes. Nelsan said she would feel more comfortable allowing the applicant to add an additional garage space onto his existing garage in order to get a two-stall garage rather than adding a new finro-stall garage onto the existing garage. Johnson stated that the proposed new garage would not impinge or encroach on the neighboring properties and the applicant's request doesn't sesm to be inconsistent with the houses in the neighborhood. Nelson reiterated that she would be in favor of allowing a second garage stall to be built but she is not in favor of turning the existing garage into a three-stall garage especially when it would require such a large variance. Maxwell noted that either way, a front yard variance would be required. Tierney added that the house on the neighboring property to the east of his proposed garage addition is very far away. Maxwell said he would be inclined to grant the variance as requested for the frant yard and suggested that the Board consider allowing a garage addition to be 10 feet from the east property line instead of the requested 4 feet. Johnson questioned how the Board would feel if the applicant converted the existing garage into living space and then asked to construct a two-stall garage. Hogeboom stated that the Zoning Code requires that there be enough space on a property to provide for a two-stall garage. Minutes of the Golden Valley Board of Zoning Appeals May 28, 2013 Page 8 McCarty expressed concern over not seeing a plan for the proposed garage and just relying on the applicant stating that someday he hopes to convert the existing garage into living space. Nelson explained to the applicant that the Board could table his request and he could come back to the Board with more detailed plans of the proposed-garage. Maxwell explained to the applicant that the Board is trying to allow him enough space to build another garage stall further away from the east property line than the proposed 4 feet. The applicant agreed that he would like to table his request and come back to the Board with more detailed plans for a two-stall garage. MOVED by Maxwell, seconded by Fonnest and motion carried unanimously to table the applicant's request. III. Other Business Election of Officers MOVED by Nelson, seconded by Johnson and motion carried unanimously elect Maxwell as Chair. Maxwell accepted the nomination. MOVED by McCarty, seconded by Maxwell and motion carried unanimously elect Johnson as Vice Chair. Johnson accepted the nomination. IV. Adjournment The meeting adjourned at 8:45 pm. Nancy J. Nelson, Chair Joseph S. Mogeboom, Staff Liaison _ � �� ' Item 4A ' BCWMC 6-20-13 �a��' �� Bassett Creek Watershed Management Commission lVIin�ut�s vf the R.egular-1��rg 1VIa�1�;��1�� ; ; Gc��deri�"a��ey�C�ty��X�,"11�30 a m w: '.' ; ; ° � v . �: � �. - ; � � � :, �, _ : �� , . v � � � Commissioners and Staff Present: Crystal Commissioner Dan Jahnson Robbinsdale Not represented Golden Valley Alternate Commissioner Dave St. Louis Park Commissioner Jim de Lambert, Vice Hanson Chair Medicine Commissioner Ted Hoshal, Administrator Laura Jester,Keystone Waters LLC Lake Secretary Minneapolis Alternate Commissioner Lisa Attorney Charlie LeFevere, Kennedy&Graven Goddard Minnetonka Not represented Engineer Karen Chandler, Barr Engineering Co. New Hope Alternate Commissioner Pat Recorder Amy Herbert Crough Plymouth Commissioner Ginny Black, Chair Technical Advisory Committee(TAC)Members/Other Attendees Present: Derek Asche,TAC,City of Plymouth Jeff Oliver,TAC, City of Golden Valley Christopher Gise,Resident,City of Golden Valley John O'Toole,Alternate Commissioner, City of Medicine Lake Chris Long,TAC,City of New Hope Gina Purcell,Sun Post Linda Loomis, BCWMC Next Generation Plan Liz Stout, TAC, City of Minnetonka Steering Committee Chair Tom Mathisen,TAC, City of Crystal Jim Vaughn,TAC, City of St. Louis Park Richard McCoy,TAC, City of Robbinsdale Perry Edman, TAC, City of St. Louis Park 1 BCWMC May 16, 2013, Meeting Minutes L CALL TO ORDER AND It{?LL CALL On Thursday,May 16,2013, 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 and Robbinsdale were absent from the roll call. 2. CITIZEN FORUM ON NaN-A�ENDA ITEMS No citizen input. 3.AGENDA Alternate Commissioner Goddard moved to approve the agenda.Alternate Commissioner Hanson seconded the motion. The motion carried unanimousl,y 7=0 [Cities of Minnetonka and Robbinsdale absent from vote]. 4. CUNSENT AGENDA Commissioner Johnson moved to approve the Consent Agenda. Alternate Commissioner Goddard seconded the motion.The motion carried unanimously 7-0 [Cities of Minnetonka and Robbinsdale absent from vote]. [The following items were approved as part of the Consent Agenda: the April 18,2013, BCWMC meeting minutes,the May Financial Report,payment of the invoices, approval of reimbursement to the City of Golden Valley for 2012 Bassett Creek Reach 1 Restoration Project,acceptance and authorization of distribution of the 2012/2013 financial audit,motion to not waive monetary limits on municipal tort liability,and approval of the cooperative agreement between BCWMC and City of Golden Valley for feasibility report preparation for Main Stem Channel Restoration Project 2015CR. The general and construction account balances reported in the May 2013 Financial Report are as follows: Checking Account Balance $684,465.29 TOTAL GENERAL FUND BALANCE $684,465.29 TOTAL CASH&INVESTMENTS ON- $2,459,423.69 HAND (5/8/13) CIP Projects Levied—Budget Remaining ($3,037,457.21) Closed Projects Remaining Balance ($578,033.52) 2013 Anticipated Tax Levy Revenue $986,000.00 Anticipated Closed Project Balance $407,966.48 2 BCWMC May 16, 2013, Meeting Minutes 5.PUBLIC HEARING Ms. Chandler summarized the Major Plan Amendment,explaining that the amendment proposes: •Adding to the BCWMC's CIP a 2014 project to modify Schaper Pond in Golden Valley; •Adding to the CIP a 2014 project to construct a water quality treatment pond in the Briarwood/Dawnview area of Golden Valley; and, •Adding to the CIP a 2014 project to provide in-lake alum treatment of Twin Lake in Golden Valley. Chair Black opened the public hearing for comments and announced that the hearing would be continued to the Commission's June 20`h meeting.Hearing no comments,Chair Black continued the hearing until June 20`h and said that the Commission will continue to accept comments until the June 20"'hearing. 6. NEW BUSINESS A. Review Roles and Responsibilities Document. Administrator Jester asked for comments about the document. Commissioners and legal counsel provided recommended changes. Mr. Asche raised the topic of erosion control inspections,which is listed in the document as an Engineer responsibility. He described the City of Plymouth's erosion inspection process and noted that the City conducts weekly inspections. Mr.Asche said that the efforts of the Commission seem duplicative of what the City is doing. TAC members from Minnetonka, St. Louis Park,and Golden Valley commented that their cities also conduct weekly inspections as part of the MS4 requirements. Mr. Mathisen added that the City of Crystal conducts erosion inspections as part of the MS4 permit requirement. There was a discussion about the inspection requirements placed on the cities as part of the MS4 permit,the interest of the Commission in conducting its own inspection of Commission projects including non-City projects such as county and state projects,and whether a new process could be put in place in which the cities provide their inspection reports to the Commission for its TMDL reporting. Commissioner Hoshal noted the City of Medicine Lake does not perform inspections. Chair Black requested that the Roles and Responsibilities document maintain that task in the Engineer section for now and after future Commission discussion about the inspection process,the Commission could remove it as necessary.Administrator Jester asked if the Commission could add"as needed"onto that task. The Commission agreed. Chair Black requested that the TAC review the document at its June meeting and directed staff to make the changes as discussed at this meeting and to put the item on the June meeting agenda as a consent item. B. Review Committee Appointments. The Commission updated Committee rosters: i. Budget Committee: Ginny Black,Jim de Lambert,Ted Hoshal,Stacy Hoschka ii. Administrative Services Committee: Ginny Black,Jim de Lambert,Ted Hoshal,Wayne Sicora iii. Education Committee: Ted Hoshal (Jim de Lambert offered to help with education events). Lisa Goddard and Dan Johnson indicated they would like to help with the committee but indicated their availability for meetings was limited. iv. Next Generation Plan Steering Committee: Linda Loomis, Michael Welch,Ted Hoshal, Wayne 3 BCWMC May 16, 2013, Meeting Minutes Sicora, Lisa Goddard,Justin Riss, Laura Jester,and Karen Chandler. C. Consider Reimbursement to Commissioners and Volunteers for Mileage to Special Events/ Meetings. The Commission discussed the proposal and decided that due to the amount of paperwork needed that it was not practical to pursue further at this time. It was also noted that volunteers can write off mileage on their annual ta�c returns. D. Review Proposed 2014 Budget. Chair Black walked the group through each line item in the budget and took comments.The Commission discussed line 8—Surveys and Studies. Chair Black said that the Commission may consider a possible reduction to this line's budget and go back to the 2012 budget number. There was a discussion about how to plan for contingencies and whether the Commission should have a policy discussion about whether it should use its fund balance to pay for contingencies. Chair Black directed staff to add that policy discussion to a future agenda. Ms. Chandler presented options for 2014 water quality monitoring. The Commission directed the TAC to discuss the monitoring tasks planned,identify any holes,and come back to the Commission in June with a recommendation on that budget item and how the Commission can keep its data contiguous. The Commission talked about the erosion inspections tasks and budget. Commissioner Hoshal raised the idea of inspections of salt storage facilities. Chair Black suggested this topic be discussed as part of the Plan revision process. The Commission directed the TAC to discuss the erosion inspection budget line item and to bring a budget recommendation to the Commission at its June meeting. The Commission directed the Commission Engineer to provide the TAC with information on the amount of time the engineering staff spent on doing the inspections and the amount of time spent doing the administrative tasks such as writing the reports. Chair Black said that it could make sense to look at the project lists of the county and state to see if there are projects slated in the watershed for 2014. Commissioner Hoshal requested that a footnote be added for line item 23—Administrator-explaining the increase. Commissioner de Lambert voiced his support of using the 2012 unspent Administrator budget. Chair Black said she would support that action. There was discussion on how it could be reflected in the 2014 budget table. Chair Black said that the Budget Committee will schedule a meeting to be held sometime after the TAC's June meeting. Mr. Asche told the Commission that Plymouth's city council will not be expecting to see a BCWMC proposed budget that has a second year of double-digit increases. He requested that the TAC discuss the budget and indicated the Commission should look closely at where its money is going. Chair Black said that the TAC can review the budget and can make a recommendation on any line item. There was a discussion about items in the 2014 budget that will not be annual expenses and about using the fund balance for some of the 2014 expenses.Ms. Loomis cautioned the Commission against using the fund balance as a onetime fix for a long-term budget inbalance. E. TAC Updates. Jim de Lambert volunteered to be the TAC liaison at the June 6`�'TAC meeting. Chair Black and Alternate Commissioner Crough said they would try to attend. The Commission reviewed the list of TAC agenda items for the June 6`''meeting and for future TAC meetings including XP SWMM and P8 model findings, developing annualized cost per pound of phosphorus removal for projects, emerald ash borer preparations in cities,the Blue Star Award Program,creek crossing signage,2014 water monitoring program, roles and responsibilities document,road salt storage facility inspections,and watershed inspections . 