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06-19-12 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 19, 2012 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - May 1, 2012 and Council/Manager 3-15 Meeting - May 8, 2012 B. Approval of Check Registers: 1. City 16 2. Housing and Redevelopment Authority 17 C. Licenses: 1. Solicitor's License - Ghris Rucker for Southwestern Company 1�-�0 2. Solicitor's License - Contractors Inc. 21-23 D. Minutes of Boards and Commissions: 1. Human Services Fund - May 14, 2012 24-25 2. Joint Water Commission - April 4, 2012 26-27 E. Bids and Quotes 1. Street Name Signs and Materials - Quotes 28-30 F. Autharization to Sign Amendment 1 with Allied Waste Services of North America, 31-36 �LC for Municipal Recycling Services G. Authorization to Sign Agreement with Minnesota Department of Natural Resources 37-68 for Tree Planting Grant 12-47 H. Authorization to Sign Agreement with Rachel Contracting for Bassett Creek Restoration 69-71 I. Receipt of May 2012 Financial Reports 72-78 J. Human Rights Commission Task Force - Establishment and Appointments 12-48 79-81 K. Approval of Requests for Beer and/or Wine at Brookview Park 82-83 L. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in 84-85 the Park Series 12-49 4. PUBLIC HEARINGS 7 PM A. Public Hearing - 2011 National Pollution and Discharge Elimination System (NPDES) 86-93 Phase II - Storm Water Pollution Prevention Program, Annual Report to Minnesota Pollution Control Agency 12-50 5. OLD BUSINESS 6. NEW BUSINESS A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt 94 Liquor License Renewals B. Authorization to Sign Resolution af Support of the Bottineau Transitway Locally 95-99 Preferred Alternative 12-51 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT This document is available in alternate formats upon a 72-hour request. Please cali 7b3-593-8006 (TTY: 763-593-3968)ta make a request. Examples of alternate formats may include large print, electronic, Braille, audiaeassette, etc. � Council/Manager Meeting Minutes May 8, 2012 Present: Mayor Harris and Council Members, Clausen, Freiberg, Pentel and Scanlon, City Manager Tom Burt, Police Chief Stacy Carlson, Director of Public Works Jeannine Clancy, Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Environmental Commission Chair Rich Baker and Administrative Assistant Lisa Wittman. The meeting began at 7:15 pm in the Council Conference Room. Donation of Street Name Signs to Golden Valley Historical Society Jeannine Clancy stated that the Historical Society has expressed interest in the old street signs and the concrete support posts that are currently in the process of being replaced. She explained that the Historical Society would like to sell the signs as a fundraiser. However since the old signs have salvage value it would take City Council approval to donate the signs to the Historical Society. The Council discussed the salvage value and potential price of the signs. After discussion, the Council consensus was that donating the signs to the Historical Society is a good idea and they would like the item to be brought to the next regular Council meeting. Human Rights Commission Task Force Stacy Garlson reviewed with the Council the tentative timeline in setting up a task force whose purpose would be to assess the need for and scope of a Human Rights Commission. She discussed the public notification sources including the City's website, Patch.com, SunPost Newspaper, Golden Valley CommonPlace and a mailing to faith institutions. She added that the task force would be overseen by the Assistant City Manager and facilitated by Mediation Services. The Council discussed the notification letter, the timeline, the application and interview process, the number of people to be on the task force and other types of organizations they would like to send the notification letter to. After discussion, the consensus was ta _ remove the second sentence from the notification letter, post the notification letter at the library and mail the notification letter to.high schools, the City's Bridge Builder group and the City's landlord group. They would also prefer to limit the number of people on the task force to 30. Environmental Commission Tasks: a. Draft Work Plan — Study City Code Section 10.32: Animals and Fowl-Keeping b. 2012 Priorities Environmental Commission Chair Rich Baker reviewed the Commission's proposed work plan and timeline regarding the study of whether the City Code should be amended in arder to allow the keeping of chickens. He noted that the six month deadline given by the Council might not be realistic and that the Commission hopes to have the study complete by March 2013. Baker next discussed the Commission's 2012 priorities including: transportation alternatives, composting, natural area management plans, and solar panels on City buildings. Council/Manager Meeting Minutes May 8, 2012 — Page 2 The Council discussed the various priorities and expressed their support. They suggested the Commission also consider electric cars and charging stations when they work on their transportation alternatives priari#y and that they also include the Pfanning Commission. Douglas Drive Moratorium Area — Light Commercial District Joe Hogeboom reminded the Council that the City adopted an ordinance in 2010 which placed a one-year moratorium on development within the area located at the northeast intersection of Highway 55 and Douglas Drive. The moratorium on the property expires in July. Hogeboom explained that the Dougtas Drive Corridor Study suggested the creation of a corporate campus on the site. Hogeboom stated that a corporate eampus could be achieved on the larger portion of the site, located to the north of the Frontage Road, through the existing Business and Professional Offices Zoning District. He stated that staff is proposing a new Light Commercial zoning district to accommodate smatler-scale and neighborhood types of commercial uses for the area between the Frontage Road, Highway 55 and Douglas Drive. The proposed Light Commercial zoning district, once created couid aiso be applied to other areas in the City. The Council discussed the proposed new ordinance and the types of uses they would like to see on this vacant land directly adjacent to the Douglas Drive/Highway 55 intersection. They also discussed how the property could possibly be used in the interim and suggested that staff talk to the property owner about cleaning up the property. After discussion, the direction ta staff was to bring the proposed �ight Commercial zoning district ardinance to the Planning Commission for review, work with the property owners to improve the site and to keep the property zoned Industrial in the meantime. The Council then directed staff to move forward with re-guiding the area north and east of the Frontage Road to Commercial-Office on the General Land Use Plan Map and then to rezone the property to Business and Professional Offices. The meeting adjourned at 9:05 pm. Lisa Wittman Administrative Assistant Regular Meeting of the City Council May 1, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on May 1, 2012 at 6:30 pm. The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Pledge of Alleqiance The Pledge of Allegiance was recited. Presentation of Life Savinq Awards - Serqe� ant Jim Roberts, Officers David Staaf and Kristin Hoeflinq Police Chief Stacy Carlson introduced the agenda item and presented Life Saving Awards to Sergeant Jim Roberts, Officer David Staaf and Qfficer Kristin Hoefling. The Council thanked the staff for their life saving efforts. Approval of Aqenda MOVED by Freiberg, secanded by Scanlon and motion carried unanimously to approve the agenda of May 1, 2012 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda af May 1, 2012 as submitted. *Approval of Minutes - Citv Council Meetinq - March 20, 2012 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of March 20, 2012 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council May 1, 2Q12 Page 2 *Fireworks Permit -Americana Fireworks Displav Companv for Golden Vallev Days Art & Music Festival MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at the Golden Valley Days Art & Music Festival on Saturday, May 19, 2012 or on the rain date of Sunday, May 20, 2012. *Gamblinq License Exemption and Waiver of Notice Requirement - Sons of the American Leqion Post 523 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Sons of the American Legion Post 523. *Gamblinq License Application to Conduct Excluded Binqo - Sons of the American Leqion Post 523 MOVED by Pentel, seconded by Freiberg and mation carried unanimously to apprave the gambling license application to conduct excluded bingo for Sons of the American Legion Post #523. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - March 26, 2012 Human Services Fund - March 12, 2012 Environmental Commission - March 26, 2012 Open Space and Recreation Commission - February 27, 2012 Board of Zoning Appeals - March 27, 2012 Joint Water Commission - March 1, 2012 *Street Construction and Maintenance Material - Quotes MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bids for the purchase of the following street construction and maintenance materials to the lowest responsible bidders. The bids are as follows: Regular Meeting of the City Council May 1, 2012 Page 3 *Street Construction and Maintenance Material — Quotes - Continued Type LV4 Wearing Course Mixture C.S. McCrossan Construction, Inc. $50.00/Ton Type LV3 Non-Wearing Course Mixture C.S. McCrossan Construction, Inc. $46.50/Ton Type SP 9.5 Wearing Course Mixture C.S. McCrossan Construction, Inc. $51.5Q/Ton Type SP 12.5 Non-Wearing Course Mixture C.S. MeCrossan Construction, Inc. $52.50/Ton Type 3A32 Concrete Mixture Knife River $102.98/CY Type 4000# Concrete Mixture Knife River $102.98/CY Extra Delivery Cost - under 5 Gubic Yards Knife River $28.96/CY The bid tabulation is attached to the minutes as Exhibit A. *Green/Tee Mower - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one new green/tee mower from MTI Distributing, through the State Material Management Division Contract for $29,048.14, including sales tax. *Proclamatian for Arbor Dav and Arbor Month MOVED by Pentel, seconded by Freiberg and motion carried unanimously to adopt a Proclamation for May 10, 2012 as Arbor Day and May 2012 as Arbor Month in the City of Golden Valley. *Approval of Requests for Beer and/or Wine at Brookview Park MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the requests for beer and/or wine at Brookview Park as recammended by staff. *Second Consideration - Ordinance #483 -Amendment to the Master Fee Schedule - Yehicle Forfeiture The following ordinance was MOVED by Pentel, seconded by Freiberg: ORDINANCE NO. 483, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Vehicle Forfeiture Regular Meeting of the City Council May 1, 2012 Page 4 *Second Consideration - Ordinance #483 - Amendment to the Master Fee Schedule - Vehicle Forfeiture - Continued MOVED by Pentel, seconded by Freiberg and motion carried to approve on Second Consideration, Ordinance #483, 2nd Series. The vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES *Waiver of Public Hearinq and Certification of Special Assessments - 20101B) Sanitary Sewer Repairs Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-34 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2010(B) CITY STREET IMPROVEMENTS The motion for the adoption of the faregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Establishinq Compliance with Reimbursement Bond Requlations under Internal Revenue Code: Financinq of the Citv's 2013 Pavement Manaqement Proqram And Financinq of the Gitv's 2014 Pavement Manaqement Proqram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-35 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2013 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following vated in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Regular Meeting of the City Council May 1, 2012 Page 5 *Establishinq Compliance with Reimbursement Bond Requlations under Internal Revenue Code: Financina of the City's 2013 Pavement Management Proqram And Financinq of the Citv's 2014 Pavement Manaqement Proqram Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 12-36 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2014 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. *Call for Administrative HearincL Appeal of Administrative Citation - 1816 York Avenue North - 5/15/12 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to call for an administrative hearing on an appeal of an administrative citation for 1816 York Avenue North for May 15, 2012 at 6 pm Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant The following ordinance was MOVED by Freiberg, seconded by Scanlon: ORDINANCE NO. 484, 2ND SERIES AN ORDINANCE AMENQING THE CITY CODE Approval of Amendment to Final Plan of Development Breck Addition, P.U.D. No. 88, Amendment No. 1 123 Qttawa Avenue North Breck School, Applicant Mayor Harris stated that due to a potential perceived conflict of interest he would recuse himself from the discussion and voting from the issue. Mayor Harris turned the gavel over to Mayor Pro Tem Freiberg. Mayor Pro Tem Freiberg stated for the record that he did attend Breck School but there is no conflict of interest. Edward Kim, Breck Headmaster, reviewed the final plan and answered questions to the Council. Bake Baker, McGouch Construction and James Barrett, Architect answered questions fram the Council. Regular Meeting of the City Council May 1, 2012 Page 6 Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition -Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant— Continued John Kluchka, Planning Commission, presented the Commission report and answered questions from the CounciL Mark Grimes, Director of Planning and Development, presented the staff report and answered questions from the Council. Joe Hogeboom, Planner; Jeannine Clancy, Stacy Carlson, Palice Chief; Thomas Burt, and Allen Barnard answered questions from the Council. The Mayor Pro Tem opened the meeting for public input and persons presen# to do so were afforded the opportunity to express their views thereon. Paul Schneck,122 Burntside Drive, stated he enjoys Breck as a neighbor, expressed concern for the design of the building at 70 feet high, which is 3/4 up the church steeple; stated from his property you will anly see a building that is five stories high; requested that Breck outline all the phases or schaol plans; wanted to know if they are going to build anather building on the other side of the steeple in the future; expressed concern about traffic issues; feels the neighborhood should have been informed of the plans earlier than they did; feels there was not much effort to notify people and they heard about it late in the process; feels the Planning Commission and staff should watch out for the residents; feels Breck should let the residents know all the plans for their site; expressed concern about traffic, stated there have been several accidents, parents and students go fast through the neighborhoods, suggested having Breck staff out observing during high traffic times and have Breck notify parents how fast students are going and if not obeying ru(es Breck can remove driving privileges; wants construction pfans to be done in a way that will help Breck but respect the neighborhood; and suggested the Council request Breck to provide #he City will all future plans for the site. Brad Koene, 5 Natchez Avenue North, feels traffic is bad, stated that the police department has parked in his yard with the radar and has caught people driving 52 miles per hour; feels someone is going to get killed because of the speeding; stated a car drove in the front yard and exited out his driveway; thanked Breck for keeping the buses off Natchez, except Schmitty's who keep driving on Natchez; concerned about the attitude of the Breck drivers and has gotten obscene gestures directed at him just because he wants to keep his street safe; expressed concern about increased traffic, cars blocking the intersection; and suggested installation of speed bumps. Regular Meeting of the City Cauncil May 1, 2012 Page 7 Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant— Continued - Continued Randy Rolland, 15 Westwood Drive North, stated he is a current Breck parent and supports the development; stated he has lived in the area for a long period of time and thinks that Breck is a good neighbor; stated he hears the concerns about the traffic and he drives the roads also; feels is it is not perfect but does not feel it is significantly any different than other issues in an inner ring suburb; compared his neighborhood to when Honeywell, Calvary Church and Lions Park after a ball game lets out; stated there are a number of Breck parents who live in the neighborhood; stated his children walk to school and he shares the same concerns about their safety; stated there is room for improvement; stated Breck is like any property owner making improvements to their property; stated that Breck is a national and international institution and a stellar educational facility and attracts people to the City, helps support his property values and hopes the Cauncil approves the plan. Debra Serafini, 119 Burntside Drive, stated she is disappointed with the process; feels if the neighborhood had been involved soon enough they may have had an impact on Breck's plan and they would not have been allowed a fifth story; has no problem with Breck as an institution; feels the plan is a complete disregard for the neighborhood; stated she is disappointed in the observations of the people who are supposed to serve the residents; does not feel the height of the building should be allowed in a residential area; stated she would of complained about the traffic but didn't know where to call; stated she cauld count 10-12 cars a minute speeding down Natchez; there is no posted speed limit signs an Natchez; there are no sidewalks or stop signs; stated parents and students speed on Natchez when they are late for school; feels there is a problem with the behavior of the students and the perceived response from the school; stated they take over Natchez Park