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11-04-15 CC Agenda Packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber November 4, 2015 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance C. Presentation - 2015 George Warren Fuller Award to Bert Tracy, Public Works 3 Maintenance Manager, by Minnesota Section of American Water Works Association 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 1. City Council Meeting - October 20, 2015 4-7 2. Special City Council Meeting - October 26, 2015 8-9 B. Approval of City Check Register 10 C. Minutes of Boards and Commissions: 1. Planning Commission - September 28, 2015 11-20 2. Board of Zoning Appeals - September 29, 2015 21-25 3. Human Rights Commission - September 29, 2015 26-28 4. Bassett Creek Watershed Management Commission - September 17, 2015 29-37 D. Bids and Quotes: 1. Award Douglas Drive Power Service Conversion Contract No. 10-04 38 E. Master SAC Deferral Agreement 39-50 F. Receipt of September 2015 Financial Reports 51-59 G. Authorization to Sign Funding Agreement with Minneapolis for the Toward Zero 60-76 Deaths Grant Program 4. PUBLIC HEARINGS 7 PM 6. NEW BUSINESS A. Boone Avenue Convenience Center PUD No. 110, Amendment No. 1 - 600 Boone Avenue North - Linn Investment Properties, LLC, Applicant 77-89 B. Liberty Crossing PUD No. 123, Minor PUD Amendment - 7751-7775 Medicine Lake 90-118 Road, 2430 and 2480 Winnetka Avenue North, 2485 Rhode Island Avenue North - Intuitive Investment Partnership, Applicant C. METRO Blue Line Update 119-122 D. Affirming City Position Regarding METRO Blue Line Extension 15-85 123-128 6. NEW BUSINESS - continued E. First Consideration and Second Consideration - Ordinance #582 - Amending Section 129-133 12.50: Minor Subdivisions and Consolidations regarding Conditions for Approval or Denial F. Authorize Agreements for Wayzata Boulevard Bikeway Feasibility Study 15-86 134-148 G. Resolution of Appreciation for the City of Robbinsdale from the Joint Water 149-150 Commission 15-87 H. Announcements of Meetings I. Mayor and Council Communications 7. ADJOURNMENT city of golden11NvaiieyCity Administration/CouncilCouncil 763-593-8003/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 1. C. Presentation of the 2015 George Warren Fuller Award to Bert Tracy, Public Works Maintenance Manager, by the Minnesota Section of the American Water Works Association Prepared By Timothy Cruikshank, City Manager Summary Bert Tracy, Public Works Maintenance Manager for the City of Golden Valley, is the 2015 recipient of the prestigious American Water Works Association (AWWA) - Minnesota Section's George Warren Fuller Award. The Award is presented at the Section's Annual Conference to one member for their distinguished service to the water supply field in commemoration of the sound engineering skill, the brilliant diplomatic talent and the constructive leadership which characterized the life of George Warren Fuller. Each year, the Fuller Award Committee of the Minnesota Section upon reviewing the eligible candidates, determines if any member of the section has provided outstanding leadership or has made a significant contribution toward the advancement of the water works practice within the Association and/or the section such that he/she should receive the award. It is emphasized that the qualifications for the award specify that the services of the candidate must have been over and above those expected of officers and committee members in fulfilling the obligations or duties assigned to them. It is emphasized that the performance of a nominee must be exceptional and extraordinary. Mr. Tracy has provided over 35 years of excellent service to the water industry and made positive contributions to five different Utilities in the Twin Cities area. He is a long-time, active member of AWWA serving on a number of committees, and on the Section Board as a District Trustee, and Section Chair and is actively involved throughout the public works industry. Bert continues to make a positive difference through his activities as a coach, mentor and volunteer. Action Requested Jim Sadler, Chair of the AWWA Minnesota Section, and Carol Blommel Johnson of the AWWA Awards Committee, will be on hand to present the award to Mr. Tracy. city of UNOFFICIAL MINUTES goldenCITY COUNCIL MEETING valley GOLDEN VALLEY, MINNESOTA October 20, 2015 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Roll Call Present: Mayor Harris, Council Members Clausen, Fonnest, Schmidgall and Snope. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk Luedke. 1B. Pledge of Allegiance 1C. Introduction of 2015-2016 Teen Committee Recreation Supervisors Anderson and Erickson introduced the 2015-2016 members of the Teen Committee which included: Noah Baker, Stella Haberman, Jack Knudson, Hannah Segelbaum, Sarah Carlson, Shivani Nookala, Olivia Behn, and Sam Buttress. Council thanked the Teen Committee and the Park and Recreation staff for their service. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to amend the agenda of October 20, 2015, as revised: removal of Item 6A-Boone Avenue Convenience Center PUD No. 110 and to bring the item back to a future Council Meeting and the motion carried. MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the amended agenda of October 20, 2015, and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Snope to approve the consent agenda of October 20, 2015, as revised: removal of Items 3F-Approval of Plat and Authorization to Sign PUD Permit and Development Agreement for Cornerstone Creek, 3G-Approval of Administrative Hearing Officers and the Professional Service Agreement, and 3H-Authorization to sign the amended Community Service Officer Agreement with Breck School for 2015-2016 and the motion carried. 3A. Approve Minutes of the City Council Meeting - October 6, 2015 3B1. Approve City Check Register and authorize the payments of the bills as submitted. 3B2. Approve Housing and Redevelopment Authority Check Register and authorize the payments of the bills as submitted. 3C. Accept for filing the Minutes of Boards and Commissions as follows: 1 . Human Rights Commission - September 14, 2015 2. Bassett Creek Watershed Management Commission - August 20, 2015 3D. Award Contract for the 2015 Bassett Creek Restoration Project, City Project No. 13- 25, to the lowest responsible bidder, Rachel Contracting, Inc., in the amount of $765,736.20. 3E. Adopt Resolution 15-82, authorizing Submittal of Application for Hennepin Youth Sports Program Grant. as Approval of Plat and authorization to sign the PUD Permit and Development Agreement for Cornerstone Creek PUD No. 124. Unofficial City Council Minutes -2- October 20, 2015 3. APPROVAL OF CONSENT AGENDA - continued 3-G, Approval of Administrative Hearing Officers Appointments and Professional Service Agreement. . id Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2015 2016. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3F. Approve Plat and Authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for Cornerstone Creek PUD No. 124. Planning Manager Zimmerman reviewed changes to the staff report. MOTION made by Council Member Fonnest, seconded by Council Member Snope to adopt Resolution 15-83, approval of the Plat for Cornerstone Creek PUD No. 124 and authorizing the Mayor and City Manager to sign the PUD Permit and Development Agreement for Cornerstone Creek PUD No. 124 upon a vote being taken the following voted in favor of: Harris, Fonnest, Snope, Clausen and Harris and the following voted against: none and the motion carried. 3G. Approval of Administrative Hearing Officer Appointments and the Professional Service Agreement Deputy Fire Chief Hammerschmidt answered questions from the Council. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt appointment of attorneys Paul Bohnsack, Michael Budke, Robert Fine, Jody Kieser Kisting, Ellen Longfellow, Robert Reutiman, and David Schmidt as administrative hearing officers for the City of Golden Valley and the service agreement and the motion carried. 3H. Authorize the Mayor, City Manager and Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2015-2016 Mayor Harris stated he would abstain from the vote due to a possible conflict of interest. City Manager Cruikshank answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to authorize the Mayor, City Manager and the Police Chief to sign the amended Community Service Officer Agreement with Breck School for 2015-2016 upon a vote being taken the following voted in favor of: Schmidgall, Fonnest and Clausen, the following voted against: Snope, the following abstained: Harris and the motion carried. 5. OLD BUSINESS 5A. Submittal of Grant Application to Hennepin County Environmental Response Fund and Continued Coordination of Conceptual Design of Flood Mitigation Project Associate Planner Goellner reviewed the staff report and answered questions from Council. Physical Development Director Nevinski answered questions from Council. Unofficial City Council Minutes -3- October 20, 2015 5A. Submittal of Grant Application to Hennepin County Environmental - continued MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 15-84, authorizing Submittal of Grant Application to Hennepin County Environmental Response Fund and Authorizing Continued Coordination of Conceptual Design of Flood Mitigation Project upon a vote being taken the following voted in favor: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against: none, and the motion carried. 5B. Second Consideration - Ordinance 561 - Proposed Code Amendment to Section 7.28: Right-of-Way Management Undergrounding Physical Development Director Nevinski reviewed the staff report and answered questions from Council. There was Council discussion regarding the proposed code amendments regarding the right- of-way management undergrounding. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to deny adoption of Ordinance #561, amending Section 7.28: Right-of-Way Management of the City Code upon a vote being taken the following voted in favor: Clausen, Fonnest, Harris, Schmidgall and Snope; and the following voted against: none, and the motion carried. 6. NEW BUSINESS 6A. Boone Avenue Convenience Center PUD No. 110, Amendment No. 1 600 Boone Avenue North Linn Investment Properties, LLC, Applicant 6B. METRO Blue Line Extension Update Planning Manager Zimmerman presented the staff report and answered questions from Council. There was much Council discussion regarding the METRO Blue Line update. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to receive and file the METRO Blue Line Extension Update and the motion carried. 6C. Announcement of Meetings Some Council Members may attend the Golden Valley Business Council meeting on October 22, 2015, from 7:30 to 9 am at Second Harvest Heartland. Some Council Members may attend the HRC Conversations Event: Human Trafficking on October 22, 2015, from 6:30 to 8 pm in the Council Chambers. Some Council Members may attend the New Hope Mayor's Prayer Breakfast on October 23, 2015, at 7 am at the New Hope Community Gyms at Cooper High School. The Public Safety Open House for Families with Special Needs will be held on October 24, 2015, from 11 am to 1 pm at the Public Safety Building. Unofficial City Council Minutes -4- October 20, 2015 6C. Announcement of Meetings - continued A Special City Council meeting will be held on October 26, 2015, at 6 pm in the Council Chambers. Some Council Members may attend the METRO Blue Line Extension Open House on October 28, 2015, from 5:30 to 7 pm in the Council Conference Room. Election Day is November 3, 2015. The next City Council meeting will be November 4, 2015. Council Member Snope stated the Hopkins School Board and the Special Election for House District 46A will also be on the upcoming election for the southern portion of the City. He encouraged residents to educate themselves on the candidates. 6C. Mayor and Council Communication No action and/or discussion took place. 7. ADJOURMENT MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 7:44 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk e"i>~ 'of UNOFFICIAL MINUTES groldenii SPECIAL CITY COUNCIL MEETING valley GOLDEN VALLEY, MINNESOTA October 26, 2015 1. CALL TO ORDER Mayor Harris called the meeting to order at 6 pm. 1A. Roll Call Present: Mayor Harris, Council Members Clausen, Fonnest, and Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and Administrative Assistant Wittman. Absent: Council Member Snope 1B. Pledge of Allegiance Mayor Harris asked for a moment of silence on behalf of former State Representative Sandra Peterson who recently passed away. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to approve the agenda of October 26, 2015, and the motion carried. 3. PUBLIC HEARINGS 3A. Public Hearing - Approval of Conditional Use Permit 140 - 6500 Olson Memorial Highway, Peaceful Valley Montessori, Applicant Planning Intern Sonnek presented the staff report and answered questions from Council. Ms. Katie Wagoner, Co-Founder of Peaceful Valley Montessori, Applicant, provided the history of growth of the Montessori and their need for a larger facility. Ms. Wagoner answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. There was Council discussion regarding the Conditional Use Permit for Peaceful Valley Montessori located at 6500 Olson Memorial Highway. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt Ordinance #581, Approval of Conditional Use Permit No. 140, 6500 Olson Memorial Highway - Peaceful Valley Montessori, Applicant upon a vote being taken the following voted in favor of: Harris, Clausen, Fonnest, and Schmidgall; and the following voted against: none and the motion carried. Unofficial Special City Council Minutes -2- October 26, 2015 4. ADJOURMENT MOTION made by Council Member Fonnest, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 6:13 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk city of golden11 MEMMEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document sent via email Recommended Action Motion to authorize the payment of the bills as submitted. Regular Meeting of the Golden Valley Planning Commission September 28, 2015 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, September 28, 2015. Vice Chair Segelbaum called the meeting to order at 7:04 pm. Those present were Planning Commissioners Baker, Blum, Cera, Johnson, Kluchka, Segelbaum, and Waldhauser. Also present was Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner, Planning Intern Melissa Sonnek, and Administrative Assistant Lisa Wittman. 1. Approval of Minutes August 24, 2015, Regular Planning Commission Meeting Waldhauser referred to the second paragraph on page nine and asked for clarification regarding the last sentence. Zimmerman explained that the last sentence is referring to the administrative PUD amendment process and that if staff feels an administrative amendment should be considered a minor PUD amendment instead of administrative then it would go through the minor PUD amendment process. MOVED by Waldhauser, seconded by Cera and motion carried unanimously to approve the August 24, 2015, minutes as submitted. 2. Informal Public Hearing — Conditional Use Permit (CUP #140) — Peaceful Valley Montessori Academy— 6500 Olson Memorial Highway Applicant: Peaceful Valley Montessori Academy Addresses: 6500 Olson Memorial Highway Purpose: To allow for a childcare/preschool facility in the Business and Professional Offices Zoning District. Sonnek stated that the property is guided Commercial/Office on the General Land Use Plan Map and is zoned Business and Professional Offices. She explained the applicant's request to relocate their existing childcare/preschool facility to this location. She referred to a site plan of the property and discussed the proposed site access, visitor parking, employee parking, main entrance and play area. She added that the applicant will also be constructing a sidewalk on the southwest corner of their property to provide egress from the building and noted that the applicant is not proposing any changes to the exterior of the building. Sonnek referred to the parking on the property and explained that the requirement for the proposed use is 1 space for every 6 participants and the property will have a surplus of parking with 89 stalls. She discussed the traffic generated by the proposed use and Minutes of the Golden Valley Planning Commission September 28, 2015 Page 2 stated that staff does not anticipate a significant change in traffic from the previous use (TruStone Financial) but rather a shift in peak hours to 8 am and 4 pm. Sonnek stated that the applicant is expected to serve 65 children when they open in January with a total capacity of 160 children. She stated that based on review of the application materials and evaluation of the factors used when considering a Conditional Use Permit staff is recommending approval of the applicant's request. Kluchka referred to the recommended condition regarding the number of clients allowed and questioned if the City needs to limit the number of clients since the state license sets the number of clients the applicant is allowed to have. Waldhauser stated that there were plans for a play area on the north side of the building and asked if that is still an option. Sonnek stated that the applicant's current proposal only has one play area on the south side of the property. Segelbaum referred to the three entrances along Country Club Drive, two of which appear to be access to the former bank drive-through lanes and asked if there is another use planned for the entrances. Sonnek noted that two of the three entrances provide access to the employee parking area. Segelbaum asked if there is bus traffic. Sonnek said she will defer that question to the applicant. Segelbaum asked if there are other zoning districts that allow childcare as a permitted use. Zimmerman stated that childcare is only allowed as a conditional use in certain zoning districts and is not a permitted use in any district. Kluchka asked if there will be a communication plan with the parents regarding which streets should be used for access. Sonnek said that has not been discussed with the applicant. Johnson referred to the proposed new sidewalk on the southwest corner and asked if the large tree currently in that location will be removed. Kluchka asked how much of the sidewalk exists, how much is new, and where it will go. Sonnek said 491 square feet of sidewalk will be installed. Zimmerman added that the sidewalk is on the applicant's property and is required for egress from the building. Katie Wagoner, Applicant, stated that their plan, due to overwhelming demand, is to expand from their 30 student facility to this new location. She said their vision is to serve families with different aged children in one facility. She explained that parents will pick up and drop off their kids and that there will be no bus traffic. Cera referred to the existing drive through on the north side of the property and asked if there are future plans for that area. Summer Picha, Applicant, stated that that they would like to create a second playground area in the future but it will currently be left as is. Waldhauser referred to the proposed fence on the south side of the property and asked if it is meant for privacy or for safety. Wagoner stated that it will be a six foot tall fence to Minutes of the Golden Valley Planning Commission September 28, 2015 Page 3 provide a noise buffer, privacy, and a secret garden. She referred to Commissioner Johnson's question regarding the tree currently located near where the proposed sidewalk will be and stated that the tree will remain. Kluchka noted that the fence around the proposed orchard area will be chain link and asked why it couldn't be the same material that will be used along the playground. Wagoner said they want people to be able to see the orchard and that the privacy fence is for the secret garden area. Kluchka said the chain link fence may detract from the aesthetics. Cera noted that the applicant currently has 30 clients and will be licensed for 160 children and asked if they have a five year plan. Picha said they have a two year plan. Cera asked if there are enough qualified teachers. Wagoner stated that there is a Montessori training facility in St. Paul so the area is saturated with qualified teachers. Segelbaum referred to the three access points and questioned what route people will take and if it would make more sense to enter in the middle driveway. Picha stated that the middle driveway accesses the existing drive through and doesn't allow access to the parent parking area. Kluchka asked about signage. Picha said they would like to use the existing time and temperature sign and change the existing sign on the building to say "your neighborhood Montessori" instead of"your neighborhood credit union." Segelbaum asked about the existing vault. Wagoner said it will be used for storage. Blum asked the applicants if they've given any thought to additional landscaping along Highway 55. Picha said they haven't thought about it but they will consider it in the future. Segelbaum opened the public hearing. Linda Loomis, 6677 Olson Memorial Highway, said she would like to ask the Planning Commission to support this use. She said it is a great re-use of the property and she is excited that the applicants are able to expand in Golden Valley. Seeing and hearing no one else wishing to comment, Segelbaum closed the public hearing. Waldhauser said this proposal does seem to be a good use for this attractive property. She added that she is not fond of a solid wood fence. Baker said he has expressed concern about Conditional Use Permits not benefitting the City but this proposal clearly does and he supports it. Kluchka said he would like to discuss requiring a Highway 55/Douglas Drive communications plan. He said he is proposing the clients be told that they shouldn't be turning right to Highway 55 on Country Club Drive because it is a dangerous intersection. Zimmerman noted that that exit will be closed in approximately one year as part of the Douglas Drive reconstruction project. Segelbaum said making the conclusion about this Minutes of the Golden Valley Planning Commission September 28, 2015 Page 4 intersection may not be a good thing for the Planning Commission as a body to state as a part of this Conditional Use Permit request. Kluchka reiterated that he would like some sort of communication in place to avoid issues involving this dangerous intersection especially during rush hour. Cera said he agrees with Kluchka that this is a dangerous intersection, but there are other intersections in the City that are just as dangerous and he thinks it is up to the Street Department and the Police Department to decide how to handle dangerous intersections. He added that he doesn't think it is a condition that should be put on the approval of this proposal. Baker also agreed that it is dangerous, but he would not support a condition regarding a communication plan. Segelbaum recommended that the applicant study and watch the traffic at that intersection and to the extent it makes sense to communicate any issues to their clients. Blum stated that after the intersection is closed the issue will be resolved. He added that 9 full time and 10 part time jobs will be on site, and the City will be keeping and creating jobs and will allow families access to quality child care. Cera referred to the condition regarding the number of clients allowed and asked if the language should be changed to match whatever the State will allow. Zimmerman said the City might not want the number to be as high as the State may allow because there could be issues related to parking. Cera suggested the condition be amended to state that the applicant is limited to 160 children or the number approved by the Department of Health, whichever number is lower. Baker said he thinks the applicant could come back and amend their Conditional Use Permit in the future. Segelbaum agreed. Waldhauser said she would like to avoid requiring limits for no reason. Segelbaum said that 160 children is the maximum number the State will allow per the square footage of the space. Cera said if the use becomes larger he would want there to be a one way entrance and exit. MOVED by Baker, seconded by Cera and motion carried unanimously to recommend approval of a Conditional Use Permit at 6500 Olson Memorial Highway to allow for a childcare/preschool facility in the Business and Professional Offices Zoning District subject to the following findings and conditions: Findings: 1. Demonstrated Need for the Proposed Use: As the Peaceful Valley Montessori transitions into their new building, they need this facility to continue educating their established and potential future student base. 2. Consistency with the Comprehensive Plan: A child care use is allowed as a conditional use within the Business and Professional Offices Zoning District. 3. Effect on Property Values: Staff anticipates the introduction of this use would have no impact on the surrounding property values. 4. Effect on Traffic: Staff does not anticipate any negative traffic impacts to the surrounding areas based on the trips generated by this proposed use. 5. Effect of Increases in Population and Density: The proposed use will employ nine full-time and ten part-time employees on site. 6. Increase in Noise Levels: The proposed use may result in a slight increase in noise as a result of more children using the outdoor play area, but any increase is anticipated to have minimal impact. Minutes of the Golden Valley Planning Commission September 28, 2015 Page 5 7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. Impact of Pests: The proposed use is not anticipated to attract pests. 9. Visual Impact: Due to the fact that the applicant does not intend on redesigning the footprint of the building, but rather the interior design and layout, staff does not anticipate any negative impacts on the visual quality of the property. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects caused by the proposed use. Conditions: 1. The site plan prepared by Paul Meyer Architects and received on September 17, 2015, shall become a part of this approval. 2. The Montessori school/childcare facility shall be limited to 160 clients, or the amount specified by the Minnesota Department of Health, whichever is less. 3. All necessary licenses shall be obtained by the Minnesota Department of Health and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Planning Manager. 4. If any future changes to the site are made on the north side of the building, the owner will be required to remove any driveway entrances it does not intend to use for vehicle access and replace them with curb and gutter to match into the existing curb line. The owner will also be required to extend the sidewalk from the building to the north in order to connect to the City sidewalk on Country Club Drive. 