Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
09-20-16 CC Agenda Packet (entire)
AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber September 20, 2016 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call C.Board/Commission Oath of Office and Presentation of Certificate of Appointment 2.ADDITIONS AND CORRECTIONS TO AGENDA 3.CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member 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 September 6, 2016 3-7 B.Approval of City Check Register 8 C.Licenses: 1. Approve Temporary Liquor License for Valley of Peace Lutheran Church 9 2. Gambling License Exemption and Waiver of Notice Requirement - PRISM 10-12 D.Minutes of Boards and Commissions: 1. Planning Commission - August 22, 2016 13-21 2. Open Space and Recreation Commission - May 23, 2016 22-23 3. Environmental Commission - May 23, 2016 24-25 E.Letters, Emails and/or Petitions: 1. Letter from Michael Pristash Regarding Resignation from Human Rights Commission 26 F.Receipt of August 2016 Financial Reports 27-35 G.Receipt of Notice of Metropolitan Council Action - General Land Use Plan Map, Comprehensive Plan Amendment - 1125 Tyrol Trail North 36-37 H.Second Consideration - Ordinance #613 - Amendment to the 2016 Master Fee Schedule for Increase in Emergency Water Rates 38-39 I.Set Public Hearing Date for Proposed Property Tax Levy Payable 2017 and 2017 Budget - 12/6/16 40 J.Reject Bid for Glenwood Avenue Sidewalk/Wayzata Turn Lane, Project No. 15-09 41-42 K.Board/Commission Appointment 43 4.PUBLIC HEARINGS A.Public Hearing - Preliminary Plat Approval - Tralee at Paisley Lane 1st Addition - 26 Paisley Lane 44-62 5.OLD BUSINESS 6.NEW BUSINESS A.Authorizing Issuance, Awarding Sale, and Prescribing the Form and Details And Providing for the Payment of: 63-83 1. $2,620,000 General Obligation Storm Sewer Revenue Bonds, Series 2016D 16-53 B.Approval of Brookview Community Center Construction Project Bid Packages and Authorize City Manager to Sign Contracts 84-91 C.Second Consideration - Ordinance #612 - Providing for a Local Lodging Tax 92-101 D.Appoint Staff Advisory Member to the Discover St. Louis Park Board of Directors 102 E.Liberty Crossing PUD No. 123, Amendment #2 - 2450 Winnetka Avenue North - Liberty Crossing Investment Partners, LLC, Applicant 103-107 F.Award Contract to Eureka Construction, Inc. for Liberty Crossing Flood Mitigation Project, City Improvement Project 15-16 108-111 G.Call for Public Hearing to Vacate Easements at 5301 Woodstock Avenue - 10/18/16 16-54 112-115 H.Authorize Agreement with Short Elliott Hendrickson Inc. for the Transportation Element of the 2040 Comprehensive Plan 116-124 I.Authorize Agreement with Barr Engineering for the Surface Water Element of the 2040 Comprehensive Plan 125-136 J.Adopting Proposed 2017 Budget and Tax Levy Payable in 2017 16-55 137-143 K.Announcement of Meetings 1. Future Draft Agendas: City Council October 5, 2016, Council/Manager October 13, 2016 and City Council October 18, 2016 144-146 L.Mayor and Council Communications 7.ADJOURNMENT Ctt 01 UNOFFICIAL MINUTES y , CITY COUNCIL MEETING 1 GOLDEN VALLEY, MINNESOTA valley y September 6, 2016 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1 B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Andy Snope and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk Luedke. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to amend the agenda of September 6, 2016, as revised: removal of 6G-Authorization to Sign amended PUD Permit for Tennant Company, 701 Lilac Drive North and replacement of page 49 of 31- Board/Commission Appointments with the corrected commission term and the motion carried. MOTION made by Council Member Snope, seconded by Council Member Clausen to approve the amended agenda of September 6, 2016, and the motion carried 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Schmidgall, seconded by Council Member Snope to approve the consent agenda of September 6, 2016, as revised: removal of 31- Board/Commission Appointments and the motion carried. 3A1. Approve Minutes of the Council/Manager Meeting of June 14, 2016. 3A2. Approve Minutes of the Executive Session of August 8, 2016. 3A3. Approve Minutes of the City Council Meeting of August 16, 2016. 3B1. Approve City Check Register and authorize the payment of the bills as submitted. 3132. Approve Housing and Redevelopment Authority Check Register and authorize the payment of the bills as submitted. 3C. Receive and file the gambling license exemption and approve the waiver of notice requirement for the North Star Chapter Rocky Mountain Elk Foundation. 3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - July 25, 2016 2. Board of Zoning Appeals - July 26, 2016 3. Open Space and Recreation Commission - April 25, 2016 3E. Authorize Agreement with WSB and Associates, Inc. to provide Engineering Services for the DeCola Pond F Dredging Project not to exceed $21,750. 3F. Call for a Public Hearing for Certification of Special Assessments for Wednesday, October 5, 2016, at 6:30 pm. 3G. Adopt Resolution 16-49, authorizing Issuance and Sale of: $1,290,000 General Obligation Storm Sewer Revenue Bonds, Series 2016D. 3H. Approve requests for beer and/or wine at Brookview Park as recommended by staff. Unofficial City Council Minutes -2- September 6, 2016 3. ITEMS REMOVED FROM THE CONSENT AGENDA 31. Board/Commission Appointments Mayor Harris read the commissioner's names, the commissions they are appointed to, and the length of their terms. MOTION made by Council Member Clausen, seconded by Council Member Snope to make the following appointments and the motion carried. Human Rights Commission Gloria Peck 2 year term - expires May, 2018 Hattie Bonds 3 year term - expires May, 2019 Kyle Pettersen-Scott 3 year term - expires May, 2019 Human Services Fund Peder Hanson 3 year term - expires May, 2019 Planning Commission Amy Blenker 1 year term - expires May, 2017 4. PUBLIC HEARINGS 4A. Public Hearing - First Consideration - Providing for a Local Lodging Tax Director of Parks and Recreation Birno and Finance Director Virnig presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt first consideration Ordinance #612, providing for a Local Lodging Tax upon a vote being taken the following voted in favor of: Clausen, Fonnest, Snope, Harris and Schmidgall, the following voted against: none and the motion carried. 6. NEW BUSINESS 6A. Financing for the New Brookview Community Center Finance Director Virnig presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. There was much Council discussion regarding the financing for the new Brookview Community Center. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 16-50, relating to the issuance by the Golden Valley Housing and Redevelopment Authority of Lease Revenue Bonds; authorizing the execution of a Ground Lease and Lease- Purchase Agreement providing for the Lease of Certain Property upon a vote being taken the following voted in favor of: Harris, Fonnest, Clausen, Schmidgall and Snope, the following voted against: none and the motion carried. Unofficial City Council Minutes -3- September 6, 2016 6B. Authorization to Sign the Amended Agreement with Breck School for Community Service Officer City Manager Cruikshank presented the staff report and answered questions from Council. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to authorize the Mayor, City Manager and Police Chief to sign the amended Community Service Officer Agreement with Breck School for the 2016-2017 and 2017-2018 school years and the motion carried. 6C. Second Consideration - Amending City Code Section 9.07, Modifying Winter Parking Regulations Physical Development Director Nevinski presented the staff report. MOTION made by Council Member Fonnest, seconded by Mayor Harris to adopt second consideration Ordinance #611, amending Section 9.07: Winter Parking Regulations upon a vote being taken the following voted in favor of: Fonnest, Harris and Snope, the following voted against: Clausen and Schmidgall and the motion carried. 611). Approval of Plat - Central Park West PUD No. 121 Second Addition and Authorization to Sign PUD Permit - Central Park West PUD No. 121 Associate Planner/Grant Writer Goellner presented the staff report and answered questions from Council. MOTION made by Council Member Snope, seconded by Council Member Schmidgall to adopt Resolution 16-51, approval of Plat - Central Park West PUD No. 121 Second Addition upon a vote being taken the following voted in favor of: Snope, Fonnest, Clausen, Schmidgall and Harris, the following voted against: none and the motion carried. MOTION made by Council Member Snope, seconded by Council Member Fonnest to authorize the Mayor and City Manager to sign the PUD Permit for Central Park West PUD No. 121 Amendment #2 and the motion carried. 6E. Authorize Submittal of Application for Hennepin Youth Sports Program Grants for Isaacson Park Ball Fields Director of Parks and Recreation Birno presented the staff report and answered questions from Council. There was Council discussion regarding the Hennepin Youth Sports Program Grant for Isaacson park ball fields. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 16-52, authorizing Submittal of Application for Hennepin Youth Sports Program Grant for replacement and addition of outdoor field lights and bleachers at the Isaacson Park ball fields upon a vote being taken the following voted in favor of: Clausen, Schmidgall, Harris, Fonnest, and Snope, the following voted against: none and the motion carried. Unofficial City Council Minutes -4- September 6, 2016 6F. First Consideration - Rate Increase for Emergency Water Supply Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt first consideration Ordinance #612, amending the 2016 Master Fee Schedule for City Utility Bill Rate Fee for Emergency Water Supply upon a vote being taken the following voted in favor of: Clausen, Harris, Fonnest, Schmidgall and Snope, the following voted against: none and the motion carried. 6� Author+zatmon to Sign Amended PUD Permit - Tennant Company PUD N0. 114,, Arnendment #11 - 701 LmlaG Drove North Item was removed from agenda. 6H. Approval of Elected Official Out-of-State Travel City Manager Cruikshank presented the staff report and answered questions from Council. MOTION made by Council Member Snope, seconded by Council Member Fonnest to approve the reimbursement of requested out-of-state travel for Council Member Clausen and the motion carried. 61. Announcements of Meetings Some Council Members may attend the Golden Valley 2016 Employee Social on September 7, 2016, at 4 pm at Brookview Golf Course. Some Council Members may attend the Golden Valley Historical Presentation - Steve Marking: History of Logging Industry on the Mississippi River on September 8, 2016, at 7 pm at the Society's Historic Church, 6731 Golden Valley Road. Open for Business will have office hours at the City of Golden Valley on September 9, 2016, from 9 to 11 am in the Council Conference Room. Some Council Members may attend the Golden Valley Community Foundation Moonlight Golf Scramble on September 9, 2016, at 6 pm at New Hope Golf Course, 8130 Bass Lake Road. Some Council Members may attend the Sandburg Athletic Facility Grand Opening on September 10, 2016, from 10 to 11 am at the Sandburg Learning Center. Some Council Members may attend the Human Rights Commission & PRISM Scavenger Hunt at Market in the Valley National Day of Service and Remembrance on September 11, 2016, from 9 am to 1 pm at the City Hall Campus. Some Council Members may attend the Market in the Valley on September 11 and 18, 2016, from 9 am to 1 pm at the City Hall Campus. The next Council/Manager meeting is September 13, 2016, in the Council Conference Room. Some Council Members may attend the Brookview Construction Neighborhood Information meeting on September 14, 2016, from 6 to 7 pm at Brookview Community Room. Unofficial City Council Minutes -5- September 6, 2016 61. Announcements of Meetings - continued Some Council Members may attend the Golden Valley Arts & Music Festival on September 17, 2016, at 6:30 pm at the City Hall Campus. Some Council Members may attend the Comprehensive Plan Kick-Off Open House on September 19, 2016, at 6:30 to 8:30 pm in the Council Conference Room and Chambers The next Council Meeting will be held on Tuesday, September 20, 2016, at 6:30 pm. Some Council Members may attend the Beyond the Yellow Ribbon - 2nd Annual "Glow Golf' on September 22, 2016, at 7 pm at the New Hope Golf Course, 8130 Bass Lake Road. The League of Women Voters Candidate Forum will be held on September 22, 2016, from 7 to 9:30 pm in the Council Chambers. Some Council Members may attend the Kelly Drive Pumpkin Festival on October 1, 2016, starting at 11 am at the Kelly Drive/Duluth Street Intersection. Some Council Members may attend the Great Bowls of Fire - Chili Cook Off neighborhood party on October 30, 2016, from 4 to 7 pm at 1315 Valders Avenue. 6J. Mayor and Council Communication Mayor Harris said he was asked to attend a neighborhood meeting at Laurel Hills West Apartments on September 7, 2016, to provide an update of events happening in the City. He also said that residents are excited about the pilot program for the off-leash dog parks at Gearty and Medley Parks from 7 am to 10 pm. The program will run until winter rink maintenance operation begins. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Snope and the motion carried unanimously to adjourn the meeting at 7:39 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 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. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. C. 1. Temporary On-Sale Liquor License - Valley of Peace Lutheran Church Prepared By Kris Luedke, City Clerk Summary The Valley of Peace Lutheran Church has applied for a temporary on-sale liquor license for Saturday, October 1, 2016, from 6 pm to 9 pm for their “Night to Benefit Kids Event”. The event will be held inside their church located at 4735 Bassett Creek Drive. Church volunteers will check ID’s and tag each person with a wrist band to identify the person is of legal drinking age. Each person will be limited to one beer. The City Code does provide for temporary sales of liquor with Council approval. Also, required is a certificate of liquor liability insurance naming the City as an additional insured in the amount of $1,000,000. The Church has provided the required insurance certificate. Recommended Action Motion to approve a temporary liquor license for the Valley of Peace Lutheran Church for the Night to Benefit Kids Event on Saturday, October 1, 2016 from 6 pm to 9 pm. city 0 olden MEMORANDUM valley City Administration Council 763-593-3991 /763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement- PRISM 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 PRISM. 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 year. application fee is $300; otherwise the fee is$150. 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 � 'C n l Previous Gambling Name: 1-x'"1 Permit Number: Minnesota Tax ID ' 1 ( I 1i 1 Federal Employer ID Number, if any: Number (FEIN), if any: Mailing 1,V urim -�qa Address:1,V \ City: GouehVa1�q State: Zip: �3�County: u s Name of Chief Executive��Officer (CE\O): ►tn,�Ie Daytime Phone:J(P3,`73D•ga01 Email: ��1eSS� 6YY1Y►-t.p�s,y►-e1 NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans 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.) ❑ A 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 171 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-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 ((,�-,1� rr ( ,�p (for raffles, list the site where the drawing will take place): �flfl� IAIJ4 l mYcR Address (do not use P.O. b� Q �W o/x): aco City `de h , vQ f Zi �1_p: 6b(14Y County: (f Township: V Date(s) of activity (for raffles, indicate the date of the drawing): c Y Check each type of gambling activity that your organization will conduct: ❑Bingo* ❑Paddlewheels* F-1 Pull-Tabs* ❑Tipboards* Raffle (total value of raffle prizes awarded for the calendar year: $ 10 000 ) * 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. 5/1LG220 Application for Exempt Permit 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 XThe 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: AQ/&Wya`/lei/ Print County Name: Sigture o ity erson I: Signature of County Personnel: ae Title: Wt✓ Date: 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 submitting application to the deny an application, per Minn. Statutes, section 349.213.) 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 returne to the Board within X days of the event date. / Chief Executive Officer's Signature: C Date: 1I1-11-13II My ng R���}}-`�(S ture must be CEO's signature;designee may not sign) Print Name: M ng 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 Regular Meeting of the Golden Valley Planning Commission August 22, 2016 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, August 22, 2016. Chair Segelbaum called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Johnson, Kluchka (arrived at 8:18), and Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner, Planning Intern Chloe McGuire Brigl, and Administrative Assistant Lisa Wittman. 1. Approval of Minutes July 25, 2016, Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Baker and motion carried unanimously to approve the July 25, 2016, minutes as submitted. 2. Informal Public Hearing — Minor Subdivision — 26 Paisley Lane — SU12-20 Applicant: GreenWood Design Build, LLC Address: 26 Paisley Lane Purpose: To reconfigure the existing single family residential lot into two new single family residential lots. McGuire Brigl explained the applicant's request to subdivide the property at 26 Paisley Lane into two new lots. The existing single family home would be demolished, and two new single family homes would be constructed. McGuire Brigl referred to a site plan of the property and explained that Lot 1 would be 15,337 square feet in size and Lot 2 would be 16,369 square feet in size and both proposed lots would have approximately 90 feet of width at the front setback line. She added that the minimum lot size requirement for these lots is 15,000 square feet and the minimum required width at the front setback line is 80 feet. She reviewed the conditions for approval or denial outlined in the City Code and said staff is recommending approval of the proposed subdivision as it meets all of the requirements. Waldhauser asked if there is a need for additional sewer and water access or if both new lots will have access. Zimmerman stated that there is already one hook up from the existing house so one additional hook up will be needed as a result of this subdivision. Johnson referred to the tree preservation plan and asked how that is enforced. Zimmerman stated that tree preservation plans have always been required as part of the construction process and reminded the Commission that the Subdivision Code was Minutes of the Golden Valley Planning Commission August 22, 2016 Page 2 recently amended to require a tree survey before subdividing the property in order to establish the number of significant trees, the species, and the location to accurately track the trees before and after a subdivision. Waldhauser noted that there are several ash trees on the property and asked if trees that are likely to die or be removed are counted in the tree survey. Zimmerman stated that the City Forester will review the tree survey and verify that the trees are healthy. Johnson referred to the survey of the property and asked if the encroaching shed located on the property to the south will have to be addressed. Zimmerman said it does not have to be addressed as a part of this proposal, but if a future property owner has an issue with the location of the shed the neighbor to the south will have to move it. Segelbaum referred to the conditions for approval or denial and asked if the City could only deny a subdivision if those conditions are not met. McGuire Brigl said yes. Blum said he noticed that both of the proposed lots are larger than 15,000 square feet in size and asked how the recently amended subdivision regulations affected this proposal. McGuire Brigl explained that if the properties within 250 feet of the subject property are greater than 18,000 square feet on average then the newly subdivided lots have to be 15,000 square feet in size. Baker asked how many lots were within 250 feet. Zimmerman said there were between 12 and 20 lots taken into consideration. Scott Loehrer, GreenWood Design Build, Applicant representing the property owner, said this is the first subdivision they have done, but they've done work in Golden Valley in the past and that these are great lots. Johnson said the City has heard complaints from residents about noise and asked Loehrer if he has any plans to manage the neighbors' concerns. Loehrer said he tries hard to communicate with neighbors. He said he doesn't let his crews start until after 7 am and tries to have work end by 5 or 6 pm. He said the challenge is if he makes the work hours shorter it takes longer to build the houses. Baker stated that this neighborhood has had several homes being built at the same time and the City has heard complaints about obstructions in the road. Loehrer said he or one of his job supervisors is on site every day and they are pretty strict about making sure they are parking on only one side of the street and that they are not blocking mailboxes, etc. Zimmerman noted that the City has a construction agreement that builders sign stating they understand the City's regulations regarding hours, noise, etc. Baker asked Loehrer if they will be constructing both new homes at the same time. Loehrer said yes. Segelbaum asked if these will be custom homes. Loehrer said yes. Segelbaum asked Loehrer if he has any philosophies regarding saving trees. Loehrer said they try to save trees whenever possible but they don't save trees that they know are going to die. He added that trees make the properties look better and there is additional cost to remove them. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 3 Segelbaum asked about the size of the proposed homes. Loehrer said they will be two- story homes approximately 3,000 square feet in size or more if they have a basement. Segelbaum opened the public hearing. Peggy Newstrom, 6100 Glenwood Avenue, said it makes her sad to lose so much green space and the hawks and bunnies on the property will have a hard time. She noted that there have been three new homes built on Brunswick Ave. recently and two of the neighboring properties have had water damage. She said the foundations of the new homes being so high can cause flooding on other properties and she is concerned about flooding in her home and losing plants in her yard. She submitted a letter addressing her concerns and said she would be happy to meet with the City Engineer. John Segner, 125 Paisley Lane, said he agrees with the previous speaker. He said over the past 3 to 4 years there have been 5 or 6 subdivisions in the area and there have been some water issues and flooding in his back yard. He said he doesn't think the tree survey that was done is anywhere near accurate. He went to the property and did a tree survey and said that they will take down approximately 400 feet of trees. He said they will be taking down close to 10 trees, the diameter of which is close to 20 feet and he doesn't know how they are going to replace as many trees as they are suggesting. He said tonight is the first time he has seen the developers proposal and he has just learned that the homes will be placed as far into the front yards as possible which will be the most intrusive location and will result in the highest number of trees coming down. He said he is highly skeptical of the tree survey and noted that the mailing he received from the applicant had errors. He said the combination of the trees, the flooding, and the amount of development in this neighborhood is disappointing. He said he understands the 15,000 square foot requirement is an attempt to mitigate some of the issues, but it is dramatically changing the neighborhood and the idea of going through another summer of construction is really frustrating. Johnson asked Segner if he has experienced flooding. Segner said yes, there was new construction on the street behind him and the water that was supposed to go toward their front yards is now going into his backyard and flooding it out. Kathy Watkins, 112 Paisley Lane, said she is very saddened by this house being torn down because it was always well maintained. She said from what she can tell all the trees will have to come down to make room for these two new houses. She added that the front of her yard is below the street level and it ponds every spring and it takes a long time for the rain water to soak in. She said she knows from all the construction in the neighborhood that they always raise the foundations up and that means more water in her yard. She said there are several neighbors who get more water in their yards than they used to. She said she is concerned about more drainage coming into her yard and questioned who will take care of it. She said she also doesn't want vacant-looking lots with weeds, tall grass, and big holes like some of the ones that have been sitting for well over a year. Ellen Mickelson, 6140 Glenwood Avenue, said she agrees with what her neighbors have said and noted that her living room will face these two new homes which is disappointing. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 4 She stated that staff said that this proposal is preserving the character of the neighborhood and questioned how. She said it is not because they are tearing down trees and putting up two-story homes. She said she is concerned about drainage, damage to her foundation and to the drainage system she recently installed. She said she has spent a lot of effort making her yard beautiful and she doesn't want any of the trees to be damaged. She said she is also concerned about noise and asked what happened to the moratorium and if that was done just for fun. She asked if the location of her shed would be grandfathered in and said it is not right that she should have to spend money to move it. Peggy Newstrom, 6100 Glenwood Avenue, said she wants the builder to be aware of how terrible the soils are, and of the natural springs in the area. Seeing and hearing no one else wishing to comment, Segelbaum closed the public hearing. Baker said the common theme is the flooding issues and asked about the code requirements in regard to raising the grade of a property. Segelbaum asked about the code requirements relative to water run-off. Zimmerman said the code only allows a one- foot difference in height when a house is removed and a new one is built in its place. He explained that the code allows the City Engineer to establish a new base grade when a home is built in a new location and that some lots need to be raised in order to get the correct drainage. He stated that the amount of water flow off the lot should be no more than what is there today and that more detailed plans for grading and drainage are submitted during the building permit process. He added that the builder is responsible for making sure that the grading matches any approved plans. He said that staff would take a look at the other properties recently constructed on Paisley Lane. Segelbaum asked if the focus is on making sure that run-off is not worsened. Zimmerman said yes. Segelbaum asked what recourse neighbors have. Zimmerman said that staff can hold builders to the plans that were approved by the City. Baker referred to the survey and noted that it shows that the water will flow west toward the street and between the lot lines down to the street. He said he would like to know to what extent the City can ensure the outcome. Zimmerman reiterated that the builder will be held to the approved grading and drainage plans. Baker questioned if rain gardens could be a possibility in this case. Zimmerman said that is a potential way to meet the standards. Waldhauser asked if installing catch basins would be an option. Zimmerman said he didn't know. Segelbaum asked if the tree survey is certified. Zimmerman said yes. He explained that the code requires a survey to be done by a certified professional and reiterated that the City Forester will verify its accuracy. Segelbaum asked how far forward a home could be placed on the lot. Zimmerman stated that the front yard setback is 35 feet, but that the home could be placed anywhere within the buildable area. Baker asked about the height and depth requirements. Zimmerman reviewed the "tent- shaped" setback requirements. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 5 Segelbaum asked how long a lot can be left unbuilt. Zimmerman said there is no time limit to build, but there are property maintenance requirements in regard to mowing, weeds, etc. Baker asked if a neighborhood meeting is required for subdivisions. Zimmerman said if it is a straightforward request with no variances a meeting with the neighborhood is not required. However, the applicant is required to mail a summary of their proposal to the neighbors. Baker asked Zimmerman to address the question about the recent subdivision moratorium. Zimmerman explained that the moratorium occurred at the end of 2014. The City worked with a consultant and as a result changes were made to lot size, depth, and setback requirements, and several of the definitions. Baker stated that the subdivision study was not an easy process and he believes the outcome was a more restrictive subdivision code. He added that the moratorium was not ineffective but that the City may need another one in the future. He suggested people push the City Council for more review of the subdivision code. Segelbaum asked about the standards used for considering the character of the neighborhood. Zimmerman said that is hard to quantify. Some people think the character of the neighborhood means the trees, some think it is the size of the lots, and some think it is the architecture. Segelbaum asked if it is the Planning Commissioner's charge to consider those things. Zimmerman said their charge is to address the quantitative issues, not the qualitative issues. Baker asked for clarification about the shed located on the property to the south. Zimmerman stated that the shed was built across the property line so it would not be grandfathered in. He added that if the new property owner wanted it moved, the neighbor to the south would have to move it to a conforming location. Segelbaum asked Loehrer to address the concerns about drainage. Loehrer said they try really hard to make neighbors happy. He said in this case he can get all of the water to go down the middle of the lots and to the street. He said the property to the north will probably always be wet and that he could install rain gardens, but most water issues occur in the spring when the ground is still frozen so rain gardens don't always work. He added that the City is strict about grading and drainage issues and they won't issue a Certificate of Occupancy if it is done wrong. Johnson said they keep hearing concerns about excessive wetness and that there is more water in this area than there used to be, so it doesn't seem like the drainage plans are working, or the problems are being addressed. Baker agreed and said the lack of recourse is troubling. He said they should really impress upon the City Engineer the issues and the soil conditions and let him know that he should be extra careful to avoid allowing drainage onto other properties. Segelbaum agreed that it would be worthwhile to emphasize the issues in this area. Waldhauser said she doesn't know what goes into the engineers' calculations such as trees and the amount of hardscape. Zimmerman said he would get some clarification from the City Engineer. Waldhauser added that weather Minutes of the Golden Valley Planning Commission August 22, 2016 Page 6 events have been increasingly difficult to deal with and they can't hold homeowners or developers responsible for the weather. Segelbaum said he doesn't see any basis to deny this proposal and noted that the City has made several changes to the subdivision code to hopefully improve the situation. MOVED by Baker, seconded by Waldhauser and motion carried unanimously to recommend approval of the proposed minor subdivision subject to the following findings and conditions: Findings: 1. Both of the lots of the proposed subdivision meet the requirements of the R-1 Single Family Zoning District. 2. The City Engineer finds that the lots are buildable. 3. The addition of the new lots will not place an undue strain on City utility systems. Conditions: 1. Proposed public easements consistent with the subdivision ordinance must be dedicated and shown on the Final Plat. 2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 3. A park dedication fee of$3,900 shall be paid before release of the Final Plat. 4. A deferred special assessment of$4,900 shall be paid before release of the Final Plat. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Zimmerman stated that the City Council will be appointing a new Planning Commission member at their next meeting. Kluchka stated that the West End PUD amendment proposal was approved and that Phil and Linda from the GV Foundation would like to be a part of the group that works on the public art for that project. Kluchka and Johnson both said they would like to volunteer to be a part of the group as well. Segelbaum asked about the status of The Xenia and Hello apartment proposals. Zimmerman said both projects are still moving forward. Goellner reminded the Commissioners of the upcoming Comprehensive Plan Open House on September 19 and asked the Commissioners if they would help at the event. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 7 4. Other Business • Council Liaison Report Council Member Schmidgall gave an update on a pre-bid construction meeting he attended regarding the Brookview remodel. He also discussed the last Council meeting where they approved changes to the winter parking restrictions. Cars are now allowed to park in the street until 2 am rather than midnight. • Outdoor Storage Discussion McGuire Brigl said staff would like to get the Commissioners feedback on outdoor storage regulations in order to help clarify the language in the Zoning Code regarding outdoor storage in all zoning districts. She reviewed some of the current regulations in several of the zoning districts and noted that the key challenges include: interpreting the screening requirements, the storage of recreational vehicles in the R-1 and R-2 zoning districts, what issues to address in the Commercial and Business Professional Offices zoning districts, and how to accommodate car dealerships storage of vehicles. McGuire Brigi showed the Commission several pictures of properties that are in violation of the Zoning Code and asked them for their feedback. Waldhauser said thinks it is ok to allow items to be parked on a paved surface, and not necessarily on a driveway. Schmidgall referred to the International Property Maintenance Code and said many regulations regarding outdoor storage might already be in that document. Blum asked if there are regulations regarding the number of vehicles a property owner can park on their driveway. Baker said he thinks the City needs to be cautious about people's use of their private property and that it doesn't seem fair to be too strict. Segelbaum said he would like to see what other cities require and asked if staff has surveyed other cities requirements. McGuire Brigl said yes. She added that one of the main areas staff would like to focus on is screening. It is unclear in the current code language how much screening is required and who items should be screened from such as neighboring properties, or from the street right-of-way. Baker said he thinks it might be helpful to merge some of the zoning district's outdoor storage requirements into one place. Zimmerman stated that there could be one section of code related to outdoor storage similar to the fencing section. Kluchka said he would like help identifying the problems, or the complaints staff receives in order to help address the issues. Baker agreed and said it would be good to prioritize the issues. Blum suggested that on-street parking regulations should be studied in anticipation of the light rail project. Baker stated that he is sympathetic to parking issues because Minutes of the Golden Valley Planning Commission August 22, 2016 Page 8 people have to be able to park their cars someplace. Segelbaum agreed that he doesn't want the City to be too strict. Blum suggested issuing temporary parking permits or a seasonal permit that keeps people from abusing the parking requirements. Baker said he thinks the City can create some functional rules such as time limits, etc. Johnson asked what kind of job staff is doing in enforcing the complaints received. Zimmerman explained the violation and citation process. Blum said that he finds it odd when two fences are next to each other and said it would be good to understand the safety issues involved such as the space needed for safety vehicles and what happens if fences block emergency access. He suggested that there be a slight setback for fences. Waldhauser expressed concern about fence setbacks because there is then the question of who maintains the space between two fences. Segelbaum questioned the importance of screening between two properties in the same district or if the focus should be on screening outdoor storage on properties that are adjacent to residential zoning districts. Goellner stated that for administration purposes all Industrial or Commercial properties should be treated the same, and that it can be burdensome to administer code if we require that certain properties have different requirements. Waldhauser noted that properties have different setback requirements when they are adjacent to residential properties. Zimmerman discussed auto dealership storage. He stated that the City has received complaints and staff has met with dealerships regarding storage of their inventory in parking ramps and in parking lots throughout the City. Baker said he thinks dealerships should be allowed to store their inventory in parking ramps and questioned if the issues could be solved by allowing auto storage lots. Zimmerman said they could change the code to allow parking lots to be used just for auto storage and that language could be added regarding screening and maintenance of storage lots. Baker said he would want to get auto dealers perspective before changes are made to the code. Goellner asked the Commissioners if they would be open to allowing landscaped screening instead of fencing on surface storage lots. The consensus was that the Commission would be ok with landscaping or fencing for screening. Kluchka referred to auto repair businesses and asked if maintenance or the number of cars stored in the parking lot are regulated. Zimmerman said the City does not regulate those issues. Segelbaum said he thinks they would be worth addressing. • Comprehensive Plan Land Use Discussion Zimmerman stated that due to the late hour this item could be postponed to the next Planning Commission meeting. The Commissioners agreed. Zimmerman said he would send the Commissioners a copy of the PowerPoint presentation he prepared. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 9 5. Adjournment The meeting was adjourned at 9:17 pm. John Kluchka, Secretary Lisa Wittman, Administrative Assistant GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meeting Minutes May 23, 2016 Present: Commissioners: Andy Bukowski, John Cornelius, Bob Mattison, Gillian Rosenquist, Kimberly Sanberg, and Dawn Speltz. Staff: Director of Parks and Recreation, Rick Birno; and Administrative Assistant, Sheila Van Sloun. Guest: Brian Thul, Armstrong Cooper Youth Hockey. Absent: Roger Bergman and Kelly Kuebelbeck. 1. Call to Order Mattison called the meeting to order at 6:30 pm. 2. Approval of Minutes — April 25, 2016 Speltz amended Call To Order, stating Mattison called the meeting to order and not Rosenquist as printed. MOTION: Moved by Bukowski and seconded by Cornelius to approve the April 25, 2016 minutes as amended. Motion carried unanimously. 3. New Commission Member Introduction — Kimberly Sanberg Sanberg introduced herself and said she's been living in Golden Valley for three years. She served on the Longfellow Community Council in Minneapolis prior to moving to Golden Valley. 4. Armstrong Cooper Youth Hockey Association Update — Brian Thul Thul introduced himself then gave a brief update on the association. He said 64 players out of 436 total are from Golden Valley. He said they practice indoors at New Hope Ice Arena and use outdoor ice in Golden Valley three times a week. He thanked Golden Valley for use of the rinks and said the maintenance employees in Golden Valley do an excellent job with the outdoor ice facilities. Cornelius said the association does a great job at posting their schedule. He suggested a Saturday pick-up game at a park in Golden Valley for all ages. Thul said the association would be happy to promote the event. Mattison suggested the association donate used sticks for use at the warming houses. 5. Metro Blue Line Extension Update Rosenquist said there's proposed plans to be a signalized intersection at Golden Valley Road and Wirth Parkway and that the bike trails and connections are drawn out around the Golden Valley Road station. There will be a number of noise walls constructed, most notably along Kewanee Way. She also said security was discussed and no special measures are being taken at the Golden Valley stations despite their below-grade location. Minutes of the Open Space and Recreation Commission May 23, 2016 Page 2 6. Comprehensive Park Planning (Wesley, Medley, Lakeview, Isaacson, and Hampshire Parks) The OSRC reviewed and provided direction on the first five community parks for what will be the 2018-2028 Comprehensive Park Plan. 7. Elect Commission Chair and Vice Chair MOTION: Moved by Speltz and seconded by Bukowski to elect Cornelius for Chair and re-elect Rosenquist for Vice-chair. Motion carried unanimously. 8. Staff Updates a. Birno said John Stutzman has been hired to fill the Recreation Supervisor position. John was previously with Bloomington Parks and Recreation. He will be working primarily with youth programming and athletics. b. Birno said 10 out of the 20 bunkers on the golf course will be rebuilt with new drainage beginning next week. The other 10 bunkers are planned for rebuild in the fall or spring of 2017. c. Birno said staff is working on a partnership with Three Rivers Park District to install a challenger course and replace the playground structure. d. Birno said Brookview Park has been rented for a Pride Festival on June 12. This is the first ever Pride event hosted in a suburban park location. City staff met with the event coordinators to address any concerns and assist with needs to have a successful fall event. 9. Updates • Mattison presented the OSRC annual report to the City Council last month. He said the Council was complimentary of the OSRC. • Birno said the last community center open house will be held on June 14 from 5:30-7 pm at Brookview Community Center. Final building plans will be on display. 10. Adjournment MOTION: Moved by Cornelius and seconded by Sandberg to adjourn at 9:05 pm. Motion carried unanimously. ATTEST: Bob Mattison, Chair Sheila Van Sloun, Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes May 23, 2016 Commissioners Present: Lynn Gitelis, Dawn Hill, Tonia Galonska, Larry Johnson, Jim Stremel, Debra Yahle and Tracy Anderson Staff Present: Eric Eckman, Public Works Specialist and Claire Huisman, Administrative Assistant Also Present: Council Member Larry Fonnest Absent: None Call to Order Lynn Gitelis called the meeting to order at 6:30 pm. Approval of Regular Meeting Minutes MOVED by Hill, SECONDED by Galonska, and the motion carried unanimously to approve the minutes of the April 25, 2016 regular meeting as amended to correct the date for the Annual City Commission & Board Members Dinner at Brookview which is June 22, 2016. GreenSteps Cities Program Welcome Council member Fonnest relayed to the Commission the Councils excitement with the City becoming a First Step City in the MPCA GreenStep Cities Program. This program will help to move the City forward in the years to come. He encouraged the Commissioners to join him in attendance at the LMC Annual Conference on June 15th where the City will be recognized as the 105th GreenStep City. Mr. Fonnest also asked for interested parties to send in their applications for the Bike & Ped Task Force. Interviews will be held June 13th. He handed out a flyer on the progress of the Blue Line Project. Presentation on Resilience-Abby Finis, Great Plains Institute Abby Finis with the Great Plains Institute gave a 30 minute presentation and answered questions on the GreenSteps Cities Best Practice #29 related to Resilience and Climate Adaptation. GreenStep Cities Best Practice #29 — Discussion to prioritize action items To help prioritize & select which action(s) and star rating task(s) the City should work to complete, Eric Eckman gave an overview of each item. It was discussed which item the City had already accomplished as well as which item would need a lot or a little effort to complete. To assist in prioritizing the items, the Fire Chief will be invited to the next meeting to discuss the items which fall under his direction. Some items of interest included: • Action 1 is currently being worked on through the Comp Plan revision. • Action 2, Star 2 was pointed out as a high importance item and should be discussed with the Fire Chief. • Actions 3 and 4 were suggested as items to partner with the Human Resource Commission. • Actions 2, 5 & 6 fall within the Environmental Commission's work plan. Minutes of the Environmental Commission May 23, 2016 Page 2 of 2 • Actions 1 & 7 were suggested to be given to the Council to discuss in their budgetary planning under resilience/climate adaptation. Program/Proiect Updates The complete program/project update is on file. With respect to the Medicine Lake Road/Winnetka Avenue (DeCola Ponds) Flood Damage Reduction Study, the Tri-City Council Meeting will be held on May 31, 2016 in the Golden Valley City Hall Council Chambers beginning at 6:30pm. Adiourn MOVED by Gitelis, SECONDED by Johnson, and the motion carried to adjourn the meeting at 8:35 pm. Claire Huisman Administrative Assistant September 08, 2016 Dear Mayor Harris and Council: It is with regret and a heavy heart that I resign my position as Human Rights Commissioner. It has been an honor serving on this particular commission. It has given me the opportunity to immerse myself more fully in the Golden Valley community and represent voices oft underrepresented in municipal decision making. I am sad to leave work undone and goals unfulfilled, but I am afraid my commitments to school and family have expanded, necessitating a change in schedule and priorities. This summer afforded me only a single opportunity to attend meetings, and I do not see my prospects for participation improving at any point in the near future. I am deeply grateful for having had this experience, and I look forward to seeing the commission flourish with the groundwork laid since its reconstitution. Sincerely, Michael Pristash Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. F. Receipt of August 2016 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: ∼General Fund Operations ∼Conservation/Recycling Fund (Enterprise Fund) ∼Water and Sewer Utility Fund (Enterprise Fund), ∼Brookview Golf Course (Enterprise Fund) ∼Motor Vehicle Licensing (Enterprise Fund) ∼Storm Utility Fund (Enterprise Fund) ∼Equipment Replacement Fund (Capital Projects Fund) General Fund Operations: As of August 2016, the City is using $499,907 of fund balance to balance the General Fund Budget. Attachments •August 2016 General Fund Financial Reports (2 pages) •August 2016 Conservation/Recycling Fund (1 page) •August 2016 Water and Sewer Utility Fund (1 page) •August 2016 Brookview Golf Course (1 page) •August 2016 Motor Vehicle Licensing (1 page) •August 2016 Storm Utility Fund (1 page) •August 2016 Equipment Replacement Fund (1 page) Recommended Action Motion to receive and file the August 2016 Financial Reports. City of Golden Valley Monthly Budget Report-General Fund Revenues August 2016(unaudited) Percentage Of Year Completed 66.67% Over % 2016 August YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $14,278,810 1,733 7,363,818 ($6,914,992) 51.57% (1) Licenses 217,515 9,365 224,825 $7,310 103.36% Permits 840,125 124,400 1,211,761 $371,636 144.24% Federal Grants 0 9,043 13,112 $13,112 State Aid 268,380 11,281 148,839 ($119,541) 55.46% (2) Hennepin County Aid 0 3,435 $3,435 Charges For Services: General Government 19,000 (120) 31,648 $12,648 166.57% Public Safety 150,665 13,013 135,395 ($15,270) 89.86% Public Works 145,800 15,563 116,873 ($28,927) 80.16% Park&Rec 395,100 41,393 241,628 ($153,472) 61.16% Other Funds 791,500 68,775 514,055 ($277,445) 64.95% Fines& Forfeitures 320,425 19,998 155,312 ($165,113) 48.47% (3) Interest On Investments 100,000 0 0 ($100,000) 0.00% (4) Miscellaneous Revenue 233,000 16,693 143,408 ($89,592) 61.55% Transfers In 30,000 2,500 20,000 ($10,000) 66.67% (5) TOTAL Revenue $17,790,320 $333,637 $10,324,109 ($7,466,211) 58.03% Notes: (1) Payments are received in July, December, and January(delinquencies). (2) Police Training will be paid in August. Safe and Sober is billed on time spent. (3) Fines/Forfeitures are thru July 2016. (4) Investment income is allocated at year end. (5)Transfers are monthly. City of Golden Valley Monthly Budget Report-General Fund Expenditures August, 2016(unaudited) Over % 2016 August YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. 001 Council $322,960 20,290 225,427 ($97,533) 69.80% 003 City Manager 798,260 53,707 470,516 (327,744) 58.94% 004 Transfers Out 725,000 0 725,000 0 100.00% (1) 005 Admin. Services 1,869,995 145,969 1,214,781 (655,214) 64.96% 006 Legal 150,000 11,251 82,549 (67,451) 55.03% (2) 007 Risk Management 305,000 25,000 199,519 (105,481) 65.42% 011 General Gov't. Bldgs. 532,790 20,398 312,306 (220,484) 58.62% 016 Planning 353,800 28,465 199,864 (153,936) 56.49% 018 Inspections 777,690 54,281 441,469 (336,221) 56.77% 022 Police 5,671,180 384,616 3,311,794 (2,359,386) 58.40% 023 Fire 1,290,210 98,777 798,470 (491,740) 61.89% 035 Physical Dev Admin 298,755 18,925 176,296 (122,459) 59.01% 036 Engineering 783,470 41,282 421,111 (362,359) 53.75% 037 Streets 1,611,865 129,906 847,299 (764,566) 52.57% 065 Community Center 81,095 3,687 48,376 (32,719) 59.65% 066 Park& Rec. Admin. 705,660 60,811 425,155 (280,505) 60.25% 067 Park Maintenance 1,137,895 95,626 720,912 (416,983) 63.35% 068 Recreation Programs 374,995 25,918 203,172 (171,823) 54.18% TOTAL Expenditures $17,790,620 $1,218,909 $10,824,016 ($6,966,604) 60.84% (1)This transfer was made in June, 2015. (2) Legal services are billed thru July. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund August 2016(unaudited) Over 2016 August YTD (Under) Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 56,770 0 30,614 (26,156) 53.93% Recycling Charges 373,950 33,383 218,083 (155,867) 58.32% Miscellaneous Revenues 6,000 0 0 (6,000) Interest on Investments 4,000 0 0 (4,000) 0.00% (1) Total Revenue 440,720 33,383 248,697 (192,023) 56.43% Expenses: Recycling 462,730 4,292 218,734 (243,996) 47.27% (2) Total Expenses 462,730 4,292 218,734 (243,996) 47.27% (1) Interest Earnings are allocated at year-end. (2) Republic Services are billed thru June. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund August, 2016(unaudited) Over 2016 August YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,303,105 534,087 2,786,253 (1,516,852) 64.75% Emergency Water Supply 183,600 18,354 104,732 (78,868) 57.04% Sewer Charges 3,309,260 321,182 2,130,076 (1,179,184) 64.37% Meter Sales 8,000 0 4,039 (3,961) 50.49% MCES Grant Program 0 0 0 0 Penalties 110,000 31,475 130,819 20,819 118.93% Charges for Other Services 90,000 25,443 207,118 117,118 230.13% State Water Testing Fee Pass Through 45,500 4,035 27,258 (18,242) 59.91% Sale of Assets 10,000 0 0 (10,000) 0.00% Franchise Fees(One year only) 700,000 0 700,000 0 100.00% Certificate of Compliance 75,000 7,000 58,525 (16,475) 78.03% Interest Earnings 15,000 0 0 (15,000) 0.00% Total Revenue 8,849,465 941,576 6,148,820 (2,700,645) 69.48% Expenses: Utility Administration 2,526,190 61,469 593,665 (1,932,525) 23.50% (1) Sewer Maintenance 2,723,660 201,470 1,887,237 (836,423) 69.29% Water Maintenance 4,655,120 341,780 2,524,071 (2,131,049) 54.22% Total Expenses 9,904,970 604,719 5,004,973 (4,899,997) 50.53% (1) Depreciation is posted at year-end. City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund August, 2016(unaudited)opened March 23 Over 2016 August YTD (Under) % Budget Actual Actual Budget Current Revenue Green Fees 795,000 144,291 693,465 (101,535) 87.23% Driving Range Fees 167,000 24,709 156,577 (10,423) 93.76% Par 3 Fees 137,370 21,553 141,115 3,745 102.73% Lawn Bowling 42,000 16,016 47,013 5,013 111.94% Pro Shop Sales 80,000 38,198 146,173 66,173 182.72% Pro Shop Rentals 260,000 45,118 214,108 (45,892) 82.35% Concession Sales 360,000 38,198 146,173 (213,827) 40.60% Other Revenue 78,000 35,402 197,579 119,579 253.31% Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (36,000) (7,867) (20,599) 15,401 57.22% Total Revenue 1,885,370 355,618 1,721,604 (163,766) 91.31% Expenses: Golf Operations 637,125 71,053 493,103 (144,022) 77.40% (2) Course Maintenance 792,800 81,880 569,543 (223,257) 71.84% Pro Shop 114,620 8,942 112,450 (2,170) 98.11% Grill 251,750 63,738 270,090 18,340 107.29% Driving Range 50,665 9,982 56,100 5,435 110.73% Par 3 Course 27,295 5,741 22,402 (4,893) 82.07% Lawn Bowling 27,195 2,756 11,382 (15,813) 41.85% Total Expenses 1,901,450 244,092 1,535,070 (366,380) 80.73% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund August 2016(unaudited) Over 2016 August YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 2,000 0 0 (2,000) 0.00% (1) Charges for Services 406,830 43,280 321,633 (85,197) 79.06% Total Revenue 408,830 43,280 321,633 (87,197) 78.67% Expenses: Motor Vehicle Licensing 408,330 30,553 242,418 (165,912) 59.37% Total Expenses 408,330 30,553 242,418 (165,912) 59.37% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund August, 2016(unaudited) Over 2016 August YTD (Under) Budget Actual Actual Budget Current Revenue Interest Earnings 45,000 0 0 (45,000) 0.00% (1) Storm Sewer Charges 2,275,000 165,906 1,429,560 (845,440) 62.84% Bassett Creek Watershed 810,930 0 510,883 (300,047) 63.00% Miscellaneous Receipts(Debt Proceeds) 5,692,000 0 18,750 (5,673,250) 0.33% State Grant-Other 0 0 0 0 Total Revenue 8,822,930 165,906 1,959,193 (6,863,737) 22.21% Expenses: Storm Utility 9,045,465 330,565 2,670,026 (6,375,439) 29.52% (2) Street Cleaning 126,420 1,342 59,100 (67,320) 46.75% Environmental Control 323,260 29,502 162,396 (160,864) 50.24% Debt Service Payments 170,985 0 929,826 758,841 543.81% (3) Total Expenses 9,666,130 361,409 3,821,348 (5,844,782) 39.53% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3)This included the bond payment to pay off the storm bonds early. 2016 Equipment Replacement Fund(CIP)-Fund 5700 2016 August YTD Budget Total Actual Remaining Revenues: Proceeds-Certificate of Indebtedness 800,000 814,491 14,491 Sale of Assets 35,000 3,818 40,255 5,255 Miscellaneous 0 1,219 44,964 44,964 (2) Interest Earnings(allocated at year end) 24,535 0 0 (24,535) Total Revenues 859,535 5,037 899,710 40,175 Expenditures: Program# Project Number Project Name 5700 Bond Expenditures 0 0 15,537 (15,537) 5701 V&E-001 Marked Squad Cars(Police) 80,000 990 11,742 68,258 (1) 5702 V&E-002 Computers and Printers(Finance) 80,000 3,142 48,312 31,688 V&E-016 Pickup Truck(Street) 35,000 0 0 35,000 V&E-020 Portable Computers(Police) 50,000 0 0 50,000 V&E-030 Rotary Mower(Park) 98,000 0 100,552 (2,552) V&E-052 Asphalt Cold Planer(Street) 20,000 0 13,027 6,973 V&E-058 Fire Hose 10,000 0 9,470 530 V&E-060 Rescue Vehicle(Fire) 100,000 0 0 100,000 V&E-072 Pickup Truck(Engineering) 30,000 0 28,587 1,413 V&E-078 Aerial Bucket Truck(Park) 200,000 0 0 200,000 V&E-079 Utility Tractor(Park) 80,000 0 65,287 14,713 V&E-090 Single Axel Dump Truck(Street) 225,000 34,896 190,104 V&E-118 Sidewalk Tractor(Street) 150,000 0 120,133 29,867 V&E-122 Police Vehicle 40,000 0 34,148 5,852 V&E-127 800 Mhz Radios(Fire) 80,000 61,685 18,315 V&E-129 800 Mhz Radios(Police) 96,650 214 81,185 15,465 V&E-132 Thermal Imaging Camera 70,000 0 54,089 15,911 V&E-134 Cartegraph Software 13,000 0 0 13,000 Total Expenditures 1,457,650 4,346 678,650 750,089 (1)Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2)Includes a transfer from the DWI/VOTF Fund for the traffic car. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. G. Receipt of Notice of Metropolitan Council Action - General Land Use Plan Map, Comprehensive Plan Amendment - 1125 Tyrol Trail North Prepared By Jason Zimmerman, Planning Manager Summary On May 3, 2016, the City Council approved the redesignation of a parcel at 1125 Tyrol Trail to Low Density Residential from Right-of-Way. The property had previously contained a single family home, but it was purchased and demolished by MnDOT in the late 1960s as part of the construction of Highway 12. The property has since been sold to a private individual and rezoned to Single Family Residential. Following the City’s action, the Metropolitan Council reviewed the Comprehensive Plan amendment and approved it. As a final step in this process, the City must now receive and file the Notice of Metropolitan Council Action. Attachments •Letter from the Metropolitan Council dated August 31, 2016 (1 page) Recommended Action Motion to receive and file the Notice of Metropolitan Council Action regarding the General Land Use Plan Map, Comprehensive Plan Amendment, for 1125 Tyrol Trail North. August 31,2016 Jason Zimmerman,Planning Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: City of Golden Valley,Comprehensive Plan Amendment-Administrative Review Metropolitan Council Review File No. 20585-7 Metropolitan Council District No. 6 Dear Mr. Zimmerman: We received the City's 1125 Tyrol Trail amendment on August 15, 2016.The amendment reguides 0.51 acres from Right-of-Way to Low Density Residential for construction of one single family home. The proposal is located at 3900 Wayzata Boulevard, changing to the new address of 1125 Tyrol Trail. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28,2010. The proposed amendment does not affect official forecasts or the City's ability to accommodate its share of the region's affordable housing need. Therefore,the Council will waive further review and action; and the City may place this amendment into effect. The amendment,explanatory materials, and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review,contact Raya Esmaeili, Principal Reviewer, at 651-602-1616. Sincerely, LisaBeth Barajas, Manager Local Planning Assistance CC: Steve O'Brien,Minnesota Housing Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Gail Dorfman, Metropolitan Council District 6 Michael Larson,Sector Representative Raya Esmaeili,Principal Reviewer/Reviews Coordinator N:1CommDevtLP.41ComrnunitieslGolden Valley LetterstGolden Valhi,2016 CPA 1125 lyra!Trail 20585.7 Adniin Review.doca NOW- .■: Streat Nonh �r+L "' 1 TTY-651,2S1,09LA I metracouncitorg METROPOLITAN (: 0 u N C i Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. H. Second Consideration - Ordinance #613 - Amendment to the 2016 Master Fee Schedule for Increase in Emergency Water Rates Prepared By Susan Virnig, Finance Director Summary In 2014, the cities of Golden Valley, Crystal, and New Hope acting as the Joint Water Commission approved construction of an emergency water supply system. Golden Valley financed their share with an inter-fund loan from the Storm Sewer Utility Fund. An Emergency Water Supply rate was approved in October, 2014 at 20 cents per 1000 gallons to make payments on the loan. The 20 cents were based on an average of three years consumption. Since that time, the consumption levels have decreased. Staff is recommending an increase from 20 cents per 1000 gallons to 30 cents per 1000 gallons for payment designated for the emergency water supply system. This rate would begin for all billings after November 1, 2016. The first consideration of this fee was heard at the September 6 Council Meeting. Attachments •Ordinance #613, Amendment to the master Fee Schedule for City Utility Bill Water Fee for Emergency Water Supply (1 page) Recommended Action Motion to adopt second consideration Ordinance #613, Amendment to the 2016 Master Fee Schedule for City Utility Bill Rate Fee for Emergency Water Supply. ORDINANCE NO. 613, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule City Utility Bill Water Fee for Emergency Water Supply The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended effective November 1, 2016, by adding the following: Emergency Water Supply Based on 1,000 Gallons of Water $ .30/1,000 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its 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 20'" day of September, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. I. Set Public Hearing Date for Proposed Property Tax Levy Payable 2017 and 2017-2018 Budget Prepared By Sue Virnig, Finance Director Summary Staff recommends that the City Council set Tuesday, December 6, 2016, at 6:30 pm for the budget and levy public hearing. M.S.275.06 now requires that the City adopt a proposed budget and levy and certify the proposed budget and levy to the county auditor by September 30. The county auditor will use this information to prepare and send parcel specific notices between November 10 and November 24. The meeting date and time need to be announced at the time of the adoption of the preliminary levy and budget. Recommended Action Motion to set the date of the Truth-in-Taxation public hearing for Tuesday, December 6, 2016, at 6:30 pm. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. J. Reject Bid for Glenwood Avenue Sidewalk/Wayzata Turn Lane Project No. 15-09 Prepared By Jeff Oliver, PE, City Engineer Eric Seaburg, PE, Engineer Summary Staff solicited bids for the Glenwood Avenue Sidewalk Project and Wayzata Turn Lane Project. The bid package included construction of a new sidewalk on Glenwood Avenue (CSAH 40) between Hwy 55 and Harold Avenue, construction of right turn lanes at the intersection of Wayzata Blvd and Quentin Avenue South, and replacement of approximately 200’ of sidewalk on Harold Avenue. The Glenwood Avenue Sidewalk Project was being built as part of a grant that the City received through Hennepin County. It filled a gap in the Glenwood Avenue sidewalk system by connecting the crossing at Hwy 55 to the rest of the system that runs east into Minneapolis. The project also included pedestrian crossing upgrades at the intersection of Hwy 55. The Wayzata Turn Lane Project was being built to accommodate the increase in traffic that will result from the Central Park West development at the boundary of Golden Valley and St. Louis Park. This project is completely developer funded. Bids were opened on September 6, 2016, and the results are as follows: Meyer Contracting, Inc.$837,519.60 The sole bid that the City received was substantially over the estimated project cost and well over the amount budgeted for the work. Therefore, staff recommends that the bid be rejected and the two projects be re-bid in the spring. Staff plans to combine these projects with other spring projects to attract more competitive bids. The Hennepin County Cooperative Agreement for the Glenwood Avenue Sidewalk Project and the Development Agreement with Central Park West allows these projects to be delayed until the spring. Staff will solicit quotes for replacement of the 200’ of Harold Avenue sidewalk so that it can be completed this fall. Recommended Action Motion to reject the bid from Meyer Contracting, Inc. for the Glenwood Avenue Sidewalk/Wayzata Turn Lane Project No. 15-09. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 3. K. Board/Commission Appointment Prepared By Shep Harris, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following appointment: Open Space and Recreation Commission Cindy Carrow-Schiebe 1 year term term expires - May, 2017 Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 60 day deadline: September 24, 2016 Agenda Item 4. A. Public Hearing - Preliminary Plat Approval - Tralee at Paisley Lane 1st Addition - 26 Paisley Lane Prepared By Chloe McGuire Brigl, Planning Intern Summary GreenWood Design Build, LLC, represented by Scott Loehrer, is proposing to subdivide the property located at 26 Paisley Lane into two lots. There is one existing single family home on this lot which would be demolished and replaced with two new single family homes. Changes to the minimum lot area requirement of the Subdivision Code made in 2015 require a calculation of the average lot size of all residential lots within 250 feet of the subject property in the R-1 Single Family Residential Zoning District. If the average is greater than 18,000 square feet, the new required minimum lot size would be 15,000 square feet. If the average is less than 18,000 square feet, the required minimum lot size would remain at 10,000 square feet. For 26 Paisley Lane, the average size of the lots within 250 feet is approximately 20,010 square feet. Therefore, the minimum lot size of each new lot is 15,000 square feet. The existing lot is 31,991 square feet. The proposed Lot A, the northern lot, would be 15,337 square feet and the proposed southern Lot B would be 16,369 square feet. City Code also requires that each lot have a minimum of 80 feet of width at the front setback line and maintain 80 feet of width for 70 feet of depth. Both lots would have approximately 90 feet of width at the 35-foot setback point and maintain at least 80 feet of width 70 feet back from the lot line. The dimensions of both of the newly created lots provide a sufficient building envelope for development. During the Planning Commission meeting on August 22, 2016, residents expressed their concerns regarding tree loss, drainage issues, disruption to the character of the neighborhood, and the design of the new homes. Although the City is unable to dictate the design of the new home, new homes will have to meet City setback and code regulations. Tree loss was a main topic of the Planning Commission meeting, with residents worried about the loss of legacy trees, loss of habitat for birds, loss of trees on neighboring properties, and an incorrect tree survey. Staff noted these concerns, and verified the tree survey. The applicant will need to work with the City’s forester throughout the subdivision process, although the applicant can remove 30% of the trees onsite without mitigation. Staff has noted the worries of the residents regarding drainage, flooding, and general wetness issues. The City’s Storm Water Technician visited the site and talked to surrounding residents in order to address these issues. The Planning Commission recommended approval (5-0) of the proposed subdivision. Attachments •Location Map (1 page) •Planning Commission Minutes dated August 22, 2016 (6 pages) •Memo to the Planning Commission dated August 22, 2016 (3 pages) •Memo from the Fire Department, dated August 3, 2016 (1 page) •Tree Inventory and Survey, dated August 17, 2016 (2 pages) •Letter from Peggy Newstrom, dated August 22, 2016 (1 page) •Email from Greg Fait, dated August 22, 2016 (1 page) •Preliminary Plat (1 page) •Site Plan (1 page) Recommended Action Motion to approve the Preliminary Plat for Tralee at Paisley Lane 1st Addition, 26 Paisley Lane, subject to the following conditions: 1.Proposed public easements consistent with the subdivision ordinance must be dedicated and shown on the Final Plat. 2.The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 3.A park dedication fee of $3,900 shall be paid before release of the Final Plat. 4.A deferred special assessment of $4,900 shall be paid before release of the Final Plat. 215 203 211 203 146 117 125 209 124 130 r410 115 110 = 124 Qc 112 0 120 Subject Property •� 75 0 �b� Q� M 70 n W 110 25 Z +2fi ss � Q 50 V� nl 6330. 6324 6320 is 6030 6100: 601 6140 : tp Glenwood Ave 401 tOS 6237 100 6145 6101 105 120 rn m 0 0 120 125 125 120 140 n 110 a 115 (n N o Q L 140 4 ac 0 145 140 ; 145 160 Y M 120 125 G CD 180 200 205 200 205 130 135 200 220 225 220 225 s• �i: Regular Meeting of the Golden Valley Planning Commission August 22, 2016 A regular meeting of the Planni Commission was held at the Golden Valley City Hall, 'I Chambers, 7800 Gold Valley Road, Golden Valley, Minnesota, on Monday, August 16. Chair Segelb m called the meeting to order at 7 pm. Those present were nning mmissioner ,er, Blum, Johnson, Kluchka (arrived at 8:18), and Waldhause . s resen a Planning Manager Jason Zimmerman, Associate Planner/Grant Writ oellner, Planning Intern Chloe McGuire Brigl, and Administrative Assistant n. 1. Approval of utes July 2016, Regula lanning Commission Meeti MO by Waldhauser, sec nded by Baker and motion carried unanimously to approve July 25, 2016, minutes a submitted. 2. Informal Public Hearing — Minor Subdivision — 26 Paisley Lane — SU12-20 Applicant: GreenWood Design Build, LLC Address: 26 Paisley Lane Purpose: To reconfigure the existing single family residential lot into two new single family residential lots. McGuire Brigl explained the applicant's request to subdivide the property at 26 Paisley Lane into two new lots. The existing single family home would be demolished, and two new single family homes would be constructed. McGuire Brigl referred to a site plan of the property and explained that Lot 1 would be 15,337 square feet in size and Lot 2 would be 16,369 square feet in size and both proposed lots would have approximately 90 feet of width at the front setback line. She added that the minimum lot size requirement for these lots is 15,000 square feet and the minimum required width at the front setback line is 80 feet. She reviewed the conditions for approval or denial outlined in the City Code and said staff is recommending approval of the proposed subdivision as it meets all of the requirements. Waldhauser asked if there is a need for additional sewer and water access or if both new lots will have access. Zimmerman stated that there is already one hook up from the existing house so one additional hook up will be needed as a result of this subdivision. Johnson referred to the tree preservation plan and asked how that is enforced. Zimmerman stated that tree preservation plans have always been required as part of the construction process and reminded the Commission that the Subdivision Code was Minutes of the Golden Valley Planning Commission August 22, 2016 Page 2 recently amended to require a tree survey before subdividing the property in order to establish the number of significant trees, the species, and the location to accurately track the trees before and after a subdivision. Waldhauser noted that there are several ash trees on the property and asked if trees that are likely to die or be removed are counted in the tree survey. Zimmerman stated that the City Forester will review the tree survey and verify that the trees are healthy. Johnson referred to the survey of the property and asked if the encroaching shed located on the property to the south will have to be addressed. Zimmerman said it does not have to be addressed as a part of this proposal, but if a future property owner has an issue with the location of the shed the neighbor to the south will have to move it. Segelbaum referred to the conditions for approval or denial and asked if the City could only deny a subdivision if those conditions are not met. McGuire Brigl said yes. Blum said he noticed that both of the proposed lots are larger than 15,000 square feet in size and asked how the recently amended subdivision regulations affected this proposal. McGuire Brigl explained that if the properties within 250 feet of the subject property are greater than 18,000 square feet on average then the newly subdivided lots have to be 15,000 square feet in size. Baker asked how many lots were within 250 feet. Zimmerman said there were between 12 and 20 lots taken into consideration. Scott Loehrer, GreenWood Design Build, Applicant representing the property owner, said this is the first subdivision they have done, but they've done work in Golden Valley in the past and that these are great lots. Johnson said the City has heard complaints from residents about noise and asked Loehrer if he has any plans to manage the neighbors' concerns. Loehrer said he tries hard to communicate with neighbors. He said he doesn't let his crews start until after 7 am and tries to have work end by 5 or 6 pm. He said the challenge is if he makes the work hours shorter it takes longer to build the houses. Baker stated that this neighborhood has had several homes being built at the same time and the City has heard complaints about obstructions in the road. Loehrer said he or one of his job supervisors is on site every day and they are pretty strict about making sure they are parking on only one side of the street and that they are not blocking mailboxes, etc. Zimmerman noted that the City has a construction agreement that builders sign stating they understand the City's regulations regarding hours, noise, etc. Baker asked Loehrer if they will be constructing both new homes at the same time. Loehrer said yes. Segelbaum asked if these will be custom homes. Loehrer said yes. Segelbaum asked Loehrer if he has any philosophies regarding saving trees. Loehrer said they try to save trees whenever possible but they don't save trees that they know are going to die. He added that trees make the properties look better and there is additional cost to remove them. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 3 Segelbaum asked about the size of the proposed homes. Loehrer said they will be two- story homes approximately 3,000 square feet in size or more if they have a basement. Segelbaum opened the public hearing. Peggy Newstrom, 6100 Glenwood Avenue, said it makes her sad to lose so much green space and the hawks and bunnies on the property will have a hard time. She noted that there have been three new homes built on Brunswick Ave. recently and two of the neighboring properties have had water damage. She said the foundations of the new homes being so high can cause flooding on other properties and she is concerned about flooding in her home and losing plants in her yard. She submitted a letter addressing her concerns and said she would be happy to meet with the City Engineer. John Segner, 125 Paisley Lane, said he agrees with the previous speaker. He said over the past 3 to 4 years there have been 5 or 6 subdivisions in the area and there have been some water issues and flooding in his back yard. He said he doesn't think the tree survey that was done is anywhere near accurate. He went to the property and did a tree survey and said that they will take down approximately 400 feet of trees. He said they will be taking down close to 10 trees, the diameter of which is close to 20 feet and he doesn't know how they are going to replace as many trees as they are suggesting. He said tonight is the first time he has seen the developers proposal and he has just learned that the homes will be placed as far into the front yards as possible which will be the most intrusive location and will result in the highest number of trees coming down. He said he is highly skeptical of the tree survey and noted that the mailing he received from the applicant had errors. He said the combination of the trees, the flooding, and the amount of development in this neighborhood is disappointing. He said he understands the 15,000 square foot requirement is an attempt to mitigate some of the issues, but it is dramatically changing the neighborhood and the idea of going through another summer of construction is really frustrating. Johnson asked Segner if he has experienced flooding. Segner said yes, there was new construction on the street behind him and the water that was supposed to go toward their front yards is now going into his backyard and flooding it out. Kathy Watkins, 112 Paisley Lane, said she is very saddened by this house being torn down because it was always well maintained. She said from what she can tell all the trees will have to come down to make room for these two new houses. She added that the front of her yard is below the street level and it ponds every spring and it takes a long time for the rain water to soak in. She said she knows from all the construction in the neighborhood that they always raise the foundations up and that means more water in her yard. She said there are several neighbors who get more water in their yards than they used to. She said she is concerned about more drainage coming into her yard and questioned who will take care of it. She said she also doesn't want vacant-looking lots with weeds, tall grass, and big holes like some of the ones that have been sitting for well over a year. Ellen Mickelson, 6140 Glenwood Avenue, said she agrees with what her neighbors have said and noted that her living room will face these two new homes which is disappointing. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 4 She stated that staff said that this proposal is preserving the character of the neighborhood and questioned how. She said it is not because they are tearing down trees and putting up two-story homes. She said she is concerned about drainage, damage to her foundation and to the drainage system she recently installed. She said she has spent a lot of effort making her yard beautiful and she doesn't want any of the trees to be damaged. She said she is also concerned about noise and asked what happened to the moratorium and if that was done just for fun. She asked if the location of her shed would be grandfathered in and said it is not right that she should have to spend money to move it. Peggy Newstrom, 6100 Glenwood Avenue, said she wants the builder to be aware of how terrible the soils are, and of the natural springs in the area. Seeing and hearing no one else wishing to comment, Segelbaum closed the public hearing. Baker said the common theme is the flooding issues and asked about the code requirements in regard to raising the grade of a property. Segelbaum asked about the code requirements relative to water run-off. Zimmerman said the code only allows a one- foot difference in height when a house is removed and a new one is built in its place. He explained that the code allows the City Engineer to establish a new base grade when a home is built in a new location and that some lots need to be raised in order to get the correct drainage. He stated that the amount of water flow off the lot should be no more than what is there today and that more detailed plans for grading and drainage are submitted during the building permit process. He added that the builder is responsible for making sure that the grading matches any approved plans. He said that staff would take a look at the other properties recently constructed on Paisley Lane. Segelbaum asked if the focus is on making sure that run-off is not worsened. Zimmerman said yes. Segelbaum asked what recourse neighbors have. Zimmerman said that staff can hold builders to the plans that were approved by the City. Baker referred to the survey and noted that it shows that the water will flow west toward the street and between the lot lines down to the street. He said he would like to know to what extent the City can ensure the outcome. Zimmerman reiterated that the builder will be held to the approved grading and drainage plans. Baker questioned if rain gardens could be a possibility in this case. Zimmerman said that is a potential way to meet the standards. Waldhauser asked if installing catch basins would be an option. Zimmerman said he didn't know. Segelbaum asked if the tree survey is certified. Zimmerman said yes. He explained that the code requires a survey to be done by a certified professional and reiterated that the City Forester will verify its accuracy. Segelbaum asked how far forward a home could be placed on the lot. Zimmerman stated that the front yard setback is 35 feet, but that the home could be placed anywhere within the buildable area. Baker asked about the height and depth requirements. Zimmerman reviewed the "tent- shaped" setback requirements. Minutes of the Golden Valley Planning Commission August 22, 2016 Page 5 Segelbaum asked how long a lot can be left unbuilt. Zimmerman said there is no time limit to build, but there are property maintenance requirements in regard to mowing, weeds, etc. Baker asked if a neighborhood meeting is required for subdivisions. Zimmerman said if it is a straightforward request with no variances a meeting with the neighborhood is not required. However, the applicant is required to mail a summary of their proposal to the neighbors. Baker asked Zimmerman to address the question about the recent subdivision moratorium. Zimmerman explained that the moratorium occurred at the end of 2014. The City worked with a consultant and as a result changes were made to lot size, depth, and setback requirements, and several of the definitions. Baker stated that the subdivision study was not an easy process and he believes the outcome was a more restrictive subdivision code. He added that the moratorium was not ineffective but that the City may need another one in the future. He suggested people push the City Council for more review of the subdivision code. Segelbaum asked about the standards used for considering the character of the neighborhood. Zimmerman said that is hard to quantify. Some people think the character of the neighborhood means the trees, some think it is the size of the lots, and some think it is the architecture. Segelbaum asked if it is the Planning Commissioner's charge to consider those things. Zimmerman said their charge is to address the quantitative issues, not the qualitative issues. Baker asked for clarification about the shed located on the property to the south. Zimmerman stated that the shed was built across the property line so it would not be grandfathered in. He added that if the new property owner wanted it moved, the neighbor to the south would have to move it to a conforming location. Segelbaum asked Loehrer to address the concerns about drainage. Loehrer said they try really hard to make neighbors happy. He said in this case he can get all of the water to go down the middle of the lots and to the street. He said the property to the north will probably always be wet and that he could install rain gardens, but most water issues occur in the spring when the ground is still frozen so rain gardens don't always work. He added that the City is strict about grading and drainage issues and they won't issue a Certificate of Occupancy if it is done wrong. Johnson said they keep hearing concerns about excessive wetness and that there is more water in this area than there used to be, so it doesn't seem like the drainage plans are working, or the problems are being addressed. Baker agreed and said the lack of recourse is troubling. He said they should really impress upon the City Engineer the issues and the soil conditions and let him know that he should be extra careful to avoid allowing drainage onto other properties. Segelbaum agreed that it would be worthwhile to emphasize the issues in this area. Waldhauser said she doesn't know what goes into the engineers' calculations such as trees and the amount of hardscape. Zimmerman said he would get some clarification from the City Engineer. Waldhauser added that weather Minutes of the Golden Valley Planning Commission August 22, 2016 Page 6 events have been increasingly difficult to deal with and they can't hold homeowners or developers responsible for the weather. Segelbaum said he doesn't see any basis to deny this proposal and noted that the City has made several changes to the subdivision code to hopefully improve the situation. MOVED by Baker, seconded by Waldhauser and motion carried unanimously to recommend approval of the proposed minor subdivision subject to the following findings and conditions: Findings: 1. Both of the lots of the proposed subdivision meet the requirements of the R-1 Single Family Zoning District. 2. The City Engineer finds that the lots are buildable. 3. The addition of the new lots will not place an undue strain on City utility systems. Conditions- 1 - onditions:1 . Proposed public easements consistent with the subdivision ordinance must be dedicated and shown on the Final Plat. 2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 3. A park dedication fee of $3,900 shall be paid before release of the Final Plat. 4. A deferred special assessment of $4,900 shall be paid before release of the Final Plat. --Short Recess-- Reports on Meetin of the Housing and Redevelopment Authority, City Council, Board of Z ning Appeals and other Meetings Zimmer stated that the ity Council will be appointing a new Planning Commission member at it next meeti Kluchka stated th the We End PUD amen roposal was approved and that Phil and Linda from the Fou ation wo to be a part of the group that works on the public art for that proje I chk Johnson both said they would like to volunteer to be a part of the group as Segelbaum asked ut th sta of The Xenia and Hello apartment proposals. Zimmerman s oth proje is are * I moving forward. Goell reminded the Com issioners o he upcoming Comprehensive Plan Open H e on September 19 an asked the Commissioners if they would help at the event. city 0 f o lde' n"" MEMORANDUM valley r �. � � Planning Department 763-593-8095/763-593-8109(fax) Date: August 22, 2016 To: Golden Valley Planning Commission From: Chloe McGuire Brigl, Planning Intern Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of 26 Paisley Lane —GreenWood Design Build, LLC, Applicant Summary of Request GreenWood Design Build, LLC, represented by Scott Loehrer, is proposing to subdivide the property located at 26 Paisley Lane into two lots. There is one existing single family home on this lot which would be demolished and replaced with two new single family homes. Changes to the minimum lot area requirement of the Subdivision Code made in 2015 require a calculation of the average lot size of all residential lots within 250 feet of the subject property in the R-1 Single Family Residential Zoning District. If the average is greater than 18,000 square feet, the new required minimum lot size would be 15,000 square feet. If the average is less than 18,000 square feet, the required minimum lot size would remain at 10,000 square feet. For 26 Paisley Lane, the average size of the lots within 250 feet is approximately 20,010 square feet. Therefore, the minimum lot size of each new lot is 15,000 square feet. The existing lot is 31,991 square feet. The proposed Lot A, the northern lot, would be 15,337 square feet and the proposed Lot B, the southern lot, would be 16,369 square feet. City Code also requires that each lot have a minimum of 80 feet of width at the front setback line and maintain 80 feet of width for 70 feet of depth. Both lots would have approximately 90 feet of width at the 35-foot setback point and maintain at least 80 feet of width 70 feet back from the lot line. The dimensions of both of the newly created lots provide a sufficient building envelope for development. It is noted that the applicant sent a mailing to the neighborhood regarding the proposed subdivision. Staff did not receive any comments. Qualification as a Minor Subdivision The proposed two-lot subdivision qualifies as a minor subdivision because the property located at 26 Paisley Lane is an existing platted lot of record, the proposed subdivision will produce fewer than four 1 lots, and it will not create need for public improvements. The applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of Minor Subdivision Staff has evaluated the proposed lot subdivision request as a minor subdivision to create two lots in the R-1 Single Family Residential Zoning District. The applicant has submitted a survey of the existing lot prior to the proposed subdivision, as well as a preliminary plat displaying the two lots after the subdivision. Both lots would have access off Paisley Lane. The Engineering Division has reviewed the application and provided a list of conditions that must be met before final plat approval. These requirements are included in the recommended action of this subdivision. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comments related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Both of the lots of the proposed subdivision meet the requirements of the R-1 Single Family Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. The City Engineer finds that the lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. The addition of the new lots will not place an undue strain on City utility systems. 4. Approval of the minor subdivision may require the granting of certain easements to the City. New utility easements must be dedicated and shown on the Final Plat. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunities to comment. No other public agencies have jurisdiction over the streets adjacent to the site. 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the Final Plat. 7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of $3,900 (2% of the estimated land value with 50% credit for one unit) is required for this subdivision. 2 8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions. All conditions have been met. Recommended Action Staff recommends approval of the proposed minor subdivision subject to the following conditions: 1. Proposed public easements consistent with the subdivision ordinance must be dedicated and shown on the Final Plat. 2. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 3. A park dedication fee of$3,900 shall be paid before release of the Final Plat. 4. A deferred special assessment of$4,900 shall be paid before release of the Final Plat. Attachments: Location Map (1 page) Memo from the Fire Department, dated August 3, 2016 (1 page) Tree Inventory and Survey, dated August 17, 2016 (2 pages) Site Plan (1 page) 3 v :.. M y hire Department 763-593-8080/763-593-8098 (fax) Date: August 3, 2016 To: Jason Zimmerman, Planning Manager Emily Goellner, Associate Planner Lisa Wittman, Administrative Assistant From: Rick Hammerschmidt, Deputy Fire Chief Subject: Minor Subdivision — 26 Paisley Lane The Golden Valley Fire Department has reviewed the information provided for the Minor Subdivision at 26 Paisley Lane. SUMMARY AND RECOMMENDATIONS Based on the information provided, the Golden Valley Fire Department finds the proposed plan for this property acceptable. If you have any questions, please contact me at the following, 763-593-8080 or rhammerschmidt(cDgoldenvalleymn.gov Page 1 of 1 Date:August 17, 2016 Project: 26 Paisley Lane, Golden Valley City of Golden Valley Definition of Significant Tree:A healthy Hardwood Deciduous Tree 6"+ diameter including Ironwood, Catalpa, Oak, Maple (hard), Walnut, Hickory, Birch, Black Cherry, Hackberry, Locust, and Basswood.A healthy Softwood Deciduous Tree 12"+in diameter including Cottonwood, Poplar/Aspen, Boxelder,Ash, Willow, Silver Maple, and Elm.All Conifers 4"+ in diameter. Only Significant and Legacy Trees are inventoried. City of Golden Valley Definition of Legacy Tree: Hardwood Trees measuring 30"+ in diameter, or Conifers measuring 24"+ in diameter. Tag: Round, metal, numbered tag located on West side of trees. Tree Dia (Diameter): in inches, measured at 54" above ground. Tree Cond (Condition): health of tree based on a scale from 0-9. Zero being a dead tree and 9 being a perfect tree. Conditions 4 and above are considered healthy trees.All trees on this inventory are healthy. X and Y Coordinates: longitude and latitude of the tree's location. TREE AND Our locations are Resource Grade, not Survey Grade. HORTICULTURAL SPECIALISTS,INC. a DAVEY+—company TAG SPECIES DIA CONDI NOTES X Y 3301 Oak, Red 10 6 on S. property line. -93.35892818400 44.97848435080 3302 Ash, Green 20 5 on S. prop. line. 3 stems -93.35869384500 44.97847422560 3303 Ash, Green 27 4 -93.35852433830 44.97865821480 3304 Birch, River 18 5 3 stem tree -93.35873583830 44.97886213310 3305 Maple, Silver 40 4 Legacy Tree -93.35877301670 44.97879878890 3306 Ash, Green 25 6 -93.35885353670 44.97871457640 3307 Ash, Green 25 4 -93.35883669000 44.97860792890 3308 Birch, Paper 23 4 3 stem tree -93.35895638330 44.97859537060 3309 Ash, Green 26 5 -93.35916867830 44.97859454390 3310 Spruce, White 16 5 -93.35927837250 44.97854675230 3311 Maple, Silver 30 4 Legacy Tree -93.35905290750 44.97867510730 3312 JAsh, Green 24 4 -93.35906276000 44.97880808310 3313 JSpruce, White 18 4 -93.35897649250 44.97888019480 Ln 0 LC) (L) z > C: :3o • m EaCO E o .r o m (nom U _ 3 V CD lC') r yam„ O 0 Lo N -'T (n (D cb az G F v 00 • zea � - � pw Q O N O LL • Z ak- E o U ti Ocn O • j - mo � p c _o C4 et O 0 E O F� { 0M 06 Z 0 (Q ob 0 ZZ - Peggy Newstrom 6100 Glenwood Av Golden Valley, MN 55422 August 22, 2016 City Clerk City of Golden Valley Good Day: I am writing regarding the housing construction in my neighborhood. I live in the North Brunswick circle,which has 3 new houses, and one more pending. Two of the neighbors adjacent to these new houses have experienced water damage to their property; one has had water in the house since the construction. I am concerned about how raised the foundations of these structures are, and the impending construction in my backyard at 26 Paisley Lane. These new houses can cause flooding to the backyard of 55 Brunswick North,which can cause flooding to my house' Please address these concerns when reviewing the documents for these new construction sites. I would be happy to meet with the city engineer to walk through the adjacent properties for a review. Sincerely, Peggy Newstrom cc:City Manager Wittman, Lisa From: Greg Fait _ Sent: Monday, August 22, 2016 4:S4 PM To: Planning Subject: Subdivision of 26 Paisley Lane Lisa, thank you for the information about the review process for this subdivision over the phone. Please pass this along at the public hearing tonight as I will be unable to attend. To whom it may concern, I wish to express my opposition to the subdivision of 26 Paisley Lane. I believe that increasing the density of housing and the reduction of green spaces fundamentally changes the character of the neighborhood for the worse. Some of my additional concerns are more technical. As there seems to be a trend of the subdivision being granted and a clear precedent established, my concerns are around the infrastructure required with this trajectory. A higher density of housing will necessitate an updated utility base and infrastructure such as water, sewer, electricity, etc. and increase the traffic in the area as well which also has a cost impact. These are all items whose costs make their way back to the residents and to the city. We moved to our particular part of Golden Valley because we appreciate the environment of large, old trees, ample open areas and a wonderful balance of proximity to downtown and easy access to areas of interest. Golden Valley still strikes a wonderful balance between urban and suburban and we hope that this continues. Thank you for your consideration. Greg Fait and Tonia Galonska 6324 Glenwood Avenue Golden Valley i Ems IV r / EXISTING LEGEND 44....ss "OUSE DENOTES IRON PIPE MONUMENT SET SEP 0 9 2016 / DENOTES FOUND IRON PIPE MONUMENT DENOTES PROPOSED DRAINAGE DIRECTION {} DENOTES SERVILE LOCATION B`/: / / Q DENOTES WOOD HUB 17I1 / 000.0 DENOTES EXISTING ELEVATION DENOTES PROPOSED ELEVATION L / DENOTES DECIDUOUS TREE 30 DENOTES EVERGREEN TREE WITH TAG NUMBER / - S79o33132"E / DENOTES BITUMINOUS SURFACE 182-64 DENOTES CONCRETE SURFACE - / DENOTES GRAVEL SURFACE 3304LITY � - --_- DENOTES SETBACK LINE PO POLE DENOTES EXISTING CONTOUR DENOTES PROPOSED CONTOUR r /.- h• 3312 / 15,337 5F / �60� �� I\-J 7305 � r-- PID: 3311821330046 ti� tlC7 L � -1 / SETBACK INFORMATION: Www O I BLOCK 1 /�� ADDRESS: 26 PAISLEY LANE L J0 FRONT-35' �D6 / SIDE YARD-12.5' S / /— —f O• REAR YARD-25'N83' m / 331i_ 56�3TVy 193.13 60 DRAINAGE AND UTILITY EASEMENTS T-- �- ,1 07 / A —7 ARE SHOWN THUS: / — 3� AREAS L _L. L. EXISTING HOUSE t� 6J 3307 (i0 BE REMOVED) 7 /J� - 33r4' .�b LOT 1 15,337 SF 2 / / h o0 1 -_ LOT 2 16,369 SF t� 3309 3304 / moo. �O --- - J `---- TOTAL 31,706 SF 16,369 5F / / BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES AND USS OTHERWISE 3370 / INDICATED— 5 FEETTINIWIDTNES HHAIDADJdNNG SIDE LOT LINES UNLESS OTHERWISE INDICATED. I v / L -- _ � I=— � � BENCH-MARK FIRE HYDRANT NEAR 117 PAISLEY s"KUe UNI 5f-11,L111 LINE 33 33026Ur WIRE5 LANE,TNH ELEV.=901.34 30 N89°51'33"E 197.65 5nEU 15 17 N --/ nE UTILITY Of PROF LINE POLE I I I 1 7 (n PROPERTY DESCRIPTION EXISTING HOUSE BENNEPIN COUNT,MEL CITY OF GOLDEN\'ALLEY, INNFSOT \ I 0 20 40 60 (IN FEET) PREPARED FOR: I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, ORIG DATE: 8-03-2016 TRALEE AT PAISLEY Bohlen Green Wood Design Build, OR REPORT WAS PREPARED BY ME OR UNDER MY DESIGN BY' LANE 1ST ADDITION Surveying &Associates LLC DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE DRAWN BY: 31462 For 9e AV e t see CUB RIEget 5555 West 78th Slreer No"nrle.MN 55057 B.—Me.MN 55337 STATE OF MINNESOTA PRELIMINARY PLAT Sui/eL CHECKED BY: gn Plea5071645-7768 BJA PNone:(952)095-9212 Edina,MN 55439 �L •� Eme1: Fe (952)8959259 Ilplly J(� ,pAy THOMAS J.O-MEARA,L.S. DATE BY DESCRIPTION Z:\S\Projects\golden-valley\tralee\dwg\L 15B5-PLAT.dwg 611-840-4306 --- DATE:9-07-2016 LICENSE NO.:46167 REVISIONS TRALEE AT PAISLEY LANE 1ST ADDITION ECEI0 /� R.T.DOCUMENT NO. SEP 0 9 2016 KNOW ALL PERSONS BY THESE PRESENTS: That Grecowood Design Build,LLC,a Minnesota limited liability company,owner and Alliance Bank,a Minnesota corporation,mongagee,of the following described property,situated in the County of Hennepin,Slue of Minamous W wit: / Lot 15,Block 5,Tralee,City of Golden Valley,Hennepin Conary,Minnesota. P 1 e / Has caused the same m be surveyed and planed w TRALEE AT PAISLEY LANE IST ADDITION and does hereby dedicate to the public for public use the drainage / / and utility easements as created by this plat. In witness whereof said Greenwood Design Build,LLC,a Minnesota limited liability company,has caused these presents to be signed by its proper officer this_day of 20_ Greenwood Design Build,LLC. President STATE OF MINNESOTA / COUNTY OF This instrument was acicoowkdged before rtae on this day of by ,President of Greenwood Design Build,LLC,a \/ / Minnesota limited liability company,on behalf of the limited liability company. S79°33a32'E / Notary Public, County / 182.64 / My con a mien,expires / In witness whereof said Alliance Bank,a Minnesota presents corporation,has caused these to be signed by its proper officer thio—day of 20— �— Alliance Back / t Savior Vice President �^ STATE OF MINNESOTA COUNTY OF / This instru I w s acknowledged before me on this_day of by Senior Vice President,of Alliance Bank.a / MimKsota corporatioq oo behalf of the corporation. C v7 �9 c BLOCK 1 Notary Public, Count 1 My commmioo expires A\ � � � 1 Thomas J.O'Meara do hereby certify that this plat was prepared by me or under my direct supervision;that 1 am a duly Licensed Land Surveyor in the State of / (J Minnesota;that Was past is a correct represe erei tl of the boundary survey that all mathematical data and labels are efined m Mumeued St this plat;that all .01,Sub,, 0 depicted on this plat have been,or will be corteedy set within one year;that all weer boundaries and con lands,as defined in Minnesota Sutures,Section 505.01,Subd. W 13 —, ^� 3,w of thc date of this certificate ereshown and labeled on this plat and all public ways are shown and labeled on this plat. n I Dated this day of 2015. r— r— 7 I I \/—\L_L_ L_ / Thoma 1.OT1pra,l.icenud Lana Surveyor ManresoM Liccruse No.46167 nO� STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on this day of 2015,by Thomas 1.0 Mears. v / / v / Notary Public, County My cnmrdasioo expires f GOLDEN VALLEY,MINNESOTA I This plat of TRALEE AT PAISLEY LANE I ST ADDITION,was approved by the City Council of Champlin,Minnesota,this_day of.2015, all and hereby certifies compliance with all requirements as act forth in Minnesota Statutes,Section 505.03,Subd.2. N89°51'33"E 197.65 By: Maya By: Clerk II I RESIDENT AND REAL ESTATE SERVICES,Hennepin County,Minnesota(n 1 hereby certify that We taxes0 payable for the year 20—and prior years has a been paid for the land described em this plat.Dated this_day of 1 7 Mark V.Chapin,County Auditor,Hennepin Courty,Minnesota by Deputy \ I SURVEY DIVISION,Hennepin County,Mitmesou \ Pursuant to Minnesota Stamm Section 383B.565(1969),this plat has been approved this_day of ,20_ Chris F.Mavis,County Surveyor,Hennepin County,Minnesota DR14NAGE AND UTILITY EASEMENTS HE SOUTH LINE OF LOT 15. OCK 5.TRALEE IS ARE SHOWN THAs: SSUMED TO HAVE A BEAR G OF N69'5133'E. by I I REGISTRAR OF TITLES,Hennepin County,Minnesota I DENOTES)S INCH BY 14 INCH IRON PIPE I r-� e I hereby cervi that this plat fTRALEE AT PAISLEY LANE IST ADDITION was filed in this office this da of ,20—,at—o'clock MONUMENT SET AND MARKED BY LICENSE I�I I I I�I y fy pan y NUMBER 46167,UNLESS OTHERWISE SHOWN. ___1___� DENOTES IRON PIPE MONUMENT FOUND UNLESS OTHERWISE SHOWN. Mania McCormick,Registrar offides,Hennepin County,Minnesota BEING 10 FEET IN WIDTH AND ADJOINING STREET O _ DENOTES COUNTY MONUMENT FOUND UNLESS LI NES AND REAR LOT LINES UNLESS OTHERWISE 0 20 40 60 by Deputy OTHERWISE SHOWN. INDICATED AND 5 FEET IN WIDTH AND ADJOINING SIDE LOT ONES UNLESS OTHERWISE INDICATED. (IN FEET) Bohlen Surveying 8 Associates Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. A. Authorizing Issuance, Awarding Sale, and Prescribing the Form and Details and Providing Payment of $2,620,000 General Obligation Storm Sewer Bonds, Series 2016D Prepared By Susan Virnig, Finance Director Summary The proceeds of the $2,620,000 General Obligation Storm Sewer Bonds, Series 2016D will finance the flood mitigation improvements that coincide with the Liberty Crossing project located at Medicine Lake Road and Winnetka Avenue North. The original bond amount of the 2016D Bonds was $3,795,000. The bond size was reduced due to the Cooperative Agreement with the Metropolitan Council Environmental Services (MECS) that will help finance a portion of the improvements. Dave MacGillivray, Chairman at Springsted, Inc., will be in attendance at the meeting to present the bid results that were received September 20. Figures will be filled in when final numbers are known from the bidding process. If the City Council desires to proceed with these bond sales, after reviewing the bid results, they should adopt the attached resolution. Attachments •Resolution Authorizing Issuance, Awarding Sale, Prescribing Sale, Prescribing the Form and Details and Providing For The Payment of $2,620,000 General Obligation Improvement Bonds, Series 2016D (20 pages) Recommended Action Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing Sale, Prescribing the Form and Details and Providing for the Payment of $2,620,000 General Obligation Improvement Bonds, Series 2016D. Resolution 16-53 September 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $2,620,000 GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2016D BE IT RESOLVED by the City Council (the “Council”) of the City of Golden Valley, Minnesota (the “City”), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.1. Authorization. This Council, by resolution duly adopted on September 6, 2016, authorized the issuance and sale on the date hereof of its $2,620,000 principal amount of General Obligation Storm Sewer Revenue Bonds, Series 2016D (the “Bonds”), pursuant to Minnesota Statutes, Chapters 475 and 444, for the purpose of financing various improvement projects (collectively, the “Project”) to the City’s storm sewer system (the “System”). 1.2. Sale. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Springsted Incorporated, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of ___________ in ___________, ___________ and associates (the “Purchaser”), to purchase the Bonds at a price of $______________ plus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.3. Award. The sale of the Bonds is hereby awarded to the Purchaser and the Mayor and City Manager are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.1. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the City Council to establish the form and terms of the Bonds, to provide and describe the security therefor and to issue the Bonds forthwith. 2.2. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of October 19, 2016, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from the date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Resolution No. 16-53 -2-September 20, 2016 Year Amount Rate Year Amount Rate %$ [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.7 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.3. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.7 and upon any subsequent transfer or exchange pursuant to Section 2.6, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on each February 1 and August 1, commencing August 1, 2017, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar’s close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.4. Redemption. Bonds maturing in 2026 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures), in integral multiples of $5,000, on February 1, 2025, and on any date thereafter, at a price equal to 100% of the principal amount thereof and accrued interest to the date of redemption. At least 30 days before the date specified for redemption of any Bond the City Manager shall cause notice of redemption to be published if and as required by law, and mailed by first class mail, postage prepaid, to the Registrar and to the Holders, as hereinafter defined, of all Bonds to be redeemed at their addresses as they appear on the Bond Register; provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1, ______, February 1, ______ and February 1, ____ (the “Term Bonds”) shall be subject to mandatory redemption prior to maturity pursuant to the Resolution No. 16-53 -3-September 20, 2016 sinking fund requirements of this Section 2.4 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1, 20— Year Principal Amount The remaining $_______________ stated principal amount of such Bonds shall be paid at maturity on February 1, 20____. Term Bonds Maturing February 1, 20— Year Principal Amount The remaining $_______________ stated principal amount of such Bonds shall be paid at maturity on February 1, 20____. [Notice of redemption shall be given as provided in the preceding paragraph.] 2.5. Appointment of Registrar. The City hereby appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company organized under the laws of the United States or one of the states of the United States and authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days’ written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.6. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a register (the “Bond Register”) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. Resolution No. 16-53 -4-September 20, 2016 (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to or upon the order of such Holder shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. Resolution No. 16-53 -5-September 20, 2016 All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.7. Execution,Authenticationand Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.9, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.8. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC’s Operational Arrangements. Resolution No. 16-53 -6-September 20, 2016 (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC’s Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor or City Manager, if not previously filed with DTC, is hereby authorized and directed. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of Resolution No. 16-53 -7-September 20, 2016 this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.9. Form of Bonds. The Bonds shall be prepared in substantially the form attached hereto as Exhibit A. SECTION 3. GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2016D CONSTRUCTION FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Storm Sewer Revenue Bonds, Series 2016D Construction Fund (the “Construction Fund”). The Construction Fund shall be maintained until all costs and expenses incurred by the City in connection with the construction of the Project have been paid. To the Construction Fund there shall be credited from the proceeds of the Bonds the sum of $________ and from the Construction Fund there shall be paid all costs and expenses incurred by the City in construction of the Project. After payment of all such costs, the Construction Fund shall be discontinued. Any Bond proceeds remaining on hand in the Construction Fund after payment of all such costs and expenses shall be transferred to the Bond Fund, as hereinafter defined. SECTION 4. GENERAL OBLIGATION STORM SEWER REVENUE BONDS, SERIES 2016D BOND FUND. There is hereby established on the official books and records of the City a separate fund designated the General Obligation Storm Sewer Revenue Bonds, Series 2016D Bond Fund (the “Bond Fund”). The principal of and interest on the Bonds shall be payable from the Bond Fund and the Bond Fund shall be maintained until the City has paid, or made provision for the payment of, all of the principal of and interest on the Bonds. If the balance on hand in the Bond Fund is at any time insufficient to pay principal and interest then due on the Bonds, such amounts shall be paid from other money on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund. The money on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into the Bond Fund shall be paid (a) any proceeds of the Bonds in excess of the amount credited to the Construction Fund under Section 3, (b) any proceeds of Bonds remaining in the Construction Fund after payment of all costs and expenses of the Project have been paid, (c) net revenues of the System appropriated to the payment of the principal of and interest on the Bonds in accordance with Section 6 hereof, (d) any taxes collected pursuant to Section 7 hereof, and (e) any other funds appropriated by the Council for the payment of the principal of or interest on the Bonds. SECTION 5. SUFFICIENCY OF REVENUES. It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other funds actually appropriated by the City for the payment when due of the principal of and interest on the Bonds, and on any other bonds to which such revenues are pledged. Resolution No. 16-53 -8-September 20, 2016 SECTION 6. RATE COVENANTS. Pursuant to Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the registered owners from time to time of the Bonds, that until the Bonds and the interest thereon are paid in full, or are discharged as provided in Section 8, the City will impose and collect reasonable charges for the service, use and availability of the System according to schedules which will produce net revenues sufficient, with any other funds appropriated by the City, to pay all principal and interest when due on the Bonds and any other bonds to which said net revenues have been pledged; and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Bonds. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional obligations of the City hereafter authorized if this Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, together with any other sources pledged to the payment of the outstanding and additional obligations, for payment of the outstanding bonds payable therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation herein made. SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. However, it is presently estimated that the net revenues of the System, together with other funds to be appropriated by the City, will produce amounts not less than five percent in excess of the amounts needed to meet when due the principal and interest payments on the Bonds; therefore no ad valorem taxes are required to be levied at this time. SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date if there is deposited with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder’s option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and Resolution No. 16-53 -9-September 20, 2016 interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 9. CERTIFICATION OF PROCEEDINGS. 9.1. Registration of Bonds. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds have been duly entered upon the Auditor’s bond register. 9.2. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 9.3. Official Statement. The Official Statement relating to the Bonds, dated _____, 2016, prepared and delivered on behalf of the City by Springsted Incorporated, is hereby approved, and the officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency thereof. Springsted Incorporated is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds as is required to be included in the Official Statement by Rule l5c2-12 adopted by the Securities and Exchange Commission (the “SEC”) under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. SECTION 10. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT AND CONTINUING DISCLOSURE. 10.1. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or agents, any actions that would cause interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the Construction Fund will be expended solely for the payment of the costs of the Project. The System is and will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease agreement, use agreement, capacity contract or other agreement with any non-governmental user with respect to the System or the Project which would cause the Bonds to be considered “private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code. Resolution No. 16-53 -10-September 20, 2016 10.2. Arbitrage Certification. The Mayor and City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of the Code and Regulations. 10.3. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. 10.4. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations; provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for the Projects as defined in Section 1.150- 2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of the Bonds. 10.5. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a Resolution No. 16-53 -11-September 20, 2016 default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2016, the following financial information and operating data in respect of the City (the “Disclosure Information”): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: City Property Values; City Indebtedness; and City Tax Rates, Levies and Collections, which information may be unaudited. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been submitted to the Municipal Securities Rulemaking Board (MSRB) through its Electronic Municipal Market Access System (EMMA). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect, provided, however, if such operations have been Resolution No. 16-53 -12-September 20, 2016 replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a Material Fact): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the City; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would Resolution No. 16-53 -13-September 20, 2016 be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the Resolution No. 16-53 -14-September 20, 2016 primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. _____________________________ Shepard 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 No. 16-53 -15-September 20, 2016 EXHIBIT A FORM OF SERIES 2016D BOND UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF GOLDEN VALLEY GENERAL OBLIGATION STORM SEWER UTILITY REVENUE BOND, SERIES 2016D R-___$_________ Interest Rate Maturity Date Date of Original Issue CUSIP No. __%February 1, 20__ October 19, 2016 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF GOLDEN VALLEY, MINNESOTA acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner specified above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 in each year, commencing August 1, 2017 (each such date, an “Interest Payment Date”), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof, are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as bond registrar, transfer agent and paying agent (the “Registrar”), or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue (the “Bonds”) in the aggregate principal amount of $2,620,000 issued pursuant to a resolution adopted by the City Council on September 20, 2016 (the “Resolution”), to finance the costs of various improvement projects (collectively, the “Project”) to the City’s storm sewer system (the “System”) and is issued pursuant to and in full Resolution No. 16-53 -16-September 20, 2016 conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 475 and 444. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds having stated maturity dates in the years 2026 and thereafter are each subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures), in integral multiples of $5,000, on February 1, 2025, and on any date thereafter, at a price equal to 100% of the principal amount thereof plus interest accrued to the date of redemption. At least 30 days before the date specified for the redemption of any Bond the City will cause notice of redemption to be published if and to the extent required by law, and to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Upon surrender to the Registrar of any Bond which has been redeemed in part, a new Bond or Bonds will be delivered to the owner without charge, representing the unredeemed portion of the principal of the Bond so surrendered. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS- ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing in the years 20____ and 20____ shall be subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20__Term Bonds Maturing in 20__ Sinking Fund Payment Date Aggregate Principal Amount Sinking Fund Payment Date Aggregate Principal Amount (final maturity)(final maturity) Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the Bond Register maintained by the Registrar at its principal office, Resolution No. 16-53 -17-September 20, 2016 by the registered owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner’s attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the designated transferee or transferees, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date. The Registrar may require payment of a sum sufficient to pay any tax, fee or governmental charge required to be paid with respect to any such transfer or exchange. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that by the Resolution, the City has covenanted and agreed to impose and collect, or cause to be imposed and collected, charges for the service, use and availability of the System at the times and in the amounts required to produce net revenues which, together with any other funds appropriated by the City, will be receivable in the years and in amounts sufficient to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due; that if necessary for payment of principal and interest on the Bonds, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. Resolution No. 16-53 -18-September 20, 2016 IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. CITY OF GOLDEN VALLEY, MINNESOTA (facsimile signature City Manager)(facsimile signature Mayor) ________________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds referred to in the Resolution mentioned within. Dated: ___________________ U.S. BANK NATIONAL ASSOCIATION, as Registrar By Authorized Representative ________________ The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ………….…. as Custodian for ………….….. (Cust)(Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ...................…….. (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ________________ ASSIGNMENT Resolution No. 16-53 -19-September 20, 2016 For value received, the undersigned hereby sells, assigns and transfers unto ___________________________________________________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ___________________________________________________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Resolution No. 16-53 -20- September 20, 2016 HENNEPIN COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on September 20, 2016, by the City Council of the City of Golden Valley, Minnesota, setting forth the form and details of an issue of $2,620,000 General Obligation Storm Sewer Revenue Bonds, Series 2016D, dated as of October 19, 2016. 1 further certify that the issue has been entered on my bond register as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal on , 2016. County Auditor (SEAL) city 0 goldenl!. MEMORANDUM valle1nin y Park k a d Recreation eat o Department 763-512-23451763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. B. Approve Brookview Community Center Construction Project Bid Packages and Authorize City Manager to Sign Contracts Prepared By Rick Birno, Director of Parks and Recreation Summary The construction management firm Adolfson & Peterson Construction developed and advertised construction bid packages for the Brookview Community Center project. All bid packets were officially opened on September 1, 2016, at the Golden Valley City Hall. The estimated construction budget for base bids for the Brookview Project was $12,734,399.00. The total base bid amount is $12,553,324.00. Specific bid package results are attached to this memo and included in the Letter of Recommendation. Bid packages of note include #31 (Landscaping & Irrigation) which has been rejected by staff and a material budget of$80,000.00 included for this project package. Golf Maintenance staff will be performing all landscape and irrigation work for the project. Bid Package#32 (Retaining Walls and Stone) has also been rejected by staff. Retaining walls and stone work will be redesigned and rebid. $150,000.00 has been budgeted for this bid package. The bid process also included six alternate projects. Staff is recommending accepting alternates#1 -#3 and rejecting alternates #4-#6. The alternate bid packages are included in the attached Letter of Recommendation. The recommended alternate bid packages are as follows: • Alternate#1 (Building Automation - Public Safety Building). Staff is recommending this alternate bid and it will be funded through the 2016 Building CIP fund. • Alternate#2 (Par 3 Building). Staff is recommending this alternate bid and it will be funded through both the Brookview Project budget and the Brookview Golf 2017 CIP fund. • Alternate#3 (Generator). Staff is recommending this alternate and it will be funded through the Brookview Project budget. Attachments • Adolfson & Peterson Construction Letter of Recommendation for Contract Awards (6 pages) Recommended Action Motion to approve bid packages#1 -#30 and alternate bid packages#1 -#3 by authorizing the City Manager to sign contracts, contingent on City Attorney review, for the Brookview Community Center Construction project. Motion to reject bid packages #31 and #32 and alternate bids#4, #5 and #6. Adolfson & Peterson Construction September 14th, 2016 Mr. Rick Birno Director of Parks& Recreation City of Golden Valley 7800 Golden Valley Drive Golden Valley, Minnesota 55427 RE: Brookview Community Center Letter of Recommendation for Contract Awards Dear Mr, Birno, Adolfson & Peterson Construction (AP) is pleased to provide this Letter of Recommendation for Contract Awards for bids received on September 15', 2016 for Brookview Community Center. AP recommends the City of Golden Valley award contracts to each of the following contractors: Bid Package 01: Earthwork& Utilities Kevitt Excavating LLC Crystal, MN Base Bid: $664,580.00 Bid Package 02: Aggregate Piers Foundation Service Corporation Hudson, IA Base Bid: $165,000.00 Bid Package 03: Site Concrete North Country Concrete, Inc. East Bethel, MN Base Bid: $272,778.00 Bid Package 04: Building Concrete Bid Package 05: Masonry Northland Concrete&Masonry Burnsville, MN Combined Base Bid: $1,183,275.00 Bid Package 06: Steel Supply American Structural Metals, Inc Somerset, WI Base Bid: $760,770.00 Bid Package 07: Steel Erection Red Cedar Steel Erectors, Inc. Menomonie, WI Base Bid: $348,330.00 Adolfson&Peterson Construction 6701 West 23rd Street I Minneapolis.MN 55426 p 952.544.1561 11952.525.2333 1 www.a-p.coni we exist to build a better tomorrow s a Brookview Community Center Recommendation for Contract Award September 14th,2016 Bid Package 08: Carpentry George F Cook Construction Golden Valley, MN Base Bid: $448,000.00 Bid Package 09: Glue-Laminated Construction Bell Structural Solutions New Brighton, MN Base Bid: $142,348.00 Bid Package 10: Architectural Woodwork—Supply O'Keefe Incorporated River Falls, WI Base Bid: $419,082.00 Bid Package 11: Metal Panels Innovative Building Concepts Inc. Bloomington, MN Base Bid: $550,000.00 Bid Package 12: Roofing Lake Area Roofing and Construction Inc. Chisago City, MN Base Bid: $518,349.00 Bid Package 13: Joint Sealants The Caulkers Co., Inc. Fridley, MN Base Bid: $76,000.00 Bid Package 14: Door& Hardware-Supply Kendell Doors& Hardware Inc. Mendota Heights, MN Base Bid: $103,824.00 Bid Package 15: Aluminum Doors& Frames Northern Glass&Glazing Inc. Bloomington, MN Base Bid: $459,300.00 Bid Package 16: Drywall & Framing Pinnacle Wall Systems Inc. White Bear Lake, MN Base Bid: $1,144,000.00 Bid Package 17: Tile Grazzini Brothers &Company Eagan, MN Base Bid: $223,125.00 Bid Package 18: Acoustical Tile&Treatments Kirk Acoustics South Saint Paul, MN Base Bid: $45,000.00 Adolfson&Peterson Construction 6701 West 23rd Street I Minneapolis,MN 55426 p 952.544.1561 1 f 952.525.2333 1 www.a-p.com we exist to build a better tomorrow Brookview Community Center Recommendation for Contract Award September 14th, 2016 Bid Package 19: Carpet& Resilient Floorinq Bid Package 22: Operable Partitions Acoustics Associates Inc. Minneapolis, MN Combined Base Bid: $171,845.00 Bid Package 20: Paint&Coatings Swanson &Youngdale Inc. St Louis Park, MN Base Bid: $161,088.00 Bid Package 21: Signage Scenic Sign Corporation St. Cloud, MN Base Bid: $23,495.00 Bid Package 23: Fireplaces Fireside Hearth & Home Roseville, MN Base Bid: $21,158.00 Bid Package 24: Food Service Equipment TriMark Strategic Foodservice Equipment, Supplies& Design St. Cloud, MN Base Bid: $329,500.00 Bid Package 25: Window Treatments Custom Drapery and Blinds Burnsville, MN Base Bid: $11,567.00 Bid Package 26: Elevator Otis Elevator Company Roseville, MN Base Bid: $61,020.00 Bid Package 27: Fire Protection Viking Automatic Sprinkler Company St Paul, MN Base Bid: $110,000.00 Bid Package 28: Mechanical General Sheet Metal Company, LLC Minneapolis, MN Base Bid: $2,057,000.00 Bid Package 29: Electrical. Communication &Security Peoples Electric Company Saint Paul, MN Base Bid: $1,580,000.00 Bid Package 30: Asphalt Paving Bituminous Roadways, Inc. Mendota Heights, MN Base Bid: $272,890.00 Adoltson&Peterson Construction 6701 West 23rd Street I Minneapolis,MN 55426 p 952.544.1561 11952.525.2333 1 www.a-p.com we exist to build a better tomorrow Brookview Community Center Recommendation for Contract Award September 14t", 2016 Bid Package 31: Landscaping& Irrigation Material Budget Established: $80,000.00 Bids have been rejected at this time—Owner installation Bid Package 32: Retaining walls&Stone Rebid Budget Established $150,000.00 Bids have been rejected at this time—Redesign and rebid Total Base Bid Amount: $12,553,324.00 The estimated construction budget for base bids was$12,734,399.00. The bid results are under budget by $181,075.00. The project included six alternates that bid for the City of Golden Valley to consider for acceptance. The alternates and bids are as follows: Alternate#1 —Building Automation System at the Public Safety Building General Sheet Metal Alternate Bid: $16,900 Total Alternate Bid Amount: $16,900.00 Alternate#2—Par 3 Pavilion Building North Country Concrete Alternate Bid: $2,790 Northland Concrete& Masonry Alternate Bid: $28,000 Peoples Electric Company Alternate Bid: $8,800 George F Cook Construction Alternate Bid: $48,700 Lake Area Roofing Alternate Bid: $13,024 North Glass& Glazing Alternate Bid: $12,000 Pinnacle Wall Systems Alternate Bid: $7,000 Swanson & Youngdale Inc. Alternate Bid: $1,470 Total Alternate Bid Amount: $121,784.00 Alternate#3—Generator Peoples Electric Company Alternate Bid: $98,000 Total Alternate Bid Amount: $98,000.00 Alternate#4—Senior's Trellis American Structural Metals Inc. Alternate Bid: $7,600 Red Cedar Steel Erectors Inc. Alternate Bid: $3,520 Bell Structural Solutions Alternate Bid: $29,383 Swanson & Youngdale Inc. Alternate Bid: $3,718 Total Alternate Bid Amount: $44,221.00 Alternate#5—Metal Panels to Zinc Material Innovative Building Concepts Alternate Bid: $300,000 Total Alternate Bid Amount: $300,000.00 Adottson&Peterson Construction 6701 West 23rd Street I Minneapolis,MN 55426 p 952.544.1561 11952.525.2333 1 www.a-p.coni we exist to build a better tomorrow Brookview Community Center Recommendation for Contract Award September 14"',2016 Alternate#6—Provide acoustic wall panels at indoor play area Kirk Acoustics Alternate Bid; $50.000 Total Alternate Bid Amount: $50,000.00 AP has conducted post-bid interviews with the apparent low bidders and based on our findings, recommend the above contractors for contract award. In consultation with the City of Golden Valley and HGA, AP would recommend acceptance of Alternates#1, #2, and#3. We understand Alternate#1 will be issued with a separate contract and funding. AP also understands Alternates#2 and#3 will also have additional funds added to this budget in the amount of $40,000.00. The remaining Alternates#4, #5, and#6 shall be rejected at this time. Should you have any questions, please do not hesitate to contact me. Regards, Tim Maher Senior Project Manager Adolfson& Peterson Construction cc: Tim Cruikshank—COGV Glenn Waguespack- HGA Mark Adamson—AP Jack Webber—AP Zach Johnson—AP Enc: Bid Tabulation Summary Adolfson&Peterson Construction 5701 West 23rd Street I Minneapolis,MN 55426 p 952.544.1561 1 t 952.525.2333 1 www.a-p.com we exist to build a better tomorrow Adoltson t &Peterson Construction ro 1, Brookview Community Center va f ie,' BID TABULATION 1 September 2016 @ 2:00 PM BID PACKAGES BID PACK BUDGET LOW BASE BID HIGH BASE BID RECOMMENDATION Bid Package 01:Earthwork 1 Utilities $ 1.155,655 $ 664,580 S 1,237 940 Kevitt Excavatio Bid Package 02:Aggregate Piers $ 135,000 $ 165,000 $ 165,000 Foundation Service Co oration Bid Package 03:Site Concrete $ 135,407 $ 272 778 $ 327,975 North Country Concrete Bid Package 04:Concrete $ 582,197 $ 725,175 $ 828,400 Northland Concrete&Masonry Bid Package 05:Mason $ 465,282 $ 458,100 $ 456,100 Northland Concrete Masonry Bid Packa a 06:Steel-Supply $ 658,943 $ 760,770 $ 1541,800 American Structural metals Bid Package 07:Steel-Erection $ 231,100 $ 348,330 $ 456,000 Red Cedar Bid Package 08:Carpentry $ 487,027 $ 448 000 $ 524,000 George F.Cook Construction Bid Package 09:Glue-Laminated Construction $ 110,000 $ 142,348 $ 142,348 Bell Structural Solutions Bid Package 10:Architectural Woodwork S 393,571 $ 419,062 $ 421,003 O'Keefe Bid Package 11:Metal Panels S 685,146 $ 550,000 $ 583,411 Innovative Building Concepts Bid Package 12:Roofing $ 719.395 S 518 349 $ 757,100 Lake Area Roofing Bid Package 13:Joint Sealers $ 25,480 S 76,000 S 76,000 The caulkers Co Bid Package 14:Door&Hardware-Supply $ 247,922 $ 103,824 $ 103,824 1 Kendell Bid Package 15:Aluminum Doors&Windows $ 449,091 S 459,300 $ 475,000 Northern Glass&Glazing Bid Package 16:Drywall&Framing $ 1.007 308 $ 1,144,000 $ 1,768 000 Pinnacle walls stems Bid Package 17:Tile $ 220,572 S 223,125 $ 297,300 Grazinni Companies Bid Package 18:Acoustical Tile and Treatments S 96,551 $ 45,000 S 75,000 Kirk Accoustics Bid Package 19:Carpet&Resilient Flooring $ 191,317 S 132.000 S 169.907 Acoustic Assoc Bid Package 20:Paint&Coatings $ 113,513 $ 161.088 S 187.400 Swanson&Youn dale Bid Package 21:Signage S 36,065 $ 23,495 S 23,495 Scenic Si n Company Bid Package 22:Operable Partitions $ 58,987 1 S 39,845 5 74.010 Accoustics Assoc Bid Package 23:Fireplaces $ 30.000 1 S 21,158 S 21,158 Fireside Hearth&Home Bid Package 24:Food Service Equipment $ 262,330 $ 329.500 $ 349.967 Trimark Strategic Bid Package 25:Window Treatments $ 17,300 $ 11,567 $ 11,567 Custom drapery and blinds Bid Package 26:Elevator S 63,100 $ 61.020 S 75.200 Otis Elevator Bid Package 27:Fire Protection $ 80,300 $ 110,000 $ 122,800 Viking Automatic Sprinkler Bid Packa a 28:Mechanical $ 1,855,328 $ 2,057,000 S 2,380,000 General Sheet Metal Bid Packa a 29:Electrical Communications&Security $ 1,742.523 $ 1,580.000 $ 1,930,600 Peoples electric Bid Package 30:Asphalt Paving $ 214.060 S 272.890 $ 346.780 Bit Roadways Bid Package 31:Landscaping&Irrigation $ 189,068 $ 80.000 Material Only-performed by Owner Bid Package 32:Retaining Walls&Stone $ 74,861 $ 150.000 -Design to Budget/Rebid TOTALS $ 12,734,399.00 $ 12,553,324.00 $ 15,231,085.00 Varriance $ 181,075.00 ALTERNATES BUDGET BID RECOMMENDATION Alternate 1-Building Automation System at Public Safety Building $ 20.000 S 16.900 Approved-Separate from Contract Alternate 2-Par 3 Pavilion Building $ 90.000 S 121,784 Approved Alternate 3-Generator $ 100,000 $ 98.000 Approved Alternate 4-Senior's Trellis $ 43,914 S 44.221 Rejected Alternate 5-Metal Panels-Zinc $ 388,800 S 300 000 Rejected Alternate 6-Acoustic Wall Panels at Indoor Play Area S 59,000 S 50,000 Rejected TOTALS $ 701,714.00 $ 630,905.00 City,, en i 1 ( 1 ���,��ni��Mllla „III.�, � � 1 14 „0011,111,,: 1� IIIIIIIIIIIIIII , i 1V �� 10I0 11 1 l . wI-1"'' II Administrative Services Department 763-593-8013/763-593-3969(fax) Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. C. Second Consideration - Ordinance #612 - Providing for a Local Lodging Tax Prepared By Sue Virnig, Finance Director Rick Birno, Park & Recreation Director Summary Staff has been working with St. Louis Park Convention and Visitors Bureau (DSLP) and the City of St. Louis Park to develop a partnership to create a Convention and Visitors Bureau (CVB) for the City of Golden Valley. On May 17, 2016, the City authorized a Marketing and Service Agreement with the St. Louis Park Convention and Visitors Bureau. On August 15, the City of St Louis Park approved the ratification of the Master Marketing Agreement between Discover St. Louis Park (DSLP) and the City of Golden Valley. Staff is recommending the following Ordinance amending the City Code for a new section providing a Local Lodging Tax. MN Statute 469.190, Subdivision 1 authorizes local governments to adopt an ordinance imposing a tax of up to three percent (3%) of the gross receipts of lodging at a hotel, motel, rooming house, tourist court, or resort, other than renting or leasing of it for continuous period of thirty (30) days or more. The proposed Ordinance provides for a 3% lodging tax. Under the proposed Ordinance, the tax shall be paid to the City by the operator of the local lodging establishment (of which there are currently two) not later than 25 days after the end of the month in which the taxes are collected. At least 95% of the proceeds obtained from the collection of taxes would fund the CVB for the purpose of marketing and promoting the City, support community growth, stimulate economic development and bring visitors to Golden Valley to enjoy our parks, community amenities and grow our local businesses. Two hotels are located in the City of Golden Valley. Those hotels are: Holiday Inn Express, 6051 Golden Hills Drive (117 hotel rooms) Ramada (formerly Super 8), 6300 Wayzata Blvd (127 Hotel Rooms) The Ordinance requires two considerations. The first consideration was heard at the September 6 Council Meeting. Attachments • Underlined/Overstruck Version of Section 6.28: Local Lodging Tax (3 pages) • Ordinance No. 612, Section 6.28: Local Lodging Tax (4 pages) • Summary of Ordinance#612 for Publication (1 page) Recommended Action Motion to adopt second consideration of Ordinance#612 providing for a Local Lodging Tax. Motion to approve Summary of Ordinance#612 for publication. § 6.28 Section 6.28: Local Lodging Tax Subdivision 1. Definitions Unless otherwise expressly stated, wherever used in this Section, the following terms are defined as follows: A. Lodging: The furnishing for consideration of lodging at a hotel, motel rooming house, tourist court, or resortother than the renting or leasing of it for a continuous period of thirty (30) days or more. The furnishing of rooms owned by religious educational or nonprofit organizations for self-sponsored activities shall not constitute "lodging" for purposes of this Section. B. _Operator: A person who provides lodging to others or any office agent or employee of such person. Subdivision 2. Imposition of Tax There is hereby imposed a tax of three percent (3%) on the gross receipts from the furnishing for consideration of lodging_ Subdivision 3. Collection Each operator shall collect the tax imposed by this Section at the time rent is paid The tax collections shall be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging. It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any party thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that if added, it or any part thereof will be refunded. In computing the tax to be collected amounts of tax less than one cent ($0.01) shall be considered an additional cent ($0.01). Subdivision 4. Payment and Returns The taxes imposed by this Section shall be paid by the operator to the City not later than twenty-five (25) days after the end of the month in which the taxes were collected. At the time of payment the operator shall submit a return upon such forms and containing such information as the City may require. The return shall contain the following minimum information: A. The total amount of rent collected for lodging during the period covered by the return. B. The amount of tax required to be collected and due for the period C. The signature of the person filing the return or that of his agent duly authorized in writing. D. The period covered by the return. Golden Valley City Code Page 1 of 3 § 6.28 E. The amount of uncollectible rental charges subject to the lodging tax The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Section previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Subdivision S. Examination of Returns, Adjustments, Notices and Demands After a return is filed, the City shall examine it and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness, including any records or tax returns filed with the state. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten (10) days after determination of such refund. Subdivision 6. Refunds Any person may apply to the City for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The City shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return If such claim is allowed in whole or in part, the City shall credit the amount of the allowance against any taxes due under this Section from the claimant and the balance of the allowance if any, shall be paid by the City to the claimant. Subdivision 7. Failure to File a Return If any operator required by this Section to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect false, or fraudulent return the operator shall upon written notice and demand file such return or corrected return within five (5) days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return the City shall make a return or corrected return, for such person from such knowledge and information as the City can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the City shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed by this Section, including penalties thereon Golden Valley City Code Page 2 of 3 § 6.28 is not paid within thirty (30) days after it is required to be paid, the City may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action Upon a showing of good cause, the City may grant an operator one thirty (30) day extension of time within which to file a return and make payment of taxes as required by this Section provided that interest during such period of extension shall be added to the taxes due at the rate of ten percent (10%) per annum Subdivision S. Penalties If any tax imposed by this Section is not paid within the time therein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to ten percent (10%) of the amount remaining unpaid The amount of tax not timely paid, together with any penalty provided by this Section shall bear interest at the rate of eight percent (8%) per annum from the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof. Subdivision 9. Violations Any person who shall willfully fail to make a return required by this Section; or who shall fail to pay the tax after written demand for payment or who shall fail to remit the taxes collected or any penalty or interest imposed by this Section after written demand for such payment or who shall refuse to permit the City to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. Subdivision 10. Use of Proceeds At least ninety-five percent (95%) of the proceeds obtained from the collection of taxes pursuant to this Section shall be used in accordance with Minnesota Statutes, section 469.190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center, including any local convention or tourism bureau under which the City partners with one more or more other cities to jointly market and promote the City and the partner cities Subdivision 11. Aupeals Any operator directly affected by any notice, order or determination made by the City under this Section shall have the right to appeal to a hearing officer in an administrative hearing as provided for in City Code Section 2.91. The City Council may establish a fee that must accompany any such appeal under this Section Golden Valley City Code Page 3 of 3 ORDINANCE NO. 612, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 6 to add a New Section Providing a Local Lodging Tax The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code, Chapter 6 is hereby amended by adding a new Section 6.28, entitled “Local Lodging Tax,” reading as follows Section 6.28: Local Lodging Tax Subdivision 1. Definitions Unless otherwise expressly stated, wherever used in this Section, the following terms are defined as follows: A.Lodging:The furnishing for consideration of lodging at a hotel, motel, rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous period of thirty (30) days or more. The furnishing of rooms owned by religious, educational or nonprofit organizations for self-sponsored activities shall not constitute "lodging" for purposes of this Section. B.Operator:A person who provides lodging to others, or any office, agent or employee of such person. Subdivision 2. Imposition of Tax There is hereby imposed a tax of three percent (3%) on the gross receipts from the furnishing for consideration of lodging. Subdivision 3. Collection Each operator shall collect the tax imposed by this Section at the time rent is paid. The tax collections shall be held in trust by the operator for the City. The amount of tax shall be separately stated from the rent charged for the lodging. It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any party thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than one cent ($0.01) shall be considered an additional cent ($0.01). Subdivision 4. Payment and Returns The taxes imposed by this Section shall be paid by the operator to the City not later than twenty-five (25) days after the end of the month in which the taxes were collected. At the time of payment the operator shall submit a return upon such forms and containing such information as the City may require. The return shall contain the following minimum information: A. The total amount of rent collected for lodging during the period covered by the return. Ordinance No. 612 -2-September 20, 2016 B. The amount of tax required to be collected and due for the period. C. The signature of the person filing the return or that of his agent duly authorized in writing. D. The period covered by the return. E. The amount of uncollectible rental charges subject to the lodging tax. The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Section previously paid as a result of any transaction the consideration for which became uncollectible during such reporting period, but only in proportion to the portion of such consideration which became uncollectible. Subdivision 5. Examination of Returns, Adjustments, Notices and Demands After a return is filed, the City shall examine it and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness, including any records or tax returns filed with the state. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid to the City within ten (10) days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City within ten (10) days after determination of such refund. Subdivision 6. Refunds Any person may apply to the City for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund shall be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The City shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the City shall credit the amount of the allowance against any taxes due under this Section from the claimant and the balance of the allowance, if any, shall be paid by the City to the claimant. Subdivision 7. Failure to File a Return If any operator required by this Section to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written notice and demand, file such return or corrected return within five (5) days of receipt of such written notice and shall at the same time pay any tax due on the basis thereof. If such person shall fail to file such return or corrected return, the City shall make a return or corrected return, for such person from such knowledge and information as the City can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) shall be paid within five (5) days of the receipt of written notice and demand for such payment. Any such return or assessment made by the City shall be prima facie correct and valid, and such person shall have the burden of establishing its incorrectness Ordinance No. 612 -3-September 20, 2016 or invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed by this Section, including penalties thereon, is not paid within thirty (30) days after it is required to be paid, the City may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. Upon a showing of good cause, the City may grant an operator one thirty (30) day extension of time within which to file a return and make payment of taxes as required by this Section provided that interest during such period of extension shall be added to the taxes due at the rate of ten percent (10%) per annum. Subdivision 8. Penalties If any tax imposed by this Section is not paid within the time therein specified for the payment, or an extension thereof, there shall be added thereto a specific penalty equal to ten percent (10%) of the amount remaining unpaid. The amount of tax not timely paid, together with any penalty provided by this Section, shall bear interest at the rate of eight percent (8%) per annum from the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof. Subdivision 9. Violations Any person who shall willfully fail to make a return required by this Section; or who shall fail to pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or interest imposed by this Section after written demand for such payment or who shall refuse to permit the City to examine the books, records and papers under his or her control, or who shall willfully make any incomplete, false or fraudulent return shall be guilty of a misdemeanor. Subdivision 10. Use of Proceeds At least ninety-five percent (95%) of the proceeds obtained from the collection of taxes pursuant to this Section shall be used in accordance with Minnesota Statutes, section 469.190 as the same may be amended from time to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center, including any local convention or tourism bureau under which the City partners with one more or more other cities to jointly market and promote the City and the partner cities. Subdivision 11. Appeals Any operator directly affected by any notice, order or determination made by the City under this Section shall have the right to appeal to a hearing officer in an administrative hearing as provided for in City Code, Section 2.91. The City Council may establish a fee that must accompany any such appeal under this Section. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 6.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect January 1, 2017. Adopt by the City Council this 20 th day of September, 2016. Ordinance No. 612 -4-September 20, 2016 /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 612, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 6 to add a new Section Providing a Local Lodging Tax This is a summary of the provisions of the above ordinance which has been approved for publication by the City Council. This ordinance amends Chapter 6 by adding a new Section 6.28, entitled “Local Lodging Tax”. This Section provides for a local lodging tax of 3% of the gross receipts of lodging at a hotel, motel, rooming house, tourist court or resort, other that renting or leasing of it for a continuous period of 30 days or more. The lodging tax is paid to the City of Golden Valley by the operator of the local lodging establishment with at least 95% of the proceeds obtained from the collection of the taxes to be used to fund a Convention and Visitors Bureau for the purpose of marketing and promoting the City of Golden Valley. The ordinance shall take effect January 1, 2017. NOTICE: the foregoing is only a summary of the ordinance. A printed copy of the full text of the ordinance is available for inspection during regular office hours at the office of the City Clerk. Adopted by the City Council this 20 th day of September, 2016. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. D. Appoint Staff Advisory Member to the Discover St. Louis Park Board of Directors Prepared By Rick Birno, Parks & Recreation Director Summary The City Council directed staff to explore options and make a recommendation for a marketing services relationship that would support community growth, stimulate economic development and bring more visitors to Golden Valley to enjoy our parks, community amenities and grow our local businesses. At the May 17, 2016, City Council meeting a marketing services agreement was approved for signature with Discover St. Louis Park (DSLP) to provide marketing activities and promotions for the City of Golden Valley. The marketing service agreement allows for the appointment of a City of Golden Valley non-voting (advisory member) representative on the DSLP Board of Directors. DSLP is organized as a non-profit destination marketing organization pursuant to Minn. Stat. 469.190 and is funded by lodging tax revenues levied and collected by the City of St. Louis Park. The Golden Valley partnership will be funded by a local 3% lodging tax. The public hearing for the approval of a 3% lodging tax was held at the September 6, 2016, City Council Meeting. Staff is recommending that the City Manager be appointed as the advisory member to the DSLP Board of Directors and the Parks and Recreation Director to attend the meetings when the City Manager is not available. Recommended Action Motion to appoint the City Manager to the Discover St. Louis Park Board of Directors in the capacity of advisory member and the Park Recreation Director to attend the meetings in his absence. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 60 day deadline: October 18, 2016 Agenda Item 6. E. Liberty Crossing PUD No. 123, Amendment #2 - 2450 Winnetka Avenue North - Liberty Crossing Investment Partners, LLC, Applicant Prepared By Jason Zimmerman, Planning Manager Summary Liberty Crossing PUD No. 123 was approved in July of 2015 and amended in November of 2015. This project includes an apartment building of 187 units, 55 townhome units, and a unique private/public partnership to construct flood storage which should help alleviate flooding issues in the vicinity of Medicine Lake Road and Rhode Island Avenue North. After clearing the site of all existing structures in 2016, the developer decided to shift the location of the apartment building foundation in order to provide an additional 8 foot setback from the eastern property line and an additional 15 feet of separation between the apartment building and the City’s flood storage area to the north. At this point, the applicant, Liberty Crossing Investment Partners, LLC, is seeking approval of a Minor PUD Amendment in order to adjust the approved plans to reflect the new location of the building. Engineering staff has reviewed the revised location and is recommending approval of the amendment as it provides additional space in which to maximize flood storage on the northeast corner of the lot. Fire staff has reviewed the amendment and finds the changes to be acceptable. Planning staff has reviewed the amendment and finds it does not negatively impact the interior circulation or residential layout and is therefore recommending approval. The City Council has the right to approve or deny a Minor PUD Amendment by a simple majority vote without a public hearing or to refer the matter to the Planning Commission for its input and recommendation. Based on the above analysis of the proposal, staff supports the proposed changes and recommends approval of the plans for Liberty Crossing PUD No. 123, Amendment #2. Attachments •Location Map (1 page) •Plans received August 19, 2016 (2 pages) Recommended Action Motion to approve the plans for Liberty Crossing PUD No. 123, Amendment #2. T L �—FLC— > J � P ccQUEBEG= •d�une Lake Rd mu �n �n�r�r�uw�n���nw�u���u �u��nr�u� �u 550 8179 8139 8101 — — 2 550 7825 8181 0 0 77737731 1 2575 22 2 2526 8025 254222252524'• 222216 zsoo auo aloo 234956"251x9 ?«24/8- Sub'eCt Properties: 25 155 X2216 nso �s6o '252506 • 7 ��� 25th Ave N X554 2511 21x6 2476 4 2552t56f 25G• 2504 o , 2562 24. 8159 8101 2480 2485 2500 2 412428O 4 2445 2400 2568 250 24182" 74 2440 • 21._ 2424 405 2400 2403 2445 s 2430 Oe2�22 ,P.. > p- a 101 N 2440 2MS ..:. > 1G 172100 2380 2383 ` 8040 519 8020 2425 o G 21 /1011101 p 4 j 2100 10 2360 2365 2 JW 2415 - 319 ,19719 718 Y9,4705,t; Y -V O Jonellen Ln a "* 2355 90458015 8005 240 2343 7979 2409 _� 335 =* .r 2320 9100 8040 8020 8000 .1 { 315 7980 2337 Z �_ Wynnwood Rd •> 8155 935. 8105 8045 9013 2313 d 2320 2325 ;Sc is 2300 C ~ zoo 8180 8140 8100 8040 8020 90001 3 2300 s . LA • �� _=' " Pennsylvar'aaW 23rd Ave N 2301 25 2255 5 2250 2255 2 2250 7955 7925 • �'- 7901 785378337831 C 2220 78 S7 ° -T. al..iWe.: ak-.ir(e.:_c• 41l."iwe. 2223 Y 2220 2225 :1 O - 2209 2202 Y100 2205 j X200 796079467820 2205 ylt'c Y '•' ;�y11c-` i 1111 {— "�{ 2203 elt .2200 MEDICINE LAKE ROAD t- --------------------- —_-__----- ------, 4cn C -_ -- q �€ __ _ 0 g I I m s r � I I I I , , -- -- -- - o -------------------- - I 1 _ � Z D m m D - v I - i I I � I I I I a I 13= <I I m I S.Y. 1 i I I II I I > m m > I � I- • I I I p I I ' I 3t� I i —C2 G9 F-.�� --- --£ ------------- °- !---- -------— C" o"$ I I I g F K r I ttatt 11 1 � -- _- ------- — — --------------------------------- r_____ --- - - pp . -- o ate_,-e,.,.q � � 1 I I I �Y ,•�k: � ©nll I L _�___�,- I Q G as oily§ � Q$ z HIM" 4.i I I I e - I — I ---- I © ---------------------------------- I I , I .AI ' L' - - gF ------ -J I 'I , , , , y n 4 �o©oo oot�ao - T- ' �' � �. . I 3� I li o --• I I � m m Ij -- -- I Im I ---m — , • i I 0©DDD RIBlpl I , 1 I I i , I , pp J Liberty Crossing Apartments ! ea �ubrnd ,1, mn,,,. —a,o.�. �.. -� Multi-Family Apartment BuildingPemik ) li M40dNI-ber tQm° °_' "�' �a Golden Valley,Minnesota A g umu,nnl o..eln s .;z >� aaag � 1 _ _ _ . s _ - ._..._ _ r ........••.. ¢ ' MEDICINE LAKE l ROAD a ' g! cZi �s ... I ^ ° oae °YYYt �• =i'iY�Si� �� �d s .�[i � � �(i; I ��7 �p�� �1 I �:: N A• w � i ;�I cmi:,l TH TH TH' TH •_ gggg pp xg � 4 I Irl �' ° gg gg � -x I ' ip. I FFE-e0]10 =sem:.• —'—'-_-'— -- —.-... 7H TH TH T 0 _ 1 w a' .:�. ,,�_ O taliy yps °II�II aZ II G q "tali g t.' 223 i � s$aaEa :$ s3 � 2d'$YIg yyy U �g i TH r T r I :: rrE-eo7.+o ,,..r<x..... �,g .sg�y SSgs�%Y 38�33�3gg zm � 9 i 3 RU, 9 + m g 1 ugp ` 9.� a 3 I B$3£�p�, po�.to 4 STH TH TH i 's w 333 � a III s t O • " - S€;, eI & ° I g • I sem $" g�w g � 1: she a r 1," F. gx" ,r g a$ A � • g s_ -, a 'a� z '`� 4$ I :aE ' • f ------_ a04 xS t u- - ' I �_ I iFE X11.50 - FFE- 10.00 fiE-YOB.00 fFF ➢00.00 --: - H r H I" 7H'w, iH TH 7H- H TH' �l r :.TH , 1I -01 y M.. lT I -•4 _y I i Issued ,, ,N.�>u wr.n ,„� Rehder & Associates,Inc. GRADING, DRAINAGE EROSION CONTROL 1•»° '�°`+"e w"°.°"°°t°' flowea sort mue:wla 1-,e-,e duy U nwd Prolebefon°I Enpinsv unser �[r,i[Eng (-� & SWPPP PIAN _ a.ba tIa sem.Y ,fln�.Y�. ,n.r.,,Nmen.,an1tAntsn tfl., Z atr eueurtu +e b+,u r•«I.,ul ....silt.i io.r•.,Knn•.dS.,ua..;.s.z� h = LIBERTY CROSSING 00f�"N0'' e Q'1° flb11 4.61•F.:66Nbf PP4l• mW:Nlo�rcLderc°tn ,,pRnrs do URIs mleEMs -]t-te Ibte 8-21-16 CITY OF GOLDEN VALLEY „o,p "°'' yp b F1e m. nuow.P.�.m Rap.No.13858 PnaEa no.:+�+-z+33.osz ona+re FRE 4153052.DWG Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. F. Award Contract to Eureka Construction, Inc. for Liberty Crossing Flood Mitigation Project, City Improvement Project 15-16 Prepared By Jeff Oliver, P.E., City Engineer Summary Bids for the Liberty Crossing Flood Mitigation Project, City Improvement Project 15-16 were opened on September 7, 2016. The following bids were received: Eureka Construction, Inc.$4,276,207.98 Minger Construction, Inc.$4,376,206.80 Carl Bolander & Sons $4,570,945.25 Veit & Company, Inc.$4,588,117.48 Park Construction Company $4,938,061.88 Rachel Contracting $5,156,214.05 The Liberty Crossing Flood Mitigation project includes the construction of above and below ground flood storage, relocation of a Metropolitan Council Environmental Services (MCES) sanitary sewer forcemain, and reconstruction of a portion of Rhode Island Avenue, including installation of two cul-de-sacs and removal of the roadway between the cul-de-sacs to construct a portion of the flood storage. This project is the first phase of a long-term flood damage reduction project that will reduce flood elevations in the DeCola Ponds neighborhood and on Medicine Lake Road between Winnetka and Rhode Island Avenues. When the developer of The Liberty (formerly Liberty Crossing) Apartment and Townhome Development (located south of Medicine Lake Road and east of Winnetka Avenue) approached the City regarding the development, the flooding in this area was discussed. Because the northern portion of The Liberty site is also inundated during floods in the area, the developer agreed to work with the City to begin implementing flood mitigation that would allow the property to redevelop without negatively affecting the existing flood levels. This cooperative effort included a reduction in the number of townhome units constructed by the developer and the City is purchasing the easement where the flood mitigation features will be constructed. Funding for these services is included in the 2016-2020 Capital Improvement Program (SS-28, page 87) in the amount of $6,692,000. Financing for the Liberty Crossing Flood Mitigation Project is from Tax Increment Financing previously approved by Golden Valley Housing and Redevelopment Authority. The low bid for the project is in order and within the budget for the project. Additional financing is provided by the MCES for the relocation of its sanitary sewer forcemain which includes reimbursement for all of the $853,107.50 construction costs and seven percent (7%) of the construction costs for indirect costs, including construction observation, staking, and preparation of record drawings. The City also applied for a Hennepin County Environmental Response Fund Grant to provide financing for the removal of contaminated soils on site. The estimated financial assistance from Hennepin County is $152,000; which includes project design and oversight, soil sampling during excavation, and disposal of contaminated soils. The schedule for the improvements includes installation of the above and below ground flood storage during the fall and winter of 2016. The MCES forcemain relocation, reconstruction of Rhode Island Avenue, and landscaping are scheduled to be completed during the spring of 2017. Attachments •Location Maps (2 pages) Recommended Action Motion to award a contract for the Liberty Crossing Flood Mitigation Project, City Improvement Project 15-16, to Eureka Construction, Inc. in the amount of $4,276,207.98. ------------- -------------------------------------------------------------------------------------------- z a, y > � M Q O N '0 C7 N f6 (1) .2 N 0 Q o O LL L Underground Flood Storage Tank i \} Private Open Space The Liberty - Development a d A 0 --- N 0 0 0 LL Z p _ C Q ( o Y � 1 C c DeCola ' Pond B C z a� � > oa Pennsylvania Woods = 01tiett Flood Storage and Infrastructure vane'J; Improvement Project z z z a) Q co Quev �� .7 L �G •� Z O C J Q outtty-Rd-7-©------------------------- ------------------f0edirine-Lakeftd-------------------------------------------- c� J tC LO r .a r C v > a z Madison Ave W C Decola Decola z Pond B Pond C - , ` Pennsylvania Madison WoodsPond 23rd Ave N _ } Sandburg Rd z Decola a, -,. ,,: Pond D Decola Pond A Ct a� = O� c Isaacson Winnetka Heights Park Decola Decola Pond E Pond F z z z Q z a) Q Q = Duluth St �+ N > i E -°'a � cn Wildwood Park Cn o c to a' LO a- z J� A Q- Location Map Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. G. Call for Public Hearing to Vacate Easements at 5301 Woodstock Avenue Prepared By Marc Nevinski, Physical Development Director Eric Eckman, Public Works Specialist Summary In preparing to sell the subject property, the owner discovered that their attached garage was constructed over an existing utility and drainage easement dedicated in the plat of Clover Leaf Terrace 2 nd Addition. The easement extends across Lots 3 and 4 in Block 2. The house and garage were constructed in 1960 and a portion of Lot 3 was combined with Lot 4 around 1979. It appears the easement in question was not properly vacated at the time of construction or lot combination. The property owner would like to rectify this situation so the property may be sold, and has requested that the City vacate the easement accordingly. Staff sent a letter to all private utility companies requesting their review and comment on the easement vacation, and there has been no objection. Since the easement is not adjacent to public water, no notice to the Commissioner of Natural Resources is required for this vacation. If City Council approves the call for public hearing, staff will publish and post a notice of public hearing and send letters to all affected property owners consistent with state statute. Attachments •Aerial Photo showing easement (1 page) •Plat of Clover Leaf Terrace 2 nd Addition showing proposed easement vacation (1 page) •Resolution Establishing a Public Hearing to Consider the Vacation of Easements at 5301 Woodstock Avenue (1 page) Recommended Action Motion to adopt Resolution Establishing a Public Hearing to Consider Vacation of Easements at 5301 Woodstock Avenue on October 18, 2016, at 6:30 pm. r� Easement to be Vacated `501 Clover L`n Woodstock Ave , :p t �t f 5301 `' Woodstock!Ave J C , f 415 Clover Ln M t L ` hy. s: 'i 3551 ;i Clover Ln Print Date 9/13/2016 Sources. -Hennepin County Surveyors Office far Aerial Photo Property Lines(2016)&Aerial Photography(2015) -City of Golden Valley for all other layers. 0 25 50 100 Feet Easement to be Vacated � �9es+, f:oma ,rwnJ�:�29 f ,Y,�► .t ► � /DO c 1 fn I'r OQf✓irT Coe O' 2 t oaA h � 0 121 ° / ; 1hv- 1M 49 O ArO.7Ii �e �S2 ego Efate .y�yay�ivo ` Z,� 8 d Not 1 i vii/ify 4r�e/ `� �i • fs '6¢/n0 J, • c as i�d c ar�ad / 1 It I r 1 Date: 9/13/2016 Sourcese -Hennepin County Surveyors Office for Plat Map Property Lines(2016)d Aerial Photography(2015). -City of Golden Valley for all other layers. 0 50 100 200 Feet Resolution 16-54 September 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING TO CONSIDER VACATION OF EASEMENTS AT 5301 WOODSTOCK AVENUE WHEREAS, the City desires to consider vacation of certain platted utility and drainage easements in the recorded plat of Clover Leaf Terrace 2nd Addition, legally described as follows: The west 5.00 feet of said Lot 4, Block 2; and The east 5.00 feet of said Lot 3, Block 2, except the south 20.00 feet thereof. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby schedules a public hearing on October 18, 2016, at 6:30 pm to consider vacation of the easements. 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. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. H. Authorize Agreement with Short Elliott Hendrickson Inc. (SEH) for preparation of the 2040 Comprehensive Transportation Plan Prepared By Jeff Oliver, PE, City Engineer Summary Each community within the seven county metropolitan area is required to prepare a Comprehensive Transportation Plan as part of its required 2040 Comprehensive Plan. Among the required components of the Transportation Plan include forecasted trip generation for 2020, 2030, and 2030; mapping of the roadway system including functional classifications, traffic volumes, and crash history; preparation of bicycle and pedestrian plans; analysis of existing and proposed transit facilities and analysis of potential safety improvements. Staff solicited a proposal from the City’s consulting traffic engineer at SEH, Inc., dated September 7, 2016, to prepare the Comprehensive Transportation Plan at a not to exceed cost of $60,000. A copy of the proposal is attached to this memorandum for reference. The proposal also includes advisory services for the ongoing Bicycle and Pedestrian Planning Committee. Funding for these services is included in the 2016-2020 Capital Improvement Program (S-35, page 108) in the amount of $67,500. Attachments •Letter of proposal from Mike Kotila from SEH, Inc. to Jeff Oliver, PE, City Engineer dated September 7, 2016 (8 pages) Recommended Action Motion to enter into a professional services agreement with SEH, Inc. for preparation of the Comprehensive Transportation Plan at a not to exceed amount of $60,000. -A SEH Building a Better World for All of Us® September 7,2016 RE: Golden Valley,Minnesota Comprehensive Transportation Plan Update SEH No.P-136124 GOLDV Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Dear Jeff: Thank you for the opportunity to provide professional services to the City of Golden Valley for updating the transportation chapter of the City's Comprehensive Plan. This letter serves as a Supplemental Letter Agreement in accordance with the Agreement for Professional services between the City of Golden Valley and Short Elliott Hendrickson Inc. (SEH). The following work scope provides an outline of the tasks needed to complete the Transportation Plan Chapter as required by the Metropolitan Council and to participate in the City's Bicycle and Pedestrian Planning Task Force. As part of this work effort SEH will perform data collection,system analysis and planning work to document existing and future transportation system needs that will be reported in the form of deliverable products that include:2040 Travel Demand Forecasts,a roadway safety and capacity assessment, functional classification map,right of way preservation and access management guidelines,a transit system plan,and a bicycle and pedestrian trail system plan. SEH will prepare the comprehensive plan report documents in accordance with City defined parameters for software and document format.Appendix materials will be provided electronically in PDF file format. Base maps,borders and legends for snap figures will be developed using a City provided template. Scope of Work Task 1.0 Data Collection and Issues Identification-This task involves the collection,assembly,and synthesis of existing data and reports prepared by the City of Golden Valley or other agencies that will have an effect on the community's transportation system,including plans and studies by neighboring communities,Hennepin County,Three Rivers Park District,the Metropolitan Council,Metro Transit,and Mn/DOT.The goal of this task will be to develop a thorough understanding of the local and regional development activities,policies,and system planning and design efforts that will impact the outcome of Golden Valley's Transportation Plan update. These data collection efforts are expected to be augmented by the City of Golden Valley's and Hennepin County's GIS data systems and Metro/State agencies that track statistics and trends, and have jurisdictional requirements for plan preparations. 1.1 Data Collection and Review—This task will include,but not be limited to,researching the following sources: Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,10901 Red Circle Drive,Suite 300,Minnetonka,MN 55343-9302 SEH is 100%employee-owned I sehinc.cotn 1 952.912.2600 1 800.734.6757 1 888.908.8166 fax Golden Valley Transportation Plan Update September 7,2016 Page 2 • Golden Valley and regional demographic information(population,employment, and household data)as available locally and by the Metropolitan Council • State Aid Needs(functional classification, design type,traffic volumes,segments,etc.) • Metropolitan Council 2040 Transportation Policy Plan(TPP) • Metropolitan Council Blue Line Extension • Metropolitan Council Bus Rapid Transit Studies for TH 55 and I-394 • State Freight Plan • Mn/DOT Metro District Transportation System Plan(TSP)and 10/20 year long-range improvement plans • MnDOT's US 169 Mobility Study • Hennepin County 2040 Bicycle Transportation Plan • Three Rivers Park District Trail Plans • Minneapolis Parks System Trail Plans • Available updated transportation plans from the cities of New Hope, Crystal,Robbinsdale, Minneapolis, St.Louis Park,Minnetonka,Plymouth and Hennepin County. • Mn/DOT Corridor Studies and roadway plans, including I-394,TH 169,TH 55 and TH 100 • Golden Valley Redevelopment Special Study Areas(to be identified). 1.2 Identify Transportation Needs and Issues-SEH will obtain and build on the above data sources to establish key functional elements of the transportation plan, and also prepare an accounting of issues,deficiencies and critical transportation system needs which will be depicted on a Transportation Issues Map Exhibit. 1.3 Update Transportation Goals- SEH will review goals, objectives,and policies as defined in the City's 2008 Transportation Plan,gather feedback from the public and the City comprehensive plan team to organize and categorize transportation needs, issues,and concerns,and then develop updated transportation goals and objectives that will be used to guide the development of an implementation plan to transform objectives into reality.The goals will recognize the need to maintain and preserve the City's transportation system infrastructure. Task 2.0 Transportation Needs Assessment-The objective of this task will be to gain a complete understanding of the current Golden Valley transportation system's needs and deficiencies and quantify them wherever possible.There are fourteen categorized subtasks associated with this element of the Transportation Plan Update;each will be documented in a sub-section of the Transportation Plan Chapter,as follows: 2.1 Traffic Analysis Zones(TAZ)—The Metropolitan Council TAZ's and Sub-area TAZ's from the City's current transportation plan will be reviewed,refined and represented on a map exhibit. 2.2 Map Existing Streets and Highways—The existing roadway network will be represented on a map exhibit along with existing Average Daily Traffic(ADT)for arterials and collector routes. 2.3 Develop 2040 Travel Demand Forecasts-SEH will prepare 2040 traffic forecast projections for the community by preparing a traffic model for the City of Golden Valley using the Metropolitan Council's regional model as a base. The model will be based on future land uses as proposed by the Overall Comprehensive Plan Update team, updated Transportation Analysis Zone(TAZ)data, and results from available forecasts prepared for other local and regional Golden Valley Transportation Plan Update September 7,2016 Page 3 plans and studies. Model outputs will be analyzed, interpreted and refined.The forecast model approach is best suited for the regional trips on the principal arterial and minor arterial system but can be less reliable to predict demands on lower level arterials and collectors.Therefore, SEH will also utilize a forecasting methodology based upon historical traffic growth using a trend-line analysis process.Regional travel demand model results and trend-line analysis results will be integrated to create a forecast leveraging the strengths of both methods. Forecast results will be further reviewed to confirm that traffic impacts of planned development within Golden Valley,or adjacent communities are recognized in the forecast. 2.4 Capacity Assessment- SEH will assess the existing system capacity of the arterial and collector roadways through Golden Valley using volume/capacity(V over C)ratios resulting from the 2040 travel demand forecasts. The capacity assessment will identify roadways expected to experience capacity deficiencies.The roadways with anticipated capacity deficiencies can then be considered as potential improvement corridors from which programming priorities can be recommended. 2.5 Safety Assessment-Through discussions with City staff,the City traffic safety committee,and with input from the public,roadway safety issues will be identified and documented. SEH will utilize the Minnesota Crash Mapping Analysis Tool(MnCMAT)crash history database to identify crash frequency on area roads and intersections.The historical crash frequency will be depicted on a citywide map exhibit. The combination of historical crash data and known safety and operational problems will be used as a basis to identify intersections or roadway segments experiencing safety concerns that may worsen as development intensifies and traffic demands grow.These factors will be useful to identify and prioritize future safety studies and foster development of improvement strategies which could include access management, intersection modifications,traffic control changes or signal timing changes. 2.6 Functional Classification Evaluation-Golden Valley's existing functional classification system,as recorded in the Metropolitan Council's current functional classification map will be evaluated based upon criteria defined in the 2040 Transportation Policy Plan(TPP)for principal and minor arterial roadways. The Met Council's map recognizes major collectors but not minor collectors;this distinction is important when considering eligibility for some funding opportunities and will therefore be closely examined.Recommendations for changes to the functional classification system will be documented for consideration by the Met Council. 2.7 Transit-SEH will identify and map Golden Valley's transit service area,existing and planned transit routes, park and ride facilities and interconnecting facilities in the community(or in surrounding communities that will impact the local system) including the Metropolitan Council's planned Blue Line station on Golden Valley Road,MnDOT's current US 169 Mobility Study,and Metropolitan Council Bus Rapid Transit(BRT)studies on 1-394 and TH 55.The plan will include identification of opportunities to improve multimodal transit connections with pedestrian and bicycle trail systems. 2.8 Bicycle and Pedestrian Systems-SEH will assist City staff in providing technical support to the Task Force.Tile task force work will assess current bicycle and pedestrian movements in the community,identify trail needs,address partnering interests(Minneapolis Park Board, Three Rivers Park District and Hennepin County),and develop methods to address safety problems and trail continuity deficiencies, and identify opportunities that will become a part of Golden Valley Transportation Plan Update September 7,2016 Page 4 the long-range plan. SEH will provide guidance on bike facility design standards,preparation of typical sections or other related exhibits for potential bike and pedestrian improvements. SEH will assess network connections and the viability of pedestrian and bicycle facilities along routes or through intersections defined by the Task Force. Support may include identification of best practices for crossing treatments,transitions between off road and on-road facilities,or other technical support. (See also Task 4.2—Pedestrian and Bicycle Task Force Meetings). 2.9 Complete Streets—SEH will review the City's current complete streets policy and provide recommendations for updates complimentary to the updated transportation plan and the work of the bicycle and pedestrian task force. 2.10 Airports-Golden Valley does not own,operate,or host an airport as a part of the Metropolitan Airports Commission or other private landing facility. Neighboring communities of Crystal and Robbinsdale do,however,have airports and/or hospital facilities with heliports.This study will reference current Federal Aviation Administration(FAA)regulations for airspace protection.This study will also document Golden Valley's location relative to Metropolitan Airport Commission(MAC)noise policy area. 2.11 Freight and Heavy Commercial Vehicles—Freight movement and the operations of commercial vehicles within Golden Valley's commercial and industrial areas will be acknowledged. The effects that commercial traffic has on local roads that serve existing and planned commercial and industrial land uses will be identified.The effects that commercial traffic has on roadway functional classification will also be reported. 2.12 Pavement Management Program—The transportation plan will acknowledge the City of Golden Valleys pavement management program(PMP)as the source for guidance on programming reconstruction of local streets.The plan will also recognize the need to address maintenance and preservation priorities and support efforts to fund an ongoing infrastructure renewal program. 2.13 Right of Way Preservation-The transportation plan will document the City's need to preserve right of way for new roadway or trail facilities or expansion of existing corridors where appropriate. 2.14 Access Management-The transportation plan will address the spacing between public street and/or private access points on the roadway system based upon the functional classification of the roadway. Task 3.0 Transportation Comprehensive Plan Chapter Preparation- SEH will provide the City of Golden Valley with draft and final report deliverables in a format developed or defined by City staff.The report will present an overview of the work completed in each of the above tasks. The report will also include an implementation plan identifying short,medium and long range improvements. 3.1 Draft Transportation Plan—SEH will provide a digital(pdf)Draft Transportation Plan report with supporting exhibits for City and outside agency review. Golden Valley Transportation Plan Update September 7,2016 Page 5 3.2 Final Transportation Plan - SEH will incorporate changes based on comments received from staff and from reviewing agencies.A fully assembled Final Transportation Plan report with supporting.exhibits will be provided digitally(pdf)and up to five bound hard copies. Original source documents will be provided in digital format. Task 4.0 Meetings and Project Management-SEH will prepare for and attend meetings in coordination with City staff,providing handouts or digital presentations as appropriate for each meeting. SEH will prepare up to 10 exhibits for use at meetings and suitable for report graphics. 4.1 City Staff Coordination Meetings—SEH will attend City comprehensive plan team meetings to coordinate development of the transportation plan in concert with the broader comprehensive plan update.A kick-off meeting plus up to seven additional meetings are anticipated. 4.2 Pedestrian and Bicycle Planning Task Force—SEH will provide technical review and support to the task force and will attend at up to four task force meetings. SEH will support the work of the committee as described in Task 2.8. 4.3 Agency Coordination Meetings- SEH will attend coordination meetings with other agencies (MnDOT,Hennepin County,Neighboring Cities,Met Council,etc).Assume up to four meetings with various agencies with 1 SEH staff member in attendance. 4.4 Community Meetings—SEH will prepare for and attend up to two public open house meetings to receive public input on the draft transportation plan.The meetings will be publicized by City staff and may be held simultaneously with presentation of other elements of the comprehensive plan.The first community meeting will be held at the beginning of the process to identify issues.The second meeting, if needed,will be held to gain public input on the draft comprehensive plan. 4.5 Planning Commission Meeting—SEH will present the draft transportation plan to the Planning Commission. 4.6 City Council/Managers Meeting—SEH will present the draft transportation plan to the council at a council managers meeting in a power point format. 4.7 Project Management and Administration—This task includes communication and coordination with City staff,scheduling of work, SEH team coordination,quality control of SEN developed products,management of the project budget,monthly invoicing and record keeping. Project Team Mike Kotila will serve as SEH's Project Manager. Mike will be supported by a strong and experienced team of professionals including: San Turrentine,AICP,a transportation planner;Heather Kienitz,PE,a non-motorized transportation specialist;Haifeng Mon,PE,for travel demand forecasting;Mike Steuernagel,GIS Specialist,for mapping and analysis;and, Sue Mason will assist with resource management; plus,other staff as shown in the task hour budget. Additional information regarding team members will be provided at your request. Golden Valley Transportation Plan Update September 7,2016 Page 6 Project Schedule We anticipate beginning the project as soon as an agreement as been approved by the City. The transportation plan will be developed over an approximate 10 month period concluding in July 2017. Completion of the comprehensive plan is required by the Metropolitan Council by January 1,2018. Compensation SEH proposes to be compensated for the scope of services proposed in the agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses,including reproductions,mileage and equipment. We have estimated that the services described above will cost up to$60,000. A task/hour budget for the work scope to complete the transportation section of the Golden Valley Comprehensive Plan is attached. If this docurnent satisfactorily sets forth your understanding of our agreement,please sign the space below and return one copy to our office. We look forward to working with you,your staff and the community on this project.Thanks for the opportunity to continue working with the City of Golden Valley. Respectively submitted, SH T ELLIO HENDRICKSON INC. kWA'A"— Mike Kotila,P.E. �usan M. Mason, P.E. Sr.Transportation Engineer/Project Manager Client Service Manager Accepted by: City of Golden Valley By: Date: Authorizcd Client Signature Enclosure p:U\g\goldv\980100\transportation plao\2016\2016 gv comp transportation workscope rev2.doc City of Golden Valley 2016 Transportation Plan Update- Task Hour Budget 91712016 SEH Title Principal Project SeniorTraltc Grad.Trafflc Sr.Trans. Trans. Senior GIs Manager Engineer Engineer Engineer Planner Specialist WORK TASKS A TOTAL Assistant Name Sue Mason Mks Kotlla Hadeng Xbu ,brpen4can NKtersf�tz Sam Tutine StaMwrk natlei Task 1.0-Data Collection and Issues Identification 1.1 Data Collection and Review 1 2 2 2 7 1.2 Identify Transportation Needs and Issues 4 2 2 12 20 1.3 Update Transportation Goals 1 3 4 Task 1.0 Total Hours 6 2 2 7 14 31 Task 1.0 Deliverables: Transportation Issues Map;Goals and objectives. Task 2.0-Transportation Needs Assessment Met Council Required 2.1 Traffic Analysis Zones(TAZ) X 2 4 6 2.2 Map Streets and Highways X 1 2 6 9 2.3 Develop 2040 Travel Demand X 4 80 6 90 Forecast 2.4 Capacity Assessment X 1 8 6 15 2.5 Safety Assessment X 2 4 6 12 2.6 Functional Classification Evaluation X 4 2 6 12 2.7 Transit X 1 2 2 6 11 2.8 Bicycle and Pedestrian Systems(includes X 6 8 20 4 8 46 technical support for Task Force) 2.9 Complete Streets X 1 1 2 2.10 Airports X 1 1 2.11 Freight and Heavy Commercial X 1 1 Vehicles 2.12 Pavement Management Plan 1 1 2.13 Right of Way Preservation X 1 2 3 2.14 Access Management X 1 2 3 Task 2.0 Total Hours 22 90 14 22 16 48 212 Task 2.0 Deliverables: TAZ Graphic,Functional Classification Graphic,2040 Traffic Forecast,Capacity Assessment,Safety Issues Graphic,Transit Service and Facilities Graphic,Future Right-of-Way Needs,Pedestrian and Bicycle System Plan,Implementation Plan Task 3.0-Transportation Comprehensive Plan Chapter Preparation Met Council Required 3.1 Draft Transportation Plan X 8 8 16 4 8 44 3.2 Final Transportation Plan X 3 2 4 2 4 15 Task 3.0 Total Hours 11 10 20 6 12 69 Task 3.0 Deliverables: The Draft Transportation Plan will be provided In pdf format only for review; The Final Transportation Plan document will be provided as follows:1 unbound reproducible original copy,up to 5 bound copies, and 1 CD.The CD will also include text and map figures In their original format and pill format. sex.ti,e. snrmie City of Golden Valley �j 2016 Transportation Plan Update- Task Hour Budget /� 9/7/2016 SEH Title Principal SenlorTraffic Grad.Traffic Sr.Trans. Trans. Senior GIS Manager Engineer Engineer Engineer Planner Specialist WORK TASKS TOTAL Assistant Name Sue Mason Mke Rotila Naileng)Garr rgJorgeenson K Heattw Sam Tuxentlk na sleu Task 4.0-Meetings and Project Management 4.1 City Staff Coordination Meetings(up to 8 monthly 24 24 meetings) Pedestrian and Bicycle Planning Task Force and 4.2 Analysis of Network Connections(4 task force 12 12 meetings) 4.3 Agency Coordination Meetings(up to 4 meetings) 8 8 4.4 Community Meeting(up to 2 open house meetings) 8 8 4.5 Planning Commission Meeting(prepare and 4 4 attend 1 meeting) 4.6 City Council/Managers Meeting(prepare and 4 4 attend 1 meeting) 4.7 Project Management and Administration 2 16 4 22 Task 4.0 Total Hours 2 76 4 82 Task 4.0 Dellverables: Meeting materiels,displays,handouts,digital presentations,meeting agendas and/or summaries;progress reports and Invoicing Total Project Hours 2 1 115 90 16 34 1 43 68 16 384 Total Labor,Overhead,and Profit $58,360 Reimbursable Expenses Estimated Mileage Costs: 30 trips at 20 milestrip t $0.54 per mile $324.00 Report Reproductions: 5 Reports at $50 each $250.00 Miscellaneous External Expenses: $86.00 Exhibit Boards: 10 Boards at $100 each $1,000 Reimbursable Expenses Totals $1,640 Total Project Cost $60,000 rr�owmwwnm.,,eror.runanvQsl a aaw.v,.,r tt,uprt++..nrr rw r....vxmrr.w Mrl SEH,Nc. V7lia16 Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. I. Authorize Agreement with Barr Engineering Company for preparation of the 2040 Comprehensive Surface Water Management Plan Prepared By Jeff Oliver, PE, City Engineer Summary Each community within the seven county metropolitan area is required to prepare a Comprehensive Surface Water Management Plan as part of its required 2040 Comprehensive Plan. Among the required components of the Surface Water Management Plan are a description of existing and proposed land uses, an assessment of existing and potential water resource issues, and a local implementation plan to address water resource related issues. In addition, the proposal includes analysis of the proposed plan for consistency with the recently adopted Bassett Creek Watershed Management Commission and the Minnehaha Creek Watershed District’s comprehensive watershed management plans. Staff solicited a proposal from Barr Engineering Company, dated August 29, 2016, to prepare the Comprehensive Transportation Plan at a not to exceed cost of $44,900. A copy of the proposal is attached to this memorandum for reference. Barr Engineering prepared the City’s 2030 Comprehensive Surface Water Management Plan. Funding for these services is included in the 2016-2020 Capital Improvement Program (S-35, page 108) in the amount of $67,500. Attachments •Letter of proposal from Karen Chandler from Barr Engineering Company to Jeff Oliver, PE, City Engineer dated August 29, 2016 (11 pages) Recommended Action Motion to enter into professional services agreement with Barr Engineering Company for preparation of the Comprehensive Surface Water Management Plan at a not to exceed amount of $44,900. resourceful. naturally. = BARR engineering and environmental consultants August 29, 2016 Mr.Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Agreement for Surface Water Management Plan Update Dear Mr. Oliver: Thank you for retaining us. 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 (City) and Barr Engineering Co. (Barr) regarding updating the city's Surface Water Management Plan, in coordination with the city's Comprehensive Plan update. This letter presents the scope of professional consulting services we will provide for your project, including our understanding of the project, the proposed work tasks,the cost estimate, and the schedule for updating the SWMP, and reflects communications with staff on August 12, 2016 regarding the scope of work. Project Understanding The City of Golden Valley seeks to update its Surface Water Management Plan (SWMP)to meet the requirements of the Bassett Creek Watershed Management Commission (BCWMC) 2015 Watershed Management Plan (BCWMC Plan),the Minnehaha Creek Watershed District(MCWD)Watershed Management Plan (MCWD Plan), and inform components of the City's Comprehensive Plan,which must be updated by the end of 2018.The MCWD is currently in the process of updating the MCWD Plan, but will not complete their plan update until fall of 2017. Barr will seek input from the MCWD and will address requirements included in the draft MCWD Plan,to the extent they are known.This scope of work assumes the SWMP project schedule will be maintained independent of the MCWD schedule. Barr will assist the City in updating the SWMP to accurately reflect the City's goals for surface water resource management and provide direction towards achieving those goals through policies, standards, and an implementation program. This may include eliminating content no longer relevant, updating existing content that is outdated, and developing new content. The SWMP will reflect current City issues and initiatives as they relate to surface water resource management, including increased focus on sustainability and resiliency, economic competitiveness, and actions associated with the City's participation in the Minnesota GreenStep program. We understand that City staff seeks to implement a long-term infrastructure renewal program to finance planned updates to City stormwater infrastructure over the life of this SWMP and beyond. Barr will work Barr Engineering Co. 4300 MarketPointe Drive,Suite 200,Minneapolis,MN 55435 952.832.2600 www.barr.com Mr.Jeff Oliver City Engineer August 29,2016 Page 2 with City staff to identity related issues, goals, and implementation items and incorporate them into the SWMP update. Barr will leverage its familiarity with the City, the BCWMC, and metro watershed management to develop a SWMP that is consistent with the requirements of applicable watershed management organizations (WMOs), the Metropolitan Council, and meets all applicable state and local requirements. Barr will guide the SWMP through watershed management organization review and approval and coordinate with City staff to maintain a schedule consistent with the City's Comprehensive Plan update. The City has recently begun the process of updating its Comprehensive Plan and has scheduled an open house for September 19, 2016. We understand the City will be including optional content in the Comprehensive Plan addressing sustainability and resilience, and economic competitiveness.The City's SWMP will serve as a basis of information for a Comprehensive Plan chapter addressing water resources and other applicable chapters. Barr will work with the City to ensure stormwater management and natural resource information relevant to the Comprehensive Plan's water resources chapter is developed as part of the SWMP update. Barr will provide content for the Comprehensive Plan in editable format to allow City staff to incorporate the necessary data into the Comprehensive Plan.We understand the Comprehensive Plan water resources chapter will also include water supply and wastewater information developed outside the scope of the SWMP. Our scope of work includes involvement of City staff at a number of key points throughout the planning process.The involvement of City staff, City commissions, the City council and the public in the planning process is detailed in the scope included below. Surface Water Management Plan Revision Work Tasks We subdivided the SWMP update scope of work into four primary tasks: 1. Develop draft SWMP document 2. Revise SWMP and guide SWMP through adoption 3. Provide content for Comprehensive Plan chapter Deliverables and meetings are highlighted in bold text in the following task descriptions and inform the cost estimate provided with this scope. Barr will adjust deliverables and meetings as requested by City staff with the understanding that such changes may affect the project cost. Task 1. Develop draft SWMP document Barr will update the text,tables, figures, and appendices of the SWMP document as necessary to provide a useful guidance tool that meets the needs of the City. Generally, SWMP updates will include 1) revisions or additions needed to satisfy the requirements of the applicable watershed management organizations (WMOs), Metropolitan Council, and all applicable state rules, and 2) revisions or additions to address current and future City needs. Barr will use a Microsoft Word format template or style-guide consistent with City branding, if provided by the City. Mr.Jeff Oliver City Engineer August 29,2016 Page 3 To begin the SWMP update process, Barr will attend an open house at the City on September 19, 2016. At the open house,the public will learn more about the City's Comprehensive Plan update and have the opportunity to provide input that may inform updates to the SWMP. Following the open house, Barr will begin updating sections of the SWMP. The following are the types of changes expected in each section of the SWMP(based on current SWMP format,which we do not anticipate changing): • Section 1.0—Executive Summary—the Executive Summary will require revision, based on the changes to the subsequent sections. • Section 2.0—Goals and Policies—new and/or revised objectives and policies will be needed to reflect 1) updated requirements for cities included in the 2015 BCWMC Plan, 2) new or changed regulatory programs(e.g., updated NPDES MS4 requirements), 3) new or suggested changes to City Ordinances/requirements/programs, and 4) emerging issues to be addressed. Specifically, we will work with City staff to include goals and policies to address sustainability, resiliency, and stormwater infrastructure planning and replacement. • Section 3.0—Physical Environment Inventory—Barr will update the text, tables, and figures of this section to reflect the most current available natural resource data. Key updates will include updated climate data (i.e., Atlas 14), updated hydrologic soil classifications, 2016 impaired waters, and others.We understand the City has performed studies relevant to the Physical Environment Inventory since the 2009 SWMP, including a natural resource management plan completed in 2015. Our efforts will incorporate or reference existing data sources, as applicable, without replication.The proposed scope of work does not include any new modeling. Barr will include P8 water quality modeling results available from the BCWMC in a format similar to that already developed. Barr will also incorporate available hydrologic and hydraulic modeling results made available by the BCWMC in the form of tables and figures showing the extent of inundation during the 100-year event. Results from the BCWMC hydrologic modeling will be included in table and figure formats similar to that already developed for the BCWMC, understanding that some minor changes to mapping or model results are included in this scope.This scope assumes that the City will request water quality and hydrologic model results from the BCWMC and the BCWMC provides this data in a manner consistent with the proposed project timeline. Barr will omit data tables corresponding to modeling or other analyses that are no longer current, including Table 3-3, Table 3-4,Table 3-20 through Table 3-25, and others as identified in cooperation with City staff. Barr will update the figures of Section 3.0 to reflect current, publically available GIS data and infrastructure data provided by the City. We assume the City will provide a GIS basemap template and GIS baselayers of data specific to the City(e.g., storm sewer network). • Section 4.0—Assessment of Opportunities and Issues—this section will require minor updates to reflect the City's progress in addressing existing issues and the emergence of new issues. Barr will include information about increased storm intensities and issues identified by modeling results (e.g., inundation mapping). Barr will rely on City staff to provide information about current local issues (e.g., localized flooding). Barr will work with City staff to incorporate text related to emerging issues of sustainability, resiliency, and stormwater infrastructure replacement. • Section 5.0—Implementation Program— Barr will revise this section to reflect changes in City operations and programs. Barr will work with City staff to update design standards to be current with City ordinances and practice.As part of this work,we will review the City's ordinances and prepare a memo noting where revisions are needed to meet either WMO requirements or City Mr.Jeff Oliver City Engineer August 29,2016 Page 4 needs(Note: per the BCWMC Plan, cities are to update their official controls by September 2017). Barr will update the implementation tables (Table 5-2 and Table 5-3)to include relevant items from the BCWMC 10-year and working capital improvement plans and City-identified projects. Barr will contact the MCWD early in the project to identify planned MCWD implementation items for the City;we will update Table 5-1 (MCWD Implementation Items) based on input received from the MCWD, if necessary. Barr will work with City staff to document the process the city uses to prioritize projects and organize the SWMP implementation table to coordinate with other City programs(e.g., pavement management, park projects)where possible. • Appendices— Barr will update the SWMP appendices to include references/web links where available. The City's SWPPP(Appendix A) and private maintenance agreements (Appendix B)will be updated based on data provided by the City. Appendix C(Floodplain Overlay Zone),Appendix D (Shoreland Management Ordinance), and Appendix E (Fisheries Information) will be replaced with links within the SWMP. Modeling and monitoring data in Appendix F (Sediment Pond Survey), Appendix G (1995 Storm Event Monitoring), and Appendix H (Water Quality Modeling Results)will be replaced with newer information, if available. The above scope and associated cost reflect development and submittal of a draft SWMP for City staff review. Barr will provide the draft SWMP in electronic format (PDF) and one printed copy. This task assumes electronic and telephone communications with City staff throughout Task 1, and two meetings with City engineering and planning staff(and/or the City's other consultants working on the Comprehensive Plan)to discuss key updates to the most sensitive plan content(e.g., goals and policies, implementation) and promote coordination with the Comprehensive Plan update. Task 2. Revise SWMP and guide SWMP through adoption Following the development of the draft SWMP in Task 1, Barr will seek feedback from City staff. Planned opportunities to receive feedback on the draft SWMP will include: • One joint meeting of the planning commission, environmental commission, and parks/open space commission • One City Council/Manager meeting Barr will prepared a revised SWMP in electronic format (PDF) based on feedback received from City staff at the two meetings listed above and submit the revised SWMP in electronic format to the Metropolitan Council, BCWMC, and MCWD for 60-day review as required by MS 10.3B.235. Barr will present the revised SWMP at: • One meeting of the BCWMC • One meeting of the MCWD (if required) Barr will review feedback received from the BCWMC, MCWD, and Metropolitan Council and summarize the comments in a memorandum to City staff. Barr will discuss the WMO comments and proposed revisions with City staff via conference call. Barr will revise the SWMP per City staff direction, summarize the revisions in a memorandum to the BCWMC and MCWD, and resubmit the final SWMP in electronic format for WMO approval. This scope and associated cost assumes one iteration of revision will be Mr.Jeff Oliver City Engineer August 29,2016 Page 5 necessary to obtain approval of the SWMP by the BCWMC and MCWD. We assume City staff will present the SWMP for City Council adoption after WMO approval and Barr attendance is not required. Following City Council adoption, Barr will provide a final SWMP in electronic format (PDF and supporting Microsoft Office documents)to City staff. Barr will also provide GIS baselayer data originally provided by the City, if updated (see Task 1). Our cost estimate includes the production of three (3) printed copies of the final SWMP(two for City use and one for Barr). Additional printed copies of the final SWMP can be produced as requested by City staff at additional cost(approximately$300 per copy based on the current SWMP; actual cost will vary according to the number of color, oversized figures). Task 3. Provide content for Comprehensive Plan chapter(s) During Task 1, Barr will coordinate with City staff to identify surface water resource related content necessary for the Comprehensive Plan and develop that content as part of Task 1.In Task 3, Barr will hold a conference call with City staff to confirm content requirements for the Comprehensive Plan and will provide the relevant text,tables, and figures,and GIS data to City staff in an editable,electronic format.We assume that City staff will edit and format the content as necessary to match the format of the Comprehensive Plan and integrate surface water resource content with other content included in the water resources chapter(e.g.,water supply,wastewater).We assume City staff will provide a draft of the water resources chapter for Barr review.The cost estimate for Task 3 assumes Barr will provide minor comments and revisions to the draft water resources chapter related to stormwater and natural resource management. Estimated Costs and Schedule The proposed schedule included here reflects our understanding of the City's Comprehensive Plan update schedule and desire to incorporate elements related to financing a long-term stormwater infrastructure renewal program in April 2017. Task Description Estimated Cost Schedule Task 1.Develop draft SWMP $27,900 September 2016-March 2017 Task 2.Revise SWMP and guide through adoption $14,900 - City commission/council review April 2017 WMO 60-day review July 2017-August 2017 WMO approval November 2017 City council adoption January 2018 Task 3.Provide content for Comprehensive Plan chapter- $2,100 January 2018-February 2018 Total $44,900 Key Team Members Karen Chandler will serve as Barr's principal in charge for the plan update.In this role, Karen will provide project oversight, ensuring that the project is executed as proposed and that your expectations are understood and met throughout the entire project. Karen will also serve as a technical advisor, sharing her expertise in local and water management organization-based surface water management planning. Mr.Jeff Oliver City Engineer August 29,2016 Page 6 Greg Williams will serve as project manager.In this role, Greg will draw on his 10 years of experience developing surface water management plans for cities and watershed management organizations, including his recent experience in updating the water management plans for the BCWMC, Riley- Purgatory-Bluff Creek Watershed District, and the Nine Mile Creek Watershed District. Candice Kantor will serve as the primary plan writer. Her familiarity with municipal stormwater management, the BCWMC Plan and development review process, and her strong writing and communication skills will ensure a thoughtful, well-written plan document. Maureen McFarlane will serve as the GIS Specialist on this project. Maureen has several years of experience generating GIS maps, integrating public data with client data, and creating interactive GIS tools using project results. This Agreement will be effective for the duration of the services, unless earlier terminated by either you or us. We will commence work upon receipt of a copy of this letter signed by the authorized City representative. We will inform you of our progress by monthly updates via email. For the services provided,you will pay us according to the attached Standard Terms. We will bill you on an approximately monthly basis. The cost of the services will not exceed $44,900 without prior approval by you. We understand you have the authority to direct us. We will direct communications to you at the address on this letter. Direction should be provided to me or Greg Williams at the letterhead address. During the term of this Agreement, Barr agrees to maintain with a company or companies lawfully authorized to do business in thejurisdiction in which the project is located,the type of insurance and policy limits as set forth below: Workers' Compensation and Employers' Liability 1. Coverage A: Per State Statute 2. Coverage B: $500,000 Each Accident $500,000 Disease— Policy Limit $500,000 Disease— Each Employee Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products— Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage Mr.Jeff Oliver City Engineer August 29,2016 Page 7 The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non-Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability shall provide excess limits over and above the Commercial General Liability, Employers' Liability and Commercial Automobile Liability limits as stated in this article. Professional Liability/Pollution Incident Liability Professional Liability errors and omissions insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim/ $5,000,000 Aggregate. Certificates of Insurance Certificates of Insurance shall be provided upon request. Barr and the City waive all rights against each other,their subcontractors, agents, and employees, and the other's consultants, separate contractors, and their subcontractors, agents, and employees for losses or damages covered by property or casualty insurance, commercial general liability, or Builder's Risk insurance. This waiver of subrogation shall be effective notwithstanding any duty of indemnity. 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. -1 44X-7 /. e�z � Karen L.Chandler Its Vice President Accepted this day of 2016 City of Golden Valley Mr.Jeff Oliver City Engineer August 29,2016 Page 8 By Its Attachments Standard Terms—Professional Services Fee Schedule BARR 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 fromsuch contamination claims, damages, and expenses, described in this Agreement. We will use that degree of 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 suchdisclosures, you agree to hold us harmless and sequences, or procedures used in 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 1.5 We will provide a health and safety program for our discarded or returned to you, at our discretion, unless employees, but we will not be responsible for contractor, within 15 days of the report date you give written job, or site health or safety unless we accept that duty in direction to store or transfer the materials at your writing. expense. 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 professional judgment and are not guaranteed or license to you for your use in the related project for the warranted. Actual costs may vary. You should add a purposes disclosed to us. You may not use or transfer contingency. our reports to others for a purpose for which they were 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, Section 2: Your Responsibilities arising out of any unauthorized transfer or use. 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 documents, software application packages, operating 2.3 You agree to provide us with emergency procedure 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 we are involved legal action o collect our c 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 limited to losses caused by our sole negligence. empowered to resolve the dispute. Disputes (except 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 BARR Fee Schedule-2016 Rev. 01/01/16 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 TechnicianIII..................................................................................................................................$125-150 TechnicianII.....................................................................................................................................$95-120 TechnicianI........................................................................................................................................$50-90 SupportPersonnel II ........................................................................................................................$95-150 SupportPersonnel 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. Executive Summary For Action Golden Valley City Council Meeting September 20, 2016 Agenda Item 6. J. Adopting Proposed 2017 Budget and Proposed Tax Levies Payable in 2017 Prepared By Sue Virnig, Finance Director Summary State Law requires the certification of a proposed budget and proposed tax levies no later than September 30, 2016. The final property tax levy for pay 2017 will be adopted by the City Council in December, can be less than the proposed levy, but not greater. The property tax levy, included as part of the 2017-2018 Proposed Budget, is currently $19,942,310. The General Fund levy portion is $14,998,330. At the meeting City staff will make a short presentation reviewing the Proposed 2017-2018 General Fund Budget and Proposed Tax Levies Payable in 2017. Attachments •Resolution Adopting Proposed 2017 Budget and Proposed Tax Levies Payable in 2017 (2 page) •2017-2018 Proposed Revenue Summary (1 pages) •2017-2018 Proposed Expenditure Summary by Division (3 pages) Recommended Action Motion to adopt Resolution for Proposed 2017 Budget and Proposed Tax Levies Payable in 2017. Resolution 16-55 September 20, 2016 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE PROPOSED 2017 BUDGET AND PROPOSED TAX LEVY PAYABLE IN 2017 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than September 30, 2016; and WHEREAS, the City Council has met and discussed the proposed budget and tax levy; and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2013A (B2891), will be reduced from $526,216.36 to $160,423 due to the transfer from the 2015 positive performance to help fund the city’s portion of the tax abatement, and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2016C (B3114), the amount of $394,236 will not be levied due to the utilization of the franchise fees collected from gas and electric utilities, and NOW, THEREFORE, BE IT RESOLVED, that there is hereby levied upon all taxable property located within the City of Golden Valley the following amounts: General Tax Levy $14,998,330 Bonded Debt Levy: Certificates of Indebtedness 849,398 Brookview Community Center 1,350,000 Street Improvement Bonds 4,465,375 TOTAL Tax Levy $21,663,103 BE IT FURTHER RESOLVED, the City Clerk shall certify to the Hennepin County Auditor a copy of this resolution approving the property tax levies for collection in 2017 for the City of Golden Valley. BE IT FURTHER RESOLVED, that the proposed 2017 budget of the General Fund is $18,279,730 and the proposed 2018 budget is approved in concept only. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City’s budget and property tax levies both proposed and final. Resolution No. 16-55 -2-September 20, 2016 _____________________________ 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 VALLEY GENERALFUND REVENUE SUMMARY Actual 2014 Actual 2015 Adopted 2016 Estimated 2016 Proposed 2017 Concept 2018 % % % % % Amount Total Amount Total Amount Total Amount Total Amount Total Amount Total Ad Valorem Taxes 12,431,386 74.8% 13,401,837 75.7% 14,278,810 80.3% 14,278,810 79.5% 14,814,685 81.0% 15,790,825 82.0% Licenses 268,671 1.6% 242,381 1.4% 217,515 1.2% 217,365 1.2% 217,365 1.2% 217,365 1.1% Permits 1,210,632 7.3% 1,383,881 7.8% 840,425 4.7% 1,073,475 6.0% 840,475 4.6% 840,475 4.4% Federal Grants 31,589 0.2% 16,672 0.1% 0 0.0% 0 0.0% 0 0.0% 0 0.0% State/County Grants 284,667 1.7% 301,372 1.7% 268,380 1.5% 272,060 1.5% 268,380 1.5% 268,380 1.4% Charges For Services 1,670,029 10.0% 1,551,285 8.8% 1,502,065 8.4% 1,502,585 8.4% 1,500,825 8.2% 1,505,025 7.8% Fines and Forfeitures 310,318 1.9% 354,066 2.0°% 320,425 1.8% 267,220 1.5°% 300,000 1.6% 300,000 1.6% Interest on Investments 67,758 0.4% 45,637 0.3% 100,000 0.6% 75,000 0.4°% 75,000 0.4% 75,000 0.4% Miscellaneous Revenue 251,977 1.5% 265,776 1.5% 233,000 1.3% 233,000 1.3% 233,000 1.3% 233,000 1.2% Transfers In 100,000 0.6% 139,000 0.8% 30,000 0.2% 30,000 0.2% 30,000 0.2% 30,000 0.2% TOTALS $16,627,027 100.0% $17,701,907 100.0% $17,790,620 100.0% $17,949,515 100.0% $18,279,730 100.0% $19,260,070 100.0°% CITY OF GOLDEN VALLEY PROPOSED 2017-2018 OPERATING BUDGET DIVISION 2014 2015 2016 2016 2017 2018 /PROGRAM ACTUAL ACTUAL ADOPTED ESTIMATED PROPOSED CONCEPT 001 COUNCIL 1001 COUNCIL $257,659 $328,642 $307,115 $357,025 $325,470 $332,945 1002 CIVIL SERVICE COMMISSION - - 4,000 4,000 4,000 4,000 1003 HUMAN RIGHTS COMMISSION 1,354 2,542 3,500 3,500 3,500 3,500 1040 ENVIRONMENTAL COMMISSION 799 354 1,925 725 725 725 1050 PLANNING COMMISSION 3,037 2,308 3,630 3,630 3,820 3,820 1060 PARK&OPEN SPACE COMM - 266 1,645 1,050 1,050 1,050 1070 BOARD OF ZONING APPEALS 635 811 1,145 1,145 1,145 1,145 1080 ENVISION 1,784 - - - - - TOTAL DIVISION(001) 265,268 334,923 322,960 371,075 339,710 347,185 003 CITY MANAGER 1030 CITY MANAGER 455,020 452,723 526,155 519,395 533,370 543,340 1031 CITY COMMUNICATION 239,264 242,224 272,105 277,390 283,445 291,630 TOTAL DIVISION(003) 694,284 694,947 798,260 796,785 816,815 834,970 004 TRANSFERS OUT 1025 TRANSFERS OUT 986,710 2,104,000 725,000 935,000 850,000 1,100,000 TOTAL DIVISION(004) 986,710 2,104,000 725,000 935,000 850,000 1,100,000 005 ADMINISTRATIVE SERVICES 1101 GENERAL SERVICES 677,012 690,463 713,200 717,490 733,100 748,535 1102 ACCOUNTING 261,180 274,989 280,820 282,440 289,105 295,960 1105 COMPUTER SERVICES 708,592 728,680 806,085 802,325 819,510 847,230 1142 ELECTIONS 36,000 18,051 69,890 56,310 27,430 57,005 TOTAL DIVISION(005) 1,682,784 1,712,183 1,869,995 1,858,565 1,869,145 1,948,730 006 LEGAL SERVICES 1121 LEGAL SERVICES 134,296 156,441 150,000 150,000 155,000 250,000 TOTAL DIVISION(006) 134,296 156,441 150,000 150,000 155,000 250,000 007 RISK MANAGEMENT 1115 INSURANCE 240,918 169,213 305,000 305,000 305,000 310,000 TOTAL DIVISION(007) 240,918 169,213 305,000 305,000 305,000 310,000 011 BUILDING OPERATIONS 1180 BUILDING OPERATIONS 613,628 546,903 532,790 532,790 583,635 639,500 TOTAL DIVISION(011) 613,628 546,903 532,790 532,790 583,635 639,500 016 PLANNING 1166 PLANNING 302,542 279,858 353,800 351,655 362,450 369,250 TOTAL DIVISION(016) 302,542 279,858 353,800 351,655 362,450 369,250 CITY OF GOLDEN VALLEY PROPOSED 2017-2018 OPERATING BUDGET DIVISION 2014 2015 2016 2016 2017 2018 /PROGRAM ACTUAL ACTUAL ADOPTED ESTIMATED PROPOSED CONCEPT 018 INSPECTIONS 1162 INSPECTIONS 677,758 654,772 777,690 762,515 749,310 767,000 TOTAL DIVISION(018) 677,758 654,772 777,690 762,515 749,310 767,000 022 POLICE 1300 POLICE ADMINISTRATION 890,642 903,122 949,615 946,970 975,440 996,975 1320 POLICE OPERATIONS 3,910,043 3,751,373 4,434,820 4,479,740 4,618,170 4,782,105 1321 DRUG TASK FORCE 15,080 2,921 - - - - 1323 SAFE AND SOBER 15,966 13,995 - - - - 1324 POLICE SECURITY SERVICES-PO 3,040 - - - - - 1130 PROSECUTION AND COURT 239,836 243,856 286,745 286,745 291,655 295,470 TOTAL DIVISION(022) 5,074,607 4,915,267 5,671,180 5,713,455 5,885,265 6,074,550 023 FIRE 1346 FIRE ADMINISTRATION 1,034,707 1,146,396 1,290,210 1,292,420 1,336,825 1,481,345 TOTAL DIVISION(023) 1,034,707 1,146,396 1,290,210 1,292,420 1,336,825 1,481,345 035 PHYSICAL DEVELOPMENT ADMIN 1400 PHYSICAL DEVELOPMENT ADMIN 356,927 259,423 298,755 296,995 304,310 312,095 TOTAL DIVISION(035) 356,927 259,423 298,755 296,995 304,310 312,095 036 ENGINEERING 1420 GENERAL ENGINEERING 263,378 421,646 433,860 432,295 453,630 455,100 1425 TRAFFIC SIGNALS 44,104 42,292 49,000 49,000 49,000 49,000 1430 STREET LIGHTING 213,756 202,844 265,000 265,000 265,000 265,000 1452 MISC CONCRETE REPAIR 37,936 31,503 35,610 35,610 35,750 35,895 TOTAL DIVISION(036) 559,174 698,285 783,470 781,905 803,380 804,995 037 STREETS 1440 STREET MAINTENANCE 1,308,498 1,132,791 1,428,130 1,380,430 1,419,605 1,466,435 1448 SNOW AND ICE CONTROL 193,152 141,523 183,735 183,735 190,125 196,580 TOTAL DIVISION(037) 1,501,650 1,274,314 1,611,865 1,564,165 1,609,730 1,663,015 065 COMMUNITY CENTERS 1605 BROOKVIEW COMM CTR-GENERi 31,499 35,032 42,400 42,150 1669 RONALD B DAVIS-MEADOWBROC 35,597 37,873 38,695 38,695 - - TOTAL DIVISION(065) 67,096 72,905 81,095 80,845 - - 066 PARK AND REC ADMINISTRATION 1600 PARK AND REC ADM $658,065 $682,885 $705,660 $703,430 $719,970 $735,870 TOTAL DIVISION(066) 658,065 682,885 705,660 703,430 719,970 735,870 CITY OF GOLDEN VALLEY PROPOSED 2017-2018 OPERATING BUDGET DIVISION 2014 2015 2016 2016 2017 2018 /PROGRAM ACTUAL ACTUAL ADOPTED ESTIMATED PROPOSED CONCEPT 067 PARK MAINTENANCE 1620 PARK MAINTENANCE 852,281 889,912 937,480 941,940 967,635 991,075 1646 TREE MAINTENANCE 187,246 187,179 200,415 200,415 202,705 205,030 TOTAL DIVISION(067) 1,039,527 1,077,091 1,137,895 1,142,355 1,170,340 1,196,105 068 PARK AND REC PROGRAMS ADULT PROGRAMS: 1596 ADULT-ATHLETICS 5,393 7,251 12,065 12,065 12,325 12,605 1597 ADULT-SOFTBALL 22,548 23,420 25,155 25,155 25,895 26,410 1680 ADULT-PROGRAMS&EVENTS 31,184 26,765 28,825 28,825 28,835 28,855 TOTAL ADULT PROGRAMS 59,125 57,436 66,045 66,045 67,055 67,870 YOUTH PROGRAMS: 1660 YOUTH-SUMMER PLAYGROUND 53,837 85,497 89,330 89,330 90,575 92,170 1670 YOUTH-PROGRAMS& EVENTS 60,951 61,503 59,160 58,580 59,140 59,755 1673 YOUTH-ATHLETICS 9,966 5,941 27,700 27,700 27,765 27,860 1678 YOUTH-WINTER REC TRAILS 11,164 9,047 2,235 3,460 - - 1679 YOUTH-RINK SUPERVISION 23,759 17,269 28,465 28,465 29,090 29,810 TOTAL YOUTH PROGRAMS 159,677 179,257 206,890 207,535 206,570 209,595 SENIOR PROGRAMS: 1691 SENIOR-PROGRAMS&EVENTS 33,156 44,165 45,860 45,860 46,635 48,705 1694 SENIOR-TRIPS 51,690 55,550 56,200 56,200 56,200 56,200 TOTAL SENIOR PROGRAMS 84,846 99,715 102,060 102,060 102,835 104,905 RONALD B DAVIS COMM CTR: 1669 MEADOWBROOK COMM CTR - - - - 42,385 43,090 TOTAL RONALD B DAVIS COMM ( - - - - 42,385 43,090 TOTAL DIVISION(068) 303,648 336,408 374,995 375,640 418,845 425,460 GENERALFUND TOTAL DIVISIONS $16,193,589 $17,116,214 $17,790,620 $18,014,595 $18,279,730 $19,260,070 AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Wednesday, October 5, 2016 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 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 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 September 20, 2016 B.Approval of City Check Register C.Licenses: 1. General Business License New/Used Vehicle Dealers D.Minutes of Boards and Commissions: E.Bids and Quotes: F.Approve Final Plat - Tralee at Paisley Lane 1st Addition - 26 Paisley Lane G.Resolution Authorizing City Participation in MCES I&I Grant Program 16- H.Appointment of Election Judges and Absentee Ballot Board for the General Election on November 8, 2016 4.PUBLIC HEARINGS A.Public Hearing - Zoning Code Text Amendment for Floodplain Management B.Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous Charges 5.OLD BUSINESS 6.NEW BUSINESS A.Amendment to Shared Services Agreement (Central Park West) with City of St. Louis Park B.Announcement of Meetings 1. Future Draft Agendas: Council/Manager October 13, 2016, City Council October 18, and November 1, 2016 C.Mayor and Council Communications 7.ADJOURNMENT A G E N D A Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room Thursday, October 13, 2016 6:30 pm or immediately following the HRA Meeting Pages 1. Carver Governance (20 minutes) 2. Public Expenditure Policy (25 minutes) 3. Legislative Priorities: a. Fiscal Disparities (20 minutes) b. Infrastructure (10 minutes) Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber October 18, 2016 6:30 pm 1.CALL TO ORDER PAGES A.Pledge of Allegiance B.Roll Call 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 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 October 5, 2016 B.Approval of City Check Register C.Licenses: D.Minutes of Boards and Commissions: E.Bids and Quotes: F.Waiver of Public Hearing and Certification of Special Assessments - 2016 PMP Driveways G.Waiver of Public Hearing and Certification of Special Assessments - 2016 PMP Sanitary Sewer Repairs H.Waiver of Public Hearing and Certification of Special Assessments - Douglas Drive 4.PUBLIC HEARINGS A.Public Hearing to Vacate Easements at 5301 Woodstock Avenue 5.OLD BUSINESS 6.NEW BUSINESS A.Receive Community Survey Results B.Accept Matching Grant for Play Structures at St. Croix and Medley Parks C.Approve Purchase of Play Structures for St. Croix and Medley Parks D.Announcement of Meetings 1. Future Draft Agendas: City Council November 1, 2016, Council/Manager November 8, 2016 and November 15, 2016 E.Mayor and Council Communications 7.ADJOURNMENT