for their practice and the loudspeaker system is so load she can't have a conversation on her deck. Jack Perechman, 224 Natchez Avenue North, stated he lives on the corner of Loring and Natchez and put up a videa camera for 8 hours and stated that many people go through the stop sign, volunteered his driveway if the police department want to use if to watch the traffic; had question about the demolition, if there would be piling; hours of construction; expressed concern abaut the noise and hours Twanya Hood Hill, 1710 Bridgewater Road, stated that she is a Breck parent and her family and her neighbors are involved in the community; stated her family moved to the City because of Breck; stated she empathizes and understands the trafFic, speed, and volume af cars in the neighborhood and knows what rush hour looks like; stated that there two issues involved one is the traffic and one is the building project; stated whether the project is voted up or down does not address the issue of traffic; the traffic exists today and will continue to exist; feels that Breck adds to the community and requested the Council approve the proposal. Regular Meeting of the City Council May 1, 2012 Page 8 Public Hearinq - Ordinance #484 - Final Desiqn Plan Approval - PUD #88 - Breck Addition - Amendment#1 - 123 Ottawa Avenue North - Breck School, Applicant— Continued - Continued Lois Fruen, 4510 Westwood Lane, stated she is a teacher at Breck and moved into the City because of her job; stated she teaches and has taught a number of children who live in the City; stated that her students are problem solvers and offered her services and would like to involve the students to do research projects that would help with traffic issues. Gene Epstein, 30 Ottawa Avenue North, suggest the Council come to his house and spend a half hour at Ottawa and Glenwood at 8 am, 3 pm and 5 pm and they will then see the issues the neighborhood is talking about. Curt Olson, 800 Tyrol Trail, stated his children go to Breck and he lives in the neighborhood; suggested that no left turns be allowed in the neighborhood; stated that then parents and students would only use the Breck entrance and that would help with traffic inta the area; and expressed concern over the speeding through the area. Patrick Duffy, 4717 Glenwaod Avenue, stated enjoys Breck as a neighbor, but is concerned for the safety of the children in the area; stated a car went through his yard and hit a tree a few minutes before his children came home from school; stated he moved into the area because of the Hopkins School District and is hearing from his neighbors that they are considering moving because of the traffic issues; had questions about increase in students, and traffic; size of project and environmental impact statement. Sarah Dodge, 831 Tyrol Trail, moved into the area to specifically go to Breck, stated a lot of the neighbors moved into the area to go to Good Shepard, Meadowbrook, and all agree traffic is an issue; stated the building development is not going to change traffic, educating parents will change traffic, not everyone that is speeding down Glenwood is a Breck parent; feels that most of the people that live in the area are very cautious about driving in the neighborhood; seems like it has become a us vs. them issue; Breck parents care deeply about all the children in the neighborhood; suggested talking about the safety issues and plans that can be put in place; stated that police do a terrific job and they may have some traffic ideas, feel that Breck is a good part of the community and that the students come back and serve the community. The Mayor Pro Tem closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried to adopt Ordinance #484, 2nd Series. Upon roll call vote, the vote was as follows: CLAUSEN - YES FREIBERG - YES HARRIS - ABSTAIN PENTEL - YES SCAN�ON - YES Regular Meeting of the City Council May 1, 2012 Page 9 Opposition to Proposed "Recoqnition of Marriaqe" Constitutional Amendment Gouncil Member Freiberg introduced the agenda item. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 12-37 RESOLUTION IN OPPOSITION TO PRQPOSED "RECOGNITION OF MARRIAGE" CONSTITUTIONAL AMENQMENT The motion for the adoption of the foregoing resolution was seconded by Member Clausen and upon a vote being taken thereon, the following voted in favor thereof: Clausen, Freiberg, Harris and Pentel; and the following abstained: Scanlon; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Announcements of Meetinqs Spring Brush pickup starts The Bike Rodeo will be held on May 2, 2012 at the City of New Hope from 6-8 pm The City Council will hold a Special Council Workshop on May 2, 2012 at 5:45 pm at Venture Bank, 6210 Wayzata Boulevard. Some Council Members may attend the Isaacson Park Dedication and Little League Opening on May 5, 2012 at noon at Isaacson Park. Residents in the 55422 ZIP code area will receive an empty pill bottle in their mail boxes on Sunday, May 6 as part of a public health emergency preparedness test. The Council will attend a Tri-city Joint Water Meeting on May 7, 2012 at 6:30 pm at the Crystal Community Center. The Housing and Redevelopment Authority will hold a Workshop on May 8, 2012 at 6 pm in the Council Chambers. The next Council/Manager meeting will be held on May 8, 2012 immediately following the Housing and Redevelopment Authority Meeting. The Bottineau Transitway PAC Public Hearing will be held on May 10, 2012 at 4:30 pm at the Crystal Community Center. Some Council Members may attend the Golden Valley Historical Saciety Meeting on May 10, 2q12 at 7 pm at the Golden Valley Historical Society. Regular Meeting of the City Council May 1, 2012 Page 10 Announcements of Meetinqs - Continued Some Council Members may attend the Arbor Day Celebratian on May 10, 2012 at 1:30 pm at Noble Schaol. An Introduction to Voting Workshop will be held on May 10, 2012 from 5 to 7 pm. A Women's Fire Service Expo will be held on May 21, 2012 at 7:30 am in Edina. A Special City Council meeting, Administrative hearing will be held on May 15, 2012 at 6 pm. The next City Council meeting will be held on May 15, 2012 at 6:30 pm. The Golden Valley Days Art & Music Festival will be held on May 19, 2012 at Brookview Park and other locations. Some Council Members may attend the North Tyrol Neighborhood Meeting at Anne and Fritz Cleveland's house, 100 Meadow Lane South, on May 16, 2012 at 7 pm. Safety Camp will be held on June 26, 2012 at Brookview Park and registrations are still available. Mayor and Council Communications No action and/or discussion took place. Adjournment MOVED by Scanlon, seconded by Pentel and motion carried unanimously to adjourn the meeting at 8:45 pm. Shepard M. Harris, Mayor ATTEST: Judy Nally, Administrative Assistant � i � � � Z � � o : i � a , � ' � w � w Y U �� . � �� '�. a m m , m m , N ' I, O1 � Z ', Z �.. Z Z ��.. o o r , � � ��. ��. ' �. �� Z �,, � '�. I i '. �� O I I I I Z a i � > ¢ w U o 0 0 a Z Z Z Z N N ,� z �, ;� "' � U Z H ' 3 � I I °¢ < ' � � , � �� U p I � � Z a �, �!i � � �� co '.� v I pp I! pp 'I pp I�� , Ili � H �� N . u�i � � � '' Z Z , Z �� F_- Z ca '.. En . cn .. F» ��, . . m � � � � '�.. �. � � � ZF' � �! ''� '�. �, �� W '. �'I J � j ' I i II �''� � �. ��. 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Q Q � l0 � - . _ .. .._ . _ . , ____�� m Z a � � � N �O F � Z m v°� v�i. � i°n � voi Q t4 0 W w � o 0 o V� � � -o F � in � co �o co w O m C� [!1 N N N N N N N d �� 1��, Finance Department 763-593-8013/763-593-8109(fax) ��':'�....,�� ,...�..�� ..�r��>.��.�.��. .. ��u�� F��.��,.._ ��'� _...� �&��.� �.0 �� .��.m� ��-�'` Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. B� 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor ctaims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment af the bills as submitted. �� Fin n artmenfi a c� �cr 763-593-8013/763-593-8T09(faxj ��.. �" =��t��..��`��:�._.....,��.�'. "�� s.,... ��;4. . _w_. �- �� - uM� .,��:��d��_.,��..� .. .� � � . s.��.. �:-"�� , �»: x. ,��._�. � Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. B. 2. Approval of Mousing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the Housing and Redevelopment Authority. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. 8✓'Y Y� V J �._.. ='•.`�.'., fl��..... ....... wf 4�f City Administration/Council 763-593-3991 /763-593-8109(fax) ... �� m.�._.. ..��. ..�m,F:...�._u.��.. .. � ;��. . _ �`��..��. �� Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. C. 1. Solicitor's License - Chris Rucker for Southwestern Company 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 Chris Rucker for Southwestern Company. Appiication 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: i Golden Valley, MN 55427 Type of License: Peddler Solicitor (circle one) d� Enclose the sum of$�for � (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. C�n�`I 5 `�� o c.� �5 '' � G v`�"�/1 U��`� �e f n C��'�� (Business or Individual Name or Organization to be Licensed) �, �q�,�I � 1 � (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business �f c l��`1 c.��'�,�{�'� (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) �I �i � 1��' �v� �� (Address) �'J�UG��In�� ;�� `'j � L� �•� City, State and Zip Code) G�1 � -- �� ._-� �i ) � (Telephone Number, including Area Code) NOW, THEREFORE, (��`(� ��'�� hereby makes application for (Applicant Name) period of � Z through 12/31/�Z. , subject to the conditions and provisions of said City o e. S 'V (Signature of App icant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): �U� C,^�1^(Z�^{ C'G�V G��-�-r�n d�r l� r��.i,�c,7'S �nC c.�r�.;n� � U U �� i ti�-t-'T�..t�r T P/ �/+� �` (itic�5 t; � �t t,�� ^( �'I�`��1 -1'�f r�t ^:J�c'-� t�- 1� �`��'U — (�U U �_. NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a"list of names and addresses of all persons engaged in peddling or soliciting in the City: �.�'1!`t � `�v��e � Q�L` � ��t� ��c� ��'� � I��N�r��n��-- � 1�-G�G�- 1 � 7� J (If more space is needed, attach additional sheets) STATE OF�'{'� �I�I�J'�rZ.$D'jf� �u.-T/j"(.��r'V1 1•��-y� ) ss. � COUNTY OF��N� ) ` I �� f7 1`'"Ll��i' of �—�-�� - �., ��,-- (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. � �' Sign re of Applican rincipal Officer) Subscribed and sworn to before me this 2 t ��: �.�.:�;+� ww�■ ��) day of ��'�� , 20L� " JU�iTH A. NAU.Y , ; ;. no�r��r�c.��rn �. � a�l'��dnn.8l.mpli (Signature) ,� �� City Administratian/Council 763-593-3991 /763-593-8109{fax) 3�....m:�:;�-.�...n..��b�... � �.ft��, , h"i,x.�'�'-�,' ,.,rx,A;..'^..�Y�" ...�..�N:�,-r+"« �.!:. �3'�:'r5'�'j��n. ..ik:Ytl�i11AYi,.��ni��'ffi�.�+�;i*,»w.-»m,..-v��E�,3s '� s'-}T„`�s:'a.�.:_...,-� � ._.. . IM14WfHY� Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. C. 2. Solieitor's License - Contractors 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 Contractors 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 flrst and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION � TO: Golden Valley City Council Fee Paid: $_� 7800 Golden Valley Road Number of Persons: � Gotden Valley, MN 55427 Type of License: Peddler ' �cit (cirGle on Enclose the sum of$ �t�,r?� for�(number) peddlers/soticitors as required by City Code of the City of Go{den Vatley and hav� complied with alt the requirements of said Code necessary for obtaining this license. -(.��,t.'�� „l� , ��5.tf �Cf°°'�� (Business or Individual Name or Organization to be Licensed) ^ -- ��- �.��3�5 35'� (MN Business ID or FE1N (Federal ID}fior Business Licenses) Define Business (Corporation, roprietorshi Partnership, Non-Profit, State of tncorporation or fndividuaf) ��' ,�Y�.►�`' � �Aaa��s� �l�r�,�l�'� r�/►� ��/ City, State and Zip C de) �7�- ��1" `� �`�'�L,.cs� (Telephone Number, including Area Code) � � (dOW, THEREFORE, �r!",C��, �� hereby makes apptication for (Applicant Name) period of � � through 12l31//2, subject to the conditions and provisions of said City Code. (Signature of Applicant/Principa! Officer) Descripfiion of goods or services for sale (inc{ude prices) or indicate if soliciting donations. If more space is needed, attach additional shee#s (be specific): ' ,,� �r� ��-y�,��5 �f t� ,��,v j„i�S -�i.- �� - ��1�.� � � W��'�J�.r� y�� p, a�� j �� 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 #he alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a iist of names and addresses of ali persons engaged in peddling or soliciting in the City: �er� ' � I V�.. ��n ��f �.l� 5"5" 3 ��1�'� � �� H� L�,� Q� �- ,��.�/ 5 3 ��-.:�'��, ,Z�,k r�J f !1 �t y �(��,�•, �� ,,,,�'�^ �'1/V �"�'t�,� , � (If more space is needed, attach additionat sheets) STATE OF I�JI��5�" ) COUNTY OF�4.NN�-�� ss. �, T�� .��0,�v of `�'��cr°r�'�, �'�Y_. (Officer/Individual} (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledg�e except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. �� - Signature of Applicant/Principal Officer) Subscribed and sworr�#o before me this ��day of , 20 � 2 • � JUDITH A. NALLY No'rt:�r�uc-�'J► (Signature) a�o��.s+.�a � � Golden Valley Human Services Fund (GVHSF) Meeting Minutes May 14, 2012 Present: Hilmer Erickson, Katie Hart, Brenda Hayle, Dian� Nimmer, Connie Sandler and Toats Vodovoz. Also present: Jaanie Clausen, Council Liaison and Jeanne Fackler, Staff �iaison. Not Attending: Elissa Heilicher Call to Order: Sandler called the meeting to order at 6:52 p.m. No addition or changes to the agenda. April 9 minutes: Erickson moved and Vodovoz seconded the motion to apprave the minutes from April 9. The motion passed unanimously. Election of Chair/Vice Chair: Vodavoz moved to nominate Sandler as Chair and Nimmer as Vice Chair. Hart seconded the mation. Motion passed unanimously. Run the Valley Evaluation: Run the Valley was discussed. Members felt the event was very successful and heard many positive comments. Adding a $15 children's 12 and under price was sugg�sted. 2013 date is tentatively set for April 6 at Brookview. Fackler will cantact the Golf Course, Public Works and Public Safety staff as well as Anderson Race Management to make sure the date works for everyone. Upcoming Events: Golf Classic will be held on Friday, July 13. The brochures have been updated and are being distributed. Sponsor letters and brochures will be going out next week. It was suggested to offer lasagna and chicken alfredo for lunch. Taste of Golden Valley date has not been set. Sandler stated the GVCF is onboard ta share the event adding the Golden Valley Hall of Fame as the program part of the event. Discussion centered an: is the Hall af Fame a good fit for the Taste? Will it get people to come? Is a silent auction and Hall of Fame a good mix? Need to decide what kind of event the group wants and find a location that will work. Hayle and Nimmer talked about events they had attended that had a theme with corporate levels of support. Have a fee with the option of giving more. If a silent auction is held, have bigger items. Add a theme Qr option of a costume. Sandler asked members to come ta the next meeting with ideas for the event Other Business: Community Foundation: Sandler reported CF members met with Tom Burt, City Manager. Discussion centered on the CF. How can they best serve Golden Valley residents? How can the CF, GVHSF and Valley Days can work together to raise money and allocate funds to residents and businesses? How can the CF raise awareness to volunteer in the community —for commissions and/or community groups? The question was asked haw/when does the GVHSF receive the funds that have been designated by the residents and/or businesses through the solicitation letter? Sandler stated the CF board is working on guidelines for fund distribution. Valley Days: Valley Days will be held on May 19. Members decided to place golf tournament information at the Park and Recreatian table. Farmer's Market: Nimmer contacted the Market manager. Tents and tables will be provided at no cost to non-profit agencies up to three times during the season. The manager thought a better idea for the GVHSF to raise funds would be through selling hot dogs and soda. The commission agreed and Nimmer will send in an application to the market for July 15, August 19 and September 16. Fackler will bring Health Department information to the next meeting. Funding Application: Fackler passed out the Funding Application and asked members to bring suggestions/changes to the June meeting. Sandler reminded the group about the Commission Dinner, encouraging members to attend. Adjournment: Sandler reminded the members the next meeting is June 11 at 6:45 p.m. Assignment for member is to bring ideas: •;• An alternate event for Taste of Golden Valley/Galden Valley resident recognition ❖ Farmer's Market fundraiser •;• Funding Applicatian suggestions/changes Erickson moved to adjourn the meeting, Hart seconded the motion. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of April 4, 2012 The Golden Valley — Crystal — New Hope Joint Water Commission meeting was called to order at 1:37 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 Tom Mathisen, Director of Public Works/City Engineer, Crystal Randy Kloepper, Utilities Superintendent, Crystal Sue Virnig, Finance Directar, Golden Valley Jeannine Clancy, Director of Public Works, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Supervisor, Golden Valley Pat Schutrop, Administrative Assistant, Golden Valley Minutes of Februarv 8, 2012 and March 1, 2012 MOVED by McDonald, seconded by Norris and motion carried unanimously to approve the minutes of the February 8 and March 1, 2012 meetings. Draft 2011 Financial Report Virnig distributed the draft financial report and reported no comment. The draft 2011 Financial Report was received and filed. Water Interaction Studv Update The Joint Water Commission TAC received the results of the modeling portion of the study from Barr Engineering Co. and the next step is to determine if the JWC wants to move ahead with the bench testing. The TAC recommends the bench testing to determine how the well water will mix with the water from Minneapolis and the filtering process in the reservoir. Test samples could be taken from the New Hope well (at a cost of about $4,000) or sample neighboring wells. The JWC discussed the pros and cons of collecting water from the New Hope well and benefit/cost ratio. The consensus of the JWC is that it makes sense to do the bench testing. The TAC will direct Barr to not sample the New Hope well at this time, bufi to sample nearby wells. Tri-CitY Council Meetinq on Mav 7, 2012 The three city councils met on May 11, 2011, and as a result of that meeting directed the JWC to move ahead with the interaction study to the jar testing level, develop an implementation plan and funding for a backup water supply, and dialogue with the City of Minneapolis about the cost-benefit of digging wells. � The draft agenda for the May 7, 2012 meeting is (1) the feasibility of the backup water supply, and (2) an update on surface water issues in the vicinity of Winnetka Avenue and Medicine Lake Road, Terra Linda Drive, and the DeCola Ponds neighborhood. Clancy has invited Barr Engineering Co. to give the presentation on the interaction study findings. The general outline will include background on possible risks to the water supply at plant and Joint Water Commission April 4, 2012 Page 2 of 2 distribution system to the reservoir, risk to the river, water system sustainability, water interaction with Minneapolis water supply, and cost of a backup supply. The cost to dig a new well is about $700,000 per well (appraximate number of weils needed is four). The city councils will want an implementation plan and costs associated with the backup water supply to budget accordingly in their capital improvement programs. Virnig will put together a couple of options to include in Barr's presentation that will show the Gost of digging the wells and what it will do with the rates. Barr Engineering Co. will also give the presentation on the DeCala Ponds area study. Bonnie Morey, Short Elliott Hendrickson, Inc., will facilitate the discussion to help develop consensus and direction for moving forward. The JWC will review Barr's presentation at its May 2, 2012 meeting. Approve Contract far Replacement of Two 16" Gate Valves at 32"d and Douqlas Drive Quotes were received from United Water & Sewer Co., Dave Perkins Contracting, Inc. and Valley Rich Co., Inc. for the valve replacement project. MOVED by Norris, seconded by McDonald and motion carried unanimously to approve the quote received from Dave Perkins Contracting, Inc. in the amount of$59,650 for the replacement of two 16-inch gate valves at 32�d and Douglas Drive. Minneapolis Cost of Service Model In an attempt to get an update for this meeting, Burt left a message with Scott Harder and is waiting for his response. He believes the cost of service model will start in the fall. POST MEETING NOTE: On Thursday, April 5, Scott Harder forwarded a schedule of the cost af service timeline to the JWC. Other Business Construction of the County Road 9 project is now scheduled for 2014 and 2015. Clancy reported that Steve Kotke and Bernie Bullert, City of Minneapolis, will be meeting with Golden Valley staff to discuss the meter replacement project and unallocated water use. Next Meetinq The next scheduled meeting is Wednesday, May 2, 2012, at 1:30 pm. Adiournment Chair Burt adjourned the meeting at 2:19 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary �� Public Works Department 763-593-8030/763-593-3988(fax) �_"�. . .. . . . .. ..�.,t�,�.�..e�.'�.-.-'E� e;a�,za::'�13:...'`..... ,,. ..-. . ..�``°��'...�.. . �.�� S,e�Y^'p..-.��.� �e.. . �.�t.,. Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. E. 1. Purchase of Street Name Signs and Associated Material Prepared By Jeannine Ctancy, Director of Pubiic Works Mark Ray, PE, Engineer Summary The 2Al2-2016 Capital Improvement Program, Replacement of Street Signs (S-024, page 99) budgets $50,000 ir� 2012 for the replacement of street name signs to be in compliance with new Federal Manual an Uniform Traffic Control Devices (MUTCD) standards. Last year, City staff began inventorying all the existing signs in the City and also started to replace street name signs that were not compliant. Staff discussed this program with the City Council at the February 15, 2012 Council/Manage'r meeting. With the proposed 2012 order, all of the City streets east of Highway 100, and in the area bordered by Douglas Qrive, Highway 55 and Highway 100 will have upgraded signs. In addition, a few other higher volume streets and commercial areas elsewhere in the City will be upgraded (Laurel Avenue, Medicine Lake Road, and the I-394 corridor commercial area). Quotes were requested from two manufactures: Lyle Signs, Inc. and Newman Traffic Signs. Newman Traffic Signs had a lower quote; however, their quate is considered non-responsive since it did not include the cost of the required sign brackets. Lyle Signs, Inc. met the City specification for signs and brackets. Both quotes are attached. Attachments • Lyle Signs, Inc. quote (1 page) • Newman Traffic Signs quote (1 page) Recammended Action Motion to approve the purchase af street name signs, associated posts, brackets, and hardware, including Minnesota sales tax, in the amount of$28,996.33 from Lyle Signs, Inc. ° � c"�o �°n o° � b�, rn � e�'�'» 'p � � v'"'�i rn o�i m � r�v t�p �p� Qi � f'� .-1 N N O � O1 Cf �' a.tD-i � � N � �"'� CO � � N iC C W — '� 'V1 '� N1� 'N' V? 1J? t/T t�/1 if► Q 0 �! t0 M t� O L�i O � G1 � � � � � � n�i '� rv Z3 � � � � � > > �vt t�► v� +n �v1� ur v� C N � � r. .<o,� ir1 � � N � 'r„r. � N U � , � N � N � N CD t% � M � . +�.� = Z �'►ti ''� p �O. f0 M - :�:.i � �. x o � , -..� V) tn F^ �'^ � .` .� a` c a ,o ,� �u � ai V � � a � p � � a N N � Gi OJ W = C � � . ,��j � �t0 Q� r. N t�''C N � t�.. � 07 .0 � � is 'Q ct a a a ,� o 'v� �. r�� = E � � � � m en 'a, Q, � —�a, N O �,.'�' a � Z p ,F � �. � c � _ J w � _ � � 3 � m � v�i a �a a o 0 '� cVfi `m � ` �i.n' � i0 � u u t� .r � � p � � � � �o � � o a o = a c .c `' '- '' L Q, y� '�n m .°o a � � � o. a a 3 � ue (� � v •� v Q ta �u �u �u ,.. v � �4 0 ''= � p � p, � v � � � p �"' N m a o: d a '.� '- u V --�i c°�' u' y � � u u � � a c ,Q � � a d °i 3 v�i c c c v - pJ p, N N ca � 4 �' c+ .Q � cr ac oc "' � v, � e�' � _ � n' 'c > a�i a�i a �° � � .Y e'v ?'� _ � � �r �t � p �, u1 in �m v�i � �n t7 � t� c� a .o = � rn ra m a a ` t'r �M+ ,o E rp y- ' o L Q C � � r�j/ :. ........ .._.. ... � � � � Lr/ � C > Q. � � O � ev a+ �` sv+ t�`o � v� � � °�e' � x°1 �,.—�� 3 � 'a.��.� cn � � c � � � a, ° � � m � �. +• c � 4, � mmm � � c�i `� a�- .� � C � � u�i u�i u�i p � � � c a„' �o a° rv � w �' � °� �, � ��n y '_ '_ � , in � > a a� ; �...._.._._____..__,: ,., N � � � a v w 3 '^ °m �i o .°�' °'° a J (% 1� L N W a� a7 � � ++ ` � O � C v� u� a w w w = a °� ,,,,, � s o0 I- Z vi Q CJ V VI 1606 6TH Ave SW P.O.Box 1728 � Jamestown,ND 6B402-1728 � �� Toll Free;(800)437-9770 � Phons:(70i)252-1970 TRAFFIC SIGN& Fax;(�o�)2s2-sZ13 Email: ��arzo�z TO: RAY Customer ID�!GOL810 FAX: 763•593•8024 Customer Name CITY OF GOIDEN VAILEY EMAIL: 0 PQ#0 RE: STREET SIGN BID PAGES: 1 FROM: CHRISTINE We are pieased to quote you the foliowing: LI E PART# UNIT NO. � �escrfotion Q7�f E EXTENDED � iNMENTS 8tZE7 SlZE2 1 T-ECE036009I2S3A EA VARIOUS STREET NAME S10NS C� $2Q.04 $1,322.64 36 8 2 T-ECE042009/293A EA VARIOUS STREET hU1ME SIGNS 302 $21.85 $8 598.70 42 9 3 T-ECE048009/293A EA VARlOU3 STREET NAME SIGNS 568 S23.95 $13,385,90 +�8 9 4 T•ECE0480091293A EA GOLOEN VALI.BY ROAd�710 1 $23.65 $23.85 AS 8 5 T-GLV-PiPE-10 18 EA Rour�o Posrs�a��e c�� 259 $1B.00 $4,144.00 1Q 2.375 0 0 0 0 Rr0.Y�P4EAS�NOTE WE OO NpT H0.VE 7HE E BRACffETS YOU ARE LCi€IMfMG ' 4R BUT WR SiGNS f,�g#T T#IEii/ ER€ECTI.Y•iHX� � �� Q n 0 fl 0 0 0 0 0 0 TOTA� $25,474.89 FR 84.45 TAX a1873.99 RDER TOTAL $27,833.33 "'Shipping•3 waek ship date aro "'FOB:Destination on wders over$1000.00-EXCLUDING L?v�size It�ns •'Examples:Posis,Cones.BarriCades.Oversfzed Sigr►s.etc... "'AII signs quoted on.080 gauge 5052 H38 non-recyclad alt�m�inum uniess otnervvise specified, "'We manufachrce slgns�meet ail sfate and federal highv�y specificatans. "'Custom signs are manufactured on request ""Quotes are�od for 30 days. Thank you for you�business! Your Newman Signs Sales Rep is CHRI8TINE WAHL �"l��1 C�� Public Works Dep►artment 763-593-8030/?63-593-3988(fax} �� m �`�� : � . � � .�,..:=�: . � —�<� � � s. `��.� ��,, -.�� ,�._. e. >.�� ,f a�.�� .,�`�, x�,d�M. �.,s:� s.. � Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. F. Amendment No. 1 to Agreement for Comprehensive Municipal Recycling Services Prepared By Jeannine Clancy, Director of Public Works Mark Ray, PE, Engineer Summary At the February 21, 2012 City Council meeting, the City Council approved a revisian to the City Code to clarify that multiple family, commercial, and other institutions may participate in the City's curbside recycling program and be charged for this service. Staff has worked with the hauler, Allied Waste, to prepare language to amend the recycling services contract to clarify that multiple family, commercial, and other institutions may participate in the curbside recycling program and outline the terms of the service to be consistent with the curbside program to single family homes. The amendment also gives the Director of Public Works the authority to enter into contracts with individual properties (multi-family, commercial/institutional) for recycling services as part of the curbside recycling program. The Agreement far Comprehensive Municipal Recycling Services signed last fall also noted the City's interest in expanding the recycling program to City parks. Staff has worked internally and with Allied Waste to develop a preliminary plan for recycling in parks. The proposed amendment will set in motion the authority for staff to proceed with the implementation of the preliminary recycling plan for parks. Recycling in the parks will initially start with carts at main parks (Brookview and Issacson) as well as provide extra recycling carts that staff will take to parks based on rentals or other needs. At the end of the summer, staff will evaluate haw the program went and determine a best course of action for 2013. Language in the proposed amendment provides staff with the flexibility to respond to recycling demands or issues in City parks. Finally, the propased Amendment also gives the City Manager the authority to enter into agreements for services provided as part of Mighty Tidy Day and the Fall Leaf Drop. These yearly recycling events have been a part of the recycling program, but operated separately from the curbside recycling agreement. With the Agreement for Comprehensive Municipal Recycling Services signed last fall, these services were integrated into the curbside service agreement in order to streamline service delivery for these programs. Attachments • Amendment No. 1 to Agreement for Comprehensive Municipa► Recycling Services (4 pages) Recommended Action Motian to approve Amendment No. 1 to Agreement for Comprehensive Municipal Recycling Services. AMENDMENT NO. 1 TO AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES This Amendment is made on June 19, 2012 between the City of Golden Valley ("City") and ALLIED SERVICES OF NORTH AMERICA, LLC. ("Contractor"). The City and Contractor shall be collectively referenced to herein as the parties. The parties have previously entered into an Agreement for Recycling Collection Services dated September 6, 2011 for the term January 1, 2012 through December 31, 2018 (the"Agreement"). The parties wish to amend the Agreement to add additional services and related opportunities for additional revenue. � Accordingly, far good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Upon execution this Amendment is hereby made a part of the Contract Documents, and Section 1 of the Agreement is amended by adding the following subsection "D": D. Amendment No. 1, dated June 19, 2012. 2. Exhibit A, Section 2 entitled "Definitions" is hereby amended by adding the following definitions: City Manager: means the person duly appointed by the City Council and acting in such capacity. Commercial Institutional (C/I) Customer: An owner of a commercial business or institutional property who is eligible for the City's new CI recycling service and who voluntarily subscribe to the service. Director: means the Director of the Department of Public Works of the City, or her or his designee. Multi-Family (MF) Customer: The owner of an apartment or other residential building which contains four(4} or more dwelling units per structure (or which structure is otherwise eligible for the City's new Multi- Family recycling service) who voluntarily subscribes to the new Multi- Family recycling service. Park: means any recreational area owned or maintained by the Gity. 3. Exhibit A is hereby amended by adding the following new paragraph at the end of section 7.1: Subject to the limitations set forth in Minnesota Statutes section 4I2.691, the City Manager for the City of Golden Valley shall enter into a�separate agreement on behalf of the City as to any additional terms and conditions relating to Mighty Tidy Day. Such agreement shall be subject to the terms set forth in this Agreement. 4. Exhibit A is hereby amended by adding the following new paragraph at the end of section 7.2: Subject ta the limitations set forth in Minnesota Statutes section 412.691, the City Manager for the City of Golden Valley shall enter into a separate agreement on behalf of the City as to any additional terms and conditions relating to Fall Leaf Drop Off. Such agreement shall be subject to the terms set forth in this Agreement. 5. Exhibit A is hereby amended by adding the following new sections 10 and 11: 10.0 Mu1ti-Family Recycling As a goal, the City's intent is to provide a cost-effective, subscription alternative through this Agreement that clearly and visibly demonstrates a new quality standard for Multi-Family (MF) recycling service and allows MF building owners a cost-effective alternative to maintain and grow their recycling services for their tenants. Recycling service provided to Multi-Family properties will be under the same terms as listed in the General Conditions and Terms for the residential curbside program service. 11.0 Commercial/Institutional Recycling As a goal,the City's intent is to provide a cost-effective, centralized municipal agreement subscription alternative that clearly and visibly demonstrates a new quality standard for Commercia] /Institutional (CI) recycling service and allows owners of commercial business and � institutional property a cost-effective alternative to maintain and grow recycling services for themselves and their tenants. Recycling service provided to Commercial l Institutional properties will be under the same terms as listed in the General Conditions and Terms for the residential curbside program service. 12.0 City Park Recycling As a goal, the City's intent is to provide a cost-effective, responsible recycling program in select City Parks. The Contractor will provide additional 96-gallon recycling carts for use in City Parks. The location, number of carts, and service frequency will be mutually agreed upon in writing between the Director on behalf of the City and Contractor. The City will be responsible for placement of the recycling carts for service by the Contractor in location(s) mutually agreed upon in writing. This service will only be provided April 1 to October 31 each year, unless earlier terminated by the City upon�written notice delivered to the Contractor at least two weeks before the termination date. Recycling service provided to Parks will be under the same terms as listed in the General Conditions and Terms for the residential curbside program service. 6. Exhibit B is hereby amended by adding the following new sections 1.1.2: 1.1.2 Multi-Family and Commerciat/Institutional Customers Subject to the terms described in the Agreement, including this Amendment, the Director is authorized to enter into agreements on behalf of the City with individual Multi-Family Customers or Commercial/Institutional Customers. 7. Exhibit B is hereby amended by adding the following new sections 7, 8, and 9: 7.0 Multi-Family Recycling Service Price The cost for the MF recycling service will be the same as the Collection Service Price; however, instead of per CDU the cost will be per Recycling Cart. All Revenue Sharing Formula and Processing Fee rates will apply as described. 8.0 Commercial/Institutional Recycling Service Price The cost for thE C/I recycling service will be the same as the Gollection Service Price however, instead of per CDU the cost will be per Recycling Cart. All Revenue Sharing Formula and Processing Fee rates will apply as described. 9.0 City Park Service Price The cost for the Park recycling service (April 1 through October 31) will be the same as the Collection Service Price; however, instead of per CDU the cost will be per Recycling Cart. All Revenue Sharing Formula and Processing Fee rates will apply as described. CITY OF GOLDEN VALLEY ALLIED SERVICES OF NORTH AMERICA, LLC By: gY� Shepard M. Harris, Mayor And: Its Thomas D. Burt, City Manager Date: Date: �L�V �� i: ✓ Public Warks Department 763-593-8030 J 763-593-3988(fax) ��R.�e.......:.. ..�.�+.T.1^.�''.�a.�..`"S.R,�_s�2'Y...�fi�,��-�.r.«§. ..��=�'3��. � . ��,c:a'�i#�'e.x,e5�.. i y�� `SF:va....e� ,:z'..��:�: . �,'4d� �r�.,i`rc��..--"�rk.�"%u.... ��ft% . Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. G. Authorize Agreement for Tree Planting Grant Funded by the Minnesota Department of Natural Resources Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Tim Teynor, Assistant City Forester Summary On March 21, 2Q12, the City of Golden Valley was awarded a second grant from the Department of Natural Resources (DNR) for tree planting within the City's public parks and golf course. The City requested the grant to assist in its efforts to mitigate tree removals from recent storm events and the implementation of its Emerald Ash Borer Management Plan. The City has been awarded $15,000 to furnish, install, and warranty trees throughout the City parks and golf course. The grant application identified a $5,000 match from the City to complete the project. The City currently has funding for tree planting identified in the Tree Maintenance (1646-6440) portion of the Park Maintenance (067) budget on page 58. The City is required to enter into a contract with the DNR for the project. The project will start as soon as the �ity gets a fully executed copy of the contract from the DNR. Work is scheduled to be completed by lune 30, 2014. Attachments • Resolution Authorizing the Grant Agreement Between the Minnesota Department of Natural Resources and the City of Golden Valley for the General Obligation Bond Proceeds Designated for Tree Planting on Public Property (1 page) • State of Minnesota General Obligation Bond Proceeds Grant Contract (29 pages) Recommended Action Motion to adopt Resolution Authorizing the Grant Agreement between the Minnesota Department of Natural Resources and the City of Golden Valley for the General Obligation Bond Proceeds Designated for Tree Planting on Public Property. Resolution 12-47 June 19, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING GRANT AGREEMENT BETWEEN THE MINNESQTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY QF GOLDEN VALLEY FOR THE GENERAL OBLIGATION BOND PROCEEDS DESIGNATED FC�R TREE PLANTING ON PUBLIC PROPERTY WHEREAS, the City of Golden Valley submitted an application to the Minnesota Department of Natural Resources for funds to assist with tree planting within the City's parks and golf course to mitigate tree removals from recent storm events and the implementation of its Emerald Ash Borer Management Plan. NOW, THEREFORE, BE IT RESOLVED, that Shepard M. Harris, Mayor of the City of Golden Valley, and Thomas D. Burt, City Manager, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Minnesota Department of Natural Resources prescribing to the terms and conditions af said grant agreemenfi as referenced. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolutian was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity 2012-2014 Funding Cycle THIS AGREEMENT shall be effective as of April 2, 2012 or upon the date that the final required signature is obtained by the State, pursuant to Minn. Stat. Sect. 16C.OS, subd. 2, whichever occurs later, and shall remain in effect until June 30, 2014, or until all obligations set forth in this Grant Contract have been satisfactorily fulfilled, or the Grant Contract has been cancelled, whichever occurs first, and is between City of Golden Valley, a political subdivision of the State of Minnesota (the "Public Entity"), and the Department of Natural Resources, 500 Lafayette Road, St. Paul,MN 55155 (the"DNR"). RECITALS A. The DNR has created and is operating a diseased shade tree removal and replacement program (the "State Program") under the authority granted by Laws 2010, ch. 189, subdiv. 12 (the "State Program Enabling Legislation"). Under the State Program, the recipients of a grant must use such funds for the planting of publicly owned shade trees on public land (Real Property) to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, Sea 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application") attached as Attachment (II in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant from the State Program in an amount of$15,000.00 (the "Program Grant"), which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. E. The Public Entity's receipt and use of the Program �rant to improve real property (the "Real Property") will cause the Public Entity's ownership interest in all of the Real Properry to become "state bond financed property", as such term is used in Minn. Stat. Sec. ]6A.695 and in the "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 ("MMB") and dated August 26, 2010, as amended, even if such funds are being used to improve only a portion of the Real Property. G. The Public Entity and the DNR desire to set forth herein the provisions relating to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Property. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows: A rticle I � DEFINITIONS Section 1.01 De�ned Terms. As used in this Agreement,the fo(lowing terms shali have the meanings set forth below, unless the context specifically indicates otherwise: "Agreement"-means this General Obligatian Bond Proceeds Grant Agreement for Tree Removal and Replanting. "Certification" — if applicable, means a certification in the form attached as Attachment IA, in which the Public Entity acknowledges that its interest in all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Cade"-means the Internal Revenue Code of 1986,as amended from time to time,and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner's Order" - means the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of MMB and dated August 26,2010,as amended. "Declaration" - if applicable, means a declaration in the �form attached as Attachment IB, indicating that the Public Entity's ownership interest in the all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 1FA.695 and is subject to certain restrictions imposed thereby. "Event of Default"-means one or more of the events set forth in Section 2.05. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the Program Grant, and any bonds issued to refund or replace such bonds. "Project"-means the Public Entity's identification,removat, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease. "Public Entity"-means the entity identi�ed as the"Public Entity"in the lead-in paragraph of this Agreement. "Real Property" - means the real property located in the County of Hennepin, State of Minnesota, legally described in Exhibit A to the Certification attached as Attachment IA and/or generally described in Exhibit A to the Declaration attached as Attachment IB. "Useful Life of the Real Property"-means 30 years. 2 Article II GRANT Section 2.01 Grant of Monies. The DNR shall make the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the DNR or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property must be owned by one or more public entities. Such ownership may be in the form of fee ownership and/or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the DNR that it has, or will acquire, a fee simple and/or an easement ownership interest in the Real Properly, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Property. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for the planting of publiciy owned shade trees on public land (Rea] Praperty) to provide environmental benefits; replace trees lost to forest pests, disease or storm; or to establish a more diverse community forest better able to withstand disease and forest pests, and may not use the Program Grant for any other purpose. Section 2.04 Public Entity Representations and Warranties.The Public Entity represents and warrants to the DNR as follows: A. It has legal authority to enter into, execute, and deliver this Agreement and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their terms. E. It will comply with all of the terms and conditions of this Agreement and all other documents referred to herein. � F. It will comply with all of the provisions and requirements of Minn. Stat. Sec. 16A.69S, the Commissioner's Order,and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Progam Grant, and all of the information it has submitted or wi11 submit to the DNR or the Commissioner of MMB relating to the Program Grant or the disbursement of the Program Grant is and will be true and correct. 3 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 actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it ralating to the Real Property, 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 its ability to enter into this Agreement, the Certification and/or the Declaration, or any document referred to herein,or to perform any of the acts required of it in such documents. I, Neither the execution and delivery of this Agreement, the Certification and/or the Declaration, 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 ageement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or reguiation, or any covenant or agreement of record relating thereto. � � K. The Project has been or will be completed in full compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Projeet have been,or will be, obtained. M. �It has complied with the matching funds requirement, if any, contained in Section 6.20. N. It will not, without the prior written consent of the DNR and the Commissioner Qf MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property, whether such lien or encumbrance is superior or subordinate to the Declaration(if applicable). O. It reasonably expects to possess the ownership interest in the Real Property described in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such ownership interest. A. It will supply whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. Q, For that portion of the Real Property (if any) as to which the State Entity or the Public Entity has received a waiver from MMB of the requirement that the Public Entity record a Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will promptly execute a Certification and deliver a copy thereof to the DNR and to MMB (attention: Capital Budget Coordinator). For that portion of the Real Property (if any) as to which the Public Entity has not received a waiver from MMB of the requirement that it record a Declaration, it has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the DNR and to MMB that contains all of the recording information. 4 R. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the DNR or the Commissioner of MMB. Section 2.05 Events of Default. The following events shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the DNR or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity'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 long as the Public Entity 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 DNR and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the DNR to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails ta fully comply with any provision, condition, covenant, or warranty contained in this Agreement, the Certification and/ar the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty in Minn. Stat. Sec, 16A.695, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds required for the Project,if any,under Section 6.20. E. If the Public Entity fails to deliver the Certification and/or record and deliver the Declaration described in Section 2.04.Q. Notwithstanding the foregoing, any of the events set forth above that cannot be cured shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the DNR or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the DNR, the DNR or the Commissioner of MMB may enforce any or all of the following remedies. A. The DNR may refrain from disbursing the Program Grant; provided, however, the DNR 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 than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the 5 Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the DNR 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 DNR or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other pravision of this Agreement within 30 days of demand by ths Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor af the DNR and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or offset against any aids or other monies that the Public Entity is entitled to receive from the State af Minnesota. Section 2.07 Notification of Event of Defaul� The Public Entity shall furnish to the DNR 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 bath 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 action which the Public Entity proposes to take with respect thereto. Section 2.08 Survival of Event of Default. This Agreement shall survive any and all Events �f Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.10 and at the end of its term in accordance with Section 2.09. Section 2.09 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 periad starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property to the date on which the Real Property is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property from the effect of this Agreement and the Declaration, if any. Section 2.10 Modification and/or Early Termination of Grant. If the full amount of the Progam Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the DNR may agree in writing, then the DNR's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program � Grant has been disbursed by such date, then the DNR's obligation to fund any portion of the Program Grant shall terminate and this Ageement shall terminate, and (ii)if some but not all of the Progam Grant has been disbursed by such date, then the DNR shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect. 6 This Agreement shall also terminate upon the Public Entity's sale of its ownership interest in the Real Property in accordance with the provisions of Article III and transmittal of all or a portion of the proceeds of sueh sale to the Commissioner of MMB in compliance with Article III, or upon the termination of Public Entity's ownership interest in the Real Property if such ownership interest is by way of an easement. Upon such termination the DNR shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property, from the effect of this Agreement,the Certification and/or the Declaration. Section 2.11 Excess Funds, If the full amount of the Program Grant and matching funds referred to in Section 6.20 (if any) are not needed to complete the Project, then, unless language in the State Progam Enabling Legislation indicates otherwise, the Progam Grant shall be reduced by the amount not needed. Article III SALE The Public Entity shall not sell any part of its ownership interest in the Real Property unless all of the following have been complied with fully: (i)the sale is made as authorized by law, (ii)the sale is for fair market value (as defined in the Commissioner's Order), and (iii) the written consent of the Commissioner of MMB has been obtained. The proceeds of any such sale shall be distributed as set forth in Minn. Stat. Sec. 16A.695 and the Commissioner's Order. Article IV COMPLIANCE WITH MIN1'V.STAT. SEC. 16A.695 AND THE COMMISSIONER'S ORDER Section 4.Q1 State Bond Financed Property. The Public Entity and the DNR acknowledge and agree that the Public Entity's awnership interest in the Real Property is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in Minn. Stat. Sec. 16A.69S and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply,to the Public Entity's ownership interest in the Real Properly, Section 4.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds,the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Cade including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.Q. Bonds to be classified as"arbitrage bonds" under Section 148 of the Code. B. It will �deposit into and hold all of the Program 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 contained herein. C. It will, upon written request, provide the Cammissioner 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 GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty,that could cause the interest an the GO Bonds to no longer be tax exempt and upon 7 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 G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or ter►ns of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-] CB 632, or (iii) changing the nature of the use of the Real Property so that none of the net proceeds of the 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 14l(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 Program 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 omit to take 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 shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Changes to Minn. Stat. Section 16A.695 or the Commissioner's Order. If the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Properly from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Sectian 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNR's obligation to disburse any of the Program Grant shaU terminate as of the date specified in such Section even if the entire Pragram Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Pragram Grant, or (iii) have otherwise been consented tq in writing, by the DNR and the Commissioner of MMB. Section 5.02 Conditions Precedent to Disbursement of Grant.The obligation of the DNR to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shal] not exceed the amount of the Program Grant set forth in Recital D. B. The DNR shall have received a duly executed Certification and/or Declaration that has been duly recorded in the appropriate governmental office, with all of the recording infarmation displayed thereon. 8 C. The DNR shall have received evidence acceptable to the DNR that(i)the Pubiic Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and/or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has comp�etely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptabie to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project. F. The DNR shall have received evidence acceptable to the DNR that all required 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. G. No Bvent of Default under this Ageement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace ar time elapse shall have occurred and be continuing, H. The Public Entity has supplied to the DNR all other items that the DNR may reasonably require. Article VI MISCELLANEOUS Section 6.01 Condemnation. If after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds which are not used to acquire an interest in additional real property needed by the Public Entity to continue its use of the remaining Real Property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership interest in the Real Property had been sold. If the Public Entity elects to sell its ownership interest in the remaining portion of the Real Property, 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 praceeds of such sale must be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will disclaim, assign ar pay over to the Fublic Entity all of such condemnation proceeds it receives so that the Public Entity can comply with the requirements of this Section, Section 6.02 Record Keeping and Reporting. The Public Entity shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the Project needed to comply with the requirements of this Agreement, Minn. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the DNR, auditors for the DNR, the Legislative Auditor for the State of Minnesota, or the�State Auditor for the State of Minnesota, to inspect, audit or copy all of such items. 