4 BCWMC May 16, 2013, Meeting Minutes 7. (.1LD BT.TSiN�+�S A. Receive Updates on Next Generation Plan Development. Administrator Jester summarized the findings from the small group meetings and the results to-date of the online survey. She said that at the June 13`h Watershed Summit,the public will be prioritizing the identified issues. Administrator Jester recommended that the Commission schedule time to conduct its own prioritization of the issues. The Commission decided to meet immediately after the June 24`f'watershed tour and also to schedule a longer July meeting in order to discuss the identified issues. The Commission scheduled its July 18`h meeting for 8:30 a.m.to noon. Ms. Chandler gave an overview of tables 5-4 and 5-5 included in the meeting packet and asked for feedback. The commission provided comments including a suggestion to rename Table 5-5 for more clarity and to add a column showing cost of CIP projects and pollutant removals for projects B. Review Draft Response to Comments for Major Plan Amendment.Ms. Chandler explained the information contained in the comment letter from the Minnesota Department of Natural Resources(DNR). There was discussion about the draft response letter. Mr. Oliver asked that on page 2 a comment be added that explains that the pond was excavated for the purpose of using that pond for water quality treatment. Ms. Chandler said that she would also add infarmation on why the Commission selected that project for its CIP. She told the Commission that she would add the CC list to the letter and would include Brooke Asleson and Chris Zadak on that list. Chair Black indicated she would be attending the Hennepin County Committee meeting where the Plan amendment may be discussed. Administrator Jester,Engineer Chandler and Golden Valley staff plan to attend as well. Commissioner Johnson moved to approve the response to comments,as amended and distribute to review agencies. Alternate Commissioner Crough seconded the motion. The motion carried unanimouslv 7-0 [Cities of Minnetonka and Robbinsdale absent from vote]. �Alternate Commissioner Goddard departs the meetingJ C. Consider Additional Expenditures for Wirth Lake Outlet Structure.Ms. Chandler described the letter from Golden Valley requesting$20,000 to complete the Wirth Lake 0utlet Structure project. She provided project details and raised the point that the Commission will incur project administrative costs estimated at$2,500 for items such as grant administration and reporting. She said that the Commission Engineer's recommendation is that the Commission approve the request and that the funds come from the Commission's Closed Project Account. Alternate Commissioner Hanson moved approval in the amount of$22,500. Commissioner Johnson seconded the motion. The motion carried unanimously 6-0 [Cities of Minneapolis, Minnetanka and Robbinsdale absent from vote]. � D. Update on Watershed Tour.Administrator Jester gave an update on the tour and recommended that the Commission add to its tour a stop at the Wirth Lake Outlet Structure. The Commission decided to replace the Sweeney Lake tour stop with the Wirth Lake Outlet Structure tour stop. Administrator Jester noted she had sent an invitation to the Watershed Summit and Watershed Tour to City Managers to pass along to city council and commission members. And,that although the invitation indicated the tour was"by invitation only"that, in fact,the tour is open to anyone as it will be noted as a public meeting with a quorum of Commissioners. 5 BCWMC May 16, 2013, Meeting Minutes E. Update on JPA Amendment. Administrator Jester reported that the cities of Minnetonka,New Hope,and St. Louis Park have communicated to the Commission that they have no problems with the proposed Joint Powers Agreement(JPA)amendment. 8, C�IVINIUN�CATIDNS ` A. Administrator i. Administrator Jester brought up the potential project of creating a commissioner handbook and asked for feedback. Some Commissioners acknowledged that it would be a helpful document. There was consensus that an online version of the handbook be developed and printed for those who request it. ii. Administrator Jester reported that the Commission is 25%of the way through its annual budget cycle and has spent approximately 20%of its budget. B. Chair: i. Chair Black provided an update on the location of the Commission's official files at Plymouth City Hall. C. Commissioners:No communications D. Committees: , i. Education Committee: Commissioner Hoshal noted that the Commission will be represented this weekend at Golden Valley Days. He announced that the Education Committee will be staffing the Commission's education display and will be providing watershed education at the Zachary Lane Environmental Fair in Plymouth. E. Legal CounseL•No Legal Communications F. Engineer: i. Ms. Chandler pointed out that the meeting packet includes a memo regarding the precipitation depths published by the National Weather Services in Atlas 14. Now that the numbers are final, they will start to get used,which will have implications an storm water systems,especially on flood levels of ponds and lakes. 9.ADJQZ7RNMENT The meeting adjourned at 2:43 p.m. Amy Herbert, Recorder Date Secretary Date 6 �:1��' C1� q �,. Public Works Department 763-593-8030/763-593-3988(fax} ��f X .h.iJ.^ .. .� ��"F� ..._��.� . ._•. . Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. E. 1. Award Contract for 2013 City Hall Asphalt Overlay Project, City Improvement Project No. 13-11 Prepared By Jeannine Clancy, Director of Public Works Eric Seaburg, EIT, Engineer Summary Staff solicited bids for the 2013 Asphalt Overlay Project 13-11. Proposals included a base bid for the following parking lot areas: 1. City Hall and Police Department Main Parking 2. Upper Lot (adjacent to Winnetka Avenue) and City Hall Staff Parking The proposals also included alternate bids for mill and overlays of the following parking lot areas: 1. Alternate Bid 1 (Maintenance Staff Parking) 2. Alternate Bid 2 (Driveways to Maintenance Garages) 3. Alternate Bid 3 (Police and Fire Staff Parking) The bids were reviewed and staff recommends awarding a contract for the Base Bid plus Alternate Bid 1, Alternate Bid 2, and Alternate Bid 3. This recommendation is within the available budget and will provide some additional funding for indirect costs associated with the project (design, legal, construction observation, administration, testing, etc.). Bids for the 2013 City Hall Asphalt Overlay Project, City Improvement Project No. 13-11 were opened on June 17, 2013. The following Base Bid plus Alternate Bids 1, 2, and 3 were received: Northwest Asphalt, Inc. $325,961.50 Bituminous Roadways, Inc. $347,431.45 Funding for the 2013 City Hall Asphalt Overlay Project is included in the 2013-2017 Capital Improvement Program (B-026, page 56) in the amount of$315,000 and from the 2013-14 Adopted Biennial Budget (1452-6382, page 50) in the amount of$30,000. Attachments • Location Map (1 page) Recommended Action Motion to award a contract for the 2013 City Hall Asphalt Overlay Project to the lowest responsible bidder, Northwest Asphalt, Inc. for the Base Bid and Alternate Bids 1, 2, and 3 in the amount of$325,961.50. Base Bid & Alternates - Base Bid - Alt Bid 1 - Alt Bid 2 _ ; - Alt Bid 3 D 2 ase B � ,�.. ,------, �f��,{j� Print Date: 6/24/2013 �� H a 11 P a rk i n �0� Hennepin County Surveyors Office for e �� ' � � Property Lines(2013)&Aerial Photography(2012). �� q p�� . -City of Golden Valley for all other layers. � � Overlay Pro�ect � �5 �SO 300 Feet 6✓i�� V� ' 1 . Planning Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. F. Approval of Conditional Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD#107-The Towers at West End - Southwest Quadrant of I-394 and Highway 100- Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Jeannine Clancy, Director of Public Works Summary At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan and Preliminary Plat for The Towers at West End PUD No. 107. The Council has approved eight 180- day extensions since the original Preliminary PUD approval. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting an extension for the filing of their applications for the Final PUD plan and the Final Plat. At this time, staff recommends that the extension of the PUD approval be a conditional 180 days. Staff will monitor the effarts by MCES and Duke to reach a conclusion on the permanent location of the lift station, the forcemain alignment, and all other appurtenances needed for the construction of the 1-GV-461 forcemain within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days (August 31, 2013). If adequate progress is being made to meet the terms of the PUD, the Council may extend the PUD for an additional term not to exceed 120 days (December 29, 2013). If adequate progress is not being made to meet the terms of the PUD,the Council may revoke any further extension of the PUD preliminary approval beyond the first approximate 60 days. Attachments • Location Map (1 page) • Email from Duke Realty requesting an extension dated June 11, 2013 (1 page) Recommended Action Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until December 29, 2013, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of 7H 100, to occur at the time building permits are applied for by Duke. 3. Duke shall cooperate with the Metropolitan Council Environmental Services (MCES) in the construction of the 1-GV-461 Reliever project. The Reliever project is required to be constructed by MCES to increase sanitary sewer capacity to serve Duke's West End development and other future development in certain parts of Golden Valley and St. Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift station,the force main alignment, and all other appurtenances needed for the construction of the 1-GV- 461 force main within the vicinity of the Duke property. All temporary and permanent easements shall be identified, and all land shall be transferred in connection with the project. If the City or MCES determines that there has not been adequate cooperation from Duke, the City retains the right to place additional conditions on future extensians to the Preliminary PUD Plan or the Final PUD Plan. 4. Duke shall demonstrate to the City of Golden Valley its good faith efforts to act in accordance with the requirements of the PUD. Staff will report the status of Duke's progress with the MCES in 60 days. If adequate progress is being made to meet the terms of the PUD,the Council may extend the PUD for an additional term not to exceed 120 days. If adequate progress is not being made to meet the terms of the PUD,the Council may revoke any further extension of the PUD preliminary approva) beyond the first approximate 60 days. 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L,_ �/,�,/ �r /,......: i410 1:+115 RA35 �14�i � ��"• 1405 � . i�� .. .�:� +132$ j' !•,• � Ci� 1425'�d�l i�disr 142L1 d52fY�� 43�f .�,.� � Subject Properties �aoof'� �,. a;azs �a�'�'��i ./ �a� a�' �,�,`�`•�asn tais �; �;. ,; � ;;i�� a�u , ......._. �,� r-.,�t�� ss ��a�ss t� - l�,,if :;. � �, � i�s �as:s ��. . .. �� : ��.O 1850 . 1445 i45if 1435 '�� ... � .., . � �I.Q30 1��331 c? ��_.. 144,� 4345 � %/ff�.!'� ��,� � ISiO �j15U5 1510 � 15U5 151t! L505 4417�1434� '��5�1A46 iS�t .,'f /�. � p SSiS i52t! �i525 i5111 �}Si5 i52D , Y529 �� 4312 �`�. � 43iU �is�u'/x �. �a � .�._. �..... . �� , �s�as�oa4� r�.�� ,�; � a. ,� xsas 15� �is35 a5afl ��si9 a5�r � 4aa0 a�2t �.� p � "4 � e�. .. 4� '. `�,i,� h- , '� � 1595 15�1 �i545 1�.... i535 � DOl1GiLA�..AV�. � ,... '%r t�i � �` 1545 4Etlt! �`'L549 155p A63U 45��4525Q5f5 4435#R25 iA15�73J5'4$2543i5 i r'r' ��,y� d555 �+}45 4345 _ _ � � I2y,+c.��1�m�iA::P45'��u�"�yr.;s".�s_LY�+;.P.'x:i� u ::!>i; � Wittman, Lisa From: Pat Mascia <Pat.Mascia@dukerealty.com> Sent: Tuesday,June 11, 2013 1:40 PM To: Wittman, Lisa Cc: Gary Gleason Subject: RE: PUD Extension As we discussed, please extend our Final PUD application for another six months. Gary, I am copying yau sa you can caardinate issuance of the check. Pa�ri�lc �» i��scia .