5. The hours of normal operation shall be Monday through Friday from 7 am to 6 pm with occasional events on evenings and weekends. 6. All improvements to the building shall meet the City's Building and Fire Code requirements. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. Kluchka asked if the City has ever approached MnDOT in order to get some kind of welcome/gateway sign near this location other than the standard green street sign. Cera stated that the Commission could suggest to the City Council that they consider placing welcome signs in gateway locations. 3. Informal Public Hearing —Zoning Code Text Amendment— Amending PUD Requirements —Z000-102 Applicant: City of Golden Valley Purpose: To consider modifications to PUD requirements when considering major, minor, or administrative amendments Minutes of the Golden Valley Planning Commission September 28, 2015 Page 6 Goellner reminded the Commissioners that this item was continued at their last meeting. She explained that the purpose of the text amendment is to simplify the entitlement process and the cumbersome timeframe. The current PUD process can take up to six months to create a new PUD or to make a major amendment to an existing PUD, and a minor amendment can take up to two months. The proposed new process would still take up to six months to create a new PUD, however the amendment process would be shorter at three months for a major amendment and two months for a minor amendment. The proposed new language also allows for administrative amendments. Goellner discussed the proposed differences between major, minor, and administrative amendments. She explained that a major amendment would be required when the proposal does not meet the underlying zoning requirements, it significantly effects the original design and intention, or it requires more public review. A minor amendment would be required when a proposal meets the underlying zoning requirements, and is proposing less significant changes. An administrative amendment would be allowed when the proposed changes are items that are already reviewed administratively if the proposal were not a PUD. Cera asked if a proposed new building façade would be considered a minor or administrative PUD amendment. Goellner said that would probably be considered a minor amendment. Waldhauser referred to the proposed language regarding major amendments and asked if requiring a PUD amendment when there is a change in floor area from 5% to 10% is just because there have been so many nuisance minor amendments using the 5% cutoff. Goellner said yes, and added that 5% is quite low and really isn't the amount of change that should require more public review. Blum asked if the change in the floor area comes from the original PUD approval or from subsequent amendments. He added that he thinks an increase in floor area should have to refer to the original PUD proposal. Baker said he is struck by the words "significant" and "sensitive" because they are qualitative words that don't have a definition in the ordinance. He asked about past experience in deciding when something is significant. He said he understands the need for flexibility, but those words are without meaning leave him uncomfortable. Kluchka noted that in the PowerPoint presentation the word "design" was used, but in the proposed new code language in Subdivision B (10) & (11) it is not. He asked if that was intentional and stated that it is a very important word and he would like it to be added to the proposed code language to make sure design is a consideration. Waldhauser referred to the list of things that would qualify as an administrative amendment and said it seems unclear to her when something would be "bumped up" from an administrative amendment to a major or minor amendment. Goellner explained that PUDs aren't approved by using the lists, the lists help determine which process an amendment should go through. Minutes of the Golden Valley Planning Commission September 28, 2015 Page 7 Goellner stated the proposed new language also requires that new PUDs would be subject to an amenity point system. She explained the point system and noted that applicants would need five points from a list of designated amenities and may be awardeda portion of points for each amenity. She added that the list of amenities is focused on amenities used in, and seen from the outdoors. Goellner discussed some other proposed text changes including requiring an applicant to meet with staff prior to final application submission, and to address all conditions of the preliminary PUD approval. She stated that the some of the sections of the PUD ordinance have been restructured/reordered to provide for better readability and usability and noted that the language regarding submittal of a sign plan and the language regarding wetland buffers have been removed. Baker referred to the language regarding the size of wetland buffers and asked what language is proposed to be removed from the current PUD code requirements. Goellner stated that the current PUD code requires a 25-foot buffer strip. She explained that the Engineering staff would like that standard removed from the PUD section of the City Code because they do their reviews based on other standards and the number in the PUD section was arbitrary. She added that wetland buffer issues are addressed as part of the stormwater and erosion control plan review process. Baker said he hopes to add language requiring a 50-foot buffer to the City standards in the Comprehensive Plan. Zimmerman added that another reason to remove the standards from the PUD section of the City Code is so that the City can follow the State standards without having to amend the City Code every time standards change. Waldhauser asked if those other standards should be referenced in the City Code. Baker reiterated that he would like to City Code to match the State standard and require a 50-foot buffer even though that standard refers to agricultural land. Johnson suggested that the proposed new language be reordered so that the amendment process starts with administrative amendments then goes on to minor amendments, then to major amendments in order to help streamline the process. Segelbaum suggested the Commission discuss the proposed amenity point system. Baker questioned why the amenity point system isn't being proposed at this time for PUD amendments, only for new PUDs. Goellner stated that the PUD amendment proposals currently going through the process might not meet the amenity point requirements. Segelbaum said thinks requiring applicants to have five amenity points seems high. Baker said he would push for the requirement to be ten amenity points. Segelbaum said he is concerned about smaller projects and suggested that past proposals be reviewed to see what would have been approved had amenity points been required. Kluchka agreed that he would like to quantitate what the City has approved recently to know how harsh or lenient it has been. Johnson agreed that five amenity points is too many. The items on the amenities list are expensive things and the City already asks applicants to do many things as part of a PUD. Baker stated that applicants are getting something from the City when they are granted a PUD. Blum said he doesn't know how useful a study would be Minutes of the Golden Valley Planning Commission September 28, 2015 Page 8 regarding past PUD projects, but starting with a lower number of amenity points seems more reasonable. Cera suggested more items be added to the amenity list which may make it easier to get to five points. Kluchka said he is not sure if giving all five points to one amenity seems like the right thing to do. Waldhauser said she would be fine with requiring five amenity points. Baker said he agrees five amenity points is ok and putting all five points in one amenity is ok too because it is a good way to incent the amenities. Johnson said he thinks the City is going to see a lot of amenities that are cheaper for the developer such as shrubs, signage and bike racks. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Cera referred to the amenity regarding enhanced bicycle and pedestrian facilities and said the creation of public sidewalks should be added rather than just encouraging the use of public walkways. He referred to the amenity regarding enhanced stormwater management and asked if refers to engineered stormwater management, or to natural stormwater management such as rain gardens, ponds, etc. Waldhauser noted that the proposed language states that the design must serve as a visual amenity to the property. Cera said he would like to remove the amenities regarding decorative fencing and enhanced lighting. He said he would rather have no fencing and does not want to encourage more lighting. Zimmerman suggested the language be amended to address the quality of light fixtures. Blum asked if the amenity regarding bike and pedestrian connections was taken out. Goellner said yes because that is already a requirement elsewhere in the Code. Blum noted that the amenity regarding community gardens has a lot of points, but public open space seems more valuable because it serves more people. Kluchka agreed that the points for a community garden should be lowered. Segelbaum questioned what would qualify as open space. Zimmerman stated that partial points could be awarded. Kluchka suggested adding an amenity regarding mixed use. Cera stated that a mixed use that is available to the public should get five points. Kluchka suggested adding an amenity regarding wind power. Cera suggested saying alternative renewable energy rather than just wind. Kluchka referred to the amenity regarding LEED certification and asked if it has to be LEED "certified" or "qualified." Goellner said she would like the language to say certified. Segelbaum questioned who would determine between "certified" and "qualified." Cera said there are LEED auditors. Goellner said she could do it because she has LEED accreditation. Blum questioned if Gold and Platinum LEED certification should have the same amount of points. Goellner suggested they have a difference of one point. Kluchka suggested adding an amenity regarding the creation of unique architecture that would be worth four points. Segelbaum questioned if the word unique should be used. Minutes of the Golden Valley Planning Commission September 28, 2015 Page 9 Baker said he doesn't like the word unique. Kluchka suggested the words architecturally significant instead of unique. Waldhauser referred to the amenity regarding a public recreation area and suggested that the language stating "...play equipment or natural features suitable for recreational use by children and families" be removed. Segelbaum questioned if that language is removed if it would then be considered open space instead of a public recreation area. Waldhauser suggested adding language about an increase in the variety of housing and life cycle housing to the affordable housing units amenity. Kluchka questioned if the definition of affordable is beyond current incentives or subsidies, and if the City is getting something more. Zimmerman stated there are certain thresholds but the point is to encourage affordable housing units. Blum suggested adding an amenity that would give points for offering underground parking, and also adding an amenity regarding covered walkways. Cera referred to the amenity regarding rooftop solar panels and suggested that the language be changed to require the system to cover a minimum of 50% of energy needs, rather than to cover 50% of the total roof area. Segelbaum said the suggested additional amenities seem worth studying further and that he would like to see some other amenities that would be worth one point. Cera referred to the items required to be submitted during the Final PUD process and stated that he would like a recycling plan added to the list. Baker referred to the proposed language regarding riparian buffer requirements (Subd. 6(A)(3)(a)) and reiterated that he wants the buffer requirement language in the PUD ordinance to be 50 feet which is consistent with the State requirements. Zimmerman stated that staff would like that language removed from the PUD section of City Code in order to reduce the number of conflicts and to be consistent with what the Bassett Creek Watershed Commission and the State require. Waldhauser suggested language be added to the City Code stating that the buffer requirements will be consistent with State requirements. Segelbaum agreed that the requirements should be consistent code-wide. Blum asked if language regarding snow removal requirements should be added. Zimmerman stated that there already are snow removal requirements listed in the PUD section of the Code. Blum questioned if the height of snow banks should be addressed. Zimmerman said that could be included as part of a snow storage plan. Kluchka asked if language regarding communications plans should be added. Zimmerman stated that communication plans regarding construction are usually required post PUD plan approval. Goellner stated that communication plan requirements could be part of the development agreement process. Kluchka asked if it could be part of the standard conditions discussed during the PUD process so the Planning Commission doesn't have to remember to add it every time. Zimmerman stated that a communication Minutes of the Golden Valley Planning Commission September 28, 2015 Page 10 plan is not required as part of a PUD submittal. Waldhauser noted that some PUDs don't need to have a communication plan. MOVED by Baker, seconded by Cera and motion carried unanimously to table this item to the October 26, 2015 Planning Commission meeting. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Zimmerman gave an update on the 3.9.4, the Xenia, Liberty Crossing, and Cornerstone Creek apartment projects. He stated that the Comprehensive Plan Systems Statements have arrived so the amendment process will be starting soon. 5. Other Business • Council Liaison Report - No report was given. Cera stated that due to health conditions he would like to resign as Chair. MOVED by Waldhauser, seconded by Baker and motion carried unanimously to elect Segelbaum as Chair, and Cera as Vice Chair. 6. Adjournment The meeting was adjourned at 10:02 John Kluchka, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals September 29, 2015 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, September 29, 2015, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Perich called the meeting to order at 7:05 pm. Those present were Members Maxwell (arrived at 7:15), Nelson, Orenstein, Perich and Planning Commission Representative Blum. Also present were Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. I. Approval of Minutes —August 25, 2015 Regular Meeting MOVED by Nelson, seconded by Perich and motion carried unanimously to approve the August 25, 2015, minutes as submitted. Blum abstained from voting. II. The Petition(s) are: 3235 Kyle Avenue North Dennis K. Dienst, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(1) Front Yard Requirements • 3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest point to the front yard (east) property line. Purpose: To allow for the construction of a front porch/entryway addition. Goellner referred to a survey of the property and explained the applicant's request to construct an 8 ft. x 10 ft. foot porch/entryway addition on the front of their home. The proposed addition would be located 31.59 feet away from the east property line rather than the required 35 feet. She added that staff is recommending approval of the requested variance finding that this small addition would not compromise the essential character of the locality and it is a reasonable location on the home for an entryway. Dennis Dienst, Applicant, explained that their existing front entryway is only 8 square feet in size and it opens right into the living room. He added that they also have a fireplace right by the front entry that they aren't able to use because of the wind that comes in from the front door. Perich opened the public hearing. Hearing and seeing no one wishing to speak, Perich closed the public hearing. Nelson noted that there are other houses located on Kyle Avenue that are closer to the front property line than the required 35 feet. She stated that normally the Board is very Minutes of the Golden Valley Board of Zoning Appeals September 29, 2015 Page 2 sensitive to front yard setback requirements, but this proposal will improve the look of the house and it meets all of the criteria the Board considers when granting variances. The Board agreed. MOVED by Nelson, seconded by Blum and motion carried unanimously to approve the variance request for 3.41 ft. off of the required 35 ft. to a distance of 31.59 ft. at its closest point to the front yard (east) property line to allow for the construction of a front porch/entryway addition. 5545 Golden Valley Road Paulette Belgarde, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(C) Side Yard Requirements • 6.4 ft. off of the required 12.5 ft. to a distance of 6.1 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction of a home office addition. Goellner referred to a survey of the property and explained the applicant's request to construct a 6 ft. x 7 ft. addition on the northeast corner of the house. She stated that the applicants have said their unique circumstances are that there is a limited area on which to build, there is a steep slope and the driveway on the other side of the house, and there are large trees in the rear yard. She stated that staff is recommending approval of the requested variance as it will not compromise the essential character of the locality. Perich asked if the existing fence along the east side of the property is on the property line. Goellner said she believes so. Blum asked if the property next door to the east (1415 Lilac Drive) is a business use. Goellner said yes, and added that the property to the south is also zoned Business and Professional Offices. Maxwell asked if the property is also unique because of its oblong shape. Goellner said yes and stated that it is also a steep and narrow property. Nelson questioned if the proposed location of the addition is really the only place to build an addition. Goellner said yes, the front east corner or the back east corner of the house are really to the only places to add anything onto the house. Kevin Vereecke, Studio Bauen, stated that the homeowner has seven children and every inch of the home is utilized. He reiterated that they can't build on the west side of the house because of the driveway and stated that the proposed addition won't affect the aesthetics of the area. He added that the neighboring property owners have said the proposal is ok with them. He referred to the existing fence along the east property line and confirmed that it is located right on the property line. Minutes of the Golden Valley Board of Zoning Appeals September 29, 2015 Page 3 Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Orenstein said he is supportive of the variance because it seems like a minimal request and it borders an office building. Nelson agreed and added that there are also unique circumstances regarding the grade and the narrowness of the lot. MOVED by Maxwell, seconded by Perich and motion carried unanimously to approve a variance for 6.4 ft. off of the required 12.5 ft. to a distance of 6.1 ft. at its closest point to the side yard (east) property line to allow for the construction of a home office addition. 1929 Glenwood Parkway Rick Wilson, Riverside Construction, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(C) Side Yard Requirements • 8.5 ft. off of the required 12.5 ft. to a distance of 4 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction of a garage addition. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(2) Rear Yard Requirements • 1.7 ft. off of the required 25 ft. to a distance of 23.3 ft. at its closest point to the rear yard (north) property line. Purpose: To allow for the construction of a garage addition. Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(D) Side Wall Articulation Requirements • City Code requires any wall longer than 32 feet in length to be articulated. The applicant is asking that the proposed new east wall be 57.5 feet in length without articulation. Goellner referred to the survey of the property and explained the applicant's request to remove their existing garage and replace it with a new two-stall garage that will measure 24 ft. x 20.8 ft. in size. The current garage is 20 ft. x 20.8 ft. in size. She explained that the proposed new garage would be 23.3 feet from the rear yard property line, rather than the required 25 feet, 4 feet from the side yard property line, rather than the required 12.5 feet, in order to follow the same plane as the east wall of the house, and would create a wall that would be 57.5 in length without articulation. Minutes of the Golden Valley Board of Zoning Appeals September 29, 2015 Page 4 Perich asked about the size of a typical two-stall garage. Goellner said a typical two-stall garage is anywhere between 20 ft. x 20 ft. to 24 ft. x 24 ft. in size. Nelson noted that the proposed garage will be the size of a standard two-stall garage. Rick Wilson, Riverside Construction, representing the homeowner, explained that the homeowners want to have a 24 ft. x 24 ft. wide garage. He said he doesn't think it is unreasonable to match the existing plane of the east side of the house, and that the requested variances will allow the homeowner to use the garage space more reasonably. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Maxwell said there are number of unique circumstances and features with the property and the request is reasonable. He added that it doesn't make sense to articulate the last two feet of the proposed new garage. The Board agreed. MOVED by Maxwell, seconded by Nelson, and motion carried unanimously to approve the following variance requests: • 8.5 ft. off of the required 12.5 ft. to a distance of 4 ft. at its closest point to the side yard (east) property line to allow for the construction of a garage addition. • 1.7 ft. off of the required 25 ft. to a distance of 23.3 ft. at its closest point to the rear yard (north) property line to allow for the construction of a garage addition. • The proposed new east wall is allowed to be 57.5 feet in length without articulation. 408 Natchez Avenue South Chris Miller, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(b) Side Yard Requirements • 7.1 ft. off of the required 12.5 ft. to a distance of 5.4 ft. at its closest point to the side yard (east) property line. Purpose: To allow for the construction of a garage/home addition. Goellner referred to a survey of the property and explained the applicant's request to construct a second garage stall with living space behind it, onto the existing one-stall garage. She stated that the applicant has said his unique circumstances include that the garage side of the house was built closer to the south property line, and that his house is one of the only homes in the area with a one-stall garage. Perich asked when the home was built. Chris Miller, Applicant, said the home was built in 1952. Minutes of the Golden Valley Board of Zoning Appeals September 29, 2015 Page 5 Perich asked if the house on the lot to the south is too close to side yard property line. Goellner said she didn't know, and that the side yard setback requirement depends on the width of the lot, but it does appear to be close to the property line as well. Blum questioned why the proposed addition behind the garage doesn't require a variance. Goellner explained that variances are given for a structures closest point to the property line. She added that the addition behind the garage would be further away from the side yard property line than the garage in order to meet the articulation requirement. Miller explained his request to add a second garage stall. He stated that the neighbor to the south was concerned about this proposed addition so he offered to extend the tree line along the property line in order to provide screening. Perich opened the public hearing. Seeing and hearing no one wishing to comment, Perich closed the public hearing. Nelson stated that she is typically in favor of grating variances in order to construct a second garage stall. Maxwell stated that a two-stall garage would be more in character with the houses in the area. The Board agreed. MOVED by Maxwell, seconded by Nelson and motion carried unanimously to approve the variance request for 7.1 ft. off of the required 12.5 ft. to a distance of 5.4 ft. at its closest point to the side yard (east) property line to allow for the construction of a garage/home addition. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:38 pm. David Perich, Chair Lisa Wittman, Administrative Assistant MINUTES Human Rights Commission (HRC) City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 September 29, 2015 Council Conference Room Commissioners present: Carla Johnson, Chair Jonathan Burris, Vice Chair Adam Buttress Teresa Martin Susan Phelps Michael Pristash Andrew Ramiet Commissioners absent: None Guests: Sergeant Grant Snyder, Minneapolis Police Department Staff: Chantell Knauss, Assistant City Manager The meeting was convened at 6:32 pm by Chair Johnson. APPROVAL OF AUGUST 25, 2015, REGULAR MEETING MINUTES Motion by Commissioner Pristash, second by Commissioner Burris to approve the August 25, 2015, minutes. Motion carried 7-0. COUNCIL UPDATES There were no Council updates. OLD BUSINESS Commission Outreach Activities Updates Market in the Valley(September 13, 2015) Chair Johnson reported there was not a lot of traffic at the HRC booth. There was a couple that stopped by that was new residents and expressed how much they like living in Golden Valley. Golden Valley Music & Arts Festival (September 26, 2015) Commissioner Martin reported there again was not a lot of traffic at the HRC booth but for one woman and a couple who were former HRC members. Commissioner Martin proactively spoke with Helene Johnson of Global Golden Valley who expressed interest in partnering with the HRC for a future joint endeavor; Peter Knaeble who had expressed the idea of a Golden Valley Gay Pride Day; and the Golden Valley Lions Club which is down to five members. Should the HRC decide to continue the outreach activities, Commissioner Martin suggested an HRC business card be available for Commissioners working the booth. The card would have a blank area for Commissioners to write their name and contact information to give to those stopping by the booth. Sergeant Grant Snyder- October 22. 