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12-15-15 CC Agenda Packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber December 15, 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 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - December 1, 2015 3-6 B. Approval of City Check Register 7 C. Licenses: 1. City Gambling Licenses 8 2. General Business Licenses 9-10 3. Gambling License Exemption and Waiver of Notice Requirement - Northwest 11-13 Suburban Chapter of Pheasants Forever 4. Therapeutic Massage Facility License Renewal - ME Golden Valley, LLC d/b/a 14 Massage Envy Spa 5. Therapeutic Massage Facility License Renewal - Artistic Urges LLC d/b/a 15 Artistic Urges Hair Consultants D. Minutes of Boards and Commissions: 1. Bassett Creek Watershed Management Commission - October 15, 2015 16-22 E. Bids and Quotes: 1. Award Kewanee Way Sanitary Sewer Lining Project 23 F. Approval of 2016 General Wages and Salaries for Non-union Personnel 15-96 24-27 G. Second Consideration - Ordinance #585 - Amending Section 4.32 Tree Preservation 28-55 H. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations 56-62 15-97 I. Authorize Call of General Obligation Storm Sewer Utility Revenue Bonds, Series 63-66 2006C 15-98 J. Engagement Letter - Auditing Services for 2015 Fiscal Year 67-75 K. Authorize Transfer from Capital Improvement Fund and Equipment Replacement 76-77 Fund to Certificates of Indebtedness Fund 15-99 L. Financing of City Projects and Establishing Compliance with Reimbursement Bond 78-81 Regulations under Internal Revenue Code 15-100 M. Financing of the Liberty Crossing Project and Establishing Compliance with 82-84 Reimbursement Bond Regulations under Internal Revenue Code 15-101 3. CONSENT AGENDA - continued N. Approval of Interfund Loan in Connection with Tax Increment Financing District 85-87 (Redevelopment), Winnekta Avenue North and Medicine Lake Road 15-102 O. Authorization to Sign Second Amendment to Agreement for Animal Pound Services 88-98 with City of Robbinsdale P. Authorize Agreements for Liberty Crossing Flood Mitigation Improvements Final 99-117 Design and Construction Services 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Ordinance 586 - Approval of Conditional Use Permit 141 - 5401 and 118-142 5403 Minnaqua Drive - Rakhma, Inc., Applicant B. Public Hearing - Ordinance 587 - Approval of Conditional Use Permit 142 - 8836 7th 143-158 Avenue North - Calvin Christian School, Applicant C. Public Hearing to Vacate Easements at 7751 Medicine Lake Road, 2430 Winnetka 159-164 Avenue North, and 2485 Rhode Island Avenue North (Liberty Crossing PUD) 15-103 5. OLD BUSINESS 6. NEW BUSINESS A. Authorization To Proceed with the Brookview Community Center Replacement 165-167 Project 15-104 B. Authorize Contract for Design, Engineering and Construction Administration 168-170 Professional Services for the Brookview Community Center Replacement Project C. Approval of Plat - Liberty Crossing PUD No. 123 and Authorization to Sign PUD 171-194 Permit and PUD Development Agreement - Liberty Crossing PUD No. 123 15-105 D. METRO Blue Line Update 195 E. Announcements of Meetings F. Mayor and Council Communications 7. ADJOURNMENT city of UNOFFICIAL MINUTES gofdeva CITY COUNCIL MEETING �1GOLDEN VALLEY, MINNESOTA December 1, 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. Board/Commission Oath of Office and Presentation of Certificate of Appointment Mayor Harris administered the Oath of Office and presented a Certificate of Appointment to Mr. Aaron Black, Mr. Scott Charlesworth-Seiler and Ms. Sarah Meyerring to the Human Services Fund, Mr. Andrew Bukowski to the Open Space and Recreation Commission and Mr. Nabil Pruscini to the Human Rights Commission. 1D. Receipt of Human Services Fund 2016 Allocation Report Andrew Wold, Chair, Human Services Fund, reviewed the funding report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to receive and file the 2016 Allocation Report and approve notifying the nine agencies of their 2016 allocation amount with the following designations and the motion carried. Canvas Health/Crisis Connection: Funds to be used to continue crisis phone service. Crisis Nursery: Funds to be used to provide support and assistance for Golden Valley families in crisis. Dinner At Your Door: Funds to be used to supply discounted meals for resident as needed. PRISM: Funds to be used to provide emergency and support services for Golden Valley residents. Senior Community Services HOME: Funds to be used for sliding fee scale to assist low- income Golden Valley seniors. Senior Community Services Outreach: Funds to be used for in-home service coordination and counseling to residents. Sojourner Project: Funds to be used to support Sojourner Project's Shelter and Community Legal Advocacy Program for Golden Valley residents. The Bridge for Youth: Funds to be used for "Project Cab" to provide emergency transportation to youth in crisis. TreeHouse: Funds to be used to offset the cost of transporting teens to the TreeHouse facility in New Hope and St. Louis Park. YMCA - New Hope: Funds to be used to provide scholarships for memberships and programs for residents. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the agenda of December 1, 2015, as submitted and the motion carried. Unofficial City Council Minutes -2- December 1, 2015 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Snope to approve the consent agenda of December 1, 2015, as submitted and the motion carried. 3A. Approve Minutes of the City Council Meeting of November 17, 2015, and the Council/Manager Meetings of October 13 and November 10, 2015. 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - October 26, 2015 2. Human Rights Commission - October 27, 2015 3D. Award a contract for the City Hall 2015-2016 Lower Level Remodel Project, City Project No. 15-25, to the lowest responsible bidder, Green Construction Services, in the amount of$333,900 and for the City Hall 2015-2016 Lower Level Asbestos Abatement, City Project No. 15-29, to the lowest responsible bidder, Lindstrom Environmental, Inc., in the amount of$46,207. 3E. Authorize entering into a contract with SEH, Inc. for design and construction services for the 2016 PMP, not to exceed $82,900. 3F. Adopt second consideration, Ordinance #583, establishing A 2016 Master Fee Schedule. 3G. Authorize City Manager to sign the 2016 amendment to Contract 04-01 between City of Golden Valley and North American Cleaning Services. 3H. Authorize the two year agreement with Hennepin County for the Sentencing to Service Program in the amount not to exceed $185,536. 31. Adopt Resolution 15-90, authorizing Transfer of$1,000,000 from the Building Improvement Fund to Brookview Community Center Building Fund. 3J. Receive and file the October 2015 Financial Reports. 3K. Adopt Resolution 15-91, establishing a Public Hearing to Consider Vacation of Easements in the Plats of Golden Valley VFW Post Number 7051 and MCTAC Addition on December 15, 2015, at 7 pm. 3L. Authorize entering into Master Agreements for the 2016-2017 Sanitary Sewer Repair Program with the following companies: Gene's Water and Sewer, Highview Plumbing and Ouverson Sewer and Water. 3M. Adopt Resolution 15-92, approving the 2016-2020 Capital Improvement Program. 3N. Adopt Resolution 15-93, adopting the 2016-2017 Budget for Enterprise, Special Revenue and Internal Services Funds. 30. Receive and file the Rental License Inspections and Access Survey. 4. PUBLIC HEARING 4A. Public Hearing - Adoption of 2016-2017 General Fund Budget and Property Tax Levies for Taxes Payable 2016 Finance Director Virnig presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. Mayor Harris opened the public hearing. Mr. Victor Harvath, 5901 Laurel Avenue #129, provided a background of the company he is employed at and the length of time their company vehicles are kept. He asked that the City not get rid of their vehicles to soon. He challenged the City to watch spending and the budget. Unofficial City Council Minutes -3- December 1, 2015 4A. Public Hearing - Adoption of 2016-2017 General Fund Budget - continued Mayor Harris closed the public hearing. There was Council discussion regarding the adoption of the 2016 Property Tax Levy and the 2016-2017 General Funds Budget. MOTION made by Council Member Snope, seconded by Council Member Fonnest to remove the monetary numbers from the proposed budget and levy totaling $129,000 and the motion carried. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt Resolution 15-94, adopting the 2016-2017 Budget of the General Fund Budget in the amount of$17,750,195 upon a vote being taken the following voted in favor of: Harris, Snope, Schmidgall, Clausen and Fonnest and the following voted against: none and the motion carried. MOTION made by Council Member Clausen, seconded by Council Member Fonnest to adopt Resolution 15-95, adopting the Property Tax Levies for Taxes Payable 2016 Budget in the amount of$19,813,310 upon a vote being taken the following voted in favor of: Harris, Snope, Schmidgall, Clausen and Fonnest and the following voted against: none and the motion carried. 6. NEW BUSINESS 6A. First Consideration - Ordinance #585 - Amending Section 4.32: Tree Preservation Associate Planner/Grant Writer Goellner presented the staff report and answered questions from Council. Park Maintenance Supervisor Lundstrom answered questions from Council. There was Council discussion regarding amending the City Code concerning tree preservation. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt first consideration Ordinance #585, amending Section 4.32: Tree Preservation upon a vote being taken the following voted in favor of: Harris, Clausen, Snope, Fonnest and Schmidgall and the following voted against: none and the motion carried. 6B. METRO Blue Line Extension Update Physical Development Director Nevinski presented the staff report. 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. Announcements of Meetings Some Council Members may attend the retirement party for St. Louis Park Mayor Jeff Jacobs on December 3, 2015, from 5 to 7:30 pm at the Minneapolis Marriot West in St. Louis Park. Unofficial City Council Minutes -4- December 1, 2015 6C. Announcements of Meetings - continued Some Council Members may attend the Senate Capital Committee tour of Golden Valley projects on December 3, 2015, starting at 3:30 pm. The Supper with Santa will be held on December 4, 2015, from 6 to 7:15 pm at Brookview Community Center. A Council Quarterly Review Session will be held on December 8, 2015, at 5 pm in the Council Chambers. The next Council/Manager Meeting will be held on December 8, 2015, at 6:30 pm in the Council Chambers. The Senior Holiday Tea will be held on December 14, 2015, from 1 to 2 pm at Brookview Community Center. A Special Housing and Redevelopment Authority Meeting will be held on December 15, 2015, at 5:30 pm in the Council Chambers. The next City Council Meeting will be held on December 15, 2015, at 6:30 pm. City Manager Cruikshank reviewed the Council/Manager Meeting agenda of December 8, 2015. 6D. Mayor and Council Communication No action and/or discussion took place. 7. ADJOURMENT MOTION made by Council Member Snope, seconded by Council Member Clausen and the motion carried to adjourn the meeting at 8:33 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk City of e r golden11MEMORANDUMAdministrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 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. city of golden , MEMORANDUM Valley City Administration/Council 763-593-3991 /763-593-8109(fax) , �a�,�`s�»r' :. �°+s ?x?+ �"£+:i'r,s1P„Sv�,� ,,. "",• a. "r�F't w..., ti?v. �,r. � "�`�.... 5��+ �.^ e w,,is��a�:x Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. C. 1. City Gambling Licenses Prepared By Judy Nally, Administrative Assistant Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post#523 Chester Bird American Legion Post#523 200 Lilac Drive North 200 Lilac Drive North Golden Valley, Minnesota 55427 Minnesota/USA Wrestling, Inc. JJ's Clubhouse 1422 Emerson Avenue North 6400 Wayzata Boulevard Minneapolis, Minnesota 55411 Crystal Lions Schullers Tavern P 0 Box 28106 7348 Country Club Drive Crystal, Minnesota 55422 Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post#523; Minnesota/USA Wrestling, Inc. and Crystal Lions. City of golden11 ME M valley Inspections Department 763-593-8090/763-593-3997(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. C. 2. General Business Licenses Prepared By Shannon Dietrich, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the license number, applicant name and address, license type and fee of those who have submitted an application for approval. #8552 Down in the Valley, Inc. Cigarettes/Tobacco $ 275.00 8020 Olson Memorial Highway #8550 Feist Automotive Group Cigarettes/Tobacco $ 275.00 d/b/a Feist Automotive 1875 Lilac Drive N #8557 Freddie Petroleum Cigarettes/Tobacco $ 275.00 d/b/a Amstar Gas Station 9405 Medicine Lake Road #8546 Golden Valley Country Club Cigarettes/Tobacco $ 275.00 7001 Golden Valley Road #8544 Golden Valley Liquor Barrel Cigarettes/Tobacco $ 275.00 7890 Olson Memorial Highway #8549 Holiday Stationstores, Inc. Cigarettes/Tobacco $ 275.00 7925 Wayzata Boulevard #8551 KKS Inc. - Potpourri Gifts Cigarettes/Tobacco $ 275.00 5500 Wayzata Boulevard #LL120 #8555 Linn Retail Centers Inc. Cigarettes/Tobacco $ 275.00 600 Boone Avenue North #8547 Northern Tier Retail LLC Cigarettes/Tobacco $ 275.00 d/b/a SuperAmerica #4443 1930 Douglas Drive #8549 Northern Tier Retail LLC Cigarettes/Tobacco $ 275.00 d/b/a SuperAmerica #4497 6955 Market Street #8543 RZMP Corporation Cigarettes/Tobacco $ 275.00 d/b/a Schuller's Tavern 7345 Country Club Drive #8545 Scoreboard Inc. Cigarettes/Tobacco $ 275.00 d/b/a J.J.'s Clubhouse 6400 Wayzata Boulevard #8553 Walgreen Company Cigarettes/Tobacco $ 275.00 d/b/a Walgreen's#430 5659 Duluth Street #8554 Walgreen Company Cigarettes/Tobacco $ 275.00 d/b/a Walgreen's#13841 2500 Winnetka Avenue Recommended Action Motion to authorize the issuance of licenses as recommended by staff. city of golden , MEMORANDUM valley City Administration Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement- Northwest Suburban Chapter of Pheasants Forever Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Northwest Suburban Chapter of Pheasants Forever. MINNESOTA LAWFUL GAMBLING 5/15 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days,and is postmarked or received 30 days or more before the event,the awards less than$50,000 in prizes during a calendar application fee is$100; otherwise the fee is$150. year. If total raffle prize value for the calendar year will be' Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Northwest Suburban Chapter of Pheasants Forever Permit Number: X-36487 Minnesota Tax ID Federal Employer ID Number, if any: Number(FEIN), if any: Mailing Address: 10015 Holloway Farms Road City: Greenfield State: MN Zip: 55357 County: Hennepin Name of Chief Executive Officer(CEO): Bruce Behm Daytime Phone: 763-550-9000 Email: Bruceb@quazarcapital.com NONPROFIT STATUS Type of Nonprofit Organization (check one): nFraternal Religious n Veterans ED Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) nA current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive,Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 EiIRS income tax exemption (501(c))letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. riIRS-Affiliate of national,statewide,or international parent nonprofit organization(charter) If your organization falls under a parent organization,attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Golden Valley Country Club Address (do not use P.O. box): 7001 Golden Valley Road City or Township: Golden Valley Zip: 55427 County: Hennepin Date(s) of activity(for raffles, indicate the date of the drawing): February 6, 2016 Check each type of gambling activity that your organization will conduct: nBingo* n Paddlewheels* n Pull-Tabs"' IITipboards* nRaffle(total value of raffle prizes awarded for the calendar year:$20,000.00 ) * Gambling equipment for bingo paper,paddlewheels, pull-tabs,and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor,go to www.mn.gov/gcb and click on Distributors under List of Licensees, or call 651-539-1900. LG220 A lication for Exem t Permit s/is PP P Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township e The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting period,and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. The application is denied. Print City Name: Golden Valley Print County Name: gnat/- fgity Perso -I:Al / Signature of County Personnel: L ' Titl= 1.0. III ik f `'�� Date: IV I Title • _ , Date: TOWNSHIP(if required by the county) On behalf of the township,I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) submitting application to the Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: December 8, 2015 (Signature mu be CEO's signature; designee may not sign) Print Name: Bruce Behm REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is$100; otherwise the fee is$150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B,Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years(Minn. Statutes,section 349.166,subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue;Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies;anyone pursuant to court Minnesota. Your organization has the right to the permit,all information provided will become order;other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence,may refuse to issue a permit. about your organization are available to Board given;and anyone with your written consent. If your organization supplies the information members,Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print, braille) upon request. An Equal Opportunity Employer city of golden „ MEMORANDUM Valley 11y Police Department P 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. C. 4. Therapeutic Massage Facility License Renewal - ME Golden Valley, LLC d/b/a Massage Envy Spa Prepared By Stacy Carlson, Chief of Police Daniel Pacholke, Detective Summary ME Golden Valley, LLC d/b/a Massage Envy Spa, located at 7704 Olson Memorial Highway has applied for a massage facility license renewal. Documents submitted by the applicant indicate that ME Golden Valley, LLC d/b/a Massage Envy Spa is owned by Kevin Seeger of Plymouth, Minnesota; Eileen Seeger, Grand Forks, North Dakota; and Beth Seeger, Phoenix, Arizona. A background investigation of Mr. Kevin Seeger, Ms. Eileen Seeger, and Ms. Beth Seeger, including record checks been completed. The applicants meet City Code requirements for the issuance of a massage facility license. Recommended Action Motion to approve the issuance of a Therapeutic Massage Facility License renewal for ME Golden Valley, LLC d/b/a Massage Envy Spa, located at 7704 Olson Memorial Highway. city o golden , MEMORANDUM valley Police Department •/ 763-593-8079/763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. C. 5. Therapeutic Massage Facility License Renewal - Artistic Urges LLC d/b/a Artistic Urges Hair Consultants Prepared By Stacy Carlson, Chief of Police Daniel Pacholke, Detective Summary Artistic Urges LLC d/b/a Artistic Urges Hair Consultants, located at 1405 North Lilac Drive, Suite 114, has applied for a therapeutic massage facility license renwal. Documents submitted by the applicant indicate that Artistic Urges LLC d/b/a Artistic Urges Hair Consultants is wholly owned by DeVonne Lynn Reinhardt-Brock of Minneapolis, Minnesota. Ms. Reinhardt-Brock has owned/operated Artistic Urges LLC d/b/a Artistic Urges Hair Consultants since 1991. A background investigation of Ms. Reinhardt-Brock, including record checks been completed. The applicant meets City Code requirements for the issuance of a massage facility license renewal. Recommended Action Motion to approve the issuance of a therapeutic massage facility license renewal to Artistic Urges LLC d/b/a Artistic Urges Hair Consultants at 1405 North Lilac Drive, Suite 114. Cr. Item 4A BCWMC 11-18-15 Watershed e sht C Bassett Creek Watershed Management Commission Minutes of Regular Meeting October 15,2015 Golden Valley City Hall,8:30 a.m. Commissioners and Staff Present: Crystal Commissioner Guy Mueller,Vice Chair Robbinsdale Alternate Commissioner Michael Scanlan Golden Valley Commissioner Stacy Hoschka,Treasurer St. Louis Park Commissioner Jim de Lambert, Chair Medicine Lake Commissioner Clint Carlson Administrator Laura Jester Minneapolis Commissioner Michael Welch Attorney Kyle Hartnett, Kennedy&Graven Minnetonka Commissioner Jacob Millner, Secretary Engineer Karen Chandler, Barr Engineering New Hope Alternate Commissioner Pat Crough Recorder Amy Herbert Plymouth Commissioner Ginny Black Technical Advisory Committee (TAC)Members/Other Attendees Present: Lois Eberhart,TAC, City of Minneapolis Alexandra Prasch, citizen Dan Fetter, Barr Engineering Company Mark Ray, TAC, City of Crystal Erick Francis,TAC,City of St. Louis Park Ben Scharenbroich, City of Plymouth Richard McCoy, TAC, City of Robbinsdale Liz Stout,TAC, City of Minneapolis Jeff Oliver,TAC, City of Golden Valley David Tobelmann,Alternate Commissioner,City of Plymouth Bob Paschke,TAC,City of New Hope Wayne Sicora, Commissioner,City of Robbinsdale 1.CALL TO ORDER AND ROLL CALL On Thursday, October 15,2015,at 8:34 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 Medicine Lake and Minneapolis absent from roll call]. 2. CITIZEN FORUM ON NON-AGENDA ITEMS No issues raised. 1 BCWMC October 15, 2015, Meeting Minutes 3.AGENDA Commissioner Mueller moved to approve the agenda as presented.Commissioner Hoschka seconded the motion. Upon a vote,the motion carried 7-0 [Cities of Medicine Lake and Minneapolis absent from vote.] [Commissioner Carlson, City of Medicine Lake, arrived]. 4.CONSENT AGENDA Alternate Commissioner Scanlan moved to approve the Consent Agenda as presented. Commissioner Black seconded the motion. Upon a vote,the motion carried 8-0 [City of Minneapolis absent from vote]. [The following items were approved as part of the Consent Agenda: the September 17, 2015,BCWMC meeting minutes,the October 2015 financial report,the payment of invoices, Approval to Set Technical Advisory Meeting for November 5,2015,Approval of City of Minneapolis Reimbursement Request for CR2012 Main Stem Restoration Project,Approval of Residential Project in Golden Valley, Approval of User Agreement with Hennepin County for Use of Pictometry Data.] The general and construction account balances reported in the Fiscal Year 2015 Financial Report prepared for the October 15,2015,meeting are as follows: Checking Account Balance $580,260.54 TOTAL GENERAL FUND BALANCE $580,260.54 TOTAL CASH& INVESTMENTS ON-HAND (9/9/15) $3,296,350.04 CIP Projects Levied—Budget Remaining ($3,459,234.37) Closed Projects Remaining Balance $162,884.33 2012-2014 Anticipated Tax Levy Revenue $5,585.36 2015 Anticipated Tax Levy Revenue $495,084.26 Anticipated Closed Project Balance $337,785.29 5. BUSINESS A. Receive Financial Accounting of Watershed Management Plan Development Administrator Jester pointed out that the meeting packet contains a memo and a spreadsheet detailing the financial accounting of the development of the watershed management plan. She reminded the Commission that the process was very involved,and she pointed out that the Commission hadn't originally budgeted for a very involved process but had budgeted for a plan update.Administrator Jester stated that as the plan process proceeded,the BCWMC had a very robust public input process and also the Plan Steering Committee,TAC Committee, and Commission heavily discussed and debated policies as part of the plan process. [Commissioner Welch, City of Minneapolis, arrived]. 2 BCWMC October 15, 2015, Meeting Minutes Administrator Jester said that the Commission had set its original plan budget in February 2013 at an amount of$95,485. She said that this budget was set before the Commission understood how complicated the plan discussions were going to be. Administrator Jester reminded the Commission that in subsequent years,the Commission budgeted additional funds for the plan development, for a total plan development budget of $150,000 over four years. She reported that the Commission spent$148,120 on plan development over the four years. Administrator Jester noted that the amount spent does not include Administrator Jester's time spent on the plan, which totaled$21,000. Several Commissioners offered comments on the plan development process. Chair de Lambert noted the Plan process was good and he thought the total price was fair and in line with outcomes. Commissioner Black remarked that not included in the plan development cost accounting is the XP-SWMM and P8 model updating, which the Commission did alongside of the plan update and which she considers as part of the plan development process. She said that the cost of the XP-SWMM and P8 model updates brings the cost of the plan update much higher. Commissioner Black said that the models are good tools but will need maintenance that should be budgeted in future years along with other long-term costs to the Commission. B. Consider Ordering Feasibility Study for Bassett Creek Main Stem Restoration Project, Minneapolis (2017CR-M) Administrator Jester reminded the Commission that at its September meeting it reviewed a proposal for a feasibility study for the Main Stem project in Minneapolis. She said that at that time the City of Minneapolis was proposing to do the feasibility study and the Commission had a motion on the floor to proceed with parts of that feasibility study and that motion is still on the table. Administrator Jester announced that in the time since last month's meeting,the City of Minneapolis has requested that the Commission do the feasibility study rather than entering into an agreement for the City to perform the study. She noted that this is the process that the Commission is following for the Plymouth Creek feasibility study. Administrator Jester said that the proposal has been revised since the last meeting and also has been revised since the version included in the meeting packet,which is why a new proposal was emailed to the Commission last night and distributed at the meeting. Engineer Chandler introduced Dan Fetter from Barr Engineering Company and said that he is very familiar with Phase 2 work and can provide more information on that proposed work. Engineer Chandler highlighted the changes in the most recent proposal, including that the changes resulted in changes to the proposed cost and proposed schedule. She said that the first change addresses the concern that the Commission needs to obtain not only access to private property in order to gather soil samples but also needs to obtain indemnification from the property owners. Engineer Chandler said that the second change is that the proposal now includes the step of sending the Minnesota Pollution Control Agency(MPCA)the Phase 2 work plan and asking for MPCA approval of the work plan, after the work plan comes to the Commission, likely at the Commission's December meeting. She said that the third change adds a consideration of naturalizing creek sections that have invasive species and including this work in the feasibility study's prioritization list. Engineer Chandler said that the additional scope increased the estimated cost by$8,500, so the estimated total cost of the study is$95,300 for all three reaches. There was a short discussion on whether or not contamination would be found. Commissioner Hoschka said that it would be valuable to know what lessons were learned from the City's previous work in this project area. Commissioner Black was glad to see additional soil investigation work proposed.Mr. Fetter talked about the MPCA's newest guidelines regarding what can be labeled clean soils,and he explained that the purpose of the Phase 2 investigation is to examine soils that would be removed from the site. 3 BCWMC October 15, 2015, Meeting Minutes Commissioner Welch stated that residents and stakeholders are already asking about the project, including the hope for significant changes to the valley and stream remeandering. He noted that while those are good plans that they would most likely come with significant redevelopment in the area and are out of the scope of this project. He recommended that the Commission do restoration without getting into areas in which the project would require a lot of soil export, which is really expensive. Commissioner Welch said that an important project component will be managing expectations of the residents due to the limited scope of the project. Commissioner Black said that she assumes an option explored in the feasibility study would be the option of not removing contaminated soils and she would be interested in seeing that option. She said she would be interested in exploring options for dealing with contaminated soils onsite,such as using composting to remediate metals. Ms. Eberhart said that in project sites like this where the soils are composed of a lot of fill, instead of touching all of the soil with soil borings,one can also work with the MPCA on what is called a response action plan. She said that with the response action plan, if something during the construction phase is discovered that could be contamination,the action is already laid out in the response action plan. She said it is good to do borings in key strategic locations. Chair de Lambert asked if he is correct in assuming that it is likely that the project will take part in the Voluntary Investigation Cleanup program(VIC). Ms. Eberhart said that the private property owner would need to be the VIC applicant. Mr. Fetter said that the VIC program could be a project component. He said that if the Commission proposes to get access to another person's property and do investigations and clean up actions,the Commission could seek technical review through the VIC program, which would give the Commission the comfort that the VIC program is in agreement with the Commission's proposed approach. Mr. Fetter said that doing the Phase 1 and Phase 2 review in the feasibility study phase positions the Commission to move to the response action plan that Ms. Eberhart mentioned and to be able to apply for grants to assist in the cost of clean-up. Mr. Fetter noted that collecting the samples also would reveal if there are areas the project should avoid. Commissioner Welch moved to remove the motion from last month from the table. Alternate Commissioner Scanlan seconded the motion. Upon a vote,the motion carried 9-0. Chair de Lambert called for a vote on the motion made by Alternate Commissioner Scanlan at last month's meeting [the motion was to approve going forward with the feasibility study for Reach 1, Cedar Lake Road to Irving Avenue, as identified in the proposal and to include proposed Reach 2, Irving Avenue to the entrance to the Old Bassett Creek Tunnel.] Upon a vote,the motion failed 0-9. Commissioner Black moved to approve staff recommendations 1, 2, and 3 in the October 14, 2015, Engineer Memo. Commissioner Welch seconded the motion. Upon a vote,the motion carried 9-0. C. Receive Update on XP-SWMM Phase II Project Engineer Chandler said that the update in the meeting packet is an update on the 2015 scope of the development of the model for Plymouth Creek and Medicine Lake watersheds. Engineer Chandler thanked the member cities for all of the assistance they have provided on this model update. Engineer Chandler said that for the 2015 portion of the project,just under$42,000 has been spent out of the$103,000 budgeted. Engineer Chandler reported that the DNR has offered the Commission a grant for$93,000 from the Flood Damage Reduction Grant fund for work on this project in 2016. She added that there is a plan to revisit the grant program in 2016 to see if additional funds are available. Commissioner Black moved to adopt the resolution presented at the meeting authorizing the Commission 4 BCWMC October 15, 2015, Meeting Minutes Administrator to apply for funding and execute agreements,needed to accept the$93,000 from the Department of Natural Resources. Commissioner Millner seconded the motion. Upon a vote,the motion carried 9-0. D. Receive Update on Feasibility Study for 2017 Plymouth Creek Restoration Project (2017CR-P) Administrator Jester reported that staff is well underway with the feasibility study for the Plymouth Creek Restoration project.Administrator Jester listed what has been completed to date(and noted this information is included in the Administrator's memo in the meeting materials), and she reported that the cultural and resources review has been initiated and staff has begun to develop concepts that will be presented to stakeholders. Administrator Jester stated that she has been working on getting public input and in the meeting packet is a letter that went out earlier this week to landowners in the vicinity of the project. She announced that the Commission is holding a public open house and input meeting on October 26 between 7:00-8:30 p.m. at Plymouth City Hall. She talked about the resources that will be available at the public open house,and she noted where the open house notices have been posted and published. Administrator Jester announced that there will be a technical stakeholder meeting on this project at 1:00 p.m. on October 26 at Plymouth Creek Park. Engineer Chandler reported on the project timeline. Commissioner Welch remarked that the project web pages for both this project and the Main Stem Restoration project should go up on the Commission's website as soon as possible. E. Receive Update on Website Redesign Project Administrator Jester reported that HDR continues its work on the redesign and plans to meet the project deadline of the end of November. She announced that there are a lot of documents posted on the Commission's current website that need to be moved to the new site. She explained that HDR is saying that moving all of the content over to the new site would be out of the budget for the project and that it would be an additional 50 hours of work on top of the original estimate. Administrator Jester said that she will communicate with HDR about this information because the Commission's RFP included that a component of the project is that all of the current content would be moved to the new site and this task was included in HDR's approved project proposal. She said that if in the case that HDR doesn't move all of the content over under the current contract for services, she would like Commission direction on how she can get the work done. Administrator Jester offered ideas such as paying a high school student. The Commission offered ideas such as using an intern and using temporary staff. Commissioner Welch moved to authorize the Administrator to spend up to$2,000 from the website budget for technical administration of the website transfer. Commissioner Millner seconded the motion. Commissioner Mueller recommended that the Administrator prepare a memo to the Commission that documents the objective selection of the technical resource. Commissioner Black suggested that Administrator Jester include this information in the Administrator's memo instead of in a separate memo. Upon a vote,the motion carried 9-0. F. Consider Administrator Request to Attend Minnesota Association of Watershed District's Annual Conference Administrator Jester described her attendance at last year's Minnesota Association of Watershed District (MAWD)conference and requested approval from the Commission to attend this year's conference on the Commission's behalf. She said that there is a pre-conference workshop she would like to attend as well and she is requesting funds not to exceed$545 to attend the conference. Administrator Jester said that this amount fits into her 2015 administrator budget. Commissioner Welch moved to approve the request. Commissioner 5 BCWMC October 15, 2015, Meeting Minutes Mueller seconded the motion. Upon a vote,the motion carried 9-0. 6. COMMUNICATIONS A. Administrator: i. Administrator Jester reminded the Commission that its November meeting will be held on the Wednesday the day before the third Thursday of the month(November 18th) ii. Administrator Jester gave an overview of NEMO's winter maintenance workshop held last week in Minnetonka. iii. Administrator Jester reported that she has started communications with the Metropolitan Council regarding the Commission's request that the SWLRT reimburse the Commission's expenses on the project. iv. Administrator Jester announced that this meeting room at Golden Valley City Hall will not be available from December—April, and she asked for suggestions for other meeting space. Administrator Jester took down the suggestions and said that she will follow up. B. Chair: i. Chair de Lambert reported that he attended last week's Water Resources Conference, and he provided an update. C. Commissioners: i. Commissioner Mueller provided an update on last week's Water Resources Conference. ii. Commissioner Hoschka provided an update on the Water Resources Conference and particularly the session on chloride and the concern about chloride entering ground water. iii. Commissioner Sicora provided an update on the Water Resources Conference and noted that both he and Alternate Commissioner Goddard are on the conference's planning committee. iv. Commissioner Welch reported on the Golden Valley Arts and Music Festival. v. Alternate Commissioner Scanlan reported on the Water Resources Conference and in particular the session on the Wirth Lake delisting. D. TAC Members: No TAC Communications E. Committees: No Committee Communications F. Legal Counsel: No Legal Communications G. Engineer: i. Engineer Chandler announced that the annual flood control project inspection happens this week and the member cities have been notified. 