��nic�r° Vi�� Pr�sident-Minrte�pt�ti.�lSaint Pau! Operatians � �� ..�� h` E e f � �t i l;. ,t '+, *; 1�,° � R '�, 1600 Utica Avenue South, Suite 250 St. Louis Park, MN 55416 P: 952.543.2926 M: 612.382.9714 F: 952.543.2999 www.dukerealty.com From: Wittman, Lisa [mailto:LWittmanCalgoldenvalleymn.gov] Sent: Thursday, ]une 06, 2013 3:54 PM To: Pat Mascia Subject: PUD E�ension Hello, On March 5, 2013, the City Council approved an extension for you to submit your Final PUD application for the"Towers at West End" project. We are approaching that deadline (July 14) and I would like to knaw if you are intending on asking the Council for another 6-month extension. If you would like to ask the Council for an extension to submit your Final PUD application please send me a letter or email requesting an extension and a check for$150 for the extension fee by June 21, 2013 and 1 will make sure the request gets on the July 2, 2013 City Council agenda. If you have any questions, please feel free to call me or Community Development Director, Mark Grimes at 763-593-8095. Thanks, Lisa Lisa Wittman � Administrative Assistant � City of Golden Valley � ��.'.'��` � ". 7800 Galden Valley Road � Golden Valley,MN 55427 � 763-593-8095 � 763-593-8109(Fax) ( 763-593-3968('tTY) � .��-�� e�-� Iwittman@ROldenvallevmn.aov ��'��w;�� CONFIDENTIALITY NOTICE:This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee.If the reader of this message is not the intended recipient,you are hereby notified that any reading,dissemination,distribution, copying or other use of this message or its attachments is strictly prohibited.If you received this e-mail in error,please notify the sender immediately by telephone or e-mail and delete this message and all copies or backups thereof.Thank you for your cooperation. 1 �� f�� Planning Department 763-593-8095 I 763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. G. Approval of Use of Environmental Response Fund Grant from Hennepin County by Community Involvement Programs for Property Located at 2913 Orchard Avenue North Prepared By Mark Grimes, Community Development Director Summary John Everett of Cammunity Involvement Programs has asked the City to approve a resolution regarding the use of Hennepin County Environmental Response Funds regarding a rehabilitation project they are doing with Hennepin County MHFA funds for the property located at 2913 Orchard Avenue North. Attachments • Email Request from Kim Vohs dated June 12, 2013 (4 pages) • Resolution Approving Use of Environmental Response Fund Grant from Hennepin County by Community Involvement Programs for Property �ocated at 2913 Orchard Avenue North (1 page) Recommended Action Motion to adopt Resolution Approving Use of Environmental Response Fund Grant from Hennepin County by Community Involvement Programs for Property Located at 2913 Orchard Avenue North. Hogeboom, Joe From: LAUREN CARLSON-VOHS <carlsonvohs@msn.com> Sent: Thursday, June 13, 2013 10:18 PM To: Hogeboom,Joe Subject: City Council Resolution Attachments: City Council Resolution ERF, Golden Valley.doc Joe Hogeboom, I'm contacting you about a resolution (attached) Community Involvement Programs needs to use Hennepin County ERF (Environmental Response Fund)funds (attached) at 2913 Orchard Ave N. There is very little abatement and we're doing some rehab there with Hennepin County and MHFA funds. The resolution just relates to the ERF funds. Please respond here if you need more information and let me know when we could get this on a City Council agenda. Thank You. Kim Vohs 952-975-9343 i : ��"� �� : , � , . I'Q1111�1 � � Brownfield Gap Program Brownfield Gap Program (BGP)provides small grants to nonprofits for environmental assessment and clean-up of property in Hennepin County. Projects will benefit the community through greenspace,open space and natural areas, recreation,affordable housing, education,community centers, and neighborhood level economic development opportunities. Please fill out as completely as possible and attaching any additional information that will assist us in evaluating your consultant needs and improving your potential for funding. For questions,contact Martha Faust.When completed, please email or send to: Minnesota Brownfields Martha Faust, Executive Director 2801 2155 Avenue South Suite 100 Minneapolis, MN 55407 Telephone: 651-307-4371 Email: rnfaust@mnbrownfields.org Contact Information: Organization: Community Involvement Programs(CIP) Organization status(nonprofit, 501c3,etc): 501(c)(3) Name and title of contact: John Everett, Executive Director or Ernest Johnson, Program Director Phone: 612-362-4413 (lohn)or 612-362-4449(Ernie) Fax: EmaiL• johne@cipmn.org or ejohnson@cipmn.org Address(street,city, zip): 1600 Broadway St. NE,Ste. 1, Minneapolis, MN 55413 Project/Site: . Name: CIP Scattered Site 1 Project location/address: 2913 Orchard Ave. N.,Golden Valley; 1014 Westbrooke Way,#6, Hopkins, 1301/3 Oxford St., Hopkins; 1601/3 Rhode Island Ave.,St. Louis Park; 5557 Unity Ave. N.,Crystal. Site sizes(acres): 1-2 acres for all 5 properties Current/Proposed zoning: Residential,all properties conform to existing zoning Current owner/future site owner(If not current owner, is access for environmental investigation available?): Current Owner Current use(include#of structures/tenants if any): The five structures currently provide sixteen SRO(single resident occupancy) rental units,and one 2- bedroom condominium unit. All units are affordable supportive housing for those with serious and persistent mental illness(SPMI). CIP supports these residents in their homes so they can live independently in the community. Proposed use: Same use as currently, but with the addition of 1 SRO(single resident occupancy)unit at 1301/3 Oxford Street in Hopkins . • Describe the redevelopment project(please attach any such information such as map, photos, site design or building plans): Collectively the rehabilitation includes 4 kitchen rehabs, 7 bathroom updates,3 units with new windows, 2 units with siding replacement, 2 new sidewalks, 1 new roof, 1 flooring replacement, and 1 driveway repair. The proposal includes adding 1 new SRO unit within the existing interior space at 1301 Oxford St. in Hopkins • How will this project support or benefit the surrounding neighborhood? Almost all of the properties will have exterior improvements that will enhance the appearance of the property and the neighborhood. The updating will help stabilize the investment CIP has already made in these properties and will maintain the housing stock to be viable and affordable in the future. What reason do you have to believe that there could be contamination on this site? • If environmental investigations have occurred, please provide the report or summary of investigation results. Environmental test results attached. How will the full project be financed? Discuss the status of financing for the project, including: • Amounts secured and sources: $200,000 MN Housing Finance Agency(MHFA)PARIF grant- $200,000; Hennepin County Affordable Housing Incentive(AHIF)funds-$200,000 • Potential sources: MN Brownfield fund for hazmat remediation. • Contingencies: Construction contingency of$25,560 built into MHFA grant award Grant request amount and use: The grant amount will be determined by bids from abatement contractors. The testing done to date has 2 not Indicated the need for substantial abatement,but test results show that asbestos exceeds lega!limits at 4 properties: 1301/3 Oxford Street, Hopkins; 2913 Orchard Avenue N,Golden Valley; 3601/3 Rhode Island Avenue,St. Louis Park;and,5557 Unity Avenue N., Crystal. Other: • Submit any relevant suppiemental materials and a current annual or financial report for the applicant. Current CIP Financial Report attached. • Please attach a City Council resolution approving the project. City Council resolutions have been requested from all 4 cities. Signature: Application must be signed by an officer or individua/authorized to sign on behalf of the organization, Signature Title Name Signature Date 3 Resolution 13-59 July 2, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING USE OF ENVIRONMENTAL RESPONSE FUND GRANT FROM HENNEPIN COUNTY BY COMMUNITY INVOLVEMENT PROGRAMS FOR PROPERTY LOGATED AT 2913 ORCHARD AVENUE NORTH WHEREAS, the City Council of the City of Golden Valley, through the Livable Communities Local Housing Incentives Account Program supported the rehabilitation project for the property located at 2913 Orchard Avenue North; and WHEREAS, Community Involvement Programs, Minneapolis needs to use Hennepin County Environmental Response Funds at 2913 Orchard Avenue North for abatement. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley approves the 2913 Orchard Avenue North rehabilitation project, for which an application was submitted on June 17, 2013, by Community Involvement Programs, Minneapolis to the Minnesota Brownfields' Brownfield Gap Financing program funded with an Environmental Response Fund grant from Hennepin County Department of Environmental Services. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motian 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. C1�� ' f'�� ,� �,::, �� ,. ��,� Police Department 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. H. Authorization to Sign Agreement with State of Minnesota for Auto Theft Prevention Grant for Automatic License Plate Reader System Prepared By Stacy Carlson, Chief of Police Nathan R. Gove, Commander Summary In March 2013,the Police Department applied for funds ($47,325)through a State of Minnesota Auto Theft Prevention Grant to purchase an Automatic License Plate Reader (ALPR) system for one of our patrol vehicles in arder to bolster our current crime prevention efforts to reduce and prevent the incidences of auto theft and other criminal activity within our City. ALPR technology is a force multiplier with its ability to check far more vehicles than any single officer can observe and manually run. This system efficiently identifies stolen autos, and other types of wanted vehicles. This is an important crime fighting tool that supplements our on-going crime prevention initiatives. The Grant Funds will cover the cost of purchasing the system, IT infrastructure configuration, project management/installation, and on-going IT support. Attachments • State of Minnesota Grant Contract (6 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the State of Minnesota Grant Contract for funds to acquire an Automatic License Plate Reader system. STATE OF MINNESOTA � � � �� , GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ("State") and Golden Valley Police Department, 7800 Golden Valley Road, Golden Valley, MN 55427 ("Grantee"). Recitals 1. Under Minn. Stat. § 299A.01 and §65B.84, the State is empowered to enter into this grant. 2. The State is in need of projects to reduce the incidence of automobile theft, and has made grant awards pursuant to its Request for Proposals. 3. The Grantee represents that it is duly qualified and agrees to perForm all services described in this grant contract to the satisfaction of the State. Pursuant to Minnesofa Statutes §16B.98 Subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: July 1, 2013, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2015, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties 2.1 Activities. The Grantee, who is not a state employee, will perForm project activities in accordance with the specified tasks and line-item budget approved by the State, which is attached and incorporated into. this contract as Exhibit A. 2.2 Reporting Requirements. Grantee shall report to the Sfate as specified in the Grant Manual of the Office of Justice Program, which is posted online at https://dps.mn.qov/divisions/oip/qrants/Documents/Grant Manual.pdf and is incorporated by reference into this grant contract. (1) Financial Reporting. Grantee shall submit a financial reporting form to the State's Authorized Representative utilizing the format identified by the State within 30 days after the end of the reporting period. (2) Progress Reporfing. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of the reporting period. (3) Other Requiremerrts. Grantee shall submit such other reports and attend meetings and training as State shalt reasonably request. (4) Evaluation. The State shall have the authority, during the course of this grant period, to conduct evaluations of the perFormance of the Grantee. (5) Requirement Changes. The State may modify or change all reporting forms at its discretion during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successfuF implementation of the program. The State will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the Automobile Theft Prevention Grant Program FY 14-15 1 performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows (a )Compensation. The Grantee will be reimbursed for activities and budget amounts according to the line-item budget approved by the state in Exhibit A: (1) $47,325.00 is available for fiscal year 2014 (2) $ 0.00 is available for fiscal year 2015 Grant funds available for one fiscal year cannot be carried forward into another fiscal year. (b)Line-item Changes. Expenditures specified in Exhibit A may not be moved from one Iine-item to another unless in accordance with the requirements listed below: (1) Any changes to the line-item budget must advance the purpose of the Automobile Theft Prevention Grant Program and must remain within the total dollar amount available for each fiscal year. (2) Any fund transfers which exceed an annual amount of$10,000 must be approved in advance by the State's Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (3) Total annual transfers of more than ten (10) percent of the amount from one line-item to another line-item musf be approved in advance by the State's Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (4) Total annual transfers of ten (10) percent or less of the amount from one line-item to another line- item, and which do not exceed an annual amount of$10,000, are permitted without the approval of the State's Authorized Representative. Transfers to a newly created line-item are not permitted. At least ten business days prior to any transfer made under this dause, the Grantee must inform the State's Authorized Representative in writing of the specific changes to be made. (5) The State may refer approval requests for line-item transfer(s) to the Automobile Theft Prevention Advisory Board to review for reasonableness. (c)Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed the amount identified and approved for travel in Exhibit A; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (d)Total Obligation. The total obligation of the State for all compensation and reimbursements ta the Grantee under this grant contract will not exceed $47,325.00. 4.2. Payment (a) /nvoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely upon completion of services, and according to the following schedule: i. Itemized invoices must be submitted at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily perFormed. ii. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscaf year. Every state fiscal year begins on July 1 and ends on June 30. iii. The final invoice pertaining to each state fiscal year of this grant contract must be received the close of each fiscal year (July 31 of that calendar year). Any expenditure not properly invoiced by the Grantee and submitted to the State by the close of each fiscal year will not be reimbursed by the State. All unused grant funds for each fiscal year shall be credited to the State at the close of each fiscal year. Automobile Theft Prevention Grant Program FY 14-15 Z (b) Federa(funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title CFDA number of the Act of . The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regufations. The Grantee will not receive payment for work found by the State to be unsatisfactory or perFormed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Brandon Johnson, Grant Manager, 85-7'h Place E, St. Paul, MN, 651-297-7058, or his successor, and has the responsibility#o monitor the Grantee's perFormance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Stacy Carlson, Chief of Police, 7800 Golden Valley Road, Golden Valley, MN 763-593-8059. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments fio this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their suecessors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. §16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intettectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or Automobile Theft Prevention Grant Program FY 14-15 3 disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or fhe State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 10.2. lntellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of fhe materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract, amendments and supplements thereto, which are aftributable to such claims or actions. If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the State's discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endarsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Automobile Theft Prevention Grant Program FY 14-15 4 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: a) It does not obtain funding from the Minnesota Legislature; or b) If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. c) Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANEE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn.Stat.§§16A.15 and 16C.05. By: � (with delegated authority) Signe� . , � �� Title: Date: Date: SWIFT ContracUPO No(s).��(�y 2. GRANTEE The Grantee certifies that the appropriate person(s)have executed the grant contract on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Distribution: Title: Agency Grantee Date: State's Authorized Representative-Photo Copy By: Title: Date: Automobile Theft Prevention Grant Program FY 14-15 5 EXHIBIT A GOLDEN VALLEY PD Approved 2014 Approved 2015 Total Approved Contract Services LOGIS infrastructure specialist $ 2,304.Q0 $ 2,304.00 Third Wave Partnership, LLC install & proj. mgt. $ 4,200.00 $ 4,200.00 Ongoing support from Third Wave $ 12;000.00 $ 12,000.00 Program Expenses Field engineering svcs for install (2 days) $ 3,200.00 $ 3,200.00 Back of#ice system software(PAGIS) $ 995.00 $ 995.00 Advanced mapping- Microsoft Earth utility $ 795.00 $ 795.00 Hardware maintenance warranty $ 3,000.00 $ 3,000.00 Software maintenance warranty $ 600.00 $ 600.00 Equipment over$5000 Mobile ALPR (3M) $ 18,700.00 $ 18,700.00 Otherexpenses Taxes on ALPR system and components $ 1,436.00 $ 1,436.00 Shipping $ 95.00 $ 95.00 Total $ 47,325.00 0.00 $ 47,325.00 Automobile Theft Prevention Grant Program FY 14-15 6 �"t��1 °�� '"" �i"�, � Public Works Department 763-593-8030/763-593-3988{fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. I. Resolution Accepting Emergency Water Supply Preliminary Design and Feasibility Study; Directing Staff to Proceed with Financing Plan and Developing Plans and Specifications Prepared By Jeannine Clancy, Director of Public Works Summary On May 23, 2013, a joint meeting of the City Councils of Golden Valley, Crystal and New Hope was held in the New Hope Council Chambers. The purpose of the meeting was to hear an update on the feasibility of an emergency water supply for the Joint Water Commission, and to hear about drought monitoring information from the Department of Natural Resources. At the conclusion of a presentation by Barr Engineering Company, each City Council was given time to discuss a resolution which authorized JWC staff to proceed with developing a financing plan and plans and specifications for implementation of the emergency water supply. After a 10-minute caucus, the following outcomes were reported by each city: � New Hope was in favor of the project and would consider the resolution at its next City Counci! meeting. Mayor Hemken proposed language changes to the resolution to include a finance plan. � Crystal was in favor of the project and would consider the resolution at its next council meeting. Crystal also discussed that individual cities consider having their own finance plan. � Golden Valley was in favor of the project and working with the other two cities in developing a finance plan. Attachments • Resolution Accepting Emergency Water Supply Preliminary Design and Feasibility Study; Directing Staff to Proceed with Financing Plan and Developing Plans and Specifications (2 pages) • Tri-City Council Minutes of the May 23, 2013 meeting (3 pages) Recommended Action Motion to adopt Resolution Accepting Emergency Water Supply Preliminary Design and Feasibility Study; Directing Staff to Proceed with Financing Plan and Developing Plans and Specifications. Resolution 13-60 July 2, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING EMERGENCY WATER SUPPLY PRELIMINARY DESIGN AND FEASIBILITY STUDY; DIRECTING STAFF TO PROCEED WITH FINANCING PLAN AND DEVELOPING PLANS AND SPECIFICATIONS WHEREAS, the Joint Water Commission (JWC) is a joint powers entity authorized by Minnesota Statute 471.59 and consists of the cities of Crystal, Golden Valley and New Hope, initiated in 1963; and WHEREAS, based on the JWC joint powers agreement, the three cities built their water distribution systems to be interconnected without reference to city boundaries; and WHEREAS, the JWC has an ongoing long-term water purchase agreement with the City of Minneapolis water utility and intends to continue that relationship; and WHEREAS, the JWC continues to have concerns regarding the reliability of the Mississippi River as the sole water supply source for the City of Minneapolis and its customers; and WHEREAS, in 2009 the JWC and separately, each af the three member cities, adopted a Water Supply, Emergency and Conservation Plan to comply with Minnesota Statute 473.859, and said statute requires the JWC and the three member cities to identify and develop an emergency source of water supply; and WHEREAS, the JWC has identified groundwater from the Prairie du Chien/Jordan aquifer to be a viable alternative water supply on an emergency basis; and WHEREAS, legislation was passed during the 2004 iegislative session authorizing the JWC to drill wells to meet the needs of the three member cities on a case-by-case basis; and WHEREAS, at the direction of the three city councils at the May 7, 2012, Tri-City Gouncil meeting, the Emergency Water Supply Preliminary Design and Feasibility Study was prepared; and WHEREAS, the study sets forth recommendations for siting of wells, cost implications and alternatives for implementation of an emergency water supply. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota: 1. That the Joint Water Commission develop financing plan alternatives to implement an emergency water supply system; Resolution 13-60 - Continued July 2, 2013 2 That the Joint Water Commission retain engineering and other professional services to develop plans and specifications for construction of an emergency water supply system; and 3 The Joint Water Commission will present the recommended financing plan and plans and specifications to a Tri-City Council meeting later in 2013 to authorize proceeding with bids for construction of an emergency water supply system. 