9 The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such items for a period of 6 years from the date that the Project is fully completed. Section 6.03 Inspections by DNR. Upon reasonable request by the DNR and without interfering with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Rea( Property. Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant or the Project to comply with all of the provisions of the�Minnesota Government Data Practices Act contained in Minn. Stat. Chapter 13. Section 6.05 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, and it shall fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181. � Section 6.06 Worker's Compensation. The Public Entity agrees to comply with all Qf the provisions relating to worker's compensation contained in Minn. Stat. Secs. 176.1&1 subd. 2 and ]76.182 with respect to�the Project. Section 6.07 Antitrust Claims. The Public Entity hereby assigns to the DNR 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 that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6A8 Legisiative Notification. Prior to beginning work on the Project, the Public Entity shall notify the Chairs af' the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. Section 6.09 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minn. Stat. Chapter 177, and specifically those provisians contained in Minn. Stat. Secs. 177.41 through 177.435 with respect to the Project. Section 6.10 Liability. The Public Entity and the DNR agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of the DNR and the Cammissioner of MMB is governed by the provisions contained in Minn. Stat. Sec. 3.736. If the Public Entity is a "municipality" as such term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of such Chapter 466. Section 6.11 Relationship of the Parties. Nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Public Entity, the DNR, or the Commissioner of MMB, nor shall the Public Entity be considered to be an agent, representative, or employee of the DNR, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement,the Project,or operation af the Real Property. The Public Entity represents that it has already or will secure all personnel required far the performance of this Ageement and the Project. All personnel of the Public Entity or other persons while engaging in the performance af this Agreement and the Project shall have no contractual relationship with the DNR,the Commissioner of MMB, or the State 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 10 of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State o� Minnesota, claims of discrimination against the Public Entity, its � officers, agents, contractors, or employees shall in no way be the responsibility of the DNR, 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 DNR, the Commissioner of MMB, or the State af Minnesota including, but not limited to, tenure rights, medical and hospital care,sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 6.12 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 at: City of Golden Valley 78Q0 Golden Valley Road Golden Valley,MN 55427 Attention: Tim Teynor To the DNR at: Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155-4044 Attention: Ken Holman,Community Forest Program Coordinator To the Commissioner of MMB at: Minnesota Department of Management and Budget A00 Centannial Office Bldg. � 658 Cedar St. St.Paul,MN 55155 Attention: Commissioner Section 6.13 Binding Effect and Assignment or Modi�cation. This Agreement and the Certification and/or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the DNR may assign any of its rights or obligations under this Agreement ar the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Certification and/or the Declaration shall be binding on either the Public Entity or the DNR unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 6.14 Waiver. Neither the failure by the Public Entity, the DNR, 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 Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as 11 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 Public Entity, the DNR, 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 6.15 Entire Agreement. This Ageement, the Certification and/or the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either�oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enfarcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State 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. Section 6.17 Severability. If any provision of this 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. Section 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds for the Aroject: NONE. Section 6.21 Source and Use of Funds. The Public Entity represents to the DNR and the Commissioner of MMB that Attachment II is intended to be and is a source and use of funds statement showing the total cost of the Project and aU of the funds that are available for the completion of the Project, and that the information contained in such Attachment II correctly and accurately delineates the following information. A. The total cost of the Project. B. The source and amount of all funds needed to complete the Project,including: (i) State funds including the Program Grant, (ii) Matching funds, (iii) Other funds supplied by the Public Entity, (iv) Loans, identifying each such loan and all collateral pledged for repayment of each such loan and (v) Other 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. 12 Previously paid project expenses (that is, project expenses paid before the effective date of this Agreement)that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment II if such items ha�e been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of MMB may request to support ar explain any of the information contained in � Attachment II. Section 6.22 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of MMB, is a third- party beneficiary of this Agreement. Section 6.23 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 6.24 DNR and Commissioner Required Acts and Approvals. The DNR and the Commissioner of MMB shall not (ij perform any act herein required or a�rthorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or(iii) unreasanably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E-Verification. The Public Entity agrees and acknowledges that it is aware af Governor's Executive Order 08-Q1 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 Ageement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR 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 shall control: Reyuired documents: Updated Community Forestry or Shade Tree Ordinance Annual Maintenance Plan for Public Trees One of the following must accompany the two required documents: Community EAB Preparedness Plan Or Community Forest Management Plan, including EAB preparedness, annual tree maintenance and public education components. 13 IN TESTIMONY HEREOF, the Public Entity and the DNR have executed this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting for Diversity under the diseased shade tree removal and replacement program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Golden Valley, a political subdivision of the State of Minnesota By: Name: Shepard M.Harris Its: Mayor Dated: By: Name: Thomas D. Burt Its: City Manager � Dated: STATE ENTiTY: DEPARTMENT OF NATURAL RESOURCES By: Name: Wayne Damerow Its: Assistant Director, Division of Forestry Dated: ENCUMBERED: Sonia Ontiveros Accounting Officer Senior Dated: 04/20/2012 SWIFT Contract# 45163 SWIFT PO # 3-17223 14 ATTACHMENT IA � � CERTIFICATION � State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple and/or easement interest in the real property located in the County of , State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the "Restricted Property") and acknowledges that the Restricted Property is State bond-financed property. The undersigned acknowledges that: A. The Restricted Property is state bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; B. The Rastricted Properry is subject to the provisions of the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting or Planting Por Diversity between the DepartmentofNatural Resourcesand dated , and C. The Restricted Property shall continue to be deemed state bond financed property for 125%of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: , 20 City of Golden Valley, a political subdivision of th� State of Minnesota By: Name: Shepard M. Harris Title: Mayor By: Name: Thomas D. Burt Title: City Manager l5 Exhibit A to Certification GENERAL DESCRIPTION OF RESTRICTED PROPERTY LEAVE BLANK- NOT PLANTING ON PUBLIC EASEMENTS OR STREET BOULEVARDS 16 ATTACHMENT IB DECLARATION State of Minnesota General Obligation Bond Financed Property The undersigned has the following interest in the real property located in the County of Hennepin, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively referred to as the"Restricted Property"): � (Check the appropriate box.) � a fee simple title,or � an easement, and as owner of such fee title 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. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute; and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, 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 B. The Restricted Property is subject to all of the terms, conditions,provisions,and limitations contained in the General Obligation Bond Proceeds Grant Ageement for Tree Removal and Replanting or Planting For Diversity between the Department of Natural Resources and City of Golden Valley dated April 2, 2012 (the "G.Q. Grant AgreemenP'). The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Property Dectaration for 125°/a of the useful life of the Restricted Property or until the Restricted Properly is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of the Department of Natural Resources and the Commissioner of Minnesota Management and Budget, 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 Management and Budget. 17 City of Golden Valley, a political subdivision of the State of Minnesota By: Name: Thomas D. Burt Title: City Manager Dated: , 20 STATE OF MINNESOTA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by Thomas D. Burt,the City Manager of the City of Golden Valley, a political subdivision of the State of Minnesota. Notary Public This instrument was drafted by: Ken Holman Community Forest Program Caordinator Minnesota D�partmenYof Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN SS15S-4044 l8 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY (Insert a narrative or graphic description of fhe Restricted Properiy.It need not be a legal description.] Park Name Address PID No. Brookview Golf Course 200 Broakview Parkway 311?821430001 City Hall Campus 7800 Golden Valley Road 3211$21230188 Hampshire Park 1610 Louisiana Avenue North 2911821420Q04 South Tyrol Park 1501 Kaltern Lane 3002924410081 North Tyrol Park 900 Westwood Drive South 3002924130032 Scheid Park 1856 Toledo Avenue North 1802924320045 Gearty Park 5300 Lowry Terrace North 0702924320054 Lions Park 151 Louisiana Avenue North 3211821340034 Stvckman Park 3300 Major Ave North 0702924130094 Glenview Terrace Park 3401 Manor Drive 1702924210001 Golden Oaks Park 1141 Valders Avenue North 3111821110021 Lakevisw Park 1521 Hillsboro Avenue North 3011821330022 Laurel Avenue Greenbelt(Cortlawn Pond) 6900 Laurel Avenue 0511721110043 Laurei Avenue Greenbelt(East&West Ring Ponds) 7100 Laurel Avenue 0511721210077 Natchez Park 201 Natchez Avenue North 1902924340016 St. Croix Park 5850 St. Croix Avenue North 2811821310008 Adeline Nature Area 911 Adeline Lane 1902924240012 19 ATTACHMENT II SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identi Source of Funds ; Amount Iden ' Items Amount ��..�..�.,,,,�.....��,�,,, . �...... .. ,_�.....,�-,m,--z .. . ....... ... _�.m-�._........ ........................... .. ..... ......... ..............................:........................... :... ..... ..._........... ...... ....._........,........ .�.....,........ .. ...................... ..... tateun s ......................................�............................. Ytems�aid...tor wrt�i......,..,................,..................................;.. .. .... ... .. ,... .. ... _._ _ _; ... __ __ Program Grant ;$15,OQ0 Program Grant Funds � __ _ _ _ _._ _ .....Tree...Plantin.�.............................._.............: $�15 000 .................................................................................................................................................................................................................. .......................................... ,.........�_............. Other State Funds ; ' $. ; . .... ., ... ....... ... '......�.,�.....,...... ........ ......... ..... ��......... ........ $ .$ .......... ... ..... ..... .... .............. .. . ..............,..................... '$ Subtotal _ ; $• __.. ........ . .. _ �... .. Subtotal : $ ..............................._..........,......,..,.....,..,...,,...,....................,._......,,...,_.........,.,,....;......�....,........., ..,...,.......,....,.....,........,....................,.................,.......,...........,...................,...,....................,,....,;...�..................,........,...............,.................... Items Paid for with ....................................................................................................:...........�........................................................... _............................................._........................_........................._,....._.......................................:........................................_......._....._......_........ .,.Matching.Funds........,.. ,........,_.......,._........ ,...,...............,................ ...Non„-Program,..G,ra.nt.Funds................,..,....,:..,......................,................,,.,......,........., Ci ofGolden Valle �$5 000 Tree Plantin ; $5 000 ,,........,...............,�:.,.......,........,..............................,.............,.Y.................................. x........,........_...,......,.......,......,...,,...,, ..,........,...............,,,..,..,,.......,,..........,..,........,..,..................,..,..,,,�..,......,..............,........... ..��..,........,... ,....... . $ _..... $�........... ...,Subtota,l.....................................................................,,,...,...,,..,,..,,...,......, .t.�....�.,............ ...,.,,..,..,,..,,. .,,...,,..........,..........,...,........ ....��........,....... .... _...: __... _.... _;..... . _... .Other Public.,.Enti.�.'..Funds..........................�..,,...,.............................................................. ...Subtotal...........................,..,.......,.....,.,...�.................,..............................................;...,��............... i$ ............... ......................,.............,.,.,..,.........�.......,,,.., ,.,,....,..................................................................,.........,..................,.,..............................................:.............................,........,...,............................... . ............ .... . ; .,_....... ..........................................._,...,$ ,,.. ..,....,...,.,..,..,.,...,......,,..,.,,...,.................,.......,.....,....,...,,..,,..,,...,....,..,,,...,..,,..,.,.............,.......,,......:...,..................,.,......,,..,..,,.,,,..,......._............. _Subtntal..._.. . ......_.. : .._ _.......... ... ...... ... .................................................................,,..........,..,.......,...........,.,.,.,......,......._...........,.. ............................................................. ...................................................................................,...,,..........................._..,.�..........................,.................,.... .. ........................................... Loans . ..... ..... ...... ....... .... ...... ........ .... ...... � .,..... . ..... .. _ . . _ $�... _ _. _ ,..._ .. ; . ...._................_.................................................................................................................:....$.�............. ..............................,................,...,....,.....................................................�............................,.,........,.,..................................................�.............. ...Subtot,al ......... :.$.�. �. . __... . ..... ... .. ..... ;_ . ....................._.._..._._........................_........,,...,........................................................,.,........................,................................................ .......................................................,.............................._. . ..................................................:.................................................................... .Oth.gr...F.l�nds...................................................................................,.t................................. ......,. ............ .... .. ... .... .. . ..., ' $..�._.�....._._... _. ......... .... ��....� .. . ...... ......... ......... ......... ........ ..,...... ............ ,. :. , Subtotal ...... i.$.�.... . . _. ... __ . ........ .... .......,. _.. ....Pre.....a.id...Pro'ect Ex.....enses.,,......,.,.......... ............................................�...............,.... ....,...........,.....................,,...,...,..,,,..,,..,....,..,,..,,..,.,........._................................,..,,.......,..,. ,....,....._........,......_,..............�.,,............ � , .....................�P........,.,.,...,..,,.....,.,J.,,.,...,......,...,,...,..P.........,..,.......,............,....,......,....;..,..........,..,....,..,,...,...,,.,,..................,......,.,..,,,.. ..,,,...,,,..,,.....,...,......,......,....,.,,.......,,.......,............,.,.,.......,,...,...,,............,....,,....,...........,.,..,.........�..........,....................,......,,.........,,...,,..,.,..,,..,. .; � . ......