7. INFORMATION ONLY (Available at http://www.bassettcreekwmo.org/Meetings/2015/2015- October/2015OctoberMeetingPacket.htm) A. CIP Project Update Chart B. Grant Tracking Summary and Spreadsheet 6 BCWMC October 15, 2015, Meeting Minutes C. WMWA Water Links Newsletter D. BCWMC Volunteer Appreciation Press Release 8.ADJOURNMENT Chair de Lambert adjourned the meeting at 10:05 a.m. Date Date 7 tv olden MEMORANDUM valley Physical Development Department 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. E. 1. Award Contract for Kewanee Way Sanitary Sewer Lining Project, City Improvement Project No. 15-32 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, EIT, Engineer Summary In August 2015, staff identified the stretch of sanitary sewer located between the south end of Kewanee Way and the cul-de-sac of Bonnie Lane as a large contributor to inflow and infiltration (I&I). This portion of sewer runs beneath the Burlington Northern Santa Fe (BNSF) Railroad tracks and through a wetland within the Mary Hills Nature Area. The existing manhole located in the wetland is often submerged during the spring and summer months resulting in stormwater entering the sanitary sewer system at high rates. Staff determined the best solution to eliminate I&I would be to line through the manhole (located in the wetland) from the manhole at Kewanee Way to the manhole at Bonnie Lane, approximately 381 LF of 10-inch cast iron sanitary sewer pipe. Quotes were solicited for lining this section of sewer main. Three quotes were received and are shown below: Insituform Technologies USA, LLC $21,423.44 Visu-Sewer, Inc. $24,161.50 HydroKlean, LLC $31,600.00 Staff is proposing funding for this emergency project from the 2016-2017 Bi-Annual Budget 7122- 6340 Operating Supplies Sewer Maintenance Fund. Recommended Actions Motion to award a contract with Insituform Technologies USA, LLC for the Kewanee Way Sanitary Sewer Lining Project No. 15-32 in the amount of$21,423.44. city of a z golden11 N UValleyCity Administration Council il 763-593-3989/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. F. Approval of 2016 General Wages and Salaries for Non-union Personnel Prepared By Chantell Knauss, Assistant City Manager Summary Attached is the compensation resolution establishing wages and salaries for all non-union employees for 2016. The resolution proposes a 2.5%general wage as outlined with the 2016 budget process. The resolution also establishes the City's monthly contribution toward employee benefits in the City's cafeteria plan. There is a $90 per month increase in the benefit contribution by the City for 2016, due to the 11.5% increase in premium costs. As in previous years, there is an additional $20 per month incentive for those employees who successfully participated in the 2015 City Wellness at Work program. Attachments • Resolution Establishing 2016 General Wages and Salaries for Non-union Personnel (3 pages) Recommended Action Motion to adopt Resolution Establishing 2016 General Wages and Salaries for Non-union Personnel. Resolution 15-96 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2016 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following general wages, salaries and benefits schedule for all non-union personnel for the year 2016, said schedule to commence for work performed by the personnel named herein effective as of January 1, 2016. MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5 Physical Development Director $115,932 $121,452 $126,973 $132,493 $138,014 Police Chief 114,381 119,828 125,275 130,721 136,168 Fire Chief 110,918 116,200 121,481 126,763 132,045 Finance Director 108,393 113,554 118,716 123,877 129,039 Director of Parks and Recreation 106,661 111,740 116,819 121,898 126,977 Assistant City Manager 104,948 109,945 114,943 119,940 124,938 Communications Manager 75,062 78,637 82,211 85,786 89,360 DIVISION HEADS/SUPERVISORS Step 1 Step 2 Step 3 Step 4 Step 5 City Engineer 104,948 109,945 114,943 119,940 124,938 Police Commander 92,521 96,927 101,332 105,738 110,144 Public Works Maintenance Manager 89,429 93,687 97,946 102,204 106,463 Information Technology Coordinator 88,581 92,799 97,017 101,235 105,453 Building Official 86,888 91,025 95,163 99,300 103,438 Planning Manager 86,888 91,025 95,163 99,300 103,438 Park Supervisor 80,043 83,854 87,666 91,477 95,289 Street Supervisor 80,043 83,854 87,666 91,477 95,289 Utility Supervisor 80,043 83,854 87,666 91,477 95,289 Golf Operations Manager 75,267 78,852 82,436 86,020 89,604 Greens Superintendent 75,267 78,852 82,436 86,020 89,604 Vehicle Maintenance Foreman 69,493 72,802 76,112 79,421 82,730 Deputy Registrar Supervisor 64,200 67,258 70,315 73,372 76,429 PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Police Lieutenant 99,026 102,089 Deputy Fire Chief 84,265 88,277 92,290 96,302 100,315 Accounting Coordinator 73,132 76,615 80,097 83,580 87,062 City Clerk 72,767 76,232 79,697 83,162 86,627 Public Works Specialist 66,880 70,065 73,249 76,434 79,619 Recreation Supervisor 64,801 67,887 70,972 74,058 77,144 Support Services Coordinator 64,200 67,258 70,315 73,372 76,429 Accountant 1 65,780 68,913 72,045 75,178 78,310 Engineer 62,831 65,823 68,815 71,807 74,799 Information Technology Technician 59,800 62,647 65,495 68,342 71,190 Associate Planner/Grant Writer 58,759 61,557 64,355 67,153 69,951 Assistant Golf Operations Manager 55,644 58,294 60,944 63,593 66,243 Assistant Forester 53,657 56,212 58,767 61,322 63,877 Resolution 15-96 -2- December 15, 2015 EXEMPT CREATIVE PROFESSIONAL Step 1 Step 2 Step 3 Step 4 Step 5 Graphic Designer/Web Specialist 44,730 46,860 48,990 51,120 53,250 EXEMPT ESTABLISHMENT EMPLOYEES Step 1 Step 2 Step 3 Step 4 Step 5 Mechanic - Golf Course 47,894 50,175 52,456 54,736 57,017 Turf Maintenance Foreman 46,703 48,927 51,151 53,375 55,599 Turf Maintenance Assistant 36,905 38,663 40,420 42,178 43,935 NON-EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Engineering Technician III 32.15 33.68 35.21 36.74 38.27 Chief Building Inspector 32.07 33.60 35.13 36.65 38.18 Building Inspector 30.48 31.94 33.39 34.84 36.29 Public Works Inspector 30.48 31.94 33.39 34.84 36.29 Fire Education Specialist 28.16 29.50 30.84 32.18 33.52 Fire/Property Maintenance Specialist 28.16 29.50 30.84 32.18 33.52 Crew Leader - Maintenance 31.79 GIS Technician 25.80 27.02 28.25 29.48 30.71 Water Resources Technician 25.80 27.02 28.25 29.48 30.71 Public Works Maintenance 22.78 24.17 25.55 27.45 Step C 28.84 Step B 29.41 Step A 30.00 Administrative Assistant 22.45 23.52 24.59 25.66 26.73 Communications Specialist 22.45 23.52 24.59 25.66 26.73 Accounting Technician 22.45 23.52 24.59 25.66 26.73 Assessment/Accounts Payable Technician 22.45 23.52 24.59 25.66 26.73 Utility Billing/Accounts Payable Technician 22.45 23.52 24.59 25.66 26.73 Motor Vehicle License Clerk 19.00 19.91 20.81 21.72 22.62 Lead Community Service Officer 18.98 19.89 Community Service Officer 18.61 18.98 Office Clerk 17.72 18.57 19.41 20.26 21.10 Receptionist 17.72 18.57 19.41 20.26 21.10 FIRE DEPARTMENT Battalion Chief 20.42 per hour Captain 19.66 per hour Lieutenant 18.22 per hour Firefighter 15.83 per hour Firefighter - Apprentice 13.34 per hour Firefighter in Training 10.01 per hour TEMPORARY PART-TIME AND SEASONAL Minimum Wages 9.00 per hour 9.50 per hour - effective August 1 Maximum Wages 17.46 per hour Resolution 15-96 -3- December 15, 2015 AND, BE IT FURTHER RESOLVED that: 1. The dollar amount of the City's contribution to benefits for employees classified under the categories of Non-exempt, Exempt Establishment, Exempt Creative Professional and Professional Exempt will be $1,292 per month effective January 1, 2016. The City will also pay the cost of group term life IRS maximum non-taxable level and group disability insurance for those employees. 2. The dollar amount of the City's contribution to benefits for employees classified under Management Team and/or Division Head/Supervisor categories who have been appointed in such designated positions prior to May 1, 2011 will be $1,313 per month plus 2% of monthly salary effective January 1, 2016. The City will also pay the cost of group term life IRS maximum non-taxable level and group long-term disability insurance for those employees. 3. Employees who successfully participated in the City wellness program in 2016 will receive an additional $20 per month in the City's contribution towards benefits. 4. Employee service awards are outlined in the Public Purpose Expenditure Policy and shall be considered compensation in accordance with IRS regulations. 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 December 15, 2015 Agenda Item 3. G. Second Consideration - Ordinance#585-Amending Section 4.32 Tree Preservation Prepared By Al Lundstrom, Parks Maintenance Supervisor Emily Goellner, Associate Planner/Grant Writer Summary The recommended changes to the Tree Preservation section of City Code address concerns raised as part of the Subdivision Study in 2014 and 2015. Proposed revisions were presented at Council/Manager meetings on September 8 and October 13. Revisions were also shared with the Environmental Commission and the Planning Commission on October 26. Upon first consideration on December 1, 2015, the Council approved the ordinance amending Section 4.32 of City Code. Perennial and Shrub Definition Based on comments received by the public on the evening of the December 1 City Council meeting, staff is recommending that the definition of perennial and shrub be clarified. Instead of describing the minimum size of each plant in terms of gallons, staff would prefer that they are described by the numbered container in which they are sold. Manufacturers distinguish container sizes by the pound sign, #, followed by a number 1 through 100. Manufacturers used to call these containers various sized "gallon" pots (which is what was used in the definition recommended during first consideration of this ordinance). However, these names weren't accurate descriptions of the pot's capacity, so the names have been changed in the landscaping industry. Perennial: A herbaceous or non-woody plant that lives two u or more years, produces flowers and seeds in successive years, is planted from a #2 container or larger no smaller than two (2) gallons, and is not determined invasive or aggressive by the City Manager or his/her designee. Shrub: A small perennial bush, has several woody stems that grow from the base, is not tree- like in appearance, is planted from a #5 container no sma""r than five «' gallons or larger, and is not determined invasive or aggressive by the City Manager or his/her designee. Attachments • Underlined/Overstruck Version of Section 4.32: Tree and Landscape Requirements (2 pages) • Clean Version of Section 4.32: Tree and Landscape Requirements (12 pages) • Ordinance #585, Amending Chapter 4: Tree Preservation (11 pages) • Summary Ordinance #585 (1 page) Recommended Action Motion to adopt second consideration, Ordinance#585 Amending Section 4.32 Tree Preservation. Motion to approve Summary of Ordinance#585 for Publication. § 4.32 a result of the site preparation, grading, building construction or any other construction activity. C. Critical Root Zone: An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a twenty (20) inch diameter tree has a critical root zone with a radius of twenty (20) feet. D. Developer: Any person or entity other than a builder who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. E. Development: Any project or integrated or related series of projects, as determined by the City Manager or his/her designee, that involve any of the work described in this Section. F. Development Area: Any lot(s) and/or land area that is the subject of development, as determined by the City Manager or his/her designee. G. Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half (4.5) feet from the uphill side of the existing ground level). H. Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. I. Initial Site Development: The first phase of a Two-Phase Development. This phase generally includes initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, and any other like activities within the Development Area. J. Lot: This term shall have the same meaning given such term in Chapter 11 of the City Code. K. Perennial: A herbaceous or non-woody plant that lives two (2) or more years, produces flowers and seeds in successive years, is planted from a #2 container or larger no smaller than two (2) gallons, and is not determined invasive or aggressive by the City Manager or his/her designee. L. Permittee: Any person or entity that receives a Tree and Landscape Permit under this Section. A permittee shall also mean such person or entity's agents, employees and others acting under that person or entity's direction. M. Second-Phase Development: The second phase of a Two-Phase Development. This phase generally includes: final site grading, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, installation of landscaping, and any other like activities Golden Valley City Code Page 2 of 12 § 4.32 within the Development Area that are not part of the Initial Site Development. N. Shrub: A small perennial bush, has several woody stems that grow from the base, is not tree-like in appearance, is planted from a #5 container ne Gmalicr than fivc (5) gallons or larger, and is not determined invasive or aggressive by the City Manager or his/her designee. 0. Single-Phase Development: The process where improvement of a Development Area occurs in one continuing process and typically occurs on one (1) lot. Activities that occur during single-phase development include: initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, and any other activities within the Development Area. P. Tree and Landscape Permit: The permit granted by the City under this Section. Q. Tree and Landscape Plan: The plan required under this Section. R. Tree Replacement Schedule: The requirements for the replacement of any trees as set forth in this Section. S. Tree: Any of the following type of trees, as each is defined herein: 1. Hardwood Deciduous Tree: Includes, but is not limited to ironwood, catalpa, oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, locust and basswood. 2. Significant Tree: A healthy tree not considered a nuisance under City regulations measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, as defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees, as defined herein, or a minimum of four (4) inches in diameter for coniferous trees. All other trees that do not meet this definition are not considered significant. 3. Softwood Deciduous Tree: Includes, but is not limited to cottonwood, poplars/aspen, box elder, ash, willow, silver maple and elm. 4. Legacy Tree: A healthy hardwood deciduous tree measuring thirty (30) inches or greater in diameter and/or a coniferous tree measuring twenty- four (24) inches or greater in diameter. T. Two-Phase Development: The process where improvement of a Development Area occurs in at least two (2) distinct phases and typically occurs on more than one (1) lot. Generally the first phase includes initial site Golden Valley City Code Page 3 of 12 § 4.32 Section 4.32: Tree and Landscape Requirements Subdivision 1. Findings and Purpose Statement The City Council finds it is in the best interest of the City to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development, redevelopment and alteration of trees or wooded areas. In the interest of achieving these objectives, the City has established the comprehensive tree and landscape requirements herein to promote the furtherance of the following: A. Protection and preservation of the environment and natural beauty of the city; B. Assurance of orderly development and redevelopment within trees or wooded areas to minimize tree and habitat loss; C. Prevention or reduction of soil erosion and sedimentation and storm water runoff; D. Evaluation of the impacts to trees and wooded areas resulting from development; E. Establishment of minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; F. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; G. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community; and H. Establishment of minimum standards for landscaping. Subdivision 2. Definitions For the purposes of this Section, the following terms shall be defined as stated: A. Applicant: Any person or entity that applies for a Tree and Landscape Permit under this Section. Applicant shall also mean such person or entity's agents, employees and others acting under that person or entity's direction. B. Construction Area: Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the existing character of the land occurs as Golden Valley City Code Page 1 of 12 § 4.32 a result of the site preparation, grading, building construction or any other construction activity. C. Critical Root Zone: An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a twenty (20) inch diameter tree has a critical root zone with a radius of twenty (20) feet. D. Developer: Any person or entity other than a builder who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. E. Development: Any project or integrated or related series of projects, as determined by the City Manager or his/her designee, that involve any of the work described in this Section. F. Development Area: Any lot(s) and/or land area that is the subject of development, as determined by the City Manager or his/her designee. G. Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half (4.5) feet from the uphill side of the existing ground level). H. Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. I. Initial Site Development: The first phase of a Two-Phase Development. This phase generally includes initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, and any other like activities within the Development Area. 3. Lot: This term shall have the same meaning given such term in Chapter 11 of the City Code. K. Perennial: A herbaceous or non-woody plant that lives two (2) or more years, produces flowers and seeds in successive years, is planted from a #2 container or larger, and is not determined invasive or aggressive by the City Manager or his/her designee. L. Permittee: Any person or entity that receives a Tree and Landscape Permit under this Section. A permittee shall also mean such person or entity's agents, employees and others acting under that person or entity's direction. M. Second-Phase Development: The second phase of a Two-Phase Development. This phase generally includes: final site grading, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, installation of landscaping, and any other like activities Golden Valley City Code Page 2 of 12 § 4.32 within the Development Area that are not part of the Initial Site Development. N. Shrub: A small perennial bush, has several woody stems that grow from the base, is not tree-like in appearance, is planted from a #5 container or larger, and is not determined invasive or aggressive by the City Manager or his/her designee. 0. Single-Phase Development: The process where improvement of a Development Area occurs in one continuing process and typically occurs on one (1) lot. Activities that occur during single-phase development include: initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, and any other activities within the Development Area. P. Tree and Landscape Permit: The permit granted by the City under this Section. Q. Tree and Landscape Plan: The plan required under this Section. R. Tree Replacement Schedule: The requirements for the replacement of any trees as set forth in this Section. S. Tree: Any of the following type of trees, as each is defined herein: 1. Hardwood Deciduous Tree: Includes, but is not limited to ironwood, catalpa, oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, locust and basswood. 2. Significant Tree: A healthy tree not considered a nuisance under City regulations measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, as defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees, as defined herein, or a minimum of four (4) inches in diameter for coniferous trees. All other trees that do not meet this definition are not considered significant. 3. Softwood Deciduous Tree: Includes, but is not limited to cottonwood, poplars/aspen, box elder, ash, willow, silver maple and elm. 4. Legacy Tree: A healthy hardwood deciduous tree measuring thirty (30) inches or greater in diameter and/or a coniferous tree measuring twenty- four (24) inches or greater in diameter. T. Two-Phase Development: The process where improvement of a Development Area occurs in at least two (2) distinct phases and typically occurs on more than one (1) lot. Generally the first phase includes initial site Golden Valley City Code Page 3 of 12 § 4.32 grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, and any other activity within the Construction Area prior to construction of buildings. The second and subsequent phase generally includes: final site grading, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, installation of landscaping, and any other activities within the Development Area. Subdivision 3. Tree and Landscape Permit A. Tree and Landscape Permit Eligibility. A Tree and Landscape Plan shall be submitted to and approved by the City and implemented in connection with any of the following described work: 1. In Single-Family (R-1) and Moderate (R-2) Density Residential Zoning Districts. a. New construction or reconstruction of a principle structure; or b. Construction that results in a one-hundred percent (100%) or more increase in building footprint of a principle structure. 2. All other Zoning Districts. a. New construction or reconstruction of a principle structure; or b. Ten percent (10%) ore more increase in impervious surface either on a single lot or collectively within a Development Area. B. Application Submission Requirements. 1. The Tree and Landscape Plan required hereunder shall be submitted and approved by the City prior to the City's issuance of a Stormwater Management Permit. C. Plan requirements. The Tree and Landscape Plan shall consist of a narrative and map or series of maps and shall include the following information: 1. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders; 2. A Certificate of Survey, prepared in accordance with City specifications; 3. Delineation of all areas to be graded and limits of land disturbance; 4. Size, species, and location of all existing Significant trees and Legacy trees located within the Development's limits. These Significant trees and Legacy trees should be identified in both graphic and tabular form; Golden Valley City Code Page 4 of 12 § 4.32 5. Identification of all Significant trees and Legacy trees proposed to be removed within the construction area. These Significant trees and Legacy trees should be identified in both graphic and tabular form; 6. Measures to protect Significant trees and Legacy trees; 7. Whether any tree mitigation measures are required in accordance with this Section and, if so, a description of those measures; 8. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; 9. Description of compliance with the minimum landscape requirements set forth in this Section; and 10. Signature of the person(s) preparing the plan. D. Approval of Plan. No person shall undertake any such work unless a Tree and Landscape Permit has first been granted for which such work and thereafter is in compliance with such Permit and this Section. Upon the City's acceptance of a Tree and Landscape Plan from an Applicant, which plan satisfies the requirements set forth in this Section, then the City shall grant the Applicant a Tree and Landscape Permit subject to the conditions and requirements of this Section. Subdivision 4. Tree Protection A. Required protective measures. The Tree and Landscape Plan shall identify and require the following measures to be utilized during construction to protect Significant trees and Legacy trees: 1. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the Critical Root Zone, whichever is greater, of Significant trees and Legacy trees to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 2. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant at the moment of trimming. 3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. B. Additional protective measures. The following tree protection measures are suggested to protect Significant trees and Legacy trees that are intended to Golden Valley City Code Page 5 of 12 § 4.32 be preserved according to the submitted Tree and Landscape Plan and may be required by the City: 1. Installation of retaining walls or tree wells to preserve trees. 2. Placement of utilities in common trenches outside of the drip line of Significant trees, or use of tunneled installation. 3. Use of tree root aeration, fertilization, and/or irrigation systems. 4. Transplanting of Significant trees into a protected area for later moving into permanent sites within the construction area. 5. Therapeutic pruning of diseased tree branches or damaged and exposed root systems. 6. Installation of root severing protection barriers along Critical Root Zones. 7. Designation of areas for soil and equipment storage to prevent soil compaction in Critical Root Zones. Subdivision 5. Tree Removal A. Tree Removal Allowance. Legacy tree and Significant tree removal shall only be removed in accordance with a City-approved Tree and Landscape Plan. Mitigation, as set forth in this Section, shall be required if the total number of existing trees removed as a result of the Development meet or exceed the following percentages: 1. Single-Phase Development a. Single-Family (R-1) and Moderate Density (R-2) Residential Zoning Districts: fifteen percent (15%) of the total number of existing trees in the Development Area within such Districts. b. All other Zoning Districts: thirty percent (30%) of the total number of existing trees in the Development Area within such Districts. 2. Two-Phase Development a. Initial Site Development: twenty percent (20%) of the total number of existing Legacy trees and Significant trees in the Development Area within such Districts. The party responsible for Initial Site Development shall be solely responsible for any mitigation required and performance guarantees required. b. Second-Phase Development Golden Valley City Code Page 6 of 12 § 4.32 1) Single-Family (R-1) and Moderate Density Residential (R-2) Zoning Districts: fifteen percent (15%) of the total number of existing trees in the Development Area within such Districts. 2) All other Zoning Districts: thirty percent (30%) of the total number of existing trees in the Development Area within such Districts. B. Removal of diseased trees required. Prior to any grading, all diseased and hazardous trees on the Development Area shall be identified by the City in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased or hazardous trees as identified in other sections of this code shall be removed from the property at the expense of the property owner, at the time of grading, if so directed. C. Removal or destruction of protected trees. Any Significant or Legacy tree that was removed or otherwise destroyed within two (2) years before any application for a Tree and Landscape Permit shall be inventoried and shall be considered in the Tree and Landscape Plan at the time of permitting. Subdivision 6. Mitigation A. In any development in which the tree removal allowance set forth in this Section is exceeded, the applicant shall mitigate the tree loss by either: 1. Reforestation (tree replacement) in accordance with the Tree Replacement Schedule and the Tree and Landscape Plan; or 2. Payment to the City of the sum calculated from the total amount of required replacement trees in accordance with the Tree Replacement Schedule and the City fee schedule, and such payment shall be deposited with the City in an account designated specifically for tree mitigation. B. The mitigation of required tree replacement shall be prioritized in the following order: 1. Locate replacement trees on the lot in which trees were previously removed; 2. Locate replacement trees within the Development Area; 3. Locate replacement trees outside the Development Area within the City, with such locations determined by the City Manager or his/her designee; and then lastly, 4. Cash in-lieu of planting may be approved by the City Manager or his/her designee if other mitigation options are not possible. Golden Valley City Code Page 7 of 12 § 4.32 C. The form of mitigation to be provided by the applicant shall be determined by the City Manager or his/her designee. D. The planting of trees for mitigation shall satisfy all or a portion of the minimum landscape requirements under this Section. E. Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding to the smallest diameter Significant tree. Subdivision 7. Tree Replacement Schedule A. Size of Replacement Trees: Category A trees shall be no less than the following sizes: Deciduous trees, not less than four (4) inches in diameter. Coniferous trees, not less than twelve (12) feet in height. Category B trees shall be no less than the following sizes: Deciduous trees, not less than two and a half (21) inches in diameter. Coniferous trees, not less than six (6) feet in height. Category C trees shall be no less than the following sizes: Deciduous trees, not less than one and one half (11/2) inches in diameter. Coniferous trees, not less than four (4) feet in height. B. Significant and Legacy tree replacement. Number of Replacement Trees Category A or Category B or Category C Significant Tree(s) Removed Coniferous, 4 to 18 inches diameter 1 2 4 Coniferous, 19 to 24 inches diameter 2 4 8 Hardwood Deciduous, 6 to 20 inches diameter 1 2 4 Hardwood Deciduous, 21 to 30 inches diameter 2 4 8 Softwood Deciduous, 12 to 24 inches diameter 1 2 4 Softwood Deciduous, greater than 24 inches diameter 2 4 8 Legacy Tree(s) Removed 3 6 12 C. Species requirement. Where ten (10) or more replacement trees are required, not more than twenty percent (20%) of the replacement trees shall Golden Valley City Code Page 8 of 12 § 4.32 be of the same species of tree without the approval of the City Manager or his/her designee. Source: Ordinance No. 199, 2nd Series Effective Date: 5-13-99 Subdivision 8. Minimum Landscape Requirements Any eligible Development under this Section shall comply with the following minimum landscape requirements. A. Minimum Requirements 1. Single-Family (R-1) and Moderate (R-2) Density Residential Zoning Districts: a. Three (3) trees in each lot, one (1) of which tree must be located in the front yard; and b. Any combination of five (5) shrubs and perennials in each lot. 2. Industrial and Light Industrial Zoning Districts: a. One (1) tree per fifty (50) linear feet of lot perimeter abutting or adjacent to streets, alleyways, residential properties, and regional trails; and b. One (1) shrub or perennial per five (5) linear feet of lot perimeter abutting or adjacent to streets, alleyways, residential properties, and regional trails. 3. All other Zoning Districts: a. One (1) tree per fifty (50) linear feet of lot perimeter; and b. One (1) shrub or perennial per five (5) linear feet of lot perimeter. B. Calculation 1. Existing and approved trees, shrubs, and perennials to be preserved or maintained shall apply toward the minimum requirements. 2. Calculations to determine the minimum requirements are rounded up to the nearest whole number. 3. The City Manager or his/her designee reserves the right to modify landscaping requirements based on the form and nature of the building and property and the surrounding properties. Golden Valley City Code Page 9 of 12 § 4.32 4. The City maintains authority to exclude invasive, non-native, and aggressive species from the list of eligible species which meet the minimum landscape requirements. 5. The City recognizes the ecological value of native plants, grasses, and wildflowers and encourages the establishment of these environments where appropriate. Some reduction in the required number of trees, shrubs, and perennials may be considered to accommodate a larger massing of these environments. However, manicured borders or transitional areas shall be included adjacent to streets, alleyways, parking lots, and other properties where such environments are established or being established. Subdivision 9. Compliance A. Compliance with plan. 1. The permittee shall implement the Tree and Landscape Plan prior to and during any construction. The tree protection measures shall remain in place until all grading, construction, and development activity is terminated, or until a request is made to and approved by the City Manager or his/her designee. 2. No Significant trees or Legacy trees shall be removed until a Tree and Landscape Plan is approved and such removals shall be in accordance with the approved Tree and Landscape Plan. If a Significant tree(s) or Legacy tree(s) that was intended to be preserved is removed without specific permission of the City Manager or his/her designee or damaged so that it is in a state of decline within one (1) year from date of project approval and completion, a cash mitigation, calculated based on the number of removed Significant trees and Legacy trees, in the amount set forth in the City fee schedule, shall be remitted to the City. 3. The City shall have the right to inspect the Development Area in order to determine compliance with the approved Tree and Landscape Plan. The City shall determine whether the Tree and Landscape Plan has been complied with. 4. If, after the issuance of the Tree and Landscape Permit, the City receives new information or evidence regarding the Development Area, including without limitation evidence of non-compliance with the City Code, the City Manager or his/her designee may issue an order to modify the approved Tree and Landscape Permit and stipulate a time frame for compliance. The Permittee shall comply with said order. 5. The City Manager or his/her designee shall suspend the Tree and Landscape Permit and issue a stop work order if the City Manager or his/her designee determines that the Permit was issued in error, the Golden Valley City Code Page 10 of 12 § 4.32 Permittee supplied incorrect information, or the Permittee is in violation of any provision of the approved plans, the Permit, or this Section. The City Manager or his/her designee shall reinstate a suspended Permit upon the Permittee's correction of the cause of the suspension. 6. If a Permittee has not implemented the Tree and Landscape Plan as required or is otherwise not in compliance with the Tree and Landscape Permit or this Section, the City may issue a stop work order for any other City permits related to the Development if requested by the City Manager or his/her designee. B. Financial Security 1. Amount and Type. The Applicant shall provide the City financial security for the performance of work described and delineated in the approved Tree and Landscape Permit in an amount not less than one hundred and twenty five percent (125%) of the approved estimated cost of performing the described work. The type of the security shall be one (1) or a combination of the following to be determined by the City Manager or his/her designee: a. Bond or bonds issued by one (1) or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the City Manager or his/her designee or a responsible escrow agent or trust company at the option of the City Manager or his/her designee, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment; c. Irrevocable Letter of Credit in a form acceptable to the City Attorney; or d. Cash in U.S. currency. 2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one (1) growing season after installation, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for an additional warranty period at the discretion of the City Manager or his/her designee. C. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) growing season after the date of project approval and Golden Valley City Code Page 11 of 12 § 4.32 completion shall be removed by the applicant or permittee and replaced with a new healthy tree meeting the same minimum size requirements within one (1) month of removal or as soon as weather permits, whichever is later. Golden Valley City Code Page 12 of 12 ORDINANCE NO. 585, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.32 Tree Preservation The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 4.32 is hereby deleted in its entirety and replaced with the following: Section 4.32: Tree and Landscape Requirements Subdivision 1. Findings and Purpose Statement The City Council finds it is in the best interest of the City to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development, redevelopment and alteration of trees or wooded areas. In the interest of achieving these objectives, the City has established the comprehensive tree and landscape requirements herein to promote the furtherance of the following: A. Protection and preservation of the environment and natural beauty of the city; B. Assurance of orderly development and redevelopment within trees or wooded areas to minimize tree and habitat loss; C. Prevention or reduction of soil erosion and sedimentation and storm water runoff; D. Evaluation of the impacts to trees and wooded areas resulting from development; E. Establishment of minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; F. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; G. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community; and H. Establishment of minimum standards for landscaping. Subdivision 2. Definitions For the purposes of this Section, the following terms shall be defined as stated: A. Applicant: Any person or entity that applies for a Tree and Landscape Permit under this Section. Applicant shall also mean such person or entity's agents, employees and others acting under that person or entity's direction. B. Construction Area: Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, Ordinance No. 585 -2- December 15, 2015 or any other change in the existing character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. C. Critical Root Zone: An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a twenty (20) inch diameter tree has a critical root zone with a radius of twenty (20) feet. D. Developer: Any person or entity other than a builder who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. E. Development: Any project or integrated or related series of projects, as determined by the City Manager or his/her designee, that involve any of the work described in this Section. F. Development Area: Any lot(s) and/or land area that is the subject of development, as determined by the City Manager or his/her designee. G. Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half(4.5) feet from the uphill side of the existing ground level). H. Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. I. Initial Site Development: The first phase of a Two-Phase Development. This phase generally includes initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, and any other like activities within the Development Area. J. Lot: This term shall have the same meaning given such term in Chapter 11 of the City Code. K. Perennial: A herbaceous or non-woody plant that lives two (2) or more years, produces flowers and seeds in successive years, is planted from a #2 container or larger, and is not determined invasive or aggressive by the City Manager or his/her designee. L. Permittee: Any person or entity that receives a Tree and Landscape Permit under this Section. A permittee shall also mean such person or entity's agents, employees and others acting under that person or entity's direction. M. Second-Phase Development: The second phase of a Two-Phase Development. This phase generally includes: final site grading, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, installation of landscaping, and any other like activities within the Development Area that are not part of the Initial Site Development. Ordinance No. 585 -3- December 15, 2015 N. Shrub: A small perennial bush, has several woody stems that grow from the base, is not tree-like in appearance, is planted from a #5 container or larger, and is not determined invasive or aggressive by the City Manager or his/her designee. 0. Single-Phase Development: The process where improvement of a Development Area occurs in one continuing process and typically occurs on one (1) lot. Activities that occur during single-phase development include: initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, and any other activities within the Development Area. P. Tree and Landscape Permit: The permit granted by the City under this Section. Q. Tree and Landscape Plan: The plan required under this Section. R. Tree Replacement Schedule: The requirements for the replacement of any trees as set forth in this Section. S. Tree: Any of the following type of trees, as each is defined herein: 1. Hardwood Deciduous Tree: Includes, but is not limited to ironwood, catalpa, oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, locust and basswood. 2. Significant Tree: A healthy tree not considered a nuisance under City regulations measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, as defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees, as defined herein, or a minimum of four (4) inches in diameter for coniferous trees. All other trees that do not meet this definition are not considered significant. 3. Softwood Deciduous Tree: Includes, but is not limited to cottonwood, poplars/aspen, box elder, ash, willow, silver maple and elm. 4. Legacy Tree: A healthy hardwood deciduous tree measuring thirty (30) inches or greater in diameter and/or a coniferous tree measuring twenty-four (24) inches or greater in diameter. T. Two-Phase Development: The process where improvement of a Development Area occurs in at least two (2) distinct phases and typically occurs on more than one (1) lot. Generally the first phase includes initial site grading, installation of utilities, construction of streets, construction and grading of drainage ways and building pads, filling of any Development Area, and any other activity within the Construction Area prior to construction of buildings. The second and subsequent phase generally includes: final site grading, utility hookups, construction of buildings, parking lots, driveways, storage areas, recreation areas, installation of landscaping, and any other activities within the Development Area. Ordinance No. 585 -4- December 15, 2015 Subdivision 3. Tree and Landscape Permit A. Tree and Landscape Permit Eligibility. A Tree and Landscape Plan shall be submitted to and approved by the City and implemented in connection with any of the following described work: 1. In Single-Family (R-1) and Moderate (R-2) Density Residential Zoning Districts. a. New construction or reconstruction of a principle structure; or b. Construction that results in a one-hundred percent (100%) or more increase in building footprint of a principle structure. 2. All other Zoning Districts. a. New construction or reconstruction of a principle structure; or b. Ten percent (10%) ore more increase in impervious surface either on a single lot or collectively within a Development Area. B. Application Submission Requirements. 1. The Tree and Landscape Plan required hereunder shall be submitted and approved by the City prior to the City's issuance of a Stormwater Management Permit. C. Plan requirements. The Tree and Landscape Plan shall consist of a narrative and map or series of maps and shall include the following information: 1. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders; 2. A Certificate of Survey, prepared in accordance with City specifications; 3. Delineation of all areas to be graded and limits of land disturbance; 4. Size, species, and location of all existing Significant trees and Legacy trees located within the Development's limits. These Significant trees and Legacy trees should be identified in both graphic and tabular form; 5. Identification of all Significant trees and Legacy trees proposed to be removed within the construction area. These Significant trees and Legacy trees should be identified in both graphic and tabular form; 6. Measures to protect Significant trees and Legacy trees; 7. Whether any tree mitigation measures are required in accordance with this Section and, if so, a description of those measures; Ordinance No. 585 -5- December 15, 2015 8. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; 9. Description of compliance with the minimum landscape requirements set forth in this Section; and 10. Signature of the person(s) preparing the plan. D. Approval of Plan. No person shall undertake any such work unless a Tree and Landscape Permit has first been granted for which such work and thereafter is in compliance with such Permit and this Section. Upon the City's acceptance of a Tree and Landscape Plan from an Applicant, which plan satisfies the requirements set forth in this Section, then the City shall grant the Applicant a Tree and Landscape Permit subject to the conditions and requirements of this Section. Subdivision 4. Tree Protection A. Required protective measures. The Tree and Landscape Plan shall identify and require the following measures to be utilized during construction to protect Significant trees and Legacy trees: 1. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the Critical Root Zone, whichever is greater, of Significant trees and Legacy trees to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 2. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant at the moment of trimming. 3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. B. Additional protective measures. The following tree protection measures are suggested to protect Significant trees and Legacy trees that are intended to be preserved according to the submitted Tree and Landscape Plan and may be required by the City: 1. Installation of retaining walls or tree wells to preserve trees. 2. Placement of utilities in common trenches outside of the drip line of Significant trees, or use of tunneled installation. 3. Use of tree root aeration, fertilization, and/or irrigation systems. 4. Transplanting of Significant trees into a protected area for later moving into permanent sites within the construction area. Ordinance No. 585 -6- December 15, 2015 5. Therapeutic pruning of diseased tree branches or damaged and exposed root systems. 6. Installation of root severing protection barriers along Critical Root Zones. 7. Designation of areas for soil and equipment storage to prevent soil compaction in Critical Root Zones. Subdivision 5. Tree Removal A. Tree Removal Allowance. Legacy tree and Significant tree removal shall only be removed in accordance with a City-approved Tree and Landscape Plan. Mitigation, as set forth in this Section, shall be required if the total number of existing trees removed as a result of the Development meet or exceed the following percentages: 1. Single-Phase Development a. Single-Family (R-1) and Moderate Density (R-2) Residential Zoning Districts: fifteen percent (15%) of the total number of existing trees in the Development Area within such Districts. b. All other Zoning Districts: thirty percent (30%) of the total number of existing trees in the Development Area within such Districts. 2. Two-Phase Development a. Initial Site Development: twenty percent (20%) of the total number of existing Legacy trees and Significant trees in the Development Area within such Districts. The party responsible for Initial Site Development shall be solely responsible for any mitigation required and performance guarantees required. b. Second-Phase Development 1) Single-Family (R-1) and Moderate Density Residential (R-2) Zoning Districts: fifteen percent (15%) of the total number of existing trees in the Development Area within such Districts. 2) All other Zoning Districts: thirty percent (30%) of the total number of existing trees in the Development Area within such Districts. B. Removal of diseased trees required. Prior to any grading, all diseased and hazardous trees on the Development Area shall be identified by the City in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased or hazardous trees as identified in other sections of this code shall be removed from the property at the expense of the property owner, at the time of grading, if so directed. Ordinance No. 585 -7- December 15, 2015 C. Removal or destruction of protected trees. Any Significant or Legacy tree that was removed or otherwise destroyed within two (2) years before any application for a Tree and Landscape Permit shall be inventoried and shall be considered in the Tree and Landscape Plan at the time of permitting. Subdivision 6. Mitigation A. In any development in which the tree removal allowance set forth in this Section is exceeded, the applicant shall mitigate the tree loss by either: 1. Reforestation (tree replacement) in accordance with the Tree Replacement Schedule and the Tree and Landscape Plan; or 2. Payment to the City of the sum calculated from the total amount of required replacement trees in accordance with the Tree Replacement Schedule and the City fee schedule, and such payment shall be deposited with the City in an account designated specifically for tree mitigation. B. The mitigation of required tree replacement shall be prioritized in the following order: 1. Locate replacement trees on the lot in which trees were previously removed; 2. Locate replacement trees within the Development Area; 3. Locate replacement trees outside the Development Area within the City, with such locations determined by the City Manager or his/her designee; and then lastly, 4. Cash in-lieu of planting may be approved by the City Manager or his/her designee if other mitigation options are not possible. C. The form of mitigation to be provided by the applicant shall be determined by the City Manager or his/her designee. D. The planting of trees for mitigation shall satisfy all or a portion of the minimum landscape requirements under this Section. E. Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding to the smallest diameter Significant tree. Subdivision 7. Tree Replacement Schedule A. Size of Replacement Trees: Category A trees shall be no less than the following sizes: Deciduous trees, not less than four (4) inches in diameter. Coniferous trees, not less than twelve (12) feet in height. Ordinance No. 585 -8- December 15, 2015 Category B trees shall be no less than the following sizes: Deciduous trees, not less than two and a half (2%) inches in diameter. Coniferous trees, not less than six (6) feet in height. Category C trees shall be no less than the following sizes: Deciduous trees, not less than one and one half (1%) inches in diameter. Coniferous trees, not less than four (4) feet in height. B. Significant and Legacy tree replacement. Number of Replacement Trees Category A or Category B or Category C Significant Tree(s) Removed Coniferous, 4 to 18 inches diameter 1 2 4 Coniferous, 19 to 24 inches diameter 2 4 8 Hardwood Deciduous, 6 to 20 inches diameter 1 2 4 Hardwood Deciduous, 21 to 30 inches diameter 2 4 8 Softwood Deciduous, 12 to 24 inches diameter 1 2 4 Softwood Deciduous, greater than 24 inches diameter 2 4 8 Legacy Tree(s) Removed 3 6 12 C. Species requirement. Where ten (10) or more replacement trees are required, not more than twenty percent (20%) of the replacement trees shall be of the same species of tree without the approval of the City Manager or his/her designee. Subdivision 8. Minimum Landscape Requirements Any eligible Development under this Section shall comply with the following minimum landscape requirements. A. Minimum Requirements 1. Single-Family (R-1) and Moderate (R-2) Density Residential Zoning Districts: a. Three (3) trees in each lot, one (1) of which tree must be located in the front yard; and b. Any combination of five (5) shrubs and perennials in each lot. 2. Industrial and Light Industrial Zoning Districts: Ordinance No. 585 -9- December 15, 2015 a. One (1) tree per fifty (50) linear feet of lot perimeter abutting or adjacent to streets, alleyways, residential properties, and regional trails; and b. One (1) shrub or perennial per five (5) linear feet of lot perimeter abutting or adjacent to streets, alleyways, residential properties, and regional trails. 3. All other Zoning Districts: a. One (1) tree per fifty (50) linear feet of lot perimeter; and b. One (1) shrub or perennial per five (5) linear feet of lot perimeter. B. Calculation 1. Existing and approved trees, shrubs, and perennials to be preserved or maintained shall apply toward the minimum requirements. 2. Calculations to determine the minimum requirements are rounded up to the nearest whole number. 3. The City Manager or his/her designee reserves the right to modify landscaping requirements based on the form and nature of the building and property and the surrounding properties. 4. The City maintains authority to exclude invasive, non-native, and aggressive species from the list of eligible species which meet the minimum landscape requirements. 5. The City recognizes the ecological value of native plants, grasses, and wildflowers and encourages the establishment of these environments where appropriate. Some reduction in the required number of trees, shrubs, and perennials may be considered to accommodate a larger massing of these environments. However, manicured borders or transitional areas shall be included adjacent to streets, alleyways, parking lots, and other properties where such environments are established or being established. Subdivision 9. Compliance A. Compliance with plan. 1. The permittee shall implement the Tree and Landscape Plan prior to and during any construction. The tree protection measures shall remain in place until all grading, construction, and development activity is terminated, or until a request is made to and approved by the City Manager or his/her designee. 2. No Significant trees or Legacy trees shall be removed until a Tree and Landscape Plan is approved and such removals shall be in accordance with the approved Tree and Landscape Plan. If a Significant tree(s) or Legacy tree(s) that was intended to be preserved is removed without specific permission of the City Manager or his/her designee or damaged so that it is in Ordinance No. 585 -10- December 15, 2015 a state of decline within one (1) year from date of project approval and completion, a cash mitigation, calculated based on the number of removed Significant trees and Legacy trees, in the amount set forth in the City fee schedule, shall be remitted to the City. 3. The City shall have the right to inspect the Development Area in order to determine compliance with the approved Tree and Landscape Plan. The City shall determine whether the Tree and Landscape Plan has been complied with. 4. If, after the issuance of the Tree and Landscape Permit, the City receives new information or evidence regarding the Development Area, including without limitation evidence of non-compliance with the City Code, the City Manager or his/her designee may issue an order to modify the approved Tree and Landscape Permit and stipulate a time frame for compliance. The Permittee shall comply with said order. 5. The City Manager or his/her designee shall suspend the Tree and Landscape Permit and issue a stop work order if the City Manager or his/her designee determines that the Permit was issued in error, the Permittee supplied incorrect information, or the Permittee is in violation of any provision of the approved plans, the Permit, or this Section. The City Manager or his/her designee shall reinstate a suspended Permit upon the Permittee's correction of the cause of the suspension. 6. If a Permittee has not implemented the Tree and Landscape Plan as required or is otherwise not in compliance with the Tree and Landscape Permit or this Section, the City may issue a stop work order for any other City permits related to the Development if requested by the City Manager or his/her designee. B. Financial Security 1. Amount and Type. The Applicant shall provide the City financial security for the performance of work described and delineated in the approved Tree and Landscape Permit in an amount not less than one hundred and twenty five percent (125%) of the approved estimated cost of performing the described work. The type of the security shall be one (1) or a combination of the following to be determined by the City Manager or his/her designee: a. Bond or bonds issued by one (1) or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the City Manager or his/her designee or a responsible escrow agent or trust company at the option of the City Manager or his/her designee, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Ordinance No. 585 -11- December 15, 2015 government wherein said financial institution pledges funds are on deposit and guaranteed for payment; c. Irrevocable Letter of Credit in a form acceptable to the City Attorney; or d. Cash in U.S. currency. 2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one (1) growing season after installation, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for an additional warranty period at the discretion of the City Manager or his/her designee. C. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) growing season after the date of project approval and completion shall be removed by the applicant or permittee and replaced with a new healthy tree meeting the same minimum size requirements within one (1) month of removal or as soon as weather permits, whichever is later. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 15th day of December, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 585, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.32 Tree Preservation This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. This ordinance amends Section 4.32 Tree Preservation of the Golden Valley City Code to introduce minimum landscape requirements, establish priorities for mitigation, and reduce the maximum allowable tree removal prior to mitigation. This ordinance shall take effect upon publication. A copy of the full text of this ordinance is available from the City Clerk's Office. Adopted by the City Council this 15th day of December, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk city of golden11MEMORANDUM Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. H. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations Prepared By Sue Virnig, Finance Director Summary This resolution is for acceptance of donations received from throughout the year for ongoing programs that are approved at year end. Attachments • Resolution Accepting Donations for the Ongoing Programs (6 pages) Recommended Action Motion to adopt Resolution Accepting Donations for the Ongoing Programs. Resolution 15-97 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Ongoing Programs: Golden Valley Human Services Fund Anonymous $ 1,000.00 Bassett Creek Dental $ 550.00 Best & Flanagan $ 3,000.00 BMGA $ 124.50 Fisher Bren & Sheridan LLP $ 500.00 Gurstel Chargo PA $ 500.00 HCMC-Golden Valley Clinic $ 500.00 Liberty Carton Company/LDI $ 525.00 Park Nicollet health Services $ 1,000.00 Rudy Luther Toyota $ 300.00 Short Elliott Henderson, Inc $ 500.00 WSB & Associates $ 500.00 In-Kind Donations Al's Coffee, Best Wishes Floral, Boulevard Kitchen and Bar, Brookview Golf Course, Byerly's of Golden Valley, Chipolte - Golden Valley, Channel 12/NWCT, City Looks Salon, Crossroads Deli, Doolittle's of Golden Valley, Down in the Valley, Einstein Brothers Bagels, Finken Great Glacier Water, Frito Lay, Gigi's Cupcakes, Go Health Chiropractic, Let's Dish, Massage Envy, Mermaid Car Wash, Metro Dining Cards, MGM Liquors, Mort's Delicatessen, New Bohemia, 9Round Fitness, Noodles and Company, Old Fashioned Donut Shoppe, Papa John's, Perkins Family Restaurant - Highway 55 and 394 locations, Pilgrim Cleaners, Road ID, Teresa's Mexican Restaurant, Valley Pastries, Vic's Restaurant, Which Wich, Yoplait USA Solicitation Letters Adam & Evie Ingber $ 25 Adele Hellweg $ 25 Resolution 15-97 -2- December 15, 2015 Solicitation Letters - continued Aghdas Meshkinghalam $ 20 Aileen Halos $ 20 Alden Halloran $ 10 Alice Hinnenkamp $ 25 Allen & Andrea Barnard $ 25 Amy & Christian Daleiden $ 75 Andrew Snope $ 50 Anna Bergquist $ 20 Anonymous (19) $ 1,335 Anthony & Nina DiAngelis $ 75 Art & Carol Doten $ 50 Barbara Bach $ 20 Barbara Held $ 200 Barbara McCutcheon $ 30 Barbara Raport $ 20 Bernadine Gray $ 25 Best and Flanagan (Steven Kruger) $ 500 Betsy Kerr $ 30 Bob & Mary Shaffer $ 100 Bob Schlicksup $ 200 Bobbie Goldfarb $ 20 Bonnie & Stephen Litton $ 50 Bonnie Ostlund $ 30 Bruce Anderson $ 20 Carol Jensen $ 36 Carol Marx $ 25 Carolyn Amplantz Giving LLC $ 15,000 Carolyn Fiterman $ 250 Catherine McIntire $ 15 Charles & Marjorie Ostrov $ 25 Charlie Meyers $ 20 Christopher Robinson $ 30 Claire & Janice Hetland $ 50 Craig Halvorson $ 100 Dale & Susan Berns $ 25 Dale Petersen $ 50 Daniel & Jeanne Novak $ 25 David & Jan Kuball $ 50 David Elert $ 25 David Grote $ 20 Deane & Diane Kishel $ 60 Deanne Hanson $ 10 Deborah Eisenstadt $ 50 Resolution 15-97 -3- December 15, 2015 Solicitation Letters - continued Dennis & Marge Anderson $ 15 Dennis & Shirley Gustner $ 20 Dennis Flom $ 10 Dennis Johnson $ 10 Don & Grace Grussing $ 30 Don Forseth $ 10 Donald Browne $ 25 Donna Godejohn $ 50 Donna Wolff $ 25 Donovan Juliar $ 10 Doris & Delroy Thomas $ 100 Douglas & Barbara Diedrich $ 100 Douglas & Patricia Spaulding $ 50 Dr. Bruce Carlson $ 50 Duane & Karen Orn $ 25 Ed Patton $ 150 Elaine Robashkin $ 20 Elissa Heilicher $ 100 Elizabeth Gross $ 45 Ellen Hughes $ 30 Emmett Carpel $ 100 Eric & Laura Kehrberg $ 100 Gareld Carpentier $ 10 Gervaise Westerman $ 50 Glen & Ardith Eiden $ 50 Glen Amundson $ 25 Griff Kennedy $ 30 Harold & Delphine Arme $ 10 Heather Bjork $ 50 Helen & Scott Moser $ 50 Helen Vodovoz $ 30 Hilda Rosai $ 10 Hilmer & Gloria Erickson $ 100 Howard Kampf $ 30 J. & D. Johnson $ 30 Jack & Dallis Perry $ 50 Jack & Sylvia Zouher $ 25 Jacqueline Moen $ 20 James & Sara Herrick $ 30 James Leith $ 10 James Turbenson $ 25 James Uttley $ 500 Resolution 15-97 -4- December 15, 2015 Solicitation Letters - continued James Wilson $ 50 Jane Iverson $ 30 Janice Paulsen $ 70 Jean Kidd $ 20 Jean Sorenson $ 20 Jeff & Eileen Silver $ 10 Jim Bernard $ 50 Joan & Dale Forde $ 30 Joan Dorman $ 30 Jodie Harmon $ 30 Joey & Jerry Laurie $ 10 John Giese $ 26 John Marshall $ 25 John Miller-Stephany $ 50 John Toren $ 50 John Yngve $ 50 Josh & Penny Burke $ 30 Judith & Howard Kauffman $ 10 Judith Kilian-Weber $ 250 Karen Desnick $ 30 Karen Linn Anderson $ 20 Kathryn Frommer $ 25 Keith & Kris Hanson $ 20 Ken & Ellen Anderson $ 25 Kenneth & Avanelle Gaines $ 20 Kent Johnson $ 30 Kurt Rose $ 10 Larry Fonnest $ 50 Laura Marahrens $ 50 Laurence Ruggeri $ 10 Les Bergh $ 10 Lisa Olberg $ 30 Lowell & Janice Kleven $ 100 Luke & Janet Weisberg $ 20 LuVerne Erickson $ 30 Lynn Johnson $ 20 Maija Cepure-Zemmels $ 20 Margie Hanson $ 10 Maria Johnson $ 50 Marie Collins $ 50 Marilyn Raupp $ 10 Martin Lipschultz $ 100 Mary Chessen $ 30 Resolution 15-97 -5- December 15, 2015 Solicitation Letters - continued Maureen & John Fischer $ 100 Maxine Simon $ 20 Mehroo Cooper $ 20 Mibs Pearson $ 25 Mike Freiberg $ 30 Milton Hill $ 25 Muriel Erickson $ 30 Naomi Crepeau $ 50 Natalia Dreizin $ 20 Nate Karol $ 50 Nathan Wayne $ 100 Norman Rud $ 40 Pat Greenlees $ 25 Patrick & Beth Lilja $ 50 Paul & Barb Green $ 30 Paula Pentel $ 500 Peter Homzik $ 30 Peter Pluwak $ 30 Ramona Krile $ 10 Richard Patterson $ 10 Robert & Jennifer Astolfi $ 50 Robert & Pat Hoyt $ 25 Robert Roth $ 25 Robert Tronnier $ 75 Ron & Gail Nida $ 10 Rosa Stein $ 50 Rosann Konieczny $ 50 Ross & Claudia Daml $ 20 Ruth Paradise $ 25 Ruth Usem $ 20 Sally & Nathan Berg $ 20 Sally Hobbs $ 20 Sam & Barbara Courey $ 100 Sam Chanen $ 25 Samuel & Kathryn Dardick $ 200 Sandra Accola $ 25 Sara Jaehne $ 20 Sarah Biermeier $ 50 Sarah Bray $ 20 Sarah Lee $ 50 Shirley Jones $ 30 Stanley Hansen $ 10 Stephanie Blohm $ 30 Resolution 15-97 -6- December 15, 2015 Solicitation Letters - continued Stephanie Landmark $ 40 Stephen & Mary Robinson $ 30 Steve and Bonnie Heller $ 50 Steven Collin $ 20 Steven Schmidgall $ 30 Steven Shapiro $ 35 Sue & Chuck Muscoplat $ 20 Susan & Lloyd Armstrong $ 100 Susan & Ron Blum $ 30 Susan Alrifal $ 50 Susan Forster $ 30 Susan Marvin $ 30 Tara Dresser $ 10 Teresa Belden $ 10 Thomas Hoskamer $ 100 Thomas Snetsinger $ 50 Thomas Sweeney $ 20 Timothy & Laurie Freier $ 50 Todd Grant $ 50 Tom & Kathy Skalitzky $ 100 Tom & Sheva Sanders $ 50 Tom Bauer $ 25 Tom Harn $ 100 Tom White $ 10 Virginia Kukkola $ 25 Virginia Stinson $ 20 Wayne Kepplinger $ 200 Wendy & Robert Lazear $ 50 William Sahly $ 200 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 golden11 MMEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. I. Authorizing Call of General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C Prepared By Susan Virnig, Finance Director Summary The following resolution need to be approved to call for the outstanding Series 2006C Bonds that were sold to help finance improvements regarding the utilities needed to coincide with the General Mills improvements along Trunk Highway 55 and Boone Avenue. Currently $900,000 in aggregate principal of the original issue of$1,945,000 (2006C) is outstanding. The debt service payment of$153,776.25 will be made on February 1, 2016, along with the $775,000 remaining principal. Attachments • Resolution Authorizing Call of General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C (3 pages) Recommended Action Motion to adopt Resolution Authorizing Call of General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C. Resolution 15-98 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CALL OF SERIES 2006C BONDS BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: Section 1. The City has issued its General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C, dated, as originally issued, as of July 19, 2006, in the original principal amount of$1,945,000 (the "Bonds"). Section 2. The Bonds maturing in 2018 and later years are subject to prepayment on February 1, 2016, upon notice of call for redemption thereof mailed not fewer than 30 days before the date specified for redemption to the registered owners of the Bonds. Section 3. This Council has determined that there exist sufficient funds available to prepay on February 1, 2016, the Bonds maturing in 2018 and later years. Section 4. U. S. Bank National Association, as registrar and paying agent for the Bonds, is hereby authorized and directed to cause the Notice of Redemption attached hereto as Exhibit A to be provided as required by the resolution authorizing the issuance of the Bonds. Section 5. No further action shall be required of the Council to complete the prepayment of the Bonds maturing in 2018 and later years. 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. Resolution 15-98 -2- December 15, 2015 EXHIBIT A NOTICE OF REDEMPTION $1,945,000 General Obligation Storm Sewer Utility Revenue Bonds, Series 2006C Dated as of July 19, 2006 City of Golden Valley, Minnesota NOTICE IS HEREBY GIVEN that the City of Golden Valley, Minnesota (the "Issuer"), has called for redemption and prepayment on February 1, 2016, the outstanding Bonds of the above-referenced issue (the "Bonds") maturing on February 1 in the following years, in the principal amounts and having the interest rates and CUSIP numbers listed below: Maturity Amount Rate CUSIP® 2018 $290,000 4.10% 381246 CX 3* 2019 485,000 4.15 381246 DA2* The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to U.S. Bank National Association, St. Paul, Minnesota, on or before said date, when they will cease to bear interest, in the following manner: If by Mail: If by Hand or Overnight Mail: U.S. Bank U.S. Bank Corporate Trust Services Corporate Trust Services P.O. Box 64111 111 Fillmore Avenue East St. Paul, MN 55164-0111 St. Paul, MN 55107 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. ® Registered Trademark 2015,American Bankers Association. CUSIP data herein is provided by Standard& Poor's, CUSIP Services Bureau, a division of the McGraw-Hill Companies, Inc. CUSIP numbers have been assigned by an independent company not affiliated with the Issuer or Paying Agent and are included solely for the convenience of the holders of the Bonds. Neither the Issuer nor the Paying Agent is responsible for the selection or uses of these CUSIP numbers, and no representation is made as to their correctness on the Bonds or as indicated above. The CUSIP number for a specific maturity is subject to being changed after the issuance of the Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part of the Bonds. Indicates full call. Resolution 15-98 -3- December 15, 2015 The Paying Agent shall not be responsible for the selection of or use of the CUSIP number, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul, Minnesota 55101 (651-223-3000), financial advisor to the Issuer. Dated: , 20_. BY ORDER OF THE CITY COUNCIL CITY OF GOLDEN VALLEY, MINNESOTA By s/ City Clerk city of golden MEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. J. Engagement Letter-Auditing Services for 2015 Fiscal Year Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich and Co. for 2015 audit services for$45,250. This amount is also for reviewing the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 28, 2016. Attachments • Engagement Letter With MMKR - City Audit, For The Year 2015 (8 pages) Recommended Action Motion to authorize City Manager to sign Engagement Letter with the firm of Malloy, Montague, Karnowski, Radosevich & Co. for the 2015 audit of the City. PRINCIPALS Thomas M.Montague,CPA Thomas A.Karnowski,CPA Patti A.Radosevich,CPA William J.Lauer,CPA C E R T i E I l D1\../1.-MicR PUBLIC James H.Eichten,CPA ACCOUNTANTS Aaron J.Nielsen,CPA Victoria L.HolinL,CPA December 3,2015 To the City Council and Management of the City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Councilmembers and Management: We arc pleased to confirm our understanding of the services we are to provide for the City of Golden Valley (the City) for the year ended December 31, 2015. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the year ended December 31, 2015. Accounting standards generally accepted in the United States of America provide for certain required supplementary information(RSI), such as Management's Discussion and Analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB) who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures,but will not be audited: 1) MD&A 2) GASB-required supplementary pension and other post-employment benefits information We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and will provide an opinion on it in relation to the financial statements as a whole, in a separate written report accompanying our auditor's report on the financial statements OR in a report combined with our auditor's report on the financial statements: 1) Combining and individual fund statements and schedules,presented as supplemental information Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 \Vaezata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com City of Golden Valley Page 2 December 3, 2015 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information: 1) Introductory information 2) Statistical section We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65, and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis,and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), which would only be required if the City expended $750,000 or more in federal assistance funds during the year. If the City is required to have a Single Audit of federal assistance funds,this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole.Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to management and the City Council of the City. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions,we may decline to express opinions or issue reports,or may withdraw from this engagement. City of Golden Valley Page 3 December 3,2015 We will also provide a report (that does not include an opinion)on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states(1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control on compliance, and(2)that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance.The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal,regulatory,or contractual requirements. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from(1) errors, (2) fraudulent financial reporting,(3)misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit,combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and perfonned in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards. In addition,an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements.However,we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement,and they may bill you for responding to this inquiry. At the conclusion of our audit,we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws,regulations, contracts, and grant agreements; and other responsibilities required by auditing standards generally accepted in the United States of America. City of Golden Valley Page 4 • December 3,2015 Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control,sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit,we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts,agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist in preparing the financial statements and related notes of the City in conformity with accounting principles generally accepted in the United States of America based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. Management Responsibilities Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (I) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. City of Golden Valley Page 5 December 3,2015 Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial,both individually and in the aggregate,to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1)management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information,which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with accounting principles generally accepted in the United States of America; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America; (3) the methods of measurement or presentation have not changed from those used in the prior period(or, if they have changed, the reasons for such changes); and (4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter.This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual,preferably from senior management,with suitable skill,knowledge,or experience;evaluate the adequacy and results of those services;and accept responsibility for them. City of Golden Valley Page 6 • December 3,2015 Engagement Administration,Fees,and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing,will be discussed and coordinated with you. We will provide copies of our reports to the City;however,management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information,copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a regulatory agency or its designee, a federal agency providing direct or indirect funding, or the U.S.Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings,or to carryout oversight responsibilities. We will notify you of any such request. If requested,access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore,upon request,we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others,including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit shortly after the end of your fiscal year and to issue our reports prior to June 30, 2016. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports. Our fee for these services with be at our standard hourly rates plus out-of-pocket costs (such as report reproduction,word processing,postage,travel,copies,telephone,etc.)except that we agree that our gross fee, including expenses,will not exceed $45,250. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. City of Golden Valley Page 7 • December 3,2015 These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements,transactions and legal requirements of new bond issues,new funds,major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records,or turnover in the City's staff. With regard to the electronic dissemination of audited financial statements,including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement,and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. During the year, you might request additional services such as routine advice,assistance in implementing audit recommendations, review of your projections or budgets, and other similar projects. Independence standards allow us to perform these routine services; however, it is important that you understand that we are not allowed to make management decisions, perfonn management functions, nor can we audit our • own work or provide nonaudit services that are significant to the subject matter of the audit. Please be aware that e-mail is not a secure method of transmitting data. It can be intercepted, read, and possibly changed. Due to the large volume of e-mails sent daily, the likelihood of someone intercepting your e-mail is relatively small, but it does exist. We will communicate with you via e-mail, if you are willing to accept this risk. To ensure that MMKR's independence is not impaired under the AICPA Code of Professional Conduct, you agree to inform the engagement partner before entering into any substantive employment discussions with any of our personnel. If a dispute occurs related in any way to our services, our firm and the City agree to discuss the dispute and, if necessary,to promptly mediate in a good faith effort to resolve it.We will agree on a mediator,but if we cannot, either of us may apply to a court having personal jurisdiction over the parties for appointment of a mediator. We will share the mediator's fees and expenses equally, but otherwise will bear our own attorney fees and costs of the mediation.Participation in such mediation shall be a condition to either of us initiating litigation. To allow time for the mediation,any applicable statute of limitations shall be tolled for a period not to exceed 120 days from the date either of us first requests in writing to mediate the dispute. The mediation shall be confidential in all respects, as allowed or required by law, except that our final settlement positions at mediation shall be admissible in litigation solely to determine the identity of the prevailing party for purposes of the awarding of attorney fees. City of Golden Valley Page 8 • December 3,2015 We both recognize the importance of performing our obligations under this agreement in a timely way and fully cooperating with the other. In the event that either of us fails to timely perform or fully cooperate, the other party may, in its sole discretion, elect to suspend performance or terminate the agreement regardless of the prejudice to the other person. We agree we will give 10 days' written notice of an intent to suspend or terminate, specifying the grounds for our decision, and will give the other an opportunity to cure the circumstances cited as grounds for that decision. In the event of suspension or termination,all fees and costs are im mmediately due on billing. We agree that it is important that disputes be discussed and resolved promptly. For that reason, we agree that,notwithstanding any other statutes of limitations or court decisions concerning them,all claims either of us may have will be barred unless brought within one year of the date the complaining party first incurs any damage of any kind, whether discovered or not, related in any way to acts or omissions of the other party, whether or not the complaining party seeks recovery for that first damage and whether or not we have continued to maintain a business relationship after the first damage occurred. Notwithstanding anything in this letter to the contrary we agree that regardless of where the City is located, or where this agreement is physically signed, this agreement shall have been deemed to have been entered into at our office in Hennepin County, Minnesota, and Hennepin County shall be the exclusive venue and jurisdiction for resolving disputes related to this agreement. This agreement shall be interpreted and governed under the laws of Minnesota. When requested, Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment,and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Sincerely, MALLOY,MONTAGUE,KARNOWSKI,RADOSEVICH&CO.,P.A. 4 William J. Lauer, PA Principal WJL:kch Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: city of r a golden , MEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. K. Authorize Transfer from Capital Improvement Fund and Equipment Replacement Fund to Certificates of Indebtedness Fund Prepared By Sue Virnig, Finance Director Summary At the December 1 Council Meeting, staff was directed to lower the total tax levy payable in 2016 by $129,000. The items that were removed were in the following areas: - Building Custodial Services contract was approved and reduced the Building Operations budget by $35,000. This reduced the General Fund Operating levy by $35,000 for a total of$14,452,955. - Body Cameras were funded with the 2015 General Fund Budget. In October, the General Fund budget was amended (Resolution 15-76) and transferred those monies to the Equipment Replacement Fund. The $54,000 will reduce the debt levy for certificates of indebtedness. - The Comprehensive Plan included $40,000 for the Harold Winnetka study. This was eliminated and reduced the debt levy for certificates of indebtedness by$40,000. With the consideration of Resolution 15-99, the transfers will help fund the debt service payments required in 2016 without an additional levy. Attachments • Resolution Authorizing the Transfer from Capital Improvement Fund and Equipment Replacement Fund to Certificates of Indebtedness Fund (1 page) Recommended Action Motion to adopt Resolution Authorizing the Transfer from Capital Improvement Fund and Equipment Replacement Fund to Certificates of Indebtedness Fund. Resolution 15-99 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER FROM CAPITAL IMPROVEMENT FUND $40,000 AND EQUIPMENT REPLACEMENT FUND $54,000 TO CERTIFCATES OF INDEBTEDNESS FUND $94,000 WHEREAS, the monies of$40,000 received from the Capital Improvement Fund and were from the decertification of Golden Hills Tax Increment Fund to finance CIP S- 035; and WHEREAS, Resolution 15-76 amended the General Fund Budget and transferred $54,000 to the Equipment Replacement Fund to finance CIP V&E-135; and WHEREAS, the transfer of$94,000 to the Certificate of Indebtedness Fund to pay for 2016 Debt Service Payments; and WHEREAS, Council directed staff to lower the Total Tax Levy Payable by $129,000 at the December 1, 2015, Council Meeting by the above transfers and the reduction of the 2016 budget by $35,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley to authorize the transfer of$40,000 from the Capital Improvement Fund and $54,000 from the Equipment Replacement Fund to the Certificate of Indebtedness Fund of $94,000. 