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. �- w , Tri-City Council Meeting Minutes � �� Thursday, May 23, 2013 CALL TO ORDER Pursuant to due call and notice given in the manner prescribed by Section 3.09 af the City Charter, the Tri-City Council meeting was held at 6:32 p.m. on Thursday, May 23, 2013 in the Council Chambers at the City of New Hope City Hall, 4401 Xylon Avenue North in New Hope, Minnesota. New Hape Mayor Kathi Hemken opened the meeting with introductions and turned the meeting over to Bannie Morey, meeting facilitator. ATTENDANCE Golden Valley Recording Secretary Pat Schutrop recorded the attendance as follows: CRYSTA�COUNCIL: Jim Adams, Mayor Laura Libby, Council Member Julie Deshler, Council Member Joe Selton, Council Member Mark Hoffmann, Council Member John Budziszewski, Council Member Casey Peak, Council Member CRYSTAL STAFF: Anne Norris, City Manager Tom Mathisen, Director of Public Works Randy Kloepper, Water Superintendent NEW H�PE COUNCIL: Kathi Hemken, Mayor John Elder, Council Member Eric Lammle, Council Member Dan Stauner, Council Member Rndy Hoffe, Council Member NEW HOPE STAFF: Kirk McDonald, City Manager Guy Johnson, Director of Public Works Bernie Weber, Utilities Supervisor GOLDEN VALLEY COUNCIL: Shep Harris, Mayor DeDe Scanlon, Cauncil Member Paula Pentel, Council Member Steve Schmidgall, Council Member Joanie Clausen, Council Member GOLDEN VALLEY STAFF: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Sue Virnig, Finance Director Dave Lemke, Utilities Supervisor Pat Schutrop, Recording Secretary OTHERS: Bernie Bullert, Minneapolis Director, Water Treatment and Distribution Services Glen Gerads, Assistant Director, Minneapolis Water Treatment and Distribution Services Bonnie Morey, SEH, Inc., Facilitator Brian LeMon, Barr Engineering Company Tri-City Cauncil Meeting Minutes May 23,2013 Page 2 AGENDA The City Councils and staff af Crystal, Goiden Valley, and New Hope heard a presentation and discussed the foilowing: 1. Update on the Feasibility of Backup Water Supply a. Discuss and Develop Consensus on Direction 2. DNR Drought Monitoring Information Bonnie Morey summarized the direction given by the City Councils at the May 7, 2012 Tri- City Council meeting, reviewed the agenda and the expected outcome for city councils to consider acting on the praposed resolution accepting emergency water supply preliminary design and feasibility study; directing staff to proceed with implementation. A backup water supply is required as pa�t of the Joint Water Commission's (JWC) camprehensive plan. Brian LeMon from Barr Engineering Ca. presented a review of their findings on potential risks that cauld affect delivery of water from Minneapolis, an update on the emergency supply work since the May 7, 2Q12 Tri-City Council meeting, and direction for next steps an #he emergency supply plan. Prior ta 2012, the JWC technical advisory committee {TAC) was working out the regulatory requirements to allow use of the existing New Hope well. Barr also performed a water interaction study to determine impacts of adding unsoftened groundwater to the current softened Minneapolis water system. In 2012, the Tri-City Councils directed Barr Engineering Co. to prepare a feasibility study for an emergency water supply by building three wells and activating the New Hope well. Barr estimates the cost to be $4.4 to $4.7 million for development af the emergency water supply. The current plan includes camplete preparation of the New Hope well for emergency use. It assumes the new wells will be located in the Prairie du Chien aquifer. Cauncil members expressed concern about the drawdown from the wells and how that will affect private well usage. LeMon did not think the drawdown from the wells would substantially affect the private well users. However, if the emergency supply should dry up any private wells, the JWC is regulated under an appropriation permit and the Minnesota Department of Natural Resources (DNR) would work with the JWC to narrow down the identity of the well(s) and likely ask the JWC to mitigate the impact of the wells. LeMan discussed the risks to residents and businesses if the current supply is interrupted. JWC purchases its water from Minneapolis and Minneapolis currently does not have a backup water supply, but is in the planning stages now for an alternative supply. Barr staff reviewed the Minnesata Pollution Con#rol Agency's contaminanfs databas� and identified two cantamination plumes near the praposed wells; Joslyn Manufacturing and Supply and Haneywell plume in Galden Valley. However, it was determined that the risk is minimai ta the area where the wells wi!! potentially be drilled, Tom Mathisen discussed the DNR's drought monitoring information that supports the importance for communities to have a backup water supply plan in place. He discussed his pasfi participation with the Community Water Suppliers and the bureaucratic delays that can occur if an emergency si#uation should arise. Tri-City Cauncii Meeting Minutes May 23,2013 Page 3 Staff from the three cities provided input in the location of the a(ternatives. The three emergency supply well sites selected are capable of delivering 5.5 to 6.8 mgd to the JWC water system when combined with the New Hope well. All sites investigated are equal in proximity to the reservair, anticipated to meet Minnesota Well Cade requirements and setbacks, and close in cost. Bernie Bullert stated Minneapolis supports the JWC having its own backup water supply and updated the councils on the Minneapolis backup water supply process. Minneapolis did conduct a preliminary study and found that drilling wells is feasible. The study was presented to the Public Works Committee for discussion and support. The Minneapolis Park and Recreation Board was approached to help identify praperty where the wells could be drilled. The study was presented to the Capital Cammittee in April and the first phase is proposed in the 2014 budget. Cost estimates will nat be determined until the well sites are identified. Bullert estimated by August or September he would know how the process is moving. He estimates a minimum of 10 years before approval. Funding sources are being investigated by Minneapalis through discussions with State Legislature and the Corps af Engineers. Minneapolis intends to drill enough wells to supply water to all of its customers. Financing aptions for the JWC wells were not discussed in detail. It may be possible to fund the wells through bonding. The JWC CIP budget includes $450,000 annually over the next fve years to move ahead for the wells. If cities can finance the program through bonding over 10 to 15 years, payments may be funded from the JWC CIP budget at an amount lower than currently budgeted. After a 10-minute caucus, the following outcomes were reported for each city: • New Hape is in favor of the project and wili consider the resolution at the next City Council meeting. Mayor Hemken proposed language changes to the resolutian to include a finance plan. • Crysta! is in favor af the project and will consider the resolution at its ne�council meeting. Crystal also discussed that individual cities consider having their own finance plan. • Golden Valley is in favor of the project and working with the other two cities in developing a finance plan. The JWC wi!!work on the wording of the resolution and redistribute to the cities. The three cities will adopt the resolutian before the three city councils meet again, tentatively, in the fall of 2013. OTHER BUSINESS Mayar Harris extended appreciation to all the communities for their involvement in the Memorial Day event that went very well. ADJOURNMENT Mayor Hemken adjourned the meeting at 7:55 p.m. Respectfully submitted; Pat Schutrop, Recording Secretary �t�y V� '� d {� Public Warks Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. J. Notification to Council Regarding Exception to Noise Ordinance for MCES 1-GV-461 Reliever Project Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, PE Engineer R.J. Kakach, Engineer Summary Metropolitan Council Environmental Services (MCES) is installing a new 18-inch regional sanitary sewer force main through Golden Valley to help address sanitary sewer capacity in its 1-GV-461 interceptor sewer that also passes through the City. The project involves three street crossings that will require an open trench installation of the 18-inch pipe. The three streets impacted will be Xenia Avenue,just north of Golden Hills Drive; Laurel Avenue,just west of Xenia Avenue; and Glenwood Avenue,just west of the Turners Crossroad/Xenia Avenue intersection. In order to minimize traffic impacts to the weekly commuters as well as increase work zone safety, the contractor is requesting a variance to the noise ordinance to work on the weekend. The three proposed street closures would occur on separate weekends throughout the months of July and August. At this time, the exact closure dates are still being determined and are impacted by weather and project sequencing. Each closure would begin Friday night at 7 pm and through the following Monday at 6 am. The following forms of communication will be performed prior to any closure being approved: 1. The City of Golden Valley will post an update regarding the closure on the city website. 2. MCES will submit a traffic control plan and detour plan to the City for approval by Public Works staff. The approved plan will also be posted on the City website. 3. In early 1uly, MCES will send out a letter to the nearby residents and businesses informing them of the closure and the proposed detour plan. 4. MCES will post advanced notice signage regarding the closure at neighboring intersections at least one week before the closure occurs. 5. Lastly, Public Works staff will notify Council in advance of the closures via the Golden Valley Weekly Report. On behalf of MCES and Minger Construction, Public Works staff is requesting Council to allow the Director of Public Works to grant permission to exceed current City noise ordinance regulations for the three aforementioned closures as well as any other necessary times to promote timely completion of the MCES 1-GV-461 Reliever Project in the best interest of the City, its residents, and the traveling public. Recommended Action Motion to receive notification that the MCES 1-GV-461 Reliever Project will exceed the construction hours of 7 am to 10 pm. �1��' C�� Public Works Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. K. Authorize Contract Extension with Tim's Tree Service, Inc. for Brush Pick-Up Services Prepared By Jeannine Clancy, Director of Public Works Summary At an emergency meeting on June 24 at 9:30 am, the City Council voted to fund a one-time brush pick-up to help residents dispose of fallen trees and branches resulting from city-wide damage from severe storms that hit the community on June 20-22. Collection of fallen trees and branches from residential properties will begin on July 1, 2013. In order to provide this service, staff has negotiated a contract amendment with Tim's Tree Service. Tim's has provided this service to Golden Valley for many years, and is currently under contract with the City to perform work. The City typically spends around $66,000 for the spring collection. Based on the amount and size of material currently stacked on the boulevards, staff estimates fees paid to Tim's Tree Service could be around $80,000. Public Works staff will work with Tim's Tree Service on a limited basis beginning July 1 and will become more available to assist once major cleanup efforts in the City's parks, Brookview Golf Course, Bassett Creek, streets, trails and other public rights-of-way are completed. The sequence for collection is as follows: � South of Highway 55, including the 2013 PMP area • North of Highway 55 and east of Douglas Drive • North of Highway 55 and west of Douglas Drive In addition to the brush pick-up,the City has established a brush drop-off facility located at 9305 10th Avenue. The facility is open to Golden Valley residents and businesses. The Brush Pick-Up Program will be paid from with the Conservation/Recycling Fund. The Drop-Off Program is being paid for by the General Fund. Attachments • Amendment, Cantract 12-07 between City of Golden Valley and Tim's Tree Service, Inc. for Spring Brush Pick-Up (1 page) Recommended Action Motion to approve Amendment to Contract 12-07 between the City of Golden Valley and Tim's Tree Service, tnc. in the amount of$80,000 for the 2013 Spring Brush Pick-Up Program. SECOND AMENDMENT to Contract 12-07 between City of Golden Valley and Tim's Tree Service, Inc. for Brush Pick-up This amendment to Contract 12-07 is made this July_, 2013, by and between the City of Golden Valley ("City") and Tim's Tree Service, Inc. ("Contractor") to perform brush pick-up services for the City of Golden Valley. Contract 12-07 was for a period of one year from January 1, 2012 through December 31, 2012 and it was extended by an amendment for an additional one year period from January 1, 2013 through December 31, 2013. Due to a storm that caused significant damage to trees on private property, the parties wish to modify Contract 12-07 to provide for additional brush and tree pick up services to the City of Golden Valley during the month of July, 2013. NOW, THEREFORE, the parties hereto agree as follows: 1. Except to the extent modified by this Amendment, the terms of Contract 12-07 between the City and Tim's Tree Service, Inc. are incorporated herein by reference and are applicable to this amendment. 2. The payment for contract services rendered in July 2013 shall be at the unit prices specified in Contract 12-07 up to an estimated amount of$80,000. 3. Attached hereto as Exhibit A is Contract 12-07 and the February 5, 2013 amendment. IN WITNESS WHEREOF the parties sign below. CITY OF GOLDEN VALLEY TIM'S TREE SERVICE, INC. By By Thomas D. Burt Its: City Manager Its: 000090/480568/]659939_1 . �:.�� $,� ��. ��T CityAdministration/Cauncil 763-593-3989/753-593-8109(fax) �. � a Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. L. Authorization to Sign Amended Patrol Officer (LELS Local #27) Labor Agreement Prepared By Chantell Knauss, Assistant City Manager Summary The 2012-2013 LELS Police Officers Labor Agreement states that the City will provide a market adjustment on July 1, 2013 based on compensation data for 2012. With the economic recession for the past many years, the City has approved minimal or no wage increases to all employees. The City has hired a consultant to conduct a compensation study and one of the first positions that were reviewed was Patrol Officer. The study showed the Patrol Officer wages were below the City's compensation goal for all positions and as a result, needs a market adjustment. The market adjustment is based on 2012 data as many labor agreements for Patrol Officers are still unsettled, making the 2013 data incomplete. Although the labor agreement stipulates that an adjustment would be effective July 1, 2013,the unit proposed a later effective date. Therefore, the market adjustment would be effective the beginning of the pay period, August 26, 2013 for ease of payroll administration. Attachments • Resolution Amending the Labor Agreement Between Police Officers (LELS Local #27) and the City of Golden Valley 2012-2013 (1 page) Recommended Action Motion to adopt Resolution Amending the Labor Agreement Between Police Officers (LELS Loca) #27) and the City of Golden Valley 2012-2013. Resolution 13-61 July 2, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE LABOR AGREEMENT BETWEEN POLICE OFFICERS (LELS LOCAL #27) AND THE CITY OF GOLDEN VALLEY 2012 - 2013 BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following amendment to Article 33, Section 1. Salary - Patrol Officer of the Labor Agreement Between Police Officers (LELS Local #27) and the City of Golden Valley is hereby amended to inelude the following, and will be effective August 26, 2013: START 6 MO. 9 MO. 1 YEAR 2 YEAR 3 YEAR 08-26-13 $3,8$5.44 $4,144.84 $4,320.03 $4,750.20 $5,326.72 $5,901.03 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Golden Valley authorize the Mayor and City Manager to sign the amended labor agreement with the Police Officers (LELS Local #27). 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. ��J` �?� City Administrafiion/Council 763-593-3989/763-593-8109(fax} Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. M. Approving Contraet with Madison National Life Insurance Company, Inc. for Long Term Disability Insurance (LTD) Prepared By Chantel) Knauss, Assistant City Manager Summary State law requires that all group insurance benefits be competitively bid a minimum of once every five years. The City provides its employees LTD insurance as a group benefit and recently bid out its LTD contract with the assistance of its agent, Gallagher Benefits Services. The City received several responses to its Request for Proposals. In reviewing the responses, the most favorable to the City was from Madison National Life Insurance Company, which also has the contract for the shared Municipal Pool. Madison Life's proposal provided an increased benefit to employees at a reduced cost, as well as a premium rate guarantee for a period of 36 months, while matching or exceeding all other contract terms of the current LTD carrier. Attachment Resolution Approving Contract with Madison National Life Insurance Company, Inc. for Long Term Disability Insurance (1 page) Recommended Action Motion to adopt Resolution Approving Contract with Madison National Life Insurance Company, Inc. for Long Term Disability Insurance. Resolution 13-62 July 2, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT WITH MADISON LIFE NATIONAL INSURANCE COMPANY, INC. FOR LONG TERM DISABILITY INSURANCE WHEREAS, the City of Golden Valley has advertised requests for proposals for its group long term disability coverage in accordance with State laws requiring such competitive bidding for all group plans a minimum of once every five years; and WHEREAS, the most favorable proposal was received from Madison National Life Insurance Company, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley approves entering into a contract with Madison National Life Insurance Company, Inc. forthe purchase of its group long term disability insurance, effective July 1, 2013 and the City Manager is hereby authorized to execute the Joinder Agreement on behalf of the C ity. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Glerk 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. �r l�Y �� '�i:ii�;,�� i I Cifiy Administration/Council 763-593-3989/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. N. Modifying 2013 General Wages and Salary for new Police Lieutenant Positions Prepared By Chantell Knauss, Assistant City Manager Summary As discussed in the May 31 Weekly Report, the Civil Service Commission approved a reorganization of the Police Department's upper management positions by eliminating one of the Commander positions and creating two Lieutenant positions in its place. This resolution establishes the wages for the newly created exempt, non-union Police Lieutenant positions. Attachment Resolution Modifying 2013 General Wages and Salary for New Police Lieutenant Positions (1 page) Recommended Action Motion to adopt Resolution Modifying 2013 General Wages and Salary for New Police Lieutenant Positions. Resolution 13-63 July 2, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION MODIFYING 2013 GENERAL WAGES AND SALARY FOR NEW POLICE LIEUTENANT POSITIONS BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following amendment to Resolution 12-97, modifying the general wages and salary schedule for the new personne! named herein effective June 1, 2013: DIVISION HEADS/SUPERVISORS Step 1 Step 2 Police Lieutenant $91,008 $94,800 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. C°1�� t3� Fin n rtment �. �� r� 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 3. O. Authorizing Amended Reporting Requirements for Local Per�ormance Measurement Program Prepared By Sue Virnig, Finance Director Summary The City Council adopted a resolution regarding local performance measurement on June 18. The Office of the State Auditor has requested the resolution be amended and that additional criteria be added. In order to qualify for reimbursement the following resolution needs to be amended and approved. The Office of the State Auditor has given us an extension for approving the resolution. Attachments Resolution Authorizing Reporting Requirements for the Local Performance Measurement Pragram (1 page) Report on Performance Measures for 2Q13 (1 page) Recommended Action Motion to adopt Resolution Authorizing Reporting Requirements for the Local Performance Measurement Program. Resolution 13-64 July 2, 2013 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPORTING REQUIREMENTS FOR THE LOCAL PERFORMANCE PROGRAM WHEREAS, in 2010, the Minnesota Legislature created a Council on Local Results and Innovation; and WHEREAS, benefits to the City are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; that participate in the program adopted by the Council on Local Results and Innovation; and WHEREAS, the participation in the program furthers the City of Golden Valley's goals of improving service delivery and enhancing communication with residents; and WHEREAS, the City Council has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal outcomes; and NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Golden Valley, will report the results of the performance measures to its citizenry by the end of the year through posting on the city's website and various city publications. BE IT FURTHER RESOLVED, the City Council of the City of Golden Valley will submit to the Office of the State Auditor the actual results of the performance measures adopted by the Ci#y. 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. i:�� Report on Performance Measures for 2013 � � �-�� City of Golden Valley � General 1. Rating of the overall quality of services provided by your city Excellent Good Fair Poor DK/R Source:Citizen Survey, Question 27 15% 71% 8% 1% 5% 2. Percent change in the taxable property market value -1%for 2012 payable year 2013 3.Citizens' rating of the overall appearance of the city Excellent Good Fair Poor DK/R Source:Citizen Survey, Question 55 12% 83� 59�0 0% 0% Police Services 4. Part I and II crime rates as reported by the Minnesata Bureau of Criminal Part I Crimes Part II Crimes Apprehension. 575 1,559 Output Measure: Police response time on top priority calls from dispatch to 3 minutes for 2012 the first officer on scene: Fire Services 5.Citizens' rating of the quality of fire protection services Excellent Good Fair Poor DK/R Source:Cifizen Survey, Quesfion 10 64% 35% 0% 0% 1% Output Measure: Fire response time from dispatch to apparatus on scene: 6:05 minutes for 2012 Streets 6.Citizens' rating of the road condition in their city Excellent Good Fair Poor DK/R Source: Citizen Survey, Question 24 15% 65% 13% 7% 0% 7. Citizens' rating the quality of snowplowing on city streets Excellent Good Fair Poor DK/R Saurce:Citizen Survey, Question 25 31% 64% 3% 2% 0% Water 8. Citizens' rating of the OO dependability and OO quality of city water supply Excellent Good Fair Poor DK/R (centrally-provided system) OO 37% 62% 1% 0% 0% Source:Cidzen Survey, Question 20-21 O 33% 60% 1% 0% 0% Output Measure: Operating cost per 1,000,000 gallons of water pumped/ produced �centrally-provided system) (Actual operating expense for water $5,574/1,000,000 gallons pumped utility/(total gallons pumped/1,000,000)) Sanitary Sewer Excellent Good Fair Poor DK/R 9.Citizens' rating of the dependability and quality of city sanitary sewer service(centrally provided system)Source:Cifizen Survey, Question 23 25% 72% 2% 0% 1% Output Measure: Number of sewer blockages on city system per 100 con- 0.01/100 connections nections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility/(population/100) Parks and Recreation 10.Citizens' rating of the quality of city recreational OO programs and Excellent Good Fair Poor DK/R Ufacilities (parks,trails, park buildings) OO 39% 56% 1% 0% 4% Source:Citizen Survey, Question 14 � 41% 56% 2% Q% 1% C:1�� C?� _ , Planning Department 763-593-80951763-593 8109(fax) _' ,��a��&�"��.�� r�;i��;��r�:3��n�i�Y�N9��'Nii��¢�� ,.,7;;,i�rr;qNqi�NII��IW((II�N�Gi�,. . :. ;'�?�q �m�h��.`:':--. � �,,.;,.... ' ' ' ' Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 "60 Days" Deadline:July 8, 2013 Agenda Item 4. A. Public Hearing- Ordinance#501 -Approval of Conditional Use Permit 133 - 8851 7th Avenue North - Sweet Cream Properties Golden Valley, LLC (Culver's), Applicant Prepared By Brett Angell, Planning Intern Summary At the May 13, 2013 meeting of the Planning Commission, the Commission unanimously recommended approval of Conditional Use Permit#133. The requested permit would allow for the operation of drive-through window at the proposed Culver's restaurant at 88517th Avenue North. Sweet Cream Properties Golden Valley, representing Culver's, is in the process of demolishing the existing building on the site and constructing a new restaurant. The restaurant, itself, is a permitted use in the Commercial Zoning District. However, all drive-through facilities within the City require Conditional Use Permits prior to operation. City staff and the Planning Commission feel that the proposed use is in compliance with the ten factors in the City Code that determine the eligibility of a conditional use. The Planning Commission recommended the applicant to consider installing a bike rack and sidewalks to the property. The Planning Department feels that the proposed use is compatible with the long-term Commercial land use designation of the property subject to the following conditions: 1. The site plans submitted with the application shall become a part of this approval. 2. The conditions found in Deputy Fire Chief John Crelly's memo dated lune 3, 2013 shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. All future improvements to the building shall meet the City's Building Code requirements. 5. All other applicable Iocal, state, and federal requirements shall be met at all times. 6. Failure to comply with any of the terms of this permit shall be grounds for revocation. Attachments • Location Map (1 page) • Applicant's Narrative (1 pages) • Unapproved Minutes of the June 10, 2013 Planning Commission Meeting (4 pages) • Memo to the Planning Commission dated May 13, 2013 (2 pages) • Memo from Deputy Fire Chief John Crelly dated June 3, 2013 (1 page) • Ordinance#501, Approval of Conditional Use Permit No. 133, 8851 7th Avenue North, Sweet Cream Properties Golden Valley, LLC, (Culver's) Applicant (1 page) • Photo of a Similar Culver's Property (1 page) • Site Plans (4 pages) Recommended Action Motion to adopt Ordinance #501, Approval of Conditional Use Permit No. 133, 8851 7th Avenue North, Sweet Cream Properties Golden Valley, LLC, (Culver's) Applicant. g�5 g3 ` 8� 92� } g� 6�1 , g�j � I U �� 8� � i $'� i 9�,5 � �� 8�5 I 9'�15 1 g�p t 4 g'� 8�1 � # 8� ? 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"- ,-' -- _. _ C�oWFn Valiey f�d -..0 �w _. � a_ __ _. __ .. -�° �' _ _., __ —„ .� -- -� — ____._..._._ -.i__ "` 7 �— ,. �—_ € . .- " ` .�� {�0 $�o f—�-� �. 5�_v r ` z °��...��...��'-^"`"" g�►� -„"��r� Sta1E tiw"1�o -�-"'� --"- �r °' "� g1� �'S � �_ '" __ .� ., r�a�ct 1�`�'1 -- - Nwy 5 W'B t4 tiv�Y�i 6�J MB " � v ��sosial N`� 3� 8$� ro � ' , 439 � 440 � #�!1 � ��' � ° " � 8945 ar � � � - 8951 � g '� � 031 433 � 433 ; 432 B�1 � l i�+��, asi �� aza '� ? as� � s r �t��z�� eas t��9�� sa� z aio sg�s sgso ss�� a�s � 1051T11 3d5 � � 408 -', lD�i � _ "'. Walty 6E.._ ._ _ �_ ',r -.,,-.,. j 303��0 335 ' 933 925 917 913 9098901 4�� 325 Y � � � �i�<.�d.:��is Lm,�.rr.,.ef�.cx:�csssa�:i. `� qqqri�:: . � . � JauK.l,ti3'/' ��I I ' . ' ., . � Juu,t(,tty'��,�� / � • � . � a c$Aal�City� // � _ 4 ., * � � d� // 4 � . � . * � / ! � ,t � WELCOME TO DELICIOUS° May 7,2013 City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Culver's of Golden Valley To All Concerned: Enclosed please find the Use Permit application and supporting documents for a proposed Culver's restaurant where the existing Piazza's Restaurant is located, at the southeast corners of Decatur Avenue North and 7t" Avenue North. Culver's is a quick serve franchise serving fresh, made to order dinners, sandwiches, salads, and a premium ice cream known as frozen custard. We pride ourselves on being a very active community member and a good neighbor. The proposed size of the restaurant is approximately 4,300 square feet (due to Minnesota bathroom requirements), with an indoor seating capacity of approximately 102 guests. The outdoor patio area would be approximately 807 square feet and would seat another 24 guests. The restaurant will also have a drive-thru. We have traditionally seen 45 to 50 parking spaces needed and/or required for all of our other locations and other Culver's Restaurants around the country. The site, which is also referred to Piazza's Restaurant, is currently developed. It has a gross area of approximately 1.47 acres and a net site area of approximately .97 acres after allowing for setbacks. The lot is properly zoned for a restaurant. The Use Permit is requested for the drive-through element of the site. The drive-through potential impact on the surrounding properties will be mitigated by the use of speaker posts by the car, landscaping, and orientation of the building. The store hours are planned from 10 am to midnight daily (Normally 10 pm with the exception of summer hours or local events). There are typically twelve persons working at any given shift. Please contact me at any time if you need additional information. I look forward to working with the City of Golden Valley on this project. Best regards, Sweet Cream Properties Golden Valley,LLC � � ,�a----_._ r�,p��' 4004 Silver Lake Road �St.Anthony � MN I 55421 phone:612-781-3450 fax:612-781-3459 2065 Old Hudson Road �St. Paul � MN �55119 phone:651-735-0444 fax:651-735-0888 4485 Centerville Road �Vadnais Heights � MN � 55127 phone:651-762-9600 fax:651-762-9602 2880 Rice Street I Little Canada I MN � 55113 phone:651-483-1046 fax:651-483-1237 Regular Meeting of the Golden Valley Pianning Commission June 10, 2013 A regular meeting of the Planning Co mission was held at the Golden Valley City Hall, L"�'ai ' ,hambers, 7800 Golden Vall Road, Golden Valley, Minnesota, on Monday, June 10, 2 . hair Kluchka called t meeting,to order at 7 p Those present were Plan ' Commis 'oners Bou au-Landis, Cera, Kluchka, McCarty and Segelbaum. Also present w Co mu � evelopment Director I�ark Grimes, City Planner Joe Hogeboom, Planning Int ett Angell and Administrative Assistan# Lisa Wittman. Commissioners Baker W Idhaus ere absent. 1. Approval of " tes May , 013 Regular Planning ommission Meeting MO D by Cera, seconded by McCarty nd motion carried unanimously to approve the ay 13, 2013 minutes as submitted. 2. Informal Public Hearing — Conditional Use Permit:(CUP) — 8851 7th Avenue North — Drive-Thru Window in the Commercial Zoning District— CU-133 Applicant: Sweet Cream Pnaperties Golden Valley, LLC (Culver's) Address: 8851 7th Avenu:e Nor#h Purpose: To allow for a drive-thru window in the Commercial Zoning District. Angell stated that the applicant is proposing to construct a Culver's Restaurant at 8851 7tn Avenue North. He explained that the applicant would like to operate a drive-thru window which requires � Conditional Use Permit. He noted that the proposed restaurant will be 4,300 square feet in siz� with an 807 square foot patio and the ability to seat 126 customers. He referred to a photo of the site and said that there will be 64 parking spaces. He added that the praperty is zoned properly and designated properly on the General Land Use Plan'map for this use and staff is recommending approval of the requested Conditional Use permit. Segelbaum referred to the number of parking spaces and asked if staff believes that 64 spaces will be sufficient. Grimes stated that Culver's is kind of a hybrid restaurant in that approximately half of their business will be a sit-down type of restaurant, and not strictly a fast food type of restaurant so staff is comfortable with 64 parking spaces. Segelbaum asked how the parking for this site would compare to a different type of restaurant. Grimes said a typical fast food restaurant would require more parking spaces. He added that staff's goal is to not have to pave areas any more than necessary for parking and to keep parking at a reasonable amount. McCarty referred to the analysis factor regarding the effect on traffic and stated that it seems like there will be more traffic as a result of this use than the property's current use. Minutes of the Golden Valley Planning Commission June 10, 2013 Page 2 Angell stated that staff feels that this proposed use is not expected to have a negative impact on the traffic in the area. Grimes added that when staff analyzes traffic for this type of use the main concerns are the impact on the streets, if there is adequate capacity and if the proposed accesses function properly. He added that the City's Public Works Department has reviewed the plans and feel the proposal will work. Kluchka suggested the staff report state that the proposal won't impact the capacity or the operation of the streets rather than saying the proposal won't impact traffic. Grimes added that another thing staff considers is how the drive-thru works. In this case, the applicant feels that the site will be more than adequate to meet their needs. Segelbaum asked if any thought has been given to walkability around the site and,the ability to ride a bike to the restaurant. Angell stated that sidewalks and walkability:in the area have been discussed and is being studied as part of the Highway;55 Reneuti�al and Renovation Area goals. Grimes stated that the City's Sidewa�k G4mCt�ittee coul�! also review this proposal. He added that staff could work with Culver's or� obtaining an easement for sidewalks in the future. Boudreau=Landis asked if there'are other sidewalks in the area. Kluchka asked if adding a bike rack has been discussed. Angell said he wasn't aware of discussions regarding bike racks. Kluchka asked if landscape plans will be submitted. Grimes stated that a landscape plan will be reviewed as a part of the building permit process. Segelbaum asked if all drive-thru windows require a Conditional Use Permit or just drive- thru windows in the Commercial zoning district. Grimes stated that every drive-thru window requires a Conditional Use Permit. Chris McGuire, McCon Building Corp., representing the applicant, stated that they are intending to install sidewalks antl a bike rack and they will follow whatever the City Code requires regarding landscaping. Kluchka suggested that they have those items shown on the plans when they go" befiore the City Council for consideration. Cera a�ke��about th�:�+�n�Pine for the project. McGuire said they would like to start construction in �ate July dr early August with completion in November. Segelbaum su�gested that the applicant stripe a pathway in the parking lot that shows what route pedestrians should take. McGuire stated safe access will be created from the patio to the sidewalk. Segelbaum asked the applicant if the 64 parking spaces shown on the plans will be too many, too few or adequate. McGuire stated 64 spaces are more than they have at some of their other locations however that will be a nice number for this site. Segelbaum said the City would be open to reducing the number of parking spaces. McGuire said that 64 spaces will work very well. Minutes of the Golden Valley Planning Commission June 10, 2013 Page 3 Kluchka said he would like to see the sidewalk plan done for this area before the Culver's goes in. Cera referred to photos submitted with the agenda and asked if they are representative of what will be built on this site. McGuire stated that this restaurant will be similar to the one shown in the photos however it will be slightly taller. Kluchka referred to the site plan and asked the applicant to explain the drive-thru stacking area. McGuire showed on the site plan how the drive-thru traffic would work and noted that there is enough room for 15 to 16 cars. Boudreau-Landis asked if the drive aisles and radii for emergen�y vehicles will be 20 feet in width as required. McGuire said they are both greater than 2p fieet in width. Kluchka opened the public hearing. Julie Peterson, Applicant, said she is exited to bring Culver's to Golden Valley. She stated that there is a bike trail near their proposed store so a b��Ce rack would be a good thing to install. She said she would bring a landscape plan to the Council meeting and she also feels that sidewalks in this area are important, Hearing and seeing no one else wishing to comment, Kluchka closed the public hearing. Kluchka asked Grimes about the time7ine of this area's overall sidewalk plan. Grimes explained that the Highway 55 Renewal-and Renovation district could be on hold because the recently approved Tiburon,apartment projecf is currently on hold. He noted that the City's sidewalk plan does call fo�r�sid�intalk in this entire area it is just a matter of having the funds to construct them. He added that the City cannot stop development because of sidewalks or make a developer install sidewalks. Segelbaum stated that the applicant has said they would be willing,to install sidewalks and he would like to encourage them to do so even if the City can't require them to. Boudreau-Landis asked if there is a plan in place regarding the maintenance of sidewalks. Grimes stated that the City currently maintains public sidewalks. McCarty said he understands there are things they might like to have but question�d if the:Plann'ing Commission has the authority to require them. Kluchka said the Plannirt� Commission doesn't have the authority to require sidewalks be he thinks it is good to,have the discussion. Cera said he feels Culver's is a destination restaurant and is a good use of the property that will bring business to the area. MOVED by Gera, seconded by Segelbaum and motion carried unanimously to recommend approval to allow for the operation of a drive-thru window in a Commercial Zoning District for the property located at 88517th Avenue North subject the following conditions: 1. The Site Plans submitted with the application shall become part of this approval. 2. All signage must meet the requirements of section 4.20 of City Code. 3. All future improvements to the building shall meet the City's Building Code requirements. Minutes of the Golden Valley Planning Commission June 10, 2013 Page 4 - 4. The applicant shall consider amending the site plans to include a landscape plan, a sidewaNc/pedestrian plan, a bicycle rack, a drive-thru stacking plan and a striped area showing pedestrian use on the site. 5. All other applicable local, state and federal requirements shall be met at all times. --Short Recess-- 3. Reports on Meetings of the ousing and Redevelopment Authority, City ouncil, Board of Zoning A eals and other Meetings , Grimes gave status report on vari us proposals and pro' that will be coming before the Planning C mission includin ; the proposed pe ance zoning di"st�ict, the solar energy ordinance, d the formati n of a Bottinea ransifinray station area planning steering committee. 4. Other Business No other business was discus 5. Adjournment The meeting adj rned at 7:57 m. ; huck Segelbaum, Secretary C 1��1 C�� -"� „` � ' �� . �t�,. �..'� Planrung Department 763-593-8095!763-593-8109(fax) Date: May 13, 2013 To: Golden Valley Planning Commission From: Brett Angell, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP-133) to allow for the Operation of a Drive-Thru Window at 885� 7th Avenue North —lulia Peterson (Sweet Cream Properties Golden Valley, LLC/ Culver's) Applicant Background and Proposed Use Sweet Cream Properties Golden Valley, LLC is proposing to construct a new Culver's restaurant at 8851 7th Avenue North. Julie Peterson, representing Culver's, is requesting a Conditional Use Permit (CUP) to allow a drive-thru window to operate at the restaurant. City staff has been working with Culver's developers for the past months concerning this project. Upon approval, the Piazza's Restaurant building would be demolished and Culver's would be constructed in its place. All other buildings in the area would remain in place, as they are not affiliated with this project. The current site is approximately 1.47 acres and a net site area of approximately .97 acres after allowing for setbacks. The lot is properly zoned for a restaurant. The proposed building is approximately 4,300 square feet with a proposed patio of 807 square feet. This would give the ability to seat approximately 126 guests both indoor and outdoor combined. The proposed building includes a total of 64 parking spaces. The site is located within the highway 55 West Renewal and Renovation area. This proposal is consistent with the redevelopment goals for the area. As a commercial business, Culver's would be allowed to operate at this site without a Conditional Use Permit. The request for a drive-thru facility requires that a CUP be obtained. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use:The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. With the recent closure of Piazza's Restaurant, western Golden Valley is lacking restaurant options. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map guides this site as long-term commercial use. Culver's is compatible with that designation. 3. Effect on Property Values in the Area: The property has operated as a restaurant for severa) years. Culver's would have similar impacts to surrounding properties. 4. Effect of Use on Traffic in the Area:Traffic would not be greatly affected by the addition of a Culver's restaurant in the area. 5. Effect of Increases in Density or Population on the Area:The proposed use will have no effect on population. 6. Increase in Noise Created by Use:The proposed use will have only minimal impact on noise during normal business hours. 7. Any Dust, Odor or Vibration caused by Use: The proposed use will not create dust, odor, or excessive vibrations. 8. Any Increase in Animal Pests Caused by the Use: The proposed use will not attract animal pests of any kind. 9. Visual Appearance of the Use:The proposed Culver's store will be subject to landscaping requirements established by the City's Environmental Coordinator. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. Recommended Action Staff recommends approval of Conditional Use Permit 133 allowing Culver's to operate a drive-thru facility. The approval of a Conditional Use Permit is subject to the following conditions: 1. The site plan shall become a part of this approval 2. All signage shall meet the requirements of Section 4.20 of City Code. 3. All future improvements to the building shall meet the City's Building Code requirements. 4. All other applicable local, state and federal requirements shall be met at all times. Failure to comply with any of the terms of this permit shall be grounds for revocation Attachments Location Map (1 page) Memo from Deputy Fire John Crelly dated June 3, 2013 (1 page) Applicant's Narrative (1 page) Photo of a Similar Culver's Property (1 page) Site Plans (4 Pages) Cit , �f� ��1"i1C3C�i1dl.lt�'1 0 �� a e Fire Department F i r e D e p a r t m e n t 763-593-8065/763-593-8098 Ifaxl To: Mark Grimes, Director of Planning and Zoning From: John Crelly, Deputy Fire Chief Subject: Conditional Use Permit - Culvers Date: June 3, 2013 I have reviewed the conditional use permit information packet for the proposed Culver's restaurant located at 8851 7th Avenue North. Listed below are my plan review comments. 1. The demolition and construction phase to this proposed site shall be in accordance with the MN S#ate Fire and Building Codes. 2. The fire department access road along the south and east sides of the building (only) shall be maintained at 20 feet wide and the turning radius shall be maintained 20 feet inside radius and 40 feet outside radius for the fire apparatus. 3. The description of intended use of the proposed site shall meet the requirements set forth in the Minnesota State Fire Code. 4. A fire hydrant will be required to be installed on this proposed site. The installation of the fire hydrants will be required to be installed in accordance with the City of Golden Valley Public Works Department and the Minnesota Health Department. The fire hydrant located on the site will be considered a private hydrant. The private hydrants will be painted red in color. The fire hydrants shall be installed within 150 feet of the fire department connection. 5. A Post Indicator Valve (PIV) will be required to be installed for the building site. The PIV is an indicating valve to determine the operation of the water supply for the proposed business. 6. A knoxbox rapid entry box will be required to be installed on the building. If you have any questions, please contact me at 763-593-8065, or my e-mail address, jcrelly�qoldenvalleymn.qov ORDINANCE NO. 501, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Gonditional Use Permit Number 133 8851 7th Avenue North Sweet Cream Properties Golden Valley, LLC (Culver's), Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for a certain tract of land at 8851 7th Avenue North, thereby allowing the proposed Culver's restaurant to operate a drive-thru window in the Cammercial Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The applicant has demonstrated need for the use. 2. The proposal is consistent with the City's Comprehensive Plan. 3. There will not be a negative effect on property values in the area. 4. The traffic generated from the proposed use will not conflict with current traffic in the area. 5. The density or population in the area will not increase due to the proposed use. 6. There will not be an increase in noise by the proposed use. 7. The proposed use will not create dust, odor or excessive vibration. 8. The proposed use will not attract animal pests. 9. The proposed use will not significantly alter the visual appearance of the existing building. 10.No other negative effects of the proposed use are anticipated. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1, The site plans submitted with the application shall become a part of this approval. 2. The conditions found in Deputy Fire Chief John Crelly's memo dated June 3, 2013 shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. All future improvements to the building shall meet the City's Building Code requirements. 5. All other applicable local, state, and federal requirements shall be met at all times. 6. Failure to comply with any of the terms of this permit shall be grounds for revocation. Section 2. The tract of land affected by this ordinance is legally described as follows: The North 239 59/100 feet of the West 68 feet of Lot 2 and the North 239 59/100 feet of Lot 3 of Golden Valley Industrial Park. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 2nd day of July 2013. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk i',; i�Y' '�,,�� ; - � � ; :� �;:� , , � ��`;.� ,� _ �� ,: �i� ., ;� ., - � +i�;1I ..___�.,,�_' �. I� ��n; � 1�I� _ �r •L - � '� . -- • . - � r � � i . , a -►�:_: -- r......��t�� f��- _ .. _. r f tia'��.. 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A. Wine On-Sale and Non-Intoxicating Malt Liquor License Renewal Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary The following establishment has 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. Wine On-Sale (includin�stron� beer) and Non-Intoxicatin� Malt Liquor Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger Recommended Action Motion to approve the renewal of the respective liquor license for the applicant listed above for the 2013-2014 license term. �,�b y 1..�� Iy � Police Departmenfi 763-593-8079/763 593 8098(fax� �:..�.. Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 6. B. Wine On-Sale (Including Strong Beer) and Non-intoxicating Malt Liquor- CCP LLC d/b/a Mort's Deli Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary CCP LLC d/b/a Mort's Deli, has applied for a Wine On-Sale (Including strong Beer) and Non- Intoxicating Malt Liquor License. The City Attorney has reviewed the application, and has found the application documents are in order and complete. The applicant meets all State and City requirements for consideration of the issuance of a Wine On-Sale (including strong beer) and Non-intoxicating Malt Liquor license. Recommended Action Motion to approve the issuance af a Wine On-Sale (including strong Beer) and Non-Intoxicating Malt Liquor license to CCP LLC d/b/a Mort's Deli, located at 525 Winnetka Avenue North. �:1��' C�� Police Department 763-593-8079/763-593-8098(fax} �.. .. , � .. � ��._ �, _ � � ,� � ,. _ Executive Summary For Action Golden Valley City Council Meeting July 2, 2013 Agenda Item 6. C. Off-Sale Liquor- San Antonio Farms LLC d/b/a MGM Liquor Warehouse Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary San Antonio Farms LLC d/b/a MGM Liquor Warehouse, has applied for an Off-Sale Liquor License. San Antonio Farms LLC d/b/a MGM Liquor Warehouse, is wholly owned by Jorge Samper-Zelaya. The City Attorney has reviewed the application, and has found the application documents are in order and complete. The applicant meets all State and City requirements for consideration of the issuance of an Off-Sale liquor License. Recommended Action Motion to approve the issuance of an Off-Sale Liquor License to San Antonio Farms LLC d/b/a MGM Liquor Warehouse, located at 7702 Olson Memorial Highway.