�..... .. :..... . . ...... _... ....... .........,,,.,. ........................................... ..�.�..�.....,..., ....._...................................,..,....,,....,,.,.,,...,,..,...,............_...,,..,...,..._.......,.�..........,..,.......,,,. ...,.........._.........,...,.........._.........,......_. ..... Subtotal ..._.... :...$ , . � ....._.. _.. TOTAL FUNDS �$20,000 ' TOTAL PROJECT COSTS $20;000 ...................................................................................................................................:...........�.......,......, ..........................................................................,..................,...,......................................................:..........�.............. 4 ATTACHMENT ❑I GRANT APPLICATION 2l ll�n� 2010 to 2014 Community Forest Bonding Grant Application � Covershest Please refer to the Guldelinas when completing the application.This fortn is also availeble on the ptJFt websfte;http.tt .dnr.state�mn.�,ust�rantsJftsrestm mUcommforestband�rant/index.html DEFARtAi�f(OF �� .°� Jsnuary 27,2012 Apalicant Infarmation Application Date: Organizatian: City of Gofden Vailey,Minnesota Project coardinatcr: Tim Teynor Title ��s�nt Cit}r Forester Address: 7800 Golden Valley Rosd C��g��p Golden Valley,MN 55427 Phone:affic� ��"3g76 �Il 783-286-8892 p�_ T83-593-3988 Emall: tteynor(�goldenvalleymn.gov Addfional Project Coordinahxs/Technical Advisors:(list names,orgsnizatfoNagency and phone) AI Lu�dstrom,Par�cs Maintenance Supenri�r/Ciry Forsster,763-593-8046 Eligibility(check one): [�City ❑Township ❑County ❑Paric&Recreatlan Boarcl in dty of First Class Has your organization received a DNR Community Forest Bonding grant?[,]No QYes,when? Mar�h 2011 For cities ar townships only. ts your communiry a Tree City USA? �]No DYes Project Tttle: Reforestatlon o#Tomado-damaged Trees 8�Ash For a Diverse,Resilient Community Forest Summary Statement—Please give a 2�sentence summary of yaur overaif projec�. Cityr tree losses from a tomado(May 22)and 2 severe thundersto�ms{July 2-3,August 1 j in 2011 resufted in a loss and remaval af over 158 shade trees ftnm City Parks and Nature Areas. Grant money wiU be used to rapiace and warranty 100 of these trees from 10-12 na�ve species in open areas to increase species diversity in Ci�ty Parks,Brookview Goff Course,and other City properly.The City may lose about 25°�6 of the shade trees, which ara ash(Fraxinus pennsyivanica),in the next 10-15 years due ta an emeraid ash barer infestatlon that is focated abng West River Road in Minneapotis and abanat 4.5 miles from Golden Valley. Pro)ect lacatlon(c�unty,city,site):Hennepin,Golden Valiey,Perks,8rookview Golf Course,&Bidg.Grounds y*��d�: March 2012 Eupected compistlon date: �ay 31,2d14 Bud et Summa T of Fund S Amount No»�tate cash contributlons not u! 5.000.00 Nan-state irNand caMnbutions not u Ash Tree Remova! rant re uested Tise Plentt rant r�a uested 15,000.00 TOTAL PROJECT CC}ST3: 2�,�•� Authorizatlon I cerMy this iMormation is valid arxf tactuai as descxibed in thts appilcatior►and that all t�sts are elfgibie ur�der the DNR Community Forest Bonding Grant Guid�ines. Name: Tim Teynor T��Q: Assistant City Forester Signature: �'�'�"""""""�""-w Date signed: �anuary 27,2012 -1 - ProJect Questfons P{ease answer the following questions on separate pages. L.ir�s�t�2 pag�s.You may reproduce#hese questions on your computer. Ftefer to the Guldelfrees to better understgnd how projects wili be evaluated. 1. Organixatton applying(e.g.City of Goiden Valley )and Project Title. 2. ProJsc!Purposs—�In what ways will your project meet the needs of the community fo�+est restwrces?Explain how the proJect will beneflt and enhance the cpmmunity and why you teel your project should recehre funding. 3. Project Location Descrlption—Describe the site locatlon(s)of the project in detaii along with speciai characteristics such as soil oompos�ion. 4. Documsnt Aublic Ownership-. ��r�ification�r�d/or t��clar�tic�n at 8c�nd-fin�n�ti Propsr�ty documsn#s will nsed to be included when the Grant Agreement is signed a�d retumed to DNR,but are NpT required with the project appiicatlon. We dv reaommend fnduding a map of the project area. See the Project Tlmetine sectfon of the Gu+dellnes for de#ails. 5. ProJect Goals--What are the projecYs sosls and objectives for each grant category apptying for? 1.Planting for diversfty,repiacing trees lost to stoRn(s). 2.Removal and replacement of EA&infested ash trees. 6. Methods—What will be develaped,produced,perFor►ned and implemented—who wili be responsible for these activi�es 8nd whan will they ocxur?Indude any educatlonai out�each efforts, owork with volunteers,and espedalty the technical plans and practices. 7. PersonneF—Describe the names,titles,quaiftications and project role fo�ai!staff and technical partners invobed. Describe the roles of volunteers involved and training to be provided. 8. Maintenance and Management Pian A. Upon compietfon,what are yaur plans for long-term maintenanc�of trees pianted,and monitoring and management af insed and disease pests?indude how,when and by whom ac�ivitles wNi be accomplish�. For any tree plarrting project,you m�st provide a summary of at least a 3-year maintenance pian.` 8. What is the community daing to build capacity towards long-term management of this proJect or a community fonastry program independent of state funding?Descri�any exisGng management plans.* *Note: Please sea Required Locai Program Components in the Guidelines for documents that are due upon completlon of the grant project. Those documents should be inciuded with the�in�l�epork and�r�v��ce f�rrs�. Ti�ee Planting List Only tlli out ii�is tab/e!f yau are dnirrg t�e p/ant/ng as part of your projeci: lf you need addfdanal space.�n �ddltton�i sh F ina,y lrtc#ud (!p,�gv�Ilmlfl.P/ease refet to:A r�.ov_ed___hlative Planting Siock List. Tree Stock Sou�rce(s): Local Minnesata nurgeries used previousiy(Fairs,Bad�mans,or Cross Nursaries}. QTY Spedes Sixe 8�Type(BBB,bare Common&Scientific Name roat or aantaine� rown 10 Basswaod(Tilia americana) 2.5"88�6 10 Bur Oak (Quet�cus macrocarpa) 2.5"8&B 10 HadcbertY(Ceitls oxidentatis) 2.8"B&B 5 Hone locust Gleditsia trincarrthas var.inermis 2,5"B$�B S River Birch(Betula nigra) 2.5"8&B 10 American Elm(Ulmus americana-DED resistant cvs.) 2.5'B8B 10 Swamp White Oak{Querc�bicolor) 2.5"B8�B 40 Sea attached Tree Planting List 2.5"88�8 �pp « Tata1 number of trees (Use 1 additianal sheet if needed) -2- 2092 to 2094 Commun'ty Forest Bonding Granf Cify af Golden VaUey Revised Tree Planting List—Continued QTY. Speaes lCommon 8�Scierrtific Name) Size &Type 5 Black Hills (White) Spnrce (Picea glauca densata} 5' B&B 10 Blue Beech (Carpinus caroliniana) 2.5" B8B 15 Kerrtucky Coffeetree (Gymnaciadus dioicus) 2.5" B&B 10 Ironwood (Ostrya virginiana) 2.5" B&B 40 «< Page Tatal number of trees ProJect Budget 8reakdown Ple�se refer to tt►e Guidelines for eligibte and ineligible expenses.H�hlighted areas are ir�ligible expenses. �1eas�a�f��tr��csdgr�t�9arra�ive with datails of Con#ractwal8ervices,Equtpment and"Other"coata.(ifmit 1 page). ITEM(apecify type and sour�ce) in-kind Match Cash Match gonding Grant 7ata! Funds Public Ash Tree Remavai Bud et See"Know EAB-Infesbed Areas Ma �far ati ible ublic lands. Personnel:(No grant funds can be us�i for grantee personnel) Q Contrackual Services: Briet1y desc�ibe in Budget Narrative.(see Eligible Costs) 0 Grantee-owned,lease or rentai equipment use.Match onty.(no grant funds for Q equfpment use) Education c�sts. Match only. 0 Other. Brletiy desaribe in Budget Narrativ�.(see Eligible Ga�ts in Guidelines): � PubUc Ash Tree Removal Sub Totals 0.00 0.00 0.00 O.QO Pubfic Tres Plantln Bud e# storms or infested ash re lacemer�t and lantin for dhrersl Personnel::(IVo g�ant iunds can i�used for grantee persannel) 0 Plant Stodc(trees only): � Grarrtee�owned, lease or rental equipment use. Match only.(no grant funds for 0 e uf inent use Contractual Services:Briefly describe in Budaet Narrative.(see Eligible Costsj 500Q.00 15i�q0.[}0 20000 �ducation costs. Match anly.jworkshoAs, pubtications,etc) U Other.Briefly describe In Budqet Narrative.(ses EligiWe Costs in Guidelines): p Pubiia Tree Plantln Sub Totals Q.00 5,000.00 15,aoo.00 TOTALS for both project types 0.00 5,000.00 15,000.00 ?0,000.00 Must ua!amounYs in .1 Bud et Summa a�pp{��f��n�h�ck-o�: Mail the�riginai arr�3 c�p6��of the following: ` Completed and signed applicatfon foRn Rttached pages:Answers to project questlons(2 page iimit},budget narrative(1 page limit),extra tr�planting list(1 pags Iimit),and op�onal map(1 page limft) Applications must be received by 4:30 pm,Fr3day,February 17,2012. Mafl to: 2012-44 Community Forest Bonding Grants Minnesota DNR,Divisfon of Forestry, Box 44 500 Lafayette Road St. Paul,MN 55155-4044 _�_ Planting for Diversity Project 2012-2014 DNR Community Forest Bonding Gr�n# Budget Narrative Ctfy of Go/den Vattey, MN:Re�'oresfat�on of Tornado-damageat Ti�ees and Ash for a Dfverse, Resrlient C�mmunity For�est The City of Golden VaNey will contract for the purchase, planting, and warranty coverage of the B&B trees with a professiona! landscape contractor. The City of Golden Valley wiq provide $5,000 in matching funds for the$95,OU0 of Bandin� Grant funds. City Forestry staff wAt coordfnate the request and review of cantract bids with the subsequent award of the contract. Foresters and the contractor will determine suitable planting locations and date. Staff wil! verify the completion of tfie initial planting, watering, and muiching, and any warranty tree maintenance or replacements, if any, that are needed. A one-year warranty will be in effect for the survival af B&B trees from the time of�inal payment to the contrackor. Trees shall be maintained by the contractor throughout the , warranty period. Ail maintenance and the costs, wfiich shall include wateri�g, cuftivationlweeding, and mulching, wiN be included in the unit bid price for the trees. if the trees are found ta be dead or in arr unhealthy or badly impaired condi#fon by City staff during the warranty periad, the cx�ntractor will repiace the trees at no charge. Af) replacements will be trees of the same type and size as spec�ed in the contract. A!I warranty-replacement trees will be guaranteed fvr one calendar year fram the planting date. Foresters wifl also manitor the water, weeding, pruning, and muich needs of the trees. City Public VNorks maintenancs staff wi(I water, weed, and repiace mulch as need�! during Apri! to Navember, if not done by the contractor, and in the twa yea�s following the warranry period. 2012-20�4 Community Forest Bonding Grant Locations � �o � � � !I�. � I � , j. _ .. � � � � I' ` -- ..._. . __.-----�' ---j,..��_�----•---- •i.r - - - �. i � � � ' �� . ' ' � � i! � �. . . ' � j ' �: , -� � ' � � r I t ~ :�, � �� . . .. o . ,�,� , �� . i ,�,.�.� ��, �' �, i �' � � ��.. � ,` , �; ' , � ' �� .. . , . � . � � � . � �� -� -- - _ � i �:;� �f.� t : ' .. , ..... ., _:� ; I . �'_ . ,y�"r;; p� t: : `� __ ;i,�_ , � � � � . . ------,�--- - — 5s i -- - .. - -- . � �, �. a . ., . � . �� - � ,>.....�-!. .. •` ' � �' � 1 � . ' - � •� . �: e � ... -_ i j �;2� ^� • -... _ ` .�`' � _`�- _,� , 1:.� - , . . �� . 4 � -- _ r- -" � 1 �� . . . , __�_ _. � _ � - �- �_- �-- --.- � � � -_ / _- � ,— _ I � �_�� — -----�»`-_ ,. i� .;; :Ir � FORESTRY �°�sG�,►�e,�y�,�W�s RESOURCES He"�°p�'�°`"'�,S'",�'"°'�°� ; SEH,/nc lior MLCCS � I -° Trails 8 Sidewalks ' Feet � Pubiic Parks&Nature Areas Ash Condition �ther Trees 0 1,500 3,000 �-:� ��: Community Facilities . o Good � Deciduous i�__.�: Other Public Property o Fair �: Coniferous �r w.er�q a wr».ea sra,�►.me.aq area tt,a.�nw.m.FVKw�.�..�. � awrH,.y�rye..a�+r•nnr+w,roeMr�rnovd.s+.wy..:ru.. P°°r x Removed ""„'"°°""'°.�"�"b'�"'�"s,.�"""'"'°�'w�""� PrintDaAe:0�2Q2011 �"'"'y��„�a.�`�.y..°�o�`a.�.�r�dr«�su�dn»�v"' � Dead/Dying ww►uDo/denvalleymn.gov .�.o�.��„�. 1 Planting for Diversity Project Questions 2012-2014 DNR Community Forest Bonding Grant 1. City of Golden Valley, MN: Reforestation of Tornado-damaged Trees and Ash 1�ar a Diverse, Resilient CommunEty Forest 2. Project Purpase—City was impacted by a tomado in May and two other significant storm evants in 2011. On May 22, July 2-3, and August 7, the City(ost over 158 public trees. Sixty-five trees were also last in May 2008 and 81 shade trees were lost in September 2047. Shade tree losses over the past 5 years had a significant negative impact on Golden Valley's urban farest tree papulartion. This grant will aliow the City to continue pianting a diverse and resilient community forest with a va�iety af native tree species, which was started with the suppart af the 2q10-2012 Community Fore�#Bonding Grant. Replacement af trees.that were last due to the #omada and other s#orms with diverse native species wil( limit the City's liabili#y far passible future diseases and insect pests such as emerald ash borer. EAB is about 4.5 miles from the eastern border of Golden Valley. 3. Project Loaation(s) Description —Pianting will occur in at least 11 of the 23 Ci#y parks, Broakview Public Golf Caurse, and other public properties such as the City Hall campus and Fire Stations. City parks, the public golf course, and City Nall campus consist af over 30A acres. Clay soils predominate in thfs city. 4. Document Public Ownership —All properties as identified above and an attached map. 5. Project Goals— Mitigate for significant tree loss over the past 5 years and diversify the community tree population to reduce the irnpact of tree losses from severe starms, EAB, Dutch elm disease, oak wilt, etc. The 2010-2011 City Tree fnventory identified a 8reat need to diversify tree species growing in open areas of public property(25°k ash). 6. Methods—Assistant City Farester will soficit bids to furnish, install, and warranty tree replacements. Trees will be pianted by the sele+cted landscape cantractor and covered by a one-year wa�anty. City Newsletter articles and website, and local cable N Channel12, will be used for publio education in this effort. 7. Persannel—Tirn Teynor, Assistant City Fo�ester, and AI Lundstrom, Parks Maintenance Supervisor/City Farester, will aversee the planting and long-term maintenance with the assisfance of the Public Works Department(e.g.,watering if necessary, proper wood mulch installation, and future structural pruning and deadwood removal as needed). 8. Maintenance and Management Plans A. City foresters will continue the existing Community Forestry Pragram that has satisfied the requiremen�s for a city to be designat�d a Tree�City USA for 24 consecutive years. This program invalves four major areas: 1. Tree Maintenance(trimming and maintaining pub(ic property trees)2. Tree Replacement(Pavement Management Program}, Parks, and other 2 public property improvements. 3. Coordinatian of tree removal, c�rrective pruning, and replacement for the annual Pavsment Management Program (street reconstruction). 4 Dutch Elm Disease, Oak Wilt,�and exotic pest(EAB)management. The 3-Year Maintenance Plan wril invotve weekiy(year 4}and biweekly(years 2&3)inspections of the trees by City foresters and Public Wvrks Main#enance staff for suffic�ent watenng, pest and disease management, pruning damaged or dead branches, mulch repiacement, and installatian of tree protection in early fall ta prevent deer-rubbing damage and frast cracking. The Goiden Valley Pubiic Tree Inventory will continue to direct foresters for where and what replacement trees wilt be planted in open space on public property(see summary beiow). B. Cantinuous designation of Golden VaAey as a Tree City U.S.A.for ove�24 years verifies that the City has a strong financial commitment to a lang-term management plan for this cammunity farestry pragram that is independent af State funding. Golden Valley exceeds the annual Tree City Forestry budget requirement of$2.00 per capita($8.99 per capita in 2011)and has a comp�ehensive tree management program with an updated City Qrdinance. The City public tree inventory has been completed far open areas af City pa�ics, public golf course, and other public praperties and has become an importartf management tool for managing the community forest. A full-time GIS Technician was hired in 2017 to help Pubiic Works staff develop and marrage the public urban forest and other natura(resources, as well as utilities. Ctty of Golden Valley Tree tnventory AN Aah Only Locatian T�$ # % City Parks", Streetsc;apes, Medians 1,745 488 28.0 Brookview Golf Course 1,584 443 28.0 City Campuses, Fire Stat+ans, Cemetery 455 40 g.g Boulevards 3,561 851 23.9 Subtotal for City Upen Areas 7,345 1,822 24,8 Nature Areas, Vacant Lots, etc. (< �% Campleted) 594 90 15.2 Tatal thraugh Deceml�r 2t�19 7,939 1912 24.1' *O�n areas of Parks were inventoried and not wooded areas. M il'Y� V f ..�E� . 41 Public Works Department 763-593-8030/763-593-3988{fax) ��.�,,�.�yr. w�.��.f,�„�w ��n��w��,a�µ ��. ��- T : ��:: �� .. . ��_ �i ��._:,�. .�� s�� Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. H. Award Contract for 2012 Bassett Creek Restoration Project No. 10-29 Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary Through its annual creek inspection program, City staff identified that significant erosion and downstream sedimentation has occurred along the Main Stem of Bassett Creek jsee attached location map). These sections of the creek include Wisconsin Avenue to 10th Avenue and Duluth Street to the Crystal/Golden Valley border. The Bassett Creek Watershed Management Commission (BCWMC) recognizes the need for improvements to Bassett Creek and has included a stream bank restoration project for these portions of the creek in its Capital Improvements Program. On September 23, 2010,the BCWMC received a feasibility report for the project prepared by Barr Engineering Company and adopted a resolution ordering the project. In addition, the resolution provided for funding in the amount of $580,200 and directed the City of Golden Valley to construct the project. In December 2010, the City Council authorized the cooperative agreement with BCWMC and the agreement with WSB & Associates, Inc. for engineering services for the project. During the design of the project, the City was approached by Colonial Acres Health Care Center, located at 5825 St. Croix Avenue, with a request to be included in the City's contract. The site has experienced significant erosion over the years. The City and Colonial Acres executed a deposit agreement and Colonial Acres submitted $100,000 in private funds for the work on its site. Bids for the 2012 Bassett Creek Restoration Project No. 10-29 were opened on May 30, 2012. The bids have been adjusted and corrected per the contract documents and are listed as follows: Rache) Contracting $607,260.00 Veit & Company, Inc. $773,368.64 Sunram Construction $894,267.00 Staff has reviewed the bids and found them to be accurate and in order. Funding far this project is as follows: BCWMC $429,954 City's 2012-2016 CIP, $150,000 Storm Sewer section (SS-20, page 75) Private Funds from $100,000 Colonial Acres Health Care Center Total $679,954 Attachments • Location map (1 pagej Recommended Actions Motion authorizing a contract with Rachel Contracting in the amount of$607,260 for the 2012 Bassett Creek Restoration Project No. 10-29. � . ... . . � i. . . . � . . �� . ..... � � N °�i / �� o — � N t . .