2015 HRC Conversations Planning Sergeant Snyder is the lead detective on the trafficking team for the Minneapolis Police Department. He provided the following insights into this issue: ' Human Rights Commission September 29,2015 Meeting Minutes Page 1 of 3 - It's difficult for law enforcement to separate between juvenile and adult sex trafficking because there is so much overlap between the two - There is a strong intersection between commercial sex and trafficking • In order to reduce sex trafficking, law enforcement is targeting the demand side • Society needs to confront male attitudes about sex and challenge men not to buy sex - Safe Harbor(law enacted to stop treating sex trafficking victims as criminals)failed its victims because the victims don't recognize their own complicity in the situation - In his experience, there are young predictors in someone's life in becoming a victim of trafficking: o Typically a runaway o Typically sexually abused at a young age o Typically exposed to commercial sex Sergeant Snyder believes with the other panelists of terry Forliti from Breaking Free and Joan Countryman from The Bridge for Youth, there will be a lot of information presented to attendees. October 22, 2015 HRC Conversations Planning Update Dave Nuckles, No Wrong Door at Hennepin County-Vice Chair Burris reported Mr. Nuckles may not be available as there is a conference in northern Minnesota the same week. The Bridge for Runaway Youth - Commissioner Phelps reported that Joan Countryman is confirmed. Breaking Free- Chair Johnson reported Terry Forliti is confirmed. Sergeant Grant Snyder-Commissioner Pristash reported Sergeant Snyder is confirmed. Fred Karasov, 4th District Judge -Commissioner Pristash reported the Judge is not available as he teaches that evening. Commissioner Pristash volunteered to facilitate the panel discussion. Commissioners were encouraged to share the City's facebook post of the Human Sex Trafficking Awareness Conversations Event on their own facebook pages to get the word out via social media. Knauss will work with Communications staff to put together a poster of the event and email it to Commissioners as well as print copies and let Commissioners know when they are available to be picked up and distributed throughout town. Commissioner Ramlet volunteered to advertise the event at the Perpich Center for Arts Education. Other ideas for marketing included: Golden Valley faith community, Business Council, Rotary, League of Women Voters. Adjourn Motion by Commissioner Martin, second by Commissioner Ramjet to adjourn the meeting at 8:17 pm. Motion carried 7-0. Human Rights Commission September 29,2015 Meeting Minutes Page 2 of 3 Follow-up Items: • Panelist contacts will have biographies of the panelists to Knauss as soon as possible for the poster and program • Knauss will work with Communications staff to put together a poster of the event and email it to Commissioners as well as print copies and let Commissioners know when they are available to be picked up and distributed throughout town. • Commissioner Ramlet will advertise the event at the Perpich Center for Arts Education. Carla Johnson, Chair ATTEST: Chantell Knauss, Staff Liaison Approved by HRC: ,2015 Human Rights Commission September 29,2015 Meeting Minutes Page 3 of 3 e4§ e`""4 Item 4A BCWMC 10-15-15 Watershed 1Commt RleAt t'OdTirtii9810(1 Bassett Creek Watershed Management Commission Minutes of Regular Meeting September 17,2015 Golden Valley City Hall,8:30 a.m. Commissioners and Staff Present: Crystal Commissioner Guy Mueller, Vice Chair Plymouth Commissioner Ginny Black Golden Valley Alternate Commissioner Jane McDonald Robbinsdale Alternate Commissioner Michael Black Scanlan Medicine Lake Alternate Commissioner Gary Holter St. Louis Park Commissioner Jim de Lambert, Chair Minneapolis Commissioner Michael Welch Administrator Laura Jester Minnetonka Not represented Attorney Troy Gilchrist,Kennedy&Graven New Hope Commissioner John Elder Engineer Karen Chandler, Barr Engineering Technical Advisory Committee (TAC)Members/Other Attendees Present: Derek Asche,TAC,City of Plymouth Richard McCoy,TAC, City of Robbinsdale Steve Christopher, BWSR Jeff Oliver,TAC, City of Golden Valley Lois Eberhart,TAC,City of Minneapolis Jacob Newhall, WSB &Assoc. Harvey Feldman, Friends of Northwood Lake David Stack,Friends of Bassett Creek Erick Francis,TAC,City of St. Louis Park Mark Ray,TAC,City of Crystal Jere Gwin-Lenth,Friends of Northwood Lake Greg Williams, Barr Engineering Tyler Johnson,City of New Hope Liz Stout,TAC, City of Minnetonka Chris Long,TAC,City of New Hope Andrea Weber, MPRB Linda Loomis, Chair, Plan Steering Cmttee 1.CALL TO ORDER AND ROLL CALL On Thursday, September 17,2015,at 8:32 a.m. in the Council Conference room at Golden Valley City Hall, Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission (BCWMC)and asked for roll call to be taken [Cities of Crystal and Minnetonka absent from roll call]. 2. CITIZEN FORUM ON NON-AGENDA ITEMS [Commissioner Muller, City of Crystal arrived]. 1 BCWMC September 17, 2015, Meeting Minutes No comments were presented. 3.AGENDA Commissioner Mueller moved to approve the agenda as presented. Commissioner Black seconded the motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. 4. CONSENT AGENDA Commissioner Elder moved to approve the Consent Agenda. Commissioner Black seconded the motion. Upon a vote, the motion carried 8-0 [City of Minnetonka absent from vote]. [The following items were approved as part of the Consent Agenda: the July 16, 2015,and August 20, 2015, meeting minutes,the September 2015 financial report,the payment of invoices,Approval of Commissioner Request for Reimbursement to Attend Minnesota Water Resources Conference, Approval of Cornerstone Creek Project in Golden Valley, Approval of the Sochacki Trail Paving Project in Robbinsdale,and Approval to Set November Commission Meeting for Wednesday,November 18, 2015.] The general and construction account balances reported in the Fiscal Year 2015 Financial Report prepared for the September 17, 2015,meeting are as follows: Checking Account Balance $616,572.28 TOTAL GENERAL FUND BALANCE $616,572.28 TOTAL CASH& INVESTMENTS ON-HAND (9/09/15) $3,862,573.60 CIP Projects Levied—Budget Remaining ($4,014,653.13) Closed Projects Remaining Balance $152,079.53 2012-2014 Anticipated Tax Levy Revenue $5,585.36 2015 Anticipated Tax Levy Revenue $495,084.26 Anticipated Closed Project Balance $348,590.09 5. BUSINESS A. Items Related to Adoption and Distribution of 2015-2025 BCWMC Watershed Management Plan i. Review Draft Credits Page and Proposed Changes to Requirements Document (Appendix H) Administrator Jester reviewed the draft credits page with the Commission and took note of requested edits. Commissioner Black moved to approve the credits page as amended. Commissioner Elder seconded the motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. Administrator Jester described the proposed changes to the Requirements document. She explained 2 BCWMC September 17, 2015, Meeting Minutes that the changes were to ensure that the document was consistent throughout and in-line with the policies in the 2015 Watershed Management Plan. Commissioner Welch requested edits to wording in section 2.5, section 4.5.2,and section 4.5. He described the reasoning behind his and Alternate Commissioner Goddard's requested changes and offered new language. Commissioner Black moved to approve the Requirements document with the proposed changes and edits. Commissioner Mueller seconded the motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. ii. Review Transmittal Letter Administrator Jester explained that the transmittal letter needs to accompany the BCWMC's 2015 Watershed Management Plan when it is distributed after adoption. She noted that BWSR does not require written response to 90-day comments and instead requested that a summary of the changes resulting from the 90-day comments be included in the transmittal letter. Administrator Jester asked for comments on the letter and read aloud one revision requested by the Commission Engineer. Commissioner Black moved to approve the transmittal letter as amended. Commissioner Elder seconded the motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. iii. Discuss Plan Printing and Distribution Administrator Jester reported that the cost of printing the plan is$500 for a printing set up fee and $80 per copy. She described printing options,stated that she recommends having Barr Engineering handle the printing, and asked who wanted a printed copy. She noted that some TAC members,state agencies,and other partners requested printed copies and that the Commission will have a few extra copies on hand for a total of 20 printed copies at current count. No Commissioners asked for printed copies indicating they could access the Plan online and/or with a CD copy. Commissioner Black moved to direct staff to print the number of copies already requested and including the printing of appendices A, B, and C. Commissioner Elder seconded the motion.The Commission discussed printing one for the Golden Valley library;Administrator Jester said she would request that the library have a printed copy available. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. Administrator Jester said that staff plans to bring a full cost accounting of the entire Plan to the BCWMC's October meeting. iv. Receive Plan Approval Documents from BWSR Administrator Jester summarized the plan approval documents that the BCWMC received from BWSR. Mr.Christopher of BWSR commented that BWSR is impressed with the Commission's Plan development process. v. Consider Approval of Resolution Adopting Plan Commissioner Black moved to adopt the Resolution Adopting the Watershed Management Plan. Alternate Commissioner McDonald Black seconded the motion. Administrator Jester thanked Greg Williams of Barr Engineering for his work with the Commission on the plan. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. B. Consider Approval of Resolution of Appreciation for Plan Steering Committee Chair, Linda Loomis Chair de Lambert read aloud the resolution of appreciation for Plan Steering Committee Chair Linda Loomis. Commissioners and staff offered comments of appreciation for Ms. Loomis' work and time. Commissioner Welch moved to adopt the resolution. Commissioner Black seconded the motion. Upon a vote,the motion 3 BCWMC September 17, 2015, Meeting Minutes carried 8-0 [City of Minnetonka absent from vote]. C. Receive Presentation on Progress of Bassett Creek Main Stem Restoration Project Through Wirth Park(2012CR-M) Ms. Andrea Weber of the Minneapolis Park and Recreation Board displayed a map of the project location and gave a PowerPoint presentation. She summarized the project,noting that originally the project was to extend to Irving Avenue South but the MPRB scaled it back. She said this change was the only change in the project's overall scope. Ms. Weber talked about the change in the project at site 1,the Fruen Mill site,due to challenges with addressing floodplain and easement issues in that area. She explained that the work at site 1 was not included in the project bid award but the MPRB hopes to do restoration at that site in the future, noting that there are new property owners. Ms. Weber showed slides of the restoration project work and described what has been completed. She mentioned side channel and trail work by the City of Minneapolis that was undertaken at the same time as the restoration project. Ms. Weber concluded by saying that the project work turned out well and the MPRB is pleased with the quality of the work performed by the contractor. Administrator Jester commented that the BCWMC has received Clean Water Grant funding for this project and the BCWMC needs to receive a final report and final reimbursement request before the grant expires at the end of the year. Commissioner Welch remarked that it would have been helpful to have had more frequent updates on this project. He said that there is a lot of disappointment in the community that the Fruen Mill site wasn't included. There was discussion about the Fruen Mill site. Ms. Weber and Ms. Eberhart answered specific questions about the project, including practices used in the area of site 6 and more information about the construction bid accepted for the project and its cost compared to the funds available to do the project. Alternate Commissioner Scanlan said he was impressed by the area viewable from Golden Valley Road, noting it was the best improvement in the area in decades. Commissioner Welch said he believes the overall project is very good and that he's glad it was accomplished. D. Consider Approval of Proposal for Preparation of Feasibility Study for Bassett Creek Main Stem Restoration Project(2017CR-M) Lois Eberhart, Water Resources Coordinator for the City of Minneapolis, introduced herself, displayed a map of the proposed project area, and described the location of the project. She summarized that the project is a creek restoration project and does not have the purpose of adding amenities. Ms. Eberhart mentioned that although at one point the idea of a park in the proposed project area was raised by the community,there is no momentum on this idea and no funding for a park has been identified. She said that because of the history of industry along the proposed project reach,the City anticipates running into some contamination that will need to be mitigated in order to do stream restoration. She showed on the screen the reach of the feasibility study and described components of the study. Ms. Eberhart presented the estimated study costs for the three proposed areas of the project including Cedar Lake Road to Irving Avenue with a proposed feasibility study cost of$72,800, Irving Avenue to the entrance to the old Bassett Creek Tunnel with a proposed feasibility study cost of$9,500,and the Fruen Mill Reach with a proposed feasibility cost of$4,500. She recommended that the feasibility study include all three areas for a total cost of$86,800. Ms. Eberhart provided historical information about the creek and how in the 1940s Mn/DOT re-routed it as part of the Highway 55 expansion. She showed on a map the original creek channel and the re-routed(new) channel and explained that there is overflow into the old channel which should still be considered part of the 4 BCWMC September 17, 2015, Meeting Minutes Main Stem. She explained that after the flooding of 2014,there was a large amount of dredging the City completed in the old channel but that a Mn/DOT-owned culvert under Olson Memorial Highway is plugged so the sediment will continue to build up.Ms. Eberhart remarked that she has contacted Mn/DOT in attempts to get the culvert cleared out but there has been no work done by MnDOT to date. She stated that a proposed BCWMC CIP project is slated for 2020 for this area. Ms. Eberhart spoke about the Bottineau(Blue Line LRT)project coming through this area that will need to address some of these items. Ms. Eberhart announced that the City of Minneapolis will contract with Barr Engineering for the feasibility study. She said it is unknown how much contamination there might be and how much Phase II work is needed. She said the proposal estimates the cost of that work at$20,500, but this extent of work might not be necessary. Ms. Chandler briefly spoke about the proposed timeline. Ms. Eberhart said that the proposed final report will come to the Commission in March 2016.Administrator Jester asked for more details on the proposed public input process. Ms. Eberhart apologized that the information wasn't obvious in the scope of services but it goes without saying that the City would be providing opportunity for public input. There was discussion. Commissioner Welch moved to authorize the Administrator to work with Ms. Eberhart to draft a letter with the Chair's signature urging Mn/DOT to immediately address the blocked culvert under Highway 55. Commissioner Mueller seconded the motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. Commissioner Welch asked about the timeline of this proposed feasibility study in regard to the Commission's CIP process.Administrator Jester replied that this project is in the Commission's 10-year CIP so the Plan Amendment process isn't necessary. Commissioner Welch said he would like to see what the most productive avenue could be to move forward. He offered remarks regarding the possible public disappointment that this project doesn't incorporate more. He said that he thinks that the public process and the Commission's role need to be specifically spelled out and before the Commission takes action on this proposal he would like to work offline with Ms. Eberhart and Engineer Chandler and anyone else who wants to be part of the discussion. Commissioner Welch raised the points that the project potentially includes invasive testing and involves multiple property owners so he thinks it would be good to get the Commission's feedback on the public process in an initial way. Ms. Chandler noted that a one-month delay in the Commission's decision wouldn't affect the project but a two-month delay in taking action could. There was extensive discussion. Alternate Commissioner Scanlan moved to approve going forward with the feasibility study for Reach 1, Cedar Lake Road to Irving Avenue, as identified in the proposal. Alternate Commissioner McDonald Black seconded the motion. Ms. Eberhart recommended that all areas be studied at the same time. Ms. Eberhart commented that she is unclear about Commissioner Welch's concerns,and she listed the public meetings that she's committing to include as part of the project such as an open meeting and talking to the neighborhoods and the redevelopment committee. She said she is not sure what could be included in this feasibility proposal to shape it differently. Ms. Eberhart noted that language about the public process could be tweaked even after the proposal has been approved if the Commission so authorizes. Commissioner Welch explained that he thinks there are complicated property issues with this project in regard to invasive work on property without an allocation of responsibility and liability among the two entities; he has concerns that the proposed agreement between the City and the Commission does not have an appropriate level of oversight; and that overall the proposal for the feasibility study is unclear.Commissioner Welch said 5 BCWMC September 17, 2015, Meeting Minutes he thinks that a better proposal could be developed for the Commission's next meeting. There was discussion. Commissioner Scanlan modified his motion to include proposed Reach 2, Irving Avenue to the entrance to the Old Bassett Creek Tunnel. Commissioner Mueller seconded the motion to amend the original motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. Administrator Jester remarked that she had been hoping for more detail in the proposal and she thinks that the parties can discuss it and improve it. Commissioner Elder moved to table this item until the Commission's next meeting. Commissioner Black seconded the motion. Upon a vote,the motion carried 8-0 [City of Minnetonka absent from vote]. [Commissioner Black departed the meeting.] E. Receive Update on 2015 Operating Budget Status Administrator Jester provided an informational update on the budget and reported that the yearly budget is on track,that some line items are over budget,but others are under budget. She predicted the Commission would end the budget year overall slightly under budget and noted that staff are continually watching the budget and expenses. F. Consider Agreement with Metropolitan Council for Reimbursement of BCWMC Expenses Related to Review of Blue Line LRT Administrator Jester reported that the agreement has been reviewed by the Commission's Legal Counsel as well as by the Met Council's legal counsel. She said the agreement is for reimbursement for up to$30,000 and is retroactive from the end of June. Commissioner Elder moved to approve entering into the agreement with the Metropolitan Council. Alternate Commissioner McDonald Black seconded the motion. Upon a vote, the motion carried 7-0 [Cities of Minnetonka and Plymouth absent from vote]. G. Consider Approval of 50% Plans for Northwood Lake Improvement Project(NL-1) Mr. Chris Long from Stantec provided a summary of the project and introduced Tyler Johnson from Stantec, who presented the 50%plans for the Northwood Lake Improvement project. Mr. Long addressed the topic of ultra violet treatment of the water before it is reused.He noted that the UV treatment is recommended by the Commission Engineer and the City is still researching that option. Mr. Long described the estimated costs of installation at$5,000-$15,000, plus maintenance of the UV system including replacement of the bulbs and cleaning of the lenses. He said that the City would like guidance from the Commission regarding UV treatment. He remarked that the Met Council's Storm Water Re-Use Guidance Manual recommends using the UV treatment. There was discussion about possibly incorporating signage that would let people know that the water is not potable and is recycled storm water,but Mr. Long pointed out that the area that will be irrigated is not closed off from park users. Mr. Long noted that the 90%design plans would be presented at the November Commission meeting and they will include a 160,000 gallon storm water reuse chamber(unlike the smaller chamber presented in these plans). Engineer Chandler went through the Commission Engineer's recommendations on the 50%plans and pointed out that an appropriation permit is required. There was discussion. Alternate Commissioner Scanlan moved to approve the 50%plans with the Commission Engineer's recommendations to authorize the City to proceed with final plans and documents. Commissioner Elder seconded the motion. Upon a vote,the motion carried 6- 0 [City of Minneapolis abstained from vote. Cities of Minnetonka and Plymouth absent from vote]. Mr. Long noted the City of New Hope would likely be requesting the use of Channel Maintenance Funds for 6 BCWMC September 17, 2015, Meeting Minutes sediment removal in adjacent ponds. He also noted he hoped for more direction on the use of UV treatment. H. Consider Approval of 50% Plans for Honeywell Pond Expansion Project (BC-4) Mr. Jeff Oliver,City Engineer for City of Golden Valley, summarized the project and introduced Mr. Jake Newhall of WSB &Associates. Mr. Newhall provided a PowerPoint presentation of the 50%plans, summarized the project funding,and mentioned separate,non-Commission projects being constructed in the area at the same time. He responded to comments and questions. [Alternate Commissioner McDonald Black departed the meeting.] Engineer Chandler summarized the Engineer's comments. She noted that clarification is still needed about whether an appropriation permit is required. Mr.Newhall stated that only one of the Engineer's comments remains to be addressed: Item 4—Pumping for Irrigation of Sandburg fields. He said that this will be addressed with the 90%plans.There was discussion. Mr. Oliver responded to questions about the amount of water available for irrigation and the bounce within the pond. Commissioner Welch moved to authorize the City of Golden Valley to proceed with final plans and contract documents. Alternate Commissioner Scanlan seconded the motion. Upon a vote,the motion carried 6-0 [Cities of Golden Valley, Minnetonka, and Plymouth absent from vote]. I. Receive Invitation for NEMO Workshop for Local Officials on Winter Maintenance & Use of Chlorides Administrator Jester announced that there will be a NEMO workshop for local leaders regarding winter road and parking lot management on October 7 from 6-8:30 p.m. at the City of Minnetonka Public Works Facility. Ms. Stout said that the event also includes a tour of the City's public works facilities and meeting some of the equipment operators. J. Consider Volunteering at Golden Valley Arts and Music Festival Administrator Jester updated the Commission about the volunteer schedule for the event. 6. COMMUNICATIONS A. Administrator: i. Administrator Jester said she attended the Clean Water Summit at the U of M Landscape Arboretum, and she provided a summary. She reported that one take away from the Summit was a presentation on chloride pollution,critical reasons for cities and watershed organizations to be addressing the pollution and the use of pervious pavements to reduce the need for salt. She noted there was a study in Robbinsdale comparing salt use on pervious vs. traditional pavements. Commissioner Welch asked for more information on Administrator Jester's take-aways about the pervious pavement. Mr. Oliver brought up long-term sustainability questions of these technologies and long-range effectiveness questions.Mr. McCoy noted the U of M is submitting a grant application to continue its research on pervious pavements in Robbinsdale and that one of their study sites is actually in the Bassett Creek watershed. He said the BCWMC could write a letter of support for the research and the grant application. Commissioner Welch moved that the BCWMC provide a letter of support for the continuation of the U of M's research project on pervious pavement. Commissioner Mueller seconded the motion. Upon a vote,the motion carried 5-0 [Cities of Golden Valley, Minnetonka,New Hope,and Plymouth absent from vote]. 