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. cityvf golden11valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. L. Financing of City Projects and Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the City to be reimbursed for expenditures related to the 2016 Capital Equipment in Equipment Replacement Fund, Brookview Community Center Replacement; Improvements along Golden Valley Rd at West Highway 55 and improvements along Xenia Avenue. This reimbursement agreement will allow the City to make expenditures for these projects and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the projects or for equipment purchases. Attachments • Resolution Relating to the Financing of City Projects; Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code (3 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of City Projects; Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code. Resolution 15-100 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF CITY PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to acquire certain capital equipment described on Exhibit A hereto (the "Capital Equipment Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Capital Equipment Project, in one or more series, in an amount not to exceed $800,000. (b) The City proposes to undertake a project consisting of the replacement of the Brookview Community Center (the "Community Center Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Community Center Project, in one or more series, in an amount not to exceed $18,000,000. (c) The City proposes to undertake a project consisting of the construction and improvement of Golden Valley Road at West Highway 55 in the City (the "Golden Valley Road Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Golden Valley Road Project, in one or more series, in an amount not to exceed $1,695,000. Resolution 15-100 -2- December 15, 2015 (d) The City proposes to undertake a project consisting of the construction and improvement of Xenia Avenue in the City (the "Xenia Avenue Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Xenia Avenue Project, in one or more series, in an amount not to exceed $1,500,000. (e) The Capital Equipment Project, the Community Center Project, the Golden Valley Road Project, and the Xenia Avenue Project are collectively the "Projects." (f) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(0(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(0(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the respective reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the Projects, other than pursuant to the issuance of the respective reimbursement bonds. Consequently, it is not expected that the issuance of the respective reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the respective reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. 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. Resolution 15-100 -3- December 15, 2015 Exhibit A Marked Squads Computer and Printers Pickup Truck - Street Portable Computers - Police Rotary Mower Asphalt Cold Planer Fire Hose Rescue Vehicle - Fire Pickup Truck - Engineering Aerial Bucket Truck Utility Tractor - Park Single Axle Dump Truck Sidewalk Tractor Unmarked Police Vehicle 800 MHZ Radios (Fire) 800 MHZ Radios (Police) Thermal Imaging Camera city of golden11M wvae� Administrative Services es De artment 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. M. Financing of the Liberty Crossing Project and Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the City to be reimbursed for expenditures related to the Liberty Crossing project located at Winnetka and Medicine Lake Road. This reimbursement agreement will allow the City to make expenditures for this project area and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the projects. Attachments • Resolution Relating to the Financing of the Liberty Crossing Project and Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code (2 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of the Liberty Crossing Project and Establishing Compliance with Reimbursement Bond Regulations under Internal Revenue Code. Resolution 15-101 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF THE LIBERTY CROSSING PROJECT AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to make original expenditures with respect to a project consisting of a five-story apartment building with approximately 187 apartments and approximately 55 townhomes, plus parking, landscaping, utilities and certain other improvements (the "Project") pursuant to Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District (Redevelopment), Winnetka Avenue North & Medicine Lake Road No. 1, prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not to exceed $6,302,695. (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(0(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(0(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the respective reimbursement bonds. Resolution 15-101 -2- December 15, 2015 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the respective reimbursement bonds. Consequently, it is not expected that the issuance of the respective reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the respective reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. 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 golden11., MEMORANDUM valley Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. N. Approval of Interfund Loan in Connection with Tax Increment Financing District (Redevelopment), Winnekta Avenue North and Medicine Lake Road Prepared By Susan Virnig, Finance Director Summary The following resolution will authorize the loan of up to $1,000,000 to the Housing and Redevelopment Authority (HRA) from its Storm Utility Fund or other funds available or so much thereof as may be paid as qualified costs (the "Interfund Loan"). Attachments • Resolution Approving An Interfund Loan in Connection with Tax Increment Financing District (Redevelopment), Winnekta Avenue North and Medicine Lake Road (2 pages) Recommended Action Motion to adopt Resolution Approving an Interfund Loan in Connection with Tax Increment Financing District (Redevelopment), Winnekta Avenue North and Medicine Lake Road. Resolution 15-102 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN INTERFUND LOAN IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT (REDEVELOPMENT), WINNETKA AVENUE NORTH & MEDICINE LAKE ROAD NO. 1 BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: 1. Recitals. (a) The Housing and Redevelopment Authority of the City of Golden Valley (the "HRA") and the City adopted the Winnetka and Medicine Lake Rd Redevelopment Plan for the Winnetka and Medicine Lake Road Project Area (the "Plan"), together with the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District (Redevelopment), Winnetka Avenue North & Medicine Lake Road No. 1 (the "District"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.174 to 469.1794, all inclusive, as amended (the "Act"). (b) In accordance with the TIF Plan, the HRA has agreed to undertake a project with Liberty Crossing Investment Partners, LLC, a Minnesota limited liability company (the "Developer"), consisting of a five-story apartment building with approximately 187 apartments and approximately 55 townhomes, plus parking, landscaping, utilities and certain other improvements (the "Development"), all pursuant to a Private Development Agreement to be entered into with the Developer. (c) The HRA has requested an interfund loan from the City to the HRA in the amount of$1,000,000 to pay initial costs relating to the Development Agreement. 2. Approval of Interfund Loan. (a) The City hereby authorizes the loan of up to $1,000,000 to the HRA from its Storm Utility Fund or other funds available or so much thereof as may be paid as qualified costs (the "Interfund Loan"). The City shall be reimbursed such amount, together with interest at the rate stated below. Interest accrues on the principal amount from the date of each loan. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09, as of the date the loan is made, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09, are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. (b) Principal and interest ("Payments") on the Interfund Loan shall be paid semi- annually in two (2) equal installments per year, each installment to be paid within ten (10) business days of receipt by the City of property tax revenues from Hennepin County (the "Payment Dates"), commencing on the first Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Finance Director, through the date of last receipt of tax increment from the HRA pursuant to the TIF Plan (the "maximum term"). Resolution 15-102 -2- December 15, 2015 (c) Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid for the preceding six (6) months with respect to the Development Property and remitted by Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. (d) The principal sum and all accrued interest payable under this Interfund Loan are pre-payable in whole or in part at any time by the HRA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) This Interfund Loan is evidence of a loan in accordance with Minnesota Statutes, Section 469.178, subdivision 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. 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 y golden11 MEMORANDUM 1 valley Police Department 763-593-8079/763- 763-593-8098(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. 0. Authorization to Sign Second Amendment to Agreement for Animal Pound Services with City of Robbinsdale Prepared By Stacy Carlson, Chief of Police Summary The City of Robbinsdale made a request in the fall of 2012 for a proposal to enter into an agreement for animal impound services as their current facility (Camden Animal Hospital) would no longer provide service beginning January 1, 2013. Staff reviewed our facility resources and determined that we could provide animal impound services to the City of Robbinsdale. A one year agreement between the two cities became effective on January 1, 2013 through December 31, 2013. On December 17, 2013, a first amendment was adopted for the agreement term of January 1, 2014 through December 31, 2015. The City of Robbinsdale has been very pleased with the services provided and would like to enter into another two year contract to continue Animal Impound Services with the City of Golden Valley. Attachments • Original Agreement for Animal Pound Services with the City of Robbinsdale (8 pages) • Second Amendment to Agreement for Animal Pound Services (2 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the Second Amendment to the Agreement for Animal Pound Services with the City of Robbinsdale for 2016-2017. AGREEMENT FOR ANIMAL POUND SERVICES THIS AGREEMENT is made on the 19th day of December, 2012 between the City of Robbinsdale, a Minnesota municipal corporation ("Robbinsdale"), and City of Golden Valley, a Minnesota municipal corporation ("Golden Valley"). RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units, by an agreement approved by the governing bodies, to jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, Robbinsdale is desirous of contracting with Golden Valley for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant with the Robbinsdale City Code of Ordinances by officials of Robbinsdale; and WHEREAS, Robbinsdale's existing Animal Pound Contract with the Camden Pet Hospital expires on December 31, 2012, and the Camden Pet Hospital is no longer able to provide the required services to Robbinsdale; and WHEREAS, after contacting numerous facilities and reviewing various options as set forth in the November 20, 2012 Council Memo incorporated herein and attached hereto as Exhibit A, Robbinsdale selected the animal impound services of Golden Valley for the calendar year 2013 based on Golden Valley's availability and fees; and WHEREAS, the Golden Valley proposal is incorporated herein and attached to this Agreement as Exhibit B; and WHEREAS, the parties wish to set forth in writing the terms and conditions of this Agreement. NOW, THEREFORE, based on the mutual promises and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: 1. Recitals.The Recitals set forth above are incorporated by reference as if fully set forth herein. 2. Animal Pound. The pound services provided to Robbinsdale by Golden Valley pursuant to this Agreement shall be provided at the Golden Valley Public Works facility located at Highway 169 and 10th Avenue North in Golden Valley, Minnesota. Any location change must be approved in writing in advance by Robbinsdale. 3. Scope of Work. The Scope of the Work is set forth in Golden Valley's proposal dated October 30, 2012,which is attached to this Agreement as Exhibit B, and the following requirements shall also be included: 1 (a) Golden Valley shall make available to Robbinsdale the plastic bags required for the freezer storage of DOA Animals; and (b) The provisions contained in Exhibit B shall also apply to dangerous and potentially dangerous dogs, and Golden Valley agrees to work cooperatively with Robbinsdale to administer the Robbinsdale City Code of Ordinances and the state law requirements related to such dogs; and (c) Robbinsdale sets a cap of$500 for medical care deemed immediately necessary when the owner of the injured animal is unknown as set forth in the section on Injured Animals in Exhibit B; and (d) Any other service mutually agreed upon in advance by the parties (Exhibit B and (a)-(d) collectively hereinafter"Work"). 4. Standards.All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for services of the like kind. 5. Term.The term of this Agreement is from January 1, 2013 to December 31, 2013. 6. Compensation for Services. a. Fees. Robbinsdale agrees to pay Golden Valley according to the fees set forth in Exhibit B, except that the$50/animal impound fee will not be charged to Robbinsdale. b. Method of Payment. Robbinsdale shall pay Golden Valley on a monthly basis upon receipt of an invoice from Golden Valley.All invoices submitted for payment must be in compliance with state law. c. Compensation for Additional Services and Expenses. Any additional services or expenses not provided for in this Agreement must be mutually agreed upon in writing in advance by the parties. 7. Data Practices. The parties agree this this Agreement and any information provided to the parties through the provision of services under this Agreement is subject to and shall be administered in accordance with Minnesota Statutes, Chapter 13. The parties agree to work cooperatively with each other to timely respond to any request for data pursuant to Minnesota Statutes, Chapter 13. 8. Records. Golden Valley agrees to maintain the records deemed necessary by Robbinsdale to insure that the Work is provided as represented by Golden Valley, and to make such records available to Robbinsdale for the purposes set forth in this Agreement and to either the legislative or state auditor, as appropriate, pursuant to state law. 2 9. Termination.This Agreement may be terminated by either party at any time with or without cause, upon thirty days written notice as provided in paragraph 18 herein. In such instance, Robbinsdale shall only pay those fees rendered in accordance with this Agreement before the termination.date. 10. Subcontracts or Assignments. Golden Valley shall not enter into subcontracts or assignments for services provided under this Agreement, except as noted in Exhibit B, without the express written consent of the City. 11, Independent Contract. No statement herein shall be construed so as to find that any employee, agent, assignee, or subcontractor of Golden Valley is an employee of Robbinsdale. Robbinsdale shall not assume any liability and shall not be responsible for the direct payment of any of salary, wage, workers' compensation, income tax withholding and health insurance or any other type of compensation to any Golden Valley employee, agent, assignee, or subcontractor. 12. Services Not Provided For. No claim for services furnished by Golden Valley not specifically provided for herein or approved by Robbinsdale in writing in advance shall be honored by Robbinsdale. 13. Compliance with Law. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations. 14. Waiver.Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 15. Indemnification. Robbinsdale agrees to defend, indemnify and hold harmless Golden Valley, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Robbinsdale's performance of the duties required under this Agreement. Golden Valley agrees to defend, indemnify and hold harmless Robbinsdale, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Golden Valley's performance of the duties required under this Agreement. 16. Insurance. Golden Valley shall carry comprehensive general liability insurance and public officials' insurance in the amount of at least$300,000 to any claimant and $1,000,000 for any number of claims arising out of a single occurrence. Golden Valley shall have Robbinsdale named as an additional insured, and provide a certificate of said insurance. Golden Valley shall carry Worker's Compensation Insurance as required by state law and will provide a certificate of said insurance to Robbinsdale. 3 17. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 18. Notices. All notices required by this Agreement shall be in written form and shall be deemed delivered upon its receipt by the Chief of Police of either party. Notice may be made by personal delivery, mail or facsimile. 19. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21, Counterparts. This agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF ROBBINSDALE By: Its: Ma r By: 44c'4.. Its: City Manager CITY OF GOLDEN VALLEY By: r�-�.a/A' %Lc.; Its: May By: Its: ity Manager 4 4 4410. EXHIBIT A Citi I I'1101) inticlnic' To: Mayor and City Council From: Marcia Glick,City Manager Date: November 20,2012 RE: New Animal Impound Contract Background For several years the police department has contracted with Camden Pet Hospital(CPH)for the boarding and care of animals impounded by the City of Robbinsdale. However,on 9/14/2012, CPH informed the police department that it would be unable to renew our contract,which expires on 12/31/2012,due to a remodeling of their facility which resulted in less space with which to accommodate impounded animals, Anatvsis/Copclusionl The police department has been actively seeking an alternative for the city's animal needs. Though most facilities contacted have been unable or unwilling to accommodate our animal needs,the department feels it has found a viable and less expensive alternative through the City of Golden Valley,which boards and cares for its impounded animals at a facility run by the Golden Valley,police department at its city public works location(Hwy 169 and 10th Street). Listed below is a breakdown of fees. For comparison this breakdown also includes the only other,but more costly,alternative of PUPS(an animal containment facility located in Maple Grove and operated through a consortium of multiple member cities). • Fee ` • Camden Golden Val PTJPS One-Time Initiation Fee 0 0 511,000 Annual Maintenance Pee --$4,500 $1,800 $8,000 Daily Boarding Fee $23 $20 $28 lrutl niz tion Fee • ' $54 $102 $80 Carcass Disposal Fee. _ $27 $9 Variable All fees associated with an animal pound would continue to be paid by an owner at the Robbinsdale Police Station before the animal release. The release would then occur in Golden Valley during normal business hours, Recominen¢at1on By motion,authorize the Mayor and City Manager to execute a one-year trial contract with the Golden Valley Police Department for animal impound services. Concurrence: Marcia Click,City Manager Steven Smith 5 EXHIBIT B ._§ MEMORANDUM 4r Police Department . t.s .r�saly r;c+., 2 763-593-8079/FAX 763-593-8098 ` °"',rk V•M police@goldenvalleymn.gov DATE: October 30, 2012 TO: Chief Steve Smith FROM: Commander Nate Gove&Joanne Paul,Crime Analyst&Support Services Supv. SUBJECT: Robbinsdale Animal Impound Proposal CC: Chief Stacy Carlson The Golden Valley Police Department is interested in providing animal impound services to the Robbinsdale Police Department. Below are the costs and Information associated with this service. • Administrative Costs-$150/month • Boarding Rate for impounded dogs and cats- $20 per day/animal • Rate for euthanization-$102(at vet office)and$175(at our kennel) • Rate for adoption—(boarding fees only) • Rate for disposal of DOA animals-$9/animal • Vet care—billed directly to RPD from the city vet(All About Pets) We will provide access 24/7 to our impound facility to the Robbinsdale Police Department to allow for animals to be impounded at any time. Our facility is not open to the public, but appointments can be arranged by contacting the front office of our department. Once an animal is impounded, we will scan the animal for microchips and contact your department if owner information is available. If the owner is unknown, we will post pictures of the animal on our city website and the Golden Valley Humane Society's website In an effort to locate the owner. If after 10 days(according to current Robbinsdale City Code),the owner has not been located,the animal will be brought to the Humane Society for adoption.We are asking the City of Robbinsdale to consider changing their city code to reflect impounded animals be kept for seven(7) rather than ten (10)days for the purpose of impounded animals. 6 763 594 3000 '' (`'+ Our impound facility is not staffed 24/7. Community Service Officers check on animals at least 3 times each day,ensuring they have food/water,clean the kennels and exercise the animals (if appropriate). Impound Forms Robbinsdale Police Department will be required to provide their Impound forms In triplicate. One form will be left on the kennel with the animal, one copy brought to the front desk of GVPD,and one copy retained by RPD. Release of Impounded Animals The owner of an impounded animal must provide a release from the Robbinsdale Police Department, or RPD must contact our front desk giving permission to release an animal. The owner of the animal must pay the associated fees at the Golden Valley Police Department before the animal is released. Release of animals must be done by appointment to ensure that we have staff available for the release. Insured Animals At this time, our department utilizes All About Pets as our city vet. If an animal is injured and in need of veterinary care,a GV CSO will contact the Robbinsdale Police Department for permission to take the animal to our city vet for care. Robbinsdale Police Department will be billed for this service directly from our veterinarian. ( FYI-for Golden Valley animals,we have a cap of$500 with our vet if the medical care is deemed immediately necessary and the owner is unknown). Bil Our department will invoice the City of Robbinsdale once a month for any unpaid fees.We will waive the Impound fees and only charge the boarding fees for those animals that are brought to the humane society and/or euthanized. Quarantined Animals We are equipped to house quarantined animals for up to 14 days per Robbinsdale City Code. If required by Robbinsdale PD,we can take the dog to our city vet for a check-up/clearance and the veterinarian will bill the City of Robbinsdale directly. p0A Animals DOA animals should be placed in a plastic bag and put into the freezer in our impound facility. An impound form should be filled out including a description of the animal, any collars/tags and microchip information. Please do not hesitate to contact us if you have any questions or concerns.Thank you for the opportunity. it) A--7e. ego Nathan R.Gove 1 e M.Paul Commander Crime Analyst&Support Services Supervisor 763-593-8071 763-593-8058 ngove@Roldenvallevmn.Rov 1pauI goldenyallevmn.Rov SECOND AMENDMENT TO AGREEMENT FOR ANIMAL POUND SERVICES THIS SECOND AMENDMENT is made on the 15th day of December, 2015 between the City of Robbinsdale, a Minnesota municipal corporation ("Robbinsdale"), and City of Golden Valley, a Minnesota municipal corporation ("Golden Valley"). THE FIRST AMENDMENT was made on the 17th day of December, 2013 RECITALS WHEREAS, Minnesota Statutes, Section 471.59, authorizes two or more governmental units, by an agreement approved by the governing bodies, to jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, on January 1, 2013, Robbinsdale entered into a one year agreement with Golden Valley for the purpose of having a facility for the impounding, keeping, sheltering, feeding and boarding of dogs and cats, which may be picked up pursuant to the Robbinsdale City Code of Ordinances by officials of Robbinsdale ("Agreement"); and WHEREAS, the first AMENDEMENT provides for the termination of the Agreement on December 31, 2015; and WHEREAS, Robbinsdale and Golden Valley mutually desire to amend the Agreement to extend its term by two years but to otherwise maintain all other terms and conditions of the Agreement; and NOW, THEREFORE, based on the mutual promises and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: AGREEMENT 1. Recitals. The Recitals set forth above are incorporated by reference as if fully set forth herein. 2. Term. The term of this Agreement is from January 1, 2016 through December 31, 2017. 3. Full Force and Effect. Except as provided in this First Amendment, the Agreement remains unchanged and in full force and effect. 4. Counterparts. This agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. 1 IN WITNESS WHEREOF, the parties have set forth their hands to this First Amendment on the day and year first written above. CITY OF ROBBINSDALE By: Its: Mayor By: Its: City Manager CITY OF GOLDEN VALLEY By: Its: Mayor By: Its: City Manager 2 City 4f . golden11MoRANDU Physical Development valley Department - _ P 763-593 8090/763 593-_3997(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 3. P. Authorize Agreements for Liberty Crossing Flood Mitigation Improvements Final Design and Construction Services Prepared By Jeff Oliver, PE, City Engineer Eric Eckman, Public Works Specialist Summary The Liberty Crossing Planned Unit Development includes public infrastructure improvements for the flood mitigation and utility construction required as part of the development approvals. As part of the agreement with the Developer, the City will design and construct the flood mitigation and related improvements, and the Developer will design and construct the public water and sewer systems throughout the site with the City observing the construction. Due to the complexity of the project and the expertise of each consultant, the City obtained proposals from two engineering firms to assist the City with the various components of the design and construction services. Barr Engineering will take the lead on preparing bid documents, designing the flood mitigation ponds and underground flood storage vault, and providing environmental reporting and assistance and limited construction services during the project. Barr Engineering has been working with the City and Developer throughout the preliminary design phase of the development and is also working with the cities of Golden Valley, Crystal and New Hope on the Medicine Lake Road & Winnetka Avenue Area Long-term Flood Damage Reduction Study. The Barr proposal is for the not to exceed amount of$299,100. Short Elliot Hendrickson, Inc. (SEH) will serve as the resident project representative and take the lead on the construction services such as staking and observation, and will also design and coordinate the Rhode Island Avenue roadway and trail modifications and utility relocations associated with the flood mitigation improvements. SEH has assisted the City with street and utility projects in the past and has demonstrated expertise in these areas. The SEH proposal is for the not to exceed amount of$162,240. Funding for the Liberty Crossing Flood Mitigation Improvements, including design and construction services, will be provided using proceeds from the Tax Increment Bonds that are part of the overall Liberty Crossing project. Funding for the construction observation of the water and sewer systems and other public improvements constructed by the Developer is being provided by a deposit from the Developer, as identified in the PUD Development Agreement with the City. Invoices from SEH for this portion of the work will be reimbursed from the Developer's deposit with the City. Work on the final design is anticipated to begin immediately upon approval. It is anticipated that the bid opening for the construction project will occur in May 2016. Attachments • Barr Engineering Co. Agreement for the Liberty Crossing Flood Mitigation Final Design (12 pages) • SEH, Inc. Liberty Crossing Road and Utility Design and Construction Services (5 pages) Recommended Action Motion to Authorize Agreements for Liberty Crossing Flood Mitigation Improvements Final Design and Construction Services with: 1. Barr Engineering Co. in the not to exceed amount of$299,100. 2. SEH, Inc. in the not to exceed amount of$162,240. resourceful. naturally. BARR engineering and environmental consultants December 8,2015 Mr.Jeff Oliver,PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Re: Agreement for the Liberty Crossing Flood Mitigation Final Design Dear Mr.Oliver. Thank you for the opportunity to continue providing professional engineering services to the City. We will do our best to justify your expression of confidence in us. This letter,together with our Standard Terms(attached),sets forth the Agreement between the City of Golden Valley and Barr Engineering Company regarding the final design work for the flood mitigation project at the Liberty Crossing development site.This site is a critical component of the flood mitigation alternatives identified in the completed DeCola Ponds Area Flood Mitigation Study(DeCola Ponds study,Barr,April 2012)and the ongoing Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan(MLRWA plan, Barr). This letter presents the scope of professional consulting services we will provide for your project, including the proposed work tasks,the cost estimate,and the schedule for the completion of the proposed work. This scope builds off work completed as part of the preliminary design of the flood mitigation at the Liberty Crossing site. Introduction The following is our proposed approach for the final design and engineering work to be completed at the Liberty Crossing development site(former VFW site and parcels to the south)located south of Medicine Lake Road and east of Winnetka Avenue. This development site is located in an area known to experience significant flooding during a variety of storm events. The completed DeCola Ponds study by the City of Golden Valley and the ongoing follow-up MLRWA plan completed by the Cities of Golden Valley,New Hope,and Crystal,identified the Liberty Crossing site as a critical location for flood volume storage and flood conveyance and one of the first projects to be completed as part of the long term flood mitigation plan. The proposed tasks build on work completed during the preliminary engineering phase,including coordination with the developer to incorporate the needed flood mitigation components into the proposed development project. Barr Engineering Co. 4700 West 77th Street,Suite 200, Minneapolis,MN 55435 952.832.2600 www.barr.com Mr.Jeff Oliver,PE City Engineer December 8,2015 Page 2 Proposed Work Tasks Task 1: Utility Locate and Topographic Survey Task 1 will include locating all public and private utilities around the Liberty Crossing Development Site, including along Medicine Lake Road north of the development site,along Rhode Island Avenue right of way from Medicine Lake Road to 23rd Street,and the entrance driveway to the Dover Hill Apartment Driveway. Utilities to be identified will include storm sewer,sanitary sewer(gravity and force mains)and connections,water mains and connections,gas,electric,and communications. Additionally,this task will include survey of the utility locations(and inverts as accessible),topographic survey of these areas surrounding the Liberty Crossing site(as outlined above),a survey of trees 4 inches in diameter or greater (including species identification)in the right of way and along the west edge of DeCola Pond B,and survey of the surface elevations of the soil borings and VW piezometer locations(as installed during the preliminary design phase). We plan to utilize the existing conditions survey of Liberty Crossing development site(including topography and utilities)in the development of the existing conditions basemap for final design. The basemap will be developed in NGVD1929. We will utilize Gopher State One Call to locate utilities in areas identified above,outside of the proposed development parcel. We also plan to use the same survey contractor(Egan, Field, &Nowak)as was used by the Liberty Crossing developer to streamline and provide consistency between the existing survey of the Liberty Crossing site and the proposed survey the utility locations and the topographic survey. Assumptions: Developer has completed a detailed existing conditions survey(topography and utilities)of the Liberty Crossing development site and will provide for use as the final design basemap in NGVD1929;The City(or others)will perform the construction staking and as-built survey/record drawing development. Deliverables: A preliminary base map of existing conditions utilities,topography,and trees greater than 4 inches in diameter for the area surrounding the Liberty Crossing development parcel along with topography and utilities in the Liberty Crossing development in NGVD1929. Task 2: Wetland delineations, Threatened and Endangered Species Review,Cultural Resource Review,and Permitting For Task 2,Barr will perform a wetland delineation of approximately 1000 ft of wetland edge around DeCola Pond B,focusing on the sides adjacent to Rhode Island Avenue from the Dover Hill Apartment entrance south to 23`d Avenue and along the driveway to the Dover Hill Apartments.Wetland boundaries will be flagged as part of the delineation and their location will be mapped using GPS. This work will be completed in accordance with the Routine Level 2 procedures specified in the U.S.Army Corps of Engineers 1987 Wetland Delineation Manual("1987 Manual", USACE,1987),and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Midwest Region(USACE,2010). Wetland boundaries will be identified and recorded using a GPS unit with sub-meter accuracy. Barr will prepare a report of the wetland delineation to include a brief description of the proposed project, general environmental information,wetland type classifications and descriptions of the delineated Mr.Jeff Oliver,PE City Engineer December 8,2015 Page 3 wetlands,and a discussion of regulations and the administering authorities.The report will also include a precipitation analysis,wetland data forms,and site photographs.The report will be submitted to the regulatory agencies(TEP)for their review(City of Golden Valley, Minnesota Department of Natural Resources(MnDNR), Hennepin County Conservation District,and United States Army Corps of Engineers (USACOE)).Barr will then meet with the TEP representatives on site to review the wetland boundaries and obtain their approval and/or concurrence of the wetland types and boundaries. Once approved by the TEP,the wetland delineation report will be finalized. This task will also include the expected public waters and wetland permitting. During the excavation of additional flood storage in the existing right of way along Rhode Island Avenue,we may be proposing excavation below the MnDNR Ordinary High Water Level(OHWL). This will require a MnDNR Public Waters Work Permit. We are assuming that the wetland is within the jurisdiction of the USACOE due to the fact that it was historically wetland and its connection with Bassett Creek. Although we do not expect to have significant wetland impacts(<0.5 acres)as part of this project,if excavation occurs within the delineated wetland boundary a USACOE general permit will be required. If a federal wetlands permit is required and there are expected tree removals along the right of way,a Northern Long Eared Bat (endangered species) habitat assessment will need to be performed to determine if the project area includes trees that could provide roosting habitat for the northern long eared bat. Additionally,we will do a desktop review of available data for the project area to determine if other threatened and endangered (T&E)species are present in the project area,will perform a MnRAM function and value assessment,and if there are cultural resources present using the database and records from the State Historic Preservation Office(SHPO). We will develop a brief technical memo summarizing the northern long eared bat habitat assessment and T&E and cultural resource desktop review. Assumptions: For schedule,we have assumed that the TEP will not review and approve the wetland delineation report until early May 2015;A USACOE general permit will be required; the habitat assessment for the Northern Long Eared Bat and desktop review for other T&E species and cultural resources will not indicate the presence of these species or resources. Deliverables: One(1)draft wetland delineation report;One(1)onsite meeting with TEP; One(1)final wetland delineation report based on agency review;Public waters work permit; USACOE General Permit;One(1)technical memo regarding the Northern long eared bat habitat assessment,T&E species,and cultural resources for use in the permitting process Task 3: Coordination Meetings with the Liberty Crossing Developer Because the design of the flood mitigation project is adjacent to the Liberty Crossing development and will have shared stormwater infrastructure(StormTrap system)that will help the Liberty Crossing development meet their water quality needs while also maximizing onsite flood storage,design coordination and review will be required for these components. Task 3 includes up to three(3)design coordination meetings with the Liberty Crossing developer and City staff,and others(as needed). We have assumed these meetings will be held at Golden Valley City Hall. Assumptions: Meetings with the Liberty Crossing developer will be held at Golden Valley City Hall Mr.Jeff Oliver,PE city Engineer December 8,2015 Page 4 Deliverables: Three(3)coordination meetings with the Liberty Crossing developer with regards to the shared stormwater infrastructure Task 4: Utility Relocation Coordination To develop additional flood storage and prepare for expected future flood mitigation project,a section of Rhode Island will be removed from the Dover Hill Apartments south to the proposed entrance to the Liberty Crossing development and two cul-du-sacs will be constructed in these locations. There are a number of public and private utilities that run along Rhode Island Avenue including city watermain,a Metropolitan Council Environmental Services(MCES)sanitary force mains,gravity sanitary sewer,private telephone and cable lines,electric utilities,and gas lines. We expect that several sections of these utilities will need to be relocated or lowered as part of the proposed project.If storm sewer modifications along Medicine Lake Road are proposed(e.g.high capacity inlets),we will need to coordinate with Hennepin County. We have assumed that City of Golden Valley staff will take the lead on the coordination of the utility relocation/modification, We have assumed there will be one(1) meeting with MCES to discuss modifications to the sanitary sewer force and gravity mains and two(2)additional meetings to coordinate modifications to private utilities impacted by the flood mitigation project design. We have also planned for up to three(3)additional utility and design coordination meetings. We have assumed these meetings will be held at Golden Valley City Hall. Barr will perform the design of any modifications to City and/or Hennepin County storm sewer only and other utility design work will be completed by the respective organizations(for private and MCES utilities) or the City(or others)for modifications to City utilities. Assumptions: Barr will perform design of storm sewer modifications;design of all other utility modifications will be performed by others. Deliverables: One(1)meeting with MCES to discuss modifications to the sanitary sewer force and gravity mains;Two(2)additional meetings to coordinate modifications to private utilities;Three(3)other utility and design coordination meetings Task 5: Hydrologic and Hydraulic Modeling Task 5 will include the hydrologic and hydraulic(H&H)modeling of the proposed design using the XP- SWMM model developed for the City of Golden Valley during the 2012 DeCola Ponds study, as revised as part of the current Medicine Lake Road and Winnetka Avenue Long Term flood mitigation study XP- SWMM. Because this project is the first in a series of(future) projects intended to mitigate/improve the regional flooding issue around the low point on Medicine Lake Road and the downstream DeCola ponds, the model will be used to evaluate the performance of the proposed system and verify that the design will not increase flooding in any of the DeCola Ponds(A-F). The model will evaluate the impact of the flood mitigation project for the Atlas 14 2-yr,10-year and 100-year,24-hour design storm events. A technical memo will be developed summarizing the results of the XP-SWMM model based on the final design. Separate from the regional evaluation of the flooding to be completed as part of this project,the Liberty Crossing developer will still need to perform the required hydrologic,hydraulic,and water quality Mr.Jeff Oliver,PE City Engineer December 8,2015 Page 5 modeling to demonstrate compliance with the City of Golden Valley and BCWMC requirements for the proposed development. Assumptions: Utilize the existing XP-SWMM model to evaluate the Atlas 14 2-yr, 10-yr, and 100-year,24-hour design storm event. Deliverables: An XP-SWMM model for the DeCola Ponds area that reflects the final design of the flood mitigation project at the Liberty Crossing site(in NGVD1929);One(1)technical memo summarizing the H&H modeling. Task 6: Development of Final Construction Plans and Specs Task 6 will included the development of the final construction plans and technical specifications. We plan to utilize the standard specifications from the City of Golden Valley(as applicable)and incorporate special provisions as necessary. We plan to develop the construction plans and provide for review and comment by City of Golden Valley staff at 60%and 90%completion(see Task 7 below). Our design scope will focus on the proposed surface flood mitigation storage on the Liberty Crossing development site,grading and development of storage in the section along Rhode Island Avenue S between the proposed north and south cul-du-sacs,and modifications to the storm sewer. We have assumed that plans and associated technical specifications will be developed by MCES and/or the City of Golden Valley(or others,as to be determined): • road design of the proposed cul-du-sacs on Rhode Island Avenue, • utility modifications to the water main,gravity sanitary sewer,and MCES sanitary forcemain and gravity line, • erosion and sediment control plan for the project, We have assumed that the Liberty Crossing developer will be responsible for the development of the construction plans of the storm sewer for the development site and the subsurface water quality treatment and flood storage system,in coordination with the City(see Task 3 above). We will develop up to three(3)renderings of the proposed flood mitigation system between the 60 and 90%designs. This task will also include the development of a long term operation and maintenance plan for the flood mitigation project, outlining maintenance activities and schedule based on the final design. Assumptions: MCES and/or City staff(or others)will provide construction plans and specifications in relation to the cul-du-sac/road design, utility modifications and develop the erosion and sediment control plan;We will utilize standard specifications used by the City of Golden Valley(as applicable);Liberty Crossing developer will provide construction plans and specifications for subsurface water quality treatment and flood storage system(StormTrap) Deliverables: 60%design plan set,90%design plan set,final construction plan set and technical specifications documents,three(3)site renderings(60 to 90%design),One(1) operation and maintenance plan Mr.Jeff Oliver,PE City Engineer December 8,2015 Page 6 Task 7: Design Review Meetings with City Staff Task 7 includes up to four(4)design review meetings with City of Golden Valley staff(and others)at Golden Valley City Hall. We have assumed that two(2)of the four meetings will include review and comment on the 60%and 90%design plans and that two additional meetings will be needed during the design process. Assumptions: Meetings with City staff will be held at Golden Valley City Hall Deliverables: Four(4)design review meetings Task 8: Bidding,Construction Assistance,&Environmental Assistance&Reporting In Task 8,we will develop the bid documents, prepare the advertisement for bid and attend a pre-bid meeting. However,we have assumed that City staff will lead the bid opening and will compile and review the submitted bids. We have assumed that we will be using the standard City of Golden Valley front end documents(to be provided by the City). As part of Task 8,we have assumed there will be up to three(3)bidding coordination meetings with City staff along with one(1)pre-bid meeting. We have assumed these meetings will be held at Golden Valley City Hall. City staff will be leading the bid opening (assumes Barr will not attend).However,we have assumed that we will be available to answer questions during the bid review period. Based on discussion with City staff,the preference is to have one full time staff onsite during the project construction;however, City staff indicated that they will be arranging the full time staff and Barr will not be providing a full time staff in this scope. Additionally,we have assumed that the City staff(or others) will perform the main construction management activities including day-to-day interaction with the contractor,managing pay requests,and change orders. Barr will occasionally perform construction observations at key points in the construction of the flood mitigation system(estimated to be 5 hours per week for 3 months).Additionally,we have included time to provide general construction assistance which includes construction engineering,requests for information,and other tasks that come up during construction. Initial investigations indicate that although contamination may be limited within the flood mitigation area on the project site,much of the site is filled and includes debris that may require special disposal and environmental oversight. We have assumed that there will be two(2)onsite meetings related to environmental issues and that Barr will provide one environmental staff person onsite full-time during the excavation(estimated to be 4 weeks)to determine disposal requirements for the excavated material, determine if laboratory analyses are required. Our environmental assistance estimate is only for work within the flood mitigation project area including the surface and subsurface flood storage as well as excavation along Rhode Island Avenue between the proposed cul-du-sacs. Any additional environmental work on the Liberty Crossing development site is the developers responsibility. Our estimate also includes the analytical costs assuming onsite soil sampling(16 samples),disposal characterization samples(1 sample),and backfill sampling (2 samples)based on the quantities estimated in the RAP. In addition to the construction oversight and environmental assistance,this task will include Mr.Jeff Oliver,PE Gty Engineer December 8,2015 Page 7 the associated data management and development of the required RAP implementation reporting and documentation. Assumptions: City will provide front end bid documents;Bid coordination and pre-bid meetings will be held at Golden Valley City Hall;Barr will not attend bid opening or compile and review bids. City will provide one(1)full time staff onsite during construction with select Barr construction observation visits;Barr will include one(1)full time staff for environmental oversight during excavation(1 month for environmental/excavation oversight). Potential Hennepin County Grant funding will not cover the environmental assistance costs. Deliverables: Complete bid package and advertisement,Three(3)bid coordination meetings, One(1)pre-bid meeting,Two(2)onsite environmental meetings,One(1) RAP implementation report Task 9: Public Meeting In an effort to keep open lines of communications with the residents around DeCola Ponds,Task 9 includes preparing for and attending one(1)public outreach meeting about the flood mitigation design at the Liberty Crossing site and the impacts on the regional flooding around Medicine Lake Road and DeCola Ponds. The goal will be to hold the meeting between the 60 and 90%design. Assumptions: Meeting will be held at Golden Valley City Hall Deliverables: One(1)public meeting with residents Task 10: Development of Agreements Development of the various agreements(HRA development agreements,City agreements, and Maintenance agreements)will primarily be developed and coordinated by City of Golden Valley staff. However Task 10 includes time for assisting City staff in agreement development by providing any necessary information,such as maintenance data,etc. Assumptions: City will be the lead in developing and coordinating any required agreements Deliverables: Data required for the development of the various agreements. Estimated Cost and Schedule The table below describes the estimated costs associated with the tasks as described above in the scope of services. Assumptions associated with these costs are included in the above text.The table below also includes the estimated schedule for the services,and is based on a December 20,2015 start date. If the start date is later than stated,the schedule will shift accordingly. Mr.Jeff Oliver,PE City Engineer December 8,2015 Page 8 Task Description Estimated Amount Estimated Work Hours Period 1 Utility Locate and Topographic Survey 48 $17,800 December 2015 2 Wetland delineations,Threatened and 145 $14,700 October 2015—June Endangered Species Review,Cultural Resource 2016 Review,and Permitting 3 Coordination Meetings with the Liberty Crossing 48 $6,600 December 2015- Developer March2016 4 Utility Relocation Coordination 124 $16,500 December 2015— April 2016 5 Hydrologic and Hydraulic Modeling 100 $10,500 January 2015-April 2016 6 Development of Final Construction Plans and 895 $99,900 January 2015 - April Specs 2016 7 Design Review Meetings with City Staff 72 $10,000 January 2015 -April 2016 8a Bidding 65 $8,600 May 2016 Sb Construction Assistance and Environmental 724 $80,400 July 2016- Construction Assistance November 2016 9 Public Meeting 20 $2,900 March 2016 10 Development of Agreements 32 $4,000 Spring/Summer 2016 Project Total 2273 $271,900 1096 Contingency $27,200 Project Total with Contingency $299,100 1-10%contingency included based on discussion with City staff. Use of contingency will only be allowed based on authorization by City staff. This Agreement will be effective for the duration of the services, unless earlier terminated by either the City or us. We will commence work upon receipt of a copy of this letter signed by your authorized City representative.We will inform you of our progress through periodic e-mail updates,telephone calls, invoice details, and other communications, For the services provided,you will pay us according to the attached Standard Terms. We will bill the city monthly. The total project cost including the 10 percent contingency is$299,100. We understand you or your designees have the authority to direct us. We will direct communications to you at the City of Golden Valley, 7800 Golden Valley Road. Direction should be provided to Jennifer Koehler at Barr Engineering Co.4700 West 77th Street, Minneapolis, MN 55435. During the term of this Agreement,we will maintain the following insurance coverages: Worker Compensation Statutory Employer Liability $500k per claim/$500k aggregate Mr.Jeff Oliver,PE City Engineer December 8,2015 Page 9 Commercial General Liability$1M per claim/$2M aggregate, combined single limit Automobile$1M combined single limit Umbrella/excess policy as to above coverages $10M aggregate Professional Liability(claims-made) $5M per claim/$5M annual aggregate If this Agreement is satisfactory,please sign the enclosed copy of this letter in the space provided,and return it to us. Sincerely yours, Barr Engineering Co. it 4 �)„.. ,/A ByL „ Kurt Leuthold f Its Vice President Accepted this day of , 2015 City of Golden Valley By Tim Cruikshank Its City Manager Attachments: Standard Terms—Professional Services Fee Schedule BARR Fee Schedule-2015 Rev.01/01/15 Rate* Description (U.S. dollars) Principal $145-295 Consultant/Advisor $155-250 Engineer/Scientist/Specialist III $125-150 Engineer/Scientist/Specialist II $95-120 Engineer/Scientist/Specialist I $65-90 Technician III $125-150 Technician II $95-120 Technician I $50-90 Support Personnel II $95-150 Support Personnel I $50-90 Rates for litigation support services will include a 30%surcharge. A ten percent(10%)markup will be added to subcontracts for professional support and construction services to cover overhead and insurance surcharge expenses. Invoices are payable within 30 days of the date of the invoice. Any amount not paid within 30 days shall bear interest from the date 10 days after the date of the invoice at a rate equal to the lesser of 18 percent per annum or the highest rate allowed by applicable law. Reimbursable expenses including, but not limited to, the actual and reasonable costs of transportation, meals, lodging, parking costs, postage, and shipping charges will be billed at actual cost. Materials and supplies charges, printing charges, and equipment rental charges will be billed in accordance with Barr's standard rate schedules. Mileage will be billed at the IRS-allowable rate. Principal category includes consultants,advisors, engineers,scientists, and specialists who are officers of the company. Consultant/Advisor category includes experienced personnel in a variety of fields.These professionals typically have advanced background in their areas of practice and include engineers, engineering specialists,scientists, related technical professionals, and professionals in complementary service areas such as communications and public affairs. Engineer/Scientist/Specialist categories include registered professionals and professionals in training(e.g. engineers,geologists, and landscape architects), and graduates of engineering and science degree programs. Technician category includes CADD operators, construction observers,cost estimators,data management technicians,designers, drafters,engineering technicians, interns,safety technicians, surveyors, and water, air, and waste samplers. Support Personnel category includes information management, project accounting, report production,word processing,and other project support personnel. *Rates do not include sales tax on services that may be required in some jurisdictions. BARR SIE STANDARD TERMS-PROFESSIONAL SERVICES Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms — Professional Services. Section 1: Our Responsibilities water. If you are requesting that we provide services that 1.1 We will provide the professional services ("Services") include this risk, you agree to hold us harmless from described in this Agreement. We will use that degree of such contaminationeoclaims,ndamages, and expenses, r including reasonable attorneys' fees, unless the loss is care and skill ordinarily exercised under similar caused by our negligence. circumstances by reputable members of our profession practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are 1.2 We will select the means, methods, techniques, required by law or legal process to make such sequences, or procedures used in disclosures, you agree to hold us harmless and qp providing our indemnify us from related claims and costs, including Services. If you direct us to deviate from our selections, reasonable attorneys'fees. you agree to hold us harmless from claims, damages, and expenses arising out of your direction. Section 3: Reports and Records 1.3 We will acquire all licenses applicable to our Services 3.1 We will retain analytical data relating to the Services for and we will comply with applicable law. seven years and financial data for three years. 1.4 Our duties do not include supervising your contractors or 3.2 Monitoring wells are your property and you are commenting on,supervising,or providing the means and responsible for their permitting, maintenance and methods of their work unless we accept any such duty in abandonment unless we accept that duty in writing. writing. We will not be responsible for the failure of your Samples remaining after tests are conducted and field contractors to perform in accordance with their and laboratory equipment that cannot be adequately undertakings. cleansed of contaminants are your property.They will be discarded or returned to you, at our discretion, unless 1.5 We will provide a health and safety program for our within 15 days of the report date you give written employees, but we will not be responsible for contractor, direction to store or transfer the materials at your job, or site health or safety unless we accept that duty in expense. writing. 1.6 Estimates of our fees or other project costs will be based 3.3 Our reports, notes, calculations, and other documents, on information available to us and on our experience and and our computer software and data are instruments of knowledge. Such estimates are an exercise of our our Services, and they remain our property, subject to a license to you for your use in the related project for the professional judgment and are not guaranteed or purposes disclosed to us. You may not use or transfer warranted. Actual costs may vary. You should add a our reports to others for a purpose for which they were contingency. not prepared without our written approval. You agree to 1.7 The information you provide to us will be maintained in indemnify and hold us harmless from claims, damages, confidence except as required by law. and expenses, including reasonable attorneys' fees, arising out of any unauthorized transfer or use. Section 2: Your Responsibilities 3.4 Because electronic documents may be modified 2.1 You will provide access to property as required. intentionally or inadvertently, you agree that we will not 2.2 You will provide us with prior reports, specifications, be liable for damages resulting from change in an plans, changes in plans, and information about the electronic document occurring after we transmit it to you. project which may affect the delivery of our Services. In case of any difference or ambiguity between an You will hold us harmless from claims, damages, and electronic and a paper document, the paper document related expenses, including reasonable attorneys' fees, shall govern. When accepting document transfer in involving information not timely called to our attention or electronic media format, you accept exclusive risk not correctly shown on documents you furnished to us. relating to long-term capability, usability, or readability of 2.3 You agree toprovide us with emergency procedure documents, software application packages, operating 9 9 y systems,and computer hardware. information and information on contamination and dangerous or hazardous substances or processes we 3.5 If you do not pay for the Services in full as agreed, we may encounter in performing the Services. may retain reports and work not yet delivered to you and you agree to return to us our reports and other work in 2.4 You agree to hold us harmless as to any claim that we your possession or under your control. You agree not to are an owner, operator, generator, transporter, treater, use or rely upon our work for any purpose until it is paid storer, or a disposal facility within the meaning of any for in full. law governing the handling, treatment, storage, or disposal of dangerous or hazardous materials. Section 4: Compensation 2.5 Site remediation services may involve risk of 4.1 You will pay for the Services as agreed upon or contamination of previously uncontaminated air, soil, or according to our then current fee schedules if there is no other written agreement as to price.An estimated cost is Ver.07-01-15 not a firm figure unless stated as such and you should increased fee is not the purchase of insurance. allow for a contingency in addition to estimated costs. 5.5 If you fail to pay us within 60 days following invoice date, 4.2 You agree to notify us of billing disputes within 15 days we may consider the default a total breach of our and to pay undisputed portions of invoices within 30 Agreement and, at our option, we may terminate all of days of invoice date. For balances not paid under these our duties without liability to you or to others. terms, you agree to pay interest on unpaid balances beginning 10 days after invoice date at the rate of 1.5% 5.6 If we are involved in legal action to collect our per month, but not to exceed the maximum rate allowed compensation, you agree to pay our collection by law. expenses, including reasonable attorneys'fees. 4.3 If you direct us to invoice another, we will do so, but you 5.7 The law of the state in which the project site is located agree to be responsible for our compensation unless you will govern all disputes. Each of us waives trial by jury. provide us with that person's written acceptance of the No employee acting within the scope of employment terms of our Agreement and we agree to extend credit to shall have any individual liability for his or her acts or that person. omissions and you agree not to make any claim against individual employees. 4.4 You agree to compensate us in accordance with our fee Section 6: Indemnification schedule if we are asked or required to respond to legal process arising out of a proceeding to which we are not 6.1 Each of us will indemnify and hold harmless the other a party. from and against demands, damages, and expenses to 4.5 If we are delayed by factors beyond our control, or if the the comparative extent they are caused by the negligent project conditions or the scope of work change, or if the acts, omissions, or breach of contract of the standards change, we will receive an equitable indemnifying party or of those others for whom the adjustment of our compensation. indemnifying party is legally responsible. 4.6 In consideration of our providing insurance to cover 6.2 To the extent that may be necessary to indemnify either claims made by you, you hereby waive any right of offset of us under Section 6.1, you and we expressly waive, in as to payment otherwise due us. favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 5: Disputes,Damage,and Risk Allocation Section 7: Miscellaneous Provisions 5.1 Each of us will exercise good faith efforts to resolve 7.1 We will provide a certificate of insurance to you upon disputes without litigation. Such efforts will include a request. Any claim as an Additional Insured shall be meeting attended by each party's representative empowered to resolve the dispute. Disputes (except limited to losses caused by our sole negligence. collections)will be submitted to mediation as a condition 7.2 This Agreement is our entire agreement, and it precedent to litigation. supersedes prior agreements. Only a writing signed by 5.2 We will not be liable for special, incidental, both of us making specific reference to the provision consequential, or punitive damages, including but not modified may modify it. limited to those arising from delay, loss of use, loss of 7.3 Neither of us will assign this Agreement without the profits or revenue, loss of financing commitments or written approval of the other. No other person has any fees, or the cost of capital. Each of us waives against rights under this Agreement. the other and its subcontractors, agents, and employees all rights to recover for losses covered by our respective 7.4 A writing may terminate this Agreement. We will receive property/casualty or auto insurance policies. an equitable adjustment of our compensation if our work is terminated prior to completion as well as our fees and 5.3 We will not be liable for damages unless you have expenses on the basis agreed upon through the effective notified us of your claim within 30 days of the date of date of termination. your discovery of it and unless you have given us an opportunity to investigate and to recommend ways of 7.5 We will not discriminate against any employee or mitigating damages, and unless suit is commenced applicant for employment because of race, color, creed, within two years of the earlier of the date of injury or loss national origin, sex, religion, age, genetic information, and the date of completion of the Services. marital status,sexual orientation, gender identity,familial status, disability, status with regard to public assistance, 5.4 For you to obtain the benefit of a fee which includes a membership or activity in a local human-rights reasonable allowance for risks, you agree that our commission, or status as a protected veteran. We will aggregate liability will not exceed the fee paid for our take affirmative action to ensure that applicants are services or$50,000,whichever is greater, and you agree considered, and employees are treated during their to indemnify us from all liability to others in excess of employment, without regard to those factors. Our actions that amount. If you are unwilling to accept this allocation will include, but are not limited to notifications, hiring, of risk, we will increase our aggregate liability to promotion or employment upgrading, demotion, transfer, $100,000 provided that,within 10 days of the date of our recruitment or recruitment advertising, layoffs or Agreement, you provide payment in an amount that will terminations, rates of pay and other forms of increase our fees by 10%, but not less than $500, to compensation, and selection for training or compensate us for the greater risk undertaken. This apprenticeship. End of Standard Terms Ver.07-01-15 i • SEH Building a Better World for All of Us® December 7, 2015 • RE: City of Golden Valley,Minnesota Liberty Crossing Road and Utility Design and Construction Services Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427-4588 Dear Jeff: Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering services for the Liberty Crossing apartment and townhome development site.The City is requesting a scope of work that includes preparation of bidding documents that will be prepared and bid jointly in cooperation with the flood mitigation project being designed by Barr Engineering. SEH will provide construction services for the roadway and utility portion of the work we are designing and also provide construction services for the public utility improvements being completed by the • developer.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 first phase of critical flood mitigation components for the overall neighborhood near the Liberty • Crossing development site is planned for construction this summer.The Liberty Crossing development including public sewer and water utility work,underground surface water treatment systems,additional utility connection work in Winnetka and reconstruction of adjacent Rhode Island Avenue will also be included.The project is located south of Medicine Lake Road and east of Winnetka Avenue.These improvements were identified in a study conducted by Barr Engineering in 2012. • Understanding • Generally,the proposed improvements to be designed by SEH include reconstruction of the public street and utility components that reside within the existing Rhode Island right of way.A portion of Rhode Island Avenue and the utilities that reside underneath are being lowered to accommodate storage and conveyance for the flood mitigation project.The roadway work includes reconstruction of the south and north portion of Rhode Island Avenue that borders the development site to narrow the road and construct culdesacs on each end.In addition,SEH will be providing final design of water main and MCES force main and MCES sanitary sewer gravity main that need to be relocated in between the north and south culdesacs.The design work will also include drainage reconstruction as needed to pipe and structures in Rhode Island Avenue and potential sanitary.sewer repairs. The City will conduct the condition assessments of the storm and sewer utilities for SEH to include • in the plan as needed. SEH will also be completing the temporary erosion control plan, SWPPP and Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,3535 Vadnais Center Drive,St.Paul,MN 55110-5196 SEH fs 100%employee-owned I sehlnc.com I 651.490.2000 I 800.325.2055 I 888.908.8166 fax Mr. Jeff Oliver—2015 PMP Design and Construction Services December 7,2015 Page 2 permit submittal to the watershed for the entire City project. The design of the flood storage area, flood conveyance and bituminous trail will be completed by Barr Engineering.Barr will be providing the final ground profile over.the relocated utilities. SEH and Barr Engineering will work together to prepare the bidding documents. • SEH will provide construction services for the street and utility changes and also for the sanitary sewer and water mains constructed within the development site that will become City owned.Barr Engineering will be providing construction services for the flood mitigation portion of the project. The City will be providing overall construction administration on this project. Scope of Work Base Mapping and Plan Coordination The survey work will be completed by Egan Field and Nowak under Barr Engineering direction and shared with SEH for our plan development. SEH will coordinate the base mapping file transfer,plan format and content with Barr Engineering to obtain one plan set for the City of Golden Valley. Geotechnical SEH has been asked to coordinate a subsurface investigation with 3 borings proposed along the Rhode Island right of way. SEH will hire a drilling sub consultant and provide review and recommendations for pavement, sub-grade and utility bedding by our in-house geotechnical staff. Meetings Utility Coordination—SEH will participate in two private utility relocation meetings.The first meeting is expected to occur at the beginning of design and the second once plans are complete. We will also plan to meet two times with MCES regarding relocation of their utilities and coordinate review of design documents as the project progresses.Another two meetings have been included in our proposal for coordination work of utilities with the developer and the City. Design Review Meetings-We anticipate four design coordination meetings with Barr Engineering and City staff and 2 other design coordination meetings with the developers engineers.Where ever it makes sense,we will strive to combine dates and times to provide the most meeting efficiency as possible. • Dover Apartment Meetings. —We have included time for two individual meetings with the adjacent Dover Apartment representatives to discuss the area changes and their needs with follow up as required. • Bidding Documents SEH will develop the final plans for the street reconstruction work on Rhode Island and the utility relocations within the Rhode Island right of way.In addition,we have included time to develop concepts and prepare additional parking for the Dover apartments,anticipating a need to replace those parking places lost by the reconstruction of Rhode Island. SEH will coordinate the base mapping needs,plan content and layout with Barr Engineering. The SWPPP and temporary erosion control plans will be completed by SEH for the entire City project,including the flood mitigation grading and trail plans being created by Barr Engineering.The plans will be finalized according to City standards and submitted to the City staff for review and approval. • Mr. Jeff Oliver—2015 PMP Design and Construction Services December 7,2015 Page 3 Specifications and cost estimates will be developed. We expect to develop only the technical specifications necessary for the items included in the SEH design plan sheets,with Barr Engineering providing coordination of the other project manual sections.The cost estimate items will also be coordinated with Barr Engineering so they can be combined to represent the entire City project. SEH will be available to answer design related questions during bidding. The bid tabulation, recommendation for award and Contracts documents are expected to be prepared by Barr Engineering. Permits The Basset Creek watershed permit and plan approval will be completed by SEH for the entire SEH Barr plan set. SEH will also be responsible for the Department of Health and MCES permits as they relate to the utility lowering in the Rhode Island right of way. Construction Staking We understand that the construction staking will be provided by SEH for the combined project.All survey coordination for construction staking and observation will be between the RPR and the City. Resident Project Representative(RPR) The on-site representative for Resident Project Representative(RPR)is the Engineer's agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor,working principally through the contractor's superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule,shop drawings,and required submittals,Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files,for correspondence,meeting reports,field orders,and supplemental agreements. They will keep a daily diary or log book. Records pertaining to quantities and applications for payment will be the responsibility of the RPR. The RPR will also keep information pertaining to record plans and will schedule the survey crew based on the staking requests from the contractor's representative. Observation SEH will provide observation services including attendance of the pre-construction meeting and shop drawing review on drainage structures for the project area.A budget has been included for minor technical support if needed for geotechnical and minor issues that may arise.Time has also been built in to assist with project closeout activities. The majority of other project administration tasks such as pay requests, change order and routine requests for information are expected to be completed by the City with assistance by SEH's RPR and/in cooperation with others. Record Plans The record plan survey will be conducted by SEH. The City will complete the record drawings. Project Team Sue Mason will be the Project Manager and will coordinate the final design and other technical production work. Tim Wegwerth will be the project engineer and will be assisting in completion of the plans. Sue Mason and Tim Wegwerth will attend the project meetings. Mr. Jeff Oliver—2015 PMP Design and Construction Services December 7,2015 Page 4 In regards to the construction services, Sue Mason will be available to answer design related questions and provide coordination as required between City staff and Barr Engineering. Tim Wegwerth will be available to review design issues in the field and will attend the weekly project construction meetings as necessary. Troy Anderson will serve as Resident Project Representative (RPR) and will assist the City with field representation. Nick Domiano will be the lead Survey Crew Chief assigned. Schedule We anticipate the project to begin December 20th and plan production work to take place within the months of December through April.For construction in June,the project needs to be advertised in April and May for a mid May bid opening. We have assumed construction will take place June through August 2016 requiring full time inspection. Compensation SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions,mileage,car allowance,and equipment.Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated the services described above to cost a total of$. The person/hour task budgets for each phase of the work are attached. The summary of engineering services is as follow: Bidding Documents $75,960 Construction Services $ 86,280 Total Fee $162,240 The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. The person/hour task budgets for each phase of the work are attached. This agreement is an 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. Thank you for the'opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. rk704,07„.._ • Susan M.Mason,PE Principal amc Enclosures e:lfjNegoldvkommonlproposals\2015(construction aervicea)const service 2015 pmp.docx Mr.Jeff Oliver—2015 PMP Design and Construction Services December 7,2015 Page 5 Approved this day of , 2015 City of Golden Valley, Minnesota By: Title: city of -�a golden11MEMORANDUM ��. e� Ph Department Physical Development De 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 60 day deadline: December 21, 2015 Agenda Item 4. A. Public Hearing- Approval of Conditional Use Permit 141 - 5401 & 5403 Minnaqua Drive - Rakhma, Inc., Applicant Prepared By Emily Goellner, Associate Planner/Grant Writer Summary Rakhma, Inc. has applied for a Conditional Use Permit (CUP) allowing a 24-hour residential facility to locate in an existing duplex at 5401 & 5403 Minnaqua Drive. It is located in a Single-Family (R- 1) Residential Zoning District. Residential Facilities that provide 24-hour care are permitted in the R-1 Zoning District when serving 6 or fewer persons. If the Facility serves between 7 and 25 persons, the Facility requires a Conditional Use Permit (CUP). The applicant's proposal meets all other zoning requirements. The applicant, Rakhma, Inc., is licensed by the Minnesota Department of Health and the Department of Human Services to specialize in 24-hour care for those affected by memory loss. The applicant operates several similar facilities in residential neighborhoods throughout the Twin Cities metropolitan area. The applicant has provided letters of support from various individuals associated with existing facilities (see attached). A neighborhood meeting was hosted by the applicant on November 16. There were five nearby residents in attendance. The discussion focused on what nearby residents can expect to see on a typical day at the facility. Traffic flow and parking demand were highlighted in the discussion and the attendees were generally in favor of the proposal. At the Planning Commission meeting on November 23, 2015, the Commission recommended approval of the proposal. Specifically, the Commission felt the proposed use was in compliance with the ten factors in the City Code that determine the eligibility of a conditional use, subject to the following conditions: 1. The plans prepared by Rehder & Associates, Inc and Carl J. Gramentz, received on October 22, 2015, shall become a part of this approval. 2. The facility may serve up to 12 persons and must maintain appropriate licensure from the State of Minnesota. 3. The applicant shall establish a Visitor and Employee Parking Policy that promotes the organized use of the driveway and attached garages to the largest extent possible in order to mitigate congestion on nearby streets. 4. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. The applicant shall encourage all delivery vehicles to park in the driveway of the property. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments • Location Map (1 page) • Applicant's Narrative (3 pages) • Memo to the Planning Commission, dated November 23, 2015 (3 pages) • Memo from the Fire Department dated November 16, 2015 (1 page) • Unapproved Planning Commission Minutes dated November 23, 2015 (4 pages) • Email from Susan Eckstrom regarding parking policies, received on October 27, 2015 (1 page) • Letters of Support (5 pages) • Site Plan prepared by Rehder & Associates, Inc., received on October 22, 2015 (1 page) • Interior Floor Plans prepared by Carl J. Gramentz, received on October 22, 2015 (2 pages) • Ordinance #586, Approval of Conditional Use Permit Number 142, 5401-5403 Minnaqua Drive, Rakhma, Inc., Applicant (2 pages) Recommended Action Motion to adopt Ordinance #586, Approval of Conditional Use Permit No. 141, 5401 & 5403 Minnaqua Drive - Rakhma, Inc., Applicant. 2365 _J I to > 1 2405 2\ I390 2390 r—r,tEn R io .' - . 2465 360 _' ^^yam �24i71 ''5250 +2'448 I :CR!. .$!.. 2365 \--2 't ffll \ 2345 ^^ 2525022442 2448 . 2445 7] I ( 124402 444 2360 23 2383 95 m 2375 81 24224357 2436 2438 2345 2431_ 2433 �- a 2330 2325 2379 2377 24275 r-'r-1 : aIiii '� - / 2330 I 71 214720-042 �,,,-2-43'013;2434 2325 Z "'•65 I •y�:�Z 23232353 I2415r1119 2424724162422 "yyrd 2405 • 2300 2305 2361 y 1 �a 12418 I .- �i`c_ 40. 2 305 c 2300 23`^. .-9 24172``40�5 2412 21414 ` _ylv �- C,` >: 2407^ 2401 cI 23 i..-,'39 LA i I k'; J 22G0 2260 23'• 2331 -2408 :::-,�_:.iR,,:•u�4e_, 2255 a 2400.404 I 1410 ''-' 'tet d 2329 2327 2 402 ( 24062 2' 1 I r( --230 ` 2225 y� 2230 \I i 51 (-----..4-2i3 — ' 2300 ^... _ :,, l 5110 �� �""' 5126 5120 12205 .#74 5130 i 5660 5630 2205 2311 (t 12 �U , 200 5670 5^^ J r 230507 231232.12Q I 2309 2301 2308 2302 5218 ,.„..-,1‘ oc 2303 14,`1‘° _...--------\,Dr /5725 1 Westbrook Rd �! 5101 5705 5675 5645 5625 5605 5555 Z 2220 '` 2209 5129 3 54035401 2210 Z w 2 :Fa, 2205 2200 crs, rr • 2201 2120 2. i 1 2165 2160 2121 Subject Property: 2 2145 2140 `'` 5401-5403 Minnaqua Dr. Z 2115 2750 _ c �\, 1 2 2055 c 2125 2120 2107 • •o 5 t _ 2110' Z 2105 - 2100 2107 ? 2149 z.............: bO 2104 2745 , ro)) 2045 2040 2011 p A �` 2100 y 202' N 2141 �='�. 2005 2030 2030 2027 2018 2001 2011 1 2025 2016 v- 2000 Vn Jae l� i L To: Planning Commission and Members of the City Council Meeting Date: December 15, 2015 Subject: Request for Conditional Use Permit for a residential group home for individuals affected by Alzheimer's and other related dementias Applicants: Rakhma, Inc./Susan L. Eckstrom, Executive Director Location: 5403/01 Minnaqua Drive, Golden Valley, MN 55422 Proposed Conditional Use: Rakhma, Inc. is requesting approval for a residential-based care facility at 5403/01 Minnaqua Drive to provide 24/7 care and supervision of individuals affected by Alzheimer's and/or other related dementias. Up to twelve(12) residents would be housed in the twin home(5-6 on each side). What we do: Our residential care model is a social model (vs. medical model)and is optimal in promoting a normal life experience for residents, reducing resident stress, and increasing care quality. We have waiting lists at all of our existing home locations. Many of our present residents and employees have come to us from our existing neighborhood locations. Rakhma provides a high staff-resident ratio. We have 2 caregivers per shift and two home managers who work four 10-hour days. Our shift structure is as follows: 6:30am-3:OOpm (AM shift) 2:30pm-11:OOpm (PM shift) 10:30pm-7:OOam (NOC shift) This means 2-3 staff will always be at the house and a shift change will take place three times daily. There is ample room in the two garage stalls to accommodate three cars.The blacktop driveway can accommodate six additional cars as needed with three parallel spots on one side of the driveway, and three end-to-end spots located on the opposite side of the driveway.These nine parking spaces will more than accommodate 3 daily staff and up to 2-3 additional staff/family visits on any particular day. Administrative staff schedules at the house are as follows:the Nurse RN visits once a week.The program manager arrives with a 14-passenger bus,twice weekly,to take residents on social outings into the community—the bus does not stay at the residence beyond pick-up/drop-off times. Family members will visit off and on, but generally,only one family is present at a time and 3-4 visits per week would be a good average. During an emergency,staff will call 911 to transport someone to a hospital—this may happen a few times a year. Additionally,the following services would make routine trips to the home for short deliveries of products and/or services: linen services(weekly), Doctor/Podiatrist(quarterly), Second Harvest(quarterly)and pest control (quarterly). Rakhma staff will enter/exit the house through the left garage.Visitors to the home (vendors/families) will enter/exit the house through the front door of 5401 Minnaqua Drive. Residents will enter/exit the house via the wheel chair ramp or the front door depending on ambulation ability. The home has no visible neighbors to the north due to dense tree/foliage cover.The west side of the house faces Hwy. 100 noise barrier wall with no visible neighbors.The south side of the home faces an easement property owned by the city and beyond that parcel of land there are several apartment buildings.The east side of the home has one visible neighbor across the street. Experience: Rakhma Inc. has successfully met the needs of people with memory loss for more than 30 years.The need for our services will increase exponentially in the years ahead.We operate similar homes in Minneapolis,St. Paul and Minnetonka. All homes are in residential neighborhood settings and we have good rapport and relationships with our neighbors. We strive to be a good and respectful neighbor and to keep our homes and lawns well serviced and maintained year long. Staff are informed of our parking and smoking policies (smoking only allowed outside and in the back of our homes). We take pride in our homes and in our neighborly relationships. We are a quiet, respectful,clean,and orderly organization. Press: Our innovative care model was featured on the front page of the Star Tribune(1/8/89). We garnered national attention on Dateline NBC nightly news(2007)and were recently highlighted on TPTAlmanac show(01/2014). We have a book entitled The Rakhma Story which chronicles our history and model. Licensing: We are licensed by the Minnesota Department of Health with a Comprehensive License.We are also licensed by the Department of Health and Human Services with Corporate Adult Foster Care license,and we have Housing with Services registrations for all our homes. Our licenses allow us to provide 24/7 medical care and supervision, housekeeping, laundry, meals and errands.The Nurse RN is on-call 24/7 and care staff are scheduled to work around the clock. Employment: Presently we employ approximately 80 people. A fourth home will provide additional employment opportunities. Many employees come from our neighborhood communities. Exterior/Interior Changes: The home at 5403/01 is well designed to meet the needs of Rakhma residents for many reasons. The location compliments our existing locations and allows us access into a new community.The layout of the home features all of the bedrooms on one(first)floor and provides sufficient space in other common areas.The building structure is situated on a parcel that offers ample exterior space for the residents to enjoy the outdoors with supervision. Parking does not constitute a problem as the home has a three-car garage and large blacktop driveway to accommodate 3-4 cars in the garage/driveway. Interior alterations would be limited to whatever is required to meet health and safety codes as determined by the city,and two openings of an interior shared walls to allow residents and staff to pass through both sides of the home. One opening would be in the living room to open and enlarge the space for residents.The second opening would be in the kitchen space at the top of the stairwell to allow staff to pass through during meal prep and service. One kitchen would remain as a functioning kitchen with a medication closet and the other kitchen would serve as a dining room area.Additionally, both 1st floor bathrooms would be remodeled with ADA/roll-in showers instead of bathtubs.There would be cosmetic changes throughout the both sides of the home to include: new flooring,fresh paint and professional cleaning throughout the home. The exterior of the home would remain largely unchanged except for two modifications. One medication is the addition of a deck off the back of the house that also will provide a wheelchair ramp that culminates near the driveway.The second medication to the exterior is a fence that would secure the deck/patio area and a proposed small patio area in the far back side of the house where residents could also sit near trees and grass. Rakhma Vision To be a leading memory care provider distinguished by an innovative spirit and premier care. Rakhma Mission We are dedicated to preserving the dignity of individuals living with memory loss by providing loving,compassionate care in a familiar home setting. Website: Cdb Facebook.com/Rakhma.homes city of golden MEMORANDUM Physical Development Valley Department P 763-593-8095/763-593-8109(fax) Date: November 23, 2015 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing—Conditional Use Permit (CUP-141)to Allow for a Residential Facility serving up to 12 persons at 5401 and 5403 Minnaqua Drive— Rakhma, Inc., Applicant Background Rakhma, Inc. is proposing to locate a 24-hour residential facility for up to 12 individuals affected by Alzheimer's and other related dementias in an existing duplex at 5401 and 5403 Minnaqua Drive. The property is located in an R-1 Single-Family Residential Zoning District. It is bounded to the west by Highway 100, to the east by single-family homes and duplexes,to the north by the Briarwood condominiums, and to the south by single-family homes. Residential Facilities that provide 24-hour care are permitted in the R-1 Zoning District when serving 6 or fewer persons. If the Facility serves between 7 and 25 persons, the Facility requires a Conditional Use Permit (CUP). Facilities serving more than 25 persons also require a CUP, but must locate only in the R-3 or R-4 Multi-Family Residential Zoning Districts. Since the duplex was built on the property, the Zoning regulations have changed. Duplexes are no longer permitted in the R-1 Zoning District, so the building is considered a non-conforming use (also called a grandfathered use). Summary of Proposal The applicant, Rakhma, Inc., is licensed by the Minnesota Department of Health and the Department of Human Services to specialize in 24-hour care for those affected by memory loss. The applicant operates several similar facilities in residential neighborhoods throughout the Twin Cities metropolitan area. The applicant has provided letters of support from various individuals associated with existing facilities (see attached). The applicant is proposing to potentially build a deck, ramp, and walkway on the south side of the home. A patio area may also be built on the west side of the home. The patio area would be surrounded by a new fence to ensure the safety of the residents. Permits will be necessary for this work. Permits will also be necessary for work completed on the interior of the building. Planned interior alterations include the remodeling of bathrooms to ensure ADA compliance, painting walls, new flooring, and any other alterations required by Minnesota State Building and Fire Codes. A building permit must be obtained prior to occupancy of the building. The application states that the facility will be staffed by 2-3 employees at all times. Routine deliveries will be made to the property, which are outlined in detail in the attached email from Rakhma Inc.'s Executive Director, Susan Eckstrom. The email from Susan Eckstrom to Planning staff also summarizes the standard parking policies enforced by Rakhma, Inc. Facility staff will be assigned parking spaces in the garage or driveway and all vendors and visitors will be instructed to park in the driveway when it is available. The minimum parking requirement for this property is 3 parking spaces. There is 1 parking space required for every 5 beds in the facility. There are 3 existing garage parking spaces and the applicant is proposing to include 3 striped off-street parking spaces in the driveway. The driveway can also provide approximately 3 additional parking if cars are parked in tandem. A neighborhood meeting was hosted by the applicant on November 16. There were five nearby residents in attendance. The discussion focused on what nearby residents can expect to see on a typical day at the facility. Traffic flow and parking demand were highlighted in the discussion. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use:The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. Consistency with the Comprehensive Plan: The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values:There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density:The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Increase in Noise Levels: This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 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:The exterior of the building will remain largely unchanged with the exception of a potential deck, ramp, and walkway on the south side of the building. This addition, if built, would have minimal visual impact and would be consistent with other properties in the area. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are affected by Alzheimer's and other dementias and will receive 24- hour care. Recommended Action Staff recommends approval of Conditional Use Permit 141 allowing for a Residential Facility serving up to 12 persons at 5401 and 5403 Minnaqua Drive. The approval of a Conditional Use Permit is subject to the following conditions: 1. The plans prepared by Rehder & Associates, Inc and Carl J. Gramentz, received on October 22, 2015, shall become a part of this approval. 2. The facility may serve up to 12 persons and must maintain appropriate licensure from the State of Minnesota. 3. The applicant shall establish a Visitor and Employee Parking Policy that promotes the organized use of the driveway and attached garages to the largest extent possible in order to mitigate congestion on nearby streets. 4. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. The applicant shall encourage all delivery vehicles to park in the driveway of the property. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (3 pages) Memo from the Fire Department dated November 16, 2015 (1 page) Email from Susan Eckstrom regarding parking policies, received on October 27, 2015 (1 page) Letters of Support (5 pages) Site Plan prepared by Rehder&Associates, Inc., received on October 22, 2015 (1 page) Interior Floor Plans prepared by Carl J. Gramentz, received on October 22, 2015 (2 pages) golden 1 , Valley Fire Department 763-593-8079/ 763-593-8098 (fax) Date: November 16, 2015 To: Jason Zimmerman, Planning Manager From: John Crelly, Fire Chief Subject: CU — 141, Rakhma Inc. —5403/01 Minnaqua Drive I have reviewed the conditional use permit information for Rakhma, Inc. located at 5403/01 Minnaqua Drive. The proposed use is to provide 24/7 care and supervision of individuals affected by Alzheimer's and/or other related dementias is acceptable. However, there are code requirements that will need to be met. Listed below are my plan review comments based on limited information. 1) The proposed use of this duplex as a supervised care facility appears to signal a change in "occupancy use". A Code Analysis of the building will need to be conducted by a design professional and submitted to the City Building Official for review. 2) Based on the proposed occupancy use of this residential duplex, a fire sprinkler system and fire alarm system will be required. 3) Prior to occupancy the facility shall be in compliance will all applicable codes which includes the Minnesota State Fire Code (MSFC). A partial list of common code items includes: a. Provide tenant space addressing. MSFC section 505.1 b. Provide fire extinguishers. MSFC section 906.1 c. Provide a code compliant fire sprinkler system. MSFC section 901.4 d. Provide a code compliant fire alarm system, MSFC section 907.1 e. Provide for proper disposal of combustible /flammable waste. MSFC 304.1 (if applicable) f. Maintain occupancy separations between tenant spaces as required by the Minnesota State Building Code. MSFC 705 (if applicable) g. Provide and maintain flammable waste traps as required by the Minnesota State Building Code. (if applicable) h. Provide access key for the tenant space. Key will be placed in the fire department keybox. MSFC section 506 i. Maintain exit signs and emergency lighting. MSFC 1028.4 j• If you have any questions, please contact me at 763-593-8065, or my e-mail address, jcrelly( goldenvalleymn.gov Regular Meeting of the Golden Valley Planning Commission November 23, 2015 A regular meeting of the Planning Com sion was held at the Golden Valley City Hall, •uncil Chambers, 7800 Golden Valley 'oad, Golden Valley, Minnesota, on Monday, No .1 ber 23, 2015. Chair Segelbaum -Iled the meeting to order at pm. Those prese ere Planning Commis-loners Baker, Blu 0 era, Johnson, Klwchka, Segelbaum, and auser. Also pre'ent was Pla i - g'Manager Jason Zimmerman, Associate Planner/Grant► -r Emily fi oellner, - d Administrative Assistant Lisa Wittman. 1. Approval of Minutes } October 26, 2015 `' -gular Pla inning Commis.' Meeting Waldhauser refer . : to the last sente,` ce in the first paragrap age 10 and questioned if word "and" should •.t`- changed to the word "or." ommissioners agreed th- e word should be cha ,'!ed to "or." MO ' by Waldhauser, seconded y Cera and motion carried unanimously to approve t October 26, 205, minutes with t = above noted correction. 2. Informal Public Hearing -Conditional Use Permit— 5401-5403 Minnaqua Drive — Rakhma, Inc. — CU-141 Applicant: Rakhma, Inc. Addresses: 5401-5403 Minnaqua Drive Purpose: To allow for a Residential Facility providing care for up to 12 people in the R-1 Single Family Residential Zoning District. Goellner referred to a location map and stated that the applicant is proposing a Residential Facility providing care for up to 12 people in the R-1 Single Family Zoning District. She explained that a Residential Facility serving six or fewer people would be a permitted use, however, facilities serving from seven to 25 people require a Conditional Use Permit. Goellner discussed the typical number of visitors and deliveries expected and stated that the facility will have two to three staff on site at all times. She stated that the applicant is not proposing to change the footprint of the existing house or driveway, but they may add a deck, ramp and patio in the future. She referred to the parking spaces available on the property and noted that three garage spaces will be assigned to the staff and there are up to six additional parking spaces located on the driveway. She added that the applicant has agreed to put a policy in place to help with the coordination of parking and reduce the amount of on-street parking. Minutes of the Golden Valley Planning Commission November 23, 2015 Page 2 Goellner stated that staff is recommending approval of the proposed Conditional Use Permit subject to the conditions listed in the staff report. Cera referred to the proposed future deck, ramp, and patio and asked if they would require variances. Goellner said no variances would be necessary. Blum referred to the plan showing the parking spaces and questioned if one of the driveway parking spaces blocks one of the garage spaces. Goellner said yes, and reiterated that there will need to be some coordination of the available spaces. She added that there is also on-street parking available. Baker asked for a summary of the neighborhood meeting. Goellner said that the applicant stated that the neighborhood meeting went well and discussion included traffic and parking. Waldhauser asked about the egress from the lower lever. Goellner said all of the bedrooms will have to have a separate egress. Johnson referred to the common area shown on the plans and asked about the definition of a duplex. Goellner explained that a duplex is two separate units. She stated that if the existing house is converted to one unit, it can never be used as a'duplex again in the future. Segelbaum asked if a doorway could be installed between the units. Goellner said she would clarify that with the Building Official. Susan Eckstrom, Executive Director, Rakhma, said they are very passionate about what they do. She said they have been caring for people in single family homes for 30 years and have three other locations. Baker asked Eckstrom to talk about the other locations. Eckstrom stated that they have a home in Minnetonka with 15 residents, a home in southwest Minneapolis with 10 residents, and home in St. Paul with 10 residents. Cera asked Eckstrom about the parking. Eckstrom stated that the parking diagram shown would be unusual. She said there will always be two to three staff on site, but they often take public transit. She added that during shift times there may be at most six people on site. Waldhauser asked if the public transportation option would work in this location. Eckstrom stated that there is public transportation on Duluth Street, approximately a half a mile away. Kluchka asked about the typical turnover of the residents. Eckstrom said generally the length of time is five years. Segelbaum asked what dictates the number of people they can serve. Eckstrom said their State license requires a ratio of 1 staff to 5 residents and generally they can serve 10 people in the residential model. Segelbaum asked if square footage is considered. Eckstrom said the license considers the number of bedrooms and that the bedrooms in this location are quite large and some can accommodate two residents in each. Minutes of the Golden Valley Planning Commission November 23, 2015 Page 3 Segelbaum asked Eckstrom if she has any concerns about the conditions listed in the staff report. Eckstrom said she has no concerns about any of the conditions. She added that they strive to be really good neighbors and that they have parking policies at all of their locations. Baker asked Eckstrom about issues regarding a single family home versus a duplex. Eckstrom said a duplex is a lithe less convenient for their staff. Baker asked if they are thinking about adding a door between the two units. Eckstrom said they would like a pass through. Kluchka asked Eckstrom if they considered any other properties in Golden Valley. Eckstrom said no, but they would consider additional properties in Golden Valley in the future. Segelbaum opened the public hearing. Lotti Matkovits, 2400 Unity Avenue North, said she is a retired social worker who worked primarily with seniors in independent housing. She said she is in favor of the proposal and she is impressed with their home-like atmosphere. She said when she needed to find Alzheimer's care for people there were usually no openings in Rakhma because they are known for taking public assistance and for their great care.'' Brenda Clarno, 6840 Winsdale Street, said she.is On staff at Rakhma's Minnetonka site. She said she has heard the State demographers talk about future needs for Alzheimer's patient care. She said she thinks this community is fortunate to have facilities that do this type of work. Seeing and hearing no one else wishing to comment. Segelbaum closed the public hearing. Cera said this is a great service to have in the community and he supports the proposal. Waldhauser agreed that there is a need for this type of facility and added that the Rakhma properties are well maintained and will be an asset to the neighborhood. Commissioners Baker and Blum agreed. Kluchka referred to the idea of having a doorway between the two units and said his recollection from past proposals is that adding a doorway turns the structure into a single family unit, and would no longer be able to be a duplex. MOVED by Cera, seconded by Baker and motion carried unanimously to recommend approval of a Conditional Use Permit at 5401-5403 Minnaqua Drive to allow for a Residential Facility providing care for up to 12 people in the R-1 Single Family Residential zoning district subject to the following findings and conditions: Findings: 1. Demonstrated Need for the Proposed Use: The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. Consistency with the Comprehensive Plan: The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. Minutes of the Golden Valley Planning Commission November 23, 2015 Page 4 The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density: The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Increase in Noise Levels: This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 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 t4 attract pests. 9. Visual Impact: The exterior of the building will remain,largely unchanged with the exception of a potential deck, ramp, and walkway on the south side of the building. This addition, if built, would have minimal visual impact and would be consistent with other properties in the area. 10. Other Impacts to the City and Residents. Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. These residents are affected by Alzheimer's and other dementias and will receive 24-hour care. Conditions: 1. The plans prepared by Rehder & Associates, Inc and Carl J. Gramentz, received on October 22, 2015, shall become a part of this approval. 2. The facility may serve up to 12 persons and must maintain appropriate licensure from.the State of Minnesota. 3. The applicant shall establish a Visitor and Employee Parking Policy that promotes the organized use of the driveway and attached garages to the largest extent possible in order to mitigate congestion on nearby streets. 4. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. The applicant shall encourage all delivery vehicles to park in the driveway of the property. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Goellner, Emily From: Susan Eckstrom <seckstrom@rakhma.org> Sent: Tuesday, October 27, 2015 12:50 PM To: Goellner, Emily Subject: Rakhma Parking Follow Up Flag: Follow up Flag Status: Flagged Emily, Per our conversation this morning, I can address these areas:Visitor parking,Vendor parking, parking policies and procedures at Rakhma: Visitors: • Families typically average 1-2 familie visits per day on a weekend day. Most visits are 1-2 hours in length • Weekday visits may see 1-2 family visits per week(during the day or in the early evening). Most visits last 1-2 hours Vendors: • Doctor, one half-day at the house per month • Podiatrist, one half-day at the house every three months • Grocery delivery,our staff person deliveries from Sam's Club once a week and it takes about 2 hours to unload and pack groceries • Linens, delivered once a week in a 30'Minute window of time • Paper products, once a month in 30-60 minute window • Second Harvest, once a month in 20-30 minute window Staff: • Nurse RN, one full day at the house per week • Programming staff with bus or van:Two pickups per week lasting about one hour, and two drop offs per week lasting about one hour. Bus/van will be in the driveway at all times Parking policies and procedures: • All staff will be assigned parking spots in the garage or driveway during their shift • Vendors and families will be instructed to park/pull into the driveway and to not park on the street. • Rakhma Inc., has strict policies and procedures about staff parking. Employees receive training/orientation about parking upon hire with us. We strictly enforce and police ourselves. Susan Eckstrom I Executive Director Rakhma I loving care for memory loss since 1984 P(612)-824-2345 I F (612)-824-3165 I seckstrom@rakhma.org Jolene Brackey Dementia Workshops-Nov. 17th & 18th To whom it may concern, My family has lived directly behind the Minnetonka Rakhma Home for just over a year. It wasn't until after we moved in that we found out the house behind us was a part of Rakhma. There wasn't any concern about the neighborhood, yard, or noise when we purchased the house. In fact, we hear extremely little noise from the Rakhma Home. The only thing we do hear on a consistent basis is the clinking of china cups and saucers when the weather is nice and residents are sitting outside. Which sparked me to call my mom one day and tell her that if/when she develops Alzheimers, that I think she should move into the Rakhma home. I have always pictured the staff and residents to be very happy and relaxed in their environment. They held one outdoor event this summer, and a bluegrass band was brought in. It was so nice to see all our neighbors enjoying dinner on their decks, and listening to the music coming from the Rakhma home. It really brought the neighbors together that evening. In regards to traffic/parking congestion, I have never experienced any near the Rakhma home. While we do live on a different street, I do drive down the front street of the home on a semi-frequent basis. Not once have I seen a car parked on the street. Their parking space is larger than a typical drive way, but in no way ostentatious for the block. The lights inside of the Rakhma home are on throughout the night, but my family has always used black out drapes in our bedrooms, so that wasn't a concern for us while trying to sleep. It warms my heart to know that Rakhma is looking to expand into a new location, and care for additional individuals and families. I think the service they are providing is wonderful, and done so in a caring manner. I hope you enjoy their presence in your neighborhood as much as my family has. Elfin To Whom It May Concern, I am writing this to show our support for the Rakhma home in our neighborhood. My husband and I have lived in the Tangletown neighborhood for almost forty years which has been longer than Rakhma has had a residence here. Over time we have seen many changes including the influx of younger families and the opening of a home for those with dementia. We can honestly say that both of these have enhanced the diversity and desirability of our neighborhood. There have been no problems that we have been aware of as far as parking or Rakhma residences leaving the home without either an attendant or a family member accompanying them. We are very much a walking neighborhood and occasionally we may run into these neighbors for a short, pleasant chat on the sidewalk, but, otherwise, we would not be aware that Rakhma is any different from the rest of homes on our block. The yard and house have always been well maintained. We are across the street from the house so we would be aware if this was not the case. If asked, I would strongly support the addition of a Rahkma home in your neighborhood Sincerely Karen Lanegran 140 So Wheeler St. St Paul, Min 55105 November 16,2015 To Future Neighbors of the New Rakhma Home in Golden Valley, Hello! I live exactly one street over from the Rakhma Peace Home which is located at Aldrich &50th Street in Minneapolis. I would like to personally vouch for the fact that as a neighbor of this home, I have never once had any reason to object to their presence there at all. If you have any concerns about there being a "commercial" organization like this in your residential neighborhood, I can assure you that you will never know the difference from if it were a regular home with a family in it.To be honest,I never even knew that this specific house was such a home. I have never seen any increased people or vehicle traffic in and out of the area,and the house is well- maintained and the front yard very nicely decorated. (In fact, I now realize that I have been giving the credit for such a pretty front yard to the wrong family!) I have seen the Rakhma Homes van parked in a driveway, but because the house and its residents fit right into the neighborhood, I actually thought that someone who lived in that house just happened to drive the van for Rakhma and parked it in their driveway every night! My toddler son has even become familiar with its presence and points out"No white van!" if we drive by,and the vehicle isn't there. It is unobtrusive and painted with the Rakhma logo,which itself is tasteful and pleasant to look at. As a person whose mother was recently diagnosed with dementia and the beginnings of Alzheimer's, I feel strongly that Rakhma provides an essential and beautiful service to a population which needs more options for safe living and quality care.The concept of keeping these individuals in a residential area which they are familiar with and in a home atmosphere is brilliant and is a great testimony to the respect and caring with which Rakhma clearly treats its residents. I hope that you will all welcome with open arms the new Rakhma Home which is due to open next year in your neighborhood and know that you are supporting a great service to the elderly population. Sincerely, Mingson Burns Southwest Minneapolis November 16, 2015 Dear Residents of Golden Valley: I regret not being able to attend the meeting this evening but I would like to voice my support for Rakhma through this note. My mother has lived at the Rakhma home in Minnetonka since April of 2014 and I could not be more pleased with the care she has received. The staff at Rakhma are some of the most loving people I have ever met. The high staff-to-resident ratios and the smaller, neighborhood settings they offer are a model of care for those suffering with dementia or Alzheimer's. I am so glad my mom is not in a large and impersonal facility and I know that the individualized care she receives at Rakhma alleviates her fears and brings her moments of joy on a daily basis. Prior to moving to Rakhma my mom was isolated and alone in her home in St. Paul. I cooked her meals, did her laundry and tried to get her out, but it was a heavy load--too heavy. I could not be there all the time and I worried about her constantly when I was at work. Finding Rakhma was a godsend for both me and my mom. She resisted the move at first; in fact, I'm sure she is the all-time champ of resistance; but after being there for about 5 weeks she turned to me one day and said "You know, I really like it here. The people are nice and there's a lot going on." It brought tears to my eyes. Obviously, I think Rakhma offers a valuable community service and I'd like to see their homes scattered throughout the metro area. In years to come, as the baby boom generation ages and the numbers suffering from Alzheimer's increases, I am sure their homes will be seen as community assets just like good schools and parks are seen today. I urge you to support their new home in Golden Valley. Thank you. Paul A. Stearns Just a quick note on our experience as a neighbor to the Rakhma House in Minnetonka. We have lived next door to the Rakhma House for 12 years and our backyards adjoin. This has been a positive relationship and community relationship. We are invited to events hosted by the Rakhma House and our kids also attend. Our kids play in the backyard and enjoy seeing our neighbors outside. Our kids go to school at the Catholic School next door and the Rakhma House hosts a treat and treating event for the school. The residents even mentioned to our son that he is their neighbor. We are happy to have the Rakhma House in our neighborhood and the good service they provide. We believe that this is great for our family to be a part of. Verna Verna M Adamek Sales and Marketing Siemens Energy, Inc Infrastructure and Cities Sector Smart Grid Division 10900 Wayzata Boulevard, Suite 400 Minnetonka, MN 55305 OMCI*l l OLL 2Z :311J DNIMV210 l L CY LL9Z—lc l :'ON 13.3 road 1'3 A3-11VA N3C1-100 JO A.I.10 tuoxiapqa.i@ojuI Twin . L6L6-391,-199 :xuA • 1909-391,-T 99 33199 elosauugv Ve2vg . Ott awls'an!ia 0.1apaa 133HS 'ONI VIIHNVel Kio‘aaang puv7 puv sdauuvicr‘Kiaauguy ma9 gl-8Z-01. 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Cl. m vg`s ta4 -- --- II . r U ' Jam \ II CO S N w 0 8 O H o °w d II 3a W r m a $ ,,, 5 ani _ \� ORDINANCE NO. 586, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 142 5401-5403 Minnaqua Drive Rakhma, Inc., Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.45, by approving a Conditional Use Permit for a certain tract of land at 5401-5403 Minnaqua Drive, thereby allowing a 24-hour residential facility serving up to 12 persons in the Single Family (R-1) Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. 4. The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. 5. The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. The exterior of the building will remain largely unchanged with the exception of a potential deck, ramp, and walkway on the south side of the building. This addition, if built, would have minimal visual impact and would be consistent with other properties in the area. 10. Staff does not anticipate any other negative effects of the proposed use. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The plans prepared by Rehder & Associates, Inc and Carl J. Gramentz, received on October 22, 2015, shall become a part of this approval. 2. The facility may serve up to 12 persons and must maintain appropriate licensure from the State of Minnesota. Ordinance No. 586 -2- December 15, 2015 3. The applicant shall establish a Visitor and Employee Parking Policy that promotes the organized use of the driveway and attached garages to the largest extent possible in order to mitigate congestion on nearby streets. 4. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. The applicant shall encourage all delivery vehicles to park in the driveway of the property. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 1, Block 4, Bungalow Terrace Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 15th day of December, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Kristine A. Luedke Kristine A. Luedke, City Clerk city o golden11 MMEMORANDUM 1Physical Development Valley Department P 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 60 day deadline: December 21, 2015 Agenda Item 4. B. Public Hearing-Approval of Conditional Use Permit 142 - 8836 7th Avenue North - Calvin Christian School, Applicant Prepared By Jason Zimmerman, Planning Manager Summary Calvin Christian School is proposing to include a retail component to accompany the warehouse use in its current location at 8836 7th Avenue North. Retail sales are allowed as an accessory use in a Light Industrial Zoning District with a Conditional Use Permit (CUP) if the retail area occupies less than 10%of the building's footprint. The applicant currently leases 3,672 square feet in a one story multi-tenant building. The proposed retail component would use roughly 1,762 square feet in a building with a footprint of 59,978 square feet. This translates to 3% of the building's footprint. There are no other known retail components in this building. Warehouse and office use would occupy the remaining 1,910 square feet of the space. If the CUP were to be approved, the applicant would close their retail space in the Golden Valley Shopping Mall and initiate retail sales three days a week, from 10 am to 6 pm, at their 7th Avenue North location. At the November 23, 2015, Planning Commission meeting, the Commission voted 7-0 to recommend approval of the proposal. Specifically, the Commission felt the proposed use was in compliance with the ten factors in the City Code that determine the eligibility of a conditional use, subject to the following conditions: 1. The plans by submitted by the applicant on November 9, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Fire Chief John Crelly, dated November 16, 2015, shall become part of this approval. 3. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the existing seven parking spaces in the front parking lot and to reserve them for customer use. 4. All signage must meet the requirements of the City's Sign Code (Section 4.20). 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments • Location Map (1 page) • Unapproved Planning Commission Minutes dated November 23, 2014 (3 pages) • Memo to the Planning Commission, dated November 23, 2015 (3 pages) • Memo from Fire Chief John Crelly dated November 16, 2015 (1 page) • Applicant's Narrative (2 pages) • Plans submitted November 9, 2015 (2 pages) • Ordinance#587, Approval of Conditional Use Permit Number 142, 8836 7th Avenue North, Calvin Christian School, Applicant (2 pages) Recommended Action Motion to adopt Ordinance #587, Approval of Conditional Use Permit No. 142, 8836 7th Avenue North, Calvin Christian School, Applicant. I • 905 85=850 825 • 840 825 820 • 830 800 • 81 820 • • 835 Subject Property: 7� 747 750— ----- -- 07 8836 7th Ave N •• 745 •1111 1 -. • 108.200 112• • 701' c• 730 745 730 710 1046 2.1 11112 •02 • 101 n 884C8838883‘8830 88188816 8812 888804 • 110 107 103A103 102• i 883e8832•8824 8820' 881• 4 '8808 203 • • • • • • • C • 109 105 204 2092.2 • . • 205A 208 8800 7Ui Ave N 7.0 Golden Va11e,R , 1_8525------ 8845 5jz I 1300 8900 605 > 600 I 100 • • Q • 200, a 9050 9000 8806 0 __ • • 03 600 ,...a den Valley Rd 86•85 1 9010 89 50 5 i 44;4, .r• '`r 01' .. �15 Minutes of the Golden Valley Planning Commission November 23, 2015 Page 5 3. Informal Public Hearing — Conditional Use Permit— 8836 7th Avenue — Calvin Christian School — CU-142 Applicant: Calvin Christian School Addresses: 8836 7th Avenue North Purpose: To allow accessory retail sales in the Light Industrial zoning district. Zimmerman explained the applicant's request for a Conditional Use Permit to'aliow retail sales in a portion their existing warehouse space at 8836 7th Avenue North. Currently, the applicant has a temporary sales permit which allows sales for up to 15 days per year. He added that the applicant currently operates the New to You Thriftique in the.Golden Valley Shopping Center and that they plan to close that store and have sales at the 7th Avenue location three days a week, Wednesday through Friday. Zimmerman stated that the Light Industrial Zoning District allows up to 10% of a building's footprint to be used for accessory retail sales. In this case, the warehouse and office space is 1,910 square feet and the proposed retail space will be 1,762 square feet, or approximately 3% of the building's total footprint. There are no other approved retail uses in this building. Zimmerman referred to the parking plan submitted and stated that the applicant has been assigned seven parking spaces in front of their location. He stated that the applicant's current sales draw approximately 25 customers per day, and there are typically three to six customers at a time. He added that there is no on-street parking allowed on 7th Avenue or on Decatur Avenue North;end that the applicant has stated that employees could park behind the building on sale days if needed. Zimmerman stated that staff is recommending approval of the proposed Conditional Use Permit subject to the conditions listed in the staff report. Cera asked if the applicant could lease parking spaces from other tenants if needed. Zimmerman said that might be possible. Waldhauser asked why the City cares if the applicant has sales more than three days per week. Zimmerman stated that is what the applicant is proposing. He added that it might also help with managing the parking if it becomes an issue. Baker asked who owns the building. Zimmerman said he didn't know, but that the applicant is leasing space in the building. Baker said he thinks it would be up to the owner to decide if parking for the proposed use affects other tenants. Zimmerman agreed. Johnson asked what the parking requirements are for this use. Zimmerman said the Zoning Code would not require more than the seven spaces they are providing. Christine Weiss, representing the applicant, stated that their lease is up on their space in the Golden Valley Shopping Center so they've decided to scale back their operation Minutes of the Golden Valley Planning Commission November 23, 2015 Page 6 because they don't need that large of a retail space. She added that they operate mostly with volunteers so having sales three days a week is more manageable. Segelbaum asked Weiss if their current store at the shopping center is open more than the three days a week proposed in the new space. Weiss said their existing store is open Tuesday through Saturday from 10 to 6. Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment, Segelbaum closed the public hearing. Waldhauser stated that this proposal makes sense, she doesn't have concerns about the proposed use in this location, and she is glad they are staying in Golden Valley. MOVED by Waldhauser and seconded by Cera to recommend approval of a Conditional Use Permit at 8836 7th Avenue North to allow for accessory retail sales in the Light Industrial zoning district. Cera questioned if condition #3 regarding limiting the sales to three days a week needs to be included. Waldhauser said she doesn't think it needs to be included. Zimmerman stated that his only concern is if parking becomes an issue. He added that if the Commission wants to remove condition #3, staff would be ok with that. Segelbaum stated that if sales were over a period of five days instead of three it might help distribute customers over a longer period of time and make parking less of an issue. Johnson said he thinks if the applicant is asking to have sales three days a week the City should give them what they've asked for, and it is not their place to second guess the applicant. Baker said the applicant didn't actually ask to have sales three days a week, they just mentioned in their narrative that they would like to have sales three days a week. MOVED by Cera to amend the motion to remove condition #3 regarding limiting the sales to three days a week. Waldhauser accepted the amendment subject to the following findings and conditions: Findings: 1. Demonstrated Need for the Proposed Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. Calvin Christian School will be relocating their existing retail use, the New to You Thriftique, from the Golden Valley Shopping Mall and is able to accurately predict the expected amount of retail demand based on their current customer base. 2. Consistency with the Comprehensive Plan: A warehouse use with a retail component is consistent with the Light Industrial designation of this property on the General Land Use Plan Map. 3. Effect on Property Values: Staff anticipates the new use would have no impact on the surrounding property values. 4. Effect on Traffic: The number of trips associated with the proposed use is minimal and staff does not expect any negative traffic impacts to the surrounding areas. Minutes of the Golden Valley Planning Commission November 23, 2015 Page 7 5. Effect of Increases in Population and Density: The proposed use may generate a minor increase in the number of employees at the location three days a week. 6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise levels. 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: Because the proposed use would involve only interior modifications, staff does not anticipate a change in the visual quality of the property. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The location is a multi-tenant;light industrial property with adequate parking to serve the individual uses Conditions: 1. The plans by submitted by the applicant on November 9, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Fire Chief John Crelly, dated November 16, 2015, shall become part of this approval. 3. In the event complaints to the City regardingparking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the existing seven parking spaces in the front parking lot and to reserve them for customer use. 4. All signage must meet the requirements of the City's Sign Code (Section 4.20). 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development, • Site Plan Review—Borton Vo o — 905 Hampshire Avenue South Zim man stated that construction pr'jects in the 1-394 Zoning District require a site plan rev - by the Planning Commissi n. He explained Volvo's proposal to upgrade and standa b. e their look and discuss d the development standards required including: building placers It, building design, tr nsparency, building entrances, building materials, building '� .;•rs, parking loc 'ion, parking screening, pedestrian circulation, and public art. He note at there ar '`some items in this pro osal that do not completely comply with the de req rements, howe_F , re is language in the Code that states "the City may perms tern'Itive app rhes that, in its determination, meet the intent of the development standa,g s.,etially well or when specific physical conditions of the site or building fw ,: -ke compliance infeasible or inappropriate." Segelbaum asked if the its of the bti ilding .-led "A" in the presentation are being removed. Zimmerr stated that applroximately\' of the existing building will be torn down and rep, ed. 1`1 Zimm R an stated that staff believes he building materials proposed are high quality, bu at that the following items do no Icompletely comply with the Zoning Code -quirements: 1 city of fiN olden MEMORANDUM valley PhysicalDevelopment Department artment 763-593-8095/763-593-8109(fax) Date: November 23, 2015 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Conditional Use Permit (CUP-142) to Allow for Accessory Retail Services Incidental to a Permitted Use at 8836 7th Avenue North —Calvin Christian School, Applicant Background and Proposed Use Calvin Christian School is proposing to include a retail component to accompany the warehouse use in its current location at 8836 7th Avenue North. This property is zoned Light Industrial and guided for long-term Light Industrial use. Retail sales are allowed as an accessory use with a Conditional Use Permit (CUP) if the retail area occupies less than 10% of the building's footprint. The subject property is bounded by 7th Avenue North to the south and industrial properties to the north. It is directly across the street from the new TruStone Credit Union and the Perkins and Culver's restaurants. The applicant currently leases 3,672 square feet in a one story multi-tenant building. The proposed retail component will use roughly 1,762 square feet in a building with a footprint of 59,978 square feet. This translates to 3%of the building's footprint. There are no other known retail components in this building. Warehouse use will occupy the remaining 1,910 square feet of the space. The applicant currently uses this space as a warehouse in which they receive and sort donated goods. There is an existing Temporary Retail Sales permit for the address which allows the applicant to hold occasional sales up to 15 days per year (roughly once per month). The applicant also currently operates the New to You Thriftique in the Golden Valley Shopping Mall. If the CUP were to be approved, the applicant would close their retail space in the mall and expand the hours of the retail sales at their 7th Avenue location to three days a week, from 10 am to 6 pm. The site has a front parking lot that contains 112 spaces. The applicant has been assigned seven of these spaces. A rear loading area handles deliveries. The applicant has offered to require employees to park behind the building on days of retail sales, freeing up front parking spaces for customers. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use:The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. Calvin Christian School will be relocating their existing retail use,the New to You Thriftique, from the Golden Valley Shopping Mall and is able to accurately predict the expected amount of retail demand based on their current customer base. 2. Consistency with the Comprehensive Plan: A warehouse use with a retail component is consistent with the Light Industrial designation of this property on the General Land Use Plan Map. 3. Effect on Property Values: Staff anticipates the new use would have no impact on the surrounding property values. 4. Effect on Traffic: The number of trips associated with the proposed use is minimal and staff does not expect any negative traffic impacts to the surrounding areas. 5. Effect of Increases in Population and Density:The proposed use may generate a minor increase in the number of employees at the location three days a week. 6. Increase in Noise Levels: The proposed use is not anticipated to cause an increase in noise levels. 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: Because the proposed use would involve only interior modifications, staff does not anticipate a change in the visual quality of the property. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The location is a multi-tenant light industrial property with adequate parking to serve the individual uses. Recommended Action Staff recommends approval of Conditional Use Permit 142 allowing for accessory retail services incidental to a permitted use at 8836 7th Avenue North. The approval of a Conditional Use Permit is subject to the following conditions: 1. The plans by submitted by the applicant on November 9, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Fire Chief John Crelly, dated November 16, 2015, shall become part of this approval. 3. Retail sales shall be limited to three days a week. 4. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be installed to highlight the existing seven parking spaces in the front parking lot and to reserve them for customer use. 5. All signage must meet the requirements of the City's Sign Code (Section 4.20). 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (2 pages) Plans submitted November 9, 2015 (2 pages) Memo from Fire Chief John Crelly dated November 16, 2015 (1 page) city of golcien , valley Fire Department 763-593-8079 / 763-593-8098 (fax) Date: November 16, 2015 To: Jason Zimmerman, Planning Manager From: John Crelly, Fire Chief Subject: CU — 142, Calvin Christian School—8836 7th Avenue N I have reviewed the conditional use permit information for Calvin Christian School located at 8836 7th Avenue N. The proposed use of retail sales, warehouse and office is acceptable. However, there are code requirements that will need to be met. Listed below are my plan review comments based on limited information. 1) The proposed use of retail sales is a change in "occupancy use" from office /warehouse. A Code Analysis of the building will need to be conducted by a design professional and submitted to the City Building Official for review. 2) Prior to occupancy the facility shall be in compliance will all applicable codes which includes the Minnesota State Fire Code (MSFC). A partial list of common code items includes: a. Provide tenant space addressing. MSFC section 505.1 b. Provide fire extinguishers. MSFC section 906.1 c. Provide a code compliant fire sprinkler system. MSFC section 901.4 d. Provide a code compliant fire alarm system, MSFC section 907.1 (if applicable) e. Provide for proper disposal of combustible/flammable waste. MSFC 304.1 (if applicable) f. Maintain occupancy separations between tenant spaces as required by the Minnesota State Building Code. MSFC 705 (if applicable) g. Provide and maintain flammable waste traps as required by the Minnesota State Building Code. (if applicable) h. Provide access key for the tenant space. Key will be placed in the fire department keybox. MSFC section 506 i. Maintain exit signs and emergency lighting. MSFC 1028.4 j• If you have any questions, please contact me at 763-593-8065, or my e-mail address, icrellvt_u"�__goldenvalleymn.gov October 22,2015 Conditional Use Permit Application for 8836 7th Avenue North,Golden Valley Applicant:Calvin Christian School Current Use of this Site: This site is currently being used to receive shipments of donated goods that are collected in off-site donation bins. Shipments come into the facility via automobiles, mini-vans, and occasionally via a box truck. Shipments typically come into the facility once per week. When a shipment comes in, 3-5 volunteers receive it, sort through the merchandise, tag and price sellable items, and put the items on shelves in the receiving area. As products are needed on the sales floor, volunteers take items from these shelves to restock. More valuable items are put on a shelf for collection by our Craig's List seller. All un-sellable clothing is bagged and put in a large collection bin. The clothing in this bin is sold to a clothing recycler to earn money for the school. Shoes are delivered by the pallet, are sorted, and any unsellable shoes are put in boxes on a shelf for regular collection by the recycler. The sorters work once per week,for about 3 hours. Once per month this warehouse site is open to the public. Our warehouse sales are one or two days per month, normally on the third Friday of every month,from 2:30 to 6:30pm and sometimes the following Saturday, from 10-2:OOpm. Typically the sales draw about 25 customers, usually no more than 3-6 customers occupy the sales floor at any given time. One or two volunteers are present to work at each sale. We also use this warehouse space to store larger set pieces, costumes and props for our school plays and musicals, as well as long tables used occasionally for sales and events by the school. Proposed Use of this Site: Our intention is to use this site exactly as mentioned above, but to increase the frequency of our warehouse sales to three days per week, approximately 50 weeks of the year. Days of operation proposed are Wednesday,Thursday, and Friday. Hours of operation proposed are 10:00am until 4:00pm at the earliest, 6:00pm at the latest,TBD. Employees working during days of operation will include one manager and one other employee or volunteer. Employees will park in the back parking lot to reduce the number of parking spaces required to operate business. Currently 7 parking spaces are designated for our business use in the front, main parking lot. .Based on our existing business, New To You Thriftique,which is located in the Golden Valley Shopping Center, we anticipate about 2-5 customers to be shopping at our site at any given time. This equates to 1-5 cars parked in the warehouse parking lot at any given time during normal operating hours. Besides a small "Open" sign in our front window, the only other signage at our site will be our name on the standard sign above our door, in the same font, same color and same size as all of the other businesses in this warehouse facility. We will not place any merchandise that is for sale outside of our site in the common areas or in the grassy area in front of our site. Warehouse spaces are commonly used for thrift and re-sale type retail stores. While we intend to create a comfortable, appealing environment for our shoppers,we do not intend to alter the interior of our site dramatically or permanently. Clothing racks, shelving, display fixtures and moving carts and dollies will be the only equipment used in the store. The retail portion of the store will occupy approximately 48%of the overall space. The front reception area will have minimum sales merchandise, and will display items that we are currently selling via Craig's List and ebay. The office will be used exclusively by the staff. The back half of the space starting at the large garage door all the way up to the curtain will be used for receiving, sorting and storing excess merchandise and school items, as well as recyclable clothing and shoes. The exterior of our site will not be affected or altered. I Ir'l . , H: Rec;:t VIV\1 . !'..:, NOV 0 211r• 1 : - • s 0" i - • • - ,_.9. --,;,-, ......c kr) cc ri,z, 1 i, stiv; ......, ›.. H ...... ) 0 ,..c Ira*,I i slit I,c_ vl .....-..............-/N., SIne I v i n.---1 1 5e..5 MI? Sketc- vrtk .._. ‘./ a ,s. .6.- radx 1 1- , - ; s . fL-9 se oci,( .. 2 ' ft, cIo, „ _( -- lr- r.k.1- I s 6.1 i " ) ( Ca I vi in al•ri-s b bil . ' Propota PA-1%-i l Latyv . . , -8?(c S.F., c • k piri 11. . 3 / _ CC 11 ••,.., . ki-- - / • 1 ni c• t.'"c : L .T..,..„, Li:. PROJECT: GOLDEN VALLEY III • �_ ' SITE PLAN Steiner 8804-8840 7TH AVENUE NORTH Development, Inc. GOLDEN VALLEY, MN. 3610 County Rood f J phone: (952) 473-5650 SHEET NO: DATE: 2/2/2010 ayzata, Minnesota 91 fax: (952) 473-7058 DECATUR AVENUE NORTH r,• ,. I 8840 40 LAE 8840 ::"' 8636 884.0 8838 8840 ::3B 8838 8838 8838 ". e 8838 A. 6 em 4. . 583 8836 :r: 6838 8832 6834- 8832 8834 8834 8832 8E4 8. 8832 6. 8830 8832 8830 -8830 8830 4 8830 8824 662' 8824 = 8824 8824 F— 8824 8824 CC 8820 5820 8820 8: , Q . 8820 Z 8820 //� _E_i w 1 c: • 8818 D : 18 6818 8818 Z 8816 8818 w 8816 8818 • > 8816 8816 Q I 8816 6816 8816 :j 8816 8816 = 8814 8816 \ 8814 8814 ' \ N 8814 8814 8814 rine. 8814 6612 k —'. 6812 8814 2 8814 8812 8812 8812 i• 8812 8812 8808 8812 .\\ -8808 8808 :R,: 8808 8808 8808 8608 \ 8806 8808 8806 8808 8806 6866 5_• 8806 8806 8806 ii:.....�..�:. 8806 & ...• 8804 i 3.4 8804 ., \"64 8604 8804 8804 8804 •804 ,-- Z /1111 0 BOONE AVENUE NORTH /' ORDINANCE NO. 587, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 142 8836 7th Avenue North Calvin Christian School, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.45, by approving a Conditional Use Permit for a certain tract of land at 8836 7th Avenue North, thereby allowing accessory retail sales in the Light Industrial Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The applicant has demonstrated that there is a need for the proposed use. Calvin Christian School will be relocating their existing retail use, the New to You Thriftique, from the Golden Valley Shopping Mall and is able to accurately predict the expected amount of retail demand based on their current customer base. 2. The proposed warehouse use with a retail component is consistent with the General Land Use Plan Map. 3. Staff anticipates that the introduction of this use would have no negative impact on the surrounding property values. 4. The number of trips associated with the proposed use is minimal and staff does not expect any negative traffic impacts to the surrounding areas. 5. The proposed use may generate a minor increase in the number of employees at the location three days a week but is not anticipated to have a negative effect in population or density. 6. The proposed use is not anticipated to cause an increase in noise levels. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. Because the proposed use would involve only interior modifications, staff does not anticipate a change in the visual quality of the property. 10. Staff does not anticipate any other negative effects of the proposed use. The location is a multi-tenant light industrial property with adequate parking to serve the individual uses. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The plans by submitted by the applicant on November 9, 2015, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Fire Chief John Crelly, dated November 16, 2015, shall become part of this approval. 3. In the event complaints to the City regarding parking are deemed by the City Manager or his/her designee to be significant, the City reserves the right to require signage be Ordinance No. 587 -2- December 15, 2015 installed to highlight the existing seven parking spaces in the front parking lot and to reserve them for customer use. 4. All signage must meet the requirements of the City's Sign Code (Section 4.20). 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 2, Block 2, Golden Valley Industrial Park Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 15th day of December, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Kristine A. Luedke Kristine A. Luedke, City Clerk city of .. . �.p golden , MEMORANDUM 1Physical Development valley Department P 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 4. C. Public Hearing to Vacate Easements at 7751 Medicine Lake Road, 2430 Winnetka Avenue North, and 2485 Rhode Island Avenue North (Liberty Crossing PUD) Prepared By Jeff Oliver P.E., City Engineer Eric Eckman, Public Works Specialist Summary A developer has proposed the construction of a residential Planned Unit Development, called Liberty Crossing, near the intersection of Winnetka Avenue North and Medicine Lake Road (see attached location map). The existing parcels will be consolidated and the entire property re- platted to prepare for development. As part of this process, the existing public easements must be vacated and the developer must dedicate new public right-of-way and easements on the final plat. The locations of the new easements will better reflect the planned locations of the buildings, utilities, and stormwater facilities. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment. Since the easements are not adjacent to public waters, notice to the Commissioner of Natural Resources is not required. There have been no objections to this easement vacation. Consideration of this easement vacation was supported by resolution of the City Council in their meeting on December 1, 2015, and therefore in accordance with state statutes requires a four-fifths majority vote in favor of the resolution. Attachments • Liberty Crossing Location Map (showing easements to be vacated) (1 page) • Liberty Crossing PUD No 123 final plat (showing proposed easements) (1 page) • Resolution Vacating Easements in the Plats of Golden Valley VFW Post Number 7051 and MCTAC Addition (7751 Medicine Lake Road, 2430 Winnetka Avenue North, and 2485 Rhode Island Avenue North) (2 pages) Recommended Action Motion to adopt Resolution Vacating Easements in the Plats of Golden Valley VFW Post Number 7051 and MCTAC Addition (7751 Medicine Lake Road, 2430 Winnetka Avenue North, and 2485 Rhode Island Avenue North). , 1\\\ Easement to be Vacated 77 / QDevelopment Boundary / 1 1 N.- L 1 N 1 1I 251 I• 1 O ` I CO O 1 CO LO N ' N 1 O N O z N . d > 00 O L _ d' N N N a) o LO 0 l cet N N z a) > O a O `a c O N c CY) N 2337 0 232 s v� z- _� _ N n I t Print Date: 1218/2015 e L.i iJ : Sources: -Hennepin County Surveyors Office for goldei i. of Liberty CrossingProperty Lines(2015)&Aerial Photography(2012). 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K. cc g (0 k is 96"c 2M„40.6c969N 8 E_00Z I a A - 0011 1993 ” a ",' 96 .ZZ 6Se69S ! 0 ( OOYf 00 1,2 CO f2�00.�_I ` - " ' '+C(,Z c ; t _ ' 3 40 . ---........o81., o 9 0 A ` v „^L • Orv � 0 0 0 •A _.Q - $ o cY , ,t- 11,3 c a '00bCi 00'99 07[2 00'bf;' I . .• •,�•K E _ YN° 1 00911 1193 ., \ ;n 0 a ,4 8 . 48cy48cyp8 a 8 _ ON I o;� — "` d� a 00 $e ze m OVM s3 Ht �E 8g '.r • �-g o�vo a N°£ • o ooYr 9o-oo ta °°Yz, °°'b�,1 (I) - :4',4 • 0 w`o..c 09 `. 00 1511 I Zf c c n.n0 I : fO Of /I 1\\ P."- _) 111801 �� 1 ^0'eQ i a'r,u — 494,9Z 3„6S.8Sa69S _— — =A o + g °a'�u' 1., ,1 17;-,',—,„' �_______A_____-->____. ,fo°3 5\'\ [9'6812 3.65.P5,695 ( - C") 10 09008'811 91Vsu001'60 0011305 901a9en(1150.111-10N 4 910N 041 90 0911 41,09 -�, ..,.�_ 3 Resolution 15-103 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS IN THE PLATS OF GOLDEN VALLEY VFW POST NUMBER 7051 AND MCTAC ADDITION (7751 Medicine Lake Road, 2430 Winnetka Avenue North, and 2485 Rhode Island Avenue North) WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of certain easements dedicated in the recorded plats of Golden Valley VFW Post Number 7051 and MCTAC Addition, legally described as follows: Lot 1, Block 1, Golden Valley VFW Post Number 7051, Hennepin County, Minnesota; and Lots 1 and 2, Block 1, MCTAC Addition, Hennepin County, Minnesota (the "Subject Property"). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the Subject Property is proposed to be developed as shown in the approved plans titled, Liberty Crossing PUD No 123, located in the Physical Development Department office of Golden Valley City Hall; and WHEREAS, certain easements in the Subject Property will be vacated to accommodate the proposed development; and WHEREAS, the City has evaluated its interest and use of the property; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easement located in the Subject Property legally described below be vacated: All of the public easements dedicated in Lot 1, Block 1, Golden Valley VFW Post Number 7051, Hennepin County, Minnesota; and All of the public easements dedicated in Lots 1 and 2, Block 1, MCTAC Addition, Hennepin County, Minnesota. Resolution 15-103 -2- December 15, 2015 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 golden11 MEMORANDUM valley Park and Recreation Department 763-512-2345/763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 6. A. Authorization to Proceed with the Brookview Community Center Replacement Project Prepared By Rick Birno, Director of Parks and Recreation Summary At the November 10, 2015, Council/Manager meeting, Council directed staff to develop a formal project schedule and recommend a financing plan for the replacement of Brookview Community Center. The project schedule was reviewed at the December 8, 2015, Council and attached to this report. Attachments • Resolution authorizing staff to proceed with the proposed schedule and recommended finance plan for the replacement of Brookview Community Center. • Proposed schedule outline for the replacement of Brookview Community Center. Recommended Action Motion to adopt Resolution authorizing City Manager to direct staff to proceed with the Brookview Community replacement project. Resolution 15-104 December 15, 2015 Member introduced the following resolution and moved its adoption: EXPRESSING INTENT TO GIVE DIRECTION TO STAFF FOR THE BROOKVIEW COMMUNITY CENTER REPLACEMENT WHEREAS, the need was identified and a Task Force appointed to study and develop conceptual options for the replacement Brookview Community Center; and WHEREAS, two public meetings were hosted by staff for resident input to review the proposed designs for the replacement of Brookview Community Center; and WHEREAS, the City Council reviewed three potential conceptual designs for the replacement of Brookview Community Center and at the November 10, 2015, work session directed staff to move forward with the 18.2m proposal and develop a project schedule and Lease/Purchase financing plan; and WHEREAS, a formal project schedule for the replacement of Brookview Community Center was presented to and reviewed by the City Council at the December 8, 2015, work session; and WHEREAS, a public meeting will be scheduled for February 23, 2016, for resident input to review the proposed design for the replacement of Brookview Community Center; and WHEREAS, the City of Golden Valley (the City) through its Housing and Redevelopment Authority (the HRA) will establish a Lease/Purchase financing plan for the Brookview Community Center Replacement; and WHEREAS, the City of Golden Valley (the City) through its Housing and Redevelopment Authority (the HRA) will host a formal public hearing to review and approve a financing plan for the Brookview Community Center Replacement. NOW THEREFORE, BE IT RESOVED, that subject to formal approval of the Golden Valley City Council and the HRA authorizes the City Manager to direct staff to proceed with the project schedule for the replacement of Brookview Community Center. 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. ninr Nnr. AVW co ddV dVW 83d Nvr 030 AON 100 1d3s 6/01• II onv N. Ainr 0 ' 3 Nnr AVN Oda' dvw 93d NVr 030 AON 130 6/0l deS-9Z 6/06 deS-6L 66/6 CI= deS-Zi deS-S onv-oz 16/6 onv-zZ 6nV-Sl 6nV-9 6nV-L L/8 Inf-SZ Inf-9 L Inr-L L . 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Park and Recreation Department 763-512-2345/763-512-2344(fax) 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 6. B. Authorize Contract for Design, Engineering and Construction Administration Professional Services for the Brookview Community Center Replacement Project Prepared By Rick Birno, Director of Parks and Recreation Summary At the December 8, 2015, Council/Manager meeting, Council directed staff to begin the planning process for the replacement of Brookview Community Center. Staff is recommending hiring Hammel, Green and Abrahamson (HGA). HGA is the consultant team that worked with staff and the Community Center Task Force on the initial feasibility study, hosted the public input process and developed the Predesign Phase for the replacement of Brookview Community Center. Next steps in the design process will include: 1. Schematic Design, Design Development & Engineering 2. Selection of a Project Construction Manager 3. Food Service and Kitchen Area(s) Planning 4. Furniture-Fixture-Equipment Planning 5. Landscape & Outdoor Amenity Planning 6. Construction and Bidding Documents 7. Project LEED Facilitation and Tracking 8. Construction Administration The fee for the next stages of design, engineering, development of construction documents, development of the bidding documents and construction administration is $1,028,832 or 7.5% of the total construction estimate of$13,717,759. The industry standard for the services outlined above generally ranges from 6%to 12%. Staff supports the proposed 7.5% of the total construction fee for the design and planning services. All additional fees and allowances are outlined in the project budget recap which is included as an attachment with this report. A Construction Manager(CM) oversite team is recommended by staff and in included in the project budget. Staff is recommending a CM be added to the project construction team. City staff will work with HGA on a selection process for a CM and make a recommendation for approval by the City Council. Staff and representatives from HGA will be in attendance at the Council meeting to address any questions. Attachments • Total Project Budget Recap (1 page) Recommended Action Motion to approve Authorizing City Manager to Sign Contract with HGA, contingent on City Attorney review, for all design, engineering and project administration for the replacement of Brookview Community Center. Total Project Budget Recap Golden Valley Community Center Project Golden Valley, MN Construction Cost Total $13,717,759 Project Soft Costs Consultant Services Architect's/Engineering Fee Contracted Fees (Will be adjusted based on % of Construction costs)$1,028,832 7.50% Reimbursable Expenses allowance $35,000 Additional Services Food Service Consultant $31,500 FF&E Design Fee $22,000 Sustainability/LEED Design Fee $6,000 Preconstruction Design Phase Services allowance $45,000 Owners Representative by City Legal & Financial Costs allowance $34,294 0.25% Fundraising Materials na Equipment Furniture, Fixtures & Equipment allowance $1,371,776 10.00% Play Equipment / Structures allowance $400,000 Food Service Equipment allowance $50,000 (Loose equipment only, connected equipment included in construction) Technology / Building Systems Equipment allowance $386,533 2.82% (Including design consultant costs, by Vendor) Other Costs Geotechnical Exploration / Borings $10,800 Site Survey $11,250 Constr. Inspections, Soils & Matl. Testing allowance $27,436 0.20% Permitting allowance $137,178 1.00% Owners Insurances allowance $34,294 0.25% Moving/Relocation Costs allowance $25,000 Commissioning allowance $68,589 0.50% Construction contingency allowance $685,888 5.00% Owners Project/Scope Contingency (Remaining funds to balance to Budget)$53,570 0.39% Total Project Cost (fixed at Budget) $18,232,698 (Escalation pro-rated into total, for Fall 2016 construction start) HGA 12/11/2015 city o . . .� v, golden , vai ey MEMORANDUM Physical Development Department 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 6. C. Approval of Plat - Liberty Crossing PUD No. 123 and Authorization to Sign PUD Permit and PUD Development Agreement- Liberty Crossing PUD No. 123 Prepared By Jason Zimmerman, Planning Manager Summary At the July 21, 2015, City Council meeting, the Council held a public hearing on the Final PUD Plan for the Liberty Crossing proposal. After the hearing the Council approved the Final Plan. The City Council held a public hearing and approved Amendment #1 to PUD No. 123 on November 4, 2015. The Final Plat, PUD Permit and PUD Development Agreement have been prepared for consideration. City staff has reviewed the documents and finds them to be consistent with the approved Final PUD Plan and the requirements of City Code. Attachments • PUD Permit- Liberty Crossing PUD No. 123 (3 pages) • PUD Development Agreement - Liberty Crossing PUD No. 123 (17 pages) (Draft-Final Agreement to be provided prior to meeting) • Resolution for Approval of Plat- Liberty Crossing PUD No. 123 (1 page) • Final Plat- Liberty Crossing PUD No. 123 (2 pages) Recommended Action Motion to adopt Resolution for Approval of Plat - Liberty Crossing PUD No. 123. Motion to authorize the Mayor and City Manager to sign the PUD Permit and Development Agreement for Liberty Crossing PUD No. 123. . ,iiii0 ' Ft i i l$ 4}s , x 114 1114,, ,i � i1 DEVELOPMENT REEME i T. 44,Iii Liberty Crossing . 0. 414.$?' , AGREEMENT dated this 1.0*rO December, � , by and between the City of Golden Valley, a Minnesota municipal corporafipn (tNe.x y"), and Liberty Crossing Investment Partners, LLC, a Minnesota limited liability companyi(the "De per"). I 1. Re•uest for ' -velo•men • • •royal. has a'llitiiifred a Planned Unit Development (P1 123) k i n as Libe rossing, pursuant to Ordinance No. , adopted by the Golden V. Counc 't , 2015, a copy of which is attached ������ - � ��AVie. � It h hmert�: ° 4 •t anc- for the property which is legally described ,ipn achme (., o, at ,s,-d heret• r fie reby made a part hereof(hereinafter rred to as th�ik...bject °.,,r •erty"). "e development of the Subject Property in acc r ance with the °lanned . Development and the Ordinance is hereinafter referi a to as the "Pr, e c ". & ti c. The recommendations and requirements outlined in the memo from the Engineering Division, dated June 18, 2015, shall become a part of this approval and the Project shall conform thereto. d. Public bicycle racks or similar facilities for the parking/storage of a minimum of 14 bicycles shall be provided at the Subject Property, based on a calculation of 5%of the 276 parking spaces required for the apartment building. e. All signage must meet the requirements of the City's Sign Code (Section 4.20). f. A title review by the City Attorney is necessary prior to approval of the Final Plat, which review has been completed and approved by the City Attorney. g. The Final Plat shall include "P.U.D. No. 123" in its h. A park dedication fee of$60,100 shall be paidrelease of the Final Plat. A i. A neighborhood communications plan rega - construction schedule must be established prior to issuance of a buildi 1 emit, a e Developer shall perform its responsibilities under such plan th: = h. An operation and maintenance plan is being developed for the Flood Mitigation Improvements Constructed by the City as part of the Project. Because the underground flood storage vault (which is part of the Flood Mitigation Improvements Constructed by the City) is utilized by the Developer for stormwater quality treatment purposes, the Developer must sign an agreement with the City regarding the Developer's share of responsibility for the long-term inspection and maintenance costs for the underground flood storage vault which is part of the Flood Mitigation Improvements Constructed by the City. i. The Developer must provide maintenance access to the underground flood storage vault by constructing and maintainin: t'4Y;3 is trails and walks located within dedicated easements for drainage 011 ity, maintenance access, and walkway purposes, all as acceptable to ' 5 = and the City Engineer. j. Copies of all recorded easements or. `*men g":. ween the Developer and adjacent property owners for acc.,>;-,'gnage, par'' ,1r:i1and any other arrangement must be provide. : e City, prior to the . uance, of building or site permits, and shall be subje,aH + the review and aper• of the City which approval shall not be unreasonab rthheld, eco ayed or co oned. k. Either now or in the f ure, if the to '• :f the Project become owner- ) occu ied,the Develo@ - . is successo ��assigns must submit the homeowners associate$ ' g docu J I q (including the declaration of covenants, conditions, r -icti ft;ei • easem� to the City for review and approval ioristo recordin 0, ich a:$ t shall ®� a unreasonably withheld, y �® »,6%.. of final documents upon dela e � ,Irran�r�,��ed, and ` �}st � recort (j : ' j' 1), kala I. The Dev'eio er muss. ter into intenance agreement (in form and substance acceptabl e 1 Mi a Develo�jf- with the City, before the issuance of t iJ ji iu 'd . . per t' `in�e f i, e r r; pnsibilities of the Developer or its `` success nd asA", s, or fut j ,- ineowners association, for the following: i. Mai i nanc � he private streets and sidewalks, and certain public use trails . in th—=f ect, including pavement preservation and replace t, and regular street sweeping and snow removal. ;tII, Mainten � of the storm sewer system and stormwater quality ;t eatmecilities, not including the underground storage vault that is if of,. , lood Mitigation Improvements Constructed by the City, serving;,he Project. iii. Cost participation in the long-term inspection and maintenance of the underground flood storage vault that is part of the Flood Mitigation Improvements Constructed by the City utilized by the Developer for stormwater quality treatment purposes. The City will own and be responsible for the inspection and maintenance of the underground flood storage vault that is part of the Flood Mitigation Improvements Constructed by the City, but the Developer shall be responsible for a percentage of the inspection and maintenance costs based on the 3 contributing drainage area or volume of the Project, or similar mutually agreed upon methodology. iv. Maintenance of retaining walls constructed within the public right-of-way of Rhode Island Avenue to support the underground parking ramp for the apartment building. v. Maintenance of any vegetation, landscaping, or obstructions approved by the City to be installed within public easements or right-of-way as part of the design of the Project. m. The Developer, or its agent, shall obtain one Inflow and Infiltration Certificate of Compliance for the apartment building withi p Project and one Inflow and Infiltration Certificate of Compliance fort i � homes upon completion of the ittiti sanitary sewer service installation, prior:€ r.p ancy of any buildings in the Project. n. The Developer shall provide thesatisfactory evihielce that it is the fee owner itri of the Subject Property. 1 o. Any agreements or other docu tation required hereii� . to be submitted by the Developer to the City or appr. :. by the,c (including thout limitation anyeasements) shall acce table ee '` �(�� p �he� � `n form and sui���`oce. p. The Developer shall o ` e required r "its from the City and other governmental authori i sj? cfired for NV !instruction of the Project. q. The Developer shall pays j egtiir es ands". . - incurred by the City related to the revie 9A rocessin the P o oicatio - eluding legal and �r� #? g � � � � to �,; professional�consulting cost§ � e 4 €l a� } 4, 4. Development Pl'a The S 'ject Prope� hall be developed in accordance with the Final Plans, originalYcopie wh h are or ll be on file with the City's Physical D Uelo e 4 a1. 1 1. > t._ . x . epartrrt� ;0j.. ,.' *',..1,..x;4,4, 11 x., 1111"1411 n 5. Site ImprovementsiI stall Developer. The Qeveloper shall*all or , to be installed and pay for the following with respect ; to th'ef ect, hereina' -•r referr ato as "Site Improvements Installed by Developer." The finac% securities fired for Site Improvements Installed by Developer are discussed Iaterjn this A: 1-p ment. a. Setting' 't, t aq� :lock Monuments. b. SurveyingaQ , -aking of work required to be performed by the Developer. c. Installation df*gas, electric, communications, and cable lines prior to building occupancy. Developer must place these facilities underground and utilize joint trench construction for all private utilities and communications facilities serving the Project. d. Installation of all sanitary sewer services and water services from the mains to the buildings as shown on the Final Plans, or as may be amended in final construction plans approved by the City. e. Construction of private streets and parking areas. f. Installation of sidewalks and trails as shown on the Final Plans. 4 g. Installation of commercial driveway entrances and residential driveway aprons that meet City standards. h. Installation of lighting (street, parking lot, and area lighting) to serve the Project. i. Construction of structural retaining walls on the Subject Property and within portions of public right-of-way, as shown on the Final Plans, or as may be amended in final construction plans approved by the City. j. The grading and compaction, erosion control, tree replacement and landscaping, all of which shall be made in accordance with Final Plans. k. Performance of the work required by the Developer under the Landscape Plan the Developer submitted to the City's Physica) c. elopment Department with respect to the Project. i'ji '�� elf 6. Public Im•rovements Constructed b Deve o• n g The Developer shall install or cause to be i�it k ,led and pa `.he following, hereinafter referred to as "Public Improvements • . ' ucted by Develo $114 The financial securities required for Public Improvements Cort-= ted by Developer ar •� ussed later in this Agreement. ki 0, a. The Developer must desi sand constru ` ry sewer maid a d manholes which extend into and VI ut the Subj- o- operty, generally following the alignment of the private suet , ted withi J• «.•lic easements or right-of-way. The design is subject to revi �lan � val of t j '- ' y Engineer. Upon completion ��: #5 of construction and.acceptancy the d expi on of a one-year warranty period follow 1pg ac Rance, they ty r.;; Wn o maintain the sanitary sewer mains and;ip nholes follwing fin ,��.. stance d e Public Improvements Constructed-.by.Develop has been'• npleted b. The Developer rnust • .a d constr t the watermains, hydrants, valves and rea, structuresf h ext Edi, o and throughout the Subject Property, generally r following thea ignmep)Qf the pry Oreets, located within public easements or . right-of-way.T �flesigritjOybject to review and approval of the City Engineer. Upon t 'completion of cons;<ructio'11 acceptance by the City, and expiration of a one-year wa , ty period foa ing acceptance,the City will own and maintain the water ma ns, valves, I '•rants, and the portion of the water services extending from the mains the cure. op valves, including the curb stop valves. c. The Develdli tim ; ;,'lly remove and reconstruct the public sidewalk located along Winnetka Avenel'.Orth from the south boundary of the Subject Property to the north boundary ot'the Subject Property and the public sidewalk located along Medicine Lake Road immediately adjacent to the Subject Property. The public sidewalks must meet City and ADA accessibility standards. Upon completion and acceptance of the work, the sidewalks are to be owned and maintained by the City. The timing of the removal and reconstruction of the Medicine Lake Road sidewalk must be coordinated with the City because it is adjacent to the Medicine Lake Road Flood Storage Pond which will be constructed by the City and is discussed later in this Agreement. 5 d. The Developer must properly restore pavement excavated during construction of the Project on that portion of Winnetka Avenue North and Medicine Lake Road adjacent to the Subject Property as specified by the Hennepin County Transportation Department. 7. Flood Mitigation Improvements Constructed by City. The City will design and construct the Flood Mitigation Improvements Constructed by the City (defined below) on a portion of the Subject Property using the proceeds from the Tax Increment Bonds as outlined in the Liberty Crossing Private Development Agreement with the Golden Valley Housing and Red vpment Authority ("HRA Development Agreement"). ' j $lfil £J The Flood Mitigation Improvements Construc i y th . k%fir will generally consist of the design, construction, and construction obs. ,ation of flood ` torage facilities and related improvements, and shall include the fofn il 4wg items, which v ll 1tke constructed by the City in substantial conformance to plansald specifications prep')' e by Barr Engineering and in accordance with the time eriodsrth in tion 3.3 of t RA Development Agreement: , ip e lzI�,._ ) ` 111,E a. Underground flood s ault and a 'e ,. ed utility work. b. Medicine Lake Road Fr, � e Pond g- -1 ally located in the northeast corner of the Project. Th or es: i. lavation a ) radia ti �, �. n 1 r s uction of into `� sand recreational trail. iii =!., Storm`` wer and` •� �ilityw 46tecessary to facilitate constrZiliion of the ! e d. iv. '1,� er � etatio3� stablishment with a native vegetation ,fi lq� 7141 {. ,,I.1,,1 ' minir i An4p�0 fe gide) adjacent to the normal water level. Ma� � � ctural and natural amenities such as ' '‘).-.ii.:,,jlt � t�Jude oth° f:( etaining:, Ils, railings, benches, signs, trees and landscaping. C, Rhode Island~ nue F° §%Storage Pond generally located within the Rhode island Avenue r t-of-wa This work includes: .%,,i. Re Val of a portion of Rhode Island Avenue North and abutting i' side•Ik adjacent to the proposed apartment building 4 gill' uction of cul-de-sacs at the north and south termination I' � orf i �. oihts of Rhode Island Avenue. iii. Relocation of utilities under Rhode Island Avenue including the Metropolitan Council Environmental Services sanitary sewer force main, City watermain, sanitary sewer, storm sewer and other public utilities. iv. Excavation and grading the area where the roadway and sidewalk are removed. v. Establishment of permanent vegetation, including native vegetation buffers in areas near wetlands and water bodies, consistent with City and Watershed requirements. 6 vi. Construction of a shared maintenance access and recreational trail. vii. May include other structural and natural amenities such as lighting, benches, signs, retaining walls, railings, and trees and landscaping. d. The necessary environmental remediation, if any, as budgeted by the City, as recommended by environmental reports/assessments issued to the City and located within that portion of Subject Property where the Flood Mitigation Improvements Constructed by the City will be located. 8. Special Assessments for Public Improvements Constructed by Developer.The City will construct the Flood Mitigation Improvements Constr f 00 by the City using the proceeds from the Tax Increment Bonds. The City . Iso fund other public improvements related to the Property '1 p Subjectp y �� .� � . roperty, other than the Flood Mitigation Improvements Constructed by th t, un•eq inn. Stat. Ch. 429 as a special assessment project when appropriate in, . ble discretion ',f the City. Costs and allocation to benefiting property own :..' II be determined he City. Special Assessment to the Subject Property sfikt 1•e not more than $50b 0 e I for such other ti public improvements (other than the Flo•` itigati•, )y„ proveme '' °gib onstructed by the City). Developer agrees t such amou . l ncreased due requests made by Developer or if approved�� . doper in a quent written document. Developer hereby waives its r)) ip ublic hea6 nd/or appeal relating to assessments determined to benifit the tqt. . t Iv '...t, ,t'f. ?rt" nt , 9. License. The Developer,ya d its succs ors . j � hereby grant the City, its agents, employees, of vers and c n actors di.'.. If ente W Subject Property, upon reasonable prior r itten n• e to Deve It -r, during the site development, including construction, and— ; nd ,m er,to • •rm all work and inspections applicable thee .{i lc tem • n. t't6 : re i nt. il,t10. 'Property Fees, Charges an. '°'sessments:The Developer shall pay all applicable fees, char s, and assessr s for ° 123 the Project and the Subject Property. The fees shall include, without�l Ration, following: i a. Park Det tion Fee. ; The Developer DeveiO09r,ilifliOSsed a Park Dedication Fee of$60,100 per City Code. Payment in full is reqUi4crOrior to the City's signing and release of the Final Plat and the issuance of any building permits. b. Legal Fees. It is anticipated that the City will incur legal fees and associated costs related to the drafting and recording of easements and agreements for this PUD. The Developer shall submit a cash deposit (escrow) in the amount of$10,000 for attorney's fees and costs and legal processing fees and costs. Payment in full is required prior to the City's signing and release of the Final Plat and the issuance of any building or site permits. The City shall treat the deposit as a separate account on its books. All interest earned on the deposit shall accrue to the City. When any amount becomes 7 due and payable for such fees or costs,the City shall deduct the amount from the deposit upon the City's receipt of invoices for the same. If the amounts due and payable exceed the amount then on deposit with the City to pay such fees and costs, the Developer shall, upon the City's written request, again promptly deposit an additional $10,000 with the City for attorney's fees and costs and legal processing fees and costs, with such additional deposit to be held and applied in the manner set forth in this paragraph. After the payment of all such amounts, the City, within twenty (20) days, shall refund to the Developer the balance of the deposit, if any, without interest. 4111,, „Ilc. Other Fees. i 's The Developer understands that the Dever a t:' be required to pay for the Subject Property fees, charges and asses.`' ' is in #I.` -ct at the time of issuance of building permits. The rates for each "Apse items w` set according to the current rate structure at the timet wilding permit is d. '. . 'tiiii. 11. Financial Securities for Site Improvemen3 stalled, ,Developer`s"(' Developer shall submit to the City a cash de Sit or stand-bey.r 0 4 e letter of creel a form acceptable and issued by a Ib eking instit� 'l acceptable to the City Attorney for the following: s. 'il ,ti . SII, Ilr- a. 125%of the ep ted cost tt rnish ft p tall all liipt materials identified in the .0./A,,, ,i ?!ah forjF D 123 (calculated at$83,000 x 125% =$103,750) which will be on filezln`the Physical Develop t epartni '("Landscape Security"). The Landscape'Seccurity wild tie reduced b 66%following installation of landscape materials perthe approved flan and` pn acceptance by the City. The remaining balance of.the Landscapefc ri `Setyywill'b jretained by the City for a warranty period of one zyear�following installationnd cceptance by the City to ensure survival of ,,,1:,,the plant mato, Th aining balance of the Landscape Security will be ; leased follow $1 Ohe CikAcceptance` of the one-year warranty inspection. Within thirty days ler te notice by Developer of conclusion of the warranty peri ,;City agrees '..perform the warranty inspection. Within ten additional days City will pr vide D: oper with either a list of corrections or final release documentition ( a ded by Developer) suitable for releasing the Landscape } h 3x-. Security. If at 'ons are required and upon notice by Developer that the corrections have been made, the ten-day inspection and ten-day notification or release will be followed. 12. Financial Securities for Public Improvements Constructed by Developer. The Developer shall submit to the City a cash deposit or stand-by irrevocable letter of credit in a form acceptable and issued by a local banking institution acceptable to the City Attorney for the following: 8 a. 125% of the estimated construction costs (calculated at$1,500,000 x 125% = $1,875,000.00) for the Public Improvements Constructed by Developer, including sanitary sewer and water systems, sidewalks, and pavement restoration of Winnetka Avenue and Medicine Lake Road, as described in this Agreement and the final review of the completed improvements by the City's Engineer ("Security for Public Improvements Constructed by Developer"). This letter of credit or cash deposit may be reduced no more than four times annually until completion of the Public Improvements Constructed by Developer. Five percent (5%) of the Security for Public Improvements Constructed b Developer will be retained by the City until a one-year warranty period folio 1 i$final acceptance of the Public Improvements Constructed by Developerf 1.:leen completed. Within thirty days after the notice by Developer of c• r `�:`= of the warranty period, City agrees to perform a warranty inspectidn fthe ct construction. Within ten additional days City will provide D ' Toper with ei ,a list of corrections or final release documentation (p ed by Developer)�'S.i able for releasing the deposit. If corrections are req'u h ' and upon notice by Developer that the corrections have been made, the ay insp' tion and to -ay notification or release will be follow _tt' 114I' Tull,Ii; .kit ti b. Developer shall submit: eposit (esc �� ,for construction observation services in the amount of"$ (calcul < , fat % of the estimated cost to constry a Public Im` vements ' n tructe�*- Developer). The City shall treat suchdep las a separ ac t : . books.All interest earned on the deposit,tshall accru .,, the City t P f. any anio nit becomes due and payable for construbtiQp obser b tion servic he City shall deduct the amount from the deposit upon, .e �; eipt of I ,!ices for the same. After the payment of all such mounts; e ity shall nd ,1The Developer the balance of the deposit, ::,.!:4': if any, i ut int #' t. A let e - credit may not be deposited for this financial security. ; , ��,) .. ;(n the event th'eiveloperlrovides a letter-of-credit pursuant to any of the foregoing provis ,s of this Agreement, it shall concurrently therewith deliver to the'City,an execld letter-of-credit deposit agreement in form and substance acceptable to,thpity. Pr Any cash deposits or letter of credits required hereunder shall be delivered to the City prior to the issuance of any building permits by the City for the Subject Property and such cash deposit or letter of credit shall serve as security for the completion of the landscaping and construction of the Public Improvements Constructed by Developer at the Subject Property required hereunder. If the City incurs any expenses or costs as a result of an Event of Default (defined below), the City may draw upon any securities then on deposit with the City in an amount necessary to pay or reimburse the City for any such reasonable 9 expenses or costs incurred by the City as a result of such Event of Default, in accordance with this Agreement. To the extent the securities on deposit are insufficient to pay any such expenses or costs, the Developer will be responsible for the payment of such expenses or costs and the City will bill the Developer for such expenses or costs as they occur, in accordance with this Agreement. The City's rights with respect to any letter of credit or cash deposit provided hereunder shall not limit any other remedy to which the City is entitled under this Agreement or at law or equity, except to the extent that the City damages are reduced by its recovery from the securities on deposit. If after an Event of Default, all of the Developer's obligations her-7` ,er are completed by the Developer in accordance with this Agreem ti4 by the City acting on the Developer's behalf in accordance with t r lit : ent) and all Event(s) of Default have been cured, then the C yt' ll re :� ' all remaining securities on deposit to the Developer in the =A' =1r set forth i Agreement. Notwithstandinganything to the cont`ilt `' ontained herein, thee( .acknowledges and Yt g agrees that the total cumulative amount fte cashf Iliosit or the .d-by irrevocable letter of credit required underrSection 11 anti, c= ,j 12 hereof shall not exceed the total cumulative amount of 0,000. `this;,. 13. Developer's Default. Upon an Mut t o 'D It (defir d ;+elow), the City shall be entitled to all the remediesxp. i fitted by law or e i t}}la itho 'i Y.'ting the foregoing, with respect to an E '$nt oft? fault by th eve i + : a`s ny of'the work to be performed by it hereundpr';the CityM at its o� �@ -rform work and the Developer shall promptly reimburse the Ci (for any ex a incurred by the City, provided the Developer is first given n. ge wor default, not less than seven (7) days in advance,,The Develop, its p ful hority and a license to act as set forth in the,previous Mance f. • ing an Evil* efault, and it shall not be necessary for the Cit, to seek a coup der f iL `p rmission tenter the land. When the Citydoes anysuch t r . �"`; +ditiort e. s other remedies, levythe cost in whole or in part as wor)i =the City may, � a specia ssessment a; st the ubiect Property. The Developer waives its right to notice o li'` ring and h: king on such assessments and waives the right to appeal such assessment p suant t1.1 innesota Statutes, Section 429.081. The following shall be an "Event of Defaa � ' ,,r - is Agreement: (i)the failure by the Developer to pay when due and invoiced141 'ounts required to be paid by Developer under any provision of this Agreement and such failure continues for a period of sixty (60) days following written notice from the City to Developer; or (ii)failure by the Developer to observe and perform any covenant, condition or obligation on its part to be observed or performed under this Agreement and such failure continues for a period of sixty (60) days following written notice from the City to Developer. 14. Responsibility for Costs. a. Except as otherwise specified herein, the Developer shall pay all documented costs 10 incurred by it or the City in conjunction with the approval of the PUD and ensuring compliance with the Final Plans, including but not limited to reasonable legal, planning, engineering and inspection fees and expenses incurred in connection with approval and acceptance of the PUD, the preparation of this Agreement and other legal documents, and all reasonable costs, expenses, legal, engineering and planning fees incurred by the City in reviewing the application and related documents, and in monitoring and inspecting the progress of the Project. b. The Developer shall indemnify and hold the City and its officers, employees and agents harmless from claims for damages sustained or costs directly incurred resulting from development of the Project, const. 1 •.n and operation, except for such damages or costs resulting from the gros . Bence, intentional misconduct =i or intentional violation of this Agreement o. I •le laws and ordinance by the City, or its officers, contractors, agents o • • oye• c. The Developer shall reimburse the Ci ;reasonable i ff s incurred in the enforcement of Developer's oblig .� nder this Agree' -J.t, including engineering, building official, plan :jnd attorney's fees, Iii; for the City's performance of Developer's obligatio under th' ° greement bit a event that the Developer fails to comm ,e or compleM0ligations on a ti � y basis or as otherwise required here d d. The Developer shall pay in i '��umente• .;i submitted to it by the City for obligations properly incurre i der'tt. • • :reeme� v ithin sixty (60) days after receipt; if theyb re not paid' n time, , v ma OA all development work and construction. n t'heProperty un� the j : . : 1 in ull, and may draw on any of the security� eposited. reundert ,i; arge sdc bbligations. Bills not paid within sixty (60) days shall accrueinterest a�'h a rate of eight percent (8%) per year. D t ir 15. Failure to � In additionito ani r re ies permitted by law, in the event the Developer fails, opay anyi mount pay tto he City hereunder when due following A9 t • the expiration ofpapplicab fasset forth in this Agreement, the City may charge such amount; wholet�o �n part, as a special assessment against the Subject % Property. ,;, 16. Miscellan r ,till, a. The Developer `epresents to the City that, to the best of Developer's knowledge,the development of(t a Subject Property as contemplated herein complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. b. Third parties shall have no recourse against the City under this Agreement. c. In addition to any other remedies available to the City, breach of any term of this Agreement by the Developer following the expiration of applicable cure periods as set forth herein shall be grounds for denial of building permits. 11 d. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement, any amendments hereto, and conditions of the Ordinance are binding on all successors and assigns of the Deve e jiL,:, shall run with the land and shall be recorded against the title to the Subje. 1 N .erty. This Agreement must be recorded in the appropriate Hennepin Cou o l tit cords at the expense of the Developer and a copy of the recorded e e&ted Adent provided by the Developer to the City. This Agreement )"II have priorver all mortgage liens to which the Subject Property may bmiN,bject. The Develop r pall provide evidence satisfactoryto the Citythat, whent greement is record' is prior to all i , kilts. mortgage liens to which the Subject Property m j subject. j1 g. Developer, its successors,and assigns, agree ,t. a �t de the execut o pf amendments to this Agrerer a .teas are nec ii, to effect the recording and priority hereof. After the Develops lfa �! .leted alit , work and obligations required of it under this Agreement, at thi z ve N';;request, City will execute and deliver a release to the-R.� to er as foil e obli �;, relate = ,such work. h. Each righttj we o inedy he co. _� ;se the City is cumulative and in addition ,every oth ght, po� ' '"` edy, - ess or implied, now or hereafter arising, available to they, at law ii equity, or under any other agreement, and each and ever .ri ht e Rlad rem / herein set forth or otherwise so existing rr rcised ro , timet as c � nand in such order as may be deemed expedientbythe City �l shall no waiver of the right to exercise at any time thereafter anyio ,er right power or remedy. i. peveloper may nqtlassign°thi .Agreement without the written permission of the City which permission v anot be unreasonably withheld, delayed or conditioned. j. The Developer represents to the City that no material misrepresentations have I been or ,:ai pe mad or has any materially inaccurate information was or will be provided 641 City y the Developer during the City's review process of the PUD application or Ili k. Notwithstanding any provision of this Agreement to the contrary, to the full extent permitted by State laws, any further development or construction of new improvements and any additions or alterations to existing improvements not expressly approved under this Agreement will require additional approvals from the City, as required by City ordinances, and in full compliance with any amendments to the City's Comprehensive Plan or Zoning Ordinance requirements enacted after the date of this Agreement. 12 17. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer or mailed to the Developer by registered mail at the following address: Liberty Crossing Investment Partners, LLC Attn: Chief Manager5402 Parkdale Drive #200 Minneapolis, MN 55416 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in c. '1,19f the City Manager at the following address: i � � City Manager ,. City of Golden V",„.1;:, �f1 =, X14: s 7800 Golder? , ley Road ' i Golden V i 'r N 55427 , ?, ii,1 iiiiilll til¢ 1 itx ii. 431 $ . , a 'Ya i4' s.q '01,,]:.2, a; i 4 1 3#r a x .l¢ I p;41.'¢4 x Sq haat" H.441148 Ii' '41)ti k$A. x 3 1x i ^. D 4' a x T 3, 3r 13 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor �s.,4 #I'4',By ' .i " i` ‘ Timot ib Cruikshank, City Manager iP ' DEVEL k 44145$5$ if LIBERTY CROSSING INVESTMENT PARTNERS, ;. i. $}A ,1By: ,1:.Todd Schachtman, Chief Manager 9= k F cn dz, ix 14 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of December, 2015, by Shepard M. Harris, Mayor, and Timothy J. Cruikshank, City Manager, of the City of Golden Valley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. = sm fl N9pubIic x 1": STATE OF MINNESOTA ) 'iii ,- COUNTY OF HENNEPIN ) ,, :3 The foregoing instrument was,acknowledged befo`rel, his '':111day of December, 2015, by Todd Schachtman, Chief Manager of Liberty oss ) ti tint Partners, LLC, a Minnesota limited liability company, on behaff:of the limm4 ll bility coli any. c;4 �5 4'j `;':Iii H> 1 -,.‘,',ii!'.';,.. Y #96 fid; notary Public THIS INSTRUMENT WAS DRAFTED BY ' i_, BEST & FLANAGAN'>LLP (TGG) 60 South Sixth Street,;Suite 2700',..:', Minneapolis, Minnesota'554i4 TEL 612.339.7121 15 ATTACHMENT 1 [Copy of the Ordinance attached.] fid . : ` , 4eRd« ° » ~ ƒ, « ` `%ƒ' Oil \ > d» ±9•,,;.;`,,, /` C / * � � , y : }w> y , ©2 ««. 2: . ,y. m -' , . t° Qy 2? \ ': «y« ' } : ” ' , y yl y v9< °y: ? y m <m: 2d« Wsb a6w«. . ±2z >» yv w9 ?AaS.s m » wavy. ,. §d ` i ( 0 /\ 1, a. , \ /» \ 92 \ i � '11, d\ Gm ' y 16 ATTACHMENT 2 Parcel 1: Lot 1, Block 1, Golden Valley VFW Post Number 7051, according to the plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1409819. Parcel 2: ' xa i : Ky' ''1 ,i.. Lot 2, Block 1, McTac Addition, according to recorded p' 1 thereof, Hennepin County, Minnesota. 4.4t-til:' ''‘°101; BeingRegistered land as is evidenced byu' tficate of Title No. 120. 9� 9 ,-1.:.i., Parcel 3: { , The West 374 feet of the North 205 f et of Th ; puth 866,1 t of the Northwest Quarter of the Northwest Quarter of section 2 ;ownsh OR, Rah 21, except the West 33 feet thereof, according to the United States GRW' rr risiWurvey thereof, Hennepin 1,i ji,, fr, q '4nr County, Minnesota °{-` 1 11 ,ry , a q ,£, Being Registered land as is evidenced by Certificate of Title No. 1409821. s fq.� n -a s k Parcel# :i , Lot 1, Block 1, McTax Addition, according to the recorded plat thereof, Hennepin County, Minnesota. ' IV Being Registered land as isfeKidenced by Certificate of Title No. 1409822. Downloads\2015\Schachtman\DOCS-2270051-v2-Liberty Crossing PUD Development Agreement.ZPAComments.al.doc 17 Liberty Crossing P.U.D. No. 123 City Council Approval: July 21, 2015 Amendment #1: November 4, 2015 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Liberty Crossing P.U.D. No. 123 Location: 7751-7775 Medicine Lake Road, 2480 Winnetka Avenue North, 2430 Winnetka Avenue North, and 2485 Rhode Island Avenue North, Golden Valley, Minnesota Legal Description: Lots 1-65, Block 1, Liberty Crossing P.U.D. No. 123 Applicant: Intuitive Investments Address: c/o Steven Scott Management, 5402 Parkdale Drive #200, Minneapolis, MN 55416 Owner: Liberty Crossing Investment Partners, LLC Address: c/o Steven Scott Management, 5402 Parkdale Drive #200, Minneapolis, MN 55416 Zoning District: High Density Residential (R-4) Permitted Uses: To allow for the construction of a five story, 187-unit, apartment building with one level of below grade parking and 55 townhome units. Components: A. Land Use 1. The plans prepared by Tanek, submitted with the application on May 21, 2015, and June 8, 2015, and amended through plans submitted September 29, 2015, and October 9, 2015, shall become a part of this approval. 2. A Park Dedication Fee of$60,100 shall be paid by the developer prior to release of the Final Plat and the issuance of any building permits. B. Construction 1. The recommendations and requirements outlined in the memo from the Fire Department to the Planning Manager dated June 15, 2015, shall become a part of this approval. Liberty Crossing P.U.D. No. 123 Page 2 2. The recommendations and requirements outlined in the memos from the Engineering Division to the Planning Manager dated June 18, 2015, shall become a part of this approval. 3. Public bicycle racks or similar facilities for the parking/storage of a minimum of 14 bicycles shall be provided, based on a calculation of 5% of the 276 parking spaces required for the apartment building 4. All signs on the property must meet the requirements of the City's sign code. 5. A neighborhood communications plan regarding the construction schedule must be established prior to issuance of a building permit. C. Grading, Utilities, Access and Other Engineering Issues 1. The recommendations and requirements outlined in the memo from the Engineering Division to the Planning Manager dated June 18, 2015, shall become a part of this approval. 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. 123" in its title in accordance with City Code. 3. The applicant shall enter into a Development Agreement with the City in conformance with City Code and in a form acceptable to the City Attorney. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on July 21, 2015 and amended on November 4, 2015. Any further changes to the PUD Permit for Liberty Crossing P.U.D. No. 123 shall require an amendment. Liberty Crossing P.U.D. No. 123 Page 3 INTUITIVE INVESTMENTS 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. Resolution 15-105 December 15, 2015 Member introduced the following resolution and moved its adoption: RESOLUTION FOR APPROVAL OF PLAT - LIBERTY CROSSING P.U.D. NO. 123 WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the proposed plat to be known as Liberty Crossing P.U.D. No. 123 covering the following described tracts of land: The West 374 feet of the North 205 feet of the South 860 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 118, Range 21, except the West 33 thereof. and Lots 1 and 2, Block 1, MCTAC ADDITION and Lot 1, Block 1, GOLDEN VALLEY VFW POST NUMBER 7051 WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. 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. 0 C ui -_ `� o - 0 � � '0 ] 0 t \\\ \ 2-, \ 0 \) ` •0 - c t t \)\ ! D m Q ( L. / \: _ 2 \\/ \ j cvCt \\) \!! } \ ) \ I Mt Hi 2, -_ M ' � \ \ '''. -t Li / : _ \ - 2f] ) - \ 0 i : ) - § ) } - 0 Ul ( }( / _ / - / §,.! u | z_ ! 43 . k - z 8 -/ \( 1\ 'a ° i 5. 5 j - ® 0 D a. CD z ! I _ : \ h 3 \\\_ V) J \ ` 11 5t ta a 2 , I \ _ lal - :6; \ Lt 14 gi /\§ - Ele_ ! 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I -..- A I 1 .6 8; 1 l', ;1.," O ft I. 00,0 00.,0 00.:,, •Tr., '..,.., ,.. t,•::::, nit') C ; ,- !, , - ,;.,--00911 1503- -' ri, i ... r I 21 71'1 2 g-21 I , 0 0."'"' 0("*E0°°*zo m''' :'.. i 0 4-,0-0 E 4 • 0 09 \ ' .• . ,\ 00 911 1019 y.2- ...-...--- t•., 8 - iisvoi COVE ) i0o111L ' *919e 369.9a69S _ _ _ - •! C .'' . S •. ,,• • v - f9 6950 366.69S I 7101! 1 co I?aBuell'HT dlys0/99,1.'50 091095 10 1911900 1....10 .090. 0N 011 41-1111--------- V __ __ vc.iisii-i ,,,C.11•11 7 - I `;`., ;:', I 1'1,',-71..-75;C-11 'c'';!•:1 .::71 5..i., ;'•.I.-71--1:31^1 V I 1 .1 °9 I city of golden MEMORANDUM Valley Physical Development Department 763-593-8095!763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2015 Agenda Item 6. D. METRO Blue Line Extension Update Prepared By Jason Zimmerman, Planning Manager Project Summary On December 9, the Metropolitan Council voted to approved the revised project scope and cost estimate for the METRO Blue Line Extension, which included key items requested by the City of Golden Valley. The distribution of the approved plans to each of the BLRT cities, Hennepin County, and the Minneapolis Park and Recreation Board will officially begin the Municipal Consent process. This distribution has been slated for the week of December 14. One printed set of plans will be provided for public review at City Hall. Due to the current renovations underway at the Hennepin County Library, a second set of plans will be housed at Brookview Community Center. Links to the digital version of the plans will be provided on the City website. The Met Council, Hennepin County, and the Hennepin County Regional Rail Authority are anticipating a joint Open House and Public Hearing on January 19, 2016. Staff recommends holding the Golden Valley Open House and Public Hearing at the February 2, 2016, City Council meeting and voting on Municipal Consent at the City Council meeting on February 16, 2016. Additional details about the Municipal Consent public hearing process, including a communications plan, will be prepared for discussion at the January 12 Council/Manager meeting. Recommended Action Receive and file METRO Blue Line Extension Update.