�:.„, ` '� �y c� 1 I � o ,,� �s —.- ,, m ��_ � � �� • � � � , --� � , o , � �__ _ � � a � ;� �.� .. i � :: c � � --- - _ - -- — – ___ _ _ _ __ o - -- - I _ - g _----- „ � j� _ _____ �_`--__ ` -- ` ��o � -_ j O N I ... _._I � �`� � , �m n x. � i � c m � I ' �, � � 'o�`o� , . .. .__._ � _ � ��o _ � � o .� � � �� ' h�aoa �� ._. _... � � �� ao _ >, : °?�Q _.____.�� „ _ ., m � fn ./ � "_ .___; � ° J , _° l N any aueZ 'o : � � __ � � --- � I I I_ � � J, � , � . r � i i � �` N i ; �__ 1 .___., _-- / �- � � � O �, ___. o , T � - � t----'�___, __� r o' � i - o � � '° p � N�Q se�6nod �� Z ,�/ i --- ' � � ;_ � __ _--- -__�-- , _ �� N I i � � ___ •`-° d - � !E _ f � �'' r � ,- -�o _ _ O ,� � � Q �— � ,-.. � ;� ; �+ _ � ; _ ,= c �n / - �d i > � � '� O � � � � �+ _ � . � � �-- � � A � t� � � -(--� � 7 � --------- ° � ! I `- ----1- �'y a � � �i � � � f � o� � � $ N any�epenaN � I t � i 3 �.—_._____ .—....__.—___._____-- � O Z � ` � b U � � � : � __. _ _._____.- � Y i Q� JF_ ____ ____-- — �_! � ° ; � Rhode Island A� N N ',_ ____ ---- -- N a�b'puelsl apo42i ' m —__ __ _---- ---- ---- - - ______ ---_ N � � � � N any e�q;auwM J i � � I � %: r . _ , � : _ .. � � z N , __ __ __._ ___ , �- „ � z �� Q �� - d t � � _ _� � �, , Q o i , � � ; , L � �� i . �, , � t., � _ � __� � i - ' � _� o � � L �.. � � .___ � i >. N ny ui uoasiM ,� '.,. � � a ._. _ J � .— � , ,� �__ ___ .V �- —� � � � �i � ----1 " � g �-__ _.�, ; _- �; ��..ti N anyauoog z _ -- / �l m '.___-- I �� . fl r -� .� ,,_._-� __ ti �; i � ; � � �� . Finance Department 7G3-593-8013/763-593-8109(fax) .y .. f.±a..:�"��.,a;�� ?�a.�i�� '';��'x°�G�'a``�i,�.�� `'�.��..� ..��''�kp��'��.a��... .��P��':r;-;...�-.� �� ..� ��'.t-a�i�� . ��...,`....�.,� .,...k��,...:.: Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. I. Receipt of May 2012 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Canservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Storm Utility Fund (Enterprise Fund) General Fund Operations: As of May 2012,the City is using $4,105,976 of fund balance to balance the General Fund Budget. Attachments • May 2012 General Fund Financial Reparts - unaudited (2 pages) • May 2012 Conservation/Recycling Fund Financial Report - unaudited (1 page) • May 2012 Water and Sewer Utility Fund Financial Report - unaudited (1 page) • May 2012 Brookview Goff Course Fund Financia! Report - unaudited (1 page) • May 2012 Storm Utility Fund Financial Report- unaudited (1 page) Recommended Action Motion to receive and file the May 2012 Financia) Reports. City of Golden Valley Monthly Budget Report- General Fund Revenues May, 2012 (unaudited) Percentage Of Year Completed 42.00% Over % 2012 May YTD (Under) of Budget Type Budget Actual Actual Budgef Received Ad Valorem Taxes $11,702,050 0 9,580 ($11,692,470) 0.08% (1) Licenses 173,800 78,370 162,473 ($11,327) 93.48% Permits 628,070 78,319 366,678 ($261,392) 58.38% Federal Grants 0 0 5,761 $5,761 State Aid 10,500 2,692 2,692 ($7,808) 25.64% (4) Mennepin County Aid 0 0 0 $0 Charges For Services: General Government 43,550 1,934 12,346 ($31,204) 28.35% Public Safety 181,745 29,983 85,876 ($95,869) 47.25% Public Works 125,000 14,003 54,735 ($70,265) 43.79% Park& Rec 395,350 74,976 223,774 ($171,576) 56.60% Other Funds 1,001,500 9,712 20,087 ($981,413) 2.01% Fines & Forfeitures 260,000 26,044 122,510 ($137,490) 47.12% (2) Interest On Investments 110,000 0 675 ($109,325) 0.61% (3) Miscellaneous Revenue 182,700 1,594 17,329 ($165,371) 9.48% Transfers In 86,810 0 0 ($86,810) 0.00% TOTAL Revenue $14,901,075 $317,627 $1,08�1,516 ($13,816,559) 7.28% Notes: (1) The first half taxes will be received in July. 1st payment from Humane Society. (2) Fines and Forfeitures is through March. (3) Investments will be booked at year end; Cart Lease interest (4) State Training wiil be received in August. City of Golden Valley Monthly Budget Report-Generai Fund Expenditures May, 2012 (unaudited) Over % 2012 May YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 00� Council $287,755 26,039 143,716 ($144,039) 49.94% 003 City Manager 697,925 59,452 259,326 (438,599) 37.16% ooa Transfers Out 294,710 0 0 (294,710) 0.00% (1) 005 Admin. Services 1,572,160 113,559 527,980 (1,044,180) 33.58% 006 Legal 120,000 15,953 48,765 (71,235) 40.64% (2) 007 Risk Management 290,000 133,161 159,963 (130,037) 55.16°/4 o�� General Gov't. Bidgs. 570,855 39,997 180,157 (390,698) 31.56% 016 Planning 317,035 25,408 118,918 (198,117) 37.51% o2z Police 4,701,500 361,866 1,775,267 (2,926,233) 37.76% 023 Fire and Inspections 1,554,480 135,159 617,558 (936,922) 39.73% 035 PublicWorksAdmin. 315,365 27,562 121,149 (194,216) 38.42% 036 Engineering 663,425 33,981 117,630 (545,795) 17.73% 03� Streets 1,386,530 84,588 429,242 (957,288) 30.96% os5 Community Center 75,355 3,553 21,723 (53,632) 28.83% oss Park & Rec.Admin. 646,275 50,698 239,230 (407,045) 37.02% os� Park Maintenance 996,780 78,424 338,998 (657,782) 34.01% oss Recreation Programs 410,925 26,377 90,870 (320,055) 22.11% TOTAL Expenditures $14,901,075 $1,215,777 $5,190,492 ($9,710,583) 34.83% (1) Transfers are made in June. (2) Legal fees are through April. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund May 2012 (unaudited) Over 2012 May YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00% Recycling Charges 276,000 23,709 92,792 (183,208) 33.62% (3) Miscellaneous Revenues 0 217 217 217 Interest on Investments 5,000 0 0 (5,Q00) 0.00% (1) Total Revenue 332,425 23,9Z6 93,009 (239,416) 27.98% Expenses: Recycling 453,605 68,818 108,196 (345,409) 23.85% (2j Total Expenses 453,605 68,818 108,196 (345,409) 23.85% (1) Interest Earnings are allocated at year-end. (2) This includes through April services as of YTD. (3) Recyding Charges are through May 2012 (City Utility Bill). City of Galden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund May,2012 (unaudited) Over 2012 May YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,022,955 302,171 1,084,318 (2,938,637) 26.95% Sewer Charges 3,236,245 272,959 1,115,782 (2,120,463) 34.4&% Meter Sales 5,000 31p 1,195 (3,805) 23.90% MCES Grant Program 0 0 0 0 Penaities 120,000 10,965 46,459 (73,541) 38.72% Charges for Other Services 220,000 8,445 25,129 (194,871) 11.42% State Water Testing Fee Pass Through 43,000 3,985 15,616 (27,384) 36.32% Certificate of Compliance 60,000 9,650 30,050 (29,950) 50.08% Interest Earnings 65,000 0 Q (65,000) 0.00% Total Revenue 7,772,200 608,485 2,318,549 (5,453,651) 29.83% Expenses: Utility Administration 1,913,620 231,144 442,410 (1,471,210) 23.12% Sewer Maintenance 2,441,390 38,521 974,429 (1,466,961) 39.91% Water Maintenance 4,098,800 272,644 1,419,427 (2,679,373) 34.63% Total Expenses 8,453,810 542,309 2,836,266 (5,617,544) 33.55% City of Golden Valley Monthly Budget Report- Brookview Golf Course Enterprise Fund(3) May, 2012 (unaudited) Over 2012 May YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 879,100 142,863 270,659 (608,441) 30.79% Driving Range Fees 107,700 19,857 43,229 (64,471) 40.14% Par 3 Fees 195,150 25,526 43,975 (151,175) 22.53% Pro Shop Sales 82,000 11,190 25,387 (56,613) 30.96% Pro Shop Rentals 235,200 32,417 61,502 (173,698) 26.15% Concession Sales 218,200 32,276 59,398 (158,802) 27.22% Other Revenue 69,000 6,722 60,581 (8,419) 87.80% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (38,000) (1,769) (2,126) 35,874 5.59% (4) Total Revenue 1,763,350 269,082 562,605 (1,200,745) 31.91% Expenses: Golf Operations 649,565 38,702 194,478 (455,087) 29.94% (2) Course Maintenance 721,620 90,751 248,711 (472,909) 34.47% Pr'0 ShOp 111,600 10,723 61,710 (49,890) 55.30% Grill 176,190 28,877 63,810 (112,380) 36.22% Driving Range 44,320 5,563 11,605 (32,715) 26.18% Par 3 Course 29,730 2,865 5,303 (24,427) 17.84% Total Expenses 1,733,025 177,481 585,617 (1,147,408) 33.79% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Course opened on March 16. (4) Credit card fees are through April. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund May, 2012(unaudited) Over 2012 May YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 40,000 0 0 (40,000) 0.00% (1) Storm Sewer Charges 2,228,920 191,974 891,922 (1,336,998) 40.02°fo Bassett Creek Watershed 1,080,200 0 0 (1,080,200) 0.00% State Grant-Other 0 5,343 18,615 18,615 (3) Total Revenue 3,349,120 197,317 910,537 (2,438,583) 27.19% Expenses: Storm Utility 2,777,630 68,271 259,519 (2,518,111) 9.34% (2) Street Cleaning 121,780 1,220 59,649 (62,131) 48.98% Environmental Control 240,050 14,015 73,940 (166,110) 30.80% Debt Service Payments 435,125 0 372,976 (62,149) 85.72% Total Expenses 3,574,585 83,506 766,084 (2,808,501) 21.43% (1) interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2011 PMP is not complete. (3) Project Reimbursement t"Z��' t�� „p� .� r, City Administration/Cauncil 763-593-3989/763-593-8109(faxj Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. 1. Establishing a Human Rights Commission Task Force and Appointing Members Prepared By Chantell Knauss, Assistant City Manager Summary Based on Council discussions at previous Council/Manager meetings, Council indicated a desire to establish a Task Force to bring forth recommendations regarding the Human Rights Commission. Staff solicited applications and received a response from 19 interested community members, The applications were reviewed by the City Council. The Council expressed an interest in appointing all 19 applicants to the Task Force. Attachments • Resolution Establishing a Human Rights Commission Task Force and Appointing Members (2 pages) Recommended Action Motion to approve Resolution Establishing a Human Rights Commission Task Force and Appointing Members. Resolution 12-48 June 19, 2012 Member introduced the following resolution and moved its adaption: RESOLUTION ESTABLISHING A HUMAN RIGHTS COMMISSION TASK FORCE AND APPOINTING MEMBERS WHEREAS, the City Council of the City of Golden Valley through community dialogue seeks to assess the need for and scope of a City Human Rights Commissian; and WHEREAS, the City Council would like the benefit of a recommendation on this issue by a group of community members who would serve as an advisary board to the City Council; and WHEREAS, the City Council believes this advisory group should be a Task Force; and WHEREAS, the City Cauncil hereby desires to establish this Task Force and its mission and responsibilities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that a Human Rights Commission Task Force is hereby established with the following mission and responsibilities, membership, meeting and reporting requirements: I. MISSION AND RESPONSIBILITIES The Task Force shall: A. Review duties and responsibilities of the Minnesota State and City of Golden Valley Human Rights Commissions and their histories. B. Make a recommendation to the City Council as to the best way(s) to foster inclusiveness and cultural awareness for the City of Golden Valley and whether or not the best way(s) involve a City Human Rights Commission. C. If it is recommended that a City Human Rights Commission is needed, establish the Commission's mission and responsibilities and how it should be organized (e.g. as a Commission or informally, with interested volunteers coordinating events and activities.) II. MEMBERSHIP A. Membership shall consist of the following persons: • Scott Charlesworth-Seiler • Bill Devins • Hitmer Erickson • William Flanary • Mickey Greenberg Resolution 12-48 - Continued June 19, 2012 • Christopher Jardan • Dwayne King • Alicia Kopp • Peggy Leppik • Deanna Mazone • Denise Mazone • Michael Meyer • Bernie Milstein • Jeffrey Prottas • Jorge Saavedra • Steve Schulz • Sharon Soike • Sam Weisberg • Carrie Wright III. MEETINGS AND TIME FRAME A. The Task Foree shall complete their charge prior to October 31, 2012. B. A professional Facilitator shall be engaged to conduct the meetings. C. Meeting dates shall be determined by the Facilitator. D. No more than three (3) meetings shall be held. E. All meetings shall be open to the public and subject to the requirements af the State Open Meeting Law. IV. REPORTING A. Minutes and attendance shall be kept of all meetings. B. A recommendation shall be due to the City Council following the final meeting. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �� ,�°� � �� a�. � City Administration/Council �� - - - - 763 593 3991 /763 593 8709(fax) -"""".-.x-re�. .z.3._�s.h:P.�:'�..:��,�.'*��.a:a�:�,.�"�., >�F�.�..s�:"' .,�:�,.:.� P��:��'�_�...=�-�m�;s�+�4,*,,�N��+�.� _;-..x-�i -'.;.:..�� .�,��e-.s� ., _.... . � �.,.v�: Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. K. Approval of Requests for Beer and/or Wine at Brookview Park Prepared By Judy Nally, Administrative Assistant Summary As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council." As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $20 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachments • Beer and/or wine request list (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST CC INDIVIDUAL OR DATE ORGANIZATION DATE TIME SHELTER APPROVED Amanda Brummel 06-22 5pm — 10 pm small 06-19-12 Steve Koehler 06-23 •5 pm — 10 pm small 06-19-12 OGI 06-26 5 pm — 10 pm large 06-19-12 Allianz 06-28 11 am —4 pm large 06-19-12 Tsulien Xiong Q7-07 11 am — 10 pm small 06-19-12 United Health Group 07-11 11 am —4 pm large 06-19-12 LPS 07-12 11 am — 10 pm large 06-19-1� Sarah Gasparini 07-15 11 am —4 pm small 06-19-12 Jennifer Braun 07-17 5 pm — 10 pm large 06-19-12 OSI 07-17 11 am — 10 pm large 06-19-12 Epicor 07-19 11 am —4 pm large 06-19-12 Nigel Issac 07-20 5 pm — 10 pm small 06-19-12 Epicor 07-20 11 am —4 pm small 06-19-12 Nataly Huerta 07-21 5 pm — 10 pm small 06-19-12 Dan Koosmann 07-28 5 pm — 10 pm large 06-19-12 IQOR 08-03 11 am —4 pm large 06-19-12 Eide Realty 08-09 11 am — 10 pm large 06-19-12 Greg Doll 08-11 11 am —4 pm small 06-19-12 Dow Jones 08-16 11 am —4 pm small 06-19-12 HK Connection 08-18 5 pm — 10 pm small 06-19-12 Eye Care Associates 08-21 5 pm — 10 pm large 06-19-12 Allianz 08-22 11 am —4 pm large 06-19-12 Inscape Publishing 08-23 5 pm — 10 pm small 06-19-12 Therese Ettel 08-25 11 am —4 pm small 06-19-12 �°l��' �1�p Park and Recreation Department 763-512-2345/763-512-2344(fax) .. .. .;�� ........... .... ° �~�-. ��a�tic�h.: " .. �.�;.r.. .. ...::.. . ,,��` �� .:n��. :m Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 3. L. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in the Park Series Prepared By Rick Jacobson, Director of Park and Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. The Golden Valley Federated Women's Club has donated $800 for the Concerts in the Park Series. Attachments • Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in the Park Series (1 page) Recommended Action Motion to adopt the Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in the Park Series. Resolution 12-49 June 19, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $800 from Golden Valley Federated Women's Club for Concert in the Park Series Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �1��1 '�� Public Works Department 763-593-8030/763-593-3988(fax) �� '�;€:��'�N��'�I��," �t�(�nl �A,...�....�.�s�"�I�M�k�"?W�`�i�ii�Uilll�ui91�`''�n'�(��'.=�. ,:,i?��; =". . . :zr�'�!I' a�,.�.`-. �T�i' . . . . Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 4. A. Public Hearing- MS4 General Permit, Storm Water Pollution Prevention Program, 2011 Annual Report to the Minnesota Pollution Control Agency Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver P.E., City Engineer Eric Eckman, Public Works Specialist Summary As authorized by the Clean Water Act of 1972 and its amendments, the U.S. Environmental Protection Agency (EPA) oversees the National Pollutant Discharge Elimination System permitting program which regulates point sources and non-point sources of potlution into our nation's waterways. Point sources include pipes and ditches, and non-point sources include overland precipitation runoff. The Minnesota Pollution Control Agency (MPCA) manages the permitting program for EPA in Minnesota. Cities like Golden Valley and other public entities which operate their own storm sewer systems are required to obtain a Municipal Separate Starm Sewer System (MS4) General Permit from MPCA. The permit allows Golden Valley to discharge stormwater into public waters. It also requires that the City develop and implement a Stormwater Pollution Prevention Pragram to reduce the contamination of stormwater runoff and prohibit illicit discharges. The Phase II NPDES permit program was implemented by EPA in 1999 and required cities with populations under 100,000 to obtain a permit to discharge stormwater. Golden Valley applied for its MS4 permit from MPCA on March 10, 2003. The permit was updated in 2006 and is set to expire in 2012 when the permit is reissued by MPCA. The permits generally run on a 5-year cycle. The permit addresses haw the City regulates and improves its stormwater discharges, and includes a Storm Water Pollution Prevention Program (SWPPP) which serves to minimize the discharge of pollutants and protect and enhance water quality. Golden Valiey's SWPPP addresses the six minimum control measures outlined in the M54 permit requirements. Many of the Best Management Practices required in the permit were already developed by the City in accordance with its Surface Water Management Ptan. The six minimum control measures of the permit are: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge, Detection and Elimination 4. Construction Site Runoff Control 5. Post Construction Runoff Control 6. Pollution Prevention and Good Housekeeping An annua! public hearing and preparation of a report is a requirement of the MS4 permit. The hearing has been advertised for June 19, 2012 at 7 pm. The City must create a record of the public comments received, either written or oral. The public input must be considered and a record of decision must be added to the annual report to MPCA. Attaehments • Minimum Control Measure Summary (5 pages) • Resalution Issuing a Negative Declaration of Need far Revisions to the Storm Water Pallution Prevention Program (1 page) Recommendation Motion to adopt Resolution Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution Prevention Program. Minimum Control Measure Summarv This section summarizes the existing and planned Best Management Practices (BMP) selected by the City of Golden Valley. 1. Public Education and Outreach (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Responsible Impiement I.D.# BMP Description BMP BMP Manaqer Date 1.A.1 Develop a Storm Water Communications X Communication Active Plan Coordinator 1.A.2 Website-Water Resource Education and X Communieation qctive Information Coordinator 1.A.3 Water Resource Educational Materials X Communication Active Coordinator 1.A.4 New Resident Packe#s �( Communication Active Coordinator 1.A.5 Local Cable TV Scroll Education X Communication Active Coordinator 1.A.6 Gity Newsletter X Communication Active Coordinator Public Works 2.6 Conduct Annual Public Meeting X Specialist Active 2.D.1 Volunteer Storm Drain Stenciling Program X Public Works Active Specialist 2.D.2 Adopt a Storm Drain Program �( Public Works Active Specialist PubliC Works 3.D Inform Public of Hazards Associated with X Specialist, Active Itlicit Discharges Chief of Fire& Ins ections 6.A.1 Park Maintenance Staff Trainin �( Park Maintenance Active 9 Supervisor StreeWehicle 6.A.2 Vehicle Maintenance Staff Training X Maintenance Active � � Su ervisor New Construction and Land Disturbance Public Works 6.A.3 Maintenance Staff Training X MMana er e Active utilities 6.A.4 Storm Sewer Maintenance Staff Training X Maintenance Active Su ervisor - � 1 2. Public Involvement and Participation (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Responsible Implement I.D.# BMP Description BMP BMP Manaaer Date 2.A Public Notice Requirements for SWPPP X PubliC Works Active Specialist 2.B Conduct Annual Public Meetin �( Public Works Active g Specialist 2.0 Consider Public Input Regarding SWPPP X Public Works Active Specialist 2.D.1 Volunteer Storm Drain Stenciling Program X Public Works ACtiVB Specialist 2.D.2 Adopt a Storm Drain Program �( Public Works Active Specialist 2.D.3 BCWMC Public Meetings �( Public Works Active Specialist 2.D.4 Environmental Commission �( PubliC Works Active Specialist 3. Illicit Discharge, Detection and Elimination (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Responsible Implement I.D.# BMP Description BMP BMP Manaaer Date 3.A.1 Storm Sewer System Map X City Engineer Active 3.A.2 Bassett Creek Inventory (outfalls, culverts, X Public Works Active significant erosion sites and obstructions) speciaiist Public Warks 3 � Develop Regulatory Mechanisms X Specialist, Active Prohibiting Non-Storm Water Discharges Chief of Fire& Ins ections 3.C.1 Program to Detect and Address Illicit X Chief of Fire& Active Connections Inspections 3.C.2 Program to Detect and Address Illegal X PubliC Works Active Dumpillg Specialist Public Works 3.D �nform Public of Hazards Associated with x Specialisf, Active Illicit Discharges Chief of Fire& Ins ections 2 4. Construction Site Runoff Control (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Responsible Implement I.D.# BMP Description BMP BMP Manaper Date 4.A.B Review and Revise Existing Grading, X Public Works Active Drainage, and Erosion Gantrol Ordinance speciaiist PW Project 4.0 Constructian Site Waste Disposal and X Coordinator, Active Debris Storage Chief of Fire& Ins ections 4.D Procedure for Site Plan Review Process X Planning Director Active Public Works 4.E Procedure for Non-Gompliance Complaints X Specialist, Active 8nd Repofts Chief of Fire& Ins ections 4.F Procedure for Site Inspection and X Public Works Active Enforcement speciaiist 4.A.6 Grading, Drainage and Erosion Control X Public Works Active Brochure Specialist 5. Post Construction Runoff Control (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Responsible Implement I.D.# BMP Description BMP BMP Manaqer Date 5.A Watershed BMP Requirements for X City Engineer Active Improvement and Development Proposals 5.6.1 Watershed Regulatory Mechanisms for X PubliC Works Active Post-ConstruCtion Runoff speciaiist 5.6.2 Ordinance Limitin the Use of Phos horus X Public Works Active g p Specialist Tree Preservation Ordinance �( Public Works Active 5.6.3 Specialist Public Works 5.0 BMP Maintenance Agreements X speciaiist Active 3 6. Pollution Prevention and Good Housekeeping (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Responsible Imptement I.D.# BMP Descriution BMP BMP Manaqer Date Parks&Golf 6.A.1 Park/Golf Maintenance Staff Training X Maintenance Active Su ervisor StreeWehicle 6.A.2 Vehicle Maintenance Staff Training X Maintenance Active Su ervisor New Construction and Land Disturbance Public Works 6.A.3 Maintenance Staff Trainin X Maintenance Active g Mana er Utilifies 6.A.4 Storm Sewer Maintenance Staff Training X Maintenance Active su ervisor StresWehicle 6.B.1A Automobile Maintenance Program X Maintenance Active Su ervisor StreeWehicle 6.6.16 Parking Lot and Street Cleaning X Maintenance Active su ervisor Utilities 6.B.1C Storm Drain System Cleaning X Maintenance Active Su enrisor 6.6.1 D Hazardous Materials Management �( Chief of Fire 8� Active Inspections Public Works 6.6.1 E Road Salt Storage and Handling X Maintenance Active Mana er Vehicle 6.B.1F Used Oil Recycling X Maintenance Aetive Foreman 6.6.1 G Develop a Spill Response Plan X Chief of Fire& Active Inspections Inspect Annually All Structural Pollution PubliC Works s'6.2 COntr0ls X Maintenance ACtiVe Mana er 6.B.3 �nspect Annually 20% of Outfalls, Basins, X City Engineer Active Ponds Exposed Stockpile, Storage and Material Public Works 6.B.4 Handlin Areas X Maintenance Active g Mana er 6.6.5 �etermine Need for Repair of Outfalls, X City Engineer Active Basins, Ponds 6.B.6 Inspection Annual Report X City Engineer Active 6 B� Establish Record Keeping System to Track X Public Works qctive ACtivlties Specialist 1.A.1 Develop a Storm Water Communications communication Plan X Coordinator Active 1.A,2 Website-Water Resource Education and � Communication Active Information Coordinator 1.A.3 Water Resource Educational Materials X Communication Active Coordinator 4 7. Additional BMPs (BOLD I.D#S—Minimum Permit Requirements) Existing Planned Respansible Implement I.D.# BMP Qescription BMP BMP Manaper Date IX.A Discharge Affecting Source Water X Public Works qctive Protection Areas speciaiist IV.D Impaired Waters Review Process � Public Works 2009 Specialist 5 Resolution 12-50 June 19, 2012 Member introduced the following resolution and moved its adoption: RESOLUTIQN ISSUING A NEGATIVE DECLARATION OF NEED FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PROGRAM WHEREAS, the City prepared and submitted to the Minnesata Pallution Control Agency (MPCA) its permit application for operation of the City's Municipal Separate Storm Sewer (MS4) on March 1 Q, 2003; and WHEREAS, the permit required that the City develop a plan for regulating and improving stormwater discharge commonly referred to as the Storm Water Pollution Prevention Program (SWPPP); and � WHEREAS, staff has been working to meet the objectives set forth in the SWPPP and is required to report to the MPCA on the status of the program's implementation on an annual basis; and WHEREAS, the City has placed notification of a public hearing in the City's official newspaper and has held a public hearing to report on progress made in implementation of the SWPPP and to take public testimony; and WHEREAS, camments made during the public hearing will be incorporated into the City Council record. NOW, THEREFORE, BE IT RESO�VED, the City of Golden Valley has determined that no revisions to the Storm Water Pollution Prevention Program are required and staff is hereby directed to file the annual report with the Minnesota Follution Control Agency. Shepard M. Harris, Mayar ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. �=1�y �� Police Department 763-593-8079/763-593-8098(fax} � �� <_-.._ .,: �... ..,:: }..��.,_.��._°�`��. �� °� �� ° �� Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 6. A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License Renewals Prepared By Stacy A. Carlson, Chief of Police Jim Roberts, Sergeant Summary The following establishments have applied for renewal of their liquor licenses for the 2012-2013 license term. The applicants meet City Code and State requirements for the renewal of their licenses. Club On-Sale and Sundav Sale Golden Valley VFW Post#7051 On-Sale and Sunday Sale Chipotle Mexican Grill/Colorado LLC d/b/a Chipotle Mexican Grill Recommended Action Motion to approve the renewal of the respective liquor licenses for the applicants listed above for the 2012-2013 (icense term. �:1��1 �� .�s` Planning Department 763-593-8095/763-593-8109(fax) �� .��:��. ��,��:��:3.: ��r�°��s.�..-.m.�� °��_..... . .. ....� � �..�- Executive Summary For Action Golden Valley City Council Meeting June 19, 2012 Agenda Item 6. B. Authorization to Sign Resolution of Support of the Bottineau Transitway Locally Preferred Alternative (LPA) Prepared By Joe Hogeboom, City Planner Summary The Hennepin County Regional Railroad Authority (HCRRA) requests that the City authorize a resolution of support for the Locally Preferred Alternative (LPA) alignment of the Bottineau Transitway. The LPA that is proposed is B-C-D1, starting in Brooklyn Park to the north and ending in dawntown Minneapolis to the south. The alignment crossed through Golden Valley along the Burlington Northern Santa Fe Railroad Corridor, which is adjacent to the Mary Hills Nature Area and Theodore Wirth Regional Park. Attached is a resolution that includes suggested language from Hennepin County, as well as from City Council Members. The County requests that the City adopt this resolution at its June 19 meeting so that the Hennepin County Regional Railroad Authority may vote to select the LPA at its June 26 meeting. 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Qe�C �o��O ... --�r�- c IF� BottineauTransitway � DRAFf ENVIRONMENfAL IMPACf STATEMEM Resolution 12�51 June 19, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION OF SUPPORT OF THE BOTTINEAU TRANSITWAY LOCALLY PREFERRED ALTERNATIVE (LPA) WHEREAS, the Bottineau Transitway is a proposed project to provide transit service which will satisiy long-term regional mobility and accessibility needs for businesses and the traveling public in the heavily traveled northwest area of the Twin Cities, and; WHEREAS, the Bottineau Transifinray is located in Hennepin County, Minnesota, extending approximately 13 miles from downtown Minneapolis to the northwest serving north Minneapolis and the suburbs of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Park, Maple Grove, and Osseo, and; WHEREAS, while the Bottineau Transitway would provide transit service for residents and businesses in the cities of New Hope, Ossea, and Maple Grove; the preferred alignment identified by the PAC does not run directly through these three cities, and; WHEREAS, the HCRRA in partnership with the Metropolitan Council and other project stakeholders recently completed the Bottineau Transitway Alternatives Analysis Study that in addition to the No Build and Transportation System Management (TSM) alternatives; recommended four Light Rail Transit (LRT) Alternatives and one Bus Rapid Transit (BRT) Alternative be advanced for further study in the federal and state environmental review processes, and; WHEREAS, the Federal Transit Administration (FTA), the Hennepin County Regional Railroad Authority (HCRRA) and the Metropolitan Council have initiated both federal and state environmental review for the Bottineau Transitway project, and; WHEREAS, federal funding will be pursued for this project from the FTA, which has consequently been designated as the lead federal agency for this project, and; WHEREAS, the Bottineau Transitway recently completed the Scoping Phase of environmental process, and; WHEREAS, through the Scoping process, the PAC recommended further study of the No Build and TSM alternatives along with further study of faur LRT alternatives (A-C- D1, A-C-D2, B-C-D1, B-C-D2) in the Draft Environmental Impact Statement (Draft EIS), and; WHEREAS, through the Scoping process, the PAC recommended no further study of the BRT alternative, and; WHEREAS, on May 8, 2012 the HCRRA adopted (Resolution No. 12-HCRRA-OQ28) the recommendations of the PAC regarding the alternatives to be further evaluated in the Bottineau Transitway Draft EIS, and; Resolution 12-51 - Continued June 19, 2012 WHEREAS, the identification of an LPA is a critical step in pursuing federal funding far the Bottineau Transitway, and; WHEREAS, the LPA includes the definition of the Bottineau Transitway mode and alignment, and; WHEREAS, the adoption of the LPA and amendment of it into the region's long- range transportation plan, the Transportation Policy Plan, concludes the Federal Transit Administration (FTA) Alternatives Analysis (AA) process, and; WHEREAS, the LPA will be one of the build alternatives identified and studied in the Draft EIS, and; WHEREAS, the LPA selection process does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided ar mitigated under the federal and state environmental review process, and; WHEREAS, the four LRT alternatives to be studied in the Draft EIS were further considered with respect to defined project goals, objectives and evaluating criteria set forth in the AA study and further refined during the Scoping Phase of the federal and state environmental analyses, and; WHEREAS, the ARCC and the CAC have provided input into the selection of an � LPA, and; WHEREAS, the ARCC, in a technical advisory role to the PAC, provided the following input: • Affirm the ARCC's April 2012 input to the PAC during the scoping decision process advising that study of the BRT alternative should stop, BRT should not be considered for the LPA, and advising the PAC to select LRT as the locally preferred mode for the Bottineau Transitway. • Select Alignment D1 (BNSF near Theodore Wirth Park) as the preferred route for the southern end of the Bottineau Transitway, and that Hennepin County, Metropolitan Council, and the City of Minneapolis should work together to develop and deliver separate transit, livability and economic development investments to north Minneapolis neighborhoods as soon as possible. • The ARCC concluded that the technical justification for the A and B alignment is different, but balanced. The ARCC advises the PAC to consider the five project needs in their policy decision on the preferred alignment. The ARCC also recommends Hennepin County, Metropolitan Council, Maple Grove and/or Brooklyn Park work together in the future to consider separate/additional transit (bus) service and/or related capital investments to the "non-LRT" branch that integrate with the regional transit system (separate from the Bottineau project). WHEREAS, the Bottineau Transitway PAC held a public hearing as part of the LPA selection process. Eighty-five (85) participants attended the hearing, with twenty-two (22) individuals providing verbal testimony. A total of thirty-seven (37) written comments were also received from February 26 through May 17, 2012, and; Resolution 12-51 - Continued June 19, 2012 WHEREAS, the Bottineau Transitway PAC took into consideration the technical information on each of the alternatives developed to date, along with the ARCC, Community Advisory Committee (CAC) and public input provided as part of the LPA public hearing and comment process and passed a resolution on the recommended LPA on May 30,2012; defined as LRT Alternative B-C-D1, and; NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley supports the LPA recommendation of the PAC, and identifies LRT Alternative B-C-D1 as the Locally Preferred Alternative for the Bottineau Transitway project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Golden Valley commits to working with the Hennepin County Regional Railroad Authority and the Metrapolitan Council to address the following for the Bottineau Transitway: 1. Address long-term construction and maintenance needs at the intersection of Golden Valley Road and the Burlington Northern Santa Fe (BNSF) Railroad Corridor. 2. Further assess more detailed data related to noise and vibration along the carridor. 3. Further assess the need for and location of possible noise and retaining walls within the corridor. 4. Pursue opporkunities for a Hennepin County Community Works project within or around the D-1 alignment. 5. Further assess the negative impacts to properties along the eorridor and look for ways for the County and the Metropolitan Council to address those impacts. 6. Pursue funding opportunities for improvements to homes adjacent to the corridor for the purpose of mitigating negative impacts. 7. Further evaluate parking options and passenger drop-off access at the proposed Golden Valley Road station location. 8. Work collaboratively with the Minneapolis Park Board to ensure that the negatiue impacts to Theodore Wirth Regional Park, and surrounding parklands, are minimal and that natural areas are maintained in their current condition to the largest extent possible. BE IT FURTHER RESOLVED that this resolution adopted by the City of Golden Valley be forwarded to HCRRA and the Metropolitan Council for their consideration. Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resotution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk.