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04-05-11 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 5, 2011 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 A. Roll Call B. American Lung Association Fight For Air Stair Climb Award Presentation 2: ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - February 1 and 15, 2011 B. Approval of Check Register 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. Solicitor's License - Window Concepts of MN, Inc. 2. Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of Golden Valley D. Minutes of Boards and Commissions: 1. Planning Commission - February 14, 2011 2. Civil Service Commission - February 7, 2011 3. Human Services Foundation - January 10, 2011 4. Bassett Creek Watershed Management Commission - February 17, 2011 E. Bids and Quotes: 1. Honeywell Ball Field Project: a. Award Contract b. Authorization to Sign Amendment to Lease Agreement with Golden Valley Little League, Inc. F. Authorization to Sign Master Agreements for 2011 Pavement Management Program Sanitary Sewer Repair Program G. Recall for Public Hearing - Special Assessments - 4/20/11 H. Authorization to Sign Agreement with City of Minneapolis Regarding Bicycle Parking Project I. Authorization to Sign Agreement with Hennepin County for Reimbursement of Active Living-Related Staff Expenses 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance #458 - Conditional Use Permit No. 130 - 7550 Wayzata Boulevard - Neptune Society, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT G. of o d n Valley Fire Department 763-593-8079/763-593-8098 (fax) GO1DRatter ti 4 ■ Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 1. B. American Lung Association Fight For Air Stair Climb Award Presentation Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On February 26, 2011, Firefighters Ken Bence, Steve Yingst, Steve Baker, Ben Vogel, Bryan Magnuson, Andy Hutson, Brent Hadoff, and Gregg Prest represented the Golden Valley Fire Department at the annual Fight For Air Stair Climb for the American Lung Association. They joined 120 other firefighters to help raise money to fight lung disease by climbing 30 stories in full gear. This is the fourth year Team Golden Valley has participated in the event and raised nearly $10,000.00 this year. At the City Council meeting, American Lung Association staff will be presenting awards to the Golden Valley firefighters that participated. Regular Meeting of the City Council February 1, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on February 1, 2011 at 6:30 pm. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of February 1, 2011 as submitted. Approval of Consent Agenda MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the consent agenda of February 1, 2011 as submitted. *Approval of Minutes - Council/Manager Meeting - December 14, 2010 and City Council Meeting - December 21, 2010 MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and file the Council/Manager Meeting minutes of December 14, 2010 and the City Council Meeting minutes of December 21, 2010 as submitted. *Approval of Check Register MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Gambling License Application to Conduct Excluded Bingo - Ladies Auxiliary to the Veterans of Foreign Wars Post#7051 MOVED by Freiberg, seconded by Pentel and motion carried unanimously to approve the gambling license application to conduct excluded bingo for the Ladies Auxiliary to the Veterans of Foreign Wars Post#7051. *Minutes of Boards and Commissions MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - September 16, 2010 Open Space and Recreation Commission - October 25, 2010 Bassett Creek Watershed Management Commission - December 16, 2010 Regular Meeting of the City Council February 1, 2011 Page 2 `Quotes - F550 Cab and Chassis Truck and Equipment MOVED by Freiberg, seconded by Pentel and motion carried unanimously to purchase a Ford F550 cab and chassis truck through the Minnesota Materials Management Division from Midway Ford for $37,827.38. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to purchase a hooklift system through the Minnesota Materials Management Division from ABM Equipment for $24,795.00. MOVED by Freiberg, seconded by Pentel and motion carried unanimously to purchase a contractor truck box from the lowest responsible bidder, Alloy Welding & Manufacturing for $6,726.56. The quotes were as follows: Alloy Welding & Manufacturing $6,726.56 Aspen Equipment $8,963.61 *Approval of 2011 Legislative Policies MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve City of Golden Valley 2011 Legislative Policies. *Authorization to Sign Agreement with Gallagher Benefit Systems, Inc. for HIPPA Compliance MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the Mayor to sign the Business Associate Agreement with Gallagher Benefit Services, Inc. for HIPPA compliance Public Hearing - Preliminary Plat Approval - Fretham 11th Addition - 240 Jersey Avenue North Marty Campion, Campion Engineering Services, representing the applicant, reviewed the plat and requested that given the time of year they receive conditional final plat approval to allow them to remove the home by a specific date later in the spring/summer. Cathy Waldhauser presented the Planning Commission report. Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. Regular Meeting of the City Council February 1, 2011 Page 3 Public Hearing - Preliminary Plat Approval - Fretham 11th Addition - 240 Jersey Avenue North - Continued MOVED by Pentel, seconded by Shaffer and motion carried unanimously to continue consideration of the Preliminary Plat for Fretham 11th Addition, 240 Jersey Avenue North, until the February 15, 2011 City Council meeting. Council requested an updated staff report from the City Engineer that reflects the new proposal. Public Hearing - Ordinance #454 - Rezoning 8805, 8905, 9191, 9393 Wayzata Boulevard and Outlot A in PUD 95 (between 8905 and 9191 Wayzata Boulevard) from Industrial Zoning District to Commercial Zoning District The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 454, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Rezoning 8805, 8905, 9191, 9393 Wayzata Boulevard and Outlot A in PUD 95 (between 8905 and 9191 Wayzata Boulevard) from Industrial Zoning District to Commercial Zoning District City of Golden Valley, Applicant Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve Ordinance #454, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL -YES SCANLON - YES SHAFFER - YES First Consideration - Ordinance #455 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) The following ordinance was MOVED by Pentel, seconded by Shaffer: ORDINANCE NO. 445, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) Regular Meeting of the City Council February 1, 2011 Page 4 First Consideration - Ordinance #455 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) - Continued Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Allen Barnard and Thomas Burt answered questions from the Council MOVED by Pentel, seconded by Shaffer and motion carried unanimously to table consideration of Ordinance #455 and hold first consideration of said ordinance at the February 15, 2011 meeting. Staff was requested to research what other cities are doing regarding licensing of dogs, licensing fees and other potential costs for consideration at the February Council/Manager meeting. Executive Session - Christopher Gise vs City of Golden Valley Mayor Loomis stated the Council, staff and City Attorney will meet in an Executive Session to discuss the lawsuit of Christopher Gise vs. City of Golden Valley during a break in the City Council meeting. Announcements of Meetings The Council will hold an Executive Session during the break in the City Council meeting to discuss the lawsuit of Christopher Gise vs. City of Golden Valley. Some Council Members may attend the Neighborhood Watch meeting for Zone 9 and 10 on February 7, 2011 at 7 pm. The next Council/Manager meeting will be held on February 8, 2011 at 6:30 pm. Some Council Members may attend the Golden Valley Historical Society Meeting on February 10, 2011 at 7 pm at the Golden Valley Historical Society. The next City Council meeting will be held on February 15, 2011 at 6:30 pm. A Bassett Creek Water Management Commission will be held on February 17, 2011 at 11:30 am. Some Council Members may attend the Neighborhood Watch meeting for Zone 8 on February 17, 2011 at 7 pm. The City Offices will be closed on February 21, 2011 in observance of Presidents Day. Regular Meeting of the City Council February 1, 2011 Page 5 Announcements of Meetings - Continued The State of the City will be held on February 25, 2011 at 7:30 am at City Hall. The Antiques Appraisal Show will be held on February 26, 2011 at 1 pm at Calvary Center Cooperative. Mayor and Council Communications Mayor Loomis stated the League of Minnesota Cities has requested cities to apply to be a host city to conduct community discussions and the 125th Anniversary Committee requested the City apply. Mayor Loomis stated that an application is being submitted and if the City is selected the Council will be informed. Adjournment The Mayor adjourned the meeting at 7:40 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Regular Meeting of the City Council February 15, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on February 15, 2011 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel (arrived 6:34 pm), Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Scanlon, seconded by Shaffer and motion carried unanimously to approve the agenda of February 15, 2011 as amended: Revised report for Continued Public Hearing - Preliminary Plat Approval - Fretham 11th Addition - 240 Jersey Avenue North. Approval of Consent Agenda MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the consent agenda of February 15, 2011 as submitted. *Approval of Minutes - City Council Meeting -January 4, 2011 and Council/Manager Meeting -January 11, 2011 MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the City Council Meeting minutes of January 4, 2011 and the Council/Manager Meeting minutes of January 11, 2011 as submitted. *Approval of Check Register MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the payment of the City bills as submitted. *Rental Property Licenses MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as submitted. *Gambling License Exemption and Waiver of Notice Requirement - Northwest Suburban Optimist Club MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for the Northwest Suburban Optimist Club. Regular Meeting of the City Council February 15, 2011 Page 2 *Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church & School MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Good Shepherd Catholic Church & School. *Minutes of Boards and Commissions MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Human Rights Commission - October 7, 2010 Joint Water Commission - December 1, 2010 *Manhole Covers - Quotes MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to purchase 300 solid manhole covers from the lowest responsible bidder Ess Brothers and Sons, Inc. for $36,230.63, including sales tax. The quotes are as follows: Ess Brothers and Sons, Inc $36,230.63 Neenah Foundry Company $37,192.50 *Email from Brenda McGhie Regarding Resignation from Human Services Foundation MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the email from Brenda McGhie, dated February 10, 2011, regarding resignation from the Human Services Foundation; and request the Mayor send her a letter of appreciation in recognition for her service to the community. *Emails from James ("Greg") Salter and David ("Dane") Anderson Regarding Amendment to Dog Licensing Requirements MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and file the emails from James Salter and David Anderson, dated February 1, 2 and 4, 2011, regarding amendments to the dog licensing requirements. Regular Meeting of the City Council February 15, 2011 Page 3 *Support for Funding Request by Five Cities Senior Transportation Project from 2011 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-5 RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2011 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was seconded by Member Freiberg upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorization to Sign Agreement with Bureau of Criminal Apprehension for Breath Test Instruments MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to authorize the Mayor, City Manager to sign the MN Department of Public Safety DataMaster DMT-G with Fuel Cell Option Evidential Breath Tester Instrument Agreement. *Approval of Plat - Pentel Addition Member Shaffer introduced the following resolution and moved its adoption: RESOLUTION 11-6 RESOLUTION FOR APPROVAL OF PLAT - PENTEL ADDITION The motion for the adoption of the foregoing resolution was seconded by Member Freiberg upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel and Shaffer; and the following was absent: Pentel, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Continued First Consideration - Ordinance #455 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to take no action on Ordinance No. 455, Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs). Regular Meeting of the City Council February 15, 2011 Page 4 *Continued First Consideration - Ordinance #455 -Amending Section 10.30, Regarding Discontinuance of Dog Licensing Requirement (Except for Dangerous and Potentially Dangerous Dogs) - Continued MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to request staff include a three year dog license and change the fee to $15 per year (spayed/neutered) and $30 per year (unaltered) for consideration in the 2012 Master Fee Schedule. Continued Public Hearing - Preliminary Plat Approval - Fretham 11th Addition - 240 Jersey Avenue North Thomas Burt and Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Allen Barnard answered questions from the Council. Curt Fetham, applicant, reviewed his plat approval and requested that because of winter timing he be allowed to put money into escrow and demolish the house in June so he could save approximately $14,000 in additional expenses in demolition and I/I compliance. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Preliminary Plat for Fretham 11th Addition, 240 Jersey Avenue North, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. .2. The City Engineer's memo, dated February 15, 2011, shall become part of this approval and directed staff to work with the applicant regarding compliance with inflow/infiltration regulations. 3. A park dedication fee in the amount of$1,400 shall be paid by the applicant prior to final plat approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memo dated February 15, 2011. 5. The existing home and garage shall be removed prior to the approval of the final plat. 6. All applicable City permits shall be obtained prior to the development of the new lots. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Thomas Burt and Allen Barnard answered questions from the Council. Regular Meeting of the City Council February 15, 2011 Page 5 Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No. 107 until August 27, 2011, subject to the following conditions: 1. Duke shall submit cash deposits as requested by the City to cover legal and engineering costs incurred by the City for consideration of the Preliminary Plan. 2. Duke will be financially responsible for road construction under TH 100 and intersection improvements on the east side of TH 100 and traffic calming along the frontage road east of TH 100, to occur at the time building permits area 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 the certain parts of Golden Valley and St. Louis Park. The cooperation may include the dedication of property or easements for the construction of a lift station, force main, air relief, or gravity lines as outlined in the MCES plans for 1-GV-461. The City retains the right to place additional conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan. Council directed staff to discuss with the Metropolitan Council representative the SAC charges between metro area and outer ring cities and limitation on higher density housing and the disconnection between the programs. Announcements of Meetings The Council will hold an Executive Session immediately following the City Council meeting regarding the franchise fee ordinance. A Bassett Creek Water Management Commission will be held on February 17, 2011 at 11:30 am. Some Council Members may attend the Neighborhood Watch meeting for Zone 8 on February 17, 2011 at 7 pm. The City Offices will be closed on February 21, 2011 in observance of Presidents Day. The State of the City will be held on February 25, 2011 at 7:30 am at City Hall. The Antiques Appraisal Show will be held on February 26, 2011 at 1 pm at Calvary Center Cooperative. Regular Meeting of the City Council February 15, 2011 Page 6 Announcements of Meetings Some Council Members may attend the Home Remodeling Fair on February 27, 2011 from 10:30 am to 3:30 pm at the Eisenhower Community Center. The next City Council meeting will be held on March 1, 2011 at 6:30 pm. Mayor and Council Communications No action and/or discussion took place. Executive Session - Revised Franchise Fee Ordinance The Council adjourned to Executive Session to discuss a possible legal suit with Xcel Energy regarding the Franchise Fee Ordinance. Adjournment The Mayor adjourned the meeting at 7:16 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant G it Go o ,, ke,morani um nn Valley Finance 763-593-8013 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. ctly Go Finance W V 763-5934013/7634934109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. CO/it > n City Administration/Council ey 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. C. 1. Solicitor's License -Window Concepts of MN, Inc. Prepared By Christine Columbus, 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 Window Concepts of MN, Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ .5 0 0®. -- 7800 Golden Valley Road Number of Persons: ( \ Golden Valley, MN 55427 Type of License: Peddler '•olicitor (circle one) Enclose the sum of$ S b(9%—for l I (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 e 1cesssaryry ff or obtaining this license. (Business or Individual Name or Organization to be Licensed) 141 \qkA - (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business Ame, \ \4p V (Corporation, Proprietorship, Partnershi p, Non-Profit, State of Incorporation or Individual) q W Luitle, DAI- C-dt - -1---e-: 1,V-1? (Address) q4,404 \j S City, State and Zip Code)ll O (Telephone Number, including Area C e) , NOW, THEREFORE, An-km./ o`A, hereby makes application for (Applicant Name) period of_ `75///_, through, W3D/" , subject to the conditions and provisions of said City C••e. ,,,,,s ilisail, (Srrature ► A ':R''cant/Pri cipal Officer) Descri• •n of goods or services for sale (include prices) or indicate if soliciting donations. If m re space is needed, attach additional sheets (be specific): (6e Flomk i ► �c��lQ menf .es$ I IC-'e S NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of n�es and addresses of all pers•n •a•e• in •eddli g or soliciting in the City: n �� e 'M,d�, y /(�y / o. 1 'iI/. ?' I d l ,\ "'1/4.%v...S 0 �. °/O 7 -Y 0441L-J 5 /v tot Dot (-6 7 3 2 loo .�'rV L 5f, l' k ' y .e.( I ,L7 L.A.„-rifimmorminrc, / oid ft kt po ''2/ R r°4 5t 'E g z 14,P . _ c / 0 ' t u'e. S. +• S fi r r c/0 ' Cr c C(-2 P,`n P s 0'1 (If more space is needed, attach additional sheets) STATE OF ) ss. COU TY F ) n P4M-0/11 bfc nv of a C Ofr/Individual (Name of Organization being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. -' MEM 411111 Signature Appicc�ant/Principal0 .icer) Subscribed and sworn to before me this I 1 day of C cCS , 2 (Signature) cit a G Memonendu City Lh1s uncil O a, V 763-593-8006/763-5ax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. C. 2 Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of Golden Valley Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Rotary Club of Golden Valley requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Rotary Club of Golden Valley. Minnesota Lawful Gambling Page 1 of 2 3111 LG220 Application for Exempt Permit Application fee •• s.n B-4)-1• 1. -d or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 30 days - conducts lawful gambling on five or fewer days,and before the event before the event - awards less than$50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION check# $ Organization name Previous gambling permit number Rotary Club of Golden Valley, MN x-27139-10-001 Minnesota tax ID number, if any Federal employer ID number, if any 1854016 Type of nonprofit organization. Check one. r/ Fraternal Religious ! Veterans l Other nonprofit organization Mailing address City State Zip Code County 7001 Golden Valley Road Golden Valley MN 55427 Hennepin Name of chief executive officer (CEO) Daytime phone number Email address Bryan Rossi 612-310-6925 bryan @bryanrossi.com Attach a copy of ONE of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. Ellonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State,Business Services Div.,180 State Office Building,St.Paul,MN 55155 Phone: 651-296-2803 IIIIRS income tax exemption[501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter,have an organization officer contact the IRS at 877-829-5500. TIRS-Affiliate of national,statewide,or international parent nonprofit organization(charter) If your organization falls under a parent organization,attach copies of bit of the following: a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted.For raffles,list the site where the drawing will take place. Golden Valley Golf& Country Club Address (do not use PO box) City or township Zip Code County 7001 Golden Valley Road Golden Valley 55427 Hennepin Date(s) of activity(for raffles,indicate the date of the drawing) May 6, 2011 Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* / Raffles Paddlewheels* Pull-Tabs* Tipboards* * Gambling equipment for pull-tabs, bingo paper,tipboards,and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor,go to www.gcb.state.mn.us and click on List of Licensed Distributors,or call 651-639-4000. LG220 Application for Exempt Permit Page 2 of 2 3/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township official is not required to sign the application. e application is acknowledged with no waiting The application is acknowledged with no waiting period. period. The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period,and allows the Board to issue a waiting period,and allows the Board to issue a permit after 30 days(60 days for a 1st Bass city). permit after 30 days. The application is denied. The application is denied. Print county name Hennepin Print city name Golden Valley On behalf of the county, I acknowledge this application. Signature of county personnel receiving application On If of th- city, I acknowledge this application. Si r- off pe ,nn- rY ping application �i �■ . .....16.A,� - ���r,�/ Title Date Titl=W/: / j� E Date MI (Optionial) TOWNSHIP: On behalf of the township,I V acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application[Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed -nd return • the Board within 30 days of the date of our gambling activity. Chief executive officer's signature rag. ur 'N Date 3/141 /1 Complete a separate application for each .ambing activity: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing is held be sent with your permit,or use the online fill-in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status,and activity date,complete and return the • application fee for each event financial report form to the Gambling Make check payable to"State of Minnesota." Control Board. Questions? PAM Form To: Gambling Control Board Call the Licensing Section of the Gambling 1711 W est County Road B, Suite 300 South Control Board at 651-639-4000. Roseville, MN 55113 This form will be made available in alternative format(i.e.large print,Braille)upon request Data privacy notice: The information Your organization's name and Private data about your organization are available requested on this form (and any address will be public information to: Board members,Board staff whose work attachments) will be used by the Gambling when received by the Board. All requires access to the information;Minnesota's Control Board (Board)to determine your other information provided will be Department of Public Safety;Attorney General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota In lawful gambling activities in Minnesota. organization until the Board Management&Budget,and Revenue;Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling supply the information; howeve r, if your Board issues the permit, all regulatory agencies;anyone pursuant to court organization refuses to supply this information provided will become order; other individuals and agencies specifically information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit,all information to the information;individuals and agencies for and,as a consequence,may refuse to issue provided remains private,with the which law or legal order authorizes a new use or a permit If your organization supplies the exception of your organization's sharing of information after this notice was given; information requested,the Board will be name and address which will and anyone with your written consent able to process your organization's remain public. application. Reset Form POTAF - *04 1,4 �" FRNATOO Rotary Club of Golden Valley 7001 Golden Valley Road • Minneapolis, Minnesota 55427 March 19, 2011 Ms. Judy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: Waiver for 30-Waiting Period Dear Judy, The Rotary Club of Golden Valley will host our annual Gala Fundraiser at the Golden Valley Golf and Country Club on Friday, May 6,2010. We request permission to hold a raffle at this event and respectfully request the City Council waive the customary 30-waiting period for the exemption for a lawful gambling permit required for this type of event. Thank you for your consideration. If you have any questions, please contact me at your convenience. In a , R ed obinson Treasurer Service Above Self Regular Meeting of the Golden Valley Planning Commission February 14, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, February 14, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. Commissioner Eck was absent. 1. Approval of Minutes January 10, 2011 Regular Planning Commission Meeting MOVED by Cera, seconded by Segelbaum and motion carried to approve the January 10, 2011 minutes as submitted. McCarty abstained from voting. 2. Informal Public Hearing — Property Rezonings— 5075 Wayzata Blvd and 1400, 1500 Highway 100 South from Commercial to Business and Professional Offices Applicant: City of Golden Valley Addresses: 5075 Wayzata Blvd and 1400, 1500 Highway 100 South Purpose: To bring the properties into conformance with the recently updated Comprehensive Plan Land Use Map Grimes explained that these properties are proposed to be rezoned in order to bring them into conformance with the General Land Use Plan Map that was adopted by the City Council as a part of the Comprehensive Plan Update in 2008. Grimes reminded the Commission that this hearing was tabled at their January 10, 2011 meeting because Duke Realty had some concerns about rezoning the properties. Since the January 10 Planning Commission meeting, staff has reviewed Duke's concerns about the future use of the properties with the City Attorney and is still recommending that the properties be rezoned to Business and Professional Offices. He explained that when the General Land Use Plan Map was adopted, the City was aware of Duke's plans for the area and that Duke currently has Preliminary PUD approval to construct a parking structure connected to office buildings (The office buildings are located on an adjacent parcel located in St. Louis Park) on these properties. He stated that the Planning Commissioners responsibility is to bring the Zoning Map into conformance with the General Land Use Plan Map. It is clear that the General Land Use Plan Map calls for this area to be designated for office use and the only zoning district consistent with that is the Business and Professional Offices zoning district. He stated that Duke's concerns would be best addressed by the City Council because they have given direction through the Comprehensive Plan as to Minutes of the Golden Valley Planning Commission February 14, 2011 Page 2 what they see is the best use for this property and what Duke is proposing is consistent with the Business and Professional Offices zoning district. Segelbaum asked if the impact to Duke's plans was contemplated when these properties were designated Business and Professional Offices in the Comprehensive Plan that was adopted in 2008. Grimes explained that office space is a permitted use in the Commercial zoning district so Duke's PUD plans were allowed to go forward. He noted that these properties and several other properties in the area have historically been used as office building space. He added that rezoning the properties to Business and Professional Offices is consistent with previous uses on the site and is still consistent with Duke's current proposed use for the properties. McCarty said even though designating the General Land Use Plan Map for office use was consistent at the time the Comprehensive Plan was adopted it seems like the City is limiting itself if the property is rezoned to Business and Professional Offices. Grimes said he agrees that the Business and Professional Offices zoning district is more restrictive. However, the direction of the Council was to guide these properties for office use due in part to the traffic concerns in the area and how retail versus office space would affect the properties. Schmidgall said it is his understanding that rezoning these properties to Business and Professional Offices would be unbeneficial to Duke because that zoning district won't allow a free-standing parking ramp but the Commercial zoning district will. Grimes agreed that is one of Duke's concerns. Cera asked if an office building with a restaurant or café would be allowed in the Business and Professional Offices zoning district. Grimes said yes and added that as part of a PUD they could also build restaurants or shops. Kluchka asked Grimes to address the uses allowed without a PUD. Grimes explained that the Business and Professional Offices zoning district allows limited retail services in a professional office building with a Conditional Use Permit. He added that these properties would be very difficult to develop without a PUD. Schmidgall said rezoning these properties to Business and Professional Offices feels restrictive. Waldhauser stated that there was a reason behind guiding these properties for office use when the Comprehensive Plan was adopted in 2008. She said she thinks the reasons are the concern about traffic issues and wanting to somewhat constrain retail use. She reiterated that the Planning Commission's job at this point is to bring the zoning into conformance with the Land Use plan, not to go back and revisit the Land Use Plan because the Comprehensive Plan has already been adopted. McCarty noted that the office market economy has changed since the Comprehensive Plan was adopted and he still feels like the City is restricting itself by rezoning these properties to Business and Professional Offices. Cera asked if these properties were rezoned to Business and Professional Offices if another developer could put a parking ramp there if Duke's PUD plans happen to fall through. Grimes said the only way a parking ramp could be built in the Business and Minutes of the Golden Valley Planning Commission February 14, 2011 Page 3 Professional Offices zoning district without a PUD is if it is accessory to a building on the same lot. Segelbaum questioned if by rezoning these properties the City will create a disadvantage for Duke. Pat Mascia, Senior Vice President of Minneapolis/St. Paul Operations for Duke, said in general they are not opposed to rezoning the properties and it is consistent with what they have proposed. He said in terms of potential future uses there is concern about the limited uses allowed in the Business and Professional Offices zoning district. He noted that in their preliminary entitlements there was a specific allowance for parking structures on these properties because the properties are zoned Commercial. He said he understands that procedurally he needs to discuss his concerns about the proposed rezoning with the City Council but he feels that in 2008 their plans were consistent with the Comprehensive Plan. He questioned if the Commercial zoning district is still consistent with their plans or if the Business and Professional Offices zoning district is more consistent. He added that they would like as much flexibility as possible, but at the same time he doesn't disagree that the Business and Professional Offices zoning district will be much more restrictive or have a negative impact on the their existing Preliminary PUD plan for the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Segelbaum said it is curious to him that the City is addressing this rezoning and a PUD approval at the same time. He suggested letting the PUD process play out then readdress the rezoning. Waldhauser said she doesn't think they have the option to wait. She added that she would not be in favor of waiting because leaving the property designated Commercial opens up the potential for several options that maybe weren't anticipated for this site. Cera said he is bothered by rezoning these properties because the City has a willing developer ready to build something here, He referred to the City Attorney's memo and asked if amending the Comprehensive Plan instead of rezoning the properties could be an option. Kluchka stated that the Council would have to direct the Planning Commission to review the Comprehensive Plan. He reiterated that it is the Planning Commission's responsibility to change the Zoning Map to match the Comprehensive Plan. McCarty agreed that the Planning Commission's role is not to vote on what the properties should be zoned, it is to make the Zoning Map compatible with the General Land Use Plan Map. MOVED by Kluchka, seconded by McCarty and vote split three to three to recommend approval of rezoning the properties at 5075 Wayzata Blvd and 1400, 1500 Highway 100 South from Commercial to Business and Professional Offices Commissioners Kluchka, McCarty and Waldhauser voted yes. Commissioners Cera, Schmidgall and Segelbaum voted no. --Short Recess- Minutes of the Golden Valley Planning Commission February 14, 2011 Page 4 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Grimes reminded the Planning Commission that the City Attorney will be attending the March 14, 2011 Planning Commission meeting to discuss various planning items. 4. Other Business No other business was discussed. 5. Adjournment The meeting was adjourned at 7:34 pm. Lester Eck, Secretary Police Civil Service Commission Meeting February 7, 2011 MINUTES Call to Order Attendance/Roll Call The meeting was called to order by Chair Tanick at 10:05 AM. Present at the meeting were Commissioners Marshall Tanick, Gloria Kumagai and Ben Peterson; and Police Chief Stacy Altonen, Commander Nate Gove, Commander Mike Meehan and Amanda Johnson. Agenda Review Commissioner Peterson wished to add "Review of Most Recent Past Disciplinary Action" after the "Recruitment/Selection Process Report" on the agenda. Approval of Minutes of July 22, 2010 Commissioner Kumagai moved to approve the July 22, 2010 minutes; seconded by Commissioner Peterson. The July 22, 2010 minutes were unanimously approved. Staffing Projections for 2011 Chief Altonen advised there is one vacant police officer position, which will not be filled in 2011 due to budget restraints, and one officer is in Phase 4 of the field training program. A hiring process is underway to fill two community service officer vacancies as a current CSO has been offered a police officer position with the City of Bloomington and another CSO is moving out of state. Police Officer Recruitment/Selection Process Report Chief Altonen advised Matt Boelter is in Phase 4 of the field training program and is doing well. Review of Most Recent Past Disciplinary Action Chief Altonen advised she received a letter from the Department of Public Safety-Driver and Vehicle Services advising of potential misuse of the DVS system. An investigation was conducted and ultimately discipline included suspension and a return-to-work agreement outlining specific terms that must be followed. Chief Altonen advised an officer was terminated in April 2010 following multiple performance issues, a failed fitness for duty exam and a subsequent DWI arrest. In lieu of arbitration, a settlement agreement was reached and the matter is closed and final. Commissioner Peterson inquired if police administration followed the Rules and Regulations of the commission with regards to the officer's discharge. He stated there was no involvement with the commission and inquired if there should have been. Police Civil Service Commission Meeting Minutes February 7, 2011 — Page 2 Chief Altonen advised the Rules and Regulations need to be revised as Data Practices prohibits the disclosure of confidential data. Chief Altonen stated information can be shared with commissioners at the conclusion of an investigation if discipline was warranted. Revised Rules & Regulations A strike-through version of proposed revisions to the commission's Rules & Regulations was distributed for review. Commissioner Peterson stated Section 14 is not compliant with city code and state statute and he recommended tabling the issue until the discrepancies could be researched further. Commissioners reviewed the proposed revisions, including revisions to Section 5 (Applications), Section 10 (Probationary Employee), Section 11 (Discharge), Section 15 (Layoff), Section 16 (Suspensions), Section 17 (Transfers, Reduction) and Section 28 (Position Descriptions). Commissioner Tanick recommended adding "(f) or any other reason that would indicate applicant as unsuitable" under Section 6 (Rejection of Applications). A meeting will be scheduled in the near future to discuss action on this item, to include a review of city code, state statutes and labor contracts. Chiefs Report Chief Altonen advised all 2010 department goals have been met. Traffic enforcement was up 90+% from 2008-2009 and up another 32% from 2009-2010. Part 1 Crimes were down 22% (the lowest in over a decade) and there was an increase in the number of arrests over 2009. A Citizen's Academy was held in 2010 and another one will be hosted in 2011. A new records management system will be rolled out in June 2011. Chief Altonen advised one officer will be deployed in February to serve a year in Kuwait. Another officer that had been deployed to Kuwait in the summer of 2010 is back from deployment, but is not yet back to work. A list of the department goals for 2011 was distributed. Commissioner Kumagai asked what the current crime patterns are in Golden Valley. Chief Altonen advised auto thefts and theft from autos were down from 2009 to 2010. In 2011 there has been an increase in underground garage break-ins and thefts/auto thefts. Election of Officers Per state law the commissioner in the last year of his/her term is the designated chair of the commission. Commissioner Kumagai nominated Commissioner Peterson as Chair; seconded by Chair Tanick. Commissioner Peterson was elected Chair for 2011 by consensus. Police Civil Service Commission Meeting Minutes February 7, 2011 — Page 3 Commissioner Kumagai nominated Commissioner Tanick as secretary; seconded by Commissioner Peterson. Commissioner Tanick was elected secretary for 2011 by consensus. Other Business Commissioner Tanick advised December 16, 2011 marks the 125th anniversary of the City of Golden Valley. A planning committee is putting together a time capsule and he asked police administration to consider a contribution to the capsule. Commissioner Tanick also recommended putting a historical police display together for public viewing at city hall or the police department. Chief Altonen advised a retro squad car is being considered for 2011 as well. Closing Comments Commissioner Tanick advised it has been a good year and he has enjoyed serving as chair. He stated he has enjoyed working with Commissioner Peterson in his first year on the commission and also thanked Chief Altonen for her helpfulness and cooperation. Adjournment Commissioner Kumagai moved to adjourn the meeting; seconded by Commissioner Peterson. The meeting was adjourned at 11:05 AM. Respectfully submitted, Marshall Tanick, Secretary Golden Valley Human Services Foundation (GVHSF) Meeting Minutes January 10, 2011 Present: Dan Blumb, Hilmer Erickson, Brenda Hayle, Diane Nimmer, Connie Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison. Not Present: Gloria Johnson, Brenda McGhie, Elissa Heilicher, Chris Monroe,and Steve Schumacher. Call to Order: Chairman Blumb called the meeting to order at 6:40 p.m. October 11 minutes: Erickson moved and Vodovoz seconded the motion to approve the minutes of October 11. The motion passed unanimously. Run the Valley: • T-shirt designs were reviewed and Lucy Feneis' design was selected with some modifications added. Fackler will notify the entrees of the selection and contact Feneis to modify the design. • Registrations have been taken for the race. A mass e-mail will be sent once the brochure with the new logo is finished. • Sponsorship letters will be sent this month. • McGhie will do publicity for the event. • Vodovoz will contact GV Lutheran Church and Boy Scouts about parking and will contact the agencies the GVHSF funds for volunteers for the event. • Quotes on the t-shirts will be sent to three companies. • List the GVHSF events on the back of the t-shirt • Flyer notifying apartment complexes about the race and limited use of the street during the race will be sent through the Police Dept. Taste of Golden Valley evaluation: • People and restaurants who attend the event, really like the event. • McGhie did a great job on publicity, the challenge is to get people to attend the event. • Ideas discussed: Buy 2 tickets, get one free; Buy one, get one half off; give tickets as prizes for golf tournament. • Facebook would be a great addition. • Look at facilities — approach GVCC and The Metropolitan for fees. • Change the event to a sit down dinner with 3-4 restaurants supplying the meal and have a program with several agencies making their "pitch"? Add a wine tasting? Add "benefit" to the name? • Bring ideas to the March meeting. Calendar Review: Members approved the calendar, deciding to not meet on February 14. Other Business: December Council meeting—Blumb presented the Allocations to the Council. The Council accepted the Allocation request unanimously and gave their thanks to the GVHSF members for their dedication to this Commission and their events. GV Community Foundation: No report. GV 125th Anniversary: Vodovoz has volunteered to be the GVHSF representative. Allianz: January 25 — McGhie, Nimmer/January 26 — McGhie, Sandler. Fackler will bring the display board and brochures for the table. Solicitation letter. Fackler will wait until information from the GV Community Foundation is finalized. Adjournment: Sandler moved to adjourn the meeting, Vodovoz seconded the motion. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison Bassett Creek Watershed Management Commission Minutes of the Meeting of February 17, 2011 1. Call to Order The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:33 a.m.,on Thursday,February 17,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert conducted roll call. Roll Call Crystal Commissioner Pauline Langsdorf,Secretary Administrator Geoff Nash Golden Valley Commissioner Linda Loomis,Chair Counsel Troy Gilchrist Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Commissioner Michael Welch,Vice Chair Recorder Amy Herbert Minnetonka Commissioner Bonnie Harper-Lore New Hope Alternate Commissioner Al Sarvi Plymouth Commissioner Ginny Black,Vice Chair Robbinsdale Absent St. Louis Park Commissioner Jim deLambert Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Bill Bleckwenn,McGhie&Betts Environmental Services,Inc. Pat Byrne,BCWMC Technical Advisory Committee,City of Minneapolis Jeannine Clancy,BCWMC Technical Advisory Committee,City of Golden Valley Jack Frost,Metropolitan Council Environmental Services Dave Hanson,Alternate Commissioner,City of Golden Valley Justin Klabo,SEH,Inc. Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Stuart Stockhaus,Alternate Commissioner,City of Crystal Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka Andrea Weber,Minneapolis Park and Recreation Board 2. Approval of Agenda and Consent Agenda Chair Loomis added an invoice to Agenda Item 4C—presentation of Invoices for Payment Approval.She said the invoice being added was an invoice from Kennedy&Graven for January legal services.She also added item 6i—Wirth Park improvements.Commissioner Black requested the removal of item 6G—Lost Lake Vegetative Management Plan and moved to approve the Agenda as amended and the Consent Agenda.Alternate Commissioner Langsdorf seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. 3. Citizen Input on Non-Agenda Items No citizen input on non-agenda items. 4. Administration A. Presentation of the January 20,2011,BCWMC meeting minutes.The January 20,2011,meeting minutes were approved under the Consent Agenda. B. Presentation of the Financial Statement.The February financial report was approved under the Consent Agenda. The general and construction account balances reported in the February 2011 Financial Report are as follows: Checking Account Balance 739,395.79 TOTAL GENERAL FUND BALANCE 739,395.79 Construction Account Cash Balance 1,633,170.98 Investment due 3/18/2014 1,010,687.50 Investment due 5/13/2015 508,918.39 Investment due 9/16/2015 512,059.83 TOTAL CONSTRUCTION ACCOUNT BALANCE 3,664,836.70 -Less:Reserved for CIP projects 4,997,579.11 Construction cash/investments available for projects (1,332,742.41) C. Presentation of Invoices for Payment Approval. Invoices: i. Barr Engineering Company—Engineering Services through January 28,2011 - invoice for the amount of$19,176.71. ii. Watershed Consulting,LLC—Geoff Nash Administrator Services through January 31,2011—invoice for the amount of$3,795.40. iii. Amy Herbert—January Recording Administrator Services-invoice for the amount of$4,466.41. iv. D'amico Catering—February Meeting Catering-invoice for the amount of $32032. v. Kennedy&Graven—Legal Services through January 31,201—invoice for the amount of$1,110.15. Commissioner Welch moved to approve payment of all five invoices.Commissioner Black seconded the motion.By call of roll the motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. D. Review BCWMC's Closed Account Policy.Commissioner Black moved to approve the policy with no amendments.Commissioner Langsdorf seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. E. Discuss Participation in the Metropolitan Council Environmental Service's 2011 CAMP (Citizen-Assisted Monitoring Program). Commissioner Black moved to approve the BCWMC's participation in the 2011 CAMP program for the seven sampling sites sponsored by the BCWMC in 2010 recognizing that it will depend on the ability to secure volunteer samplers for the sites. Commissioner deLambert seconded the motion.The Commission discussed the possibility of adding additional sampling sites if volunteers could be secured.Chair Loomis said the Commission could #24994 vl 2 BCWMC February 17,2011 Meeting Minutes consider additional sample sites if and when they are brought to the Commission.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote].Commissioner Black commented that it would be helpful to have a rough number of sample sites proposed for the 2012 CAMP program in time for the 2012 budget discussions. F. BCWMC Organizational Meeting.Chair Loomis called for nominations for the BCWMC officer positions of Chair,Vice Chair,Treasurer,and Secretary. Commissioner Langsdorf offered that she would likes to step down from the role of secretary.Commissioner Welch said that he would step down from the position of Treasurer if someone would like to take on the role.Commissioner deLambert volunteered to take on a board position.Commissioner Welch nominated Jim deLambert for secretary and the current Chair Linda Loomis,Vice Chair Ginny Black,and Treasurer Michael Welch to maintain their positions.Commissioner Black seconded the motion.Chair Loomis called for nominations three more times and hearing no other nominations she closed the nomination process. The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. Commissioner Black moved to appoint the BCWMC officers and the Education Committee Chair to the Budget Committee.Commissioner Welch seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. G. Potential BCWMC 2011 Watershed Tour.The Commission discussed holding a 2011 tour.The Commission considered inviting the public to join the tour at the tour stops.The Commission discussed touring the Wirth Lake Park area,the Main Stem stream restoration project at Briarwood in Golden Valley,the North Branch stream restoration project in the City of Crystal,and the West Medicine Lake Park Pond project.The Commission focused on holding the tour during the month of June and on a Saturday and that earlier in the month would likely work better than later in the month.The Commission directed the TAC to discuss the tour and to bring feedback to the Commission at its March meeting. H. Review the BCWMC's CIP Administrative Expenses.Administrator Nash explained the spreadsheet he created and handed out that was labeled CIP Project Administration Expenses Fiscal Year 2010.He said that in talking with the Commission Engineers it was determined that their expenses were not really administrative expenses but instead engineering expenses and so the CIP administrative expenses included Watershed Consulting's Administrator services and Kennedy and Graven's legal services on the CIP projects.The Commission discussed the additional expenses of preparing,copying and distributing feasibility reports and publishing public hearing notices. Administrator Nash commented that he thinks that there is administrative work done by the Commission Engineer and the Recording Administrator that is CIP administrative work and that the 2.5% is a reasonable amount for the Commission to be reimbursed for its CIP administrative expenses.Chair Loomis said it doesn't seem that there is a need for the Commission to take action to change its practice at this time.The Commission discussed the possibility of the Commission Engineer and the Recording Administrator adding more detail to their invoices to track CIP administrative costs and asked if modifications could be made.Commissioner Black suggested that staff track both the items that are clearly CIP administrative costs and the gray areas that aren't clearly CIP administrative expenses and that the Administrative Services Committee could discuss the data in the future. I. 2011 Engineering Budget.Ms.Chandler reviewed with the Commission the February 10,2011, memo from Barr Engineering detailing the 2011 engineering budget and the assumptions used to prepare the budget.Commissioner Welch moved to approve the 2011 engineering budget as described in the Barr Engineering memo.Commissioner Black seconded the motion. The Commission discussed its process for being notified when Commission work reaches its budget and approaches going over budget.Administrator Nash said that he will be working with the Commission Engineer to monitor the budget.Commissioner Welch remarked that the Commission hasn't always correlated its direction for work to budget lines and that the Commission should include that budget direction in Commission actions.Commissioner Black asked that the Commission #24994 vl 3 BCWMC February 17,2011 Meeting Minutes Engineer memos list the budget line being recommend for invoicing engineering work.Ms.Chandler suggested that the Commission review its budget status mid-way through its budget year.The Commission agreed. The motion carried with eight votes in favor[City of Robbinsdale absent from vote]. Commissioner Black moved to approve Barr Engineering conducting the WOMP support tasks as requested by the Metropolitan Council and the Minneapolis Park and Recreation Board and to assist the Administrator and the Recording Administrator with the preparation of the 2010 annual report. Commissioner Harper-Lore seconded the motion.The motion carried with eight votes in favor[City of Robbinsdale absent from vote]. 5. New Business A. 2011 Golden Valley Pavement Management Plan.Ms. Chandler pointed out the location of the project in the Sweeney Lake watershed in the City of Golden Valley.She explained that the project is before the Commission because it is a street reconstruction project greater than five acres.Ms. Chandler reported that the project comprises 6.23 acres of disturbed area in the watershed and that 1.2 miles of residential streets will be reconstructed.She explained that with some of the street and intersection narrowing that will occur there will be a decrease in impervious surface area by 0.46 acres leaving a total impervious surface area of the project of 3.02 acres.She said that the Commission Engineer recommends approval of the project with the conditions a through fin the February 10,2011,memo from Barr Engineering Company. Commissioner Welch commented that this project is tributary to an impaired water body for which the Commission has spent a fair amount of money trying to complete a TMDL.He continued by saying that the information in the Commission's meeting packet about this project didn't provide information on the project's phosphorus loading into Sweeney Lake.Ms.Chandler responded that the City hadn't provided that information to the Commission Engineer as the project is not required by the Commission to meet Level 1 treatment or nondegradation requirements.Mr.Oliver stated that virtually every foot of the area of the project drains to multiple storm water ponds before draining into Sweeney Lake.He said that the City always looks for opportunities in projects to provide water quality treatment but isn't required to run the numbers about which Commissioner Welch is asking. Commissioner Black asked if this discussion points out a policy that the Commission needs to review regarding linear projects.Commissioner Welch said that the Commission has agreed to be the categorical implementer for TMDLs but isn't getting the data on redevelopment projects regarding phosphorus loading implications. Commissioner Black asked if the data could be generated through calculations instead of by running models. Chair Loomis commented that perhaps the Commission could refer the issue to the TAC.Commissioner Hoshal remarked that he was in support of Commissioner Welch's comment and would like to see the TAC to take up the issue.Commissioner Hoshal added that the Commission should also be looking at curb and gutter practices and volume management. Ms.Clancy said that it takes cities years to develop projects like the pavement management projects and if the Commission is going to change its requirements then the cities would need to know as soon as possible.Commissioner Welch clarified for the record that he had just asked for the number related to the phosphorus loading into Sweeney Lake.Commissioner deLambert moved to approve the permit with the recommendations a—f in the Commission Engineer memo and to direct the TAC to review and discuss how to derive the number for the change in the phosphorus load in relation to the change in impervious surface area.Commissioner Hoshal seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. #24994 vi 4 BCWMC February 17,2011 Meeting Minutes B. Spring Snowmelt Runoff.Ms. Chandler reviewed the data in the February 9,2011,Barr Engineering memo.She summarized that the system should be in pretty good condition and should be able to handle the water content in the snow.She said that the cities of Plymouth and Medicine Lake may want to consider warning their residents around Medicine Lake that spring runoff is likely to cause high water levels in the lake. 6. Old Business A. Administrative Services Committee.Administrator Nash reported that the Commission received one response to its solicitation of letters of interest for legal services and eight responses to its solicitation of letters of interest for engineering and technical services.He said that the Administrative Services Committee met last week and recommended that the TAC review the letters from the engineering and technical service respondents.Commissioner Welch added that the Committee also recommended that the TAC weigh in on how the Commission handles its contracting process for engineering and technical services and whether the TAC recommends that the Commission make any changes,such as moving forward with the Committee's idea that the Commission go to a one-year contract with its Engineering contractor. Commissioner Black asked the TAC to also discuss how the Commission could put more competition into its process for obtaining engineering services in order to keep costs as low as possible.Commissioner Welch moved to approve the Commission contracting with Kennedy and Graven for two more years of legal services to the Commission.Commissioner Black seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. B. TAC Recommendations i. Capital Improvement Plan(CIP)Project Modification Recommendations. Administrator Nash said the discussion focused on the idea of what is meant by the Commission's definition of the trunk system.He said that the TAC discussed the idea of funding projects in a tiered manner instead of the current method of funding the project fully or not at all.Administrator Nash said that the TAC recommended that the Commission take the criteria that it currently uses to evaluate CIP projects and create a draft tiered system for funding CIP projects that would flesh out what is meant by the Commission's responsibility to the trunk system.He said that the TAC is requesting that the board direct the Administrator work with the Engineer to create the draft tiered system. Commissioner Welch commented that the eight broad categories of issues and policies in the BCWMC's Watershed Management Plan could be fleshed out and he volunteered to help and said that he would like more information on where the TAC sees the partial- funding project idea going.Ms.Clancy commented that she wanted feedback from the Commission on the tradeoffs that could result from partial funding of projects such as that some projects partially funded by the Commission would potentially be constructed later than what the Commission would want due to the cities limitations to raise stormwater fees for project funds. Commissioner Black suggested that the Commission wouldn't need to put the tiered system discussion on the TAC's agenda for the next currently scheduled six TAC meetings but that the Commission shouldn't let it drop off its table completely.Chair Loomis directed the Commission to add the issue to its next generation planning process. Commissioner Black asked what the Commission would want to do regarding fleshing out the criteria.Ms.Chandler said that she thought the criteria could be tackled separately from the tiered system.Chair Loomis asked if staff had enough direction to move forward #24994 vl 5 BCWMC February 17,2011 Meeting Minutes and staff indicated they did. il. TAC-BCWMC Liaisons for March 3rd,April 7th,and May 5th TAC Meetings. Commissioner Hoshal volunteered to be the liaison for the March 3rd meeting, Commissioner Welch volunteered for the April 7th meeting,and Commissioner Harper- Lore volunteered for the May 5th meeting. C. Discuss and Order Feasibility Reports for: i. Wirth Lake Outlet Project.Ms.Chandler discussed the project and explained that it would modify the Wirth Lake Outlet structure to prevent flow from the creek to the lake during flood periods.She reported that the estimated project cost is$250,000 and that BWSR has awarded a$75,000 grant for the project.She said that the estimated cost to prepare the feasibility report is$7,890.Commissioner Black asked if the$7,890 will come out of the BCWMC's construction fund and Ms.Chandler said yes.Commissioner Harper-Lore moved to approve ordering the preparation of the feasibility report by Barr Engineering. Commissioner Langsdorf seconded the motion. - Commissioner Welch commented that there is an adjustable outlet weir on Lake Nokomis and he urged staff to look at that weir and to avoid using that model because it has not worked.Commissioner Welch also recommended that the Administrator draft a Commission policy on bidding out for future engineering studies.Commissioner Black supported Commissioner Welch's recommendation.The Commission agreed.The motion carried with eight votes in favor[City of Robbinsdale absent from vote]. ii. Main Stem Channel Restoration Project.Ms.Chandler said that this project has a high likelihood of running into contaminated soils so the project likely will need to undertake a Phase 1 and possibly a Phase 2 environmental assessment.She said that Barr Engineering estimated$30,000 for the environmental assessment task out of the estimated$53,545 cost of the feasibility report preparation.She noted that this project was not included in the BCWMC's Resource Management Plan(RMP)because the RMP included only projects on the Commission's CIP through 2016 and this restoration project had been slated for 2017 until last month when the Commission moved up the project timeline.She said that the Commission Engineer believes that the same process would be followed for this project as for the projects included in the RMP,meaning the project would undergo a cultural resource review,wetland delineations,wetland impacts reviews,and wetland functional assessments. Ms. Chandler explained that typically Barr Engineering submits a draft feasibility report to the engineering staff of the cities involved in the projects for comments about a week before the draft is sent to the Commission and she wondered if the Commission would also like to see that preliminary draft.Commissioner Welch said that he would like to see it. Commissioner Welch encouraged staff to look at bioretention and vegetated bank restoration issues for the project during the feasibility report process.He also said that he has gotten questions from citizens about sedimentation in the creek in this reach and he wondered if it is something that should be addressed in the feasibility report or if it is not in the scope.Commissioner Black asked if Commissioner Welch was asking for it to be included in the study.Commissioner Welch said he thinks the issue is outside of the scope of the feasibility study but he thinks that the study may bring the topic out into the open. Commissioner Welch moved to approve the preparation of the feasibility study by Barr Engineering. Commissioner Black seconded the motion.The motion carried unanimously, with eight votes in favor[City of Robbinsdale absent from vote]. #24994 vl 6 BCWMC February 17,2011 Meeting Minutes iii. Schaper Park Project.Ms.Chandler explained that one of the possible projects identified in the Sweeney Lake TMDL implementation plan was making modifications to Schaper Park pond to improve the phosphorus removal of the pond through options such as enlarging the pond,dredging the pond,and installing a filtration barrier.She stated that the proposed feasibility report would determine if there are some improvements that can be made to Schaper Pond to reduce the phosphorus loading to Sweeney Lake and would recommend the most cost effective option. Commissioner Black moved to approve the preparation of the feasibility report on Schaper Pond. Commissioner Harper-Lore seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. D. Discuss and Order Cooperative Agreements for Wirth Lake Outlet Modification Project, Sweeney Lake Outlet Project,and Main Stem Channel Restoration Project.Commissioner Welch moved to have counsel work with the appropriate entities to draft the cooperative agreements for these projects for the Commission's review and approval. Conunissioner Black seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. E. BCWMC's CIP: i. Watershed Management Plan Amendment Recommendations and Timeline.Ms. Chandler discussed the memo that was included in the meeting packet and that describes the Main Stem channel restoration and the Wirth Lake Outlet projects,which will be part of the Commission's major plan amendment request.She noted that a revised memo was handed out that includes the option of the Commission adding Lakeview Park Pond to this major plan amendment request.She explained that the Commission approved adding the Lakeview Park Pond project to the CIP for 2013 and that since there is a feasibility report and a cost estimate for the project,the Commission could include this project on this year's major plan amendment without much additional preparation.She pointed out that the Commission wouldn't levy for the project this year.Ms.Chandler said that the Commission would be looking for Hennepin County to approve the major plan amendment at its August tad meeting. Commissioner Welch moved to authorize staff to prepare the major plan amendment including the Wirth Lake Outlet modification project,the Main Stem Restoration project, and the Lakeview Park Pond project and to provide the public notices for the public hearings per statute and to attend the public hearing if necessary as requested by Hennepin County and with advance notice to the Commission and to add the Minneapolis Park and Recreation Board to the list of parties being sent the major plan amendment request.Commissioner Black seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. ii. Funding the Proposed 2012 CIP Projects.Ms.Chandler said that the status of the CIP was reviewed to analyze what the Commission would have in its CIP Reserve.She walked the Commission through the tables about the Commission's available CIP funds available and the Commissions CIP funding needs as listed in the Barr Engineering memo from February 9,2011.She summarized that the Commission would need$900,000 for the 2012 CIP projects and that the Commission has approximately$585,000 in its CIP reserve account.She noted that if the Commission wants to keep its historical balance of approximately$300,000 in its CIP reserve account then it has about$285,000 to use toward the 2012 CIP projects.Ms.Chandler reminded the Commission that it will have $75,000 coming in from the Minnesota Board of Water and Soil Resources for the Clean Water Legacy grant for the Wirth Lake Outlet structure modification project.She explained that tabulating all those numbers leaves the Commission with an estimated 2012 #24994 vi 7 BCWMC February 17,2011 Meeting Minutes levy of approximately$540,000 for the Main Stem channel restoration project,the Wirth Lake Outlet structure modification project,and the Schaper Park feasibility study as part of the Sweeney Lake TMDL implementation plan. F. Work Plan for Wirth Lake Outlet Modification CWL Grant Project.Administrator Nash reported that he is working on the plan in eLink,He said that the Commission will need to execute a contract for the grant with BWSR and asked if the Commission would authorize the Chair to sign the contract.Commissioner Black moved to approve authorization of the Chair to sign the contract between the Commission and BWSR for the grant.Commissioner deLambert seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. G. Lost Lake Vegetative Management Plan.Commissioner Black requested that the item be removed from the agenda and the Commission approved the request under Agenda item 2,approval of the agenda. H. Education Committee. i. Commissioner Langsdorf reported that the West Metro Water Alliance(WMWA) workshops begin March 23rd and that she would like the e-mail announcement that was sent to the Commission also go out to the member-cities advisory committees.She requested that the commissioners forward the e-mail to their city's managers. ii. Commissioner Langsdorf said that information will be coming out soon on how to register for the WMWA workshops. iii. Commissioner Langsdorf announced that the Metro Blooms rain garden workshops will be coming soon and that more information on the workshops are in the Education Committee meeting minutes in the Commission's meeting packet. iv. Commissioner Langsdorf reported that the draft Education and Outreach Plan was completed by the Committee and submitted to Administrator Nash. v. Commissioner Langsdorf stated that the Plymouth Yard and Garden Expo will be held on April 8—9th and the Zachary Lane Environmental Quality Fair will be held on May 12th. vi. Commissioner Langsdorf announced that she is stepping down as the Chair of the Education Committee effective today and that a new Chair is needed. I. Wirth Lake Park Improvements.Ms.Chandler said that the Commission discussed and conditionally approved improvements to the park at last month's meeting but since that time there have been some significant changes.She said that one change is that the treatment pond that was proposed for treating runoff from Highway 55 has been eliminated from the project.Ms. Chandler reported that another change is that four sump manholes that were proposed have been removed from the project.She said the remaining BMPs in the project include one bioretention basin,one sump manhole,and pervious pavers in the parking area.Ms.Chandler said that the Commission Engineer reviewed the project considering that the project would disturb 3.7 acres, requiring the project to meet non-degradation requirements meaning that the amount of phosphorous coming off of the site cannot increase from the amount currently coming off of the site. Ms.Weber of the Minneapolis Park and Recreation Board addressed some questions about asphalt paths planned for the park.Ms.Chandler said that the project will be meeting the nondegradation requirements and that the Commission Engineer recommends conditional approval with the five conditions listed in the February 15,2011,version of the memo by Barr Engineering Company. Commissioner Welch moved approval of the project with the Commission Engineer conditions #24994 vl 8 BCWMC February 17,2011 Meeting Minutes listed in the February 15,2011,memo.Commissioner Black seconded the motion.The motion carried unanimously with eight votes in favor[City of Robbinsdale absent from vote]. 7. Communications A. Chair: i. Chair Loomis announced that Stu Stockhaus has resigned as the alternate commissioner of Crystal but is willing to serve until June unless a replacement is found earlier. ii. Chair Loomis reported that the cities of Medicine Lake and Minneapolis still need to pay their assessment to the BCWMC. B. Administrator: i. Administrator Nash announced that he met with representatives of the Department of Natural Resources,Lower Minnesota River Watershed District,Nine Mile Creek Watershed District, and Minnehaha Creek Watershed District to discuss ground water monitoring across Hennepin County.He said that the DNR is seeking a partner to take over this responsibility. ii. Administrator Nash reported that he has scheduled a meeting with Joel Settles of Hennepin County to talk about ground water protection planning to try to get the County involved in writing a ground water protection plan.He said that he has been attending these ground water meetings in his role as a Nine Mile Creek representative. iii. Administrator Nash said that the Medicine Lake TMDL has been formally approved by the U.S.Environmental Protection Agency effective February 8,2011. iv. Administrator Nash said he updated Hennepin County Environmental Services on its request for details on funding for the two stream bank restoration projects because the County is going to be briefing the state Legislature.He said that Joel Settles recommended that the Commission write letters to their Hennepin County Commissioners extolling the good works being done by the Clean Water Legacy grant funding.The Commission directed Administrator Nash to draft a letter to the Hennepin County Commissioners and to send it to the public works director of the BCWMC member cities and request that they send a similar letter to their County Commissioner. v. Administrator Nash mentioned that he forwarded a proposed SEC ruling to Kennedy and Graven and that he had received it from Springsted,Inc.Mr.Gilchrist said the proposed ruling derived from the Frank Dodd Act regarding municipal advisors needing to be registered with the SEC.He said that he doesn't interpret the proposed ruling as that the Commission members would need to be registered. C. Commissioners: i. Commissioner Welch announced that he is passing around the Mississippi Watershed Management Organization newsletter discussing the Nature of Water DVD that is produced in multiple languages. ii. Commissioner Welch discussed the handout that summarizes BWSR's direction with the 8410 rules revision and he encouraged the Commission to look at the summary. D. Committees:No Communications. #24994 vl 9 BCWMC February 17,2011 Meeting Minutes E. Counsel:No Communications. F. Engineer:Ms.Chandler announced that the next 8410 Rules Revision Committee meeting will be held next Friday. 8. Adjournment Mayor Loomis adjourned the meeting at 3:02 p.m. Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim deLambert,Secretary Date #24994 vl 1 0 BCWMC February 17,2011 Meeting Minutes City oGo e n Va!!e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. E. 1. Authorize Lease Amendment and Award Contract for the Golden Valley Little League Ball Field Project Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary At its March 16, 2010 meeting, the City Council passed a resolution of support for accepting a $400,000 grant through the Hennepin County Youth Sports Program, on behalf of the Minnesota Amateur Sports Commission, to construct additional ball fields at the Honeywell Area Ball Field site at 7101 Sandburg Road. In addition to the Hennepin County grant, the Golden Valley Little League (GVLL) has committed to provide funding in the amount of$67,500 for the costs associated with making the improvements. The GVLL is currently performing fund raising efforts to fund their portion of the improvements. They are also seeking additional funding through grant acquisition. The Bassett Creek Watershed Management Commission requires that any new development that disturbs over 0.5 acre must comply with water quality policies. Therefore, a water quality feature will be constructed on this project at an estimated cost of$25,000 that is included in the bids for the project. This feature was not included in the cost estimate prepared by the GVLL for the project. Therefore, staff is recommending that the Council consider financing the water quality feature out of the City's Storm Sewer Utility Fund (2011-12 Adopted Biennial Budget, page 94). Funding Summary Hennepin County Youth Sports Program Grant $400,000 Golden Valley Little League $ 67,500 Storm Water Utility Fund $ 25,000 Total $492,500 The City currently has an agreement with Anderson-Johnson Associates, Inc. to provide professional services for design and construction observation in the amount of$76,700 leaving approximately $415,800 for construction of the project and unanticipated miscellaneous expenses. The City received 11 bids for the construction of the Golden Valley Little League Ball Fields Project 10-25. Proposals included a base bid for construction of two additional fields at the site along with three alternate bid items for irrigation of the existing ball field, batting cages and infield drain tile. The base bids plus Alternate Bid One are listed as follows: MN Dirt Works, Inc. $381,089.76 Freidges Landscaping, Inc. $436,550.00 Cobalt Excavating, Inc. $451,000.00 Fehn Companies $453,399.00 Fitol-Hintz Construction $458,800.00 Burski Excavating, Inc. $470,200.00 Max Steininger, Inc. $479,315.00 Sunram Construction, Inc. $482,350.00 Peterson Companies, Inc. $513,650.00 Veit, Inc. $525,377.45 Frattalone Companies, Inc. $540,780.00 Engineer's Construction Cost Estimate $362,400.00 Staff recommends awarding a contract for the base bid plus Alternate Bid One (irrigation of the existing field) at this time to leave some additional funding for unanticipated construction conditions. Staff will monitor the GVLL's fundraising efforts and may revisit addition of additional project alternates at such time as funding becomes available. The City currently also has a lease agreement with the Golden Valley Little League that provides for the use of the existing ball field at the site. However, due to the proposed expansion of the fields, staff has developed a new amended lease agreement for the funding, maintenance, and use of the site by the Golden Valley Little League to better define the responsibilities of each party. The agreement is attached for Council consideration. Attachments Location map (1 page) Amendment to Lease Agreement (13 pages) Letter from Golden Valley Little League, dated March 24, 2011, indicating agreement with construction in accordance to the plans developed by Anderson-Johnson Associates, Inc. (1 page) Recommended Actions 1. Motion to authorize the Amendment to Lease Agreement with the Golden Valley Little League, Inc. 2. 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I I ST 1-1---- I IN: 1 1 II 1 I 1 1 13Avi 3/18/11 AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement(the"Amendment"),effective as of the day of ,2011 (the"Effective Date"),is entered into by and between the City of Golden Valley,a Minnesota municipal corporation,with offices at 7800 Golden Valley Road, Golden Valley,Minnesota(the"City")and Golden Valley Little League,Inc.,a Minnesota nonprofit corporation,having a mailing address of 200 Brookview Parkway,Golden Valley, Minnesota(the"GULL")(the City and the GVLL may be referred to herein as a"Party"or collectively as the"Parties"). Background 1. The GVLL is presently leasing City-owned property located at 7101 Sandburg Road, Golden Valley,Minnesota,("Project Site")for use as baseball fields pursuant to a lease agreement between the Parties dated February 23,2001 (the"Existing Lease • Agreement").The Project Site is depicted on Exhibit A to this Amendment. 2. The City is empowered under Minnesota Statutes,Sections 471.15-471.19 to expend funds for the capital costs,operation,and maintenance of recreational facilities and athletic fields,and to cooperate with any nonprofit organization in such conduct and in any manner in which they may mutually agree. 3. The Parties have determined that it is mutually beneficial to make certain improvements to the Project Site(the"Project"),and cooperate with respect to the financing,construction,maintenance,managing and supervision of the Project. 4. The Parties wish to enter into this Amendment to the Existing Lease Agreement that incorporates terms and conditions related to the Project and Project Site. NOW,THEREFORE,in consideration of the mutual promises,benefits and obligations contained herein,the Parties agree as follows: 1. Project The respective obligations of the City and the GVLL for the Project and ongoing maintenance of the Project Site are as set forth in Exhibit B,attached to this Amendment 2. Lease All of the terms of the Existing Lease Agreement shall remain in full force and effect unless specifically and explicitly amended by this Amendment In the event of any conflicts between the terms and conditions of the Existing Lease Agreement and the terms and conditions of this Amendment,the terms and conditions of this Amendment shall prevail. Capitalized terms not otherwise defined in this Amendment shall have the meaning given them in the Existing Lease Agreement t;•1AnraanraninU nidan Vall av I MIA I aaniiM(V1 i Ralifi alri Annaamant 7441 we dnnY 3/18/11 3. Commencement of Project The Parties understand that no construction work shall begin on the Project until this Amendment is fully executed by the Parties and the funding is in place for the Project. 4. Termination of Project The Project may be terminated by either Party by giving at least one year's prior written notice to the other,unless the Parties mutually agree in writing to a shorter notice.The termination date must be provided in the written notice and may only be a date that falls either before or after an upcoming Little League season,but not during any Little League season. lithe City terminates the Project or the Existing Lease prior to completion of the construction on the Project Site,the City shall not be required to reimburse the GVLL for any of the costs of construction on the Project Site. 5. Supervision/Insurance/indemnity The GVLL agrees to carry policies of liability insurance in at least the following amounts, types and coverage: General Liability Insurance: A. Minimum Limits of Liability: $1,500,000—Per Occurrence $3,000,000—Annual Aggregate B. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual X City of Golden Valley named as Additional Insured The policies of insurance shall indemnify the City and all of its officers,agents,consultants and employees,from all property or personal injury or other claims related to the use of the Project Site and Premises by the GVLL and those under its supervision. Upon request by the City,but no more than once annually,the amounts and coverages listed above must be adjusted to conform with current risks and liability exposure for the City. 6. Memorandum of this Agreement Either Party shall have the right to require the other Party to this Agreement to execute a Memorandum of this Amendment which is in recordable form and such Party shall have the right to file such Memorandum,at its on expense,in the appropriate Hennepin County land recorder's office. [signature pages follow] G:\Agreements1Golden Valley Little League\(3VLL Belifleld Agreement 24-11 ver2.docac • 3/18/11 IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the Effective Date written above. City of Golden Valley By: Its: Thomas D.Burt, City Manager By: Its: Linda R Loomis,Mayor STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2011,by and ,the City Manager and Mayor of the City of Golden Valley,a Minnesota municipal corporation,on behalf of the corporation Notary Public G:■Agreements\Golden Valley Little League\GVLL Batlfield Agreement 2-4-11 ver2.doc x 3/18/11 Golden Valley Little League,Inc. By. .� Its: President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The kregoing instrument was acknowledged before me this 0)5 day of Aez rdt. , 20 1,by refer ,6irl la i d ,the President of the Golden Valley Little League,a Minnesota/Jbi pro t t ,on behalf of the corporation. tiatti_e A 447 Notary Public A Tax Statements for the real property r,} ` es grogaulce erplapare.31,2415 $ described in this instrument should be sent to(include name and address of Grantee) THIS INSTRUMENT WAS DRAFTED BY: City of Golden Valley G:AgreemantssGolden Valley Little League\GVLL BalUteld Agreement 2-4-11 ver2.doar ..../-'q • • „,/ 1. -....,1 • , • - 1 -7 t . . 4 1 IrL)+1- - Prfv+VW• ' 1 i i I:7. —±Cria...-. ',ff. - '"Zaz 7 r; I- - • i- i. , ! ' -:'-i ' 1 . .. .5.4... w- ok ] U: ai . --1---F 1 . , • 1 H ... 1—. ...__L.4. 1 ;,..i d .9 - • .„.____. . ,,. 7, 1 I 1 , 1 rEd I 14 ii,.11.0 arfluia , E 1 i , t.' gr- ._ 1 • / C.) UJ I _ tr. / / ) - 0 4/ . .J <L IX i . -7 0 0 y5/ i --, / -.41 . -11 id i/' 7/ UJ I ' , pc/ i ..,..,/, r — 1 •. r -7-Aiff ks / .„. , r.„) .>.\.7\A— /If . ' • ----• ' ' "-- it,' s' -././ ' I •,.L. , . 2, ..._Il UJ CD . ..... 1 .. ..„ ......,,, ,......., , ! , ) . ,,,, .. : • It : w, ,- ... . ..,, ,. • . L-1 I L____,, , . •_, L_...... , ., _..., 1,,, ,.,.3.4w voyrviti ------7 ;---- ,j - U.-1 - • , in: , I 1 , . ,1 ... .. * ' ' ,..-^""*. .r" ..."<"" .r• '; 41.5 -. 0 u- • . 1 .....„ „.... ...., ..,-- --7. . . u , 1- a*------- ■ , 1:"1 1 , , 7- 4.4%, III + _iv, [„....-:___-_ 1w 1 ! i I • ell ... i I L 12 1 , r • • r. i I ' l — li i NI II If1111134, 1 . .. 3/18/11 Exhibit B Obligations of the Parties The City agrees to co the following with respect to the Project and Project Site: A. (1)With funding from the Hennepin County Amateur Youth Sports Program and the GVLL, with the aid of its consultants, prepare plans and specifications to construct baseball fields on the Project Site suitable for use by the GVLL with all necessary appurtenances in accordance with the approved plan (the"Project Plan°). (2)With funding from the Hennepin County Amateur Youth Sports Program and the GVLL, solicit bids and manage construction on the Project Site in conformance with the Project Plan. B. At its sole cost, be responsible for the ongoing operation and management of all City-coordinated programs held at the Project Site. C. At its sole cost, maintain the turf on the Project Site, including fertilization, watering, mowing in accordance with normal City procedures. D. At its sole cost, maintain aglime infield areas. E. At its sole cost, maintain all field and batting cage fencing and gates including dugouts and bull pens. F. At Its sole cost, collect trash in containers placed in accordance with normal City procedures. G. At its sole cost, maintain all bituminous trails and walkways, concrete pads for sanitary-facilities and irrigation systems. H. At its sole cost, paint foul lines in turf areas in accordance with normal City procedures. I. At its sole cost, be responsible for winterizing existing buildings located on the Project Site. The GVLL agrees to do the following with respect to the Project and Proiect Site: A. Have its representative review the Project Plan and indicate its approval in writing before the City awards a contract for construction of the Project. ©:1Agreements1Golden Valley Little League\CGVLL Batlfeld Agreement 2-4-11 ver2.docx 3/18/11 B. Refrain from altering the Project Site in any fashion which will render the Project Site or any appurtenances unusable or significantly less usable for City purposes, unless the Parties have previously agreed in writing to such alteration. C. At its sole cost, be responsible for all maintenance of the aglime areas on the Project Site except the infield areas. D. At its sole cost, perform spring season maintenance, including, but not limited to, all raking of ball field areas inside fence lines and collection of debris. E. At its sole cost, maintain the existing buildings in accordance with the City's property maintenance codes. F. At its sole cost, provide maintenance on all equipment for use in the concession stand. G. At its sole cost, maintain all lighting facilities on the Project Site. H. At its sole cost, maintain all batting cage netting and cabling. I. At its sole cost, place and maintain all foul lines and other necessary lines used to establish play areas placed on aglime surfaces. G:1AgreementMolden Valley Little League\GVLL Bnittleld Agreement 2-4-11 ver2.de= 3/18/11 Exhibit C Existing Lease Agreement G:IAgreemanis\Golden Valley Little League\GVLL Ballfield Agreement 2-4-11 ver2.docac LEASE AGREEMENT THIS LEASE,made and entered into thins day of JLitivi7 ,2001 between City of Golden Valley,a Minnesota municipal corporation,having an office at 7800 Golden Valley Road, Golden Valley,Minnesota(hereinafter called"Lessor"),and Golden Valley Little League,Inc.,a Minnesota corporation,having a mailing address of 200 Brookview Parkway, Golden Valley, Minnesota(hereinafter called"Lessee"). WITNESSETH,that Lessor,in consideration of the covenants of Lessee herein contained, hereby leases and lets to Lessee the land in the City of Golden Valley,County of Hennepin,State of Minnesota,described as follows,to-wit: The North 400 feet of Lot 1,Block 1,Honeywell Golden Valley Addition, for a term of twenty(20)years from the first day of 01,1 f ,2001,to and including the IsL, day of Pt ff 1 ,20.1-) for the sum of ONE DOLLAR($1,00)payable in advance. Lessee,in consideration of the covenants of Lessor herein contained,covenants with Lessor as follows: 1. Use of Premises. Lessee will use the Premises only as a baseball field in conjunction with its Little League program;will maintain the Premises in an orderly,clean and sanitary condition; will not permit any things to be done in violation of the regulations,ordinances and laws applicable thereto;and will not commit or suffer any waste thereon. 2. Entry by Lessor. Lessee will allow Lessor to enter upon the Premises at any time to inspect same. 3. Assignment and Subletting. Lessee will not assign this Lease nor sublet all or any part of the Premises. • 4. Indemnity and Hold Harmless. Lessee will indemnify and hold Lessor harmless from any liability,loss and expenses(including attorney's fees)which may be incurred by,or imposed upon, Lessor by reason of claims for damages because of bodily injury,including death,or injury to or destruction of property arising or growing out of,or resulting or occurring in connection with any act or omission to act,occurring upon,in or about the Premises. 5. Insurance. Lessee will carry and pay for public liability insurance with bodily injury limits of$750,000.00 per person and property damage limits of$100,000.00 per accident,covering the liability contracted for in paragraph 4. The Lessee represents it is additionally insured by a national umbrella policy with a limit of$1,000,000.00 per accident. The Lessee further agrees to furnish certificates of the above insurance to the Lessor naming Lessor as an additional insured,not later than ten(10)days after execution of this Lease,and will provide Lessor with written notice ten(10)days prior to cancellation of the policy or any material change in the coverage provided. 6. Lights. Lessee has installed lights(the"Lights")at the Premises and agrees to the following: (a) Upon Lease expiration,including,but not limited to,termination pursuant to paragraph 8 of the Lease,upon the request of Lessor,Lessee shall,at Lessee's sole cost and expense,return the Premises to the condition it was in at the commencement of this Lease. (b) The Lights shall be separately metered, at Lessee's sole cost and expense, and Lessee shall pay,in a timely fashion,any and all electricity or other utility bills associated with the Lights. 7. Abandonment or Default. In case Lessee shall vacate or abandon the Premises or default in any of the covenants herein contained,Lessee hereby authorizes and empowers Lessor,at its option,to cancel and terminate this Lease and immediately take possession of the Premises,and that upon termination of this Lease,whether by expiration of the term or otherwise,Lessee will quietly surrender the Premises to Lessor. 8. Cancellation. (a) Lessor shall also have the right to cancel this Lease at any time by giving six (6)months prior written notice of cancellation. (b) Lessee shall have the right to cancel this Lease at any time by giving Lessor at least thirty(30)clays prior written notice of cancellation. 2 9. Surrender. At the expiration of the term of this Lease or upon cancellation pursuant to paragraph 8(a),Lessee shall be authorized,after written approval by the City,to remove all fixture and improvements it has made to the Premises during the term of this Lease,provided Lessee returns the Premises to the condition it was in at the commencement of this Lease. 10. Notices. Wherever in this Lease it shall be required or permitted that notice be given by either party to this Lease to the other,such notice shall not be deemed to have been given unless in writing and forwarded by mail as follows: To the Lessee at: Golden Valley Little League 200 Brookview Parkway Minneapolis,Minnesota 55426 To the Lessor at: City of Golden Valley Golden Valley Park and Recreation Director 200 Brookview Parkway Golden Valley,Minnesota 55426 11. Leasehold Improvements. Leasehold improvements may be made with prior Written consent of the City and must meet all applicable City Codes. All specifications and Plans for improvements must be submitted to the City for said written approval. Lessee shall pay all costs and expenses of installation and maintenance of any and all improvements to the property. All improvements,hereto or hereafter made to the property,will remain with the property,at no cost to the City,when the Lease is terminated,unless the City has given written consent to Lessee to remove them. All the provisions of this Lease are to be construed as covenants and agreements and shall bind and inure to the benefit of the parties hereto,their respective heirs,legal representatives,successors and permitted assigns. 3 IN WITNESS WHEREOF,Lessor and Lessee have hereunto set their hands and have caused this Lease to be executed as of the day and year first above written. City of Golden Valley I A By A , . ,%. /.,.0 Its Ci ' Manager 4 .- f By �� t� f•A./r.4.0 Its Mayor STATE OF OTA 1� COUNTY OF J SS Th foregoing instrument was akkno le ged before me this • day of i 'e!Mier") ,2001 by !Atli tt bI.S3O4hl3 and Ma f L Iod fSoyl the aria i, �<% and The of the City of Golen Valley,a Minnesota municipal dorporation,on behalf of the co p rat on,G`. tor. ! l l lei 4 W .1 . ITN edc ALLSY 0TA A o ; Public f My Comnisdan Wes 11131,2005 • lden ley Mttle League,Inc. By �c Its esi,/ems,-/ STATE OF ESOTA l COUNTY O J` ss 0 /) The foregoing instrument was acknowledged before me this . day of- i9.. r IL ,2001 by 1h07 /tiemr n a•mode the /6'/P.s,dt:.nf of the Golden Valley Little League,a Minnesot on behalf of the corporation.0 1✓_- -< .-.:c_-, c r j •'�; '.. SHEILA MICHELLE ELUOTT i' / NOTARYPUBLIC-MINNESOTA r ? ill .f: a. ./ L MV ExpliesJan.31,2005 Not; Public THIS INSTR r T '-AS *' -``-- Ali : r: Tae Statements for the real property described in thi Best&Flanagan LLP(*) Instrument should be sent to(include name and address of 4000 U.S.Bank Place Grantee): 601 Second Avenue South Minneapolis,MN 55402-4331 (612)339-7121 4 "•a�?Glz�,!t C�a ,, Yq/1iy Li e.C�yue, 3lc Serving Golden Valley Youth for Over 50 rears March 24,2011 Mayor Linda Loomis City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Mayor Loomis, This letter is document Golden Valley Little League's approval for the plan developed by AT Anderson and Associates to build to baseball fields at Honeywell Park. We also approve the Golden Valley City Council to move forward and award the contract for the project. Sincerely, (PAW3 Peter Birkeland President Golden Valley Little League 7759 Olympia St. Golden Valley MN 55427 Cit G P' e ,,, flora (' fil U an oe n Vail C Public Works 763493 4030/763493 3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. F. Master Agreements for 2011 PMP Sanitary Sewer Repair Program Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitch Hoeft, EIT, Engineer Summary The City of Golden Valley Pavement Management Program (PMP) includes a voluntary program to allow residents in the project area to rehabilitate their sanitary sewer service, with the goal of becoming compliant with the Inflow and Infiltration Ordinance. This program allows property owners to obtain competitive bids from pre-approved contractors, and gives the property owners the opportunity to have the costs of sewer rehabilitation specially assessed against the property if they choose. The prequalification process for private sewer service repair contractors included the ability to perform excavation and/or liner repairs, the contractor's history of performing service repairs in Golden Valley, the availability of equipment, and financial resources. Based upon the criteria, five private sanitary sewer service repair contractors have qualified for this program, including: • Gene's Water and Sewer • Highview Plumbing • Minneapolis Suburban Sewer and Water • Ouverson Sewer and Water • Wruck Excavating Each of these contractors is required to enter into a Master Agreement with the City of Golden Valley to perform private repairs as part of the PMP program. The contractors will be responsible for contacting each of the residents in the PMP who are interested in having their repair costs specially assessed, and providing them with estimates for the repair. When property owners have selected a contractor for their repairs, a three-way agreement between the City, property owner, and private contractor is signed by all parties. Following completion of the repairs, the property owner may opt to have the costs specially assessed to the property. Attachments Master Agreements for Sanitary Sewer Service Repair between the City of Golden Valley and Gene's Water & Sewer, Highview Plumbing, Minneapolis Suburban Sewer &Water, Ouverson Sewer&Water, and Wruck Excavating (20 pages) Sample agreement between the homeowner, City, and contractor for 2011 sanitary sewer repair (2 pages). Recommended Action Motion to authorize entering into Master Agreements for the 2011 PMP Sanitary Sewer Repair Program with the following companies: 1. Gene's Water and Sewer 2. Highview Plumbing 3. Minneapolis Suburban Sewer and Water 4. Ouverson Sewer and Water 5. Wruck Excavating CONTRACT NO. 11-11A MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND GENES WATER&SEWER SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT(the"Agreement") is made this—day of , 2011, by and between the City of Golden Valley, a municipal corporation ("City"), and Gene's Water&Sewer("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration (1 & I") program along with its Pavement Management Program each year; WHEREAS, in 2011 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of Glenwood Avenue, West of Highway 100, North of Circle Down, and East of Turners Crossroad (as further detailed in the Special Provisions[defined below]); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS,this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (I) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I &I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line,the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. O\PROJECTS12011 PMP\Sanitary Sewer Repairs\Private SSR Program\Agreements\Master Agreement GenesWater.doc WHEREAS,the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW,THEREFORE, it is.agreed by and between City and Contractor that each 2011 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement,the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications,the proposal of the Contractor(the "Proposal") and the Contractor's bond,the Work Order and the Special Provisions,together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor,and the subject property owner,including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions,time being of the essence In this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2011 in connection with the 2011 PMP.The Contractor also agrees that any time the value of the work performed under this contract exceeds the$25,000 contract limit,the City shall have the option to modify this contract and adjusted upwards in$25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit,approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above,the City agrees to pay the Contractor as set forth In Section 12 of the Special Provisions. • G:1PROJECTS12011 PMP1Sanitary Sewer Repairs\Private SSR Program\Agreements\Master Agreement GenesWater.dao ARTICLE 5. It is understood and agreed by the Contractor that the City,through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that,with respect to all work, the Contractor will keep as complete,exact, and accurate an account of the labor and materials used as is possible,and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so;or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law;or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof,all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed Items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. • O:\PROJECTS12011 PMP\Senitary Sewer Repahe\Private SSR Program\AgreementsWtaeter Agreement GenesWater.dao • IN WITNESS WHEREOF,this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: BY A. ..„41 .- ITS FAGS BY ITS G.\PROJECTS12011 PMP1Senitary Sewer Repai s\PrivateSSR Program\Agreements\Master AgreementQenesWater.doe CONTRACT NO. 11-1B MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HIGHVIEW PLUMBING SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT(the "Agreement") is made this day of , 2011,by and between the City of Golden Valley, a municipal corporation ("City"),and Hlghview Plumbing ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration (1 & I") program along with its Pavement Management Program each year; WHEREAS, in 2011 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of Glenwood Avenue, West of Highway 100, North of Circle Down, and East of Turners Crossroad (as further detailed in the Special Provisions [defined below]); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS,this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (I) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (Ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line,the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. GAPROJECTS12011 PMPISanftary Sewer Repalrs\Prrivate SSR Program NAgreementeNMester AgreemenLHighvIew.doo WHEREAS,the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW,THEREFORE, it is agreed by and between City and Contractor that each 2011 I &I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement,the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications,the proposal of the Contractor(the Proposal") and the Contractor's bond,the Work Order and the Special Provisions,together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions,time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by.the City Attorney in the minimum sum of Twenty Five Thousand Dollars($25,000)which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2011 in connection with the 2011 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the$25,000 contract limit,the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit,approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. GAPROJECTS\2011 PMP\Sanitary Sewer RepairslPrivate SSR Program\Agreementshaster AgreemenfLHighview.doc ARTICLE 5. It is understood and agreed by the Contractor that the City,through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 8. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when It is deemed in the best public, state or national interest to do so;or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law;or after finding that for reasons beyond the • Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof, all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall It relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. GAPROJECTS12011 PMPtSanftary Sewer RepairsTrivate SSR Program\Agr emenisWiasterAgreemer Highvlew.doo IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: BY A.AK-t� C Itr6s.p...641/4) ITS Pie 4 cle V1 I BY ITS GfPROJECTS12011 PMP\Sanitary Sewer RepairelPrivate SSR ProgrwMAgreementss\MMaster AgreemenLHighview.doc • FEB 2 3 2619 CONTRACT NO. 11-1C, MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND MINNEAPOLIS&SUBURBAN SEWER&WATER,INC. SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT(the°Agreement°)is made this„?/day of II Cvs. ,'2011, by and between the City of Golden Valley,a municipal corporation City"),and Minneapolis&Suburban Sewer&Water, Inc. ("Contractor), under the laws of the State of Minnesota. WHEREAS,City operates a voluntary sanitary sewer inflow and infiltration ("I& I") program along with its Pavement Management Program each year; WHEREAS, in 2011 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of Glenwood Avenue, West of Highway 100, North of Circle Down, and East of Turners Crossroad (as further detailed in the Special Provisions[defined below]); • WHEREAS,a homeowner residing within the above-described boundaries and availing themselves of the voluntary I &I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS,this Agreement,Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for (i)special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I& I ordinance;and(ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs,replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order("Work Order"), a form of which is attached hereto as Exhibit B,shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line,the owner and the Contractor shall agree on the Work Order and It will be attached to thus Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor,and property owner and the Work (defined below)on the Property identified. G:\PRCJECTS12011 PMMSanitary Sewer Repairs\Pdvate SSR ProgramlAgreements\Master Agreernent„MPLS.doo • • WHEREAS,the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW,THEREFORE,it is agreed by and between City and Contractor that each 2011 I &I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City,and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment,and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement,the Special Provisions, Standard Details attached hereto as Exhibit C,and any applicable Work Order. The Plans and Specifications,the proposal of the Contractor(the"Proposal") and the Contractor's bond,the Work Order and the Special Provisions,together with this - Agreement,shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City,Contractor,and the subject property owner,including without limitation the Bid Price as set forth In the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions,time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make,execute,and deliver to the City, corporate surety bonds,or letter of credit,approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars($25,000)which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement,to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2011 in connection with the 2011 PMP.The Contractor also agrees that any time the value of the work performed under this contract exceeds the$25,000 contract limit,the City shall have the option to modify this contract and adjusted upwards in$25,000 increments and the Contractor shall provide new corporate surety bonds,or letter of credit,approved by the City Attorney,in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above,the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. G PROJECTSl201 I PMP'Sanitary Sewer RepahslPrivate SSR Program Agreements'Master AgroemenLMPt S.doo ARTICLE 5. It is understood and agreed by the Contractor that the City,through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability,and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that,with respect to all work, the Contractor will keep as complete,exact, and accurate an account of the labor and materials used as is possible,and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City.reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public,state or national interest to do so;or the City Is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law;or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof,all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. • G:\PROJECTS12011 PMP\Sanitary Sewer RepeIrsTPrivete SSR Program\Agreements\Master Agreemen&MPLS.doc IN WITNESS WHEREOF,this Agreement has been duly authorized, made and entered Into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Unda R. Loomis, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: BY tLa ITS Ui c� Pt ts;d-c.c'A- BY ITS G 1PROJECTS12011 PMP1Sanftary Sewer RepefrslPdvate SSR ProgrwnlAgreementa\Mester AgreemenLMPLS.doc u.� t1 ■LID 'FEB 2 3 2011 T3V: CONTRACT NO. 114 MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND OUVE(RSON SEWER&WATER, INC. SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT(the"Agreement")is made this Is I-day of ,2011, by and between the City of Golden Valley, a municipal corporation ("City"),and Ouverson Sewer&Water, Inc. ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration (1 & 1") program along with its Pavement Management Program each year; WHEREAS, in 2011 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of Glenwood Avenue, West of Highway 100, North of Circle Down, and East of Turners Crossroad (as further detailed in the Special Provisions[defined below]); WHEREAS,a homeowner residing within the above-described boundaries and availing themselves of the voluntary I &I program may wish to repair their lateral sewer line or related items In connection with their sanitary sewer system; • WHEREAS,this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (I) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I &I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line In the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order("Work Order"),a form of which is attached hereto as Exhibit B,shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement Including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line,the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor,and property owner and the Work (defined below) on the Property identified. G:IPROJECTS12011 PMP\Sanitary Sewer Repairs\Private SSR Program\AgreementsWlaster Agreement Ouversan.doa WHEREAS,the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW,THEREFORE, it is agreed by and between City and Contractor that each 2011 I &I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment,and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement,the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications,the proposal of the Contractor(the°Proposal") and the Contractor's bond,the Work Order and the Special Provisions,together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City,Contractor,and the subject property owner,including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions,time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make,execute, and deliver to the City, corporate surety bonds,or letter of credit, approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000)which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement,to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2011 in connection with the 2011 PMP.The Contractor also agrees that any time the value of the work performed under this contract exceeds the$25,000 contract limit,the City shall have the option to modify this contract and adjusted upwards in$25,000 increments and the Contractor shall provide new corporate surety bonds,or letter of credit, approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above,the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. G 1PROJECTS12011 PMF SaNtary Sewer Repalrs\Private SSR ProgranMgreemen Master Agreemert_Ouverean.doc ARTICLE 5. It is understood and agreed by the Contractor that the City,through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that,with respect to all work, the Contractor will keep as complete,exact,and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public,state or national interest to do so;or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law;or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof, all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. G\PROJECTS12011 PMP Sanitary Sewer Repatrs\Private SSR Frogram1AgreementsV+iaster Agreemen#_.Ouversondoc IN WITNESS WHEREOF,this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: BY / y �,4(.K era, ITS oares, BY ITS G\PROJECTS12011 PMP1Sanftary Sewer Repairs\Private SSR Program\Agreements1Master Agreement_Quverson.doc iJ 13) • MAR 16 2011 CONTRACT NO. 11-1 F MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND WRUCK EXCAVATING, INC. SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT(the"Agreement") is made this / day of l t+Wc't, , 2011, by and between the City of Golden Valley, a municipal corporation ("City"), and Wruck Excavating, Inc. ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration (9 & I") program along with its Pavement Management Program each year; WHEREAS, in 2011'the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of Glenwood Avenue, West of Highway 100, North of Circle Down, and East of Turners Crossroad (as further detailed in the Special Provisions[defined below]); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS,this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (I) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance;and (ii) payment by the City for the performance by certain pre-qualified private contractors in,making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line,the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. G:\PROJECTSS2011 PMP\Sanitaryr Sewer Repalrs\Private SSR Program\Agreements\Maeter AgreemenLWruak.daa WHEREAS,the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW,THEREFORE, it is agreed by and between City and Contractor that each 2011 I & I related project to be specially assessed which Is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials,all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement,the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications,the proposal of the Contractor(the"Proposal") and the Contractor's bond,the Work Order and the Special Provisions,together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor,and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions,time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds, or letter of credit, approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000)which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement,to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2011 in connection with the 2011 PMP.The Contractor also agrees that any time the value of the work performed under this contract exceeds the$25,000 contract limit,the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds, or letter of credit, approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. ARTICLE 4. In consideration of the covenants and agreements stated above,the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. G:\PROJECTS12011 PMP\Sanitary Sewer Repairs\Private SSA Progrem\Agreements\Master Agreement Wruckdoc ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact,and accurate an account of the labor and materials used as is possible,and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law;or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the Work within a reasonable period of time. In the event that any Work is terminated under the provisions hereof, all completed items or units of work will be paid for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. O\PROJECTS12011 PMP\Sanitary Sewer Repairs\Private SSR Prograrn\Agreements\Master Agreement.wruckdoc IN WITNESS WHEREOF,this Agreement has been duly authorized, made and entered Into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY Thomas D. Burt, City Manager CONTRACTOR: BY 77-5--- ITS Me's tJept BY ITS • • O\PROJECTS12011 PMP\San tary Sewar Repairs\Private SSR ProgramWgreemerdsWlaster Agreement_W ruck doo PRIVATE SANITARY SEWER SERVICE WORK ORDER Property Owner: Property Address: I "Property Owner hereby acknowledge the information I have provided is complete and accurate and that I am the fee owner of the property. I also acknowledge that I desire that the work contained in this document be performed on the Property identified above (the"Property"), and on the sanitary sewer service line providing service to the Property, by Contractor identified on the attached Pavement Management Program - Private Sanitary Sewer Service Work Order ("Work Order). I grant permission for the Contractor to perform this work on the Property. I acknowledge that I have read and understand the following restrictions, limitations and requirements of the sanitary sewer service replacement program. 1. Contractor will remove any obstacles, including but not limited to sidewalks, trees, landscaping, gardens, private lighting, irrigation systems, electric dog fences and retaining walls, as necessary to perform the work described in this document and that certain Master Agreement between the City and Contractor including without limitation the documents attached thereto and made a part thereof. I also understand that the Contractor will restore any excavated areas with sod or seed and that reinstallation of all other items will not be performed by Contractor, and that I will be responsible for any restoration of any of said items. 2. I understand that the sod or seed installed on my private property will be my responsibility to maintain, Including watering; and Contractor will not provide any warranty for sod or seed. 3. I understand that the sanitary sewer service repairs included in this work are intended to address the inflow and infiltration of clear water into the sanitary sewer system only. I also understand that I may choose to make repairs to address other Issues such as settlements or sags in the sanitary sewer service line which services my home that if not addressed, may result in blockage of the service line, and potentially result in backup of sewage into my home. I will not hold the City of Golden Valley or its agents or contractors liable for any sewage backup resulting from any of my decisions related to repairs to address non inflow and infiltration defects. B-1 I further acknowledge this Work Order is subject to a Master Agreement between Contractor and the City of Golden Valley including without limitation certain Special Provisions as described therein. I understand that I will be responsible for 100 percent of the cost of the authorized work, plus an administrative fee. Both are payable in full to the City of Golden Valley following completion of the work or through a special assessment certified to my property taxes at the interest rate established by the City Council over a period of up to ten years. I also hereby waive my rights to a hearing and appeal of the special assessment for all work related to sanitary sewer service repairs as outlined herein according to Minnesota Statutes, Chapter 429. By signing this document I attest that I have read and understand the above information and related information. As the undersigned property owner, I release the City of Golden Valley, its employees, agents and contractors, from any claim or causes of action in connection with the work authorized herein. Property Owner's Signature: Date: Accepted by: Date: Contractor Accepted by: Date: City B-2 0 Vail ey O ide 763 493 4013/763493 4109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. G. Recall for Public Hearing - Special Assessments Prepared By Sue Virnig, Finance Director Summary At this meeting the City Council should recall the public hearing for April 20, 2011 at 7 pm to consider certifying the following special assessments: 2011 Pavement Management Program - Includes various improvements for streets in the following locations: • Colonial Drive: Lawn Terrace to cul-de-sac • Lawn Terrace: Turnpike Road to Glenwood Avenue • Radisson Road: Turners Crossroad South to Turnpike Road • Turnpike Road: Turners Crossroad South to Radisson Road and Turnpike Road (loop street) Recommended Action Motion to recall the public hearing for special assessments for April 20, 2011 at 7 pm. Planning Golden ey 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. H. Authorization to Sign Agreement with City of Minneapolis for Bicycle Parking Project Prepared By Joe Hogeboom, City Planner Carrie Noble, Planning Intern Summary Transit for Livable Communities (TLC) has recently expanded its federal grant program to include funding for bicycle parking facilities. Through the `Bike Walk Twin Cities Bicycle Parking Program,' Golden Valley is eligible to receive $3,700 to use toward the purchase of "swerve" bike racks. A diagram of a swerve rack is attached. Eight parks have been identified as suitable locations for new bike racks. These parks include: • Brookview Park • Gearty Park • Hampshire Park • Lions Park • Medley Park • Schaper Park • Scheid Park • Wesley Park If the City selects to participate in the program, bike racks must be installed in 2011. The program does not provide funding for costs associated with installation and maintenance of the racks. The Public Works Department has agreed to install the racks. To receive funds, Golden Valley must enter into a cooperative agreement with the City of Minneapolis. Minneapolis has been designated to act as the financial agent for the receipt of the federal funds. Minneapolis would then allocate funding to Golden Valley. Attachments Bike Rack Installation Locations Map (1 page) Swerve Bike Rack Diagram (1 page) Cooperative Agreement between the City of Minneapolis and the City of Golden Valley regarding Bicycle Parking Project (5 pages) Recommended Action Motion to authorize the Mayor and City Manager sign the Cooperative Agreement between the City of Minneapolis and the City of Golden Valley regarding Bicycle Parking Project. l _ s....,--- -- — celo i 11„i 11!r i Apt �.tl�i . - CO � `� fir; j 1 11 W off... mss\ �_ 1►' O. a 1 \,31 , 1•;,f; 1 ; elm 0, a < «, I _ a < c� _ t ' �{ co m. -0 smti 0 " ,+t± A v-- r u, - O C>1` = _ Ca ' O N — -0 1 = x CI co per f -4 i. "4411 i` r� T ��„�IIIII� �� ,411 C' . `1] )I `213,11mr. at ca I. �r1.i�t 1 S r�1:4 4 SU ,L ... ., uu.ar}D + Cl I +� 'r c+ s Fs1 wo ej -1 off -,44.-;� C.7 ' ,• tt �cu �— 3 75.1131;0117.4%.!4C11-44.�i • ri�. 3 1 iiiijiYYiiiimi fill hL 4,4.r•.. — 7C urr d w•.nr4•rttn - a �•�. Hill , 'I Ilk .•{ ', :4,- _ VI F 1 1 m ,1 r_ris f i, - fr�'j y ��4p .gip Swerve Bike Rack The design of the Swerve mirrors the bike frame, providing superior bike support and making it easy to secure both the wheel and frame. Swerves are popular with architects and universities because of their high aesthetics and space efficiency. Swerve Racks come in a variety of installation options: In-ground mounted, foot mounted and a freestanding rail mounted model. f r 5 } l ...mss. 9,. rl �� 1 1 4 .. ._1. } 'Sri" { (,,,,,.=—''''' , ,_ f t ^ ' �-'.i ',, 4"'--y" . "foie. riz,,: - ,, -. _: , -.„------__:_. . ,.. ,,,. . .,..._ ._ ..„.i,:.,: . . 6. . _. .,. . __ 7 g,,' . - .,.*_: ,ir, . . , , . . . ..., _.,.,„. . ., ' • - - , , 1,,,,,,_.,, ir - r, j .r .: aC'Y t'ny.- . ' ft l iL ': IT ' '''i'''744°t:(''''':i!rAd..,,: �� �� d iGI V,�.6,1„. 1 ' .*;-.--t;f3A,:f-', " 71-,..if,--,,i; ;.f.„-,A;',..'",..;,•-fffffiffIffi!".*:..F."f-"t"t."1 t-f.'"--.*-..": -*:.':..,,:. .-,, ; 5,IJ i t---_-.-,-;,-„A-;.,..--- ;,,it. , 1.,, '., -`:-f.' ,': if-,-;1- : ` t i ( r+ COOPERATIVE AGREEMENT BETWEEN THE CITY OF MINNEAPOLIS AND THE CITY OF GOLDEN VALLEY REGARDING BICYCLE PARKING PROJECT THIS AGREEMENT, IS MADE AND ENTERED INTO AS OF THIS 5TH DAY OF April, 2011 by and between the CITY OF MINNEAPOLIS, a Minnesota municipal corporation ("Minneapolis"), and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation ("Golden Valley"), collectively referred to as the "Cities." WITNESSETH: WHEREAS, the CITY OF GOLDEN VALLEY desires to locate and construct new bicycle parking faculties, State Project 141-091-028 ("Project") within its boundaries and has determined to be eligible for Federal Non-Motorized Transportation Pilot Project funds (hereby known as the "NTP"); and WHEREAS, the CITY OF GOLDEN VALLEY recognizes and is relying on the CITY OF MINNEAPOLIS to act as the financial agent for the receipt of NTP federal grant funds for this Project to streamline the reporting requirements on behalf of the CITY OF GOLDEN VALLEY; and WHEREAS, the CITY OF GOLDEN VALLEY is aware of and understands the Project Memorandum dated August 16, 2010 that was created for this Project and shall follow its provisions; and WHEREAS, the CITY OF MINNEAPOLIS has agreed to act as the financial agent to receive approximately$75,000 in NTP federal grant funds (MnDOT Agreement No. 97553) to procure and furnish bike parking facilities on behalf of cities and counties that are eligible to receive NTP grant funds; and WHEREAS, the CITY OF GOLDEN VALLEY understands that the federal grant funds will be used to the procure and furnish the bicycle parking facilities but will not be used for the installation, operation or maintenance of said facilities; and WHEREAS, the CITY OF GOLDEN VALLEY shall install and assume ownership, operation and maintenance of the bike parking facilities at its own cost according to the federal NTP grant provisions and this Agreement. NOW THEREFORE, in consideration of the mutual promises and mutual obligations of the Cities contained herein, each of them does hereby represent, covenant and agree with the other as follows. 1. Minneapolis Obligations Minneapolis through its Director of Public Works or his/her designee shall carry out its fiscal agent and Agreement responsibilities for the Project in all participating cities and counties. Minneapolis will expect Transit for Livable Communities (TLC) and each participating City/County to perform their due diligence and responsibilities to complete the project. Minneapolis will advertise a bid to contract with a vendor to furnish (purchase and delivery) of specified bicycle parking facilities to each participating City/County. Minneapolis will be responsible for maintaining financial records consistent with federal grant requirements to keep track of all federal expenses related to these funds. Minneapolis shall reimburse the approved vendor in a timely manner for any and all eligible federal costs, and submit documentation for reimbursement to MnDOT when project documentation is completed. 