7 BCWMC September 17, 2015, Meeting Minutes ii. Administrator Jester reported that the Commission's education materials had been used at several events in the last few months. iii. Administrator Jester reported that staff is creating a press release regarding the BCWMC's 2015 volunteer recognition. iv. Administrator Jester announced an upcoming Aquatic Invasive Species training event. [Commissioner Elder departed the meeting.] B. Chair: No Chair Communications C. Commissioners: i. Commissioner Welch gave an update about former BCWMC administrator Geoff Nash. ii. Commissioner Mueller reported that he has been reading about constructed wetlands and asked if the Commission's technical staff would look into the research about constructed wetlands from time to time to stay current. D. TAC Members: i. Mr. Erick Francis reported that the TAC met on September 8 to discuss the BCWMC Channel Maintenance Fund policy and the study on the roles and responsibilities for long term maintenance of the Flood Control Project. He said that the TAC will continue the discussion at its next meeting on November 5th . ii. Mr. Jeff Oliver updated the Commission on an unauthorized project at a residence in the Hidden Lakes neighborhood and the actions that the City of Golden Valley,the DNR,and Hennepin County have taken including cease and desist orders, stop work orders, and restoration orders. iii. Ms. Liz Stout announced that this will be her last BCWMC meeting as a representative of the City of Minnetonka because she has taken a new position with the City of Minneapolis starting in October. E. Committees: No Committee Communications F. Legal Counsel: i. Attorney Gilchrist commented that he is glad to be here as the BCWMC's legal counsel. G. Engineer: No Engineer Communications 7. INFORMATION ONLY (Available at http://www.bassettcreekwmo.org/Meetings/2015/2015- September/2015SeptemberMeetingPacket.htm) A. CIP Project Update Chart B. Grant Tracking Summary and Spreadsheet C. The Future of Our Water Supply, League of Women Voters Event, 9/24/15, 7-8:30 p.m.,Crystal Community Center D. West Metro Water Alliance Meeting Minutes,July 2015 and August 2015 E. Pollinator-Friendly Alliance Event, Sunday, September 13, 1-6 p.m., Stillwater 8 BCWMC September 17, 2015, Meeting Minutes 8. ADJOURNMENT Commissioner Welch moved to adjourn the meeting. Alternate Commissioner Scanlan seconded the meeting. Chair de Lambert adjourned the meeting at 11:25 a.m. Recorder Date Secretary Date 9 city of . olden MEMORANDUM valley Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 3. D. 1. Award Douglas Drive Power Service Conversion Contract No. 10-04 Prepared By Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary Since the conception of the Douglas Drive Corridor (CSAH 102) Reconstruction Project in 2009, beautification of the corridor has been an important aspect of the project. Specifically, burial of the overhead utilities and removal of the aged power poles along the length of the corridor has been one of the top priorities. At its July 7, 2015, City Council Meeting, the Council authorized a Statement of Work agreement with Xcel Energy to convert the existing overhead power system to an underground system. As a result of the conversion, many properties that are served with overhead power services will need to have their meters converted to allow for underground power service. In total, there are 16 single-family homes, 3 duplexes, and 3 apartment buildings that require meter conversions. Staff solicited quotes for the Douglas Drive Power Service Conversion Contract and the results are listed below: Nelson Electric, Inc. $49,300.00 Muska Electric Co. $67,300.00 Egan Co. $74,630.00 Staff has reviewed the quotes and have found them to be acceptable, in order, and within the amount budgeted for this work. Funding for the Douglas Drive Power Service Conversion Contract is included in the Douglas Drive section of the 2015-2019 Capital Improvement Program (DD-001, page 104). Recommended Action Motion to authorize Douglas Drive Power Service Conversion Contract between the City and Nelson Electric, Inc. in the amount of$49,300.00. City of golden11 M Valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley Council Meeting November 4, 2015 Agenda Item 3. E. MCES Sewer Deferral Program Prepared By Sue Virnig, Finance Director Summary Staff has had its first request from an applicant to defer their sewer availability charge (SAC). Staff reviewed the program offered through the Metropolitan Council and would like to provide the following program for those qualifying businesses. In order for the program to be offered the City must approve a Master SAC Deferral Agreement. The following must be provided with the Master SAC Deferral Agreement: • Qualifying SAC liabilities (businesses with total determinations of 25 units or fewer), MCES allows the community to defer up to 80%of SAC due; however, a community can set a maximum that is lower but cannot be higher. Once this community maximum is set,the percentage deferred for each individual site deferral can be lower than this maximum but cannot be higher (e.g., a community chooses a 75% maximum, but a business chooses to pay 50% up front). o Staff recommends the percentage to defer is up to 80%. Each applicant may select the percentage they so choose to defer. • Deferment period (term): Choose any whole number up to a maximum of 10 years. This term will apply to all individual deferments from the community. However, note that the Agreement allows any individual deferment to prepay the remaining principal (and interest up to the payoff date) at any time. o Staff recommends the term is a maximum of 5 years. The applicant may reduce the term or payoff early. • Timing of payments: MCES prefers annual payments due each year on the anniversary the Agreement was signed, but Communities may request a different payment schedule, as long as it applies to all deferments in the community. Semi-annual payments are also allowed, on any month-end during the year- such a schedule may be preferred that corresponds with local SAC collections, assessments, or other payments from businesses. o Staff recommends biannual payments due June 30 and December 31. MCES sets the interest rate pursuant to Minnesota Statutes section 476.517. Those interested would fill out an application for eligibility from the City of Golden Valley. Staff would review the application. If accepted, the Building Official would submit to MCES the MCES SAC-E form. Attachments • Master SAC Deferral Agreement (7 pages) • Golden Valley Sewer Availability Charge (SAC) Deferral Program Application (2 pages) • MCES 2015 SAC Deferral Report (1 page) Recommended Action Motion to allow City Manager and Mayor to sign contract for Master SAC Deferral Agreement. COMMUNITY: City of Golden Valley No. COMMUNITY ADDRESS: 7800 Golden Valley Rd CONTACT PERSON: Jerry Frevel, Building Official COMMUNITY-WIDE SAC DEFERRED AMOUNT: 80% COMMUNITY-WIDE SAC DEFERMENT PERIOD: 5 years PAYMENT MONTH(s): 60 months; biannual payment MASTER SAC DEFERRAL AGREEMENT THIS MASTER SAC DEFERRAL AGREEMENT ("Agreement") is entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, with business offices at 390 Robert Street North, Saint Paul, Minnesota 55101 ("Council"), and the local government unit identified above as the "Community." Recitals 1. The Council owns and operates the metropolitan disposal system. Under Minnesota Statutes section 473.517, subdivision 3, the costs of acquisition, betterment and debt service associated with the "reserve capacity" of the system must be allocated among and paid by the respective local government units in the metropolitan area through a sewer availability charge ("SAC") for each new connection or increase in capacity demand to the metropolitan disposal system within each local government unit. 2. Individual property or business owners whose properties are either newly connected or increase capacity demand to the metropolitan disposal system do not pay SAC to the Council. However, local government units that pay SAC to the Council for new connections or increased capacity demands typically pass on those costs to property and business owners by assessing property and business owners a "Local SAC" which sometimes includes local add-on charges. 3. Minnesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the deferment of payment of all or part of the allocated costs which are allocated by the Council to a local government unit in any year pursuant to section 473.517, subdivision 3. The deferments are repayable at such time or times as the Council shall specify, with interest. 4. At its November 28, 2012 meeting, the Council adopted changes to its SAC program including a small business SAC deferral program. The changes became effective January 1, 2013. At its January 22, 2014 meeting, the Council adopted changes to the SAC deferral program that became effective immediately upon adoption. 5. The Council wants to encourage and help communities promote business development by deferring community SAC payment obligations pursuant to Minnesota Statutes section 473.517, subdivision 6, so participating communities may pass through to businesses the benefits of deferred SAC payments by the communities. The Council's Sewer Availability Charge Procedure Manual Page 1 of 7 Pages (January 2014) states that communities that want to participate in a SAC deferral program must execute a standard master SAC deferral agreement with the Council. 6. To obtain a deferment of a SAC payment obligation and provide assistance to businesses, communities will submit to the Council a signed master SAC deferral agreement. For the term of the master agreement,communities will have the option to note on their monthly SAC reporting,on forms as provided by the Council, the eligible SAC liabilities for which the communities are requesting a SAC payment deferment from the Council. For each such subject SAC liability the deferment will be effective as of the first day of the subsequent month (e.g., for an April building permit that is reported for SAC in May, the deferment will be effective as of June 1). 7. In order to define the rights and obligations of the Community and the Council and the relevant SAC deferral arrangements, the Community and the Council agree as follows: Article 1 - Definitions 1.1 Definition of Terms. Unless otherwise provided or indicated by the context, the terms defined in this article have the meanings given them in this article. Capitalized terms or phrases used in this Agreement have the meanings given them in the most recent version of the Council's Sewer Availability Charge Procedure Manual(the "SAC Procedure Manual"). (a) Community. "Community" means a "Community" or "Customer Community" as those terms are defined in the SAC Procedure Manual. (b) Determination. "Determination" has the meaning ascribed to that term in the SAC Procedure Manual. (c) Regional Portion of Local SAC. The "Regional Portion of Local SAC" means that portion of the Community's SAC payment obligations to the Council that the Community passed on to properties within the Community's jurisdiction and does not include any local add-on charges. (d) SAC Deferred Amount. "SAC Deferred Amount" means the amount of the Community's SAC obligation under Minnesota Statutes section 473.517, subdivision 3 that has been deferred pursuant to Minnesota Statutes section 473.517, subdivision 6 and the terms and conditions of this Agreement. (e) Business. "Business"means a property or business for which the aggregate SAC Determination results in a liability of twenty-five (25) SAC units or less, before application of any Credits available on the Site. Business does not include any type of"Residential Property" or"Publicly Assisted Housing" as those terms are defined in the SAC Procedure Manual; nor does it include motels, hotels, camps, nursing homes, senior housing or prisons. Business includes "Commercial Properties," as that term is defined in the SAC Procedure Manual, but only when the aggregate SAC Determination for a Commercial Property is twenty-five (25) SAC units or less, before any applicable Credits. Page 2 of 7 Pages Article 2 —SAC Deferred Amount; Interest; Payments 2.1 SAC Deferred Amount. Subject to the terms and conditions of this Agreement and applicable law, the Council will allow the Community to defer payment on the Community's SAC obligations for Business properties within the Community's jurisdiction in an amount not to exceed eighty percent (80%) of the SAC due for the properties that are either newly connected or increase capacity demand to the metropolitan disposal system. The percentage by which the Community elects to defer payment on the Community's SAC obligations must be applied on a community-wide basis to all participating Businesses within the Community's jurisdiction. The "Community-Wide SAC Deferred Amount" is stated as a percentage on Page 1 of this Agreement. The deferment is available only to properties for which the aggregate Determination is twenty-five (25) SAC units or less. In each instance in which the Community exercises this deferment option, the SAC amount that is not deferred is due and payable at the time the SAC liability is incurred by the Community. Payments on the non-deferred amounts are due with the regular SAC reporting to the Council, pursuant to the SAC Procedure Manual. The deferred SAC liability begins accruing interest on the first day following the regular SAC reporting. 2.2 Interest. Annually at each calendar year-end,the Council will determine the average rate on its wastewater bonds, pursuant to Minnesota Statutes section 473.517, subdivision 6. All new SAC deferments during the following calendar year will be subject to that interest rate,but that interest rate will be fixed for the duration of the deferment period for each deferral originated in that calendar year. Interest on unpaid SAC Deferred Amount balances will be computed in whole months, however, payments to the Council can be annual. 2.3 Payments. When the Council invoices the Community for payments on its SAC Deferred Amount, the Council will provide the Community with a payment schedule that amortizes the SAC Deferred Amount and interest on that deferred amount over the term of the deferment period. The Community's payment schedule will list the Business properties for which the Community elected to defer payments on the Community's SAC obligations to the Council. The Community will make payments to the Council at least annually. The Community may elect to make payments semi- annually or more frequently to correspond with the Community's Local SAC collections,assessments or other payments from Businesses, but the same payment schedule must apply to all Community SAC Deferred Amounts. The month(s) the Community elected to make its SAC payments to the Council under the payment schedule are identified on Page 1 of this Agreement as the "Payment Month(s)." The Community may repay or prepay the Council the unpaid balance of a SAC Deferred Amount at any time prior to the end of the deferment period. Any repayment or prepayment made by the Community shall be without penalty to the Community. The Community's payment schedule will be recalculated during the term of the deferment period to reflect: (a)repayments or prepayments by the Community; (b)the Community's election(if any)to discontinue making payments on its SAC Deferral Amount for a Site pursuant to Section 4.2(b); (c) any Community payments to the Council pursuant to Section 4.1(b);or (d) the addition of new Business properties for which the Community elects to defer payment on the Community's SAC obligations to the Council. 2.4 Local SAC Payments from Businesses. Subject to the limitation stated in Sections 3.2 and 4.1, the Community may enter into a payment or other agreement with each Business for payment of Local SAC to the Community on terms and conditions agreed to by the Community and the Business. Except as described in Section 4.2, failure of a Business to make its Local SAC payments to the Community or the Community's failure (or choice) not to assess or collect Local SAC from a Business shall not relieve the Community of its obligation to pay the Council any unpaid SAC Page 3 of 7 Pages Deferred Amount, plus interest, or otherwise meet its SAC payment obligations under Minnesota Statutes section 473.517, subdivision 6 or other law. Article 3 - Term of Deferments 3.1 Term of Agreement. Unless otherwise terminated pursuant to this Agreement, this Agreement shall remain in force and effect until the term of the last deferment period expires for Business properties listed on the Community's payment schedule. The Council reserves the right to cancel, suspend or modify its SAC deferral program at any time and for any reason upon thirty(30) calendar days written notice to the Community. If the Council cancels, suspends or modifies its SAC deferral program it will honor all existing SAC deferrals which the Community elected to make under this Agreement prior to the cancellation, suspension or modification. The Community is responsible for giving timely notice to the Community's participating Businesses or prospective participant Businesses of any cancellation, suspension or modification of the Council's SAC deferral program that may affect the Community's local SAC deferral program. 3.2 Term of Deferment. The Community elects the term of the SAC deferments between the Council and the Community, but the maximum term of a Community's SAC deferment shall not exceed ten (10)years. The Community may have only one SAC deferment period and must have the same SAC deferment period for all Business properties covered by this Agreement. The Community's "Community-Wide SAC Deferment Period" is identified on Page 1 of this Agreement. Article 4—Local SAC Deferrals 4.1 Local Terms and Conditions. The Community will be responsible for identifying property and business owners that qualify for the Community's SAC deferral program pursuant to any Community terms or conditions. The Council will disapprove a Community deferment request only if a property or business owner does not qualify as a Business as defined in this Agreement. Because the Council's SAC deferral program is intended to benefit Businesses, the Community must administer its local SAC deferral program in a revenue-neutral manner. The Community agrees its SAC payments to the Council will not be less than the Regional Portion of Local SAC payments the Community receives from participating Businesses. (a) Local Deferment Period. The Community agrees it will not allow a Business a less generous deferment period (i.e., a shorter deferment period) for payment of the Regional Portion of Local SAC than the term of the Community's Community-Wide Deferment Period. This Agreement is not intended to govern the payment or deferment of any local add-on charges by the Community (if any) for Business properties. (b) Local Deferred Amount. The Regional Portion of Local SAC deferred by the Community for a Business's benefit shall not be less than the Community's SAC Deferred Amount. If a Business elects to prepay the Community some or all of the Regional Portion of Local SAC deferred by the Community, the Community must make a like payment to the Council to cover the Community's SAC obligations to the Council for the Business property. If a Business elects to prepay some of the Regional Portion of Local SAC deferred by the Community the Council will recalculate the Community's payment schedule. Page 4 of 7 Pages 4.2 Unpaid Local SAC. If a Business ceases operations or moves from the Site and does not require the incremental wastewater capacity represented by the SAC deferral, the Community may exercise one of the following two options: (a) Continue SAC Payments. The Community may continue to make its payments to the Council under the payment schedule. If the Community elects this option it will accrue SAC Credits for the Site in accordance with the SAC Credit provisions of the SAC Procedure Manual. (b) Discontinue SAC Payments. The Community may discontinue making its payments to the Council on the Community's SAC Deferral Amount for the Site. The Community must notify the Council if the Community elects this option and it must certify to the Council that the incremental capacity no longer is needed at the Site. The Community is responsible for making all SAC payments on the SAC Deferral Amount that were due prior to the notice. The Site will not be credited with the portion of the wastewater capacity not paid (for future SAC Determinations), but will receive Credit for actual SAC paid (including partial units). No Community SAC deferral payments to the Council will be refunded. Net Credits will be available to the Community for Community-Wide Credits only if a new SAC Determination establishes a permanent reduction of capacity demand. 4.3 Late Community Payments. If the Community makes a late SAC deferral payment to the Council, an additional administrative charge of two percent (2%) of the unpaid balance of the SAC Deferred Amount per month (or such higher interest rate allowable under law) will be applied. Article 5 - Notices 5.1 Written Notices. Any notice, request, demand and other correspondence required by or made in accordance with this Agreement shall be in writing and delivered: To the Council: Metropolitan Council Attn: MCES Finance Director 390 Robert Street North Saint Paul, Minnesota 55101-1806 To the Community: The Community's "Contract Person" identified on Page 1 At the "Community Address" identified on Page 1 5.2 Notice Delivery. Any notices or other correspondence shall be deemed to have been received: (a)three (3)calendar days after the date on the notice if the notice is sent by U.S. Mail; or(b)the next business day from the date on the notice if the notice is sent by facsimile or by e-mail. Article 6 - Defaulting Liabilities 6.1 Liability. To the extent permitted or authorized by law, the Community will hold the Council harmless and indemnify the Council against any actions, charges, claims, costs, damages, demands, expenses, liabilities, losses and proceedings which the Council may suffer or be subject to as a result of any default by a Business or the Community of the Community's SAC payment obligations under this Agreement or under applicable law. A Business's failure to pay Local SAC shall not relieve the Community of its obligation to pay the Community's SAC obligations to the Council. Nothing in this Agreement shall be interpreted as a waiver of any liability limitations or immunities granted to Page 5 of 7 Pages the Council and the Community by Minnesota Statutes chapter 466 or by other applicable state or federal law. 6.2 Survival of Terms. Notwithstanding any other provision of this Agreement, the validity of this Article and the Community's obligation to pay its SAC obligations shall survive the expiration or termination of this Agreement. Article 7 - Miscellaneous 7.1 Dispute Resolution. Any dispute arising under this Agreement shall be settled through consultations between the Council's and the Community's representatives. If an agreement regarding a dispute cannot be reached within thirty (30) days upon notice of a dispute from the Council or the Community, either party is then entitled to bring such dispute before the courts of this state or take such action as otherwise allowed by law. 7.2 Exercise of Rights. Any rights,powers and remedies granted to the Council and the Community by this Agreement shall not preclude or limit any other rights, powers and remedies available to the Council or the Community in accordance with law and other provisions of this Agreement. The exercise of any rights, powers and remedies by the Council or the Community shall not preclude the Council or the Community from exercising any other rights, powers and remedies available to the Council or the Community. No failure or delay by the Council or the Community to exercise any of their respective rights, powers and remedies under this Agreement or in accordance with applicable laws shall be construed as a waiver of such rights, powers, and remedies. The waiver of any right, power or remedy, in whole or in part, shall not preclude the Council or the Community from exercising any of their other respective rights, powers or remedies. 7.3 Severability of Provisions. Each provision in this Agreement shall be severable from and independent of the other provisions. If one or more provisions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in force and effect. 7.4 Amendments and modifications. Any amendments or modifications to this Agreement shall be in writing and shall become effective only upon execution of the amendment by the Council's and the Community's authorized representatives. 7.5 Assignment. The Community shall not assign any of its rights or obligations under this Agreement to any third party, even if the Site which was the subject of the SAC liability is removed from the jurisdiction of the Community. The Community may not barter,trade, sell or otherwise treat any SAC payment obligation deferments or SAC Credits as a commodity and the Council will not honor any agreements between the Community and any third parties that purport to barter, trade, sell or otherwise treat any SAC payment obligation deferments or SAC Credits as a commodity. 7.6 Successors. This Agreement shall be binding on the legal successors of the Council and the Community, whether by operation of law or otherwise. 7.7 Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Community and the Council represent and warrant on the Community's and the Council's behalf respectively that the individuals are duly authorized to execute this Agreement on the Community's Page 6 of 7 Pages and the Council's behalf respectively and that this Agreement constitutes the Community's and the Council's valid, binding and enforceable agreement. IN WITNESS WHEREOF, the Community and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. COMMUNITY METROPOLITAN COUNCIL By: By: Print Name: Print Name: Title: Title: Date: Date: By: Print Name: Title: Date: Page 7 of 7 Pages city of goldenl � va ey 7800 Golden Valley Road Golden Valley. MN 55427 SEWER AVAILABILITY CHARGE (SAC) DEFERRAL PROGRAM APPLICATION BUSINESS INFORMATION Business Name: Business Address: Business Contact: Title: Principals and Titles: Telephone: E-Mail: PROPERTY OWNERSHIP INFORMATION Property Owner: Address: Telephone: E-Mail: SAC UNIT DETERMINATION The Metropolitan Council has established a total Sewer Availability Charge (SAC) Unit Determination for the Business, including all leased/owned space at the above address(attach the SAC determination letter): Gross Units; Credits; Net Units; Rounded Units Note: Gross Units will be rounded down at x.49 or less, and units will be rounded up at x.50 or more. PROGRAM ELIGIBILITY SAC Unit(Gross)determination is between 2.50 and 25.49 units? Yes, No • If your gross determination is between 2.50 and 25.49 units, you may apply for a deferral of Met Council SAC and City of Golden Valley sewer connection charges. Phone 763.593.8090/Fax 763.593.3997/www.goldenvalleymn.gov The SAC Unit determination allows me to apply for the following fee deferrals to be paid to the City of Golden Valley monthly for sixty (60) months as defined in a Payment Agreement to be executed between the Property Owner and the City: Metropolitan Council SAC($2,485 per unit in 2015) Eligibility is also based on answering "Yes"to all six questions below: 1, _Yes/ No Property tax payments are current? 2. _Yes/_No The business is in good standing with the State of Minnesota? 3. _Yes/_No The property is in compliance with Golden Valley City Code? 4. _Yes/_No The SAC determination is three(3.0)or more gross units? 5. Yes/ No The property is located within the City of Golden Valley? AUTHORIZATION I have read and understand the Master SAC Deferral Agreement with MCES and the City of Golden Valley. I hereby certify that the above statements are true and correct to the best of my knowledge. I understand that any false statements may disqualify me or this business from the Prior Lake Sewer and Water Fee Deferral Program. Business Signature: Date: Property Owner Signature: Date: Page 2 of 2 Metropolitan Council I Environmental Services MCES SAC-E Form 390 Robert Street North Last Updated: 12/10/2014 Lommw-- St. Paul, Minnesota 55101-1805 651.602.1378 1651.602.1030 fax Sewer Availability Charge(SAC) 2015 SAC DEFERRAL REPORT Customer Community Deferral Agreement # Reporting Period (month or quarter) Year Business Name: Business Address: Permit Number: Deferral Start Date(1st Day of Month after Report Due): Permit Issue Date: Percentage To Be Financed(Maximum 80%): Deferral Amount: x%Financed= x = (e.g. 8 SAC x 80%=6.40) #of Total SAC Units Deferral Amount in Units Current SAC Rate Deferral Amount in Dollars Original SAC Payment: This amount needs to be entered on the SAC-A Activity Summary Report (e.g. 8 SAC x 20%=1.60) Down Payment in Units Business Name: Business Address: Permit Number: Deferral Start Date(1st Day of Month after Report Due): Permit Issue Date: Percentage To Be Financed(Maximum 80%): Deferral Amount: x%Financed= x = (e.g. 8 SAC x 80%=6.40) #of Total SAC Units Deferral Amount in Units Current SAC Rate Deferral Amount in Dollars Original SAC Payment: This amount needs to be entered on the SAC-A Activity Summary Report (e.g. 8 SAC x 20%=1.60) Down Payment in Units Business Name: Business Address: Permit Number: Deferral Start Date(1st Day of Month after Report Due): Permit Issue Date: Percentage To Be Financed(Maximum 80%): Deferral Amount: x%Financed= x = (e.g. 8 SAC x 80%=6.40) #of Total SAC Units Deferral Amount in Units Current SAC Rate Deferral Amount in Dollars Original SAC Payment: This amount needs to be entered on the SAC-A Activity Summary Report (e.g. 8 SAC x 20%=1.60) Down Payment in Units Business Name: Business Address: Permit Number: Deferral Start Date(1st Day of Month after Report Due): Permit Issue Date: Percentage To Be Financed(Maximum 80%): Deferral Amount: x°i°Financed= x = (e.g. 8 SAC x 80%=6.40) #of Total SAC Units Deferral Amount in Units Current SAC Rate Deferral Amount in Dollars Original SAC Payment: This amount needs to be entered on the SAC-A Activity Summary Report (e.g. 8 SAC x 20%=1.60) Down Payment in Units Total Original SAC Unit Payments: Total Deferral Place this amount on SAC-A Report Amount: To Be Financed city of , golden i MEMORANDUM vai Administrative Services Department �T 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 3. F. Receipt of September 2015 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: - General Fund Operations - Conservation/Recycling Fund (Enterprise Fund) - Water and Sewer Utility Fund (Enterprise Fund) - Brookview Golf Course (Enterprise Fund) - Motor Vehicle Licensing (Enterprise Fund) - Storm Utility Fund (Enterprise Fund) - Equipment Replacement Fund (Capital Projects Fund) General Fund Operations: As of September 2015,the City is using fund balance of$1,289,458 to balance the General Fund Budget. The next receipt of property taxes is due early December 2015. Attachments • September 2015 General Fund Financial Reports (2 pages) • September 2015 Conservation/Recycling Fund (1 page) • September 2015 Water and Sewer Utility Fund (1 page) • September 2015 Brookview Golf Course (1 page) • September 2015 Motor Vehicle Licensing (1 page) • September 2015 Storm Utility Fund (1 page) • September 2015 Equipment Replacement Fund (1 page) Recommended Action Motion to receive and file the September 2015 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Expenditures September, 2015 (unaudited) Over % 2015 September YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 001 Council $330,450 31,511 266,172 ($64,278) 80.55% 003 City Manager 774,940 50,855 499,047 (275,893) 64.40% 004 Transfers Out 475,000 0 475,000 0 100.00% (1) 005 Admin. Services 1,726,920 66,483 1,216,623 (510,297) 70.45% 006 Legal 139,050 6,515 74,413 (64,637) 53.52% (2) 007 Risk Management 300,000 2,921 185,227 (114,773) 61.74% 011 General Gov't. Bldgs. 560,590 34,318 351,994 (208,596) 62.79% 016 Planning 303,780 21,206 194,278 (109,502) 63.95% 018 Inspections 704,575 47,590 463,357 (241,218) 65.76% 022 Police 5,568,860 351,426 3,470,453 (2,098,407) 62.32% 023 Fire 1,255,045 81,938 852,835 (402,210) 67.95% 035 Physical Dev Admin 285,180 18,491 183,734 (101,446) 64.43% 036 Engineering 759,890 56,220 467,433 (292,457) 61.51% 037 Streets 1,473,370 126,885 913,264 (560,106) 61.98% 065 Community Center 75,615 3,765 41,656 (33,959) 55.09% 066 Park& Rec. Admin. 698,640 43,109 483,415 (215,225) 69.19% 067 Park Maintenance 1,095,740 81,458 761,316 (334,424) 69.48% 068 Recreation Programs 374,490 11,068 216,984 (157,506) 57.94% TOTAL Expenditures $16,902,135 $1,035,759 $11,117,201 ($5,784,934) 65.77% (1)This transfer was made in June, 2015. (2) Legal services are through August. City of Golden Valley Monthly Budget Report-General Fund Revenues September 2015 (unaudited) Percentage Of Year Completed 75.00% Over % 2015 Sept YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $13,266,155 8,676 6,858,957 ($6,407,198) 51.70% (1) Licenses 221,565 5,065 220,158 ($1,407) 99.36% Permits 800,000 107,174 948,855 $148,855 118.61% Federal Grants 0 0 7,383 $7,383 State Aid 261,600 0 149,915 ($111,685) 57.31% (2) Hennepin County Aid 31,205 0 31,205 $0 (3) Charges For Services: General Government 19,065 1,636 29,482 $10,417 154.64% Public Safety 176,120 11,954 133,649 ($42,471) 75.89% Public Works 141,000 15,091 116,722 ($24,278) 82.78% Park& Rec 396,300 54,976 282,995 ($113,305) 71.41% Other Funds 841,500 63,128 594,874 ($246,626) 70.69% Fines& Forfeitures 320,425 29,041 222,561 ($97,864) 69.46% (4) Interest On Investments 100,000 0 0 ($100,000) 0.00% (5) Miscellaneous Revenue 227,200 18,366 155,987 ($71,213) 68.66% Transfers In 100,000 8,333 75,000 ($25,000) 75.00% (6) TOTAL Revenue $16,902,135 $323,440 $9,827,743 ($7,074,392) 58.14% Notes: (1) Payments are received in July, December, and January(delinquencies). (2) Police Training will be paid in August. Safe and Sober is billed on time spent. (3)Violent Offenders Task Force is run by Hennepin County. (4) Fines/Forfeitures are through August 2015. (5) Investment income is allocated at year end. (6)Transfers are monthly. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund September 2015 (unaudited) Over 2015 Sept YTD (Under) Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,770 0 32,369 (24,401) 57.02% Recycling Charges 332,875 25,145 219,490 (113,385) 65.94% Miscellaneous Revenues 3,000 0 0 (3,000) Interest on Investments 9,000 0 0 (9,000) 0.00% (1) Total Revenue 401,645 25,145 251,859 (149,786) 62.71% Expenses: Recycling 451,460 4,292 240,325 (211,135) 53.23% (2) Total Expenses 451,460 4,292 240,325 (211,135) 53.23% (1) Interest Earnings are allocated at year-end. (2) Republic Services are billed through July. Rebate YTD-$578.28 City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund September, 2015(unaudited) Over 2015 Sept YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,360,500 378,705 2,907,022 (1,453,478) 66.67% Emergency Water Supply 183,600 14,584 116,853 (66,747) 63.65% (1) Sewer Charges 3,276,450 206,220 2,379,510 (896,940) 72.62% Meter Sales 8,000 1,621 11,566 3,566 144.58% MCES Grant Program 0 4,316 32,683 32,683 Penalties 110,000 39,341 144,526 34,526 131.39% Charges for Other Services 90,000 3,975 195,856 105,856 217.62% State Water Testing Fee Pass Through 45,500 3,400 30,727 (14,773) 67.53% Sale of Assets/Misc Receipts 10,000 20,824 2,518 (7,482) 25.18% Certificate of Compliance 75,000 10,450 74,375 (625) 99.17% Interest Earnings 15,000 0 0 (15,000) 0.00% Total Revenue 8,174,050 683,436 5,895,636 (2,278,414) 72.13% Expenses: Utility Administration 2,436,590 55,154 1,175,262 (1,261,328) 48.23% Sewer Maintenance 2,752,485 223,627 2,095,232 (657,253) 76.12% Water Maintenance 4,571,485 367,689 3,812,266 (759,219) 83.39% Total Expenses 9,760,560 646,470 7,082,760 (2,677,800) 72.57% (1) First payment of$216,720 is due on 10/31/15. City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund September, 2015 (unaudited)Course Opened March 13, 2015 Over 2015 Sept YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 838,265 104,798 827,722 (10,543) 98.74% Driving Range Fees 105,000 15,887 141,583 36,583 134.84% Par 3 Fees 137,370 16,234 155,550 18,180 113.23% Lawn Bowling 38,000 8,533 43,123 5,123 113.48% Pro Shop Sales 80,000 10,753 81,767 1,767 102.21% Pro Shop Rentals 244,000 36,051 247,589 3,589 101.47% Concession Sales 281,000 56,541 362,306 81,306 128.93% Other Revenue 72,280 1,107 69,595 (2,685) 96.29% Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (35,000) (7,632) (20,581) 14,419 58.80% Total Revenue 1,762,915 242,272 1,908,654 145,739 108.27% Expenses: Golf Operations 682,945 58,891 530,162 (152,783) 77.63% (2) Course Maintenance 695,665 47,377 492,977 (202,688) 70.86% Pro Shop 106,300 7,491 116,661 10,361 109.75% Grill 244,355 22,878 230,077 (14,278) 94.16% Driving Range 49,715 7,218 46,849 (2,866) 94.24% Par 3 Course 25,770 2,180 20,455 (5,315) 79.38% Lawn Bowling 20,175 1,744 12,532 (7,643) 62.12% Total Expenses 1,824,925 147,779 1,449,713 (375,212) 79.44% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund September 2015(unaudited) Over 2015 Sept YTD (Under) Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Charges for Services 406,330 33,417 304,804 (101,526) 75.01% Total Revenue 408,330 33,417 304,804 (103,526) 74.65% Expenses: Motor Vehicle Licensing 408,330 29,182 284,463 (123,867) 69.66% Total Expenses 408,330 29,182 284,463 (123,867) 69.66% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund September, 2015(unaudited) Over 2015 Sept YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 0 (45,000) 0.00% (1) Storm Sewer Charges 2,228,920 180,426 1,641,014 (587,906) 73.62% Bassett Creek Watershed 1,453,000 0 97,141 (1,355,859) 6.69% Miscellaneous Receipts 0 0 0 0 State Grant-Other 0 0 0 0 Total Revenue 3,726,920 180,426 1,738,155 (1,988,765) 46.64% Expenses: Storm Utility 2,510,590 31,897 1,088,622 (1,421,968) 43.36% (2) Street Cleaning 125,535 769 62,594 (62,941) 49.86% Environmental Control 294,465 42,103 215,026 (79,439) 73.02% Debt Service Payments 171,220 0 170,717 (503) 99.71% Total Expenses 3,101,810 74,769 1,536,959 (1,564,851) 49.55% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. 2015 Equipment Replacement Fund(CIP)-Fund 5700(3) 2015 Sept YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 800,000 802,830 810,830 10,830 Sale of Assets 35,000 10,932 30,932 (4,068) Miscellaneous 0 940 3,566 3,566 Interest Earnings(allocated at year end) 20,365 0 0 (20,365) Total Revenues 855,365 814,702 845,328 (10,037) Expenditures: Program# Project Number Project Name 5700 Bond Expenditures 0 0 10,588 (10,588) 5701 V&E-001 Marked Squad Cars(Police) 75,000 0 64,361 10,639 (1) 5702 V&E-002 Computers and Printers(Finance) 80,000 6,159 60,142 19,858 5703 V&E-004 Phone System(Finance) 69,500 0 0 69,500 5712 V&E-024 Unmarked Police Vehicle 34,000 0 35,623 (1,623) 5737 V&E-027 Rotary Mower(Park) 98,000 0 95,641 2,359 5793 V&E-050 Bobcat Toolcat 50,000 0 46,000 4,000 (2) 5742 V&E-082 Fire Pumper 575,000 303,718 592,643 (17,643) 5762 V&E-091 Pickup Truck(Park) 50,000 0 27,443 22,557 5800 V&E-087 Pickup Truck(Fire) 40,000 0 30,314 9,686 5786 V&E-083 Passenger Vehicle(Fire) 40,000 0 30,222 9,778 5722 V&E-127 800 Mhz Radios(Fire) 165,500 0 151,556 13,944 5721 V&E-129 800 Mhz Radios(Police) 162,180 0 160,773 1,407 Total Expenditures 1,439,180 309,877 1,305,306 133,874 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2)First half payment due 90 days prior to delivery. (3)In September,a trasnfer of$1 million from the Golden Hills Tax Increment will be assigned to a future aerial pumbper in 2018. city of golden , MEMORANDUM vaiiey Police Department J 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 3. G. Authorization to Sign Funding Agreement with the City of Minneapolis for the Toward Zero Deaths (TZD) Grant Program Prepared By Stacy Carlson, Chief of Police Summary The Police Department partners with the City of Minneapolis in a Toward Zero Death (TZD) grant, with the City of Minneapolis as the fiscal agent. Through the duration of the contract, which ends on September 30, 2016, Golden Valley will be reimbursed up to a maximum of$25,216.00 for conducting enforcement shifts focusing on impaired driving, seatbelts, speeding, Move Over violations and distracted driving. Grant funds will also pay$200 toward personnel attendance at the state TZD conference. Attachments • Funding Agreement with Minneapolis for the Toward Zero Deaths Grant Program (16 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Funding Agreement with the City of Minneapolis for the Toward Zero Deaths (TZD) Grant Program. FUNDING AGREEMENT BETWEEN CITY OF MINNEAPOLIS AND THE CITY OF GOLDEN VALLEY FOR THE SUBGRANT FROM STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, TOWARD ZERO DEATHS ENFORCEMENT GRANT PROGRAM THIS CONTRACT, entered into as of this 1st day of October, 2015, by and between the CITY OF MINNEAPOLIS, a Minnesota municipal corporation(herein called the "City"), and the CITY OF GOLDEN VALLEY, a Minnesota municipal corporation(herein called the "Grantee"). WHEREAS,in cooperation with Grantee, the City has made application(the "Application")to the State of Minnesota, Department of Public Safety, Office of Traffic Safety (the "Grantor") and has received funds in the amount of$309,750 from the Grantor's Zero Deaths Enforcement Grant Program ("Enforcement Grant") and entered into an agreement with the Grantor (the "Enforcement Grant Contract"); and WHEREAS,the City in its Enforcement Grant application agreed to serve as fiscal agent and to award some of the proceeds of the Enforcement Grant in an amount not to exceed $25,216 (the "Subgrant")to Grantee, to pay or reimburse Grantee costs associated with the payment of overtime to traffic enforcement officers as part of the increased enforcement program targeting impaired driver, inattentive drivers and young adult and juvenile violators of speed limits and other traffic laws. NOW, THEREFORE, it is agreed between the parties hereto that: 1. AWARD. The City hereby awards the Subgrant to Grantee for the payment of overtime to Grantee's Police Officers who engage in enforcement of speed limits, other traffic violations, impaired, and inattentive driving under the terms of the Enforcement Grant. Exhibit A consists of Application Exhibit A-1 and the Enforcement Grant Contract between the City and the Grantor attached hereto as Exhibit A-2, the contents of which is incorporated herein (the "Program"). The Subgrant must be used exclusively to pay or reimburse only expenses authorized under the Enforcement Grant Contract. Notwithstanding anything herein to the contrary, the Grantee understands and agrees that any reduction or termination of the State Enforcement Grant Contract may result in a like reduction or termination of the Subgrant Contract, and that any material change in the timeline, scope of the Program or description of the services in the Enforcement Grant Contract will result in material changes to the Subgrant Contract. 2. PERFORMANCE MONITORING. The Grantee must comply with all requirements in the Enforcement Grant Contract and submit any reporting information on the Program that may be requested by the Grantor. A default by the Grantee under the Enforcement Grant Contract will constitute noncompliance with this Subgrant Contract. PM#12-28721 1 If the City or Grantor finds that there has been a failure to comply with the provisions of this Subgrant Contract or that reasonable progress has not been made toward performance under the Program, notwithstanding any other provisions of this Subgrant Contract to the contrary and after written notice and reasonable opportunity to cure,the City may refuse to disburse additional funds and/or require the return of all or part of the Subgrant funds already disbursed, to the extent such funds were used for purposes other than activities contemplated by this Subgrant Contract. If action to correct such substandard performance is not taken by the Grantee within sixty (60) calendar days (or such longer period specified by the City) after being notified in writing by the City,the City may terminate this Subgrant Contract. Notwithstanding anything in this Subgrant Contract to the contrary, if for any reasons other than those caused solely by the City's negligence in managing the Enforcement Grant the Grantor requires the City to repay any or all of the Subgrant, Grantee unconditionally guarantees that it will repay whatever funds that have been paid to Grantee that are required to be returned to the Grantor within thirty (30) days of written notification of the Grantor's requirement. The Grantee agrees to pay any and all expenses incurred by the City to enforce this provision to the extent such expenses are caused by the Grantee. This provision shall survive expiration or termination of this Subgrant Contract. 3. TIME OF PERFORMANCE. Grantee shall undertake the Program on or before the date of this Contract and complete the Program by September 30, 2016 (the "End Date") or such other date as may be agreed to by the City and the Grantee. The City is not obligated to pay for any Program costs incurred after September 30, 2016 or any earlier termination or cancellation, whichever occurs first. This Contract may be cancelled by the City upon sixty (60) days' notice to Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed up to the effective date of such cancellation. Cancellation does not alter the City's or Grantor's authority to recover Subgrant funds on the basis of a later audit or other review, and does not alter Grantee's obligation to return any Subgrant funds due to the City or Grantor as a result of later audits or corrections. 4. DISBURSEMENT. It is expressly agreed and understood that the total, estimated, amount to be paid by the City under this Contract will not exceed $25,216. The Grantee shall allocate and spend the Enforcement Grant as follows: (a) $17,370 for impaired driving enforcement; (b) $4,014 for seatbelt enforcement; (c) $2,718 for speed limit and Move Over violations; (d) $914 for distracted driving enforcement; and (e) $200 to attend the state TZD conference. The exact amount earned by the Grantee and payable by the City will be determined based upon the actual number of hours spent by the Grantee working on the Program. The maximum amount payable is the amount indicated in this Section 4. The City will make disbursements no more often than monthly and only upon receipt of a written disbursement request from Grantee acceptable to the City. Any Grantee's expenditures in excess of the amount indicated in this Section 4 shall be the sole obligation of the Grantee. 5. NOTICES. Communication and details concerning this Contract shall be directed to the following Contract representatives: PM#12-28721 2 Wendy Guck City of Minneapolis Police Department Room 1C, City Hall 350 South Fifth Street Minneapolis, MN 55415 Phone: (612) 673-3415 Grantee: Stacy Carlson City of Golden Valley Police Department 7800 Golden Valley Road Golden Valley, MN 55427 Phone: (763) 593-8079 6. GENERAL CONDITIONS. A. General Compliance. The Grantee agrees to comply with all applicable federal, state and local laws and regulations governing the Program and funds provided under this Contract. B. Independent Grantee. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee shall at all times remain an independent contractor with respect to the services to be performed under this Contract. The City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers' compensation insurance as the Grantee is an independent contractor. C. Responsibility. Subject to applicable law, including the Minnesota Tort Claims Act, each party shall be responsible for the claims, losses, damages and expenses that are proximately caused by the wrongful or negligent acts or omissions of that party or its agents, employees or representatives acting within the scope of their duties. Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities (including common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when none would otherwise exist. Neither party shall be liable to each other for any indirect, consequential, incidental, lost profit, or expectancy damages. This provision shall survive the termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the City or the Grantee of any immunities or limits on liability provided by Minnesota Statutes Chapter 466 or other applicable State or Federal law. D. Workers' Compensation. The Grantee shall provide workers' compensation insurance coverage for its employees involved in the performance of this Contract. PM#12-28721 3 E. Insurance. The City and Grantee each represent that it is self-insured pursuant to applicable law. 7. ADMINISTRATIVE REQUIREMENTS. A. Accounting Standards. The Grantee agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. B. Records. 1. Retention. The Grantee shall retain all records pertinent to expenditures incurred under this Contract until conclusion of the latest of(a) six (6) years after the Grantee has completed the Program; or(b) six (6) years after the resolution of all audit findings. Records for nonexpendable property acquired with funds under this Contract shall be retained for six (6) years after final disposition of such property. 2. Inspections. All Grantee records with respect to any matters covered by this Contract shall be made available to the City, the Grantor or their designees at any time during normal business hours, as often as the City or the Grantor deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 3. Audits. The Grantee shall have an annual financial compliance audit conducted if required by the Grantor by and in accordance with the City's policy concerning subrecipient audits. In general, this policy applies only to non-profit subrecipients who spend in excess of$50,000 annually from City contracts. The Grantee shall submit two copies of such audit report to the City. Any deficiencies noted in such audit reports or audit/monitoring reports issued by the City or its designees must be fully cleared by the Grantee within a reasonable time period after a request has been received from the City. Failure of the Grantee to comply with the provisions of this paragraph will constitute a violation of this Contract and may result in the withholding of future payments or the requirement for Grantee to return all or part of the funds already disbursed. 4. Data Practices Act. The Grantee and the City shall comply with the Minnesota Government Data Practices Act, Chapter 13. 5. Close-Outs. The Grantee's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the City), determining the custodianship of records and resolving audit findings. PM#12-28721 4 C. Payments. The City will pay to the Grantee funds available under this Contract based upon information submitted by the Grantee and consistent with any approved budget and City policy concerning payments. In addition,the City reserves the right to liquidate funds available under this Contract for costs incurred by the City on behalf of the Grantee. D. Procurement. The Grantee shall comply with applicable State statutes and Grantee's policy concerning the retention of contractors and the purchase of materials, supplies and equipment and shall maintain an inventory record of all nonexpendable personal property as may be procured with funds provided herein. All unexpended program income shall revert to the City upon termination of this Contract. 8. PERSONNEL AND PARTICIPANT CONDITIONS. A. Civil Rights. 1. Compliance. The Grantee shall comply with its Regents Policies on discrimination, Title 7, Civil Rights Act of 1968 - 42 USC 3601, applicable nondiscrimination provisions contained in Minnesota Statutes Chapter 363A and U.S. Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination. The Grantee will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability or other handicap, age, marital status, or status with regard to public assistance. The Grantee will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 3. Noncompliance. In any event of the Grantee's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or provisions herein,this Contract may be cancelled, terminated or suspended, in whole or in part, and the Grantee may be declared ineligible by the Minneapolis City Council from any further participation in City contracts in addition to other remedies as provided by law. 4. Liability. In the event there is probable cause to believe the Grantee is in noncompliance with the nondiscrimination clauses of this Contract or with any applicable rules or regulations,the City may withhold up to fifteen(15)percent of the Subgrant funds until such time as the Grantee is found to be in compliance or is otherwise adjudicated to be in compliance. B. Affirmative Action. 1. Plan. The Grantee shall develop an affirmative action plan in accordance with its city policies and state law, if applicable. The Grantee shall submit the PM#12-28721 5 necessary affirmative action documentation to the City for approval prior to the disbursement of funds. 2. Access to Records. The Grantee shall furnish all information and reports required hereunder, and to permit access to the Grantee's books, records and accounts for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Notifications. The Grantee shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the Grantee's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. EEO/AA Statement. The Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an equal opportunity or affirmative action employer. C. Human Rights Commission Task Force. Grantee and any sub-contractors and suppliers must comply with the requirements of Grantee's Human Rights Commission Task Force ("HRC Task Force"). Grantee and its sub-contractors and suppliers shall, consistent with the provisions of the HRC Task Force, devote a reasonable percentage of their subcontracting and material purchases to certified women-owned and minority-owned small businesses. D. Conduct. 1. Assignability. The Grantee shall not assign or transfer any interest in this Subgrant Contract(whether by assignment or novation)without the prior written consent of the City;provided, however, that claims for money due or to become due to the Grantee from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 2. Conflict of Interest/Code of Ethics. The Grantee agrees to be bound by its Administrative Policies on conflicts of interest and code of ethics. 3. Subcontracts. (a) Selection Process. The Grantee shall undertake to ensure that all subcontracts let in the performance of this Subgrant Contract shall be awarded on a fair and open competition basis. Executed copies of all subcontracts along with documentation concerning the selection process shall be forwarded to the City upon request. PM#12-28721 6 (b) Monitoring. The City may monitor subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. (c) OSHA. Grantee shall require that contractors performing work being paid with the Subgrant funds be in compliance with all applicable state and federal laws and regulations regarding employment and workplace safety including but not limited to OSHA regulations, especially the Federal Hazardous Waste Operations an Emergency Response Standards (29 C.F.R. 1910.120 and 29 C.F.R. 1926.65). 9. MISCELLANEOUS. A. Copyright. If this Subgrant Contract results in any copyrightable material, the Grantee is free to copyright the work, but the City and/or the Grantor reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,the work for government purposes. B. Religious Organization. The Grantee agrees that funds provided under this Subgrant Contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization. C. Plain Language Law. To the extent applicable,the Grantee shall comply with provisions of the plain language law requiring written material produced for applicants and recipients to be understandable to a person who reads at the seventh grade level (Minnesota Statutes, Section 268.0124, 1988). D. Governing Law. This Subgrant Contract shall be governed by, and construed in accordance with, the laws of the State of Minnesota. E. Counterparts. This Subgrant Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. F. Billboards.No Subgrant funds may be used by the Grantee to pay for billboard advertising as provided in the Minneapolis Code of Ordinances, Section 544.120. G. State Regulatory Requirements. The Grantee shall comply with all reporting and regulatory requirements of the Grantor. (Signature pages follow.) PM#12-28721 7 Signature page to Funding Agreement IN FURTHERANCE WHEREOF,the parties have executed this Contract as of the date first written above. CITY OF MINNEAPOLIS By: Finance Officer Enterprise Contract Administrator City Purchasing Agent Approved as to form: Assistant City Attorney Department Head Responsible for Administering and Monitoring Contract: Chief or Deputy Chief Police Department PM#12-28721 Signature page to Funding Agreement CITY OF GOLDEN VALLEY Fed. I.D. # By: Its: PM#12-28721 EXHIBIT A STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY GRANT PROGRAM DOCUMENTS 1. Grant Application Enforcement Grant Wave Plan 2. City and State of Minnesota, Department of Public Safety, Office of Traffic Safety Grant Agreement PM#12-28721 Ci elf � _ t ,'j ) ; dak`1 l Grant Agreement Page 1 of 3 Minnesota Department of Public Safety("State") Grant Program: 2015 Toward Zero Deaths(TZD) Office of Traffic Safety Enforcement Grant 445 Minnesota St Suite 150 Project No.: 15-02-06, 15-04-04, 15-03-07 St. Paul,Minnesota 55101-5150 Grant Agreement No.: A-ENFRC15-2015- MPLSPD-00032 Grantee: Grant Agreement Term: Minneapolis Police Department Effective Date: October 1,2014 350 5 St S Expiration Date: September 30,2015 Minneapolis, Minnesota 55415-1316 Grantee's Authorized Representative: Grant Agreement Amount: Lieutenant Chris Hudok Original Agreement $372,338.00 350 5 St S Matching Requirement $0.00 Minneapolis,Minnesota 55415-1316 (612)673-2656 christopher.hudok@minneapolismn.gov State's Authorized Representative: Federal Funding: CFDA 20.600,20.608, 20.616 Bruce Johnson 445 Minnesota St Suite 150 State Funding: None St. Paul,Minnesota 55101-5150 (651)201-7067 Special Conditions:Attached and incorporated into bruce.a.johnson@state.mn.us this grant agreement. See page 3. Under Minn. Stat. §299A.01, Subd 2(4)the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16B.98,subd.7,whichever is later. Once this grant agreement is fully executed,the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee,who is not a state employee,will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved 2015 Toward Zero Deaths(TZD)Enforcement Grant Application("Application")which is incorporated by reference into this grant agreement and on file with the State at 445 Minnesota St. Suite 150 St.Paul,MN 55101-5150. The Grantee shall also comply with all requirements referenced in the 2015 Toward Zero Deaths(TZD)Enforcement Grant Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants),which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A,which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.)As stated in the Grantee's Application,the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance,the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment -r _ DPS Grant Agreement non-state(OTS 04/14) c`� C�� _, Grant Agreement Page 2 of 3 will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over$100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that fiends have been encumbered as required by Minn.Stat.§§16 .15 and 16C.05. By: Cl ,6 712-'- / (with de ated�' ►ority) Signed: �/ , ' Title: /Vc _ Date: 1 ) J a 6// Date: /0 a 7,20/y 1 Grant Agreement No.A-ENFRC 15-2015-MIPLSPD-00032 PO No.3-29728 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: ;Li I_ Iv:I t ,",.4f,,,,,$c:.__,, ,:,.c.:;71 6ui,%( Title: ,i:-c_ /(. ai../.6,,,z (j _r.=c'_...i Date: J By: Distribution: DPS/FAS Title: Grantee State's Authorized Representative Date: DPS Grant Agreement non-state(OTS 04/14) CITY OF MINNEAPOLIS Contract Signature Page Subject: Minnesota Department of Public Safety—Office of Traffic Safety—Towards Zero Deaths (TZD) Enforcement Program Committee: W&M Date: October 14, 2014 Council Date: October 17, 2014 Finance and Commerce Date: — October 25, 2014 By: I$J.€.41M9it-rtibi, 1)- 06- 20 a-1- L- / Enterprise Contract Administrator Approved as to Form: / Assistant City Attorney By: 6vvft 077)/ 2Z Finance Director - Police r�'nc`e.\ Grant Agreement Page 3 of 3 Special Conditions Minneapolis Police Department is the fiscal agent for the following agencies: • Crystal Police Department • Golden Valley Police Department • Hopkins Police Department • Minneapolis Park Police Department • New Hope Police Department • Robbinsdale Police Department DPS Grant Agreement non-state(OTS 04/14) a M _ o m 0 X 0 0) w w a -J a. 2 u) 0 N r re Y. Z W Q .0 o O O O O O o o O O o O I O O O O 0 O 0 O UU O O 0 O O O O O O O O o O O O O O O O O al O O O 0 O 6 0 0 0 O O Ci 0 o O O O O 0 0 2E9 64 EA ER 69 64 69 ER 69 69 69 ER ER 69 ER ER EA 69 E4 59 U O -J '~' N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO CO 0 0 ti' v. co M O o O O O O O O O O O O ll) Il) 1- I'. O O 00 (0 CO O co a0 co (0 (0 O O O O (0 00 0 O) E 1Z0 a) u � N N CO 0)) 000 0p 0 0 co co69 69 oV N N N N U E E EA EA EA EA T (O (O M M 00 CO O E •- e- a- M M CO CO EA E9 Ei�4 0) 609 EA oE -a NER N6A 6,364 64 Eft Eo- 69 6.C ZE W N 0 a) N 01 I- '-w r CO M 0 N l w C a) f (0 C a) 0 cu L U O) > > —p C 0 0 G. >> CD H ❑ O O 15 a CD 0) 0 05 �s = " C 0) Y a) c 13 ) m 0) 03 h W Cl, C �, vl N 0. 0. a) 0 C C Cl CI a) O O . N 3 ❑ o ❑ ❑ (/) (/) (1) (/) 0 a) I i d CO C C w Y ' E 0. O. C C C C O a� o 0 0 0 . 8 c c c c c c 6 w 2 2 o 0 ;G w (a f) 1 I N 0 0 0 a) a) a) a) (a 2 t� a) V• as .+ �, m , t t E 2 E E E E E E ' m C C : .�+ t t E O U U N c ai a) m o m N w, O O (� U 0 a) N •0 0 o) C •C m m w _ m NU U _ .0 C CO �U.. M O o c O :,-(5 c O ... c O c .:-° o a (1) :500 .0 o O • ) a 0 va) ua) O C N °) o 0 E EE '$ w v°, `� O $ o $ O o ( O (�g E E `«° `.9 0 CO CO Q ¢ tr o o r w 0 I- w w I- w w I- w w H 0 0 I- I-- I- H < Q I- o o I- w o Q N N o m O I( 0 C) W N 0- a.a 2 ti) 0 t(1 LL O O O O O O O O O 64 64 64 0 0 0 0 0 0 d C) O O Cr) Ci t° �O6N9 M 64 W• N D aa) H C) � m 0 N tt) Q a O Q .co t0 N N a c .. N a) to 53 3 N O w H F- 63 citYof MEMORANDUM valley Physical Development Department 763-593-8095 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 60 day deadline: November 10, 2015 Agenda Item 6. A. Authorization to Sign Amended PUD Permit - Boone Avenue Convenience Center PUD No. 110, Amendment No. 1 - 600 Boone Avenue North - Linn Investment Properties, LLC, Applicant Prepared By Jason Zimmerman, Planning Manager Summary Stephen Linn, representing Linn Investment Properties, LLC, is seeking approval of a Minor PUD Amendment to allow for the construction of seven additional parking stalls in the northwest corner of his property. These spaces would replace existing turf and provide additional parking near the Boone Avenue/Golden Valley Road intersection. As outlined in the Section 11.55, Subd. 10, of the City code, a PUD amendment may be considered to be a minor amendment if it does not violate any of the eight thresholds which would qualify the amendment as a major amendment and trigger a greater level of review. The City Council has the right to approve or deny a minor amendment by a simple majority vote without a public hearing or to refer to matter to the Planning Commission for their input and recommendation. Background The PUD was created in 2013 and facilitated the renovation of the gas station and the construction of the retail/service facility on the east end of the site. There are currently three tenants in the new building. Due to heavy lunch time use, the applicant has stated there is often not enough parking on-site to meet the needs of customers. When the initial PUD was under review, the amount of parking was discussed by the Planning Commission at both the Preliminary and Final stages. At that point, there was some concern that parking could be challenging depending on the types of tenants that would eventually be located in the new retail building. That was offset by concern over the amount of impervious surfaces proposed for the site (63.6% for the entire PUD). Ultimately, the applicant indicated that the amount of parking that was proposed was appropriate based on his market research and the plans were approved. At this time, the applicant states that the businesses have been much more successful than even he anticipated and the corresponding level of parking demand - particularly that generated by Which Wich - is creating a problematic and even unsafe situation. Analysis Staff has reviewed the proposed amendment and has comments regarding three aspects of the proposal. First, the proposed parking spaces would be located within the front yard setback of the site (within 35 feet of the property line). The requirements of the Commercial zoning district indicate that this area be maintained as a landscaped green area. Although seven parking spaces were allowed to be constructed within the front yard setback as part of the initial PUD, these were located further to the east along Golden Valley Road - away from the intersection - and in an area where additional green space was available due to a curve of Golden Valley Road. Second, the proposed parking spaces would reduce the amount of landscaped area within the front yard setback and replace it with pervious pavers. The use of these pavers would avoid an increase in the existing amount of impervious surfaces. In response to concerns about the overall quality of stormwater runoff, the applicant has agreed to replace an existing manhole with a hydrodynamic separator, which will help to improve stormwater runoff from the entire site and not just for the area of new construction. Finally, while parking may be considered to be a problem over the lunch hour on weekdays given the current tenants, staff is wary of creating permanent parking spaces on the site in order to address congestion that occurs only a few hours each weekday. Staff discussed with the applicant the possibility of reaching an agreement with a neighboring property - where there may be an excess of parking - and utilizing those spots for employees, thereby freeing up spaces on-site for customers. Unfortunately, as the attached letter demonstrates, these efforts had already been taken and were unsuccessful. The Fire Department has commented that the level of congestion on the site at some periods of day could be considered unsafe in that access by emergency vehicles might be hindered and agree that the issue should be addressed. Based on the above analysis of the proposal, staff finds that the solution advanced in the form of the proposed amendment appears to be the best option to alleviate a troubling parking issue and has the added benefit of improving the quality of stormwater runoff from the site. Staff recommends approval of the Minor PUD Amendment with the following conditions: 1. Maintenance plans for the pervious pavers and hydrodymanic separator must be submitted to the City and included as an amendment to the existing maintenance agreement for the site. 2. Enhanced landscaping must not interfere with sight lines and corner visibility. Landscaping plans will be reviewed by staff at the time of permitting and the owner must work with the City now and in the future to address any issues that may arise due to the installation of landscaping. Attachments • Location Map (1 page) • Applicant's Narrative (1 page) • Letter from Applicant submitted October 27, 2015 (2 pages) • Letter from Sambatek submitted October 28, 2015 (1 page) • Plans from Sambatek submitted October 28, 2015 (2 pages) • Amended PUD Permit (3 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD Permit for Boone Avenue Convenience Center PUD No. 110, Amendment No. 1. 1 742 747 750— ." 101 434 • • 102•107 ,1 11...102 44 1111 11 745 yi / 202201 111 li 730 •745 108120 830 2:00 ! 221 021.8400 830 J • 730 22210 301 31_•- '701 ---- 710 r 32 310 320 85<.---\. 01 884(8838883'883(882488188818881288068804 5 - :; Z/ • Z 88368832 8820 8814 8808 -:j: ems a Subject Property ec — �� G°\a 110 ra 8800 125 'C' m 700 130 50 7th Ave N 1 340330 ; ♦.. 220 300 (008525 300 8 845 • Z 605 i 600 2 0100 • Q c 8806 ° • O m 600 .'.a... .../41 85 'Idenv �° 55 8• rt a ___----- -- NwY . v,1•y state - J ----. uState HwY NO 55_ -- a3 ,atNvIY N pts°-11-06°‘'.....___,-,----'---- f zm $815 a m vio c Brookview Community Center&Goff Cours 439 6. 440 424 ,a Ira a c Following the remodel and expansion of 600 Boone Ave, which was formally branded BP and later converted to Holiday, gasoline volumes increased by over 25%and convenience store sales by nearly 50%, led by strong food service sales.The overwhelming response truly gives validation that the improvements were well received and resulted in creating nearly 10 new jobs within the convenience store. In addition the newly constructed retail center to the east at 8525 Golden Valley Blvd, with its three tenants,Which Wich, Papa Murphy's and Waxing the City, all have seen tremendous response and have created many new jobs within the community.The current parking request is necessary to maintain safety for our customers and employees especially during the peak lunch rush when both the convenience store and the retail tenants seem to be most busy. Currently there are times when some customers park in non-designated areas, blocking others and creating hazards such as poor visibility. WOODLANE PROFESSIONAL CENTER mn 1789 WOODLANE r)k VI.. SUITE A WOODEURY P.N 55125'3910 P C51.731.0515 F 651.731 4628 October 27, 2015 Jason Zimmerman Planning Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Regarding additional parking request—600 Boone Ave&8525 Golden Valley Road Dear Mr.Zimmerman, Thanks for meeting with Mark Anderson, Eric Vogel and I again regarding our proposed parking increase set to go before the City Council on November 4th. As you know we have requested the additional parking to help us safely manage the significant increase in the traffic flow that has been generated through the redevelopment and rebranding of the gasoline convenience store as well as the tremendous response to the retail tenants businesses within the newly developed retail center, including Which Wich Superior Sandwiches, Papa Murphy's Pizza &Waxing the City. Although the response to both our redevelopment and new development has been overwhelmingly positive and well rewarded through customer traffic, it has created a response that has challenged our parking limitations. When we purchased the BP site in 2012 it was a non-exciting, poorly constructed property but with outstanding potential and a tremendous location.Working within the existing limitations we believe we brought to the city a project that truly enhanced the community and offered services that were in need within the community.This again is evident by the overwhelming response. But that response was even greater than our tenants or I could have imagined. When it became evident that our traffic, particularly during peak lunch rush periods, was greater than our parking spaces could handle, we began looking at all possible alternatives including offsite parking. We began reaching out to several property management companies, through Peter Armbrust, my contact at Cushman Wakefield, to many of the nearby properties to the east and north, and I reached out personally to the new credit union's management to the west. We also began asking business owners within the office warehouse district to the north, as many of them are customers within our own gasoline convenience store and or customers of our tenants within the retail building. co.a My offers were to strike parking easement agreements with any these nearby property owners by paying them a monthly fee per space allowed, in which employees of ours as well as our tenant's employees,could utilize. But to date all such efforts were rejected. Even if offsite parking were available it may come at a price of significant safety concerns as employees would be forced to walk long distances and cross busy roadways to get to work and return to their vehicles, including during late night hours and severe winter weather conditions. Unfortunately,doing nothing and living within the restraint of the existing parking shortage not only harms the businesses including the three individually owned franchise businesses within the retail center,and our own gasoline convenience store, it also inconveniences the residents within the community hoping to utilize our services,and creates a significant safety concern as customers are parking in non-designated areas.This has shown to result in customers blocking emergency vehicle access and visibility for those walking around illegally parked vehicles as they try to enter the various businesses. Although I am thankful for the strong business results, I truly did not believe this would be an issue at the time of the PUD approval nor did I ever want to have to make this request. I simply believe now that it is something that we can no longer avoid and must address for the benefit of the community and the businesses as well as the safety of our customers and employees. I truly appreciate your help and understanding in this matter. Thank you, v_<___.-- ,,I,., /— Stepn Linn 4. • SambatekEngineering I Surveyinu I Planning I Environmental 10/28/15 Mr. Jason Zimmerman —Planning Manager City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Jason, Included in this submittal package are the revised plans for the Holiday Store project on Boone Ave. Noted revisions to the plans include site grading, the inclusion of an impermeable layer beneath the filtration basin, and the replacement of an existing manhole with a hydrodynamic separator. These changes were made to the plans in an effort to satisfy the concerns that the City Engineering and Planning departments had with the prior design. Notably, the pervious paver section should no longer pose a threat via a fuel spill. With the pavers now elevated above the gutter adjacent to them, any fuel spilled should now be kept out of the filtration basin area. Also, soil borings from the 2012 Braun Intertec report show the groundwater on site to be more than 3' below the proposed filtration basin bottom, with an elevation of approximately 881.5. Even so, the filtration basin was lined with an impermeable bottom as an extra precaution. In order to absolutely ensure that stormwater runoff in the proposed condition is of better quality than the existing, a Hydro International hydrodynamic separator is proposed to replace an existing manhole. The existing structure is little more than a sediment trap, and the new device should work to improve stormwater runoff from the entire site, not just the new construction. Through the planning process, other possible stormwater and site solutions were considered. For example, a rain garden on the southern side of the site was considered instead of the hydrodynamic separator/pervious paver combination. However, the only practical location was complicated by the existence of underground utilities and an easement. Different locations for the parking stalls were also considered, but ultimately given up on due to the space limitations of the site. Being close to the street intersection, the impacts to corner-visibility were carefully considered, and said impacts are to be limited through the careful choice of landscaping features, as described on the landscape plans. Ultimately, it is believed that the proposed plans represent the best path forward. If you have any questions, please do not hesitate to contact me. Sincerely, Eric Vogel, EIT 12800 Whitewater Drive,Suite 300,Minnetonka, MN 55343 1763.476.6010 2401 46th Avenue o h-. - t u.is ►t : A S 14 . .u•. -. Iii tal O33 M, §E z '4 i4a, cda1 $m gMI oC W §Nm^ d ZZ kV !, � Za J CWC ° 20 uI— V >- Z V W Z 4 p � Z � C W LU OWu i J JJ J Q o oQF-H —1mC7 > =r°_du —6_aa --1/‘ - jiL11I s fe C x �� sd> yz� o m =�� Fa NW O�N 0 'H •y QLn ul ,-L01Z • 1.4 ?d O O I •S Vc • ti M �� du o o :;gS6, emo o w= wIg woo � o o W „3 - rHTI o z g. Wg Eq ` o Ao h aod< z 00 Pte =ff, oo a 300 '6;„',-1-...,,,,_,--_ � o G„ > LI z o , 55 i 6 i'�•� Z O • 'I .- cc W O rc d o §:t,' w 1R�1 � p O w 1 i, , a w �w ;�•� 2w G LL WWG ,, 1�•a� W 1 ' O . W I I a, Z WE6�o z '> ...1 - W 4 W I I !- Ft`' ur N r ca Wiz o m i s '. t,Mt 1:01_ f-9„ V. Q > I W tfzs o Wd ag. 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EW 3 0 0� °O��mf ai o i aWo„ 3WW- itEA ?wzG ow J� �� - a N 1, aax - w o o�z Wwo E.-y`.'n c4, t$ F zg -F ow6z o 5 LL°� fw3��3�w�o5 i ha €�3x wowuw .'k? 5 a� o >_ r z HWdot�� `a a > a� G a� F aw .' a' w >z 3 W c LL fW.m.�a °fLLN o �g`z� fwzw� w� od ° y o. 3,a`7,Gx JZ o"om' i „°,��a,ws' ' 4,0?m lTz = iu$ pg! 0�°„W v ,ri < a �''^ u a oo"a°a 0 gra om,� z w;ili pu' �C La Zz2.�. a i H =E wp ow Er � W iG i3o tie, 1 F j1 m �iVF uvci Q o iWm<'^ Eo''n'JH^uaioi�wo o H a..uu mg zJa°' c� :::: f ql!! FJ z u 'zw�yW�.v i, os ��n ° vaF FY .w =E �d�WzE�oOrc > z '"gg'i a _ ofz o Wa° ofmr ao...w izd !tg: aes ;z:.z haiR'� . i= og o� z�a Wi Boone Avenue Convenience Center P.U.D. No. 110 City Council Approval: November 20, 2012 Amendment #1 City Council Approval: November 4, 2015 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Boone Avenue Convenience Center P.U.D. No. 110 Location: 600 Boone Avenue North, Golden Valley, Minnesota Legal Description: Lots 1 and 2, Block 1 Linn Addition P.U.D. No. 110 Applicant: Linn Investment Properties, LLC Address: 1789 Woodlane Drive, Suite A, Woodbury, MN 55125 Owner: Stephen Linn Address: 1789 Woodlane Drive, Suite A, Woodbury, MN 55125 Zoning District: Commercial Permitted Uses: The PUD Permit allows for the existing gas station/convenience store and for the construction of a retail/service facility on the east side of the site. Components: A. Land Use 1. The Final PUD packet for PUD No. 110 prepared by MFRA Inc. dated September 21 , 2012, shall become a part of this approval. 2. Amendment #1 allows for the construction of seven additional parking stalls in the northwest corner of the property. Plans prepared by Sambatek, dated October 28, 2015, shall become a part of this approval. 3. Prior to issuance of any building permits for construction within PUD No. 110, the applicant shall submit a final plat to the City for approval. Boone Avenue Convenience Center P.U.D. No. 110 — Amendment #1 Page 2 B. Construction 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated July 30, 2012, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development dated October 16, 2012 shall become a part of this approval. 3. The design specifications, including building location, façade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 4. Bicycle parking (bike racks) shall be located on the site. 5. All signs on the property must meet the requirements of the City's sign code. 6. Enhanced landscaping must not interfere with sight lines and corner visibility. Landscaping plans will be reviewed by staff at the time of permitting and the owner must work with the City now and in the future to address any issues that may arise due to the installation of landscaping. C. Grading, Utilities, Access and Other Engineering Issues 1 . The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development dated October 16, 2012 shall become a part of this approval. 2. Maintenance plans for the pervious pavers and hydrodymanic separator must be submitted to the City and included as an amendment to the existing maintenance agreement for the site. D. Subdivision 1 . Proof of filing of the plat shall take the form of a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. 2. The name of the final plat shall include "P.U.D. No. 110" in its title. Boone Avenue Convenience Center P.U.D. No. 110 — Amendment #1 Page 3 It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on November 20, 2012 and November 4, 2015. Any changes to the PUD Permit for the Boone Avenue Convenience Center P.U.D. No. 110 shall require an amendment. LINN INVESTMENT PROPERTIES, LLC Witness: By: Title: Date: CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: By: Timothy J. Cruikshank, City Manager Date: Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. city of golden MEMORANDUM Physical Development valley Department P 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 60 day deadline: November 28, 2015 Agenda Item 6. B. Liberty Crossing PUD No. 123, Minor PUD Amendment - 7751-7775 Medicine Lake Road, 2430 and 2480 Winnetka Avenue North, 2485 Rhode Island Avenue North - Intuitive Investment Partnership, Applicant Prepared By Jason Zimmerman, Planning Manager Summary Todd Schachtman, representing Intuitive Investment Partnership, is seeking approval of a Minor PUD Amendment to modify the approved PUD plans in order to remove eight town home units from the northeast portion of the property and to reconfigure the underground parking level of the apartment building. The change in the number of units will also require the approval of a new Preliminary Plat. As outlined in Section 11.55, Subd. 10, of the City code, a PUD amendment may be considered to be a minor amendment if it does not violate any of the eight thresholds which would qualify the amendment as a major amendment and trigger a greater level of review. The City Council has the right to approve or deny a minor amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for their input and recommendation. Background and Analysis This PUD was approved earlier in 2015 and demolition and construction on the site has yet to begin. As a part of the project, an extensive flood storage and stormwater management system is being designed for the northeast corner of the property. Refinement to the plans for that system by an engineering firm, working with the developer and City staff, have necessitated the removal of eight townhome units from the approved plans. In addition, three apartment units were added for a net loss of five units. A total of 247 units were approved for the site. The net reduction of five units represents only 2% of the total number, allowing this modification to be considered as a minor PUD amendment. The change in the number of townhome units would also require a revision to the Preliminary Plat, which was reviewed and approved as part of the initial PUD plans. A Final Plat has yet to be submitted to the City Council for approval and is anticipated to follow soon after this amendment is concluded. In addition to a reduction in the number of units, the applicant is proposing to modify the underground parking for the apartment building. Previously approved plans included one large level of underground parking. The applicant is now proposing to reduce the footprint of the parking area but to construct a second level of underground parking. This change would not affect the number of stories of the building, but would slightly elevate the structure and raise the overall height by just over a foot from an elevation of 971' - 4" to 972' - 6 5/8" to the top of parapet. The modification of the site plan with respect to the removal of the town home units, as well as the addition of the apartment units, would reduce the amount of required parking from 402 to 391 spaces. The modification of the site plan with respect to the increase in storm water ponding, as well as the reconfiguration of the underground parking, would reduce the amount of proposed parking from 465 to 434 parking spaces. Based on these calculations, the project continues to provide an adequate amount of parking on site. Staff has reviewed the proposed amendment and believes the reduction in the number of units is necessary to accommodate the flood storage and stormwater management system being designed in association with the project. The adjustment to the underground parking for the apartment building would result in a negligible change to the overall height of the structure and would not have a negative impact on the surrounding properties. The plans have been reviewed by the Fire Department and the Engineering Division; neither have comments or concerns about the proposal. Based on the above analysis of the proposal, staff supports the minor amendment and recommends approval of the amended plans for Liberty Crossing PUD No. 123. Attachments • Location Map (1 page) • Plans from Tanek Architecture received September 29 and October 9, 2015 (26 pages) Recommended Action Motion to approve the amended plans for Liberty Crossing PUD No. 123. z c- C { V. 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Q city of olden MEMORANDUM valley Physical Development Department 763-593-8095 l 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 6. C. METRO Blue Line Extension Update Prepared By Jason Zimmerman, Planning Manager Project Summary A public open house was held at City Hall on Wednesday, October 28, to discuss environmental issues associated with the light rail line. A revised project scope and cost estimate was presented by the Project Office staff to the TPAC, CMC, BAC, and CMC over the past two weeks. For Golden Valley, the key items of note were the recommended inclusion of both light rail stations in the project - at Plymouth Avenue and at Golden Valley Road - and the lack of inclusion of a park and ride facility at the Golden Valley Road station. Project Office staff did recommend continued coordination with the Minneapolis Park and Recreation Board on property impacts and design of a potential Golden Valley Road station park and ride. Overall, the estimated cost of the project rose from the DEIS cost estimate of$1.002 billion to $1.488 billion. Action by the CMC on the scope and cost estimate is scheduled for November 12. The calendar of meetings remaining in the Project Development phase of work is listed below: Nov 4 MPRB Resolution on project as it relates to park properties Nov 12 CMC Action on revised project scope/cost estimate Nov 23 Met Council Transportation Committee recommendation on revised project scope/cost estimate Dec 9 Met Council Action on revised project scope/cost estimate; authorize Municipal Consent process Attachments • Blue Line Extension Project Office Response to Council Questions (2 pages) Recommended Action Receive and file METRO Blue Line Extension Update. city �f ; 3a ., golden111Physical valley DevelopmentDepartment 763-593-8095/763-593-8109(fax) Date: October 30, 2015 To: Golden Valley City Council From: Jason Zimmerman, Planning Manager Subject: Blue Line Extension Project Office Response to Council Questions Background At the regular City Council meeting on October 20, the Council had a number of questions regarding several aspects of the METRO Blue Line Extension light rail project. City staff has followed-up with staff from the Blue Line Extension Project Office to provide the following responses. Will trees need to be trimmed/removed from Theodore Wirth Park in order to accommodate the relocated power lines? It is unlikely any trees would need to be removed to make room for the relocated transmission towers, which would be placed on west edge of railroad property with the electrical lines hung to the east. It is likely that some trees will need to be cleared to make room for the relocation of the north-south trail which currently sits on railroad property through a portion of Theodore Wirth. Will the TPSS generate interference near their eventual locations? No. When will residents know about specific TPSS locations? Specific locations will be determined once additional analysis of the line is completed, likely in mid-2016. Is the Park and Ride at Lilac Drive/Duluth Street a viable option to support the Golden Valley Road station? The location is too far removed from the station to be a dedicated option as a park and ride. However, riders would be able to park there and catch the local bus (14) to the station. Closer to operation of the line Metro Transit will be re-evaluating the bus feeder system and adjusting the timing and frequency of some routes. How will the operation of the Blue Line Extension impact local congestion on Hwy 100, 1-394, Hwy 55, etc.? The share of trips taken by transit is small enough that the operation of the line will likely not have a noticeable impact on the levels of congestion locally. There is expected to be an increase in traffic on Golden Valley Road for those accessing the station by car. What additional detail can be provided about the projected ridership numbers at the Golden Valley Road station? Approximately 375 of the 900 daily boardings will be walk up. Approximately 70% of those are from the neighborhood and 30% are generated from area businesses, schools, etc. Approximately 425 daily boardings will be from bus transfers. The number of bus transfers are not broken down by direction. The ridership numbers do account for the new Penn "C Line" BRT. The ridership model doesn't differentiate between driving to the station or being dropped off by car to the station—this total number is 100. It is generally assumed there will be 10-15 passenger drop offs per day at Golden Valley Road. city ofxnw. golden MEMORANDUM Valley Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary Golden Valley City Council Meeting November 4, 2015 Agenda Item 6. D. Resolution Affirming City Positions Regarding the METRO Blue Line Extension Prepared By Jason Zimmerman, Planning Manager Summary In anticipation of upcoming Corridor Management Committee (CMC) meetings, during which votes will be required to be taken by the representatives of the five METRO Blue Line Extension cities and other associated organizations, staff has prepared a resolution that affirms the City's positions on six topics felt to be critical to the interests of the City. These statements were reviewed at the Council/Manager meeting on October 13. Additional comments on the position statements were provided by the City's representatives on the Community Advisory Committee and are included as attachments. Position Statements 1. The City supports the location of a light rail station at the proposed Golden Valley Road site, as it provides the greatest opportunity for residents and employees to take advantage of mass transit. The City is not opposed to the location of a light rail station at the proposed Plymouth Avenue site. 2. In order to protect the surrounding single family neighborhoods from congestion, public parking must be provided for riders who arrive at the Golden Valley Road station by automobile. The City supports the use of this location as a trailhead for the many local and regional trails that converge in the area. 3. Improvements to the Golden Valley Road and Theodore Wirth Parkway intersection should be included in the scope of the project in order to address anticipated traffic and safety concerns resulting from a Golden Valley Road station. 4. Any impacts to Sochacki Park and the surrounding neighborhoods during construction of the light rail project shall be mitigated to the extent possible. Sochacki Park must be restored and enhanced at the conclusion of the project. 5. If the reconstruction of bridges over the Burlington Northern Santa Fe rail line is required as part of the light rail project, new or improved pedestrian and bicycle connections shall be incorporated into the design. 6. Mitigation efforts shall be conducted as part of the project to reduce the impacts to surrounding neighborhoods and to Theodore Wirth Park of noise, vibration, lighting, and safety associated with stations and the operation of light rail vehicles. Attachments • Comments from City Representatives of the Community Advisory Committee (2 pages) • Resolution Affirming City Positions Regarding the METRO Blue Line Extension (2 pages) Recommended Action Motion to adopt Resolution Affirming City Positions Regarding the METRO Blue Line Extension. Golden Valley City Council: I offer the following comments on the Council's draft Blue Line Extension Position Statements. These comments reflect the benefit of insights gained from my participation in and chairing the City's LRT Station Area Planning Committee, participation in Hennepin County's LRT Community Working Group on Station Area Planning, and serving as one of the City's representatives on the Blue Line LRT Extension Community Advisory Committee. While Blue Line LRT Project Staff have made it clear that Municipal Consent is NOT a veto that the City still holds, it WILL BE an important opportunity to assert any conditions that the City views as necessary for its support for the Project, and these position statements should be viewed as the basis for those conditions. 1. Regarding Statement 1, I agree with the Council's proposed support for a station at Golden Valley Road. This station represents the City's best opportunity to benefit socially, economically, and environmentally from the proposed Blue Line LRT Extension. 2. Regarding Statement 1, I advise the Council to offer stronger and more affirmative support for a station at Plymouth Avenue. While the station will have little direct cost or benefit to the City, it could have a profound benefit to Wirth Park and its users in improving access for the entire metro area populace. While the Park is owned and managed by the Minneapolis Park Board, most of it lies within our City and supporting its use is as much our responsibility as it is MPRB's. In contrast to this responsibility, the decision as to whether or not to add travel time by including the additional station is not our City's responsibility. 3. Regarding Statement 3 (or as a separate statement), I advise the Council to broaden this statement to request that improved transportation on Golden Valley Road to the Duluth St. Shopping Center be added to the project, so that this underutilized parking facility could eventually serve as an important access point for users of the LRT. This improved transportation should be a responsibility of Metro Transit (and perhaps Hennepin County), not the City. 4. I support the other Statements as written. Thank you for the opportunity to comment on the Council's Position Statements. Respectfully, Rich Baker Dear Council and City Staff: I agree with Rich and add the following: Re: #3: I see a GV Rd station as part of a connection to Douglas Drive and the rest of GV. I support and encourage the County and Met Transit to plan for and re-do the Duluth St/GV Rd corridor to include the Three Rivers Bassett Creek Trail and the variety of modes of getting to the station--biking, walking, wheelchair use, bus transit and car--making access and transport to the station safe, convenient and multi-modal. I encourage the Council to insist that Met Transit and Hennepin County look at and reconfigure the entirety of this corridor as part of this process and not just limit it to the intersection. I also want to tell you that the Open Space and Recreation commission is quite concerned about the impacts to Sochacki (formerly Mary Hills) both during construction and afterward. We appreciate the comments about the park and the request that the project ultimately improve it. Respectfully, Gillian Rosenquist Resolution 15-85 November 4, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION AFFIRMING CITY POSITIONS REGARDING THE METRO BLUE LINE EXTENSION WHEREAS, the METRO Blue Line Extension is a proposed project to provide transit service which will help satisfy 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 METRO Blue Line Extension 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, and Brooklyn Park; and WHEREAS, the staff of the Blue Line Extension Project Office has completed a project scope recommendation that encompasses the elements proposed to be incorporated into the light rail project, including right of way acquisitions, LRT vehicles, freight and LRT tracks, LRT bridges, roadway bridge reconstructions, traffic signals, station platforms and vertical circulation, park and ride facilities, poor soils mitigation, and other system elements; and WHEREAS, the Issue Resolution Team, Technical Project Advisory Committee, Community Advisory Committee, Business Advisory Committee, and Corridor Management Committee, each involving representatives of the City of Golden Valley, have provided input into and assisted with the evaluation of the proposed scope recommendation; and WHEREAS, a number of open houses and public forums have been held within the City of Golden Valley and along the corridor to discuss and debate the elements of the METRO Blue Line Extension project; and WHEREAS, the METRO Blue Line Extension project is approaching Municipal Consent, the conclusion of Project Development, and the publication of the Final Environmental Impact Statement. NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley supports the work that has been completed thus far and looks to advance the METRO Blue Line Extension project into the next phase of final design and engineering. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Golden Valley holds that additional local transit enhancements, including but not limited to an increase in bus service along targeted existing routes, the expansion of routes in support of new areas of residential and commercial development, and the potential for future highway bus rapid transit along Highway 55, should continue to be explored by Metro Transit as a way to support the success of the METRO Blue Line Extension and the mass transit system in the metropolitan area. Resolution 15-85 - continued November 4, 2015 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Golden Valley affirms the following positions regarding the METRO Blue Line Extension project and will use them to provide guidance on votes to be taken with respect to the recommended scope and cost of the project as well as Municipal Consent: 1. The City supports the location of a light rail station at the proposed Golden Valley Road site, as it provides the greatest opportunity for residents and employees to take advantage of mass transit. The City supports the location of a light rail station at the proposed Plymouth Avenue site, as it serves as a gateway to Theodore Wirth Park and enhances regional access to nature and recreation. 2. In order to protect the surrounding single family neighborhoods from congestion, public parking must be provided for riders who arrive at the Golden Valley Road station by automobile. The City continues to support collaboration with the Minneapolis Park and Recreation Board and the Blue Line Project Office on the design exploration of infrastructure at the station that accommodates parking while also serving as a trailhead for the many local and regional trails that converge in the area. 3. Improvements to the Golden Valley Road and Theodore Wirth Parkway intersection should be included in the scope of the project in order to address anticipated traffic and safety concerns resulting from a Golden Valley Road station. 4. Any impacts to Sochacki Park and to the surrounding neighborhoods during construction of the light rail project shall be mitigated to the extent possible. Sochacki Park must be restored and enhanced at the conclusion of the project. 5. If the reconstruction of bridges over the Burlington Northern Santa Fe rail line is required as part of the light rail project, new or improved pedestrian and bicycle connections shall be incorporated into the design. 6. Mitigation efforts shall be conducted as part of the project to reduce the impacts to Theodore Wirth Park, to Sochacki Park, and to surrounding neighborhoods of noise, vibration, lighting, aesthetics, and safety associated with stations and the operation of light rail vehicles. BE IT FURTHER RESOLVED that this resolution adopted by the City of Golden Valley be forwarded to the Blue Line Extension Project Office, to Hennepin County, and to the Metropolitan Council for their consideration. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, 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. city of golden MEMORANDUM Valley Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 6. E. First and Second Consideration - Ordinance#582 - Amending Section 12.50: Minor Subdivisions and Consolidations regarding Conditions for Approval or Denial Prepared By Jason Zimmerman, Planning Manager Summary In April of 2015, the City Council approved a number of amendments to the Zoning and Subdivisions Codes regarding changes to the requirements for subdivision approval in Golden Valley. At that time, the minimum lot area requirements for subdivisions in the R-1 Single Family Residential Zoning District were modified to reflect a context-sensitive approach in large lot neighborhoods in which the minimum lot size was linked to the average size of the R-1 single family lots within 250 feet. Additionally, the minimum lot width requirements in the R-1 Single Family Residential Zoning District were modified to require the minimum lot width be maintained to a point 70 feet from the front property line. These amendments were approved by the City Council on a 3-2 vote at the first reading of the ordinance on March 17 and at the second reading of the ordinance on April 7, and became effective on April 17. A separate process regulating minor subdivisions is also defined within Chapter 12 of the City Code. Staff believes the same amended requirements that were adopted for "regular" subdivisions should also be adopted for minor subdivisions, in order to ensure consistency of application throughout the city, and that this was the clear policy direction of the City Council earlier this year. Attached is a draft of the amended language which would add these two new requirements to those conditions already in place for approval or denial of minor subdivisions. Due to the importance of considering and adopting this change in code, staff is recommending that the required second consideration of the ordinance at a separate meeting be waived. The ordinance would become effective upon approval. Attachments • Underlined-Overstruck Subdivision Code Language (2 pages) • Ordinance #582, Amending Chapter 12: Subdivision Regulations (Platting), regarding Conditions for Approval or Denial for Minor Subdivisions (1 page) Recommended Actions Motion to adopt on first consideration, Ordinance #582, Amending Section 12.50: Minor Subdivisions and Consolidations regarding Conditions for Approval or Denial. Motion to suspend the rules requiring a second consideration of the ordinance at a separate meeting. Motion to adopt on second consideration, Ordinance #582, Amending Section 12.50: Minor Subdivisions and Consolidations regarding Conditions for Approval or Denial. § 12.50 Section 12.50: Minor Subdivisions and Consolidations Subdivision 1. Eligibility for Application In keeping with Minnesota statutes 1989, 462.358 Subdivision la, which allows for the establishment of more than one (1) class of subdivision and more than one (1) set of regulations, certain proposed land subdivisions and consolidations may qualify for application under this section. For such applications, the standards, requirements, and procedures cited herein shall supersede their counterparts in Sections 12.10, 12.11, 12.12, 12.20, 12.30, 12.40 and 12.42 of this ordinance. Each of the following conditions must be met to establish eligibility: A. The land to be subdivided or consolidated must be part of a recorded plat or a recorded Registered Land Survey (RLS). B. Consolidations may involve any number of parcels, but subdivisions shall be limited to the creation of four (4) or fewer lots from one (1) or more original parcels. C. The subdivision or consolidation shall not necessitate any additional public investment in new roads or utilities to serve the lots. Subdivision 2. Components of Application Application for a minor subdivision or consolidation shall be made on forms furnished by the City. A filing fee set by Council resolution shall accompany the application. The applicant shall also furnish fifteen (15) copies of a sketch showing the following: A. North arrow and scale (no smaller than 1" = 100'). B. Overall dimensions of the property and of each internal property division. C. Square footage of the overall property and of each internal property division. D. Location of all public utilities, streets, driveways, and easements, adjacent to or on the property. E. Location and dimensions of any existing buildings, and distances to nearest existing or proposed lot lines on all sides. Source: Ordinance No. 34, 2nd Series Effective Date: 4-11-90 Golden Valley City Code Page 1 of 6 § 12.50 F. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands, as defined by City Code, located within the project limits. These significant trees, specimen trees, and significant woodlands should be identified in both graphic and tabular form. This existing tree survey must be prepared by a certified tree inspector or landscape architect retained by the applicant. Source: Ordinance No. 548, 2nd Series Effective Date: 4-16-15 G. Any other information specific to the particular site and required for the complete evaluation of the application. Such information shall be supplied at the expense of the applicant. Subdivision 3. Conditions for Approval or Denial A. Minor subdivisions or consolidations shall be denied if the proposed lots fail to meet . - - - -- -- - - . : : : : - • . - - - - --: -, , . -: - - : . : : . - - - . : - . I -- .. - -- - -- . -- - - . . . - - - : : . the following requirements: 1. All lots shall meet the minimum area requirements of the zoning district in which they are located, except that lots in the R-1 Single Family Residential District created through minor subdivision after November 4, 2015, must be at least fifteen thousand (15,000) square feet if the average of the R-1 single-family lots within two hundred fifty (250) feet of the subject parcel have an average lot area of eighteen thousand (18,000) square feet or greater, excluding from the calculation the subject parcel and lots less than four thousand one (4,001) square feet. 2. All lots shall meet the minimum dimension requirements of the zoning district in which they are located, except that lots in the R-1 Single Family Residential District created through minor subdivision after November 4, 2015, must meet the minimum lot width at the minimum front yard setback line and maintain that lot width to a point seventy (70) feet back from the front lot line. 3. The front of each lot shall abut entirely on an improved public street. 4. Corner lots shall be platted at least twenty (20) feet wider than the required minimum lot width as required by the Zoning Chapter. Golden Valley City Code Page 2 of 6 ORDINANCE NO. 582, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 12.50: Minor Subdivisions and Consolidations, Regarding Conditions for Approval or Denial The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 12.50, Subdivision 3 Conditions for Approval or Denial is amended to read as follows: Subdivision 3. Conditions for Approval or Denial A. Minor subdivisions or consolidations shall be denied if the proposed lots fail to meet the following requirements: 1. All lots shall meet the minimum area requirements of the zoning district in which they are located, except that lots in the R-1 Single Family Residential District created through minor subdivision after November 4, 2015, must be at least fifteen thousand (15,000) square feet if the average of the R-1 single- family lots within two hundred fifty (250) feet of the subject parcel have an average lot area of eighteen thousand (18,000) square feet or greater, excluding from the calculation the subject parcel and lots less than four thousand one (4,001) square feet. 2. All lots shall meet the minimum dimension requirements of the zoning district in which they are located, except that lots in the R-1 Single Family Residential District created through minor subdivision after November 4, 2015, must meet the minimum lot width at the minimum front yard setback line and maintain that lot width to a point seventy (70) feet back from the front lot line. 3. The front of each lot shall abut entirely on an improved public street. 4. Corner lots shall be platted at least twenty (20) feet wider than the required minimum lot width as required by the Zoning Chapter. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall be in full force and effect immediately upon its passage. Adopted by the City Council this 4th day of November, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk city of golden MEMORANDUM Physical Development Valley Department Y P 763-593-8090/763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 6. F. Authorize Agreements for Wayzata Boulevard (1-394 and TH 100 Frontage Roads) Bikeway Feasibility Study Prepared By Marc Nevinski, Director of Physical Development Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Summary Hennepin County established a Bikeway Participation Program to support the development and enhancement of the bikeway network as identified on the Hennepin County Bicycle Transportation Plan (Bike Plan) Map. The County grant program offers a 50% contribution up to a maximum of$20,000 to help cities complete feasibility studies on planned bikeways. In spring 2015, the City applied for a Bikeway Participation Program grant to study the development of a bikeway along the Wayzata Boulevard (1-394 and TH 100 Frontage Roads) from Cedar Lake Road to Wirth Parkway. This corridor is identified as a planned bikeway on the County's Bike Plan Map and would serve to connect local and regional trails and also link the West End development in St. Louis Park to Minneapolis through Golden Valley. Staff from the cities of Golden Valley, St. Louis Park and Minneapolis met with Hennepin County staff before applying for the grant to discuss bike and pedestrian connections along Wayzata Boulevard. The staffs agreed that they generally support bikeway facilities being developed and connections being made in this corridor and that the corridor should be further studied to look at routes and options. Consensus was that Golden Valley would take the lead in applying for and administering the grant and that the other cities would offer support and participate in the project if funded. The planning-level estimate amount requested in the grant application was $30,000. This summer, the County notified the City that it was awarded the grant and that it will contribute 50% of the funding, up to $15,000, toward the study. As part of this process, the County requires that the City enter into a cooperative agreement for cost participation. Short Elliot Hendrickson, Inc. (SEH) was selected by the City and its partners to assist with the feasibility study. SEH is on the County's approved consultant list, has completed traffic studies in the corridor, and is currently working on the design of intersection improvements at Wayzata Boulevard and Quentin Avenue near the Central Park West development. The SEH proposal is for the not to exceed amount of$35,000. This amount is $5,000 above the original amount requested in the grant application. However, County staff has agreed to fund 50% of the additional $5,000 through direct contract with SEH. Therefore, Hennepin County is providing 50% of the funding for the study in the amount of $17,500 from the following sources: • Grant funding in the amount of$15,000 • Direct contract with SEH for $2,500 Golden Valley's local match ($17,500) will come from the following sources: • 2015-2019 Capital Improvement Program (CIP) for Streets, Sidewalk and Trail System Upgrades (S-030, page 98) in the amount of$14,000. • City of St. Louis Park has agreed to contribute funding for its portion of the study area (up to $3,500). This will be outlined in a separate Letter of Understanding between the cities. Key elements of the study include: 1. Preliminary survey work 2. Review of existing conditions including traffic control, safety issues, and driver behavior 3. Meetings with project team including staff from Hennepin County, Minneapolis Park and Recreation Board, MnDOT, and partner cities 4. Communication with the public and neighborhood via two (2) open house meetings, council meetings 5. Incorporate traffic calming and intersection modifications to improve safety 6. Develop concept layouts and typical sections for viable alternatives 7. Determine a preferred alternative that provides a safe, efficient route for users of all abilities The study is anticipated to begin in November 2015 and be completed in summer 2016. Attachments • Location Map (1 page) • Cooperative Agreement for Cost Participation in a Feasibility Study (6 pages) • Resolution Authorizing a Cooperative Agreement with Hennepin County for a Bikeway Feasibility Study (1 page) • Agreement for Professional Services with SEH, Inc. (4 pages) Recommended Action 1. Motion to adopt Resolution Authorizing a Cooperative Agreement for Cost Participation in a Feasibility Study. 2. Motion to authorize the agreement with SEH, Inc. for professional services for the Wayzata Boulevard Bikeway Feasibility Study. Bike and Pedestrian Facilities o Birch ■ ■ I Bikeway Feasibility Study Corridor Golden Valley e Pond 'rth Regional Trails Minneapolis PkI"' cid Local Trails and Sidewalks Saint Louis Park \ ,A! a rYrot Tr , 1 ilik. "�,�. S4h'Yer ilt. dg co — Wayzata Blvd nterstate-394 j Wayzata Blyd,S Fjontage rid , Tr , \ s , ,`.. r -n Tyrol Crst 6,, '., ` , - South Tyrol e�'e Target f % z elPond d Corporation rn West > xile9vaa > t rol tr N d� End N �` haa�e d y e Ra c Brownie �� e > w Lake . m Z Douglas Ave V� .� -- Douglas Ave m Q > Q w '1' r 0 c - ake Arai\ c ` 0 Z edar i. co w ` North . Old Cedar Lake t vs,---,50 ``\ a Q p Leda Gee rn 3 v " U Cedar �.4 h rsf15 W a 9� At 0. WFr Lake A c�a 0 Wood Ra ,,,,' P� ank/in Ave W 23rd St Z•k�• co •e o' ��\\La Qa -- C Hennepin County Bicycle Transportation Plan ../) aid cedanvoo Planned Bikeway System - February 2015 `too a adovir qt. a TwinIry — IN, .i. \ -� —I Lakes _ agoN o a . \---------‘ -.....„,-- ‘---- ......_0:0- 2 2 ..._• �_r _ - -4*miw-a, Il n II 11 City Of Print Date: 4/17/2015 2015 Bikeway Sources y e !!lYYYolden -Hennepin CountySurveyors Office for Property Lines(2015)&Aerial Photography(2012) valley Participation Program0 city of Golden Valley for allot her layers. 435 870 1740 (Feet Resolution 15-86 November 4, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR A BIKEWAY FEASIBILITY STUDY WHEREAS, Hennepin County has allocated funding for bikeway feasibility studies through its Capital Improvement Plan Bikeway Participation Program; and WHEREAS, Wayzata Boulevard (Interstate 394 and Trunk Highway 100 Frontage Roads) from Cedar Lake Road to Wirth Parkway in the cities of Golden Valley, Minneapolis, and St. Louis Park is identified as a planned bikeway on the Hennepin County Bicycle Transportation Plan Map; WHEREAS, the City of Golden Valley applied for a Bikeway Participation Program grant to study the feasibility of developing a bikeway along Wayzata Boulevard; and WHEREAS, Hennepin County is requiring that the City of Golden Valley enter into a Cooperative Agreement to receive grant funding for the Bikeway Feasibility Study. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley to authorize the Cooperative Agreement with Hennepin County for a Bikeway Feasibility Study. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, 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. Agreement No. PW 43-13-15 County Project No. 1531 City of Golden Valley County of Hennepin COOPERATIVE AGREEMENT FOR COST PARTICIPATION IN A FEASIBILITY STUDY THIS AGREEMENT,made and entered into this day of 20 ,by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota,hereinafter referred to as the "County", and the City of Golden Valley, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS,the City has requested County participation in the costs of studying the feasibility of options to create bikeways along Wayzata Boulevard and Trunk Highway 100 East Frontage Roads from Cedar Lake Road to Cedar Lake Parkway in the cities of Golden Valley, Minneapolis and St. Louis Park; and WHEREAS, the above mentioned feasibility study has been identified as County Project No. 1531 and shall be hereinafter referred to as the "Project"; and WHEREAS,the City will hire a consulting firm to perform the feasibility study, will supervise the preparation of the feasibility study and will administer the contract with the consulting firm; and WHEREAS,the City has prepared an estimate for the feasibility study in the amount of Thirty Thousand Dollars and No Cents ($30,000.00); and WHEREAS,the Project is eligible for participation under Hennepin County's bikeway cost participation policy; and WHEREAS,the County desires to participate in the costs to be incurred by the City for the feasibility study; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. - 1 - Agreement No. PW 43-13-15 C. P. 1531 NOW THEREFORE, IT IS HEREBY AGREED: I The City shall be the lead agency and it or its agents shall be responsible to ensure that all work and services required for the completion of the feasibility study are in accordance with the provisions provided for herein, as well as any and all applicable laws, regulations and guidelines. In addition, it is understood and agreed that the proposed designs shall adhere to County guidelines and practices consistent with the Minnesota Department of Transportation (MnDOT) "Bikeway Facility Design Manual". II The City or its agents shall be responsible for the collection of any and all data required to complete the feasibility study. It is understood that the County will provide the City with existing pertinent data as may be available. III All plans, designs and reports prepared in accordance herewith shall be prepared by or under the direct supervision of a professional engineer,registered in the State of Minnesota, and said plans, designs and reports shall be certified as required by law. IV At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the study process. The County retains the right to, at any time, review and comment on the plans, designs or reports of the City or its agents in regards to the feasibility study proposed herein. V The City shall be responsible for the accuracy of the work of its agents and shall ensure that all necessary revisions or corrections resulting from errors and omissions on the part of the City or its agents are promptly made without additional compensation by the County. Acceptance of the work by the County shall in no way relieve the City or its agents of the responsibility for subsequent corrections of any such errors or omissions and also the clarification of any ambiguities. -2 - Agreement No. PW 43-13-15 C. P. 1531 VI It is understood and agreed by the City that the feasibility study proposed herein shall be completed within one year from date of agreement execution. Upon completion of the feasibility study,the City shall furnish the County with three (3) copies of the completed report. VII The County shall reimburse the City for fifty percent(50%) of the costs for the feasibility study up to a maximum amount of Fifteen Thousand Dollars and No Cents ($15,000.00). It is further understood and agreed that the County's total reimbursements to the City for the herein agreed feasibility study shall not exceed the maximum amount without an amendment to this Agreement. Upon completion of the feasibility study, the City shall invoice the County for reimbursement. Said invoice shall include a copy of invoices submitted to the City by the consulting engineering firm for work performed in accordance with this Agreement. The City shall submit invoices to Mr. Robert Byers, Senior Professional Engineer or his successor at the Hennepin County Transportation Department, 1600 Prairie Drive, Medina, MN, 55340-5421. The County will within forty five (45) days of said invoice, deposit with the City funds totaling the amount of said invoice. VIII It is understood that the monetary reimbursement to the City provided for herein is for the County's total share of the feasibility study and that nothing herein shall be construed as a commitment by the County to participate in the construction costs of any improvements implemented as a result of the feasibility study. IX All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. X The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City or said city's consultant or sub consultant, anyone directly or -3 - • Agreement No. PW 43-13-15 C. P. 1531 indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XI It is agreed that each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of actions,judgments, damages, loses, fines,penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. XII It is further agreed that any and all employees of the City and all other persons engaged by said City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. XIII Any alteration, variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. XIV The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall -4- Agreement No. PW 43-13-15 C. P. 1531 be considered a part of this Agreement as though fully set forth herein. XV The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space left intentionally blank) - 5 - Agreement No. PW 43-13-15 C. P. 1531 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF GOLDEN VALLEY (Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: Assistant County Attorney And: Date: Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney County Highway Engineer Date: Date: -6- J SEH Building a Bener World for All of Us' September 28, 2015 RE: City of Golden Valley, Minnesota 1-394 South Frontage Road (Wayzata Boulevard) Bikeway Feasibility Study Proposal Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Jeff: Thank you for the opportunity to provide professional services to the City of Golden Valley for the Wayzata Boulevard Bikeway Feasibility Study. The City is requesting a scope of work that will provide the first step towards implementing a bikeway connection from the North Cedar Lake Trail in St. Louis Park through Golden Valley and connecting to the Grand Rounds trail system in the City of Minneapolis along Theodore Wirth Parkway. This bikeway/trail segment would provide a critical link between local and regional bike facilities located in these three cities (Golden Valley, St. Louis Park, and Minneapolis)and would fill a gap in the system. The study will include a review of potential options for the location and construction of on-street or off-street trail segments in this corridor, public and agency involvement and a high level opinion of costs to aid in decisions for moving forward. This letter serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. BACKGROUND The corridor is identified as a planned bikeway in the Hennepin County bike plan map. The project will complete a bike loop connecting to two regional bike trails(North Cedar Lake & Grand Rounds)and will also provide an important connection to the multi-use West End development area in St. Louis Park and to the Minneapolis bike network. This study will also consider existing safety issues(intersection sight distance)and driver behavior issues (speeding)that exist along portions of Wayzata Boulevard and Quentin Avenue. The study will identify alternatives that provide safe bikeway/trail operation with an emphasis on traffic calming and intersection safety improvements. The City of Golden Valley is the lead agency administering the grant received from Hennepin County with cooperation and support from the City of Minneapolis and City of St. Louis Park. SCOPE OF WORK Preliminary Survey SEH is proposing a limited amount of survey work for this study. The majority of the corridor layout work is expected to be conducted with the use of aerial contour mapping. The proposed survey work will include obtaining topo and elevation information in a number of places along the route to verify critical widths, especially those that are considered constrained —bordered by noise walls, retaining walls or otherwise tight right of way, or sight obstructions. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196 SEH is 100%employee-owned I sehinc.com I 651.490.2000 I 800.325.2055 I 888.908.8166 fax Mr. Jeff Oliver Wayzata Boulevard Bikeway Feasibility Study Proposal Page 2 Meetings/Project Communication We propose to manage this project utilizing a Project Management Team (PMT)that would include representatives from each of the project partners. Meetings held at the City of Golden Valley would include Hennepin County, City of Minneapolis, and City of St. Louis Park staff plus Minneapolis Park and Recreation Board and MnDOT staff. Our Project Manager, will work closely with the PMT to build good communication and project issues understanding in order to foster timely decisions. We assume that the agency provided PMT representatives will serve as liaisons to the various bicycle, pedestrian, or transportation advisory committees at the county and for each city. Given the desire to complete the work in under a year, we have scheduled monthly meetings into the scope with draft agenda topics in a "look ahead" schedule that sets the milestones for the study. The first meeting will be a kick off meeting with PMT members at the beginning of the study. The purpose of this meeting will be to confirm the study goals, identify concerns and agree on the public involvement approach and study schedule. For the purpose of this proposal, we have assumed two public open houses. The first one would be after the viable trail routes and options have been identified. The second open house would be close to the conclusion of the study, at which the preferred alternate is presented. Feasibility Study and Report SEH will review a number of options for the trail location which lies primarily in the Wayzata Boulevard/Quentin Avenue corridor. The alternatives consist of on-street trail or off-street trail options and may vary by project segment. Alternate on-street trail routes in the neighborhoods of St. Louis Park and Golden Valley will be reviewed. Issues in St. Louis Park include selecting a bikeway concept that achieves the desired connectivity but minimizes or avoids creating new safety conflicts especially at the Old Cedar Lake Road and Quentin Avenue intersection. In Golden Valley, the issues include providing a safe bikeway/trail while incorporating traffic calming and intersection sight line improvement modifications. In Minneapolis, the objective is to extend the on, or off-street bikeway through the complex France Avenue intersection along the south frontage road to the existing trails on Theodore Wirth Parkway and Cedar Lake Parkway. City of Minneapolis staff has indicated that in 2015, consistent with their bike plan, they intend to install on-street bike lanes on Wayzata Boulevard from France Avenue to the east. Concept typical sections and layouts will be prepared for alternatives for consideration by the PMT and presentation at the first open house. A layout of the final preferred route will be prepared for the second open house and inclusion in the feasibility report. The report will review existing conditions, options reviewed, methodology for comparison of alternates, and high level opinion of cost for the preferred alternate. Summaries of the public meetings and recommendations for next steps will also be included. PROJECT TEAM Mike Kotila will serve as the Project Manager. Heather Kienitz, SEH's bicycle and pedestrian specialist will participate as a resource to provide advice to the PMT to assist with multimodal technical options and recommendations. Tim Wegwerth and Jay Becker are assigned to the project as the project civil team, providing conceptual layouts and cost estimates along with other technical production work. Mike Kotila will provide traffic background, and technical support at PMT meetings as necessary and will also participate in the public meetings. • Mr. Jeff Oliver Wayzata Boulevard Bikeway Feasibility Study Proposal Page 3 SCHEDULE We expect to begin working on the study in October after the County's grant agreement is approved by the City and this contract is signed. We anticipate the study to last 6 to 8 months with report completion in early April or May of 2016. The following is the anticipated monthly meeting milestones: • October—Hold a kick-off meeting, review issues, brainstorm potential solutions and alternatives • November— Review alternate typical sections, discuss constrained areas, develop options for the open house • Open House No. 1 — December or January • January— Discuss open house feedback, select a preferred alternative • February— Discuss layout and cost of preferred option. Plan for open house. Review report outline • Open House No. 2— February or March • March — Discuss open house, refine layout and cost, prepare and distribute draft report • March — Receive draft report comments • April —Deliver final report COMPENSATION SEH proposes to be compensated for the scope of work proposed in this Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage and equipment. We have estimated the services described above to cost a total of $35,000. The person/hour task budgets for each phase of the work are attached. This agreement is our understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff and the community on this project. Thanks for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. Mike Kotila, PE Principal/ Project Manager p:\fj\g\goldv\980100\wayzata blvd-s frontage road\wayzata blvd bikeway feasibility\wayzata blvd bikeway letter agreement 092815.docx Approved this day of , 2015 City of Golden Valley, Minnesota By: Wayzata Boulevard Bikeway Feasibility Report City of Golden Valley SEH SEH No.GOLDV-132xxx August 3,2015 Graduate Prujecl Sine)Cree Professional Lead Billing Tine Manager Chief Admin Tech Engineer Landscape 14chniciun I olal .\rchitect Employee Name Mike Kolila Paul Ilangen Karen A Heather .Andress .las Becker Laurie(8', Kienitz Dlontgomen Task#1-Project Management&Meetings 1.0 Contract and General Develop contract;Create project in accounting system I I 2 Communications,correspondence and records 6 I 7 Invoice/Budget Review 8 8 Subtotal Hours 15 2 17 Subtotal Labor Fees $3,057.08 $184.28 $3,241.35 1.1 Meetings(Notice,Agenda,Materials,Minutes) Kickoff meeting with PMT(1) 4 2 4 10 Kickoff meeting with SEH Staff(1) 2 I I 1 I 6 PMT meetings(6) 24 12 4 8 48 Open House(2) 16 4 8 28 Design review meetings(2) 4 4 Subtotal Hours 50 1 2 21 13 9 96 Subtotal Labor Fees 510.190.25 S103.73 $184.28 53,001.23 S1,055.28 $1,189.00 S15,723.76 Task#1 Hours Summary' 65 1 4 21 13 9 113 Task#1 Labor Fee Summary $13,247.33 $103.73 $368.55 $3,001.23 $1,055.28 $1,189.00 $18,965.11 Task#2-Feasibility Study 2.0 Data Collection AeriaVContour basemap prep 4 4 Property owner information 4 4 Record Plans 4 4 Project photographs 4 4 Subtotal Hours 412 16 Subtotal Labor Fees $414.92 S1.585.33 52,0011.25 2.1 Feasibility Study _ Identify opportunities and constraints 2 2 2 6 Prepare concept cross sections(engineering and illustrated) _ _ 16 16 34 _ Field review; Collect constrained topo information 16 2 2 20 Develop working layout 1 2 16 19 Refine Sections I 2 S 8 19 Refine Working Layout I 2 8 11 Concept opinion of cost I _ 2 16 19 Subtotal Hours 6 16 14 24 68 128 Subtotal $1,222.83 $3,260.88 $2,853.27 $4,891.32 $13,858.74 $26,087.04 2.2 Report Preparation Prepare opportunity and constraints graphic 4 4 8 Finalize section/map graphics 2 4 4 10 Write Report 8 16 4 28 Revise Report 2 4 2 8 Print and Distribute Final Report 1 _ 2 3 Subtotal Hours 17 _ 2 20 14 4 57 Subtotal Labor Fees $3,464.69 $184.28 $2,858.31 $1,136.46 $528.44 $8,172.17 Task#2 Hours Summary 23 20 2 34 38 84 201 Task#2 Labor Fee Summary $3.464.69 5414.92 S184.28 $2,858.31 $1,136.46 $5,812.88 $13,871.53 Project Summary • Project Hours Summary 88 21 6 55 51 93 314 Project Labor Fee Summary $16,712.01 $518.65 $552.83 $5,859.54 $2,191.74 $7,001.88 $32,836.64 Expenses $2,162.00 Project Total I I I I I $34,998.64 Paget of 1 city �golien1' MEMORANDUM valley City Administration/Council 763-593-8003/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 4, 2015 Agenda Item 6. G. Resolution of Appreciation for the City of Robbinsdale from the Joint Water Commission Prepared By Timothy Cruikshank, City Manager Summary The Joint Water Commission (JWC) is a joint powers agreement between the Cities of Golden Valley, New Hope and Crystal. The three cities provide for the operation and ownership of a water supply and distribution and support system. The JWC buys water from the City of Minneapolis. One of the JWC transmission water main runs from Minneapolis along 42nd Avenue to the Golden Valley reservoir passes through the City of Robbinsdale. In 2013 and 2014, the water main suffered major breaks creating disruption for business and property damage in the City of Robbinsdale. In 2015, the entire JWC water main running along 42nd Avenue in Robbinsdale was repaired to minimize the risk of future breaks which caused disruptions for traffic and business in Robbinsdale. The water main repair work is almost complete and the restoration will soon be done. Throughout the process of the repairs and restoration the City of Robbinsdale through is residents, businesses, council, and staff has been very supportive in our needs to distribute water to our customers. This resolution is to show thanks and appreciation to the city. Attachments • Resolution of Thanks and Appreciation for the City of Robbinsdale (2 pages) Recommended Action Motion to adopt Resolution of Thanks and Appreciation for the City of Robbinsdale. Resolution 15-87 November 4, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION OF THANKS AND APPRECIATION FOR THE CITY OF ROBBINSDALE WHEREAS, the City of Golden Valley, along with the cities of Crystal and New Hope, formed the Joint Water Commission (JWC) to purchase from the City of Minneapolis; and WHEREAS, one of the JWC transmission water mains that run from Minneapolis along 42nd Avenue to the Golden Valley reservoir passes through the City of Robbinsdale; and WHEREAS, in June 2013, this water main suffered a major break, creating a huge sinkhole and causing significant disruption for traffic and businesses in Robbinsdale at 42nd Avenue and West Broadway; and WHEREAS, in September 2014, this water main suffered another break, creating flooding and property damage at 42nd and Regent Avenues in Robbinsdale; and WHEREAS, in 2015, the entire JWC water main along 42nd Avenue through Robbinsdale was repaired to minimize the risk of future breaks, leaks and other disruptions; and WHEREAS, this 2015 repair work created many traffic and business disruptions primarily in Robbinsdale; and WHEREAS, this water main repair work is almost complete and the street restoration will soon be done. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley: 1. The City Council of the City of Golden Valley sincerely thanks the City of Robbinsdale for their cooperation and patience over the last three years as the issues regarding the JWC water main have been addressed; and 2. The City if Golden Valley sincerely appreciates Robbinsdale as Golden Valley's good neighbor in proving services to the community. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, 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.