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06-07-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 7, 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 PAGES A. Roll Call B. Board/Commission Oath of Office and Presentation of Certificate of Appointment 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - Council/Manager Meeting -April 12, 2011 3-6 B. Approval of Check Register 1. City 7 2. Housing and Redevelopment Authority 8 C. Licenses: 1. Solicitor's License - Legacy Exteriors LLC 9-11 2. Solicitor's License - Brand Company Inc. 12-14 3. Solicitor's License -Associated Contraction Inc. 15-17 4. Gambling License Application to Conduct Excluded Bingo - Sons of the 1$-20 American Legion Post 523 D. Minutes of Boards and Commissions: 1. Environmental Commission -April 25, 2011 21-22 2. Envision Connection Project Board of Directors - March 17, 2011 23-26 3. Joint Water Commission - May 4, 2011 27-28 4. Bassett Creek Watershed Management Commission -April 21, 2011 29-37 E. Bids and Quotes: 1. Street Striping and Markings - Quotes 38 F. Authorization to Sign Grant Agreement with Metropolitan Council far Reimbursement 39-90 of Sanitary Sewer Related Improvements G. Authorization to Sign Joint Powers Agreements with Minnesota Bureau of Criminal 91-99 Apprehension (BCA) for Access to Criminal Justice Data Communications Network (CJDN) 11-24 H. Receipt of April 2011 Financial Reports 100-107 I. Authorizing 2011 Application to Minnesota Department of Transportation Community 108-109 Roadside Landscaping Partnership Program for Highway 55 Lilac Planting 11-25 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Sanitary Sewer Easement Vacations - 6210 and 6224 Wayzata 110-113 Boulevard 11-26 B. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan 114-119 Map - Change from Light Industrial to Medium-High Density Residential - 9110 Golden Valley Road 11-27 C. Public Hearing - Amendment to the Comprehensive Plan's General Land Use Plan 120-125 Map - Change from Medium-Low Residential to Office - 2040 Douglas Drive 11-28 D. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan 126-134 Map - Change from High Density Residential to Medium-High Density - 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road 11-29 E. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan 135-139 Map - Change from Medium-High Density Residential to Low Density Residential - 5635 and 5701 Glenwood Avenue 11-30 5. OLD BUSINESS 6. NEW BUSINESS A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt 140-141 Liquor License Renewals B. Approval of Plat-Venture Bank 11-31 142-145 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT �, Council/Manager Meeting Minutes April 12, 2011 Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Director of Public Works Jeannine Clancy, Director of Planning and Development Mark Grimes, HRA Assistant Director Jeanne Andre, Director of Parks and Recreation Rick Jacobson, Communications Coordinator Cheryl Weiler, City Planner Joe Hogeboom, Environmental Coordinator AI Lundstrom, Public Works Project Coordinator Ron Nims, EIT Mark Ray. Also present were consultants Jupe Hale, WSB &Associates, � Graham Johnson, SEFi, Denny Langer, EPI and Administrative Assistant Lisa Wittman. The meeting began at 6:40 pm in the Council Conference Room. Douglas Drive Preliminary Design Update Jeannine Clancy introduced Jupe Hale of WSB &Associates, who came to the meeting to present preliminary design layouts and update the Council on the status of the Douglas Drive project. Mr. Hale reviewed the work WSB has done to date. He showed the Council maps of the Douglas Drive project area and discussed right-of-way impacts, lane configurations, options for traffic control at intersections including roundabouts or signals, sidewalks, bicycle lanes and impacts to properties. The Council discussed some of the key intersections and the proposed roundabouts and asked about pedestrian safety and the benefits of installing a roundabout versus a signalized intersection. Mr. Hale explained that roundabouts use less space than a signalized intersection and stated that pedestrians would benefit from slower tra�c speed, however there wouldn't be a signal stopping vehicles allowing them to cross. Clancy explained that the project team will be working with Hennepin County staff. After County review, the project will be reviewed again by Council. Also, a neighborhood meeting will be in held sometime in late summer or early fall. Douglas Drive Moratorium Area Study Update Mark Grimes reminded the Council that in June 2010 an ordinance was adopted placing a one-year moratorium on development within the area located at the northeast corner of Highway 55 and Douglas Drive. He stated that staff is looking for direction regarding the moratorium being extended or being allowed to lapse. The Council directed staff to start the process to consider extending the moratorium. Mark Grimes then asked the Council to comment on the draft report and make recommendations. Council Member Shaffer referred to the existing utilities in the area and said he would like to know where they are located. He added that he would also like the study to consider future utility needs. Mayor Loomis expressed concern about site accessibility and the cost of infrastructure and utility relocation compared to the value of the property. CouncillManager Meeting Minutes April 12, 2011 — Page 2 After discussing the language in the Douglas Drive Moratorium Area Study the Council consensus was to develop a site plan that locates the utilities outlined in the report, continue studying the possibility of a creating a new zoning district for the area that does not include multi-family housing and research what other cities, specifically Richfield, include in such a district. Comprehensive Plan Implementation Plan — Rezoning of Residential Areas/ Traffic Study Southeast Corner of Winnetka Avenue and Highway 55 Joe Hogeboom reminded the Council that there are eight areas in the City where the zoning designations don't match with the Comprehensive Plan land use designations. In November, the Council gave staff direction to go ahead and re-zone the properties that did not involve residential properties. Those re-zonings have occurred and staff is now looking for direction regarding the remaining six areas. Hogeboom referred to the first area in question which is the southeast corner of Winnetka Avenue and Highway 55. Mark Grimes stated a developer has expressed interest in constructing a senior housing development in this area which may work because it would not cause an overwhelming amount of traffic. The Council discussed various types of senior housing that may be developed including cooperatives, assisted living and memory care units. They also discussed creating a separate zoning district for senior housing or adding senior housing as a conditional use in the R-3 zoning district. Jeannine Clancy introduced Graham Johnson of SEH who came to the meeting to discuss the recently completed Harold Avenue Traffic Study which is pertinent to the zoning discussion. Mr. Johnson gave a PowerPoint presentation and provided an overview of the study. He discussed the analysis of three different development scenarios and four improvement options including trip generation and distribution information, peak hour demands and ways to maintain or slightly improve the existing level of service. After Council discussion the consensus was to first consider amending the language in the R-3 zoning district to allow senior housing with a conditional use permit and second, to start the process to consider rezoning the properties to R-3 Medium Density Residential. The Council would also like staff to notify the property owners in the area and have an open house on the rezoning separate from a neighborhood meeting with the potential senior housing developer. Northeast Corner of Golden Valley Road and Douglas Drive Hogeboom referred to the second area in question which is the northeast corner of Golden Valley Road and Douglas Drive. Currently, the Comprehensive Plan designates this area High Density. The Council discussed what density would be appropriate and how to designate the Land Use Plan map. After discussion the consensus was to consider designating the properties Medium-High Density and rezoning the R-1 Single Family residential properties to R-3 Medium Density Residential. Council/Manager Meeting Minutes April 12, 2011 — Page 3 Douglas Drive/Northeast Corner of Duluth Street Hogeboom referred to next area which is on Douglas Drive, north of the Kingdom Hall of Jehovah's Witnesses. The Council expressed concern about "down zoning" the existing Business and Professional Offices property. The consensus was to keep the one parcel zoned and designated Business and Professional Offices but consider rezoning the properties surrounding it to R-2 Moderate Density Residential. Golden Valley Road West of Decatur Avenue The next area the Council discussed was the residential area north of Golden Valley Road and West of Decatur Avenue. After discussion the Council consensus was to keep the property zoned R-3 Medium Residential and consider changing the Comprehensive Plan designation to Medium-High Density. Southwest Corner of Highway 55 and Glenwood Avenue Hogeboom referred to the next area of discussion and noted that this area is located at the southwest corner of Glenwood Avenue and Highway 55. Jeannine Clancy suggested that the public hearing for this area be considered at the same time as the first area at the southeast corner of Winnetka Avenue and Highway 55 because it was included in the Harold and Winnetka Avenue Traffic Study. The Council agreed and after discussion the consensus was to consider rezoning the properties to R-2 Moderate Density Residential and to leave the Comprehensive Plan designation as Medium-Low Density. Southwest Corner of Xenia Avenue and Glenwood Avenue The final area of discussion was the southwest corner of Xenia Avenue and Glenwood Avenue. After discussion the Council consensus was to keep the properties zoned R-1 Single Family residential and consider changing the Comprehensive Plan designation back to Low Density. Park and Picnic Shelter Facility Analysis Report Jeannine Clancy stated that funding for the analysis report was provided for in the 2011- 2015 Capital Improvement Program. She introduced Denny Langer of Environmental Process, Inc. who came to the meeting to discuss the recently completed Park and Picnic Shelter Facility Analysis Report. Mr. Langer gave an overview of the report which included the evaluation of parking lots, driveways, sidewalks, walls, windows, doors, roofs, finishes, plumbing, accessibility, HVAC systems and electrical systems. The Council discussed the effectiveness of the design of some of the roofs. Tom Burt stated that the report will guide facility improvements for expenditure of funds in the 2011 CIP and development of the 2012-2016 Capital Improvement Program. AI Lundstrom added that, when possible work is done using in-house staff. City Communications Policies Cheryl Weiler referred to the existing City Communications Policy and explained that she frequently receives requests from people who want to advertise or have links to their sites on the City's website or in other publications. She stated that she is looking for guidance from the Council on what kind of causes the City should or should not promote, and whether the Council wants to consider changing the policy. Council/Manager Meeting Minutes April 12, 2011 — Page 4 Mayor Loomis said that she thinks many of the events currently advertised on the City's website will eventually be on a Community Foundation website when one is developed. The Council agreed to keep the communications policy as is. Appointments to Northwest Suburbs Cable Communications Commission and Northwest Community TV Board of Directors The Council agreed to appoint, at the next regular Council meeting, Council Member Freiberg as one of the City's Commissioners and Tom Burt as the City's representative on the Northwest Community N Board of Directors. Proposed Livable Communitie� Act— Housing Action Plan Joe Hogeboom referred to the draft of the Livable Communities Act Housing Action Plan and reviewed the changes that were made since the Council had last seen it. After discussion the Council agreed to make the following changes: • In Section VI — Nondiscrimination — use the same non-discrimination language the State uses • In Section III — Housing Variety— add an objective regarding providing housing for people at all income levels • In Section III — Housing Variety—strike the words "major streets" in policy number 2 • In Section III — Housing Variety—strike the word "owner-occupied" in policy number 6 • In Section IV—Affordability— add language about life-cycle housing Tom Burt stated this item with the above changes will be on the next regular Council meeting agenda. Adjourn to Executive Session — Security Training The meeting adjourned at 10 pm. Lisa Wittman Administrative Assistant ofy ; � Pn �/ P Finance O �/11 N� V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 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. �� ' � � n �/ Finance O �11 N+ � 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 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. ,�'�," - City Administration/Council 0 ``, �/� �, e 763-593-8006/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. C. 1. Solicitor's License - Legacy Exteriors LLC Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go doar-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 Legacy Exteriors LLC. � Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION � �� TO: Golden Valley City Council Fee Paid: $ �. 7800 Golden Valley Road Number of Persons: �r�ltr�� Golden Valley, MN 55427 Type of License: Peddler olicitor (circle one � Enclose the sum of$ � for � (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. � .�c T°°� � �'� ��_ (Busi ess o Individual Name or Organization to be Licensed) �� (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Busin�s �. M " /° � r f � (Corporation, Proprietorship, Partnersh' , Non-Profit, State of Incorporation or Individual) .��.� �� / (Address) �/�� .�'�� i��'�`�� City, State and Zip Code) ��/ �`�� :�� (Telephone Number, including Area Cod NOW, THEREFORE, �� O1� �' hereb makes application for Y �I/ (Applicant Name) period of / through 6/30��,�subject to the conditions and provisians of said Ci e. . ., . � ; (Signatur of Applicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): � O� � � �/�d� / � � °v��/'1��' � � NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. r 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 na es an�d_�dresses f all persons engaged in eddlin�or solicitin�� th�ty: 1 `� `-5 �d' s �� D� (If more space is needed, attach additional sheets) STATE OF 1'�t i1"�Ni�d7�' ) ) ss. COUNTY OF ��`N ) � � �, t��(!` I `� ld'1 of � �'"��'� �� e (Officer/Individual) ame Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Signature of Applicant/Principal Officer) Subsc ibed and sworn to before me this day of �, , 20 l 1 - � °� (Signature) � ��s� ' JIJDITH A. M�4LLY �� y ,leo,Sl.�16 ''i I" •i t � ffi �� City Administration/Council 0 �'' �� , e 763-593-8006/763-593-8109 (fax) .: �. Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. C. 2. Solicitor's License - Brand Company Inc. Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Brand Company 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 LICEPISE APPLICATION .- U� TO: Golden Valley City Council Fee Paid: $ �S � 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: eddler Solicitor (circle one) Enclose the sum of$ y�� for �— (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. �RA� ��Ars,� T�l C (Business or Individual Name or Organization to be Licensed) 2� - �3 ��s� 2 (MN Business ID or FEIN (Federal ID)for Business Licenses) Define Business �i�-�'o�1So�� {Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) � ��6�nr/� ST SE S�r_�� {Address) �'rz.z� s��- y�� S a 3 7Z City, State and Zip Code) `�S-Z- �Fy 7-4�88 (Telephone IVumber, including Area Code) NOW, THEREFORE, A�A1�I�Q�� `�MA�I�'r(, hereby m�kes application#or / / (Applicant Name) period '�/�l �j through 6/30/lt , subject to the conditions and provisions of said City e. ' , . .___ (Signature of plican fficer) Descrip ion of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be spec�c): O�t'I� �S'��t��C� � C1l�n E IZ. , C�-�S+-�a-�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 wili be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: � 8�r� ��C N�LAS �Pr�M�S 2v�S�►� - I 7 a R Z A�E C.v+n a.r��1 S r_ �it.�o,L Za u.�. M,� ��-3qs•�so� �q�1�4►� ��u.za SYV�nPrN�r�— -- �q� 2-� �t�� l��c`��2r ti� >>2-4��-qo�� SS� �;�,nn��u la .s� - ��I� I�O� �� S. IZ.SG1�F=�l.A M�.� 763"Z`'�s�°6 (,�. �.,L��L 1L.T � Z 72 o Z� �.t�� /�c/. ,'tl. (�L y��vr(f Vf'1� (If more space is needed, attach additional sheets) STATE OF ��rV��) ) ss. COUNTY OF �N @J�„QIN ) I,I"�'�il ��I��E7Z of �� vvt A�aY ti�C (Officer/Individual) Name of Organization) being first duly swom, 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. � ignature of Appl' rincip ic�r Subscribed and swom to before me this /cl��day of /'i , 20�� (Signature) � ' �AAA�p , � � ' �U�I�FF$�. IVALI.Y NQ�ARY � I � , �51.8�L6 �OOAO�°�iAAJ0AA1l11sAAAO1Rl�� Gtit ` of� City Administration/Council O ' �� a, e 763-593-8006/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. C. 3. Solicitor's License -Associated Construction Inc. Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Associated Construction 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 O� TO: Golden Valley City Council Fee Paid: $ 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: ed Solicitor � circle one) O Enclose the sum of$ ?J� for_� (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. . ,'�, � � � I'IS��I;I��P� �'ons�ru��7or� �Y�c� � (Business or Individua ame or Organization to be Licensed) Ov `03��.� � ��G��—�� rUC„�-��__.��e (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business �� 1� � � � (Corporation, Proprietorship, Part rship, Non-Profit, State of Incorporation or dividu /' � ��,a�� - - (Ad'dress) ��'�.�� l�� s��/ City, State and Zip Code) �c�/`' �D�°�`"�/� (Telephone Number, including Area Code) NOW, THEREFORE, �'�� -,� hereby makes application for (Applicant Name) period of� ' ? ` /� through 6/30/�, subject to the conditions and provisions of said City Code. !�"`�'° , - (Signature of ApplicanUPrincipal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): ��`� �,��1° �� • ��J�T �.C��, �� `' �1/ $� i��d'r�c ��,��q�l�� NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: '�°�� '�-�t°�°� �� o�°n.e� S� a�c�°�e.�d� o.�J.C' s�� r (If more space is needed, attach additional sheets) STATE OF �'{'��nJ�� ) ) ss. COUNTY OF �L.NII��I�) I, � `�o �C' -e.� of �SS��''�-�� l,��I�� 1'l� . (Office /Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. � Signature of Applicant/Principal OfFcer) Subscribed and sworn to before me this da of �"! , 20� � � (Signature) a JUDiTH A. 611ALLY �r'�v � �.�,.� �� .� � �' �a City Administration/Council O ' �� , e 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda ltem 3. C. 4. Gambling License Application to Conduct Excluded Bingo - Sons of the American Legion Post 523 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. Attachments Application to Conduct Excluded Bingo (2 pages) Recommended Action Motion to approve the gambling license application to conduct excluded bingo for Sons of the American Legion Post#523. 3/11 Minnesota Lawfu/ Gambling Page 1 of 2 LG240B Application to Conduct Excluded Bingo No fee ORGANIZATION INFORMATION Organization name Previous gambling permit number Sons of The American Legion Post 523 11Ainnesota tax ID number, if any Federal employer ID number,if any Type of nonprofit oraanization. Chedc (�1 one. _�,Fratemal _�, Religious _� Veterans �Other nonprofit organization Mailing address City State Zip Code County 200 No. Lilac Dr. Golden Valley MN gg422 Henn ATTACH A COPY OF ON,�, OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS * Do not attach a sales tax exempt status or federal ID employer number as they are not proof of nonprofrt status. �,�✓ Nonprofit Articles of Incorporation OR a current Certificate of Goad 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 I�, Internal Revenue Service-IRS 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 corrtact the IRS at 877-829-5500. � Internat Revenue Service-Afflliate of national,statewide,or interna�onal parent nonproflt organiza�on(charter) If your organization falls under a parerrt organization,attach copies of �F of the following: a. IRS letter showing your parent organ'ization is a nonprofit 501(c)organization with a group ruling,and b. the charter or letter from your parent organiza6on recognizing your organization as a subordinate. EXCLUDED BINGO ACTIVITY 1. ✓�No �Yes Has your organization held a bingo event in the currerrt calendar year? If yes, list the dates when bingo was conducted 2. The proposed bingo event for which vue are applying will be: i r one of four or fewer bingo everrts held this year. Dates 11/18/11 OR �conducted up to 12 consecutive days in connection with a: �county fair. Dates civic celebration. Dates Minnesota state fair. Dates 3. Person in charge of bingo event David Jenkins Daytime phone 612-618-3330 4. Name of premises where bingo wrill be conducted Golden Valley Ame�can Legion Post 523 5. Premises street address 200 No. Lilac Dr. 6. City Golden Valley If township, name of township County Henn Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Otherwise,bingo hard cards,bingo p aper, and bingo number selection devices must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-839-4000. Be sure to complete page 2 Page 2 of 2 LG240B Application to Conduct Exciuded Bingo 3/11 Chief Executive Officer's Signature Print form and:t�ave CEO sign` The informafion pmvided in this app ' tio is complete and accurate to the hest of my knowledge. Chief executive officer's signature cU � Phone number 612-6�8-3330 Name (p�ease print) David Jenkitls �ate 05/03/2011 Local Unit of Government Acknowledgment and Approval If the gambling pr�mises is within city limifs,the city must sign this application. On behalfofthe city, l approve this applica6on for C'��.��.�y� U��,� excludedbingoactivityatthepremiseslocatedwithin Prin name � the city's jurisdiction. Signa of city rsonnel receivi applic�tion Title�J�7�1/7� � Date � � tf the gambling pr+emises is located in a township, onty the couMy is required to sign this applicadon. For the county: On behalf of the cour�ty, I approve print county name this application for exc/udeal bingo aciivity at the premises located wifhin the county's jurisdiction. Signature of county personnel receiving application Title Date For the township: On behalf of the township, (Township signature is not required) l acknowledge that the organization is applying for exc/uded bingo actnrity within the township timi�s. Print township name A township has no statutory authority to approve or Signature of township official acknowledging application deny an application(Minn.Stat 349.166, Subd.2). TiUe Date Mail Application and Attachment(s) Send the applic�tion and proof of nonprofit You will receive a dacument from the Gambling Corrtrol Board with status to: your excluded permit number for the gambling activity. Your Gambling Corrtrol Board organization must keep its bingo records for 3-1/2 years. Suite 300 Sou� 1771 W.CouMy Rd.B qu�ons? Corrtact the Gambling Corrtrol Board at 651-639-4000. Roseville,MN 55113 This form will be made available in aftemative format(i,e.large prirrt, Or, you may fax it to 651-539�032. g��e) upon request ReSet Fo1'm Data privacy notice: The information Your organizatfon's name and Private data a6out your organizatfon are requested on this form (and any address wlll be pubi(c available to: eoard members, Board staff attachments) will be used by the informatlon when received by whose work requires access to the Gambling Control Board (Board) to the Bpard. All other information (nformation; Mtnnesota's Department of determ(ne your organization's provided wlll be private data Public Safety; Attorney General; qualifications to be involved in lawful about your organization untlt Commissioners of Administration, gambling activities in MinnesoCa. Your the Board issues the permit. Minnesota Management & Budget, and organizatlon has the rtght to refuse to When the Board (ssues the Revenue; Legislative Auditor, natlonal and supply the information; however, if your permit, all informatton provided international gambling regulatory agencies; organlzation refuses to supply this w(II become public. If the Board anyone pursuant to court order; other informatton, the Board may not be able does not issue a permit, all indlviduals and agencies specificaliy to determtne your organization's information provided remafns euthorized by state or federal law to have qualifications and, as a consequence, private, with the exception of access to the informatlon; Indivlduals and may refuse to issue a permit. If your your organization's name and agenctes for whtch law or legal order organization supplies the information address which wfll remain publlc, authorizes a neav use or sharing of requested, the Board wlll be able to information after this notice was given; and Qrocess your organization's application. anyone with your wrltten consent. GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes April 25, 2011 Present: Commissioners, Baker, Gitelis, Hill, Pawluk, Stremel, Joe Hogeboom, City Planner, Michael Simmons, Planning Intern and Lisa Nesbitt, Administrative Assistant Absent: Commissioner Anderson 1. Call to Order Baker called the meeting to order at 7:00 pm. 2. Approval of Reqular Meetinq Minutes — Februarv 28, 2011 MOVED by Stremel, seconded by Gitelis, and the motion carried unanimously to approve the minutes of the February 28, 2011. 3. Residential Solid Waste and Recvclinq Studv Hogeboom and Simmons reviewed information about current licensing requirements for solid waste haulers as well as information found on the websites of the licensed haulers in the City. The number of licensed haulers in the City has declined in the past few years. Hogeboom will research the trends in the number of licensed haulers over the years and bring the information to the next meeting. The commissioners expressed an interest in having information on each hauler, listed on the City's website. Hogeboom will invite the City's Communicafion Coordinator to the next meeting to discuss the request. The possibility of dividing the city into collection zones was discussed. Simmons will research the potential zoning areas. The commissioners recognized that this option may not be feasible. Staff has agreed to talk to some of the cities that currently having zoning in place. Commissioners came up with a list of potential requirements for licensing as a means of encouraging environmentally sound practices and efficiency from the haulers in the City. • Curbside pick-up of electronics • Allow yard waste containers vs. bags • Neighborhood group rates • Provide containers from recycled materials • Discounts for special services • Same day pick up for waste and recycling • Require that rates be published on the hauler's website, including the rate period Staff will review the list with the City attorney. MPCA is looking at a state-wide solution to construction and demolition waste. They will be conducting a survey and may solicit input from the commission. The commission will wait to see the results of the MPCA study before taking action on this in the city. Minutes of the Environmental Commission April 25, 2011 Page 2 of 2 The recycling contract negotiation status update will be given next month. The requirement to contract with a licensed hauler and the educational materials to residents will be added to the agenda as well. 4. Program/Proiect Updates A. TMDL—summary on-file B. I/I — Commissioners were given a copy of the most recent quarterly status report. C. Private Development Update —summary on-file 5. Commission Member Council Reports None 6. Other Business Eureka Recycling and Alliance for Sustainability are hosting an event titled "Zero Waste Gathering for Metro City Environmental Commissions" on April 28th at Midtown Global Market. Gitelis will be attending along with any other commissioners that are available to attend. Hill reported that the City along with Barr Engineering is conducting a study of water management through Decola Ponds. She requested that this study be added to the commission's agenda. 7. Adiourn MOVED by Pawluk, seconded by Hill, and the motion carried to adjourn. The meeting adjourned at 8:30 pm. The next scheduled meeting will be May 23, 2011 at 7:00 pm. MINUTES Envision Connection Project Executive Board March 17, 2011 7 pm, Brookview Community Center, Conference Room Board of Directors: Linda Loomis, Chair, Lynn Gitelis, Sharon Glover, Helene Johnson, Philip Lund, Dean Penk, Marshall Tanick, Blair Tremere Members Absent: Jim Heidelberg, Cindy Inselmann, Luke Weisberg Staff: Sandy Werts. 1. Call to Order The Meeting was called to order by Mayor Linda Loomis at 7:20 pm 2. Approval of Agenda Motion: It was moved by Tremere and seconded by Johnson to approve the agenda as presented. The motion was approved unanimously. 3. Approval of the Minutes of February 17, 2011 Motion: It was moved by Tremere and seconded by Johnson to approve the minutes as presented. The motion was approved unanimously. 4. New Business - None 5. Proposed Community Foundation/Non-Profit Loomis heard from Sheila Miller who has the rights to the domain name of goldenvalley.org, that it will be available as of March 17. Tremere said it should be secured. Gitelis suggested trying to get .net and.com also. Loomis will try to reach Miller to say that Envision is interested. Penk said that at this time he has reserved GVCFoundation.org and goldenvalleycommunityfoundation.org. Penk said the bylaws are completed. Tremere and Glover are completing the paperwork. The Golden Valley Community Events Fund met and passed a resolution to dissolve and signed the papers. The Transition board is meeting neut week to work on giving and cultivation/marketing. Penk is meeting with the Human Services Foundation on May 8. Penk said they must figure out a date to register. He is now looking at 4-11-11. Tremere and Glover met with the attorney from the Management Assistance Program for Non-Profits (MAP). The attorney said the by-laws are fine, and instead of filing an amendment, to file a "Restatement of Articles". City Council Workshop — Penk gave an overview to the Council on March 8. Gitelis recommended "techsoup" as a resource. The Fundraising School comes to Minnesota once a year according to Glover. She said It is very helpful. Loomis will open City Hall at 6:30 pm on Tuesday, March 22 for the transition Board Meeting. 6. Bridge Building Activities a. Bridge Builders Quarterly Meeting—winter— Loomis has not set up a location. Penk received an e-mail from a neighbor about the Wirth Park Community Advisory Committee. There is a link to some proposed redesign plans. He will forward the e-mail with the link to the Envision Board. According to Loomis, the Minneapolis Park Board invited Golden Valley to have a member on the Committee. Damon Struyk was appointed. They have three study groups — north, southwest (bog region) and back 40 (Twin and Sweeney Lakes region). The meetings are open to the public. b. Farmers Market— Loomis said the Farmers Market will be a reality. The first day is Sunday June 26. Kristine Frey is in contact with the City Manager and City Attorney to work out the details. The City Council approved the plan at the last meeting. The group is a 501.c 4. They will use the space under the water tower. Tanick said it would be nice to have a booth there. c. Lilac Planting —The Lilac Planning Team met on March 7. They are planning to plant the area from Glenwood Drive East to Douglas Drive. Werts said she just received an e-mail from AI Lundstrom, the Environmental Coordinator, who asked the group not to plant the circle by the light at Douglas Drive and Hwy 55 because of construction plans at the intersection. . d. Valley Volunteer Dav—the committee consisting of Johnson, Gitelis, Penk, and Jennifer Lara met on March 14. The day may be scaled back for this year, focusing on Neighbors Helping Neighbors, Lilac Planting and Buckthorn busting. There will also be a family art project to include young children. e. Neighbors Helpin_q Nei_ghbors-the Spring Blitz is on April 30. There is still a need for homes that need work done. Loomis said that the challenge is for people to know that it is O.K. to have people (volunteers) come to do the work. This day is to promote awareness for the program. f. Envision Award — Penk said he would write the article on Saturday. Tanick brought up that Sharon Soike is pursuing a "hall of fame" for Golden Valley as part of the 125th Anniversary. This would not compete with the Visi Award. g. Memorial Dav—According to Loomis, the VFW and Legion doesn't have the commitment to the event. It would still be nice to do something for Memorial Day. According to Tanick, he and DeDe Scanlon have talked about putting up a display of military artifacts at city around Memorial Day. This item will be removed from the agenda next month. h. Ice Cream Social —Tanick has contacted sponsors for the past. He has been able to raise $500 to $600 for this event. Penk will contact the person who donates ice cream and will remind him that the 125t" anniversary is this year and see if he would come up with a special flavor for the event. i. �uckthorn Bustinq —This will be part of the Valley Volunteer Day. Tremere would still like to have a seminar. It would cost about $100 for the speaker. There are Iots of venues to pull buckthorn on city property. The city has tools for people to borrow to use on their own property. Lund suggested removing this item from � the agenda. j. Garden Club/Community Gardens — Garden Club —The evening club met this week. Pat Tomko from the morning club came to the evening group to talk about lilac planting. The morning club is still intent on being a sponsor of the lilac planting lunch. Community Garden — Gitelis said there are plenty of people interested in planting a garden, but no one who wants to serve on a board of directors. Golden Valley Lutheran has land and also wants to do something there. Lund asked why not make gardens on land where a dog park was suggested. Loomis replied that the open area was a parking lot at one time, and may not be suitable. She also said there is an area near St. Margaret Mary that is owned by the city of Minneapolis. She continued that with the upcoming Farmers Market, it may spur more interest in community gardens and might be a good place to find people for a board. 7. 125 Anniversary Planning The next meeting is on March 23 at Brookview. According to Tanick the committee is moving along and there are programs in progress. He is working on visits to schools— possibly Breck, Perpich and Sandburg. The Golden Valley Country Club has offered their facility free of charge for any 125t" anniversary events. Tremere is working on a time capsule. Press releases have gone out requesting ideas to go into a time capsule. Loomis said the Sun Post will be publishing the first on a series about Golden Valley Organizations. The League of Women Voters will be the first one featured. Information came out about upcoming activities in the parks and recreation brochure on the first page. Werts has submitted information to go onto the website and to be made into a flyer that can be given out or sent out. Tanick said that Central Bank may make a donation. Tremere said he has talked informally to the City Manager and Sue Virnig about setting up a fund account for the donations and expenses. 8. Valley Day— Lund said they are working on the parade route. They would like more organizations in the parade which will end in Brookview Park. Lund said it would be nice if the Historical Society would have a speaker at their display. Werts asked what the Envision Committee needed to do to get ready for a booth at Valley Day. Penk replied that all the cards should be updated. It would be nice to have a display board instead of having them on a table. A suggestion was made to sell lapel pins for the 125t" there. 9. Communications • Faith Community Meeting — Loomis said there was a nice turnout to hear the speaker from Heading Home Hennepin. Sue Weber was present, so there may be something in the Sun Post. 10.Recruitment of Members to Executive Board 11.2011 Future Meetings - The next meeting was changed to Wednesday, April 20. The May meeting will be on May 12 so that it is a week before Valley Day. 12.Adjournment—The meeting adjourned at 9:20 pm. JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of May 4, 2011 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Jeannine Clancy, Public Works Director Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Randy Kloepper, Utility Supervisor, Crystal Tom Mathisen, Director of Public Works, Crystal Guy Johnson, Director of Public Works, New Hope Other Mark Hanson, Bonestroo Minutes of April 6, 2011 MOVED by McDonald seconded by Norris and motion carried unanimously to approve the minutes of the April 6, 2011 meeting. Preview of Mav 11, Tri-City Council Meeting Scott Harder will be contacting the three City Managers about the presentation he will present to the Tri-City Council Meeting. At the Tri-City meeting the JWC Commission will be asking each Council to adopt a Resolution for a back-up water supply. Update on studv of JWC 36" Force Main throuqh Robbinsdale Mark Bonestroo gave a preliminary review of the pipe. The JWC Commission will be contacting the City of Robbinsdale and Hennepin County with regards to options available in regards to the water main. EPI Contract for Air Conditioninq Proiect at Golden Vallev Pump House A contract with EPI in the amount of$9,800 for air control for the Golden Valley Pump House. MOVED by McDonald, seconded by Norris, to approve the contract in the amount of $9,800 from CPI, for contractual services to complete the air conditioning project at Golden Valley, JWC pump house, the motion carried unanimously. Joint Water Commission Page2of2 Other Business There was no other business. Next Meetina The next meeting will be June 1, 2011 Adiournment The meeting was adjourned at 2:40 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant Basset� Creek Wat�rshed Management Commission Mi�ut�s of th� M�sti�ng of'.A,pril �1, 2p�1 1. Call to Order The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:35 a.m.,on Thursday,Apri121,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert conducted roll call. Roll Call Crystal Commissioner Pauline Langsdorf Administrator� Geoff Nash Golden Valley Commissioner Linda Loomis,Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Commissioner Michael Welch,Treasurer Recorder Amy Herbert Minnetonka Absent New Hope Commissioner John Elder Plymouth Commissioner Ginny Black,Vfce Chair Robbinsdale Absent St.Louis Park Commissioner Jim de Lambert,Secretary Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Caroline Amplatz,Caroline's Kids Foundation Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Jack Frost,Metropolitan Council Environmental Services Christopher Gise,Watershed Resident Kari Genrts,Caroline's Kids Foundation Dave Iianson,Alternate Commissioner,City of Golden Valley Len Kremer,Barr Engineering Company 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 A1 Sarvi,New Hope Resideat Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka 2. Ap�r�oual vf Agentla and ��ns�nt Agenda Commissioner Black moved to approve the Consent Agenda and the Agenda.Commissioner Elder seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from voteJ. 3. Citizen Input on Non-Agenda Items No citizen input on non-agenda items. 4. Administration A. Presentation of March 17,2011,Meeting Minutes.The meeting minutes were approved at part of the Consent Agenda. B. Presentation of Financial Statements.The April Financial Report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the Apri12011 Financial Report are as follows: Checking Account Balance $688,309.83 TOTAL GENERAL FUND BALANCE $688,309.83 Construction Account Cash Balance 2,374,743.17 Investment due 5/13/2015 508,918.39 Investment due 9/16/2015 512,059.83 TOTAL CONSTRUCTIONACCOUNT BALANCE 3,395,721.39 -Less: Reserved for CIP projects 4,891,909.20 Construction cash/investments available for projects (1,496,187.81) C. Presentation of Invoices for Payment Approval. � i. Kennedy&Graven—Legal Services through 2/28/11—invoice for the amount of $1,489.80. ii. Barr Engineering Company—Engineering Services through 3/25/11—invoice for the amount of$41,544.94. iii. Watershed Consulting,LLC—Geoff Nash Administrator Services through 3/3U11— invoice for the amount of$3,771.30. iv. D'amico-ACE Catering—April BCWMC meeting catering—invoice for the amount of $328.32. o v. Shingle Creek—2011 WMWA Workshops through 4/6/11—invoice for the amount of $954.53. vi. Shingle Creek—WMWA General Expense Quarterly Invoice—invoice for the amount of $150.93. vii. Rice Creek Watershed District—Blue Thumb brochures for Education Committee— invoice for the amount of$94.00. viii. 5EH—Sweeney Lake TNIDL Study through 3/15/11—invaice for the amount of$1,222.50. Commissioner Black moved to approve payment of all invoices clarifying that the payment for the WMWA invoice for its quarterly general expenses is for the amount of$150.93.Commissioner Langsdorf seconded the motion.Bv call of roll the motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. D. Final Decision on 2011 CAMP Monitoring and Contract with Met Council Environmental Services for 2011 CAMP Program.Commissioner Black moved approving the CAMP program for six of the seven sites sampled in 2010 and adding a second sample site on Medicine Lake if the BCWMC could find the additional funds in the budget.Commissioner Hoshal seconded the motion.The Commission clarified that the six historical sample sites referenced in Commissioner Black's motion were Medicine Lake,Northwood Lake,Sweeney Lake site one,Sweeney Lake site two(north),Twin Lake,and Westwood Lake The Commission discussed that the 2011 costs to sample a s�te will be$550 per lake and that new sample kits cost between$150 and$200. Commissioner Welch made the friendly amendment that the additional costs above the 2011 budgeted amount for the CAMP program be invoiced to the 2011 Demonstration/Education Grants budget line.Commissioners Black and Hoshal approved the friendly amendment.The motion carczed unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. E. Motion Not to Waive Monetary Limits on BCWMC's Tort Liability Insurance through LMCIT. Commissioner Welch moved not to waive the monetary limits on the BCWMC's tort liability insurance through the LMCIT.Commissioner Black seconded the motion.The motion carried 2 BCWMC Apri121,2011,Meeting 1Vlinutes unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. F. Execute Contract with Kennedy&Graven for Legal Services to the BCWMC for 2011-2012. Commissioner Welch moved to execute the contract with Kennedy& Graven for legal services to the BCWMC for 2011-2012.Commissioner de Lambert seconded the moNon.The motion carried � unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. '�J. N�:W 8�5��"1�55 . ' A. Discuss Draft 2010 Annual Report.Commissioner Hoshal commented that the report should note in what ways the report has been streamlined from the 2009 annual report format.Administrator Nash said that he would mail out the draft annual report to the Commission and recommended that the Commission add an item to its May agenda to approve the fina12010 annual report.Chair Loomis directed the Commission to get its comments to Administrator Nash by Saturday,April 30"'. B. Contract for 2011 and 2012 Engineering and Technical Services.Administrator Nash summarized the information that was e-mailed to the Commission about the Barr Engineering Company transition plan and he provided an overview of proposed changes to the contract in place between the Commission and Barr Engineering Company.Commissioner Black moved to approve the contract for 2011 and 2012 Engineering and Technical 5ervices using the fee schedule used in 2010.The motion was not seconded.Commissioner Welch asked about the mark-ups indicated in the contract's terms and conditions and that were iniNaled by Len Kremer.Mr.Kremer said those changes to the terms and condihons retlected changes that were discussed with the Commission's legal counsel and that were approved by the Commission in the Commission's previous contract process with Barr Engineering Company.Mr.LeFevere commented that in summary he had discussed with Barr Engineering Company the idea that Barr Engineering Company remove certain terms and conditions that limited the Company's liability.Commissioner Welch commented that he would be more comfortable with delaying approval to allow the Commission more time to review the contrack Chair Loomis directed staff to put the item onto the Commission's May agenda. '�. ��C� BUSII"feSS A. Cooperative Agreement for Sweeney Lake Outlet Reconstruction Feasibility Report.Mr. LeFevere explained that at the last meeting the Commiss�on directed him to prepare an agreement to be executed between the City of Golden Valley and the BCWMC under which the Commission would agree to reimburse the City of Golden Valley for the preparation of a feasibility report. Commissioner Hoshal mentioned an edit to be made in paragraph 4 where the reference states ' paragraph 5 but should state paragraph 3.Counsel and the Commission agreed with the edit. Commissioner Welch said that the nature of the agreement is that the City will prepare the feasibility report.He said that based on his review of the March 2011 meeting minutes it appeared that the Commission discussed not only that the City would contract for the preparation for the feasibility report and for the actual project construction but that the Commiss�on would be allowed to approve the selection of who the City contracted with to do the work.Commissioner Welch said that if the feasibility report and the work are let together so that the same entity does both pieces and the process for bids is a sealed bid process,then the Commission would need to go �with the lowest bidder and would not really have an opportunity to review proposals and bids. Mr.LeFevere said that in order to hold a public hearing the Commission needs a feasibility report and he clarif ed that this agreement only addresses the feasibility report.He said that the contract discussion at the previous Commission meeting wasn't about a construction contract but was about a cooperative agreement between the City and the Commission and that will need to be executed if the Commfssion decides to go ahead with the contract. Commissioner Welch asked if there is a timing issue with regard to the Commission having the 3 BCWMC Apri121,2011,Meeting Minutes opportunity to weigh in on who the City selects to prepare the feasibility report.Mr.LeFevere said that ordinarily the Cooperative Agreements provide that the City will do the design engineering and inspection and that the City can do it in-house or can coatact out for it.He said that in this case the agreement is for a feasibility study,wluch the City can do in-house or can farm out.He said that he doesn't recall in the past the Commission saying yes or no to a city's selection of consulting engineers. Commissioner Welch said that the Commission has a continued fuzziness on the Commission's policy and procedure on the contracting for feasibility studies.Mr. LeFevere said that the City of Golden VaAey communicated that it felt that ultimately it would be doing the project with an engineer of the City's selection,ff the Commission decides to move ahead with the project,and that the City thought it would make sense for the City to select the same engineer for the feasibility study and the construction so there would be continuity. Commissioner Welch said that the Commission should work to achieve clarity on where it will have input on projects because the feasibility study weighs the various options that could be accomplished.He said that he has a particular interest in the Commission's role in having input, review,and/or approval of the design of projects and components that are being constructed with Commission funds. Caroline Amplatz raised her concern about information she received about the dam having been illegally altered in the past and she wondered if the Commission's money should be spent fitring this vandalism in light of the question of how such an action could be prevented from happening again after the Commission spends funds to fix the dam.Mr.Oliver replied that the alteration of the dam did occur sometime and that the alteration did raise the water level of the lake three to six inches but that the more pressing issue is that erosion occurred around the edges of the dam. He explained that the dam was constructed sometime in the 1970s and that although it has served its function well it is not a legal structure or an appropriate structure for the role that the lake serves for the overall watershed with regard to flood control.He continued by saying that the City requested that a new outlet structure be installed in order for the dam to be a conforming outlet structure that is a dam of record with the Department of Natural Resources. Caroliae Amplatz asked if there is any scientific data to shed light on whether the level of water in Sweeney Lake affects the water quality of Twin Lake and she asked if such information should be considered in light of the proposed dam project.Mr.Kremer answered that the watershed of Sweeney Lake is much greater than the watershed of Twin Lake,so when there is a f7ood or a significant rainfall,Sweeney Lake may raise by Four and a half or five feet and then the water would tlow into Twin Lake.He said that when the water level drops the water then would flow back into Sweeney.Mr.Kremer commented that the proposed dam will not have a signi�cant effect on that process.He explained that for severe events there are controls downstream of the dam that regulates the flows going into Bassett Creek and those controls won't change.He said that the water qua�ity of Sweeney Lake does affect the water quality of Twin Lake. Commissioner Black moved to approve entering into the Cooperative Agreement with the City of Golden Valley for the Sweeney Lake Outlet reconstruction feasibility report with the change noted by Commissioner Hoshal in paragraph 4.Commissioner Elder seconded the motion. Commissioner Welch added the friendly amendment that the report will be presented to the Commission.Commissioners Black and Elder approved the friendly amendment.The motion carried unanimouslv with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. B. Funding/Cooperat�ve Agreement for Bassett Creek Main Stem Restoralaon Project. Commissioner Black moved to approve the amendments to both the Cooperative Agreement for the Bassett Creek Main Stem Restoration Project and the Plymouth Creek Restoration Project. Commissioner Welch seconded the motion.Ms.Chandler noted that the amendments are necessary due to the need to decrease the amounts that the Comm�ssion will reimburse the City of Golden Valley and the City of Plymouth for those two projects because of the grant funds received by the two ciNes for those projects.The motion carried unanimouslv with seven votes in favor [Citaes of Minnetonka and Robbinsdale absent from vote]. 4 BCWMC April 21,2011,Meeting Minutes C. Fuading/Cooperative Agreement for Plymouth Creek Restoration Project.See discussion aad act�on in item 6A. D. Reimbursement Request from the City of Plymouth for Plymouth Creek Restoration Project. Commissioner Black moved to approve reimbursing the City of Plymouth in the amount of $568,622.33 for the Plymouth Creek Restoration Project.Commissioner Elder seconded the motion.Bv call of roll the motion carried unanimously with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. E. TAC Recommendations i. Transition Plan for Barr Engineering Company.Administrator Nash mentioned that the Commission had discussed the transition plan,as described in the April 15,2011,memo from Barr Engineering,during an earlier agenda item.He commented that the TAC did have suggestions to the draft transition plan and that the suggestions were incorporated into the�nal plan and that the TAC approved the plan,which was e-mailed to the Commission.Administrator Nash said that the TAC recommended that at his discretion he request that Jim Herbert of Barr Engineering attend meetings where his technical input on projects need to be discussed by the TAC or the Commission. Commissioner Welch commented that the TAC discussed that there are various staff at Barr Engineering including Jim Herbert among others that provide technical e�ertise on BCWMC projects and that Administrator Nash would handle the logist�cal details of setting up when the Commiss�on and the TAC need input at meetings from those experts. fi. Engineering/Technical Pool.Administrator Nash said that the TAC reviewed a 2009 RFQ (Request for Qualifications)prepared by the Scott County Watershed Management Organization(WMO)for consulting services.He reported that the TAC recommended that he produce a similar document for the Commission's review and he asked for that direction from the Commission.Commissioner Black moved to direct Administrator Nash to prepare the RFQ.Commissioner Elder seconded the motion. Commissioner Welch said that he supports the idea of the Commission more actively soliciting work from other parties who provide services.He said that he doesn't support the idea of creating a pre-approved pool of contractors.Commissioner Welch commented that he thinks that the areas of feasibility studies and design are two areas where the Commission could get a lot of beneft from bringing in someone with particular eacpertise due to their history and staff in certain disciplines.He said that the TAC discussed using the professional services pool for the areas oF feasibility studies and TMDLs but that he is concerned that because the Commission won't be doing that many feasibility studies and TMDLs there is a risk that the pool would be created but the�irms wouldn't get work from the Commission.Commissioner Welch continued by saying that he thinks the Commission would receive just as much benefit from identifying projects for which the Commission would solicit reqnests and then soliciting requests for those projects.He said that he isn't sure what the Commission would gain from having a pool and he wondered how the Commission could narrow down�rans into a pool without having details on the spec�ic project e�cpertise needed, Admfnistrator Nash agreed that Commissioner Welch's suggestion is a much more targeted approach and that it would be easier for a consultant to respond to a request such �s Commissioner Welch descr➢bed as opposed to a shot-gun approach. Commissioner Black said that there were two Commission projects this year that didn't go out for an RFP because of the tight project schedules.She said that she would like the Commissaon to have some ability to draw From a preapproved list so that it doesn't face the timeline fssues it has faced in the past. Mr.Oliver stated that the process of going through an RFP is e�cpensive and that a pool would reduce the cost to the Commission and would streamline the process. 5 BCWMC Apri121,2011,MeeHng Minutes Mr.LeFevere commented that he didn't think that the two ideas were mutually exclusive. Kari Geurts asked about the process that would be undertaken to identify the�rms that would get into the pool. Chair Loomis said that the motion on the table is for the Administrator to prepare a request for qualifications that would then be reviewed by the Commission and the Technical Advisory Committee. Commissioner Welch commented that an RFQ to identify a pre-quali�ed pool costs�irms money just to get in the door.He said that services agreements could be approached as an RFP process that is as quick and specifc as a two or three letter process and that there doesn't need to be a pre-qnalification to do proceed in that manner. By call of roll,the motion carried with six votes in favor[City of Minneapolis opposed the motion; Cities of Minnetonka and Robbinsdale were absent from the vote].Chair Loomis directed the TAC to review the draft RFQ at its next meeting and for the RFQ to come in front of the Commission at its June meeting. iii. 2011 Watershed Tour.Administrator Nash said the TAC discussed allowing 20 to 25 minutes for each stop and that city staff would provide comments on projects during the bus ride to the projects.He said that the TAC recommended that he work on a schedule and an itinerary. iv. Addition of more Lakes to the CAMP program and Changes to Sweeney and Twin Lakes Monitoring.Kari Geurts asked about the TAC recommendation that the Twin Lake water quality monitoring be moved from 2012 to 2014.Ms.Chandler explained that the reason for the recommendation to delay the detailed water quality monitoring on Twin Lake is because the Commission collected detailed monitoring data on Sweeney and Twin Lakes in 2008 and 2009 and then also did an additional study of Twin Lake in 2010..She stated that the Commission did take acNon to continue participating in the CAMP monitoring program in 2011 for Sweeney Lake.Ms.Chandler added that the Commission hopes that the Sweeney Lake TMDL will be approved shortly and with that approval it would be good for the Comm�ssion to have detailed monitoring take place at least a couple of years after the TMDL is approved in order to be able to evaluate how well the lake fs responding to actions taldng place in the watershed.Ms. Chandler said that 2012 is too early to be able to see that information.Ms.Geurts asked how the delay of the monitoring on Twin Lake would at�ect the aeration of Sweeney Lake.Ms.Chandler said that previously the aeration was turned off for the year of the monitoring.Chair Loomis said the Commissfon hasn't discussed aeration yet in terms of future needs to monitor Sweeney Lake. Commissioner Welch asked if the CAMP monitoring data would provide the Commission with the water quality information it would need in order to be able to make comparisons. Ms.Chandler said probably no� Ms.Amplatz said that it was her understanding that the Commission hasn't made a list of priorities for use of Sweeney Lake and that she was wondering if the Commission would be willing to make a list of use priorities for the lake and to make a statement of the most important use of the lake or to make a statement to endorse and support the priority list in the Sweeney Lake TMDL study,which she thought identified that swimming in the lake was the number one priority. Ms.Chandler said that she thinks that the through the TMDL the BCWMC adopts the MPCA's priorities.Chair Loonus stated that the Commission's Watershed Management Plan documents the BCWMC's water quality goals for Sweeney Lake.Mr.Oliver safd that the classification identi�ed for Sweeney Lake is full-body contac� Commissioner Welch said that the Commission's goal is a water quality goal and does not dictate goals for uses.Ms.Amplatz asked if eliminating blue-green algae would be a water quality goal for Sweeney Lake.Mr.Mathisen commentecl that algae is responsive to phosphorus and that the Commission is workfng to improve water quality,which over the timeline of 20 to 6 BCWMC April 21,2011,Meeting Minutes 40 years should see improvements due to the Commission's and cities'projects and will hopefully lead to improvements in areas such as usability of the water bodies. Mr.Kremer added that TMDLs call for MS4s to prepare a progress report on how well the lake is responding to BMPs that have been implemented.He said the Commission will want to schedule testing that coordinates with that reporting schedule. Commissioner Welch asked if the Commission discussed options in light of Dr.Pilgrim's information on Twin Lake last month.Ms. Chandler said that some options were presented by Dr.Pilgrim but the Commission didn't discuss them in detail and did not discuss how to proceed. Chair Loomis directed staff to add to one of the upcoming future BCWMC meeting agendas an item regaqrding how the Commiss�on should proceed with regard to the information presented by Dr.Pilgrim in March on the water qualiLy of Twin Lake. Ms.Geurts commented that maybe the Commission would want to monitor Twin Lake as originally scheduled because the Commission may need more data.Ms.Chandler stated that as part of the upcoming 2012 budget process the Commission Engineer can provide the Budget Committee with information on the costs of 2012 monitoring,which will help with the discussion. Ms.Black said that she would like for the Commission to accept the changes to the BCWMC's monitoring program as described in the Apri112,2011,TAC memo.Chair Loomis directed staff to proceed with preparing the 2012 monitoring program budget with the changes discussed for review during the 2012 budget review.Commissioner Welch encouraged the Commission Engineer to stay on top of the need for assessment of Twin Lake and 5weeney Lake. Ms.Langsdorf said that an edit should be made to the TAC memo under number two, first paragraph,sixth line,where the reference to the April meeting should be changed to read the March meeting. Chair Loomis announced that the next TAC meeting will be May 5"'and that Commissioner Harper-Lore is slated to be the Commission liaison at the meeting. Commissioner Black volunteered to be the liaison if Commissioner Harper-Lore isn't available to make ik F. Clean Water Legacy Grant Fund-Local Match Update.Adminfstrator Nash said that tlus update closes the cfrcle on the modifications to the grant applfcation to BWSR related to the two streambank restoration projects.He said that Brad Wozney approved the modi�cation to the application amount regarding the lower local match amount.Admin�strator Nash announced that the Wirth Lake Outlet agreement with BWSR was signed by Chair Loomis and that he has asked Deputy Treasurer Sue Virnig to let the Commission know when the check from BWSR is received. G. Education Committee. i. Commissioner Langsdorf announced that the West Metro Water Alliance's(WMWA) March volume management workshop was cancelled due to snow and has been rescheduled for May 31�`. iia Commissioner Langsdorf said that WMWA's nutrient management workshop will be held on May 18�'at the Maple Grove City Hall. iri. Commissioner Langsdorf reported that WMWA held the rural volume management workshop and that 20 people attended and that it went well. iv. Commissioner Langsdorf announced that the next WMWA meeting will be on May 10�'at Plymouth City Hall at 8:30 a.m. v, Commissioner Langsdorf reported that the Commfssion had its display up at the 7 BCWMC Apri121,2011,Meeting Minutes Plymouth Yard&Garden E�o. vi. Commissioner Langsdorf said that the Commission will have its display at the May 12`n Zachary Lane School Environmental Fair,which will be held at the school from 5:30 p.m. to 8:00 p.m. vii. Commissioner Langsdorf announced that she handed out some of the Blue Thumb brochures to each of the BCWMC's member cit�es and that she has left the rest of the brochures with the exhibit. viii. Commissioner Langsdorf reported that the Education Committee recommended that Admiaistrator Nash be the BCWMC contact for Blue Thumb so that information will be sent to him from Blue Thumb to be passed on to the Education Committee. ix. Commissioner Langsdorf asked if anyone saw the education newspaper article on rain gardens and Chair Loomis said that it ran in the Golden Valley paper.Cammissioner Langsdorf said that the article would have then run in the watershed member cities' editions of the Sun Current/Sun Sailor. x. Commissioner Laagsdorf said that the Education Committee recommends that new education articles come out in the newspaper when the streambank restorat�on projects are being constructed. xi. Commissioner Langsdorf reported that the Committee discussed the Committee's sustainability.Chair Loomis requested that the Committee discuss and communicate to the Commission how it would function without a Committee chair if a chair isn't found and to discuss alternate ways of functioning.Commissfoner Langsdorf said that the Committee discussed the possibility of having staff step in to lead the meehngs and write up the reports.Chair Loomis said that the Budget Committee would discuss the idea. xii. Commissioner Langsdorf announced that the next Education Committee meeting will be at 9:00 a.m.on May 24�'at Plymouth City Hall. 7. Cornmunications A. Chair: i. Chair Loomis commented that the Lakes and Rivers Conference will be held neact week. B. Administrator: i. Administrator Nash mentioned that his Administrator's Report was included in the meeting packet.He mentioned that item 10 on the report discussed his invitation by Hennepin County staff to attend a planning meeting for the Southwest Light Rail Transit Line from Eden Prairie to Minneapolis.Administrator Nash said that two proposed LRT stations would be in the Bassett Creek Watershed.He said that upon request he provided Bonestroo information on the locations of planned BCWMC CIP projects within one-half mile of the stations. ii. Administrator Nash reported that he received a request from Karl Geurts to present the findings of the Braun Intertec report on whole-lake aeration of Sweeney Lake and said that there had not been room on the April agenda for that item.Ae said that he is still waiting to receive permission to distribute the report to the Comrrussion. iii. Administrator Nash said that he got word from Brad Wozney that biennial solicitation is not required for audits.He said that biennial solicitation is aot requured for accounting services performed by cities with a Joint Powers Agreement. iv. Administrator Nash reported that he received a copy of a response from the Three Rivers Park District regarding a communfcation from the Association of Medicine Lake Area Citizens(AMLAC)that discussed a concern about aquatic invasive species. 8 BCWMC April 21,2011,Meedng Minutes v. Administrator Nash stated that he met with Brooke Asleson and John Erdmann to discuss comments received by the MPCA on the Sweeney Lake TMDL during the comment period. He asked for authorization to work with Barr Engineering to talk to the MPCA and SEH to coordinate responses to the comments.Mr.Kremer added that he anticipates that it would take approximately four hours of Barr's time regarding the responses and a little more time to provide Ron Leaf with some information.Commissioner Black asked if it would take fewer than 10 hours of the Commission Engineer's time.Mr.Kremer said yes. Commissioner Welch recommended that the Commission direct Administrator Nash to meet and discuss with Mr.Kremer,Ron Leaf,other technical resources as necessary,and a comm�ssioner[volunteering himself]a way to identify substantive comments and to frame a response to those issues to bring in front of the Commission next month.Chair Loomis made the motion described by Commissioner Welch.Commissioner Black seconded the motion.The motion carried with seven votes in favor[Cities of Minnetonka and Robbinsdale absent from vote]. G Commissioners: i. Commissioner Hoshal asked if the Commission would be in agreement with his idea of inviting a resident with a strong professional biology background to a TAC meeting and to perhap move in the direction of requesting the City of Medicine Lake to appoint him to the TAC as the technical representat�ve for Medicine Lake.The Commission commented that the appointment�s made by the City so that would be a decision for the City of Medicine Lake and noted that the TAC meetings are open meetings and the person could certainly attend to see if he has an interest. ii. Commissioner Hoshal reported that the City of Medicine Lake is still working on the erosion and sediment control ordinance,which should be ready for the Commission's review by the next BCWMC meeting or two. D. Committees: No Communications. E. Counsel:Mr.LeFevere mentioned that he updated the Major Plan Amendment timeline document in lighf of the 20101egislative changes and that the document was included in the meet�ng packet. F. Engineer:Ms.Chandler reported that the Commission Engineer received from Metropolitan Council staff the monthly loads for a number of parameters monitored at the Bassett Creek WOMP station.The Commission Engineer will be receiving daily loads from the Metropolitan Council,which are needed to get an idea if Bassett Creek is meeting state standards. 8. Adjournment Commissioner Welch moved to adjourn the meeting.Commissioner Black seconded the motion.'d'he meet�ng adjourned at 2:08 p.m. Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 9 BCWMC April Zl,Z011,Meeting Minutes k.Y• .�� ,. l n Public Works o � � e 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Vailey City Council Meeting June 7, 2011 Agenda Item 3. E. 1. 2011 Street Striping and Markings Program - Bids and Quotes Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Bids for the 2011 Street Striping and Markings Project 11-07 were opened on May 24, 2011. The following finro bids were received: Highway Technologies, Inc. $58,772 AAA Striping Service Co. $81,432 Engineer's Estimate $80,300 Funding for this program is in the 2011-12 Operating Budget, Streets Maintenance Division (1440-6440, page 53) in the amount of$20,000; and 2011-2015 Capital Improvement Program, Municipal State Aid (MSA) Maintenance Funds (S-017, page 90) in the amount of $100,000. The volume of work will be adjusted to stay within the budgeted monies available. Recommended Action Motion to award a contract for the 2011 Street Striping and Markings Project No. 11-07 to Highway Technologies, Inc. for $58,772. �� „i„�� ,� �' ' �� . Lw ° � �� ' Public Works � ��: � �� a e 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. F. Authorize Grant Agreement Befinreen the City of Golden Valley and the Metropolitan Council for Reimbursement of Sanitary Sewer Related Improvements Completed in the 2010 and 2011 Pavement Management Projects (PMP) Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, EIT, Engineer Summary The City of Golden Valley recently applied for a grant from the Metropolitan Council for partial reimbursement of sanitary sewer related expenses incurred in the 2010 and 2011 PMP. Following the review of our application, the Metropolitan Council has awarded the City of Golden Valley $182,352 for these improvements. Reimbursement covers approximately 50% of the City's total eligible sanitary sewer improvement costs on those projects. The City will be awarded $93,215 for sanitary sewer improvements completed on the 2010 PMP. Upon successful authorization of this contract, the City will immediately receive reimbursement for eligible items. The City will be awarded $89,137 for the sanitary sewer improvements being completed on the 2011 PMP. Following completion of the 2011 PMP, the City can expect to receive reimbursement for these expenses from the Metropolitan Council in the fall of 2011. Staff recommends authorization of the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Agreement. Attachments Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Agreement (51 pages) Recommended Action Motion to authorize grant agreement between the City of Golden Valley and the Metropolitan Council for reimbursement of$182,352 in sanitary sewer related improvements completed in the 2010 and 2011 Pavement Management Projects (PMP). CONTRACT NO. SG2011-020 Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program State of Minnesota General Obligation Bond Proceeds Grant Agreement — Construction Grant for the Golden Valley 2010-2011 Inflow and Infiltration Improvement Pro j ect TA►BLE OF CONTENTS RECTI'ALS Article I-DEFIIVITIONS Section 1.01 —Defined Terms Article II-GRANT Section 2.01 —Grant of Monies Section 2.02—Public Ownership . Section 2.03 —Use of Grant Proceeds Section 2.04—Operation of the Rea1 Property and Facility Section 2.05—Grantee Representations and Warranties Section 2.06—Ownership by Leasehold or Easement Section 2.07—Event(s)of Default Section 2.08—Remedies Section 2.09—Notifica.tion of Event of Default Section 2.10—Survival of Event of Default � Section 2.11 —Term of Grant Agreement Section 2.12—Modification and/or Early Termination of Grant Section 2.13 —Excess Funds. Article III—USE CONTRACTS [NOT TO BE USED`IN THIS AGREEMENT) Section 3.01 —General Provisions Section 3.02—Initial Term and Renewal Section 3.03 —Reimbursement of Counterparty Section 3.04—Receipt of Monies Under a Use Contract Article IV—SALE Section 4.01 —Sale Section 4.02—Proceeds of Sale Article V—COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER � Section 5.01 —Sta.te Bond Financed Property Section 5.02—Preservation of Tax Exempt Sta.tus Section 5.03 —Changes to G.O. Compliance Legislation or the Com�nissioner's Order Article VI—DISBURSEMENT OF GRANT PROCEEDS Section 6.01 —The Advances Section 6.02—Draw Requisitions Section 6.03—Additional Funds Section 6.04—Condition Precedent to Any Advance Sec#ion 6.05—Construction Inspections 1 Article VII-MISCELLANEOUS Section 7.01 —Insurance Section 7.02—Condemnation Section 7.03 —Use,Maintenance,Repair and Alterations Section 7.04—Records Keeping and Reporting Section 7.05—Inspections by Council Section 7.06—Data Practices Section 7.07—Non-Discrimination � Section 7.08—Worker's Compensation Section 7.09—Antitrust Claims Section 7.10—Review of Plans and Cost Estimates [NOT TO BE USED] Section 7.11 —Prevailing Wages Section 7.12—Liability Section 7.13—Indemnifica.tion by the Grantee Section 7.14—Relationship of the Parties Section 7.15—Notices Section 7.16—Binding Effect and Assignment or Modification Section 7.17—Waiver Section 7.18—Entire Agreement Section 7.19—Choice of Law and Venue Section 7.20—Severability Section 7.21 —Time of Essence Section 7.22—Counterparts Section 7.23 —Matching Funds Section 7.24—Source and Use of Funds Section 7.25 —Project Completion Schedule Section 7.26—T'hird-Party Beneficiary Section 7.27—Grantee Tasks Section 7.28—Council and Commissioner Required Acts and Approvals Section 7.29—Applicability to Real Property and Facility Section 7.30—E-Verification Section 7.31 —Additional Requirements Section 7.32—Termination Due to Lack of Funds Section 7.33 —Grant Program Remainder Funds Atta.chment I—DECLARATION Attachment I-A-CERTIFICATION Attachment II—LEGAL DESCRIPTION OF REAL PROPERTY � Attachment III—SOURCE AND USE OF FiJNDS � Attachment IV—PROJECT DESCRIPTION AND COMPLETION SCHEDULE � i ,' i > i 2 � � . ; f CONTRACT NO.SG2011-020 GENERAL OBLIGATION GRANT PROCEEDS MUNICIPAL PUBLICLY OWNED INFRASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND GOLDEN VALLEY This Intergovernmental Grant Agreement ("Grant Agreement") is made this day of ,2011,and entered into by and between Metropolitan Council a public corporation and poHtical subdivision of the State of Minnesota. ("Council") and Golden Valley,a Minnesota Municipal corporation("Grantee"). BACKGROUND RECITALS 1. The Minnesota. Legislature has appropriated to the Council in the 2010 Session Laws Chapter 189, Section 16, subdivision 3, $3;000,000 for a grant program to be administered by the Council for the purpose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal system("I/I Municipal Grant Program"). 2. The monies allocated to fund the appropriation to the Council are proceeds of sta.te general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. 3. The Council has gone through a public process and formally adopted Guidelines for the UI Municipal Grant Program. Grantee has read and understands the Council Guidelines ("Council Guidelines"). 3 4. Council has identified Grantee as a contributor of excessive inflow and infiltration to the Council's metropolitan sanitary sewer disposal system a.nd thus an eligible applicant for grant funds under the UI Municipal Grant Program. 5. Pursuant to its authority under Minnesota. Statutes §444A75 [or other authority, if different], Grantee operates a municipal wastewater collection system identified as the Golden Valley Wastewater Collection System ("Wastewater System") and has submitted an application for grant funds including a timeline for an inflow and infiltration mitigation capital improvement project to the Wastewater System to the Council in accordance with Council's Guidelines. For purposes of this Agreement, the term"Governmental Program"means the Wastewater System. • 6. Council has reviewed and found eligible Grantee's application for grant funds and has awazded such grant funds ("G.O. Grant") to Grantee to construct a capital improvement project to Grantee's pipeline as described in and in accordance with the terms and conditions of this Grant Agreement. 7. The Grantee's receipt and use of the UI Municipal Grant Program to acquire an ownership interest in andlor improve real property(the"Real Property")and structures situated thereon (the "Facility") will cause the Grantee's ovcmership interest in all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation") and in that certain "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated August 26, 2010 (the"Commissioner's Order"), even though such funds sha11 only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest andlor improve a part of such real property and structures. i � 4 � � ( 8. Council and Grantee desire to set forth herein the provisions relating to the granting of such G.O. Grant and the disbursement thereof to Grantee and the opera.tion of the Rea1 Property and the Facility. NOW, THEREFORE, in consideration of the G.O. Grant described and other provisions in this Agreement, Council and Grantee agree as follows: Article I DEFI1vITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singulaz and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)"—means an advance made or to be made by the Council to the Crrantee and disbursed in accordance with the provisions contained in Article VI hereof. "Agreement" - means this Metropolitan Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - Construction Grant for the Golden Valley 2010-2011 Inflow and Infiltration Improvement Project, as such exists on its original date and any amendments, modifications or restatements thereof. "Approved Debt" — means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such atta.chment unless he/she has consented, in writing, to such amounts. "Architect", if any-means , which will administer the Construction Contract Documents on behalf of the Grantee. "Certification"—means a certification in the form contained in Atta.chment 1- A to this Agreement and all amendments thereto, acknowledging that the Real Property and Facilities is state bond financed property within the meaning of Minn. Stat. § 16A.b95, is subject to the requirements imposed by such statutes and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of the MMB. 5 "Code"-means the Internal Revenue Code of 1986, as a.mended from time to time, and a11 treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of 1VIlVIB" - means the commissioner of the Minnesota Department of Management and Budget, and any designated representatives thereof. "Commissioner's Order" - means that certain "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of Sta.te Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget � and dated August 26, 2010. "Completion Date" — means �"�,,��,s�a�� `?•, the date of projected completion of the Project. "Contractor" - means any person engaged to work on or to fumish materials and supplies for the Construction Items including,a general contractor. "Construction Contract Documents" - means the document or documents, in form and substance acceptable to the Council, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract � �etween the Grantee and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaxanteed maximum price. "Construction Items" — means the work to be performed under the Construction Contract Documents. "Council" - means the entity identified as the "Metropolitan Council" in the lead-in paragraph of this Agreement. "Declazation" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Grantee's ownership interest in the Real Property and Facility is state bond � financed property within the meaning of the G.O. Compliance Legislation and is ' subject to certain restrictions imposed thereby. ; ; "Draw Requisition" - means a draw requisition that the Grantee, or its designee, submits to the Council when an Advance is requested, as referred to in � Section 6A2. i I 6 i � "Easement Premises" - means the real estate and structures, granted to the Grantee under an easement. "Event of Default" - means one or more of those events delinea.ted in Section 2.07. "Facility" means, the Wastewater Systems identified in Recital No. 5 of this Agreement which is located, or will be constructed and loca.ted, on the Real Property and a11 equipment tha.t is a part thereof that was purchased with the proceeds. "Fair Market Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that a111iens and encumbrances on the property being sold that negatively afFect the value of such property, will be paid and released at the time of acquisition by the purchaser. "G.O. Bonding Legislation"—means the legislation delinea.ted in Recital Nos. 1 and 2 hereinabove as the G.O. Bonding Legislation. � "G.O. Bonds"-means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.O. Grant and any state bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Sta.t. § 16A.695 as such may subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. "G.O. Grant"means a grant of monies from the Council to the Grantee in the amount identified as the "G.O. Grant" in Section 2.01 (b) to this Agreement, as the amount thereof may be modified under the provisions contained herein. "Governmental Program" means the operation of the Real Property and the Facility for the purpose specified and identified in Recital No. 5 of this Agreement as the Governmental Program. "Grantee" - means the entity identified as the "Grantee" in the lea.d-in para.graph of this Agreement. � "Initial Acquisition and Betterment Costs" = means the cost to acquire the Grantee's ownership interest in the Real Property and Facility if the Grantee does not already possess the required ownership interest, and the costs of betterments of the Real Property and Facility; provided, however, the Council and the 7 Commissioner of NIlVIB are not bound by any specific amount of such alleged costs unless consented to in writing. "Inspecting Engineer", if any - means the Council's consixuction inspector, or its designated consulting engineer. "Outstanding Balance of the G.O. Grant means the portion of the G.O. Grant that has been disbursed to or on behalf of the Grantee minus any portion thereof previously paid back to the Commissioner of MMB. "Ownership Va1ue", if any — means the value, if any, of the Grantee's ownership interest in the Rea1 Property and Faciliry that existed concurrent with the Grantee's execution of this Agreement. Such value shall be esta.blished by way of an appraisal or by such other manner as may be acceptable to the Council and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $��3yy e�a or Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank "Not Applicable" is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Grantee's ownership interest in the Real PropeYty and, Facility, and in such event the value of such ownership inte�est should be shown in Attachment III and not in this definition for Ownership I/alue). "Project" - means the Grantee's acquisition, of the ownership interests in the Real Property and, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Grantee is not using any portion of the G.O. GYant to acquiYe the owneYShap inteYest denoted in Section 2.02, then thas definition for Project shall not i�clude the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachnae�at III hereto and in�tead shall be included in the definition for Ownership I/alue under this Section.) ! � "Real Property" - means the real property located in the County of Hennepin, ; State of Minnesota. and identified in Attachment II to this Agreement by legal description,narrative description or diagram. j i "Subsequent Betterment Costs" — means the costs of betterments of the Real � Property and Facility that occur subsequent to the date of this Agreement, are not ! part of the Project, would qualify as a public improvement of a capital nature (as i such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota � Constitution), and the cost of which has been established by way of written � documentation that is acceptable to and approved, in writing, by the Council and the ' Commissioner of MMB. , 8 i , i � "Useful Life of the Real Property and Facility"—means (i) 30 years for Real Property that has no structute situated thereon or if any structures situated thereon will .be removed, and no new structures will be conshucted thereon, (ii) the remaining useful life of the Facility a.s of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Rea1 Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II � GRANT Section 2.01(a). Grant of Monies. The Council shall make and issue the G.O. Grant to the Grantee, for payment of Project items as described in Attachment N to this Agreement and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be retumed to the Council or the Commissioner of MMB under certain circumstances. Section 2.01(b). 1Vlaximum Ezpected Grant Amount (°°Maximum Grant Amount"). The Council will pay to Grantee a Maximum Grant Amount during the Grant Project activity period of up to $182,352 ("Maximum Grant Amount"). However, in no event will the actual amount that the Council will pay to the Grantee for this Agreemen't exceed one-half of the actual amount expended by the Crrantee on eligible expenses as specified in Section 2.01(a). Neither the Council nor the MMB shall bear any responsibility for a cost overrun which may be incurred by the Grantee in performance of the Project. � ' The actual Grant Amount will be determined by the Council upon submission by Grantee to Council of reasonable, eligible and verifiable costs submitted in accordance with the terms of this Agreement for the Grant Project as described in Attachment iV. Section 2.02 Public Ownership. The Gra.ntee acknowledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership or an easement. In order to esta.blish that this public ownership requirement is satisfied, the Grantee represents and warrants to the Council that it has, or will acquire, the following ownership interests in the Real Property and Facility, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property for the Facility.) Ownership Interest in the Real Property. 9 �Fee simple ownership of the Real Property. � �An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota. sta.tute, rule or session law,then insert the citation: .) Ownership Interest in the Facility. k Fee simple ownership of the Facility. Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Grantee sha11 use the G.O. Grant solely to reimburse itself for expenditures it has already made in the performance of the Project as described in Atta.chtnent IV to this Agreement,and may not use the G.O. Grant for any other purpose. The Project as described in Attachment N consists of the following: (Check all appropriate boxes.) � Acquisition of fee simple title to the Real Property. ❑ Acquisition of an easement for the Real Property. � Improvement of the Real Property. ' � Acquisition of fee simple title to the Facility. � Construction of the Facility. �� i � Renovation of the Facility. ; ; ❑ ! (Describe other or additional purposes_) i Further, Grantee agrees to perform and complete in a satisfactory manner the Project as described in Grantee's application for assistance under the Council's UI i Municipal Grant Program, which application is incorporated into Atta.chment IV of this � Agreement by reference, and in accordance with the terms and conditions of this � Agreement. Specifically, the Grantee agrees to perform the Project in accordance with a specific timeline, all as described in Attachment N and to undertake the financial i 10 � � � responsibilities described in Attachment III to this Agreement. The Grantee has the responsibility for and obligation to complete the Project as described in Attachment III and IV. The Council makes no representation or warranties with respect to the success and effectiveness of the Project The G.O. Grant cannot be used for normal municipal operating or overhead costs related to the Project. G.O. Grant funds cannot be used for the costs of studies or for engineering or planning costs, or for equipment, machinery, supplies or other property necessary to conduct the Project except for equipment, supplies or other property which will be used primarily for the Project and that are specifically listed in Attachment IV. Section 2.04 Operation of the Real Property and Facility. The Real Property and Facility must be used by the Grantee or the Grantee must cause such Rea1 Property and Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota. legislature may from time to time designate, and for no other purposes or uses. Grantee must annually determine that the Real Property and Facility is being used for the purpose required by this Agreement, and has or has not been sold, abandoned, leased or subjected to a ma.nagement contract or an agreement for use of the Real Properiy and Facility and shall annually supply a sta.tement from an officer of the Grantee, sworn to before a notary public, to such effect to the Council and the • Commissioner of MNIB. For those programs, if any, that the Grantee will directly operate on all or any portion of the Real Property and Facility, the Grantee covenants with and represents and warrants to the Council that: (i� it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the Council, and (iii) it will annua.11y adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for ea.ch fiscal year, and will supply, upon request, to the Council and the Commissioner of MIVVIB certified copies of such resolution and budget. For the purpose of this paragraph only, the budget(s) for the specific Governmental Program(s) supported by this G.O. Grant may be combined with other programs of the Grantee. Section Z.OS Grantee Representations and Warranties. The Grantee further covenants with,and represents and warrants to the Council as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Certification or Declaration, and all documents referred to herein, has taken all actions necessary to its execution and delivery of such documents, and provided to the Council a copy of a resolution by its governing body which authorizes Grantee to enter into this Agreement, to undertake the UI Municipal Grant Program and Project, including the Grantee financial responsibilities as shown in Attachment IV and which also designates an authorized representative for the Project who is 11 authorized to provide certifica.tions required in this Agreement and submit pay claims for reimbursement of Project costs. B. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement and has received a copy of, has read and understands the Council Guidelines for the Council's UI Municipal Grant Program. C. It has legal authority to operate the Governmental Program. D. This Agreement; the Declaration or Certification as applicable and a11 other documents referred to herein are the legal, valid and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and wazranties in this Agreement, the Declazation or Certification as applicable and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation. G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information it has submitted or will submit to the Council or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is a.nd will be true and conect. It agrees that all representations contained in its application for the G.O. Grant are material representations of fact upon which the Council relied in awarding this G.O. Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority ', against or affecting it relating to the Real Property and Facility, or its ownership ' ' interest therein, and it is not in default with respect to any order, writ, injunction, ; decree, or demand of any court or any governmental authority which would impair i its ability to enter into this Agreement, the Declaration or Certification as applica.ble, or any document refened to her�in, or to perform any of the acts ' required of it in such documents. � i I. Neither the execution and delivery of this Agreement,the Declaxation or ! Certification, or any document referred to herein nor compliance with any of the ! terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or '; provision of any agreement or document to which it is now a party or by which it is bound. 12 . i i J. The contemplated use of the Reai Property and Facility will not violate any applicable zoning or use statute, ordinance, building code,rule or regulation,or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with a11 applicable laws, statutes, rules, ordinances, and regulations issued by any federal, sta.te, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be,obtained. M. All applicable licenses, pernuts and bonds required for the operation of the Rea1 Property and Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and Facility or cause the Real Property and Facility, to be operated, maintained and managed in compliance with a11 applicable laws, sta.tutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and Facility. O. It has complied with the financial responsibility requirements contained in Section 7.23. P. While this Agreement is in effect, it will not, without the prior written consent of the Council and the Commissioner of MMB, allow any voluntaxy lien or encumbrance or involuntary lien or encumbra,nce that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Grantee's ownership interest in the�Real Property or Facility. Provided, however, the Council and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estaxe that is needed to so operate the Real Property and Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Grantee's ownership interest in the Real Property and Facility, andlor (ii) to pay for capital improvements that are needed to so operate the Real Property and Facility in accordance with the requirements imposed under Section 2.04. Q. It reasonably expects to possess the ownership interest in the Real Property and Facility described Section 2.02 for the entire Useful Life of the Real Property and Facility, and it does not expect to sell, transfer or abandon such ownership interest. � 13 R. It does not r.easonably expect to receive payments under a contract for use of the Rea1 Property or Facility, including leases or management contracts, in excess of the amount the Grantee needs and is authorized to use to pay the operating expenses of the portion of the Rea1 Property and Facility that is the subject of such contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt � S. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.O. Grant to complete and fully pay for the Project. T. The Construction Items will be completed substantially in accordance with the Construction Contra.ct Documents by the Completion Date, and all such items along with the Facility will be situated entirely on the Real Property. U. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. V. If all or any portion of the Governmental Program does not qualify for the Waiver of Real Property Declaration granted by MMB, a copy of which is atta.ched to and incorporated hereto as Attachment V, it has submitted to the Commissioner of MMB a written request that a declaration need not be recorded against the Real Property and if applicable, the Facility because such recording would be unduly. onerous or impracticable and has received from the Commissioner of MMB a written waiver sta.ting that a Declaration need not be recorded against the Real Property and if applicable, the Facility, a copy of which waiver is attached to the Certification submitted as Atta.chment IA of this Agreement. [Grantee should delete this Section is Grantee does not intend to apply for Waiver or intends to apply under Council's Waiver.] W. It has executed and submitted a copy of one or more of the following to the Council and Minnesota. Management and Budget, such that all parts of the facility are covered by one of the following: 1. For all or part of the Governmental Programs which qualifies far the Waiver of Real Property Declaration granted by Minnesota. Management and Budget to the Council and attached as Attachment V, the Certification attached as Attachment IA of this Grant Agreement; or ; 2. For all or part of the Governmental Program which does not i qualify for the Waiver of Real Properiy Declaration granted to the Council, but for which Grantee has obtained a Waiver of Rea.l Property Declara.tion ' from the Minnesota Management and Budget pursuant to Section 2.05 (V) of this Agreement, the Certifica.tion attached as Attachment IA, together with a ' copy of the waiver; or , ; 14 ` i i I 3. A fully executed Declazation in the form atta.ched to this Agreement as Attachment I, such Declara.tion recorded or to be promptly recorded with the appropriate governmental office, and a copy of such recorded Declatation to be delivered to the Council and Minnesota. Management and Budget. X. It shall fiunish such satisfactory evidence regarding the representa.tions and warranties described herein as may be required and requested by either the Council or the Commissioner of MMB. Section 2.06 Ownership by Easement. A. A Real Property/Facility easement must comply with the following provisions. 1. The Grantee is the grantee of easement and the easement creates the functional equivalency of fee ownership for the length of its term. 2. It must be permanent for a term that is equal to or greater than 125% of the Useful Life of the Rea1 Property and Facility, or such other period of time specifically authorized by a Minnesota. statute, rule or session law. 3. It must not contain any requirements or obligations of the Grantee that if not complied with could result in a termination thereof. 4. It must contain a provision that provides sufficient authority to a11ow the Grantee to operate the Rea1 Property and Facility in accordance with the requirements imposed under Section 2.04. 5. It must not contain any provisions that would limit or impair the Grantee's operation of the Real Property and Facility in accordance with the requirements imposed under Section 2.04. 6. It must a11ow for a transfer thereof in the event that the grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. B. The provisions contained in this Section are not intended to and shall not prevent the Grantee from including additional provisions in the easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The Grantee shall fully and completely comply with all of the terms, conditions and provisions contained in the easement, and shall file the easement in the Office of the County Recorder or the Registrar of Titles. 15 Section 2.07 Event(s) of Default. The following events sha11, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the Council or the Commissioner of MMB giving the Grantee 30 da.ys written notice of such event and the Grantee's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot � be cured within 30 days as �ong as the Grantee is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing,by the Council and the Commissioner of MMB. A. If any representa.tion, covenant, or warranty made by the Grantee in this � Agreement, in any Draw Requisition, in any other document fiurnished pursuant to this Agreement, or in order to induce the Council to disburse any of the G.O. Grant shall prove to ha.ve been untrue or incorrect in any material respect or materially misleading as of the time such representa.tion,covenant,or wananty was made. B. If the Grantee fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Grantee fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compiiance Legislation, the Commissioner's Order, or the G.O. Bonding Legislation. D. If the Grantee fails to complete the Project, or cause the Project to be completed,by the Completion Date. E. If the Grantee fails to provide and expend the full amount of the financial responsibilities required under Section 7.23 for the Project. F. If a Declaration is required, if the Grantee fails to record the Declaration and deliver copies thereof as set forth in Section 2.OS.V. ; � Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the Council and the Commissioner of MMB, '; constitute an Event of Default under this Agreement immediately upon either the Council � or the Commissioner of MMB giving the Grantee written notice of such event. ; i Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any � time thereafter until such Evenf of Default is cured to the satisfaction of the Council, the Council or the Commissioner of MMB may enforce any or all of the following remedies. ; � 16 1 1 � 4 A. The Council may refrain from disbursing the G.O. Grant provided, however, the Council may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions of Sections 4.01 or 4.02, then either the Council or the Commissioner of MMB,as a third party beneficiary of this . Agreement, may demand that the Outstanding Balance of the G.O. Grant he returned to it, and upon such demand the Grantee shall return such amount to the Council or the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions of Sections 4.01 or 4.02, then either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Grantee pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Grantee shall pay such amount to the Council or the Commissioner of MMB. D. Either the Council or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Council or the Commissioner of MMB would otherwise possess. If the Grantee does not repay the amounts required to be paid under this Section or under any other provision conta.ined in this Agreement within 30 days of demand by the Council or the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Grantee and in favor of the Council andlor the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Grantee is entitled to receive from the Council or State of Minnesota. In addition, the Council may use the provisions of Minn. Sta.t. § 473.521, subd. 4 to collect the amounts required to be paid under this Section or under any other provision contained in this Agreement. Section 2.09 Notification of Event of Default. The Grantee shall furnish to the Council and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the acrion which the Grantee proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement sha11 survive any and all Events of Default and remain in full force and effect even upon the p�yment of 17 any amounts due under this Agreement, and sha11 only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein,remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to tlie date established by adding a time period equal to 125% of Useful Life of the Rea1 Property and Facility to the da.te on which the Real Property and Facility is first used for the operation of the Project after such effective date. If there are no uncured Events of Default as of such date this Agreement sha11 terminate and no longer be of any force or effect, and the Commissioner of MMB sha11 execute whatever documents are needed to release the Real Property and Facility from the effect of this Agreement and any Declarations or Certifications,as applicable. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is six (6) months from the effective date of this Agreement or all of the G.O. Grant has not been disbursed as of the date that is two (2) years from July 1, 2010, or such other date to which the Grantee and the Council may agree in writing, then the Council's obligation to fund the G.O. Grant shall terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such dates then the Council's obligation to fund any portion of the G.O. Grant sha11 terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the G.O. Grant has been disbursed by such da.tes then the Council shall have no further obligation to provide any additional funding for the G.O. Grant and this Agreement sha11 remain in full force and effect but shall be modified and amended to reflect the amount of the G.O. Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Grantee's obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Grantee's sale of its ownership interest in the Real Property and Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Grantee's ownership i interest in the Real Property and Facility if such ownership interest is by way of an easement. Upon such termination the Commissioner of MMB shall execute, or have � executed, and deliver to the Grantee such documents as are required to release the Grantee's ownership interest in the Real Property and Facility, from the effect of this Agreement and the Declaration. ' � � Section 2.13 Excess Funds. If the full amount of the G.O. Grant and any � matching funds refened to in Section 7.23 are not needed to complete the Project, then, ' unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant i � shall be reduced by the amount not needed. Any funds awazded by the Council under ' this Agreement that have i) not been properly expended for the Project in accordance i i 18 ' i i I with Attachments III and IV; ii) were expended by the Grantee but subsequently reimbursed to Grantee or its agents, or iii) constitute a total reimbursement in excess of 50%of the actual eligible spending will be repaid to the Council if paid and the unearned part of the awazd canceled. Article III. Contents of Article III have been deliberately omitted from this Agreement. Article IV SALE Section 4.01 Sale. The Grantee shall not sell any part of its ownership interest in the Real Property and Facility unless all of the following provisions have been complied with fully. A. The Grantee determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the portion of the Real Property or Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Mazket Va1ue. D. The written consent of the Commissioner of MMB has been obtained. The acc�uisition of the Grantee's ownership interest in the Rea1 Property and Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Grantee's ownership interest in or betterment of the Real Property Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Grantee may participate in any public auction of its ownership interest in the Real Property and Facility and bid thereon; provided that the Grantee agrees that if it is 19 i i � the successful purchaser it will not use any part of the Real Property�or Facility for the Governmental Program. Section 4.02 Proceeds of Sale. Upon the sale of the Grantee's ownership interest in the Real Property and Facility the proceeds thereof after the deduction of a11 costs directly associated and incurred in conjuriction with snch sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Grantee's ownership interest in the Rea1 Property and Facility,shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.O. Grant, and if the amount of such net proceeds sha11 be less than the amount of the Outstanding Balance of the G.O: Grant then a11 of such net proceeds sha11 be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Grantee for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution(such as the Council under Section 402.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and Facility, then the amount avaiIable shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, sha11 be divided and distributed to the Council, the Grantee, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the Council, the Grantee, and such other public and private entities made to the acquisition and ,; betterment of the Rea1 Property and, Facility as such amounts are part of the � Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. j I The distribution to the Council shall be made to the Commissioner of MMB, and � the Grantee may direct its distribution to be made to any other entity. ! i � _ � 20 I I i All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements sha11 be made without such consent The Grantee shall not be required to pay or reimburse the Council or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sa1e, even if such net proceeds aze less than the amount of the Outstanding Balance of the G.O. Grant. Article V. COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMIVIISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Grantee and the Council acknowledge and agree that the Grantee's ownership interest in the Real Property and Facility is, or when acquired by the Grantee will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Cornmissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Grantee's ownership interest in the Real Property and Facility. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax- exempt status of the State G.O. Bonds,the Grantee agrees as follows: A. It will not use the Real Property or Facility, or use or invest the G.O. Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinlcing funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds"under Section 148 of the Code. B. It will deposit into and hold all of the G.O. Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions conta.ined herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occunence of any act or omission by the Grar�tee that could cause the interest on the State G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the State G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the State G.O. Bonds as a "qualified bond" within the meaning of Section ' 21 I � . ! 141(e) of the Code, (ii) changing the nature of the use of the Rea1 Property or Facility so that none of the net proceeds of the Sta.te G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the G.O. Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to maintain such tax exempt status,and if it should take,permit, omit to take, or cause to be taken, as appropriate, any such action, it sha11 take a111awful actions necessary to rescind or correct such ac#ions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Grantee, or if the Grantee's ownership interest in the Rea1 Property or Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Grantee the Council shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Grantee's ownership interest in the Rea1 Property and Facility from the G.O. Compliance Legislation or the Commissioner's Order. �Article VI. DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The Council will make no advances of the G.O. Grant to Grantee. The disbursement of the G.O. Grant shall be in the form of reimbursement for eligible costs as provided ahead in this Article VI. ; i Section 6.02 Draw Requisitions. Whenever the Grantee desires a disbursement ! of a portion of the G.O. Grant, which shall be no more often than once each calendar � quarter, the Grantee shall submit to the Council a Draw Requisition duly executed on i behalf of the Grantee or its designee. Each Draw Requisition with respect to ' construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percenta.ge of completion as approved 6y the Grantee and the Council, � plus (ii) the value of materials and equipment not incorporated in the Project but i delivered and suita.bly stored on or off the Real Property in a manner acceptable to the ', CounciI. � Notwithstanding anything herein to the contrary, no Draw Requisition for materials stored on or off the Rea1 Property will be made unless the Grantee shall advise the ' 22 ; � i � Council, in writing, of its intention to so store materials prior to their delivery and the Council has not objected thereto. At the tune of submission of each Draw Requisition, other than the fmal Draw Requisition, the Grantee sha11 submit to the Council such supporting evidence as may be requested by the Council to substantiate all payments which aze to be made out of the relevant Draw Requisition or to substantiate a11 payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off- site urilities and streets needed for access to the Real Property and Facility and correction of material defects in workmanship or materials (other than the completion of punch list , items) as provided in the Construction Contract Documents, the Grantee shall submit to the Council: (i) such supporting evidence as may be requested by the Council to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. Section 6.03 Additional Funds. If the Council shall at any time in good faith deternune that the sum of the undisbursed amount of the G.O. Grant plus the amount of a11 ot�ier funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the Council may send written notice thereof to the Grantee specifying the amount which must be supplied in order to provide su�cient funds to complete the Project. The Grantee agrees that it will, within 10 calendar da.ys of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the Council's notice. Section 6.04 Conditions Precedent to Any Draw. The obligation of the Council to make Draws hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The Council sha11 have received a Draw Requisition for such amount of funds being requested, which such amount when added to all prior requests for Draws shall not exceed the amount of the G.O. Grant delineated in Section 1.01. B. For a11 or any portion of the Governmental Program which qualifies for a waiver of Real Property Declaration granted to either the Council (Attachment V) or Grantee, the Council shall have either received the duly executed Certification atta.ched to this Agreement as Atta.chment lA or for all or any portion of the Governmental Program which does not qualify for a Waiver of Real Property Declaration, a copy of duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed 23 thereon, or evidence tha.t such Declara.tion will promptly be recorded and delivered to the Council. C. The Council shall have received evidence upon request, and in form and substance accepta.ble to the Council, that (i) the Grantee has legal authority to and has takett all actions necessary to enter into this Agreement and the Certification or the Declaxation, as applicable, and (ii) this Agreement and the Declazation or Certification,as applicable,are binding on and enforcea.ble against the Grantee. D. The Cou.ncil sha11 have received evidence upon request,and in form and substance acceptable to the Council, that the Grantee has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Grantee is in compliance with the matching funds requirements, if any, contained in Section 7.23. F. The Council shall have received evidence upon request,and in form and substance acceptable to the Council, showing that the Grantee possesses the ownership interest delineated in Section 2.02. G. T'he Council sha11 have received evidence upon request, and in form and substance accepta.ble to the Council, that the Real Property and Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The Council sha11 have received evidence upon request,and in form and substance accepta.ble to the Council, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses ' which in the ordinary course of business would normally not be obtained until a � later date. i i I. The Council shall have received evidence upon request, and in form and � substance acceptable to the Council, that that all applicable and required permits, ; bonds and licenses necessary for the operation of the Real Property and Facility in ' the manner specified in Section 2.04 have been paid for, issued, and obtained, other � than those permits, bonds and licenses which may not lawfully he obtained until a ' future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obta.ined until a later date. ; ; � •24 I ; i I J. The Council sha11 have received evidence upon request,and in form and substance acceptable to the Council,that the Project will be completed in a manner that will allow the Rea1 Property and Facility to be operated in the manner specified in Section 2.04. K. The Council sha11 have received evidence upon request, and in form and substance accepta.ble to the Council, that the Grantee has the ability and a plan to fund the operation of the Real Property and Facility in the manner specified in Section 2.04. L. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the insurance requixements under Section 7.01 have been satisfied. M. CONTENTS HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. 0. T'he Council sha11 have received evidence upon request, and, in form and substance accepta.ble to the Council, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefore, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaran.teed maximum price contained in the Construction Contract Documents that name the Council and the Grantee dual obligees thereunder, or such other evidence as may be acceptable to the Grantee and the Council. P. No determination shall have been made by the Council that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Grantee under Section 6.03, then the Grantee has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the Council that sufficient funds are available. Q. The Grantee has supplied to the Council a11 other items that the Council may reasonably require. Section 6.05 Construction Inspections. The Grantee and the Architect, if any, shall be responsible for making their own inspections and observations of the 25 Construction Items, and shall detemiine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. Article VII. MISCELLANEOUS Section 7.01 Insurance. The Grantee sha11, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof(i) by self insuring under a program of self insurance legally adopted, maintained and adequa.tely funded by the Grantee, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount accepta.ble to the Council under which the Council and the Grantee are named as loss payees. If damages which are covered by such required insurance occur, then the Grantee shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fu11y or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Grantee elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Grantee's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Grantee's ownership interest in the Rea1 Property and Facility. If the Grantee elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied 'rri accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a rea.sonable time period from the date they are received by the Grantee. If the Grantee elects to maintain general comprehensive liability insurance ; regarding the Real Property and Facility, then the Grantee sha11 have the Council named as an additional named insured therein. I � At the written request of either the Council or the Commissioner of MMB, the i Grantee shall promptly furnish to the requesting entity all written notices and all paid ' premium receipts received by the Grantee regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Grantee fails to provide and maintain the insurance required under this ' Section, then the Council may, at its sole option and discretion, obtain and maintain ' � 26 i i I insurance of an equivalent nature and any funds expended by the Council to obtain or maintain such insurance shall be due and payable on demand by the Council and beaz interest from the da.te of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per anuum based upon a 365-da.y yeaz. Provided, however, nothing contained herein, including but not limited to this Section, shall require the Council to obtain or maintain such insurance,and the Council's decision to not obtain or maintain such insurance shall not lessen the Grantee's duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Crrantee has acquired the ownership interest delineated in Sectiott 2.02 a11 or any portion of the Real Property and Facility is condemned to an extent that the Grantee can no longer comply with the provisions contained in Section 2.04, then the Grantee shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to'be used to acquire an interest in additional real property needed for the Gran�ee to continue to comply with the provisions contained in Section 2.04 and to fully or partially restore the Facility and to provide or cause to be provideii whatever additional funds that may be needed for such purposes, or(ii) sell the remaining portion of its ownership interest in the Real Property and Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Grantee's ownership interest in the Rea1 Property and Facility had been sold, and such arnounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Grantee's ownership interest in the remaining Rea1 Property and Facility. If the Grantee elects to sell its ownership interest in the portion of the Real Property and Facility that'remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grantee. As recipient of any of condemnation awards or proceeds referred to herein, the Council agrees to and will disclaim, assign or pay over tQ the Grantee a11 of such condemnation awards or proceeds it receives so that the Grantee can comply with the requirements that this Section imposes upon the Grantee as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Grantee shall (i) keep the Real Property and Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Rea1 Property and promptly restore in like manner any portion of the Facility which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real 27 Property or Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv)keep and maintain abutting grounds, sidewalks,roads,pa.rking and landscape areas in good and neat order and repair, (v) comply with the provisions of any easement if its ownership interest in the Real Property and Facility is by way of such easement, and (vi) comply with the provisions of any condominium documents and any applicable reciprocal easement or opera.ting agreements if the Rea1 Property and Facility, is part of a condominium regime or is subject to a reciprocal easement or use agreement. The Grantee shall not, without the written consent of the Council and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Rea1 Property or Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Rea1 Property or Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Rea1 Property or Facility, (d) abandon the Real Property or Facility, (e) commit or permit any waste or deterioration of the Rea1 Property or Facility, (fl remove any fixtures or personal property from the Rea1 Property or Facility, that was paid for with the proceeds of the G.O. Grant unless the same ate immediately replaced with like property of at least equal value a.nd utility, or(g) commit, suffer or pernut any act to be done in or upon the Real Property or Facility, in violation of any law,ordinance or regulation. If the Grantee fails to maintain the Real Property and Facility in accordance with the provisions conta.ined in this Section, then after a notice and a reasonable time to cure the deficiency, the Council may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and Facility and the Grantee irrevocably authorizes and empowers the Council to enter upon the Real Property and Facility, to perform such acts as may to necessary to so maintain the Real Property and Facility. Any actions taken or funds expended by the Council hereunder shall be at its sole option and discretion, and nothing conta.ined herein, including but not limited to this Section, sha11 require the Council to talce any action, incur any expense, or expend any funds, and the Council shall not be responsible for or liable to the Grantee or any other entity for any such acts tha.t are undertaken and performed in good faith and not in a negligent manner. � Any funds expended by the Council to perform such acts as may to necessary to so � maintain the Real Property and Facility shall be due and payable on demand by the ! Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a � 365 day year. f i Section 7.04 Records Keeping and Reporting. The Grantee shall maintain or ; cause to be maintained books, records, documents and other evidence pertaining to the �! costs or expenses associated with the Project and operation of the Real Property and Facility needed to comply with the requirements contained in this Agreement, the G.O. ; Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow � i i 28 I � � f the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the Sta.te Auditor for the State of Minnesota,to inspect, audit, copy, or abstract, a11 of suCh items. The Grantee shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained(i) a11 of.such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the opera.tion of the Reai Property and Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by Council. Upon reasonable request by the Council and without�interfering with the normal use of the Real Property and Facility, the Grantee shall allow the Council to inspect,take and use photos of the Rea1 Property and Facility. Section 7.06 Data Practices. The Grantee agrees with respect to any data.that it possesses regazding the G.O. Grant,the Project, or the opera.tion of the Rea1 Property and Facility, to comply with all of the provisions and restrictions contained in the Minnesota. Government Data. Pra.ctices Act contained in Chapter 13 of the Minnesota. Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Grantee agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Properiy and Facility, and it shall,with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Sta.tutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker's Compensation. The Grantee agrees to comply with all of the provisions relating to worker's compensation conta.ined in Minn. Stat. §§ 176.181 subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Properiy and Facility. Section 7.09 AnNtrust Claims. The Grantee hereby assigns to the Council and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real � Property and Facility that arise under the antitrust laws of the State of Minnesota.or of the United Sta.tes of America. Section 7.10. CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. Section 7.11 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions conta.ined in Minn. Sta.t. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and 29 the operation of the Governmental Program on or in the Real Property and Facility. By agreeing to this provision, the Grantee is not acknowledging or agreeing tliat the cited provisions apply to the Project or the operation of the Governmetttal Program on or in the Real Property and Facility. , Section 7.12 Liability. The Grantee and the Council agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the Council and the Commissioner of IVIMB is governed by the provisions contained in Minn. Sta.t. § 3.736, Minn. Stat. and chapter 466 as it may be amended, modified or replaced from time to time. If the Grantee is a"municipality"as such term is used in chapter 466 of the Minnesota.Sta.tutes that exists as of the date of this Agreement and as such may subsequently be amended, rnodified or replaced from time to time,then the liability of the Grantee, including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Grantee. The Grantee shall bear a11 loss, expense (including attorneys' fees), and damage in connection with the Project and operation of the Rea1 Properly and Facility, and agrees to indemnify and hold harmless the Council, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the Council,the Commissioner of MMB, and the Sta.te of Minnesota,their agents, servants and employees, because of bodily injuries, including dea.th at any time resulting therefrom, or because of damages to property of the Council, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and Facility, whether or not due to any act of omission or commission, including negligence of the Crrantee or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the Council, the Commissioner of MMB, or the Sta.te of Minnesota,their employees, servants or agents. The Grantee further agrees to indemnify, save, and hold the Council, the Commissioner of MMB, and the State of Minnesota, their agents and employees, � hazmless from all claims arising out of, resulting from, or in any manner attributa.ble to any violation by the Grantee, its officers, employees, or agents, of any provision of the ; Minnesota. Government Data. Practices Act, including legal fees and disbursements paid I or incurred to enforce the provisions contained in Section 7.06. ! i The Grantee's liability hereunder shall not be limited to the extent of insurance j carried by or provided by the Grantee, or subject to any exclusions from coverage in any � insurance policy. � Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the ; 30 ; I i I P relationship of co-partners or a joint venture between the Grantee, the Council, or the Commissioner of MMB, nor sha11 the Grantee be considered or deemed to be an agent, representa.tive, or employee of the Council, the Commissioner of MMB, or the Sta.te of Minnesota. in the performance of this Agreement, the Project, or opera.tion of the Real Property and Facility. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operati.on and maintenance of the Real Property and Facility. All personnel of the Grantee or other persons while ettgaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and Facility shall not have any contractual relationship with the Council, the Commissioner of MMB, or the Sta.te of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its o�cers, agents, contractors, or employees shall in no way be the responsibility of the Council, the Commissioner of MMB, or the.State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, the Commissioner of MMB, or the State of Minnesota including,but not limited to, tenure rights,medical and hospital care, sick and vacation leave,disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such difFerent address as may hereafter be specified,by either party by written notice to the other: To the Public Entity Grantee at: City of Golden Valley 7800 Golden Valley Road Golden Va11ey, MN 55427 Attention:Jeannine Clancy, Director of Public Works To the State Entity Council at: Metropolitan Council 390 Robert Street North St. Paul,MN 55101 Attention: Regional Administrator 31 To the Commissioner of MMB at: Minnesota.Department of Management and Budget 400 Centennia.l Office Bldg. 658 Cedar Street St. Paul,MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grantee and the Council, and their respective successors and assigns. Provided,however, that neither the Grantee nor the Council may assign any of its rights or obligations under this Agreement or the Declazation without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declazation shall be binding on either the Grantee or the Council unless such change or modification is in writing and signed by an authorized official of the pariy against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Grantee, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof,nor the failure of the Gra.ntee,the Council,or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remetiy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Grantee, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration or , Certification,as applicable,and the documents, if any, referred to and incorporated herein � by reference embody the entire agreement between the Grantee and the Council, and � there are no other agreements, either oral or written, between the Grantee and the Council i on the subject matter hereof. '. Section 7.19 Choice of Law and Venue. All matters relatin to the validi , g tY construction, performance, or enforcement of this Agreement or the Declaration shall be ' determined in accordance with the laws of the Sta.te of Minnesota. All legal actions � � initiated with respect to or arising from any provision contained in this Agreement shall , be initiated, filed and venued in the State of Minnesota District Court located in the City � of St. Paul, County of Ramsey, State of Minnesota. ' 32 i N � � Section 7.20 Severability. If any provision of tlus Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. 5ectiori 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts,each of which when so executed and delivered shall be an origina.l, but such counterparts shall together constitute one and the same instrument. Section 7.23 Grantee Financial Responsibilities. The Grantee must fiilfill its financial responsibilities for the Project as shown on Atta.chment III to this Agreement. (If there are no matching funds requirements then insert the word"NONE".) Section 7.24 Source and Use of Funds. The Grantee represents to the Council and the Commissioner of MIVVIB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The tota.l cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the G.O. Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Grantee, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such Ioan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. 33 I If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Grantee must provide to the Council and the Commissioner of MIVVIB a detailed description of such conditions and what is being done to satisfy such conditions. The Grantee shall also supply whatever other information and documenta.tion that the Council or the Commissioner of 1VIlVIB may request to support or explain any of the information contained in Attachment III. The value of the Grantee's ownership interest in the Real Property and Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject , to any limitations contained in the G.O. Bonding Legislation, be provided by either the Grantee. Section 7.25 Project Completion Schedule. 1'he Grantee represents to the Council and the Commissioner of MMB that At�achment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7:26 Third-Party Beneficiary. The Governmental Program will benefit the Sta.te of Minnesota and the provisions and requirements contained herein are for the benefit of both the Council and the State of Minnesota.. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Grantee Tasks. Any tasks that this Agreement imposes upon the Grantee may be performed by such other entity as the Grantee may select or designate, provided that the failure of such other entity to perform said tasks sha11 be deemed to be a failure to perform by the Grantee. Section 7.28 Council and Commissioner Required Acts and Approvals. The Council and the Commissioner of MMB shall not (i)perform any act herein required or ; authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. i � Section 7.29 Applicability to Real Properiy and Facility. This Agreement ; applies to the Grantee's ownership interest in the Real Property and if a FaciliTy exists to ' the Facility. The term"if applicable"appearing in conjunction with the term"Facility" is '�, meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grantee's ownership interest in �, the Real Property. ' , ; 34 ; i 1 Section 7.30 E-Verification. The Grantee agrees and acknowledges that it is aware of Governor's Executive Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order � and impose a similar requirement in any Use Agreement to which it is a party. Section 7.31 Additional Requirements. The Grantee and the Council agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section sha11 control. Section 7.32 Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to reimburse Grantee for eligible Project costs is dependent upon Council's receipt of funds from the Sta.te of Minnesota. appropriated to Council under 2010 Session Laws Chapter 189, Section 16, subdivision 3. Should the State of Minnesota. terminate such appropriation or should such funds become unavailable to Council for any reason, Council shall, upon written notice to Grantee of ternunation or unavailability of such funds, ha.ve no further obligations for reimbursement or otherwise under this Grant Agreement. In the event of such written notice to Grantee by Council of termination or unavailability of funds, Grantee has no further obligation to complete the Grant Program as required by this Grant Agreement. Section 7.33 Grant Program Remainder Funds. Subsequent to Council approval of the final certifications of project completion submitted by all grant recipients of UI Municipal Grant Program funds, the Council will determine whether any I/T Municipal Grant Program funds remain available for allocation and distribution to Grantees ("Remainder Funds"). In the event Remainder Funds are available, the Council may, at its sole discretion, allocate and distribute the Remainder Funds to grantees who have received UI Municipal Grant Program funds, provided, however, that such distribution, when added to the Grant Funds already received by any I/I Municipal Grant Program grantee sha11 not exceed fifty percent (50%) of the eligible expenses for the Project. The Council will make such allocation and distribution of the Remainder Funds in accordance with the Council Guidelines for the UI Municipal Grant Program. Alternatively, at its discretion, the Council may roll the Remainder Funds into a subsequent UI Municipal Grant Program or similar eligible program. 35 IN TESTIlVIONY HEREOF, the Grantee and the Council ha.ve executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the Golden Va11ey 2010-2011 Inflow a.nd Infiltration Improvement Project on the day and date indicated immediately below their respective signatures. � GRANTEE: , a By: Its: Dated: , And: Its: Dated: , COUNCIL: � By: Its: ; Dated: , i i I ; � i � � I � 36 � , i � i � Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of State of Minnesota. that is legally described in Ezhibit A atta.ched and all facilities situated thereon (collectively referred to as the "Restricted Property"): (Check the appropriate box.) � a fee simple title, � a lease,or � an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: � A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective da.te of the grant agreement identified in paragraph B below, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold,mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, or its successor, which approval must be evidenced by a written sta.tement signed by said commissioner and atta.ched to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limita.tions contained in that certain [Insert title of the eg neral obli atg ion rant agreement]` between and , dated , (the"G.O. Grant Agreement"). The Restricted Property shall remain subject to this Sta.te of Minnesota General Obligation Bond Financed Declara.tion for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the Council that provided the grant] and the Commissioner of Minnesota of Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota of Management and Budget, or its successor. ATTACHMENTI (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO � WHOM IT WAS DRAFTED BY.) �; ; ; ,' � i 1 i ATTACHMENTI � Ezhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY EXHIBIT A Attachment I-A State of Minnesota General Obligation Bond Financed CERTIFICATION The undersigned hereby certifies as follows: 0 This Certification is being submitted pursuant to the Waiver of Real Property Declaration granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly-Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within public road, street and highway rights-of-way and utility easements. Golden Valley certifies that Golden Valley has read and will comply with the terms and conditions of the Waiver of Rea1 Property Declaration, a copy of which is atta.ched to this Certification and further, that the Governmenta.l Program which is the subject of and described in the Municipal Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement No.SG2011-020 between Golden Valley and Metropolitan Council qualifies for�lie Waiver of Real Property Declazation attached hereto. The Waiver to Metropolitan Council is Attachment V to the Grant Agreement.] T'he undersigned owns � fee title to property and/or ❑ permanent easement and/or pother easement which meets the requirements of this Agreement for wastewater collection purposes and a wastewater collection system within the fee title, permanent easement, and/or the other easement and wastewater collection system being located in Hennepin County, Minnesota. The fee title property, permanent easement andlor other easement and the wastewater collection system therein is referred to as "Restricted Property" and is described in Exhibit A attached hereto by legal description, narrative description or diagram. As the owner of the Restricted Property, the undersigned hereby acknowledges the following restrictions and encumbrances with respect to the Restricted Property: ' i A. The Restricted Property is State bond financed properiy within the meaning of ' Minn. Sta.t. § 16A.695 that exists as of the effective date of the grant � agreement identified in paxagraph B below, is subject to the encumbrance ; created and requirements imposed by such statutory provision, and cannot be i sold,mortgaged, encumbered or otherwise disposed of without the approval of � the Commissioner of Minnesota Management and Budget, or its successor, � which approval must be evidenced by a written statement signed by said ! commissioner and attached to the deed, mortgage, encumbrance or instrument ; used to sell or otherwise dispose of the Restricted Property; and � ATTACHMENT 1-A I � . j B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain Golden Valley 2010-2011 Inflow and Infiltration Improvement Project general obligation grant agreement between � Metropolitan Council and Golden Valley, da.ted , (the "G.O. Grant Agreement"). The Restricted Property sha11 remain subject to this Sta.te of Minnesota. General Obligation Bond Financed Declara.tion for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the Metropolitan Councii and the Commissioner of Minnesota of Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Certification may not be temunated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota of Management and Budget, or its successor. SIGNATURE BLOCK AND ACKNOWLEDGMENT [Grantee] By: Title: Dated: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On the day of , 2011, before me a notary public within and for said County,personally appeared , named in the forgoing instrument as the of and acknowledged said instrument was signed on behalf of said Notary Public ATTACHMENT 1-A Ezhibit A to Certification DESCRIPTION OF RESTRICTED PROPERTY ! i i I � � i � a ; EXHIBIT A ; I � /-� i i � � __� p --- -- j // -t1 `� `I _-, t � �,`' � �� ✓-�. , � -� � ' �� i � � ' �: ! � i,'` ,1 � �.( � \� j �-` j _. �!i L � � __-�-- � _ ; `, '�� i ' �� t � I � ' -- _;� --�__ �,� . c- - - ; � �� :; _� -__ _ ,� _ _ _ P- I ��j I �`:� � �j _ I--- . I � Gi.i , 1 ',`�1 � I �. I �� k3, I i i �. i 1 � � , . �.�. � --- -- � �—_�� I __ � -- '��', �— - -- - �_ � !4 _1 f ' � � �+��-- _ , �� `` I'` { � I I �--� � ( I I � ;�� :I_-� - -_'�-sFi)��a'.t:t� - --- —_� _ . ---- --- - � L -. e_�-J G _ _ _ -__ � � E I J _;� i . � �_� �. . . . 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"' < � Ir � � � � � � y � ,i', ' � �z � ,I a � 9 � � �. � ' � ' � � s. � se � ; � � � ° — — — - ��' a -_-_-_---_____ " -- — -,\� i �`,' a � �. � � � °e' '' '�,� �� ' 'I �;:-; ',\ \\ � . ,�,�%, _, � ;-. - �' . /-,- � �§��k� ��. � _ �__ i% � ,' � m-,.arr �—_=_=_ ��' ar-�r ilAv °� F� '< �FQ- , f� - - - Z� � a � � � � � � � � � _ � � � � � � � � � � 4 t � O � � � � � � rX' ttx11 g � J J � �e � � a � �j{� F, � j U � $ � � � � � � � � � y � e � � „ � � � � � �I I�tl "�> \ Ip'KI�I�I�I '�II' I �I ` I`� I� I �IQIQIeI +�J l8 I ` I i � - - - - —--- --- — � N tl0 OY71 � � � � � � � � F � � �� , f� � � � � h /N' �t � ,� � � � � � � � ge , � � d � � � ti „� , � § \ o � � � �� d . � � � g � � � � N6C Z� ♦ � � � � � S.RC � � � � � � � � � \ � �' � a } � �� nv 3tweoo � � z �� JYN � lN!' ,,�p A.1Y � 4 l�'" 8 � . � .,a ,,,,,,,�, �� ,�.,..;<<„��.. ,�„� ��„�„�,W��,,,,,,,,��,.,,...�-�-„•:�,<< .�,,,,,,:, ,,,�,_, ;,�,�<<.,,,,,,:�-,;� �. At#achment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY ' (For Projects for which a Certification is being submitted,use the description attached to the Certification submitted.) ATTACHMENT II . �p q a � �+ a� � �y � Z W .� '� � _ �, � � � a b � .� Q � � � w � � � � � � � � � � :� � � o � � 5� r� � � c�. y °' � ,� a :; a �� ^ , � .� �. � � �y O � � � ra ob � r� p �, � � � U � � � � � � r•' o � � � � r � � � � � a� o � a' �" � a � �+ a ,p � � � � � F � , r� „oq � ,� .� � v' Lsi � � .y � � bA�" O �-�i ++ .� � �.., � �" � p „ 'C � a �O � "� wb a s�• A a � � �, �IJ l� � •o .: o � " �.� b K � � aa� � W � � � � � � � � � ,,�,, G4 � � 'a� C7 +.+ � G � � � a" 0o � � � ca W � ° � � a� � � � � ,� � w v A � 'i p,,, a� � z �, �, � � � � � � � � � � V � " .y � y � � 6A t� i7 � � p � � �'� C� p � .,, � � � `i' a � `� :� � a a� a � �+ � y�'' � � a'� .0 a�,+ � C� : u •"" ,� � : �' a� C7 :Q �c a au a � a � � a � � q w � � � � .. 0 J � � ��ci b M � � O � t,�i V � M � � � b � � . � � � � � * a .'" qa � r `N n,.i O s CC � 0 y M � � v � � � � A C� '''' d� � a� u � o o � � z � d � � � St�r�af�'t�s IJ�e o�Fan�s Identifv Source of Amount Identifv Items Amount Funds State G.O.Funds Ownershi Ac uisition G.O. Grant $ � , and Other Items Paid for with G.O. Grant Funds Other State Funds Purchase of $ O Ownershi $ Interest $ Other Items of a Ca ital $ Nature Sub-Tota1 $ J S�► 35 a. P�•'�e°{' $ i 8� 3ta $ Matchin Funds $ $ 8 4 Sub Tota1 $ �. ,1 $ Sub Total $ I qT y Items Paid for with Non-G.O. Grant Funds Other Grantee Funds ��'w $ l 4� t�i5' $ ^ $ $ u $ Sub-Tota1 � Su�Total $ 1 S' � Loans $ ---- -- $ - ----- ------- Sub-Total � $ � _^��.___.�__-� Other Funds ^ � - -__ ___�.___------- ----___._...� $ _--____...�—_------ — $ _ _�—..__ �_�..__.__._�_.. Sub-Total $ Prepaid Project -� ------_..______.�__ Ex enses $ __.___ $ Sub-Totai $ TOTAL FUNDS $ 3 70 19 7 TOTAL COSTS $ �o r �9 ATTACHMENT III AttacLment N to Grant Agreement PROJECT DESCRIPTION AND PROJECT COMPLETION SCHEDULE 2010 Proiect Descr�tudon: Inflow and Infiltration improvements to the sanitary sewer included abandonment of existing sanitary sewer,sanitary main spot repair(grout), installation of new sanitary sewer including connecting wyes,manhole sealing aad reconstruction,sewer main lining,manhole casting and cover replacement, and installation of new sanitary manhole stsuctures. 2010 Comaletion Date: Complete�as of October 2010 2011 Proiect Descrintion: �nflow and Infiltration improvements to the sanitary sewer include manhole sealing and reconstruction,sewer main lining,manhole casting and covex replacement,and new sanitary manhole structures. 2011 Completion Date: Will be completed by October 31,2011 Manhole Cover Renlacement Pruiect: Inflow and Infiltration improvements to the sanitary sewer include the replacement of 300 manhole covers within the City of Golden Valley. Manhole Cover Reulacement Date: Will be completed by October 31,2011 ATTACHMENT IV �i+v��so�a �anagement. 8�.�3udget s�,►�,��.za,a VIA P.MAIL Jason Willett . M(�S Fiqewce Qire�tor Metropoliten Cauacil 340 Robert St IV � SkPauI,MN SSIO! � � Re: Warver of Real Propaty Dccleralioa—Metropalitan Citles[nflow ead Intil�ation Grants Dear Mr.WiUatt: 1 have reviewe�your I�ter dated September 24.2010 requesHng a waivu pursuant to.Secdon 7.OZ(h)of dte Tidrd Order Amen�ng Order of Cemmissione,r of FYnance dated August 26,2Ui o(ttie"Cammissioaer's Orda")of the requir�ent that a rea!psopady dxlaraUtoa be re+eaded in oonaecxioa wlth grents to mehopoUtaa a�ea dr3es to address��iow and W3lhatioa into lomi senitary sewer coUecdon ssyst�rmg. • - I araive 8�e r�d�et a dealaretioa be rec�ded for die po�Lion ofsuch projats which iies cntirely within pubtic road,stireet aad 6ighway dghts�f-way and�liry easemcnu. However.e declazatlon w11!neett to be exet�ted and rerqided for arry partian of a proJect whtt�is on land outside of such ereas. PIeasa ncte dia2 this lettet oatly waives t1u req�t dmt a decteratlon be recorded The propmiy wil�rcnmin bo�-finenced pi+operty�d subjax ro all the atl�er requiianoats ofMmn.Stat.Sea[6A.695 end the Commissioner's Ordeer_. . This waiver is conditiunal upon au�eaeiving a signed copy of the bond�property Cerdflcatlon (substau6a3ty in fiie foim attached to the�lo grent egreemrnt attaahed to your tetter)from eactt geart�who tecdves a giant from Wis�tmgiam,iu w�h auch g�an�ee actmowtedges tirat the pm}ect praperiy�s 6ond-tiaattced juopuly and dws is snbjoct to at!t6e otfmr tequlce�ents of Minn.Stat Sec.16A.69S and ihe Commissioaet's oeder. Each sigusd Oerafic�don shaula beseat to Gay Creiter,Capi�1.Bodgei Coordinator at M�ru�esota Manage,merrt&8adget,at the addcess bdow. . SincErelY, � ��-�,,., . Tom 1.Hauson " C�tmissioner • � �Y��,� • A»gie Weidell-I.aBatho,NA� Gay Crreitea;NIlVID Patricia l�Isuman,Meao C�fOles wi[tam Moa�,MCPS/Metropoiitan Couacil R►es iCooisira,MeLropolit�Canncil Jeanrca Matrass,Metropofitan Council d00 Crntenaial6uiMioE•8.'i8 Calx5mrl•S�.PeuL I�f'umaoia SS153 • Vuim:(6Sl)201.SOOf1-Ruc:(6517296-8685•7'CY: l.�27-33� M C-qml O�rtunity Emyleyv ATTACHMENT V c�,y o ' , o er� a e . Police Department P � P u b I i c S a f e t y 763-593-8078/763-593-8098 (fax) � � Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. G. Authorization to Sign Joint Powers Agreements with Minnesota Bureau of Criminal Apprehension (BCA) for Access to Criminal Justice Data Communications Network (CJDN) Prepared By Stacy Altonen, Chief of Police Summary The Minnesota Bureau of Criminal Apprehension (BCA) has drafted a proposed Joint Powers Agreement for cities utilizing the BCA's various computer systems and tools available through the State's criminal justice data communications network. The purpose of this Agreement is to create a method by which the City has access to this network (via the Police Department) and to outline the requirements to obtain access and the limitations on the access. This Agreement will simplify the process of subscribing to new services offered by the BCA in the future and the cost for the services currently provided to the City will not change. Attachments State of Minnesota Joint Powers Agreement Criminal Justice Agency (6 pages) Resolution Approving State of Minnesota Joint Powers Agreements with the City of Golden Valley on Behalf of its City Attorney and Police Department (2 pages) Recommended Action Motion to adopt Resolution Approving State of Minnesota Joint Powers Agreements with the City of Golden Valley on Behalf of its City Attorney and Police Department. tl DPS-M-1169 � MN0270800 STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENC� This agreement is between the Sta.te of Minnesota,acting through its Deparhnent of.Public Safety,Bureau of Criminal Apprehension("BCA")and City of Golden Valley on behalf of its Police Depa`rfinent("Agency"). Recitals Under Minn. Sta.t. § 471.59,the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers.Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota.. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition,BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data.in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 E.xpiration date: This Agreement expires five years from the date it is efFective. 2 Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN}and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A.Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B.Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: sta.te message switch,web services,enterprise service bus and message queuing. For purposes of this Ageement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access.In addition,pursuant to 28 CFR§2030-38 and Minn. Sta.t. §299C.58,BCA will provide Agency with access to the Federal Bureau of Investigation(FBn National Crime Information Center. 1 DPS-M-1169 MN0270800 2.4 Agency policies.Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS)have policies, regula.tions and laws on access, use,audit,dissemination,hit confirmation,logging,quality assurance,screening(pre- employment), security,timeliness,training,use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations,as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at www.dps.sta.te.mn.us/cj dn/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalo default.aspx. 2.6 Access granted. A.Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligi�le. Eligibility is dependent on Agency(i)satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement;and(iii)acceptance by BCA of Agency's written request for use of a specific system or tool. B.To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access.On written request by Agency,BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions conta.ined in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making - information accessible.Agency agrees that it will comply with applicable state and federal laws when accessing, entering,using,disseminating, and storing data.. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any cliange in perFormance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk(cr�,state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.ZB,BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. . 2 DPS-M-1169 MN0270800 If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety,Agency must have a transaction record of all access to the data that are mainta.ined. The transaction record must include the individual user who requested access,and the date,time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data.were sent. The transaction record must be maintained for a minimum of siY(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request. 2.12 Court information access. Certa.in BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data.Services . Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below),fees(see Clause 3 below),and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement.The bills are sent quarterly for the amount of six hundred thirty dollars ($630.00)or a�ota.l aannual cost of two thousand five hundred twenty dollars($2,520.00). Agency will identify its conta.ct person for billing purposes,and will provide updated information to BCA's Authorized Representa.tive within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any,are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz,Department of Public Safety,Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St.Paul,MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Stacy Altonen, Chief, 7800 Golden Valley Rd,Golden Valley,MN 55427, (763)593-8059,or his/her successor. _ 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assign�nent. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Anzendsnents. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Contract Conzplete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act,Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Sta.t. Ch.466, governs the Agency's liability. 3 DPS-M-1169 MN0270800 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5,the Agency's books,records,documents,internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.Under Minn. Stat. § 6.551,the State Auditor may examine the books,records,documents,and accounting procedures and practices of BCA. The examination shall be limited to the books,records, documents,and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable sta.te and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws,regulations and policies about access,use, and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. .. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data.Practices Act, � Minn. Stat. Ch. 13,as it applies to all da,ta accessible under this Agreement,and as it applies to all data created, collected,received, stored,used,mainta.ined,or disseminated by the Agency under this Agreement.The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records.If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90)but is subject to.the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Sta.t. § 13.03, subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data.received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of,access to or submission of Court Records,as that term is defined in the Court Data,Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court,applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation.Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law,�nd policies and procedures referenced in this Agreement.When BCA becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation,subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred,Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered,after notice of an alleged violation is received,or after an investigation has occurred. Agency must report 4 , DPS-M-1169 MN0270800 the staxus of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction.If Agency's failure is continuing or repea�ted, Clause ll.l does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency.As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment,BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representa.tive of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment,access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination 11.1 Ter�nination. Th`e BCA or the Agency may terminate this Agreement at any time,with or without cause,upon 30 days' written notice to the other party's Authorized Representative. 11.2 Terniination for Insufficient Fundi�g. Either party may immediately terminate this Agreement if it does not obta.in funding from the Minnesota Legislature,or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other paxty's authorized representative.The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the ea�tent that funds are available.Neither party will be assessed any penalty if the ageement is terminated because of the decision of the Minnesota.Legislature,or other funding source,not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the afFected party receiving that notice. 5 � e DP5-M-1169 MN0270800 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6.Liability; 7.Audits; 8. Government Data.Practices; 9. Investigation of alleged violations; sanctions; and lO.Venue. The parties in�icate their agreement and authority to execute this Agreement by signing below 1. STATE ENCUIIIBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SATE1`Y,BUREAU OF Indivia'ual certifies that funds have been encumbered as required CRIMINAL APPREHENSION byMinn.Stat.§§16A.15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: Signed: Date: Title: (with delegated authority) CFMS Contract No.A- Date: 2. AGENCY Name: 4. COMNIISSIONER OF ADNIIl�TISTRATION (PRINTED) delegated to Materials Management Division Signed• By: Title: Date: (with delegated authority) Date• Name• (PRINTED) Signed: Title: (with delegated authority) Date: 6 Resolution 11-24 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF GOLDEN VALLEY ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Golden Valley on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Golden Valley, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Golden Valley on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Chief of Police, Stacy Altonen, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Mike Meehan, Operations Commander, is appointed as the Authorized Representative's designee. 3. That the Prosecuting Attorney, Frank Rondoni, Chestnut & Cambronne, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Mark Schneider, Prosecuting Attorney, is appointed as the Authorized Representative's designee. 4. That Linda R. Loomis, the Mayor for the City of Golden Valley, and Susan M. Virnig, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Resolution 11-24 - Continued June 7, 2011 Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. G'26, �. � i� i �� ,. �w, �;t � �/ P Finance 0 �° �� V4 V 763-593-8013/763-593-8109 fax � ) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. H. Receipt of April 2011 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report on the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing Fund (Enterprise Fund) Storm Utility Fund (Enterprise Fund) The revenues and expenditures show current month actual and year-to-date actual compared to the 2011 approved budget. General Fund Operations: The 2011 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of April 2011, the City is using $3,344,964 of fund balance to balance the General Fund budget. Attachments April 2011 General Fund Financial Report - unaudited (2 pages) April 2011 Conservation/Recycling Fund Financial Report (Enterprise Fund) - unaudited (1 page) April 2011 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) April 2011 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited (1 page) April 2011 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) - unaudited (1 page) April 2011 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) Recommended Action Motion to receive and file the April 2011 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Revenues April, 2011 (unaudited) Percentage Of Year Completed 33.00% Over % 2011 April YTD (Under) of Budget _Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,702,050 9,111 $9,111 ($11,692,939) 0.08% (1) Licenses 166,865 103,811 145,533 ($21,332) 87.22% Permits 576,400 44,817 186,419 ($389,981) 32.34% Federal Grants 0 0 0 $0 State Aid 10,500 1,551 16,031 $5,531 152.68% (4) Hennepin County Aid 0 0 950 $950 Charges For Services: General Government 37,725 2,019 2,384 ($35,341) 6.32% Public Safety 190,115 14,453 61,334 ($128,781) 32.26% Public Works 124,000 10,904 35,327 ($88,673) 28.49% Park& Rec 392,200 45,009 168,888 ($223,312) 43.06% Other Funds 981,500 9,828 18,852 ($962,648) 1.92% Fines& Forfeitures 250,000 30,322 80,874 ($169,126) 32.35% (2) Interest On Investments 100,000 0 0 ($100,000) 0.00% (3) Miscellaneous Revenue 214,140 5,766 16,885 ($197,255) 7.89% Transfers In 175,000 0 0 ($175,000) 0.00% TOTAL Revenue $14,920,495 $277,591 $742,588 ($14,177,907) 4.98% Notes: (1) The first half taxes will be received in July. This includes the Animal Humane Society payment. (2) Fines and Forfeitures are through March. (3) Investments will be booked at year end. (4) State Training will be received in August. This includes a HEAT training for Police. April, 2011 (unaudited) Over % 2011 April YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,970 29,714 93,128 ($194,842) 32.34% City Manager 747,095 58,504 225,273 (521,822) 30.15% Admin. Services 1,524,180 99,910 393,988 (1,130,192) 25.85% Legal 120,000 18,004 44,867 (75,133) 37.39% (1) Generai Gov't. Bldgs. 570,680 41,198 141,178 (429,502) 24.74% Planning 322,315 24,017 96,676 (225,639) 29:99% Palice 4,695,320 368,226 1,367,248 (3,328,072) 29.12% Fire and Inspections 1,516,730 117,824 471,178 (1,045,552) 31.07% Public Works Admin. 319,830 20,438 96,825 (223,005) 30.27% Engineering 613,515 77,535 188,876 (424,639) 30.79% Streets 1,333,375 69,977 405,129 (928,246) 30.38% Community Center 71,400 4,234 15,987 (55,413) 22.39% Park& Rec. Admin. 672,460 53,029 192,599 (479,861) 28.64% Park Maintenance 996,485 72,164 287,956 (708,529) 28.90% Recreation Programs 409,170 12,024 61,411 (347,759) 15.01% Risk Management 280,000 0 5,233 (274,767) 1.87% Transfers Out 439,970 0 0 (439,970) 0.00% TOTAL Expenditures $14,920,495 $1,066,798 $4,087,552 ($10,832,943) 27.40% (1) Legal is paid through March, 2011. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund April, 2011 (unaudited) Over 2011 April YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00% Recycling Charges 275,975 24,246 59,978 (215,997) 21.73% (3) interest on Investments 10,000 0 0 (10,000) 0.00% (1) Total Revenue 337,400 24,246 59,978 (277,422) 17.78% Expenses: Recycling 418,360 9,101 41,283 (377,077) 9.87% (2) Total Expenses 418,360 9,101 41,283 (377,077) 9.87% (1) Interest Earnings are allocated at year-end. (2) This is through March, 2011 curbside services. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund April,2011(unaudited) Over 2011 April YTD (Under) %a Budget Actual Actual Budget Current Revenue Water Charges 4,304,300 268,279 798,189 (3,506,111) 18.54% Sewer Charges 3,210,000 276,937 821,958 (2,388,042) 25.61% Meter Sales 5,000 621 1,051 (3,949) 21.02% MCES Grant Program 0 0 0 0 Penalties 100,000 17,672 50,184 (49,816) 50.18% Charges for Other Services 190,000 2,588 10,325 (179,675) 5.43% State Water Testing Fee Pass Through 43,000 4,056 11,576 (31,424) 26.92% Certificate of Compliance 45,000 10,250 32,600 (12,400) 72.44% Interest Earnings 85,000 0 0 (85,000) 0.00% Total Revenue 7,982,300 580,403 1,725,883 (6,256,417) 21.62% Expenses: Utility Administration 2,769,610 120,697 135,727 (2,633,883) 4.90% Sewer Maintenance 2,248,140 177,915 800,238 (1,447,902) 35.60% Water Maintenance 3,873,915 266,436 786,612 (3,087,303) 20.31% Total Expenses 8,891,665 565,048 1,722,577 (7,169,088) 19.37% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund . April,2011(unaudited) Over 2011 April YTD (Under) % Budget Actual Actual Budget Current Revenue Fees 981,155 45,906 49,166 (931,989) 5.01% Driving Range Fees 112,600 8,545 8,545 (104,055) 7.59% Par 3 Fees 194,240 6,471 6,471 (187,769� 333% Pro Shop Sales 80,000 6,494 7,233 (72,767) 9.04% Pro Shop Rentals 243,050 9,120 9,316 (233,734j 3.83% Concession Sales 216,000 10,764 11,183 (204,817) 5.18% Other Revenue 109,325 17,747 48,127 (61,198) 44.02% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (150,000) (81) (175) 149,825 0.12% Total Revenue 1,801,370 104,966 139,866 (1,661,504) 7.76% Expenses: Golf Operations 666,450 31,674 102,970 (563,480) 15.45% (2) Course Maintenance 742,820 38,816 141,177 (601,643} 19.01% Pro Shop 109,560 8,802 39,775 (69,785) 36.30% Grill 185,185 14,778 16,325 (168,860) 8.82% Driving Range 45,615 3,366 3,451 (42,164) 7.57% Par 3 Course 30,525 842 984 (29,541) 3.22% Total Expenses 1,780,155 98,278 304,682 (1,475,473) 17.12% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund April,2011(unaudited) Over 2011 April YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 9,000 0 0 (9,000) 0.00% (1) Charges for Services 531,000 51,239 137,462 (393,538) 25.89% (2) Total Revenue 540,000 51,239 137,462 (402,538) 25.46% Expenses: Motor Vehicle Licensing 529,135 27,045 107,650 (421,485) 20.34% Total Expenses 529,135 27,045 107,650 (421,485) 20.34% (1) Interest Earnings are allocated at year-end. (2) Activity is posted in through March. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund April,2011(unaudited) Over 2011 April YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000) 0.00% (1) Storm Sewer Charges 2,212,150 196,254 699,637 (1,512,513) 31.63% State Reimbursement(MPCA) 49,262 49,262 49,262 #DIV/0! Bassett Creek Watershed 715,000 0 0 (715,000) 0.00% Total Revenue 2,977,150 245,516 748,899 (2,228,251) 25.15% Expenses: • Storm Utility 2,018,810 88,493 440,329 (1,578,481) 21.81% (2) Street Cleaning 117,460 31,187 39,711 (77,749) 33.81% Environmental Control 276,985 9,431 35,133 (241,852) 12.68% Debt Service Payments 437,300 0 368,299 (69,001) 84.22% Tota) Expenses 2,850,555 129,111 883,472 (1,578,481) 30.99% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2010 PMP is not complete. f� � Park and Recreation 0 �� a, e 763-512-2342/763-512-2344(fax) Executive Summary for Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 3. I. Authorizing 2011 Application to Minnesota Department of Transportation Community Roadside Landscaping Partnership Program for Highway 55 Lilac Planting Prepared By Sandy Werts, Volunteer Coordinator Summary Since 2008, the City collaborated with the Minnesota Department of Transportation (MnDOT) to support the Bridge Builder Lilac Project initiated by Dwight Townes. Mr. Townes has asked for a fourth year of support and is working with MnDOT staff on a landscape plan for the north and south side of Highway 55 from Glenwood Avenue east to Douglas Drive. If the Council supports collaborating on the proposed 2011 Lilac Project, the Council should adopt the attached resolution of support. If approved by the City and State, the Lilac Project has proposed an October 1 planting date. The Lilac Project is also seeking volunteers to maintain plantings from previous years. Attachment Resolution Authorizing 2011 Application to Minnesota Department of Transportation Community Roadside Landscaping Partnership Program for Highway 55 Lilac Planting. (1 page) Recommended Action Motion to adopt Resolution Authorizing 2011 Application to Minnesota Department of Transportation Community Roadside Landscaping Partnership Program for Highway 55 Lilac Planting. Resolution 11-25 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING 2011 APPLICATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM FOR HIGHWAY 55 LILAG PLANTING WHEREAS, Bridge Builder Dwight Townes, in cooperation with the Golden Valley Connection Project and the Minnesota Department of Transportation (MnDOT) Landscape Partnership Program, has initiated a project to landscape the Trunk Highway 55 right-of- way from Wirth Parkway to Trunk Highway 169 in Golden Valley; and WHEREAS, the fourth phase of this project proposes to invite volunteers to landscape the north and south side of TH 55 right-of-way from Douglas Drive to Glenwood Avenue under the MnDOT Community Roadside Landscaping Partnership Program application period ending July 31, 2011; and WHEREAS, the support of the Golden Valley City Council and City staff is necessary to apply for MnDOT funding and successfully implement this project. NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley will act as sponsoring unit for the project identified as Highway 55 Lilac Planting, on state Trunk Highway 55, to be conducted during the period of August through November, 2011. BE IT FURTHER RESOLVED that local neighborhoods, churches, civic groups and businesses are hereby invited to send teams to help with the planting. BE IT FURTHER RESOLVED that City Manager Tom Burt is hereby authorized to apply to the Minnesota Department of Transportation for funding for this project on behalf of the City of Golden Valley and enter into a Cooperative Agreement with the Minnesota Department of Transportation to undertake this project if funded. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. o� � Public Works o � ae 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 4. A. Public Hearing for Vacation of Existing Easement at 6210 and 6224 Wayzata Boulevard Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, EIT, Engineer Summary A developer has proposed to redevelop existing Iots at 6210 and 6224 Wayzata Boulevard into one conforming parcel. During the platting process, it was determined that an existing sanitary sewer easement on the properties need to be vacated before the final plat is approved. Consistent with the subdivision ordinance, the proposed final plat includes new perimeter drainage and utility easements on the lot. An oversized drainage and utility easement, consistent with the easement being vacated, will be dedicated to accommodate the existing sanitary sewer on site. Staff has contacted all private utility companies regarding this proposed easement vacation requesting their review and comment. There have been no objections to this easement vacation. Attachments Existing Easements, 6210 and 6224 Wayzata Boulevard (2 pages) Resolution Vacating a Sanitary Sewer Easement 6210 and 6224 Wayzata Boulevard (1 page) Recommended Action Motion to adopt Resolution Vacating a Sanitary Sewer Easement at 6210 and 6224 Wayzata Boulevard. 1 I I i� �� .�.��..�..+� I ,\ \ • \/ I I � � � i � j � � I � ~ �,2�� wa��-i i �: i � � �ivd e � � � i � � io z i� i = i � � � i � � �;� � a I � o � � � � �, I � � f-------�.�------ � � � � j � O I � U I ---------------- ---------------------��---- I ------------a------ � r--------------------- i � � i i i , --___ i , i i __ � ` — ----- I --------- �� 155.12 � �� — k---� � � �. NaRni uNE��—-�AYZA�TA B LV D. —— c.�.a�— —— (F_K.A.C�-RD:+��_—__—__—---�_ —— � t m � '�� EASEMENT TO BE VACATED � That particular Sanitary Sewer easement,origlnally granted(n Document No.3608948,Office of the County � Recorder,Hennepin County,Mlnnesota,and now to be vacated,described as follows: �' A perpetual Sanitary Sewer easement in,on,over and across the north twenty(20)feet of the follow(ng descrtbed tract: � That part of the following described trect,lying East of the West 70 feet thereof,as measured perpendicular � to the West line thereof;that part of Government Lot 3,Sectlon 4,Township 117,Ran�e 21,described as: � � Beginning at a polnt in the North Iine of County Road No.41(Formerly Wayzata Boulevard)distant 332 � feet East of the West Iine of safd Section 4;thence West along the North Iine of said County Road No.41, NORTH E 155.12 feet to the actual point of beginnin�of the tract to be described;thence North parallel with the ° 30 � West Itne of sa(d Sect(on 4,300 feet;thence West along a Itne paralle�with the North line of said County Road No.41,to the West Itne of Sectton 4;thence South along the West Itne of safd Section 4,300 feet to � �N �T s the North line of said County Road No.41;thence East along said North line to the actual point of � beginning. Subject to U.S.Hi�hway No.12. �EASEMENTTO BE VACATED � ,��.;� ,��,��,� NELSON UPPER MIDWEST Destgned:�B ExhibitNumber �_ � �own�m sewr Drawn:MFH ��.�o� VENTURE BAIVK Approved:MFH "�"�'� `°� GOLDEN VALLEY, MN Issued:oa/is/zoii niqrmrrencm �"'�""��^^"��' EASEMENT VACATION -3608948 Rev.: Date: ProJect No. NEL18804 i � i—— ——— ` � �``SANIT Y� �.x%' N. . ��'�^.::��°.,.��4�,.��.�.�: I ^ � I N I I � a i �2�c� �a�� i I � � �1�� - � � � � I Io �g � $ � I� � � N I i � � i � (,�' I 'Q i � � p i � � Q I � I � � I � O i i � v I � -�------ i ---------------- ---------------------�.�----r-------------------------------- I � I � I � , --___ I , _ � I � — `' -� ----- I---__----- — _ ,�.,z �__�_ ' — � �;N�n�uNE oF 1—_�� A BLVD. c.�.ai� —— 1_ __ (F_K.A.C-R�:44}—_—_—___—----— —— —- � . $ � EASEMENT TO BE VACATED � That particular Sanitary Sewer easement,originally grarrted in Document No.3608949,Offlce of the County � Recorder,Hennepin County,Minnesota,and now to be vacated,descrlbed as follows: � A perpetual Sanitary Sewer Easement in,an,over and across the north twenty(20)feet of the following described trad: W � That part of Govemment Lat 3,Sect(on 4,Township 117,Range 21,Hennepin Courrty,Minnesota,descNbed � as follows: J ry Beginning at a point(n the North line of County Road No.41(formerly Wayzata Boulevard)distant 332 feet � East of the West line of Section 4,measured perpendicular to the West Ifne of said Sectlon 4;thence North o NORTH � � parallel to West 11ne of Section 4,30�feet,to actual polnt of begfnning of tract to be described;thence � South parallel to West line of said Sectfon 4,300 feet to North line of said County Road No.41,thence West along North line of said County Road No.41,155.12 feet;thence North parallel to West line of said � �N FE�r � Section 4,30U feet;thence East to point of beginning. ,"r. �k�EASEMENT TO BE VAfJ1TED �' �;, . „�,�,,,�,��,,, NELSON UPPER MIDWEST Deslgned:�B ExhibitNumber � : � ey�an�um�som 6saar Drawn:MFli ,. �� ,�.�o�°" VENTURE BANK Approved:nnF►+ �"',,,�m `� GOLDEN VALLEY, MN Issued:aa/11/zou ��'°�^�� EASEMENT VACATION -3608949 R�'•� Date: ProJect No. NEL18804 Resolution 11-26 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING A SANITARY SEWER EASEMENT AT 6210 AND 6224 WAY7�►TA BOULEVARD WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted public hearing on the vacation of the sanitary sewer easement at 6210 and 6224 Wayzata Boulevard; and WHEREAS, all persons present were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said sanitary sewer easement, Document Number 3608948 and 3608949 as recorded at the Office of the County Recorder, Hennepin County, Minnesota; located within the property legally described below shall be vacated: The property is described as: Government Lot 3, Section 4, Township 117, Range 21, Hennepin County, Minnesota. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Cu a,f�.; Planning O _�/� �, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 4. B. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan Map - Change from Light Industrial to Medium-High Density Residential - 9110 Golden Valley Road Prepared By Joe Hogeboom, City Planner Summary The Planning Department proposes to amend the General Land Use Plan Map by designating the property located at 9110 Golden Valley Road to "Medium-High Density Residential." The property is currently designated as "Light Industrial." It is shown as area "A" on the attached General Land Use Plan Map. The Planning Commission has voted to recommend retaining the current land use designation of"Light Industrial" for this location. The findings are as follows: • The apartment buildings at 9110 Golden Valley Road provide affordable housing options to the community. • The housing is located close to many jobs. • Rezoning the property to "Light Industrial"would render the apartment buildings as non- conforming uses. • The City Council has identified this area as an appropriate location for long-term housing and has directed staff to move forward with the General Land Use Plan Map amendment process. Attachment Location Map (1 page) Memo to Planning Commission dated April 15, 2011 (1 page) Planning Commission Meeting minutes dated May 9, 2011 (2 pages) Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Property Located at 9110 Golden Valley Road (1 page) Recommended Action Motion to adopt Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Property Located at 9110 Golden Valley Road. Area A Location 9110 Golden Valley Road Current Land Use Designation — Light Industrial Proposed Land Use Designation — Medium-High Density Residential � i � . 3 � _ . �:�:�. � I � I , � � I � :. �� ._ . �. ,. : ,_ l�: <: . j , .. , .� � f � , ,:.: i � € . . . �� Mc�,pAa,HwY 5 Ftonta9p RA � _ _. ET►`�O" z < ( ' ' �., _ + v, o+ -- � „ Watly�51 � ( .. � Gener�11l4�11� � ��,=.�:a;,... , �J,�ture � �' �1 � +,. xa � � - Ka, e Planning 763-593-8095/763-593-8109 (fax) Date: April 15, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Subject: General Land Use Plan Amendment— 9110 Golden Valley Road Background The City Council has directed staff to amend the General Land Use Plan Map by designating the property located at 9110 Golden Valley Road to "Medium-High Density Residential." The property is currently designated as "Light Industrial." It is shown as area "A" on the attached General Land Use Plan Map. There are currently five apartment buildings Iocated on the site, with a total of 54 units. If the property is not re-designated on the General Land Use Plan Map, then it must be rezoned to "Light Industrial" by June 9, per Metropolitan Council requirements. Findings Regarding this proposed amendment, staff finds that: • The apartment buildings at 9110 Golden Valley Road provide affordable housing options to the community. • The housing is located close to many jobs. • Rezoning the properiy to "Light Industrial" would render the apartment buildings as non- conforming uses. • The City Council has identified this area as an appropriate location for long-term housing. Recommended Action Staff recommends amending the General Land Use Plan Map by designating the property at 9110 Golden Valley Road as "Medium-High Density Residential." In its recommendation to the City Council, staff asks that the Planning Commission adopt findings. Attachments: Location Map (1 page) General Land Use Plan Map (1 page) Minutes of the Golden Valley Planning Commission May 9, 2011 Page 3 3. Informal Public Hearing — General Land Use Plan Map Amendment—9110 Golden Valley Road — CPAM-45 Applicant: City of Golden Valley Address: 9110 Golden Valley Road Purpose: To change the designation on the General Land Use Plan Map from Light Industrial to Medium High Density Residential Hogeboom referred to the General Land Use Plan Map and explained;#hat there:are four separate areas that need to be redesignated due to the Compreher�sive:Plan update done in 2008. He explained that the City Council has reviewed these four'�reas and has determined that they do not wish to rezone the properties at this time. Therefor�, the Land Use Plan Map has to be changed back to how it was before the 2a0$"Plan update so that the Zoning Map and Land Use Plan Map are consistent. He referred to the first area in question which is 911.0 Golden:Valley Road and stated that it is being recommended that the land use designation be changet� from Light Industrial to Medium High Density ResidentiaL Cera asked what would happen if the property were.changed to an office use. Hogeboom stated that the Zoning Map and Land Use Plan IVlap wou'Id have to be amended at that time. Kisch asked if changing the land use designation back to what it was before the Comprehensive Plan update u'vo4�ld'be going against what was already decided by the public process. Kluchka expressed.�A�cern�a��iut "spot zoning." He asked about the possibility of allowing apartments as � �ondit�onal use in the Light Industrial zoning district. Grimes explained that t�� ap�'�me�ts=on�this property provide a number of affordable units and the City Council�li�,s stat�'tl they'd like to maintain it. , .�, Segelbaum asketl�about t�ie impact to the property if it were to become a non-conforming use. Hogeboom stated that the property could continue to be used as a multi-family property. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka said he is not in support of the recommended action to redesignate the property to Medium-High Density because it appears to be "spot zoning", the apartment buildings are allowed to remain, and there is the clear ability to improve the property. He added that his preference would be to have something non-residential on this property. Cera said he feels conflicted because if the designation is changed, the apartment buildings could be removed which he doesn't want. If the designation is not changed, an Minutes of the Golden Valley Planning Commission May 9, 2011 Page 4 applicant would have to come before the City to ask for the property to be redesignated and rezoned if they wanted to redevelop this property for a different type of use. Kisch said keeping the property as it is would be a disservice and ultimately the market will dictate what will develop on this property. Waldhauser added that the process to amend the Zoning Map and the General Land Use Plan Map is lengthy and she speculates that re-designating the property now is an easier way to allow senior housing. MOVED by Kluchka, seconded by Cera and motion carried unanimously to recommend denial of changing the designation on the General Land Use Plan Map fr�tri'=Light Industrial to Medium High Density Residential for the property at 9110 Golden V�I,ley Road based on the following findings: y , 1:. • Having one residential parcel in th°e middle of a businessrrltlustr��1 area co�ld be considered "spot zoning." • If land use remains "light industrial", existing apartment complexes c�n remain in place as legal non-conforming uses, and can be improyed or replaced as needed. • Reverting the land use designation to residential wpuld go against the planning process that was involved in the Comprehensive Plan revision of 2008. ° Informal Public Hearing —Gen al�Land Use Plano Map Amendment—2040 Douglas Drive—CPAM-46 plicant: City of Golden;V�ll y ` Addr s: 2040 Dou�las�Dri ,,3 _ , Purpose: To ah��nge th� d � `�gnation on the General � � Use Plan Map from ediurn-Low'De ity Residential to O Hogeboom referred tq.a . p of the p perty locate 2040 Douglas Drive. He stated that the recomrrt�ndation is r�desi ate the p . erty from Medium-Low Density Residential to Of��, so ti�at th rop will, t become a non-conforming use when the property is;zaned Re�ider�tial. ,- � ; ,:, �' , ''.:a; � Kisch aske;d if�tiii� properly was d i ated Medium-Low Density Residential before or aft�r,the Dou��as��rive Corrid tu . ogeboom said the property was designated Mediurt�-Low Q�nsity befor e Stu y. h noted that the Study calls for this area to be mixed use. Grif�nes state hat the C may ve to Iook at the zoning in the Douglas Drive Corridor in the f re as land es chan . Waldhauser sta that the current esignation for 's property is Medium-Low Density Residential w ch is what is intend for the areas su unding this property according to the long-te future uses identified Douglas Drive Co ' or Study. She added that she has the me concerns with this pr perty as the area previ usly discussed. Wa auser opened the public hea ng. Seeing and hearing no one wishing to comment, dhauser closed the public hearing. Resolution 11-27 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 9110 GOLDEN VALLEY ROAD WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the General Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of chapter 11.90, Subd. 7 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the General Land Use Plan Map for the City of Golden Valley is hereby amended by changing the Light Industrial use to Medium-High Density Residential use as the official land use designation for the property located at and legally described as follows: Unplatted - 31 118 21 - South 1 Rod of East 584 95/100 Feet of Southwest '/ of Northwest �/4 and the East 584 95/100 Feet of that part of Northwest '/4 of Southwest '/4 lying North of Watertown Road Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. ��t a,�`y,; � �. Planning � ' �� , e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 4. C. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan Map - Change from Medium-Low Residential to Office - 2040 Douglas Drive Prepared By Joe Hogeboom, City Planner Summary The Planning Department proposes to amend the General Land Use Plan Map by designating the property located at 2040 Douglas Drive to "Office." The property is currently designated as "Medium-Low Density Residential." It is shown as area "B" on the attached General Land Use Plan Map. There is currently a small office building located on the site. The Planning Commission has voted to recommend denial of this amendment. The findings are as follows: • The office building located at 2040 Douglas Drive provides employment options to the surrounding neighborhood and to the general community. • Rezoning the property to "Moderate Density (R-2) Residential" would render the office building as a non-conforming use. • The City Council has identified this area as an appropriate location for long-term office use and has directed staff to proceed with amending the General Land Use Plan Map. Attachment Location Map (1 page) Memo to Planning Commission dated April 15, 2011 (1 page) Planning Commission Meeting minutes dated May 9, 2011 (2 pages) Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Property Located at 2040 Douglas Drive (1 page) Recommended Action Motion to adopt Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Property Located at 2040 Douglas Drive. Area B Location 2040 Douglas Drive Current Land Use Designation — Medium-Low Density Residential Proposed Land Use Designation — Office _ > � �z sa��u�� c� " � VVesibrook , n �;: _ ��K.::� x :. z Rd �_ ,` � 0 �' Westri�ore W� �o �t ��,k� �� ; .��,+��e: � as �,3 .:� "�� $� f� ��. a °��.�° '� ��"��" � �. � Ker�net� Way � , King of Grac�e z � ;rµ �� , Lutheran Q �� ` �� ttUtCh � A�.Y''� � � . '. � ' , ��a��?��'��'�'�;g{ # �� 1('inwr��t1r t1 P��O� . CJ °�.��`�„ `��"��"'`s�°t�., �r' . ..ry� +Ci�n Z1 ° + �'��:. �+� ��ar��j� Q r b t„� � .�° i� � ' "��'-..�*;� �� :. � '�� y � �� r.�� . �� .�� " � aulusi7 St � � � . �k • • ��"��,.�� _ Y�.. Y` 4 'q" ��'�t#''g��k�`� � � � ��,' � � 4 j K C ��iY .�" II$ '. _�� :. dR" � Q� e ��'" y,- � ?� (v � .`y' � ,., }�� .�a ,.a4+ �� d 'K. if' �y-a+�, ,e,�.. - '\l x � v � �� „ � � �l,tlt,ltfl �c� � �' .- }�-� ¢ +i �� Planning o e 763-593-8095/763-593-8109 (fax) Date: April 15, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Subject: General Land Use Plan Amendment—2040 Douglas Drive Background The City Council has directed staff to amend the General Land Use Plan Map by designating the property located at 2040 Douglas Drive to "Office." The property is currently designated as "Medium-Low Density Residential." It is shown as area "B" on the attached General Land Use Plan Map. There is currently a small office building located on the site. If the property is not re- designated on the General Land Use Plan Map, then it must be rezoned to "Moderate Density (R-2) Residential" by June 9, per Metropolitan Council requirements. Findings Regarding this proposed amendment, staff finds that: • The office building located at 2040 Douglas Drive provides employment options to the surrounding neighborhood and to the general community. • Rezoning the property to "Moderate Density (R-2) Residential" would render the office building as a non-conforming use. • The City Council has identified this area as an appropriate Iocation for long-term office use. Recommended Action Staff recommends amending the General Land Use Plan Map by designating the property at 2040 Douglas Drive as "Office." In its recommendation to the City Council, staff asks that the Planning Commission adopt findings. Attachments: Location Map (1 page} General Land Use Plan Map (1 page) Minutes of the Golden Valley Planning Commission May 9, 2011 Page 4 applicant would have to come before t e City to ask for the property to be redesignated and rezoned if they wanted to redevel p this property for a different type of use. Kisch sai ing the property as it i would be a disservice timately the market will dictate wha ' I develop on this pr perty. Waldhauser ed that the process to amend the Zoning and the Gener I Land Use P ap is lengthy and she speculates that re-design ' g the pro rty now ' n easier way to allow senior housing. MOVED by Kluchka, seconded by d motion carried unanimously to recommend denial of changing the designation eneral Land Use Plan Map from L'rght Industrial to Medium High Den ' es entia the property at 9110 Golden Valley Road based on the followi ndings: • Having one re ' ntial parcel in t e middle of a business/i trial area Could be considered " ot zoning." , • If land remains "light industri ", existing apar#ment complexes can remain in plac s legal non-conforming us s, and can be improved or replaced as needed. • R erting the land use designatio to residential would go against the planning rocess that was involved in the omprehensive Plan revision of 2008. 4. Informal Public Hearing —General Land Use Plan''Map Amendment— 2040 Douglas Drive— CPAM-46 Applicant: City of Golden-V�Iley Address: 2040 Douglas Driye Purpose: To ch;�nge th;e designation on the General Land Use Plan Map from Medium-Low Density Residential to Office Hogeboom referred to a map of the property located at 2040 Douglas Drive. He stated that the recommendation is to redesignate the property from Medium-Low Density Residential to Office so#hat the property will not become a non-conforming use when the property is,zQned Res�der�tial. Kisch ask�;d if 3tM�s property was designated Medium-Low Density Residential before or afte�.,the Dou"glas Q�ive Corridor Study. Hogeboom said the property was designated Medium-Low C3�nsity before the Study. Kisch noted that the Study calls for this area to be mixed use. Grimes stated that the City may have to look at the zoning in the Douglas Drive Corridor in the future as land uses change. Waldhauser stated that the current designation for this property is Medium-Low Density Residential which is what is intended for the areas surrounding this property according to the long-term future uses identified in Douglas Drive Corridor Study. She added that she has the same concerns with this property as the area previously discussed. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 5 Kluchka said he is not in favor of this recommendation because the original direction for this property was identified through the Comprehensive Plan public process and the Douglas Drive Corridor Study directed the area for mixed use. He said he is not sure he wants to consider the Douglas Drive Corridor Study over the Comprehensive Plan but the request for office use is neither mixed use or residential. Hogeboom explained that the Douglas Drive Corridor Study is part of the Comprehensive Plan but is not reflected on the General Land Use Plan Map. Kisch stated that maintaining the property as an office use seems to fit with the vision of mixed use as stated in the Douglas Drive Corridor, so while it seems to be�spo:t zoning he would support an office use for this property because it fits with the larger visior�: Segelbaum agreed and said he thinks office is an appropriate use �t this;property; MOVED by Cera, seconded by Kluchka and motion carried � t�;1 to r��ommentl��denial of changing the designation on the General Land Use Plan Map fror�i:Medium�Low Density Residential to Office for the property at 2040 Douglas Drive based �r� the��Ilowing findings. Commissioner Segelbaum opposed. "g� • Having one office parcel in the middle of a residenfial.area cauld be considered "spot zoning." • If land use remains "medium-low density residential", existing office building can remain in place as a legal non-conforming use, and,aan be improved or replaced as needed. � • Reverting the land use designation to Office would go against the planning process that was involved in the Comprehensive Plan revision of 2008. • The Douglas Drive Corridor�#udy identified this area as primarily residential in character. _;�. :,! k,; � Informal Public Hea'r�ng�-G eral Land Use Plan Map Amendment— 1100, 1170, 1200 & 130Q Dot�i�las rive and 6200 & 6212 Golden Valley Road — AM-47 Appli nt: City of Golden Iley Addre�s: 1`100,'1170, 12 0 & 1300 Douglas D ' nd 6200 & 6212 Golden ey Road P,urpose;:; To cha the ' nation on the General Land Use Plan Map from High Densi esidential to Medium-High Density Residential r Hogeboom referred to t properti s o location map. He stated that this property is currently designate r High Den ity Res ntial and is being proposed for re- designation to M ium-High Den ty. He exp ' ed that the City Council has stated they feel this site uld be suitable fo high density s 'or housing, but may not be suitable high dens' non-senior housing ecause of the tra impacts associated with High Densi esidential uses. If high nsity senior housing allowed with a Conditional Use Pe it, as previously discussed, hen this site would still be able to accommodate high nsity senior-oriented housing. Resolution 11-28 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 2040 DOUGLAS DRIVE WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the General Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of chapter 11.90, Subd. 7 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the General Land Use Plan Map for the City of Golden Valley is hereby amended by changing Medium-Low Residential use to Office use as the official land use designation for the property Iocated at and legally described as follows: Lot 13, Yarnalls Golden Valley Outlots Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. � e�� ; , Planning O ,�/� �, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 4. D. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan Map - Change from High Density Residential to Medium-High Density - 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road Prepared By Joe Hogeboom, City Planner Summary The Planning Department proposes to amend the General Land Use Plan Map by designating the properties located at 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road to "Medium-High Density Residential." The properties are currently designated as "High Density Residential." They are shown as area "C" on the attached General Land Use Plan Map. In the past, the City Council indicated that this site would be suitable for high density senior housing, but may not be suitable for high density non-senior housing. If higher density senior housing is allowed with a Conditional Use Permit in the Medium Density (R-3) Residential Zoning District, then this site would still be able to accommodate high density senior-oriented housing. The Planning Commission has voted recommend approval of this amendment. The findings are as follows: • High density senior housing may be appropriate for this location. • High density non-senior housing may have traffic levels that cannot be sustained at this location. • The City Council has identified this area as an appropriate location for long-term medium- high density residential use and has directed staff to proceed with this amendment. Attachment Location Map (1 page) Memo to Planning Commission dated April 15, 2011 (2 pages) Planning Commission Meeting minutes dated May 9, 2011 (2 pages) Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Properties Located at 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road (2 pages) Recommended Action Motion to adopt Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Properties Located at 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road. Area C Location 1100, 1170, 1200 & 1300 Douglas Drive and 6200 & 6212 Golden Valley Road Current Land Use Designation — High Density Residential Proposed Land Use Designation — Medium-High Density Residential , 7 G° r-.,,...• G N y � , � i�1 0 �G � � ^ Z v c > > Qek �Q �Gcave utr �CMtsrC� .--�. �—' �SSett Creeh ° �.� B `der�;��E�y � �,e� / t � F�,oe`��x S z r' ; `j .. 7 Seeman a �� CJ � ,b��< �- � � Q Park L �fis} � c c �� u. ' ; 'S v N � '=';�"..�'.:`.zr � � O , _ " ;_ . .. ' . � � 1 r � , _ ,�' �x. fi{'; a .tad t � � � Planning � .�-� e 763-593-8095/763-593-8109 (fax) Date: April 15, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Subject: General Land Use Plan Amendment— 1100, 1170, 1200 and 1300 Douglas Drive & 6200 and 6212 Golden Valtey Road Background The City Council has directed staff to amend the General Land Use Plan Map by designating the properties located at 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road to "Medium-High Density Residential." The properties are currently designated as "High Density Residential." They are shown as area "C" on the attached General Land Use Plan Map. The City Council feels that this site would be suitable for high density senior housing, but may not be suitable for high density non-senior housing. If higher density senior housing is allowed with a Conditional Use Permit in the Medium Density (R-3) Residential Zoning District, then this site would still be able to accommodate high density senior-oriented housing. If the property is not re-designated on the General Land Use Plan Map, then it must be rezoned to "High Density (R-4) Residential" by June 9, per Metropolitan Council requirements. Findings Regarding this proposed amendment, staff finds that: • High density senior housing may be appropriate for this location. • High density non-senior housing may have traffic levels that cannot be sustained at this location. • The City Council has identified this area as an appropriate location for long-term medium-high density residential use. Recommended Action Staff recommends amending the General Land Use Plan Map by designating the properties located at 1100, 1170, 1200 and 1300 Douglas Drive and 6200 and 6212 Golden Valley Road as "Medium-High Density Residential." In its recommendation to the City Council, staff asks that the Planning Commission adopt findings. Attachments: � Location Map (1 page) General Land Use Plan Map (1 page) Minutes of the Golden Valley Planning Commission May 9, 2011 Page 5 KI chka said he is not in favor of this reco mendation because the original direction for thi roperty was identified through the C prehensive Plan public process and the Dou s Drive Corridor Study directed the rea for mixed use. He said he is not sure he wants consider the Douglas Drive Corri or Study over the Comprehensive Plan but the request fo ffice use is neither mixed use r residential. Hogeboom explained that the Douglas Driv orridor Study is part of th Comprehensive Plan but is not reflected on the General Lan se Plan Map. Kisch stated that main ' ing the property s an office use seems t ith the vision of mixed use as stated in the uglas Drive orridor, so while it s to be'�pqt,zoning he would support an office use fo is prope because it fit the larger vision�. Segelbaum agreed and said he thi offi e is an ap .. " riate us�;�t this°; , ro e P p rtY! MOVED by Cera, seconded by Kluchka a ion carried 5 to 1 to recommend denial vf changing the designation on the Genera n se Plan Map from Medium Low Density Residential to Office for the propertyw, `�0 0 Dou Drive based on;the following findings. Commissioner Segelbay� oppo d. • Having one office par, in the middl of a residential,are could be considered "spot zoning." • If land use rem s "medium-low derl ity�residential", existing o e buifding can remain in pl as a legal non-confor ing use, and;can be impro d or replaced as needed. • Revert' the land use designation td ffice would go against the planning process that s involved in the Comprehensive Plan revision of 2008. • T Douglas Drive Corridor Study identified this area as primarily residential in aracter. 5. Informal Public Hearing —General Land Use Plan Map Amendment— 1100, 1170, 1200 &z1300 Douglas Drive and 6200 8� 6212 Golden Valley Road — CPAM-4,7 ` Applicant:� � ;�City,EQf Golden Valley Atl�lres$r�� ' 1�i;00, 1170, 1200 & 1300 Douglas Drive and 6200 & 6212 Golden Valley Road Purpose: To change the designation on the General Land Use Plan Map from High Density Residential to Medium-High Density Residential Hogeboom referred to the properties on a location map. He stated that this property is currently designated for High Density Residential and is being proposed for re- designation to Medium-High Density. He explained that the City Council has stated they feel this site would be suitable for high density senior housing, but may not be suitable high density non-senior housing because of the traffic impacts associated with High Density residential uses. If high density senior housing is allowed with a Conditional Use Permit, as previously discussed, then this site would still be able to accommodate high density senior-oriented housing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 6 Cera referred to the single family properties in this area and asked if they would become non-conforming if they are re-designated to Medium-High Density Residential. Hogeboom said they would become non-conforming. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka asked how this area was identified in the Douglas Drive Corridor Study. Kisch noted that the Study calls for residential in this area but doesn't specify the density. Kisch stated that he believes designating the property Medium-High Density would mitigate the traffic issues in this area and he also believes in this case re-designating the property to Medium-High Density would not constitute "spot zoning" because it,fits well with fhe current General Land Use Plan Map and the adjacent land uses: ' Kluchka agreed that re-designating the properties to Medium`��High:Density,meets the original intent of the research done for the Comprehensive Plan Upd�te I;�'also fits with the Commission's recommendation to modify the R-3 Zoning District fo°allow Senior and Physical Disability Housing as a Conditional Use. Schmidgall said he is also in favor of this recommendation and he hopes to avoid another Applewood Point type of project at this location. MOVED by Kisch, seconded by Segelbaum and motion carried unanimously to recommend approval of changing the�d,esignation on the General Land Use Plan Map from High Density Residential to.,IVledium-High Density Residential for the properties located at 1100, 1170, 1200 &, 13�0 Douglas Drive and 6200 & 6212 Golden Valley Road based on the following findin'gs�' . • High density senior hoUSing 'may be appropriate for this location. • High density non-senior housing may have traffic levels that cannot be sustained at this location. • The City Council has identified this area as an appropriate location for Iong-term medium-high densitjr residential use. , 6, n:formal Pu�lic Mearing — eneral Land Use Plan Map Amendment—5635 & '1,�1e`nwood Avenue — PAM-48 �'�'`�4pphc '��'t: � City of Golden alley f, Address: 635 and 57 Glenw venue Purpose: To ch e designation on the General Land Use Plan Map from Medi - Density Residential to Low Density Residential Hogeboom refer to a map of he pro ies located at 5635 and 5701 Glenwood Avenue. He ted there are cu ently two le family homes located on these prop . He explained that t re are multipl mily dwellings nearby so it was originally thought these propert es should also be esignated for a higher density use. Resolution 11-29 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTY LOCATED AT 1100, 1170, 1200 AND 1300 DOUGLAS DRIVE AND 6200 AND 6212 GOLDEN VALLEY ROAD WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the General Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of chapter 11.90, Subd. 7 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the General Land Use Plan Map for the City of Golden Valley is hereby amended by changing High Density Residential use to Medium-High Density use as the official land use designation for the properties located at and legally described as follows: 1100 Douglas Drive Registered Land Survey No. 1079, Tract C except roads including adjacent part of Golden Valley Road vacated. 1170 Doualas Drive Registered Land Survey No. 0433, Tract B 1200 Douglas Drive Registered Land Survey No. 0433, Tract A 1300 Douglas Drive Unplatted 28 118 21 - Commencing at Southwest Corner of Section 28 then East 17 3/4 R then North 9 R then 17 3/ R then S 9 R to Beginning 6200 Golden Vallev Road Registered Land Survey No. 1079 - Tract A also that part of Lot 29 Auditors Subdivision No. 346 lying East of a Line par with and 292 875/1000 feet East of West line of Section lying South of Center Line 6212 Golden Valley Road Registered Land Survey No. 1079 - Tract B except Road including adjacent part of Golden Valley Road vacated Resolution 11-29 - Continued June 7, 2011 Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. �� ' O° � � Planning '�'�' ��^��r� �, e 763-593-8095!763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 4. E. Public Hearing -Amendment to the Comprehensive Plan's General Land Use Plan Map - Change from Medium-High Density Residential to Low Density Residential - 5635 and 5701 Glenwood Avenue Prepared By Joe Hogeboom, City Planner Summary The Planning Department proposes to amend the General Land Use Plan Map by designating the properties located at 5635 and 5701 Glenwood Avenue to "Low Density Residential." The properties are currently designated as "Medium-High Density Residential." They are shown as area "D" on the attached General Land Use Plan Map. The Planning Commission voted to recommend approval of this amendment. The findings are as follows: • Rezoning this area to Medium-High Density (R-3) Residential would render the homes as non-conforming uses. This amendment prevents the requirement to rezone the properties. • The City Council has identified this area as an appropriate location for long-term low density residential use and has directed staff to proceed with this amendment. Attachment Location Map (1 page) Memo to Planning Commission dated April 15, 2011 (1 pages) Planning Commission Meeting minutes dated May 9, 2011 (2 pages) Resolution for Amendment to the Comprehensive Plan's General Land Use Plan Map Respecting Properties Located at 5635 and 5701 Glenwood Avenue (1 page) Recommended Action Motion to adopt Resolution for Amendment to the Comprehensive Plan's General Land Use Plan IVlap Respecting Properties Located at 5636 and 5701 Glenwood Avenue. Area D Location 5635 and 5701 Glenwood Avenue Current Land Use Designation — Medium-High Density Residential Proposed Land Use Designation — Low Density Residential �.� �� - ��eis � �,� � �u �e ' , �� -�, r i�,, ��.. ; _ ��a R '�, - ' � �} -'� Co � ��i ond ,�. et�wood A �.. ��j� � � ; , -� � �,,� �� P c�r � � � ., � ; , � �� c� z.. � ' � � �. � ; Xenia � . .�� Laurel -�ctz' Mitigation r . Nills Pc�r�d `� �.: � � Minutes of the Golden Valley Planning Commission May 9, 2011 Page 6 Cera referred to the single family propertie in this area and asked if they would become non-conforming if they are re-designated to edium-High Density Residential. Hogeboom said they would become non-conforming. aldhauser opened the public hearing. Se ng and hearing no one wis,, ' g to comment, Wa auser closed the public hearing. Kluchka ask ow this area was identified n the Douglas Dri: Corridor Study. Kisch noted that the Stu alls for residential in t is area but do ; 't specify the density. Kisch stated that he believes ignating the prop rty Medium igh Density would mitigate the traffic issues in this area an e also believ s in this se re-designating the property to Medium-High Density would no nstitute " pot z ing" because it fits'inr�ll with the current General Land Use Plan Ma nd th a ' cent land use$;. � Kluchka agreed that re-designating the pr ies to Medium-High Density meets the original intent of the research done for,tf� om hensive Plan Update. It also fits with the Commission's recommendation t od' the R- oning District to allow Senior and Physical Disability Housing as a C 'dition Use. Schmidgall said he is also in f�or of this r ommendation an hopes to avoid another Applewood Point type of pr ect at this loc ion. MOVED by Kisch, sec ded by Segelbau and motion carried unanimo to recommend approv of changing the desi nation or� the General Land Use Map from High Density esidential to Medium- igh Density Residential for the properties located at 1100, 170, 1200 & 1300 Dougl s Drive and 6200 & 6212 Golden Valley Road based on the lowing findings: • High ensity senior housing may be ppropriate for this location. • Hi density nori-senior'housing ma have traffic levels that cannot be sustained at t s location. � • he City Co;uncil�li��'i��entified this a a as an appropriate location for fong-term medium-higfi'dsnsi�jr residential use. . 9 6. Informal;Public Hearing —General Land Use Plan Map Amendment—5635 & 5701;�Glenwood Avenue — CPAM-48 Applicant: City of Golden Valley Address: 5635 and 5701 Glenwood Avenue Purpose: To change the designation on the General Land Use Plan Map from Medium-High Density Residential to Low Density Residential Hogeboom referred to a map of the properties located at 5635 and 5701 Glenwood Avenue. He stated there are currently two single family homes located on these properties. He explained that there are multiple family dwellings nearby so it was originally thought these properties should also be designated for a higher density use. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 7 Upon further review it was realized that these properties are not large enough to support a multi-family development so the recommendation is to re-designate the properties to Low Density Residential to reflect what is currently there. Kisch asked about the limitations of expanding the homes on these properties if the designation is changed to Medium-High Density. Hogeboom said the homes could be expanded if they meet the requirements of the Zoning Code. Kisch asked if a condition could be placed on these properties stating that no expansion would be allowed. Hogeboom stated that conditions cannot be placed rezoning applications. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment Waldhauser closed the public hearing. Segelbaum said he is in favor of keeping the density low in this area.. Cera said he thinks keeping the properties designated Medium-High,Density Residential is in keeping with the spirit of the Comprehensive Plan and it would allow the existing properties to remain. Kisch said he doesn't want the properties to become non- conforming. Grimes explained that if a developer wanted to develop these properties they would have to come before the City Council and��sk for a �amprehensive Plan Amendment and a Rezoning. MOVED by Segelbaum, seconded by Cera and.motion carried 5 to 1 to recommend approval of changing the designation on the Gener�l Land Use Plan Map from Medium- High Density Residential to Low Density Residential based on the following findings. Commissioner Kluchka opposed. • Rezoning this area to:Medium-High Density (R-3) Residential would render the homes as non-conforming t�ses. • The City Coun�il has identi.fied this area as an appropriate location for long-term low density residential use,{ � --Short Recess-- �i. Reports on Mee#ings of the Hou ing and Redevelopment Authority, City ` cil,`Board of Zoning Appea s and other Meetings Grimes,reported tha adult day care n Boone A will be coming to a future Planning Commission mee o amen the" ditional Use Permit to allow for more clients. Segelbaum handed out th ently p sed state s re arding the new variance language and discu the new lang age regarding practica difficulties. Hogeb stated that the Council will be discussing the consolidation of the Board of g Appeals with the Planning Co mission at the May 10 Council/Manager meeting. Resolution 11-30 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR AMENDMENT TO THE COMPREHENSIVE PLAN'S GENERAL LAND USE PLAN MAP RESPECTING PROPERTIES LOCATED AT 5635 AND 5701 GLENWOOD AVENUE WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof and has heard all interested persons, and it appearing in the interest of the public that the General Land Use Plan Map as heretofore adopted and enacted by the City of Golden Valley be amended. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that pursuant to the provision of chapter 11.90, Subd. 7 of the City Code for the City of Golden Valley, and subject to review and approval by the Metropolitan Council for conformity with regional systems plan as provided in state law, the General Land Use Plan Map for the City of Golden Valley is hereby amended by changing Medium-High Residential use to Low Density Residential use as the official land use designation for the property located at and legally described as follows: 5635 Glenwood Avenue Lot 2 Meadowbrook Acres Addition #86060 5701 Glenwood Avenue Lot 3 Meadowbrook Acres Addition #86060 Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. ��' , -�� o � �� e � P V Pub�� Safety Police Department � � 763-593-8079/763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 6. A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License Renewals Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary The following establishments have applied for renewal of their liquor licenses for the 2011- 2012 license term. The applicants meet City Code and State requirements for the renewal of their licenses. Off-Sale Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors #2 JTJ Enterprises, LLC d/b/a Lakeridge Wine & Spirits Off-Sale / On-Sale and Sunday Sale RZMP Corporation d/b/a Schuller's Tavern On-Sale and Sunday Sale D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster The Samurai, Inc. d/b/a Benihana Golden Valley Country Club Inc. d/b/a Golden Valley Country Club Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles Prom Management Group, Inc. d/b/a Prom Catering Teresa's LLC d/b/a Teresa's Mexican Restaurant Club On-Sale and Sunday Sale Chester Bird American Legion Post#523 Golden Valley VFW Post#7051 Wine On-Sale (including stron beer) and Non-Intoxicating Malt Liquor D'Amico and Sons, Inc. d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a Noodles & Company Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger Buon Amico Inc. d/b/a Piazza's Ristorante Nong's Thai Cuisine LLC d/b/a Nong's Thai Cuisine Recommended Action Motion to approve the renewal of the respective liquor licenses for the applicants listed above for the 2011-2012 license term. Git,� ', �f Planning O �� , e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 7, 2011 Agenda Item 6. B. Approval of Plat -Venture Bank Prepared By Mark Grimes, Director of Planning and Development Summary At the April 20, 2011 City Council meeting, the City Council approved a request for the Preliminary Plat for Venture Bank. A copy of the Final Plat has been prepared and is consistent with the approved Preliminary Plat. The City Council cannot consider this Final Plat until after the public hearing for the easement vacations for this property which are also on this agenda. Attachments Resolution for Approval of Plat -Venture Bank (2 pages) Plat for Venture Bank (1 page) Recommended Action Motion to adopt Resolution for Approval of Plat -Venture Bank. Resolution 11-31 June 7, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT—VENTURE BANK WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Venture Bank covering the following described tracts of land: That part of Government Lot 3, Section 4, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of County Road No. 41 (formerly Wayzata Boulevard) distant 332 feet East of the West line of Section 4, measured perpendicular to the West line of said Section 4; thence North parallel to West line of Section 4, 300 feet, to actual point of beginning of tract to be described; thence South parallel to West line of said Section 4, 300 feet to the North line of said County Road No. 41; thence West along North line of said County Road No. 41, 155.12 feet; thence North parallel to West line of said Section 4, 300 feet; thence East to point of beginning, except the East 30 feet thereof, and except that part thereof taken by the State of Minnesota for trunk highway purposes as described in Final Certificate filed January 28, 1993, as Document No. 6031692, according to the Uni�ed States Government Survey thereof and situate in Hennepin County, Minnesota. AND The East 106.88 feet of the West 176.88 feet of the South 333 feet of Government Lot 3, in Section 4, Township 117, Range 21, Hennepin County, Minnesota, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota, except that part thereof taken by the State of Minnesota for trunk highway purposes as described in Final Certificate filed January 28, 1992, as Document No. 6031692. Together with a driveway easement over the East 10 feet of the West 70 feet of that part of Government Lot 3, Section 4, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Beginning at a point in the North line of County Road No. 41 (formerly Wayzata Boulevard) distant 332 feet East of the West line of said Section 4; thence North parallel to the West line of said Section 4, 300 feet to the actual point of beginning of the tract of land to be described herein; thence South parallel with the West line of said Section 4, 300 feet; thence West along the North line of said County Road No. 41 to the intersection of the West line of said Section 4 with the North line of said County Road No. 41; thence North along said West line of said Section 4, 300 feet; thence East to the actual point of beginning; as contained in Document Nos. 3628373 and 3628374, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. WHEREAS, all persons present were given the opportunity to be heard; , Resolution 11-31 - Continued June 7, 2011 NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. , 'I ___ _s •aee oavaa�o� I � ' ��, i • ��1��T.��m� _��_��J � 6 1 ��=��T��i�� I m � I � I t II � ? �� R N 0 I 1 d 3 J X 3 ar�rs�-''�� q $e � � �� ff� I mnx x�+ ..:sl I �3 II g�� , , , , � . z —8—+�1------------------------r------�-------- � e �.�, t� �i J � � �� -_-_--��P_-_-�_____________ l�. e i � �AqO116W�1�1'�� lMtm��umnts�r'A-•�• � p A p �� i � � d � '�'}� 1 � .-z E 1 � � i � � �i �@ � i � �...... +g � ° � '------�i � � � a�� I � � � � i � I � i � � � I, � i � w � ' � � �� ; � ; � b � � � � � � � � ' '� � I � � -',�� , �; � .�� , i ZI I '1 , .• � � � i � t � o� I , , , � I —�,---, ----------------, ----�------�- � � �— r— � _�---� � �a i i � ' a� ��i��I . �y °_�j I I Rp�m�� :-I�' Q �� I ; � Wi ��iQ� � � �. � � ; ; ��°i �� i i , � � x� �3 LL � $@ � � � � i � I � � W ' IR 1 1 � 1 � ' ,�ti 1 � ""a—I-1 ' �_s�acsenm¢�mo �, �p II � � ' i � ; Y � ' � ,. 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