2. City/County Eligibility Each City/County agrees to perform the following at their own post prior to becoming eligible: a. Submission of candidate locations for possible placement of bike parking faculties to TLC. b. Provide the proper Certificate of State Alone Right of Way for installation locations, or obtain necessary easements to use private property to locate and grant public access to the respective bike parking facilities. c. Provide any environmental information on all proposed locations for a possible bike parking facility required by the Cultural Resources Unit of the Minnesota Department of Transportation to assure compliance with all applicable State and Federal environmental requirements. d. Agree to provide suitable locations and install the bike parking facilities including the construction of a foundation where necessary. e. Agree to operate and maintain the bike parking facility for its useful life which for purposes of this Agreement is a minimum of five (5) years. The end date shall be December 31 following the fifth year anniversary of the installation. Given a 2011 installation, the end date of the useful life shall be December 31, 2016; a 2012 installation and end date of December 31, 2017; etc. Said operation and maintenance includes, but is not limited to, repair or replacement of the bicycle parking facilities due to graffiti or damage by others. 3. City/County Eligibility Subject to the provisions of this Agreement and in conformance with the NTP federal grant and appropriate provisions of MnDOT Agreement 37553, each participating City/County after approval of eligibility agrees to perform the following activities at their own cost: a. Submit a site plan for each site(s) providing detailed information identified by the NTP Bike Parking Request template provided by TLC. b. Obtain written approval of the bike parking facilities site plan(s) by TLC and MnDOT Office of Cultural Resources and State Aid prior to Minneapolis furnishing said faculties. c. Request bike parking facilities to be furnished through the bid process administered by Minneapolis. The costs to furnish the bike parking facilities will be funded by a Federal grant awarded to Minneapolis. Minneapolis will furnish the bike parking facilities to each City/County upon the following conditions: i. Use its own local resources (staff and funds)to identify, prepare and install one or more sites for the placement of bike parking facilities within its boundaries. Said local resources are not reimbursable by the federal NTP grant funds. ii. Install all bike parking facilities no later than 30 days from receipt of bike parking facilities delivered from the vendor. iii. Provide to TLC and Minneapolis proper documentation of the installation of bike parking facilities in accordance with the approved site plan(s). Each City/County will submit to TLC proper written and photo documentation after the bike parking facility has been purchased, delivered and installed. The installation and its financial documentation must be retained at the each participating City/County for a sufficient length of time to allow for proper audit and close out of the Project. 4. Removal of Bike Parking Facilities by City If a City/County elects to move or remove a bike parking facility prior to the end of its useful life, the following procedures shall be followed. A City/County may elect to move or remove the bike parking facility by declaring a greater public purpose or reasons related to protecting the public health, safety and welfare. Said removal will not be granted based on lack of proper operation and maintenance duties required by each City/County. If said move or removal is for temporary purposes related to adjacent construction or development purposes defined as less than one year and will be reinstalled at the same location then no further action is needed. If said move or removal will be greater than one year than thirty (30) days prior to its removal, the City/County must notify Minneapolis of its intent to remove the bike parking facility. If the said bike parking facility will be moved to another location, then a relocation request and site plan shall be submitted to Minneapolis. Minneapolis will coordinate with TLC, if the NTP program still exists. Minneapolis shall either approve a new location within the City/County for the bike parking facility or request that the bike parking facility be returned to Minneapolis for installation elsewhere in the Twin Cities eligible NTP area. Minneapolis will respond to the removal notification within the thirty(30) day notification period and notify the participating City/County in writing of its decision. Each City/County will be responsible for the removal and delivery cost of the bike parking facility to Minneapolis, but will not be responsible for repayment of any NTP federal grant due to the removal of the bike parking facility. The above removal provisions will no longer be in effect after the five (5) minimum useful life as described in Section 2e. IN WITNESS WHEREOF, the parties have set their hands as of the day and year first above written. CITY OF GOLDEN VALLEY By: Its Mayor By: Its City Manager For the City of Minneapolis Approved: By: Public Works Department Approved as to Form By: Assistant City Attorney Countersigned: Finance Officer or Designee 0� Planning v,emor,. :i . 0 . , Oa, V 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 Agenda Item 3. I. Authorization to Sign Professional Services Agreement with Hennepin County for Reimbursement of Active Living-Related Staff Expenses Prepared By Joe Hogeboom, City Planner Summary Hennepin County has received an extension of its federal grant through Blue Cross Blue Shield to continue its work on its active living program. The City has been asked to continue its participation on the Hennepin Communities Active Living Steering Committee. This current contract allows Hennepin County to reimburse Golden Valley up to $3,800 for its work with active living. The grant period is for fourteen months, retroactively beginning January 1, 2011 and ending December 31, 2011. Under this contract agreement, the City's level of participation would involve Planning and Development Department staff attending monthly planning meetings with the County, and promoting active living-related events and initiatives. The City's prior active living-related contract with the County expired on December 31, 2010. Attachment Personal/Professional Services Agreement (10 pages) Recommended Action Motion to authorize the Mayor and City Manager sign the Professional Services Agreement with the Hennepin County Human Services and Public Health Department for reimbursement for work pertaining to active living. Contract No: A110230 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the"COUNTY") A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, A-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, ("DEPARTMENT") and the City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, ("CONTRACTOR"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COUNTY commencing January 1, 2011 and terminating December 31, 2011,unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed Three Thousand Eight Hundred Dollars ($3,800.00), as more fully described in Exhibit A, attached and incorporated by this reference. 2. SERVICES TO BE PROVIDED CONTRACTOR is participating in the Active Living Hennepin County project, as more fully described in Exhibit A, attached and incorporated by this reference. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY's payment of claims and/or invoices. CONTRACTOR shall submit quarterly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within Thirty-Five (35) days from receipt of the invoice. CONTRACTOR shall not provide services under this Agreement without receiving a purchase order or purchase order number supplied by the COUNTY. All invoices shall display the COUNTY purchase order number and be sent to the central invoice receiving address supplied by the COUNTY. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CONTRACTOR CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including,without limitation, claims of discrimination against CONTRACTOR, its officers, agents, contractors, or employees. CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including,without limitation,tenure rights,medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. 6. NON-DISCRIMINATION AND AFFIRMATIVE ACTION A. In accordance with the COUNTY's policies against discrimination, CONTRACTOR agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation,public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. B. CONTRACTOR agrees to adhere to the COUNTY's HIV/AIDS Policy which provides that no employee, applicant, or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights,privileges, or freedoms because of his or her HIV/AIDS status except for clearly stated specific and compelling medical and/or public health reasons. CONTRACTOR shall establish the necessary policies concerning HIV/AIDS to assure that 2 COUNTY clients in contracted programs and CONTRACTOR's employees in COUNTY contracted programs are afforded the same treatment with regard to HIV/AIDS as persons directly employed or served by the COUNTY. 7. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. B. Each party warrants that it has a purchased insurance or self-insurance program. C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors,which arises out of the services contained in this Agreement and shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or its employees, officers, agents or subcontractors, and/or the COUNTY,might become the subject of a claim, action, cause of action or litigation arising out,of the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of the Agreement. 8. DATA PRACTICES CONTRACTOR, its officers, agents, owners,partners, employees,volunteers and subcontractors shall abide by the provisions of the Minnesota Governmerit Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA),the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules,regulations and orders relating to data privacy or confidentiality. If CONTRACTOR creates, collects,receives, stores,uses,maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement,then CONTRACTOR must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims 3 resulting from CONTRACTOR's officers', agents', owners',partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS—AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CONTRACTOR agrees that the COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc.,which are pertinent to the accounting practices and procedures of CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6)years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part,nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR,the assignee and the COUNTY. Permission to assign,however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract,however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CONTRACTOR and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and 4 conditions specified. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available upon request. 11. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items,the terms of this Agreement shall prevail. B. Any alterations, variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. DEFAULT AND CANCELLATION A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CONTRACTOR's default is excused by the COUNTY,the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR. B. Upon cancellation or termination of this Agreement: 1. At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term"writings" is defined as: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of communication or representation, including letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written 5 consent of the COUNTY shall not use these writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such writings; and shall not do anything which in the opinion of the COUNTY would affect the COUNTY's ownership and/or control of such writings. C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage,the COUNTY may withhold any payments to CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined. Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same,unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled with or without cause by either party upon thirty(30) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the DEPARTMENT so as to accomplish the purposes of this Agreement, Karen Nikolai, or successor(Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. 6 • 14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CONTRACTOR shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. SUBCONTRACTOR PAYMENT As required by Minnesota Statutes Section 471.425, Subd. 4a, CONTRACTOR shall pay any subcontractor within ten(10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of 1'/Z percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than$100.00, CONTRACTOR shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 16. PAPER RECYCLING The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the COUNTY. 7 18. CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable,the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 8 COUNTY ADMINISTRATOR APPROVAL COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: County Administrator Date: Date: CITY OF GOLDEN VALLEY By: Its: P14)101 - And: CH-Ti y�,, Its: l /taiiq1L°r City organized under: Statutory Option A Option B Charter 9 • , A110230 EXHIBIT A Active Living Minnesota Partner City Deliverables — Hennepin County January 1,2011 —December 31,2011 This document outlines the deliverables for participation of the Seven Hennepin County partner cities under Hennepin County's contract with Blue Cross and Blue Shield of Minnesota(BCBSMN)under BCBSMN's Active Living Minnesota Grant,during the 2011 —2012 contract year.The seven partner cities are: Bloomington,Brooklyn Park,Excelsior, Golden Valley,Hopkins, Independence, and St.Louis Park. This agreement is between Hennepin County and each of the cities listed above. Quarterly invoices from each city will be reviewed for approval by Hennepin County Active Living Project Manager. Payments will be made based on participation at Active Living meetings and progress on other contract deliverables. Reimbursement will be: In the amount not to exceed$950.00 per quarter,for a total amount not to exceed$3,800.00 during the 12 month period of January 1,2011 through December 31,2011. Deliverables required for each city: 1 Participate in a minimum of 75% of meetings. If representative is unable to attend,that person shall attempt to send another representative and prepare that person for the meeting. 2 Conduct at least one Active Living informational update or presentation per quarter with key leaders/staff and elected officials. One update must be verbal,and the others may be verbal or written. Information shall include an update on the overall work and direction of Active Living Hennepin County(ALHC),as well as the partner agency's participation in ALHC. Report back on these meetings each quarter to ALHC staff. 3 Brief key leaders/staff and elected officials following key discussions and decisions made in ALHC meetings(e.g.,draft policies needing local approval,potential demonstration projects and local events being planned in your community). 4 Coordinate at least one local Active Living event during the 2011 contract cycle. Events must be approved in advance by ALHC staff and the ALHC subcommittee. 5 Co-chair,or actively and regularly participate on at least one ALHC subcommittee. 6 Attend and participate in Blue Cross and Blue Shield (BCBS)Active Living events as requested. of Planning Go ide n V , 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 5, 2011 "60 Days" Deadline: April 11, 2011 Agenda Item 4. A. Public Hearing - Ordinance #458 - Conditional Use Permit No. 130 - 7550 Wayzata Boulevard - Neptune Society, Applicant Prepared By Michael Simmons, Planning Intern Summary The Planning Commission has unanimously recommended approval of Conditional Use Permit (CUP) No. 130. The requested permit would allow for a retail/mortuary facility to operate at 7550 Wayzata Boulevard. Mortuary facilities are considered a conditional use in the 1-394 Mixed Use Zoning District. Although this site will operate as a retail sales and business office, it must obtain a CUP because of its classification as a mortuary (state law requires funeral service businesses to obtain mortuary licenses, even if no physical body preparation occurs onsite). No cremation, embalming or related activities will occur at this site. 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 following conditions, recommended by the Planning Commission, work to minimize impacts on surrounding properties: 1. The site plan submitted by Neptune Society shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the narrative submitted by Neptune Society and dated February 10, 2011, the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. Attachments Location Map (1 page) Planning Commission Minutes dated March 14, 2011 (4 pages) Memo to the Planning Commission dated March 9, 2011 (2 pages) Applicant's Narrative (4 pages) Memo from Deputy Fire Marshal Ed Anderson dated February 16, 2011 (1 page) Site Plan (1 page) Interior Building Layout Plan (1 page) Photographs of Site (2 pages) Ordinance #458, Approval of Conditional Use Permit Number 130, 7550 Wayzata Boulevard, Neptune Society, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #458, Approval of Conditional Use Permit Number 130, 7550 Wayzata Boulevard, Neptune Society, Applicant. 420 .t 421 / 420 E 421 ..,-,- -,,,,_....„.......7::s,.. — ,.„.Quebin Ave 8 I 500 501 500 50 500 501 421 / •,' 46 1. . . . Itr t I , .-- 520 52 1. 530 521 7700 521 , 521 510 g t f• 1 i 1 i i / 600 811 7701 1 675 i 103 1 I 642 I 11111= 649 il' t t 716 pj 123 754 732 1 r S 11111raill 1 750 i : I. w 701 820 1 g i 820 fe I 825 1 .( 4, f f 840 ig 890 843 1 1 11? 1 830 I ; 1 , et 0 f,' 1 3.5 980 II i 9 g i 0 : l Il 1033 1030 0 ;• 7400 1041 1040 , 1040 i i F-.: 7600 , 1050 X:,' /., ., Subject Property 1 *---, . --. 1.060 1 • n A. ,..:„/ -...., .....", 7500 1 .1 / • -----------) c' ■ ..„,.. i - - — ' tlVtlyzata Blvd _ ., ,. _ irderstate Hwy 304 •• - WAYZATA BLVD / .41)- . - • ' - • 13TH LA,' . 1 4.1.17,e,v.ochs 1114,1,4 Regular Meeting of the Golden Valley Planning Commission March 14, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, March 14, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Kluchka, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Planning Intern Michael Simmons and Administrative Assistant Lisa Wittman. Commissioner McCarty was absent. 1. Approval of Minutes February 13, 2011 Regular Planning Commission Meeting Eck referred to the third sentence in the fifth paragraph on page 3 and stated the word "to" should be changed to the word "the." MOVED by Kluchka, seconded by Cera and motion carried unanimously to approve the February 13, 2011 minutes with the above noted correction. 2. Informal Public Hearing — Conditional Use Permit—7550 Wayzata Blvd — CU-130 Applicant: Neptune Management Corp. d/b/a Neptune Society Addresses: 7550 Wayzata Blvd Purpose: To allow for a retail sales office for the purpose of selling cremation service plans in the 1-394 Mixed Use Zoning District. Simmons referred to a location map and discussed the applicant's proposal to operate a sales office for the purpose of selling cremation service plans. He explained that no cremation or embalming will occur at this site. However, state law requires that this business receive a "funeral establishment" license which requires them to construct an embalming room. The applicant has stated that they will not use the embalming room. Simmons referred to his staff report and reviewed the ten factors the Planning Commission must consider when reviewing a Conditional Use Permit. Segelbaum referred to the floor plan and asked where the embalming room would be located. Grimes noted that the embalming room is referred to on the floor plan as the prep room. Cera asked why the City is considering this to be a mortuary instead of just a sales office. Simmons stated that because of the required embalming room this proposal is considered to be a mortuary which requires a Conditional Use Permit. Cera stated that requiring the applicant to obtain a funeral establishment license just to have a sales office seems to be a Minutes of the Golden Valley Planning Commission March 14, 2011 Page 2 waste of time and money. He suggested the City write a letter to the Legislature regarding eliminating the embalming room requirement. Waldhauser asked about the parking for this business. Simmons referred to the site plan and noted there are a couple of parking spaces in front of the building. However, the majority of the parking is behind the building. Segelbaum asked what would stop the applicant from embalming at this location in the future if the Conditional Use Permit is approved. Waldhauser noted that the applicant has stated he would write a letter to the City stating that they will not do embalming or cremation at this site. Grimes noted that the applicant doesn't do embalming or cremation at any of their locations so he wouldn't expect that they would do it here. Kluchka questioned if it is relevant to this application if they are doing embalming at this site. Cera said he thinks if the applicant were to operate a crematorium he would need a different type of license. He added that allowing a crematorium would impact the neighboring properties differently than what they've been told is just an office. He suggested adding a condition to the approval that there be no embalming or cremation allowed. Tim Nicholson, President and CEO, Neptune Society, Plantation, FL, stated that the Neptune Society has been in business for 37 years with 40 locations in nine states. He explained that they don't do any type of gatherings, memorial services or visitation services and they don't do any embalming or cremating. Waldhauser asked where those types of functions occur. Nicholson explained they are outsourced to a separate location and said this operation will be strictly a retail sales office. Kluchka asked the applicant if there are any requirements in the licensing law that would prevent them from offering additional services. Nicholson said he believes the license would allow them to do additional services but reiterated that they don't offer embalming or cremation services. Waldhauser asked the applicant to explain how their sales business works. Nicholson stated they will have advertising in newspapers and do direct mailings. He stated they will start with three full time employees; a licensed funeral director, a sales manager and an administrative person with a plan to hire additional sales people in the future. Eck questioned the position of "service manager" shown on the plans. Nicholson stated that is the funeral director who will meet with the families. Waldhauser opened the public hearing. Todd Heilicher, 7600 Wayzata Blvd, said he has no issues with this business but he is concerned about parking. He noted that this company is only taking half of the building so he is concerned about there being enough parking spaces if another tenant moves into the other half of the space. He said there is additional parking available behind the building but he questioned how people will know they are able to park there. Nicholson explained that their employees will park behind the building. He added that there would typically only be one or two families at their office at a time. Grimes said he realizes that the parking on this site is not ideal but staff feels there are enough parking spaces for the types of businesses that can be located there. He suggested Minutes of the Golden Valley Planning Commission March 14, 2011 Page 3 that directional signage be added to help direct people to the back of the building to access the additional parking spaces. Waldhauser asked Heilicher if there have been issues with the parking on his property. Heilicher stated that everyone tries to park as close as possible to the front door. He says he has issues with his tenants parking in the street. Grimes asked Nicholson if they intend to have evening hours. Nicholson said no, their hours would be 8:30 to 5:30. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Schmidgall said he is in favor of this proposal. He agreed the parking situation will need to be managed but it shouldn't stop a business from going in this space. Eck agreed and said he sees no basis to deny the request. Kluchka suggested a condition be added stating that embalming and cremation services cannot be offered. Nicholson said he is concerned about getting his license from the state if that condition is added because he is required to have the embalming room. He stated he is willing to write a letter stating that no bodies will be present at the site. Kluchka stated that a letter from this applicant would not stop a future funeral establishment from doing something different so he wants to have language in the Conditional Use Permit that stays with the property. Segelbaum stated he thinks the state licensing requirements and the review process would be different for cremation services so maybe the proposed condition could separate embalming and cremation. Schmidgall said he.is not in favor of adding a condition regarding embalming because the state is requiring them to have an embalming room. Having that condition is complicating a simple process. He added that even if they did offer embalming services he doesn't think it would have an impact on the neighboring property owners. Kluchka suggested adding a second condition stating that employees shall be required to park in the spaces behind the building. Cera said he is in favor of adding the condition regarding embalming because the application states that there won't be any embalming and that is what people have been led to believe. Nicholson reiterated that he is concerned the state won't issue a license if that condition is listed in the Conditional Use Permit. Kluchka suggested the proposed condition be changed to state that if the property use changes to involve cremation or embalming the applicant will have to apply for a new Conditional Use Permit. Schmidgall said he supports this proposal as it has been recommended without any additional conditions. Waldhauser said she would recommend a condition requiring that signage be installed directing employees and customers to park in the back. Eck asked the applicant if bodies are embalmed before they are cremated. Nicholson said no. He added that they haven't done any embalming in 37 years. Eck questioned why some of the Commissioner's had concerns about embalming when cremation doesn't involve embalming. Kluchka said he feels the condition regarding embalming is relevant because he Minutes of the Golden Valley Planning Commission March 14, 2011 Page 4 is concerned about the potential future use of the site being used for embalming or cremation without having to come back to the City for a new Conditional Use Permit. Nicholson ensured the Commission that the space is not set up to do embalming. Grimes suggested attaching the applicant's narrative to the Conditional Use Permit and stating in the Permit that if the conditions change from what is in the narrative the Conditional Use Permit would have to be amended. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval of a Conditional Use Permit to allow for a retail sales office for the purpose of selling cremation service plans at 7550 Wayzata Blvd subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the attached narrative the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. 4. Other Business City Attorney Allen Barnard — Planning Commissioner Training City Attorney Allen Barnard gave a PowerPoint presentation (attached) regarding the role of Planning Commission, communication between Commissioners, review processes and variance regulations. 5. Adjournment The meeting was adjourned at 9:05 pm Lester Eck, Secretary GO1 ,„ Planning _ _ g W ` 763-593 8095/763 593 8109 (fax) Date: March 9, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Michael Simmons, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP-130) to allow retail sales of cremation services and operate a mortuary facility at 7550 Wayzata Boulevard — Daniel M. Zavadil (Neptune Society) Applicant Background and Proposed Use The Neptune Society is proposing to locate its business at 7550 Wayzata Boulevard. Daniel Zavdil, Associate General Council for the Neptune Society, is requesting a Conditional Use Permit (CUP) to allow the business to operate in the 1-394 Mixed Use Zoning District. The Neptune Society provides sales of pre-arranged and pre-paid cremation plans as well as immediate-need cremation plans. No cremation or related activity will occur at this site. However, state law requires that this business receive a "Funeral Establishment" license. As part of the licensing requirement, Neptune Society must construct and maintain an "embalming room," thereby becoming a mortuary. (This room will not be used, and will be constructed only to satisfy state licensing requirements.) Under the regulations of the 1-394 Mixed-Use Zoning District, a "mortuary" is classified as a conditional use. Therefore, Neptune Society must obtain a Conditional Use Permit (CUP) prior to conducting business. Although this site will operate as a retail sales and business office, it must, by default, obtain a CUP. For more information on the Neptune Society, please visit http://www.neptunesociety.com. 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. The Neptune Society has been in existence for 37 years and has established a strong presence in the funeral industry. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map guides this site as long-term mixed use. The Neptune Society would enter a building with existing tenants. 3. Effect on Property Values in the Area: The property at 7550 Wayzata Boulevard was recently remodeled to attract businesses and offices. Staff views the renovation, and the Neptune Society's presence in the building, as a positive enhancement to the site. 4. Effect of Use on Traffic in the Area: Most of Neptune Society's business is conducted at clients' homes. Therefore, the majority of traffic generated from the business would be that of employees. Staff does not anticipate the slight increase in traffic to negatively impact the surrounding 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 cause no increase in noise to the area. 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: Neptune Society would be entering into an existing building, not altering the appearance of the building in any way other than the installation of signage. 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 130 allowing Neptune Society to sell cremation services and operate a mortuary facility at 7550 Wayzata Boulevard. 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. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, 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. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated February 16, 2011 (1 page) Applicant's Narrative (4 pages) Interior Building Layout Plan (1 page) Site Plan (1 page) Photographs of Site (2 pages) Neptune zp'Society� AMERICA'S MOST TRUSTED CREMATION SERVICES February 10, 2011 Mark Grimes, Director of Planning & Development 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Mr. Grimes: As required in the application for Conditional Use Permit, the following is a detail description of Neptune Society's intended use: Detailed Description of Intended Use. The Neptune Society would like to open a retail sales type office in Golden Valley with the purpose of selling Direct Cremation Preneed Service Plans. We have located a professional office site in a mixed use area located at 7550 Wayzata Blvd., Golden Valley, MN 55427. We are currently in the process of entering into a letter of intent with the landlord, conditioned upon any necessary zoning approval. The proposed Neptune Society office will function as an administrative and sales office for the purpose of selling pre-arranged and pre-paid cremation plans and for the purpose arranging immediate need cremation arrangements. It is expected that Neptune Society will physically employ 3 employees to work at this location in the beginning and growing up to 6 over the next 24 months. Neptune Society will also generate jobs and contract with a number of Independent Sales Representatives. (Depending on sale volume, the typical office has 5-20 Independent Sales Representatives.) Please note that while the State of Minnesota will require that this office apply for and receive a "Funeral.Establishment" license to lawfully offer the above named services. Please note that as part of the statutory licensing requirement, Neptune Society will be obligated to construct and maintain an embalming room. (A room that will never be used for that purpose and is unfortunately mandated as a building requirement to obtain a Funeral Establishment License by current State Law on Funeral Establishments.) Our location will be operated solely as a retail sales office and no physical body Page 1 of 4 1250 S.Pine Island Road,Suite 500 • Plantation,FL 33324 • 954-556-9400 • www.neptunesociety.com preparation, mortuary science activities or cremations will occur in this facility. It will be a "Mortuary" in license and in arguable classification only. If necessary, we would be willing to sign documentation agreeing that this facility would not be used for physical body preparations during the term of our lease and use of the facility. The activity of the office will include the sale and administration of pre- arranged and pre-paid cremation plans. Approximately 95 percent of the sales activity will occur outside of the office in customer's homes; however the administrative processing of the sales contracts will be completed on site. A limited number of Immediate need cremation arrangements will also be conducted on site from walk in customers and those not wanting to meet in their home; the balance being arranged by phone and fax. This office will also offer cremation urn merchandise in association with immediate need arrangements. While there may be some Urns on display, urns are typically shipped from the Vendor directly to the customer. Although the Neptune Society will offer immediate need cremation arrangements through the use of outside providers; human remains will never be present at this office other than fully sealed, cremated remains which are processed elsewhere but may be released to family members from this office. All human remains will be removed from the place of death to our off site holding facility at another company's licensed facility for storage and cremation. The Neptune Society does not offer embalming services, formal memorial ceremonies or viewing options on site. We estimate that approximately 15% of the families served from this proposed location would receive cremated remains released from this office during any 12-month period. Cremated remains are released to family members in a regulation container which has been completely sealed and which meets high industry standards and which poses no sort of health or safety risk to anyone. I wish to again reiterate that the activity and function of this office will be that of the professional administration of pre-arranged and pre-paid cremation contracts and cremation arrangements, (retail type transactions) and will in no Page 2 of 4 way include those activates dealing with body processing, mortuary science or funeral services regularly associated with traditional death care service providers, such as traditional funeral homes and mortuaries. Demonstrated Need For The Proposed Use. There is a need for our services, in that according to statistics Minnesota leads the Midwest with the number of cremations. Statistically it is about 46.9% (*in 2009) of all final dispositions in Minnesota are in the form of Cremations. Neptune Society is the industry leader and has been in operation since 1973. The preneed funeral service industry is a highly regulated industry with direct State oversight of our operations, forms, licensing, and trust oversight, etc. At this current date Neptune Society has no active regulatory issues and is in good standing in all States. Neptune Society is a no frills, cremation only, preneed and at need funeral service provider with well over 30 facilities, that currently operates in 9 other states and growing. (AZ, CA, CO, FL, IL, NV, OR, TX, WA.) We provide a low cost alternative to expensive funerals, which could range in cost from $6.000- $19,000 on average depending on the services selected. Consistency with City's Comprehensive Plan. We believe our location selection is appropriate and consistent with the City's Comprehensive Plan for the City. We have selected an office location in a mixed use area which permits the placement of Mortuary's with a Conditional Use Permit. Impact on Property Values. We do not believe the operation of our retail type sale office will have any sort of negative impact on neighboring property values. To the contrary, we will be occupying a currently unoccupied, redeveloped piece of property, is a value added to the neighborhood. Impact on Traffic Generation. Based upon the nature of our service, most sales will occur in the customer's homes, thus we do not anticipate traffic generation or traffic flow complications stemming from our operations. Unlike other or traditional Mortuary or Funeral Home facilities we will not be having services, motorcades and viewings, thus we will not need additional parking, garage space, police funeral procession escort services or staging lanes like a traditional mortuary or funeral home operation might. Page 3 of 4 Impact on Noise Levels. Based upon the fact our function will be that of a retail administrative sales office, we do not anticipate any increase in noise levels caused by our administrative activities. Impact on Odors, Dust, Smoke, Gas or Vibration. Based upon the fact, we will not be processing bodies at this facility; we do not expect any increase in odors, dust, smoke, gas or vibration caused by our proposed administrative / retail use. Visual Appearance. The location selected was recently renovated and upgraded, providing a professional appearance. Our signage will be in conformity with applicable zoning codes, landlord requirements and will be tasteful in nature. Usually our signage includes our name "Neptune Society" and our purple dove logo, similar to that on the top of the letter head. Other Effect on the General Public Health, Safety and Welfare of the City. We do not in any way believe that our intended administrative use will have any negative effect on the general public health, safety, and welfare of the City and its residents. Neptune Society sincerely hopes the City of Golden Valley will promptly approve the request for a Conditional Use Permit. I stand ready to address any questions or concerns Zoning or the City Board may have relating to this request or our services. al , Daniel - ,dil, Esq. Associ- eneral Counsel Page 4 of 4 tolden ,emorandu ,, Fire Department Tire Department 763-5934065 1 763-593-8098(fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application, 7550 Wayzata Blvd. Date: February 16, 2011 I have reviewed the conditional use permit application packet to allow a retail/mortuary use in the mixed use zoning district. Listed below are the fire department comments regarding their application. 1. The description of intended use of the proposed site shall meet the requirements set forth in the Minnesota State Fire Code. 2. The installation of an automatic fire suppression system will be required for the entire building. 3. The installation of a fire alarm communicator to monitor the fire suppression system. 4. 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I VAA I V.7, �/� "J n CP 1 t ‘...10 CTl . { , A 111 . 4 j t 't I 4 I -r I ORDINANCE NO. 458, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 130 7550 Wayzata Boulevard Neptune Society, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.47, by approving a Conditional Use Permit for a certain tract of land at 7550 Wayzata Boulevard, thereby allowing the proposed Neptune Society to operate a mortuary located in the 1-394 Mixed Use 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 by reference. 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 plan submitted by Neptune Society shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16, 2011, shall become a part of this approval. 3. All signage shall meet the requirements of Section 4.20 of City Code. 4. Directional signage shall be installed informing customers of parking spaces located behind the building. 5. Employees shall be required to park in the spaces located behind the building. 6. If the property use changes from what is included in the narrative submitted by Neptune Society and dated February 10, 2011, the Conditional Use Permit must be amended. 7. All future improvements to the building shall meet the City's Building Code requirements. 8. All other applicable local, state and federal requirements shall be met at all times. Section 2. The tract of land affected by this ordinance is legally described as follows: That part of Tract I, lying South of a line running parallel with and distance 60 feet North of North line of Tract K and East of a line running parallel with and 60 feet West from West line of Tract K, Registered Land Survey No. 412, County of Hennepin. The above legal description forms one contiguous parcel of land with no gaps or overlaps between the parcels. 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 5th day of April, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk