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09-20-18 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Thursday, September 20, 2018 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: 1. Special Council/Manager Meeting - June 5, 2018 3 2. Council/Manager Meeting - June 12, 2018 4 3. City Council Executive Session - September 4, 2018 5 4. City Council Meeting - September 4, 2018 6-8 B. Approval of City Check Register 9 C. License: 1. Gambling License Exemption and Waiver of Notice Requirement - The Retreat 10-12 D. Minutes of Boards and Commissions: 1. Planning Commission - July 23, 2018 13-17 2. Board of Zoning and Appeals - July 24, 2018 18-21 3. Human Rights Commission - July 24, 2018 22-24 E. Authorization to Sign School Resource Officer Service Agreement with Independent School District 281 25-28 F. Appointment of Election Judges and Absentee Ballot Board for the General Election on November 6, 2018 18-54 29-31 G. Receipt of July 2018 Financial Reports 32-45 H. 2020 Pavement Management Program 46-59 1. Authorize Preparation of Feasibility Report 18-55 2. Authorize Professional Services Agreement I. Financing of City’s 2020 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code 18-56 60-64 J. Legal Services Agreement with Chestnut & Cambronne, P.A. for Prosecutor Services (Item postponed from the September 4 City Council meeting) 65-67 4. PUBLIC HEARINGS A. Public Hearing - Vacate Easements at 845 Meadow Lane North 18-57 68-72 B. Public Hearing - Vacate Easement at 1001 and 1005 Quebec Avenue North 18-58 73-79 5. OLD BUSINESS Page 2 September 20, 2018 6. NEW BUSINESS All Ordinances listed under this heading are eligible for public input. A. Revocation of Conditional Use Permit 119 - 800 Boone Avenue North 80-139 B. Approve Agreements for DeCola Ponds B and C Improvement Project 140-167 C. Authorize Agreement for Engineering Services for the Meadowbrook School Turn Lane Improvements City Project 18-17  168-183 D. Adopt Proposed 2019 Budget and Proposed Tax Levies Payable in 2019 18-59 184-192 E. Review of Council Calendar F. Mayor and Council Communications 7. ADJOURNMENT OFFICIAL MINUTES SPECIAL COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA June 5, 2018 The meeting began at 5:45 pm in the Council Conference Room. Present: Mayor Harris and Council Members: Clausen, Fonnest, Rosenquist and Schmidgall. Also present were: City Manager Cruikshank. 1. City Attorney - Consideration of Appointment of City Attorney, Consideration of Amendment to General Fund Budget and First Consideration of Ordinance to amending the 2018 Fee Schedule for Legal Review City Manager Cruikshank reviewed the options for Council consideration regarding the appointment of a City Attorney and answered questions from the Council. The options being considered are staying with the current legal services provided and be assigned a new attorney from Best & Flanagan; go through an RFP process to determine if there is an advantage to change law firms, or hire an in-house, staff attorney. The City Council discussed the pros and cons of each option. The Council will consider the items listed above at the June 5, 2018 City Council meeting, immediately following the Council/Manager Meeting. The meeting adjourned at 6:18 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Judy Nally, Administrative Assistant OFFICIAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA June 12, 2018 The meeting began at 6:30 pm in the Council Conference Room. Present: Mayor Pro Tem Fonnest and Council Members; Clausen, Rosenquist and Schmidgall. Mayor Harris was absent. Also present were: City Manager Cruikshank, Finance Director Virnig, Physical Development Director Nevinski, and Planning Manager Zimmerman, City Clerk Luedke. Review Comprehensive Annual Financial Report Finance Director Virnig introduced Mr. Bill Lauer from the auditing firm Malloy Montague Karnowski Radosevich & Co. He presented the 2017 Comprehensive Annual Financial Report, Management Report, and Special Purpose Audit Report and answered questions from the Council. Finance Director Virnig and City Manager Cruikshank answered questions from the Council. Review Recodification Proofs for the Golden Valley City Code City Clerk Luedke reviewed the process and progress of the recodification of the City Code and answered questions from the Council. The Council will consider an ordinance for the Recodification of the City Code at a future Council Meeting. Council Review of Future Draft Agendas: City Council June 19, City Council July 3 and Council/Manager July 10, 2018 The Council discussed the upcoming draft agendas and made the following change: addition of item to the July 10 meeting - Gun Safety. No other changes were made to future draft agenda. The meeting adjourned at 7:45 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Judy Nally, Administrative Assistant UNOFFICIAL MINUTES CITY COUNCIL EXECUTIVE SESSION GOLDEN VALLEY, MINNESOTA September 4, 2018 The meeting began at 5:45 pm in the City Hall Manager’s Conference Room. The following members were present: Mayor Harris, Council Members Clausen, Fonnest, Rosenquist and Schmidgall. Also present were: Timothy J. Cruikshank, City Manager; Marc Nevinski, Physical Development Director; Maria Cisneros, City Attorney; and Jason Kuboschek, LMCIT Attorney. 1. Proposed Settlement Agreement in Olin vs. City of Golden Valley Staff reviewed to proposed settlement agreement with Dr. Olin. There was Council discussion regarding the proposed agreement. The meeting was adjourned at 6:15 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Timothy J. Cruikshank, City Manager UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA September 4, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:34 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the agenda of September 4, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Fonnest to approve the consent agenda of September 4, 2018, as revised: removal of 3K-Authorize Legal Services Agreement with Chestnut & Cambronne, P.A. for Prosecution Service, 3L-Approve Board and Commission appointments and Approve Settlement Agreement - Olin vs. City of Golden Valley and the motion carried. 3A1. Approve Minutes of City Council Meeting - August 21, 2018 3B. Approve City Check Register and authorize payment of the bills as submitted. 3C1. Authorize the renewal of the above new/used vehicle dealer licenses for the 2018-2019 license period as follows: Jaguar/Landrover Minneapolis.    3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Environmental Commission - July 23, 2018 2. Bassett Creek Watershed Commission - July 19, 2018 3E1. Reject all bids from the August 23, 2018, bid opening for Xenia Avenue South and Golden Hills Drive Public Improvement Project. 3F. Authorize agreement with Short Elliot Hendrickson, Inc. to provide professional and construction professional services for the I-394 Inflow and Infiltration Phase 2 Project for the not to exceed amount of $64,700. 3G. Call for a public hearing for certification of special assessments for October 2, 2018, at 6:30 pm. 3H. Authorize agreement with WSB and Associates, Inc. to provide professional engineering services for Pond Maintenance Project No. 18-19 for the not to exceed amount of $35,350. 3I. Approve an extension until December 16, 2018, to submit the final plat for North Wirth Parkway PUD No. 33. 3J. Approve a one-year extension for an approved Zoning Code variance for 6530 Hampshire Place to October 5, 2019. 3K. Authorize a Legal Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2019, through December 31, 2022. 3L. Approve the Board and Commission appointments 3M. Approve the settlement agreement in Olin vs. City of Golden Valley. Unofficial City Council Minutes -2- September 4, 2018 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3K. Authorization to Sign Legal Services Agreement with Chestnut & Cambronne, P.A. for Prosecution Service There was Council discussion regarding the legal services agreement with Chestnut & Cambronne, P.A. for prosecution service. City Manager Cruikshank and City Attorney Cisneros answered questions from Council regarding the agreement. Motion made by Council Member Rosenquist, seconded by Council Member Fonnest to postpone the item to the September 20, 2018, City Council meeting and the motion carried. 3L. Approve the following Board and Commission appointments Council thanked the new Board and Commission members for their service. Motion made by Council Member Rosenquist, seconded by Council Member Schmidgall to approve the following Board and Commission appointments and the motion carried. Board of Zoning Appeals Andy Snope 1 year - expires 5/19 Human Rights Commission Lauren Barry (Student) 1 year - expires 5/19 Open Space and Recreation Commission Della Daml (Student) 1 year - expires 5/19 3M. Approve Settle Agreement - Olin vs. City of Golden Valley Physical Development Director Nevinski summarized the settlement agreement with Dr. Olin. Motion made by Council Member Rosenquist, seconded by Council Member Clausen to approve the settlement agreement in Olin vs. City of Golden Valley and the motion carried. 4. PUBLIC HEARINGS 5. OLD BUSINESS   6. NEW BUSINESS 6A. Review of Council Calendar Some Council Members may attend the Golden Valley Employee Lawn Bowling and BBQ on September 10, 2018, from 4:30 am to 6:30 pm at Brookview. The next Council/Manager meeting will be held on September 12, 2018, at 6:30 pm. Some Council Members may attend the ACLU-MN Restore the Vote discussion on September 13, 2018, at 6:30 pm in the Council Chambers. Some Council Members may attend the Golden Valley Art & Music Festival on September 15, 2018, from 9:30 am to 9:30 pm on the City Hall Campus. Unofficial City Council Minutes -3- September 4, 2018 6A. Review of Council Calendar - continued Some Council Members may attend the PRISM - Drive Out Hunger event on September 16, 2018, from 1 pm to 5 pm located at 1220 Zane Avenue North. Some Council Members may attend the Market in the Valley on September 16, 2018, from 9 am to 1 pm on the City Hall Campus. Some Council Members may attend the Golden Valley Golf and Lawn Bowling Classic on September 17, 2018, at 1 pm at Brookview. Some Council Members may attend the Bottineau Community Works Kick Off Reception on September 17, 2018, from 5 pm to 6 pm at the Brooklyn Park Library located at 8500 West Broadway Avenue. Some Council Members may attend the Bottineau Community Works Panel Presentation on September 19, 2018, from 3:30 pm to 5 pm at the Brooklyn Park City Hall located at 5200 85th Avenue North. The next City Council Meeting will be held on September 20, 2018, at 6:30 pm. Some Council Members may attend the Preview of Golden Valley Historical Society Museum opening on September 21, 2018, from 5:30 to 8 pm at the Golden Valley Historical Society located at 6731 Golden Valley Road. Some Council Members may attend the Golden Valley Historical Society Museum Opening on September 22, 2018, from noon to 4 pm at the Golden Valley Historical Society located at 6731 Golden Valley Road. 6B. Mayor and Council Communication Mayor Harris said the Human Rights Commission will be doing a week of service during September 17 through 21, 2018, and that residents can go to the City’s website for more information on volunteer opportunities and items needed for donation. He thanked the local school districts for inviting the Council and the police department out to welcome kids back to school. He also wished those celebrating the Jewish holidays a happy one. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Rosenquist and the motion carried to adjourn the meeting at 7:08 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 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, 2018 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - The Retreat Prepared By Kris Luedke, City Clerk 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 The Community of Recovering People dba The Retreat. MINNESOTA LAWFUL GAMBLING 11/17 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$100;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 Previous Gambling Name: Community of Recovering People dba The Retreat Permit Number: X34583 Minnesota Tax ID Federal Employer ID Number, if any: 1248902 Number(FEIN), if any: 41-1701950 Mailing Address: _1221 Wayzata Boulevard East City: Wayzata State: MN Zip: 55391 County: Hennepin Name of Chief Executive Officer(CEO): CEO Daytime Phone: 952-476-0566 CEO Email: djohnson@theretreat.org (permit will be emailed to this email address unless otherwise Indicated below) Email permit to (If other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans O 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 nwww.sos.state.mn.us St. Paul, MN 55103 651-296-2803,or toll free 1-877-551-6767 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 (for raffles, list the site where the drawing will take place): Metropolitan Ballroom Physical Address (do not use P.O, box): 5418 Wayzata Boulevard Check one: 0 City: Golden Valley Zip: 55419 County: Hennepin E]Township: Zip: County: Date(s) of activity(for raffles, indicate the date of the drawing): Saturday, October 13, 2018 - Just 1 Day Check each type of gambling activity that your organization will conduct: =Bingo =Paddlewheels =Pull-Tabs =Tipboards 0 Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs,and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball 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 the List of Licensees tab,or call 651-539-1900. 1fLG220 Application for Exempt Permit Page z o 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 aThThe application is acknowledged with no waiting period. he application is acknowledged with no waiting period. e application is acknowledged with a 30-day waiting he 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. FIThe application is denied./a h The application is denied. Print City Name:_ rC, ' V� 0���`QL� Print County Name: Signature of City Personnel: Signature of County Personnel: �, ,� Title: � I Date; �—�� - Title: pate: 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 returned t th B r 30 days of the event date. Chief Executive Officer's Signature: Date: 9/7/2018 (SI ture m t be CEO's signature; designee may not sign) Print Name: John H. Curtiss 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 e,Suite 300 South and return the financial report form to the Gambling Control Board. Roseville, MN 55113 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(Le,large print,braille)upon request. An equal opportunity employer Regular Meeting of the Golden Valley Planning Commission July 23, 2018 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, July 23, 2018. Chair Baker called the meeting to order at 7:03 pm. Those present were Planning Commissioners Baker, Black, Blum, Brookins, and Pockl. Also present were Planning Manager Jason Zimmerman, Planning Intern Amy Morgan, and Administrative Assistant Lisa Wittman. Commissioners Angell, Johnson, and Segelbaum were absent. 1. Approval of Minutes July 9, 2018, Regular Planning Commission Meeting Black noted that the date was missing from the first paragraph. MOVED by Brookins, seconded by Blum and motion carried unanimously to approve the July 9, 2018, minutes with the above noted correction. 2. Discussion – Future Land Use Map Zimmerman stated that the City Manager would like the Planning Commission to review the proposed Future Land Use Map again to make sure they are comfortable with it going forward. He referred to the Map and said there are five areas that he would like the Commission to focus on. The first area Zimmerman discussed is the MnDOT and State Highway Patrol site at Duluth Street and Highway 100. He stated that the proposed Future Land Use Map has this property guided for mixed use. He explained that the property owners are preparing a master plan to improve the site and have said they are not intending on leaving so staff is proposing to re-guide the property to match the current use instead of guiding it Mixed Use. Baker questioned the access to the green area on the southwest corner of the site. Zimmerman stated that there is an office building located on that corner, but that there is an existing trail and public access to the green space. Blum stated that he has been in this facility and that it is used mostly for storage for vehicles. He said he agrees that there is a lot of potential for this site and is happy they are preparing a master plan to improve it. Brookins asked what uses could occur at this site based on the current zoning. Zimmerman stated that it would probably be zoned for a civic use and that a PUD could be needed as a part of their master plan. Baker asked if a PUD would constrain them from selling off part of the property. Zimmerman said no, but there would need to be a PUD amendment done if that happened. Minutes of the Golden Valley Planning Commission July 23, 2018 Page 2 The next area Zimmerman discussed is the corner of Golden Valley Road and Lilac Drive. He stated that there is still an applicant considering a senior living facility for these properties and added that the applicant’s proposal will be amended to include fewer units and less height/massing. Black asked if the recommendation is to guide these properties Low Density Residential. Zimmerman said yes, staff is recommending that the properties remain Low Density. The next area Zimmerman discussed is the northeast corner of Golden Valley Road and Douglas Drive. He stated that staff is not suggesting a change for this corner and that the vision for the area is the same, he is just looking for confirmation that it should remain guided for high density residential and if that is the right use of this corner. Baker asked if anyone has expressed concerns about this corner being designated for high density residential. Zimmerman stated that during the last Comp Plan update is was guided and rezoned to High Density Residential and some residents were opposed to that so the properties were rezoned to Medium Density. Blum asked about the properties to the north of these. Zimmerman stated that the apartments and condos are staying. Baker asked if High Density Residential fits with the Douglas Drive Study. Zimmerman said yes, it is consistent with the Douglas Drive Study to guide these properties High Density Residential. Baker asked if public access along the creek is something that could be included with these properties. Zimmerman said yes because any development done here would probably require a PUD so there could be opportunities to include access along the creek. Brookins said he is concerned that the parcels might not get developed if they are guided High Density Residential. Zimmerman noted the Medium Density might not work, but higher density encourages development in some ways. The next area Zimmerman discussed is the southeast corner of Winnetka Avenue and Highway 55. He stated that the area is currently guided Low Density Residential and that the proposed Future Land Use Map guides it Medium Density Residential. He stated that there is the challenge of many separate property owners and there is concern about traffic among other things. He added that Medium Density would allow for a senior living facility and that a higher density use might be too much for some neighbors, but leaving it R-1, Low Density would be a disservice. Baker asked how to go about building consensus about something being developed here. Zimmerman stated that a developer would build the narrative because the City isn’t proposing a project, but rather saying what the appropriate land use would be and helping address concerns. Blum asked if the HRA could engage in buying the parcels to make a larger development and market it that way. Zimmerman noted that the City owns one of the lots, but the Golden Valley HRA does not have a levy like some other cities do. Baker said he thinks the City needs to be more active with this development. He asked if the parcels involved Minutes of the Golden Valley Planning Commission July 23, 2018 Page 3 are owner occupied or if they are rentals. Zimmerman said there are some rental properties, but most of them are owner occupied. Zimmerman asked the Commissioners how they feel about guiding these properties Medium Density and added that he’d rather be more conservative about the density rather than allowing for higher density right away. Brookins said he sees High Density as a better option. Baker said starting with Medium Density and going to High Density might seem incremental and he doesn’t want it to look like the City is playing games. Zimmerman added that if these properties are rezoned to R-4 a developer could build an apartment building without any affordable housing because they wouldn’t need to apply for a rezoning which would trigger the affordable housing requirements. Brookins reiterated that he thinks this area should be high density especially with the amenities across Highway 55. Blum agreed and noted that when high density development has been discussed in the past they’ve talked about putting it on busier streets, highways, or major road intersections. Baker agreed that there are a lot of good reasons to zone these properties R-4. Zimmerman noted that if the intersection can’t handle the traffic of a high density development that might bring the density of a development down and naturally solve some of issues. Blum referred to the area by Wally Street to the west and said that is another island of single family homes surrounded by more industrial type uses and questioned if that area should also be designated for higher density. Zimmerman stated that one of the big challenges in that area is that there is only one entrance into the neighborhood off of General Mills Blvd. Baker said he is supportive of higher density at the corner of Winnetka and Highway 55. Black asked if the City envisions higher density at this location. Zimmerman said yes, the City envisions some sort of higher density, but a traffic study will show better what type of use would work here. Pockl said she agrees with High Density Residential in this area and asked if there is a way to envelope the homes to the east across the street to Rhode Island Avenue. Zimmerman stated that the homes on Rhode Island Avenue are all brand new. The last area Zimmerman discussed was the properties on the west side of Winnetka Avenue south of Medicine Lake Road. He stated that the properties he is referring to are currently an office and a single family home. He said that there is not a demand for office in this area and the owner thinks a commercial use might be better. The neighborhood did not like the idea of a commercial use is this area and staff thinks Medium Density Residential might work here. Black said it looks like a great spot for townhomes. Zimmerman agreed that townhomes or a two or three story apartment building could work. He added that the owner is interested in developing a multi-family development. Brookins asked about the right-of-way property near Turners Crossroad and Highway 100. Zimmerman stated that the plan for that property is to engage the residents in the area about some sort of R-2 or R-3 residential use. Baker asked how many lots would be possible in this right-of-way area. Zimmerman said it is hard to say because it is an odd Minutes of the Golden Valley Planning Commission July 23, 2018 Page 4 shape. He added that a PUD would probably be needed to develop some sort of small multi-family building. Zimmerman stated that the public comment period for the Comp Plan Update has ended and that staff will be going through the comments and summarizing them all over the next few months. 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. 4. Other Business Zimmerman referred to topics that the Planning Commissioners have brought up in the past and would like to discuss. These topics include: • Sunset provisions for grandfathered (existing) non-conformities • Planning Commission education of capital projects or other proposals/designs related to the Comprehensive Plan. The Commission would be more effective by being better informed of all planning with respect to: 1. Bicycle facilities and sidewalks 2. Roads and traffic improvements 3. Infrastructure – Sewer 4. Infrastructure – Water • Affordable Housing initiatives • Drones • Overlay districts • Identifying and discussing transit bottlenecks in the city Baker said he would like to discuss the City being more deliberate and assertive in green, sustainable, and alternative energy codes. Zimmerman asked the Commissioners if they are interested in leading a discussion or presenting information on any of the topics. Blum said he thinks a drone ordinance could be useful but he would like to know if there is interest from staff first. He said discussing overlay districts is of greater interest to him and that he would like to focus on that. Zimmerman said he would do some research, gather information and bring it back to the Planning Commission in the future. Minutes of the Golden Valley Planning Commission July 23, 2018 Page 5 Zimmerman gave an update of the recent ULI workshop which studied the downtown area and said he would share their recommendations with the Commission when they are available. • Council Liaison Report Schmidgall referred to the ULI workshop and said he was impressed with some of the drawings that were done and some of the ideas that they have come up with. Blum asked about the most compelling thing ULI showed the City. Schmidgall stated that their plans included going all the way to Lewis Road on the east which he figured wouldn’t be included. Schmidgall stated the City has officially kicked off the Lime bike program and said it should be fun to be a part of this program. Black stated that this would be his last Planning Commission meeting. The Commission thanked Black for his service and wished him good luck. 5. Adjournment The meeting was adjourned at 8:13 pm ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals July 24, 2018 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, July 24, 2018, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Nelson called the meeting to order at 7 pm. Those present were Members Nelson, Orenstein, Perich and Planning Commission Representatives Angell and Brookins. Also present were Planning Manager Jason Zimmerman, Planning Intern Amy Morgan, and Administrative Assistant Lisa Wittman. I. Approval of Minutes – June 26, 2018, Regular Meeting MOVED by Perich, seconded by Orenstein and motion carried unanimously to approve the June 26, 2018, minutes as submitted. II. The Petition(s) are: 4325 Golden Valley Road Brittany Owen, Applicant Request: Waiver from Section 11.72 Fences, Subd. 3(A)(1) Front Yard Fence Requirements • 2 ft. taller than the allowed 4 ft. of height along the front yard (west) property line. Purpose: To allow for the construction of a fence. Morgan referred to a location map and aerial photo of the property and explained the applicant’s proposal to build a 6 ft. tall fence in the front (west) yard along Kyle Place. She stated that the Zoning Code allows fences in front yards to be 4 ft. in height and added that this property has two front yards with the primary access to the house located on the north side of the property. Morgan noted that the applicant has stated that the unique circumstances in this case are that the property has two front yards and there are privacy and potential security issues. Morgan stated that staff feels that the proposal is reasonable and the circumstances unique to the property are not caused by the landowner. However, staff is recommending denial of the requested variance because a 6 ft. tall fence would impact the character of the locality as there no other properties in the area that have fences in the front yard. She added that there are alternative options in this case as well. A 4ft. tall fence could be built in the front yard, or a 6 ft. tall fence could be built at the 35 ft. setback along the west property line. Perich asked about the reasoning behind only allowing 4 ft. tall fences in front yards. Zimmerman said he thinks the reasoning is that the City does not want walls created in front yards and in some cases there could be visibility issues. Minutes of the Golden Valley Board of Zoning Appeals July 24, 2018 Page 2 Brookins asked if the driveway location makes a yard a front yard, or if it is a front yard because it is along a street. Zimmerman stated that all properties along street right-of-way are considered to be front yards. Angell asked about the distance from the house to the west property line. Morgan said it is 45 ft. from the house to the west property line. Nelson asked what the fence requirements would be if the west side of this property was considered to be a side yard. Morgan said a fence in a side yard can be 6 ft. in height. Nelson asked the applicant if she has considered any alternatives. Brittany Owen, Applicant, handed out additional photos of her property and a list of neighbors’ signatures stating they are supportive of the proposed fence. She explained that she will lose approximately 1,200 square feet of the yard if they build the fence at the 35-foot front setback and that she has dogs so she is concerned about them jumping over a 4 ft. tall fence. She stated that the area along the west constitutes to them a back yard. She added that the main reason for building a 6 ft. tall fence is privacy because there is a bus stop at the corner of her property. She stated that the day before she purchased this house her real estate agent told her that someone was trying to gain access to the house so she is also concerned about safety. Nelson asked the applicant if it was always her intent to build a fence. Owen said yes, and explained that she didn’t realize the west side of the property was considered to be a front yard. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Nelson said she is sympathetic with corner lots and this request seems reasonable because the west side of the property feels like a side yard, but she is concerned about the character of the neighborhood with a 6 ft. tall fence in the proposed location. Perich agreed and said he is struggling with the precedent they would be setting. He said that he would feel better about the request if a taller fence was proposed along Golden Valley Road instead. Angell agreed and noted that there are many corner lots in the City. He stated that the proposed fence could be moved back 35 ft. and there would still be a large fenced in area. Brookins said he is also sympathetic with corner lots and the topography in this case, but he agrees that approving this proposal might set a precedent. MOVED by Brookins, seconded by Perich and motion carried unanimously to deny the request to allow a fence 2 ft. taller than the allowed 4 ft. of height along the front yard (west) property line. Minutes of the Golden Valley Board of Zoning Appeals July 24, 2018 Page 3 2081 Indiana Avenue North Mark Neal, Applicant Request: Waiver from Section 11.72 Fences, Subd. 3(A)(1) Front Yard Fence Requirements • 2 ft. taller than the allowed 4 ft. of height along the front yard (west) property line. Purpose: To allow for the construction of a fence. Morgan referred to a location map and aerial photo of the property and explained the applicant’s proposal to build a 6 ft. tall fence in the front (west) yard along Legend Drive. She stated that the Zoning Code allows fences in front yards to be 4 ft. in height and added that this property has three front yards with the primary access to the house located on the east side of the property. Morgan noted that the applicant has stated that the unique circumstances in this case are that the property has three front yards and that the western front yard looks and acts like a back yard. She added that staff is recommending approval of the requested variance due to the unique circumstance of having three front yards and the location of the house on the property. The applicant’s request is a reasonable request in order to increase privacy and limit road views, and the requested 6 ft. tall fence will not change the views or character of what is already there. Brookins asked how far away the curb is from the west property line. Morgan stated that there is approximately 9 ft. of right-of-way between the curb and property line along Legend Drive. Mark Neal, Applicant, stated that he recently purchased this house. He said he has dogs, there are safety concerns, and that a 4 ft. tall fence might not contain children or dogs. He added that there are also additional safety concerns because there are three ground level doors on the back of the house so he wants to make his back yard safer. Nelson asked the applicant if he has considered other alternatives. Neal stated that the only other alternative would be to build a fence that wouldn’t meet his needs. Nelson asked the applicant when he purchased the house and if it was always his intent to install a fence. Neal said he bought the house five months ago and he intended to install a fence and use the area to the west as a backyard as it was meant to be. Perich asked the applicant if he considered building a 6 ft. tall fence at the 35 ft. front setback line instead of where he is proposing. Zimmerman noted that this proposal is different from the previous proposal because this property has a considerably smaller area to build within and this property has three front yards. Nelson added that there also aren’t any other houses around this one. She stated that this request is similar to the previous request, but the size of the yard and the impact to the neighborhood is not as large. Minutes of the Golden Valley Board of Zoning Appeals July 24, 2018 Page 4 Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Orenstein stated that the orientation of the house and having three front yards is unique, and the fence is not obtrusive so he is supportive of the variance request. Angell agreed that having three front yards is unique and that the envelope they have to build a fence in is smaller than in the previous proposal. Perich agreed that this is a reasonable request. MOVED by Perich, seconded by Orenstein and motion carried unanimously to approve the variance request to allow a fence 2 ft. taller than the allowed 4 ft. of height along the front yard (west) property line. III. Other Business Zimmerman informed the members that George Maxwell has resigned from the Board of Zoning Appeals. IV. Adjournment The meeting was adjourned at 7:28 pm. _____________________________ __________________________ Nancy Nelson, Chair Lisa Wittman, Administrative Assistant   MEETING MINUTES  Human Rights Commission        July 24, 2018    Commissioners present:  Maurice Harris, Chair  Kyle Pettersen‐Scott, Vice Chair   Teresa Martin  Chris Mitchell  Gloria Peck     Commissioners absent: Jonathan Burris  Carrie Yeager  Eve Clarkson    Staff present:    Kirsten Santelices, Human Resources Director    Call to Order  The meeting was called to order at 6:31 pm by Chair Harris.    Approval of Agenda  Motion by Commissioner Martin to approve agenda as submitted. Seconded by Vice Chair Pettersen‐ Scott. Motion carried 5‐0.     Approval of Meeting Minutes  Motion by Commissioner Peck, seconded by Commissioner Martin to approve the June 26, 2018 meeting  minutes as submitted.    Old Business  Voter Rights Education Update  Chair Harris shared that the City of New Hope is interested in partnering with the GVHRC on hosting a  speaker on the topic of “Restore the Vote.” The League of Women Voters also sent over a list of  potential speakers. Chair Harris volunteered to continue working on the logistical planning of the event,  including where it will be hosted, and potential dates. The Commission agreed that first choice is  September 19, and second choice is September 13. Commissioner Martin asked if the local cable  network would be interested in filming the event. Chair Harris volunteered to contact them to determine  if they would be interested in/willing to record it.     Green Card Voices Exhibit Update  The Commission is still very interested in hosting the exhibit in December. Commissioner Martin will  complete the application and staff will ensure Brookview is available in December to host. Commissioner  MEETING MINUTES – Human Rights Commission  July 24, 2018  2  Mitchell suggested that the HRC still consider hosting a speaker to go along with the exhibit in  December.     Why Treaties Matter Exhibit Update  Commissioner Martin reintroduced the topic stating that a contact at Indian Affairs who has the exhibit  booked and may be able to lend a portion of it to the HRC during the month of October. Chair Harris  asked if anyone on the Commission would be interested in contacting New Hope and Robbinsdale to see  if they are interested in partnering on hosting the exhibit.     New Business  Communications/Website Updates  The Commission discussed how to best layout the HRC website, including recommending certain  changes: checking spelling errors, making sure minutes are posted, updating the roster timely. The  Commission would also like to make “community outreach” more visible and easier to find, especially  when people don’t know what they are looking for. Vice Chair Pettersen‐Scott volunteered to look up  resources to put on the website. Staff will convene with the City Communications team to discuss  reorganization of the website. Commissioners also requested to know the number of visitors to the  website, and number of subscribers.     Bill Hobbs Award Planning  Staff informed the HRC that there have been not been any nominations so far. Staff will check to see if it  is too late to include information about the Bill Hobbs award in the newsletter, and will discuss  promotion on City social media sites. Commission discussed having the award recipients recognized at  the Council meeting closest to December 10, which is December 18.     Second Annual MLK Literary Contest Planning  Commissioner Martin recommended that the HRC start planning earlier this year, to overcome some of  the challenges of having a late start to last year. Commission discussed the proper timing of getting in  front of students and teachers. Commissioner Mitchell suggested waiting until the first three weeks of  school get underway to avoid some of the craziness, but agreed that sending well ahead of December  was necessary! Commissioner Martin asked if the contest could be expanded to Golden Valley residents  who attend school outside of Golden Valley schools, to which the Commission discussed the challenges  of knowing which schools to promote with. Commissioner Mitchell has contacts within Armstrong and  Cooper, and will look at contacting for how to share the contest. The Commission will go over the rules  and discuss the writing prompt for this year at the next meeting (Aug).     Adjourn  Motion by Vice Chair Pettersen‐Scott, seconded by Commissioner Peck to adjourn the meeting at 7:56  pm. Motion carried 5‐0.                                                                                                         ________________________________                                                                                                Maurice Harris, Chair    MEETING MINUTES – Human Rights Commission  July 24, 2018  3  ATTEST:    _________________________________  Kirsten Santelices, Staff Liaison    Respectfully submitted,  Kirsten Santelices, Staff Liaison/Human Resources Director                      Executive Summary For Action  Golden Valley City Council Meeting  September 20, 2018    Agenda Item   3. E. Authorization to Sign School Resource Officer Service Agreement with Independent School  District 281    Prepared By  Jason J. Sturgis, Chief of Police    Summary  Independent School District 281 and the Police Department desire to participate in providing  specialized security services at the facility located at 2400 Sandburg Lane. A school resource  officer program is needed to improve understanding and promote mutual respect between  police, school, staff, counselors, parents and students.      An agreement has been drafted, stating the City will provide the services of one full‐time police  officer and related support services and supplies for the term of July 1, 2018 through June 30,  2019. The related costs for these services will be billed to School District 281 in an amount not to  exceed $67,357, depending on the number of student school days covered. All training,  supervision and records will be the responsibility of the City.    Attachments  • School Resource Officer Services Agreement for District #281 (3 pages)    Recommended Action  Motion to authorize the City Manager and Mayor to sign the School Resource Officer Service  Agreement with Independent School District 281.  SCHOOL RESOURCE OFFICER AGREEMENT BY AND BETWEEN THE INDEPENDENT SCHOOL DISTRICT 281 AND THE CITY OF GOLDEN VALLEY THIS AGREEMENT made this day of 1st day of July, 2018 by and between the INDEPENDENT SCHOOL DISTRICT 281, a school district, (hereinafter “School District”) and the CITY OF GOLDEN VALLEY, a public corporation and political subdivision of the State of Minnesota, (hereinafter “City”). Recitals 1. The City and the School District desire to deter and prevent crime and violence within Sandburg Learning Center in the City of Golden Valley by engaging in the services of a school resource officer (“Program”). 2. The Safe Schools Levy provides monetary funds to school districts to hire school resource officers to address violence, crime and safety related issues within schools. 3. To that end, the City and the School District desire to collaboratively provide safe school services. NOW, THEREFORE, the City and the School District agree as follows: Terms 4. TERM OF AGREEMENT AND TERMINATION. 4.1 The Term of this Agreement shall be for a twelve month period from July 1, 2018 to June 30, 2019. 4.2 Either Party may terminate this agreement upon a sixty (60) day written notice to the other of such termination. In the event of a termination, any payments due shall be prorated. 5. LEVY. The School District will levy the maximum amount permitted by law to the property tax payers in the Robbinsdale School District to help fund the school resource officer position(s). 6. PROGRAM FUNDING. By May 1 of each year the School District will meet with the Chief Law Enforcement Officers of each community providing liaison services to the School District to allocate available funds to support the cost for the officers for the next school year. The City will invoice the School District for the first half of the payment on January 1 and for the second half of the payment on June 30. The funding provided for the 2018-2019 school year will be $67,357 per FTE. 7. SCHOOL SERVED. The Sandburg Learning Center at 2400 Sandburg Lane, Golden Valley, MN will receive school resource officer services under this Agreement. 8. OFFICER SELECTIONS. The City will, depending on staffing levels, employ or assign, in accordance with all applicable state laws, the police officers that will participate in or serve as employees in the School Resource Officer program. The City will employ or assign one (1.0) FTE officer to serve as school resource officer during the regular school year (170 student days) covered by the term of this agreement and payment of $67,357 for Sandburg Learning Center pursuant to paragraph 6 of this Agreement. The number of police officers serving in the school resource officer position at Sandburg Learning Center may be modified upon the written agreement of the City and the School District. 9. OFFICER COMPENSATION. The City will be responsible for all payments regarding compensation, benefits, pension plans and withholdings for the officers serving in the school resource officer capacity. 10. DUTIES OF THE OFFICER. The list of duties and work schedule of the school resource officer(s) shall be developed and agreed upon by the City and the School District. The School Resource Officer position is a designated “school official” with regard to the Family Educational Rights and Privacy Act while under contract and providing School Resource Officer services to the School District. The law enforcement services provided to the School District will be at the sole discretion of the City. Officer standards of performance, conduct and discipline of the officer, performance reviews and other internal matters related to enforcement services shall be under the authority of the City. The School District shall provide the City with a written appraisal of the services rendered by the school resource officer at the end of each contract term. The School District shall immediately notify the City in writing of any performance deficiencies or inappropriate conduct of the liaison. All disciplinary action shall be under the authority of the City. Time spent in excess of eight (8) hours will be on a specific, case-by-case basis and requiring the advance approval of the City and the School District. 11. ADDITIONAL OFFICER DUTIES. The school resource officer will respond to emergency calls, attend police training, and any other special duties as assigned by the City while fulfilling the school resource officer requirements under this Agreement. 12. OFFICER SUPPLIES AND EQUIPMENT. The City shall provide any required clothing, uniforms and vehicles, necessary to perform required duties as outlined pursuant to section 10 of this Agreement. 13. INDEMNIFICATION. Except for claims arising out of the willful acts of malfeasance in office, willful neglect of duty or bad faith of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses, and liabilities incurred, including reasonable attorney fees, related to claims for loss of life, personal injury, and/or damage to property arising out of any occurrence in upon or at Sandburg Learning Center in accordance with the execution of the school resource officer duties under this Agreement. Neither party waives any defenses or immunities available under Minnesota Statutes Chapter 466. 14. NOTICE. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified postage prepaid and addressed as follows: If to the City: Attn: Police Chief, Golden Valley Police Department, 7800 Golden Valley Road, Golden Valley, MN 55427; If so to the School District, Attn: Finance Director, Business Office, 4148 Winnetka Avenue N., New Hope, MN 55427. 15. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties. IN WITNESS WHEREOF, the City of Golden Valley and the Independent School District #281 have caused this Agreement to be executed by their respective duly authorized officers. CITY OF GOLDEN VALLEY INDEPENDENT SCHOOL DISTRICT 281 By ________________________________ By ________________________________ Mayor By ________________________________ City Manager Board Chair By ________________________________ Superintendent Date ______________________________ Date ______________________________ Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 3. F. Appointment of Election Judges and Absentee Ballot Board for the General Election on November 6, 2018 Prepared By Kris Luedke, City Clerk Summary As required in State Statute 204B.21, Council needs to approve the appointment of the Election Judges and Absentee Ballot Board for the upcoming General Election. The Absentee Ballot Board judges will have the responsibility of accepting and rejecting absentee ballots based on the criteria set by the State. Hennepin County will appoint Absentee Ballot Board judges that will be responsible for accepting/rejecting all in person and mail in absentee ballots received at the Hennepin County Government Center. Attachments • Resolution approving the appointment of Election Judges and Absentee Ballot Board for the General Election on November 6, 2018 (2 pages) Recommended Action Motion to adopt Resolution approving the appointment of Election Judges and Absentee Ballot Board for the General Election to be held on November 6, 2018. Resolution 18-54 September 20, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES AND ABSENTEE BALLOT BOARD FOR THE GENERAL ELECTION ON NOVEMBER 6, 2018 WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. NOW, THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the individuals named on Exhibit A, and on file in the city clerk’s office be appointed as the City of Golden Valley Election Judges and Absentee Ballot Board Judges for the November 6, 2018 General Election. BE IT FURTHER RESOLVED the Golden Valley City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Golden Valley Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution 18-54 -2- September 20, 2018 Exhibit A 2018 Election Judges The following individuals are appointed to serve in the 2018 State General Election: Ambroe, Leonard Anderson, Chuck Anderson, Tracy Anderson, Susan Anderson, Margaret Barnard, Andra Barret, Roger Bartol, Colin Beman, David Berg, David Bergman, Roger Bergquist, Lois Bergquist, Renee Boehne, Karen Bona, Richard Bona, Susan Bonner, Jerry Brown, Bradley Bucklin, Alison Buckner, Tazha Burke-Scheffle, Kathleen Carlson, Dennis Caulfield, Melissa Cohen, Gary Condon, Marilyn Copperud, David Cummins, Carol Decker, Kay Decker, Daniel Doughty, Beth Engelen, Jeffrey Forsyth, James Fortman, Lloyd Frailich, Midge Gaspard, Celeste George, Janet George, Teresa Girard, Pierre Greenberg, Myron Gustafson, Cheryl Haggberg-Miller, Susan Hanson, Ellen Harrity, Ronda Hasselbusch, Cynthia Hausauer, Sarah Hazel, Christine Hiebert, John Hietala, Connie Hoffstedt, Diane Hoyt, Robert Ihrke, Antoinette Ipsen, Nancy Johnson, Maria Jorgens, Gwen Kamman, Elizabeth Kampf, Howard Kempfelt, James Kilner, Marilyn King, Dwayne Krenn, Barbara Lang, Robert Lueck, Christy Lund, Charles Mills, Cynthia Mitchell, Norman Monson, Stephen Moore, Tom Moyer, Thomas Myers, Kay Olfe, Janet Osvold, Bruce Osvold, Dianne Pagenkopf, Jane Palmquist, Lois Parry, Carol Patrick, Sherri Plager, Jan Pugh, Laura Ringsmuth, Lynell Robinson, Beverly Rubinyi, Wendy Sanford, Clare Satter, Audrey Savitt, Doug Scanlon, Thomas Schulte, Sarah Schultz, Janet Schultz, William Sell, Mike Silver, Sarene Stresemann, Marjorie Strobel, Nancy Sunderland, Delphine Sunderland, Richard Tenenbaum, Phillip Thompson, Lindsay Thompson, Sylvia Tiffin, Marie Tillman, Barb Tirpak, Donna Tomko, Patricia Toren, Hilary Tueting Nelson, Laura Tvedt, Gordon Van Heel, Barbara Van Hook, Mary Vodovoz, Helen Waffensmith, Connie Waffensmith, Walter Wells, Jackie Wobschall, Georgeann Wray, Kathy Yeager, Carrie Absentee Ballot Board Hietala, Connie Huisman, Claire Stresemann, Marjorie Van Hook, Mary Watson, Sue Weber, Meagan Zerull, Carol Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 3. G. Receipt of July 2018 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) ∼ Brookview Center (Special Revenue Fund) ∼ Human Services Fund (Special Revenue Fund) ∼ Building Improvement Fund (Capital Projects Fund) ∼ Park Improvement Fund (Capital Projects Fund) General Fund Operations: As of July 2018, the City has received more revenue than expenditures so the City is not using fund balance to balance the General Fund Budget. Most of this is due to advance payments of property taxes. Attachments • July 2018 General Fund (2 pages) • July 2018 Conservation/Recycling Fund (1 page) • July 2018 Water and Sewer Utility Fund (1 page) • July 2018 Brookview Golf Course (1 page) • July 2018 Motor Vehicle Licensing (1 page) • July 2018 Storm Utility Fund (1 page) • July 2018 Equipment Replacement Fund (1 page) • July 2018 Brookview Center Fund (1 page) • July 2018 Human Services Fund (1 page) • July 2018 Building Improvement Fund (1 page) • July 2018 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the July 2018 Financial Reports. Over % 2018 July YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $370,935 23,815 197,558 ($173,377)53.26%(3) 003 City Manager 813,410 50,649 412,107 (401,303)50.66% 004 Transfers Out 1,982,580 0 1,982,580 0 100.00%(1) 005 Admin. Services 1,986,970 121,975 950,648 (1,036,322)47.84% 006 Legal 158,100 11,215 120,240 (37,860)76.05%(2) 007 Risk Management 310,000 65,750 198,253 (111,747)63.95% 011 General Gov't. Bldgs.732,680 38,764 348,048 (384,632)47.50% 016 Planning 409,655 18,197 173,747 (235,908)42.41% 018 Inspections 811,280 50,161 400,323 (410,957)49.34%(4) 022 Police 6,204,575 409,164 3,077,815 (3,126,760)49.61% 023 Fire 1,561,150 82,393 769,177 (791,973)49.27%(3) 035 Physical Dev Admin 309,505 22,417 167,258 (142,247)54.04% 036 Engineering 776,095 51,127 374,636 (401,459)48.27% 037 Streets 1,790,925 96,322 837,641 (953,284)46.77% 066 Park & Rec. Admin.737,210 58,111 386,226 (350,984)52.39% 067 Park Maintenance 1,215,945 86,448 651,375 (564,570)53.57% 068 Recreation Programs 445,385 44,321 204,976 (240,409)46.02% TOTAL Expenditures $20,616,400 $1,230,829 $11,252,608 ($9,363,792)54.58% (1) Transfers were made in June, 2018 except for Equipment Transfer of $882,580. (2) Legal services are billed thru June. Staff Attorney started 7-16. (3) 2017 Fund Balance Assigned -$65,,000 Fire ;$20,000 Council April 17, 2018 (4) 2018 Fund Balance Amended -$42,,000 Inspections Council April 3, 2018 City of Golden Valley Monthly Budget Report - General Fund Expenditures July, 2018 (unaudited) Division 50.00% Over % 2018 July YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $17,253,460 9,497,362 9,506,121 ($7,747,339)55.10%(1) Licenses 220,980 3,360 189,410 ($31,570)85.71% Permits 929,785 95,709 956,660 $26,875 102.89% State Aid 52,375 19,471 31,754 ($20,621)60.63%(2) County Aid 204 1,319 $1,319 Charges For Services: General Government 25,250 10,504 23,863 ($1,387)94.51% Public Safety 160,900 6,034 103,260 ($57,640)64.18% Public Works 163,600 14,080 103,141 ($60,459)63.04% Park & Rec 415,550 39,339 212,701 ($202,849)51.19% Other Funds 691,500 58,003 410,952 ($280,548)59.43% Fines & Forfeitures 320,000 32,466 196,941 ($123,059)61.54%(3) Interest On Investments 75,000 0 0 ($75,000)0.00%(4) Miscellaneous Revenue 193,000 27,461 170,294 ($22,706)88.24% Transfers In 30,000 2,500 17,500 ($12,500)58.33%(5) TOTAL Revenue $20,531,400 $9,806,493 $11,923,916 ($8,607,484)58.08% Notes: (1) Payments are received in July, December, and January (delinquencies). The first payment for taxes included some payments in full. (2) Police Training will be paid in August. Safe and Sober is billed on time spent. LGA is paid in July, Dec ($37,185 total). (3) Fines/Forfeitures are thru for June 2018. (4) Investment income is allocated at year end. (5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues July 2018 (unaudited) Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 42,875 0 0 (42,875)0.00%(4) Recycling Charges 382,520 34,365 165,842 (216,678)43.36%(2) Miscellaneous Revenues 8,000 0 0 (8,000) Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 437,395 34,365 165,842 (271,553)37.92% Expenses: Recycling 461,605 35,586 233,376 (228,229)50.56%(3) Total Expenses 461,605 35,586 233,376 (228,229)50.56% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru July 2018. (3) This includes the recycling services thru June 2018. (4) Grant reduced due to no compost program. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund July 2018 (unaudited) Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 4,571,280 648,029 2,513,750 (2,057,530)54.99%(1) Emergency Water Supply 183,080 29,464 114,048 (69,032)62.29% Sewer Charges 3,512,300 398,307 2,281,968 (1,230,332)64.97% Meter Sales 20,000 2,162 18,173 (1,827)90.87% Penalties 130,000 35,268 113,517 (16,483)87.32% Charges for Other Services 100,000 145,916 194,325 94,325 194.33% State Water Testing Fee Pass Through 46,000 3,400 19,154 (26,846)41.64% Sale of Assets 10,000 0 3,459 (6,541)34.59% Franchise Fees 1,000,000 0 0 (1,000,000)0.00% Certificate of Compliance 75,000 6,600 51,600 (23,400)68.80% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 9,672,660 1,269,146 5,309,994 (4,362,666)54.90% Expenses: Utility Administration 2,930,400 74,009 945,959 (1,984,441)32.28% Sewer Maintenance 3,088,750 239,062 1,862,979 (1,225,771)60.31% Water Maintenance 4,712,065 318,380 2,189,969 (2,522,096)46.48% Total Expenses 10,731,215 631,451 4,998,907 (5,732,308)46.58% City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund July 2018 (unaudited) Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 920,950 177,800 491,102 (429,848)53.33% Driving Range Fees 180,000 33,367 112,028 (67,972)62.24% Par 3 Fees 170,000 36,013 97,784 (72,216)57.52% Lawn Bowling 30,000 0 19 (29,981)0.06% Pro Shop Sales 90,000 15,114 55,087 (34,913)61.21% Pro Shop Rentals 300,000 65,689 172,152 (127,848)57.38% Concession Sales 889,960 173,213 692,731 (197,229)77.84% Other Revenue 182,500 19,483 193,941 11,441 106.27%(3) Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax (30,000)0 (4,425)25,575 14.75% Total Revenue 2,738,410 520,679 1,810,419 (927,991)66.11% Expenses: Golf Operations 802,410 63,681 397,161 (405,249)49.50%(2) Course Maintenance 1,219,520 93,096 826,473 (393,047)67.77% Pro Shop 124,400 15,320 98,662 (25,738)79.31% Grill 647,710 135,094 719,436 71,726 111.07% Driving Range 74,300 12,682 37,956 (36,344)51.08% Par 3 Course 26,640 6,097 17,571 (9,069)65.96% Lawn Bowling 8,380 586 1,929 (6,451)23.02% Banquet Staffing 25,400 4,818 19,586 (5,814)77.11% Total Expenses 2,928,760 331,374 2,118,774 (809,986)72.34% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Includes the trade-in of golf carts -$100,500. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund July 2018 (unaudited) Course opened April 27 Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 2,880 0 0 (2,880)0.00%(1) Charges for Services 469,965 38,727 277,737 (192,228)59.10% Total Revenue 472,845 38,727 277,737 (195,108)58.74% Expenses: Motor Vehicle Licensing 423,335 37,393 242,236 (181,099)57.22% Total Expenses 423,335 37,393 242,236 (181,099)57.22% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund July 2018 (unaudited) Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 0 0 Storm Sewer Charges 2,475,000 213,150 1,352,509 (1,122,491)54.65% Bassett Creek Watershed 0 0 149,429 149,429 (5) Miscellaneous Receipts 313,300 132,565 137,066 (176,234) Sale or Loss of Assets 0 0 1,500 1,500 Total Revenue 2,838,300 345,715 1,640,504 (1,197,796)57.80% Expenses: Storm Utility 2,707,450 398,325 880,094 (1,827,356)32.51%(2) (3) Street Cleaning 128,595 3,968 57,116 (71,479)44.42% Environmental Control 336,790 75,246 177,514 (159,276)52.71% Debt Service Payments 65,000 0 31,750 (33,250)0.00%(3) Total Expenses 3,237,835 477,539 1,146,474 (2,091,361)35.41%(4) (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF. (4) Reserves are being used that were planned. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund July 2018 (unaudited) 2018 Equipment Replacement Fund (CIP) - Fund 5700 2018 July YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 105,720 181,370 146,370 Miscellaneous 0 0 20,399 20,399 DUI Fund Transfer 40,000 50,000 130,000 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 98,538 155,720 331,769 143,231 (4) Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)100,000 0 180,654 (80,654)(5) 5702 V&E-002 Computers and Printers (Finance)80,000 901 46,398 33,602 (1) 5706 V&E-009 Front End Loader (Street)260,000 54,494 54,494 205,506 V&E-022 Sign Truck (Street)120,000 0 0 120,000 5760 V&E-037 Aerial Ladder (Fire)575,000 0 905,753 (330,753)(2) V&E-060 Rescue Vehicle (Fire)90,000 0 0 90,000 V&E-095 Pickup Truck (Police)40,000 0 34,818 5,182 V&E-116 Bobcat Toolcat (Park)50,000 51,033 51,033 (1,033) V&E-130 Rotary Mower (Park)25,000 0 13,996 11,004 5709 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 8,676 157,656 (133,586)(3) V&E-145 Skid Steer Loader (Street)55,000 0 0 55,000 5710 V&E-151 Fire Pumper (Fire)600,000 0 602,461 (2,461) Total Expenditures 2,019,070 115,104 2,047,263 (25,732) (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2) In 2017, this included $400,000 for the first half payment that was not billed until 2018. (3) In 2016, a transfer was made to the equipment replacement fund to purchase video dash cams and body cameras together. (4) In 2017, $1,200,000 was transferred from positive performance. (5) In 2018, monies were transferred for an additional squad from the DUI Fund. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 157,815 18,092 69,573 (88,242)44.09% Backyard Play Area 326,500 13,174 132,934 (193,566)40.71% Miscellaneous Revenues 5,500 0 0 (5,500)0.00% Interest on Investments 100 0 0 (100)0.00%(1) Total Revenue 489,915 31,266 202,507 (287,408)41.34% Expenses: General Area Rooms 290,790 20,941 141,859 (148,931)48.78%(2) Indoor Play Area 107,210 6,347 41,354 (65,856)38.57% Banquet Facility 87,945 6,248 40,271 (47,674)45.79% Total Expenses 485,945 33,536 223,484 (262,461)45.99% (1) Interest Earnings are allocated at year-end. (2) Staff Time/Supplies for Brookview Rental City of Golden Valley Monthly Budget Report - Brookview Center Special Revenue Fund July 2018 (unaudited) Over 2018 July YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 1,817 18,789 (11,211)62.63%(3) Fundraisers 30,000 1,279 20,831 (9,169)69.44%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 3,096 39,620 (21,080)65.27% Expenses: Supplies 17,100 0 6,001 (11,099)35.09% Allocations 60,000 3,000 29,500 (30,500)49.17%(2) (5) Total Expenses 77,100 3,000 35,501 (41,599)46.05% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2018 are $60,000. (3) Pull Tab revenues are thru June. (4) Solicitation Letters -$2,377.02-YTD; should be allocated to designation (4) Run/Walk -$17,177 YTD (5) Crisis Connection is closing June 30. The $1750 will be allocated in 2019. Fund Balance at 12/31/17 was $213,524. City of Golden Valley Monthly Budget Report - Human Services Fund July 2018 (unaudited) 2018 Building Improvement Fund (CIP) - Fund 5200 2018 July YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 350,000 350,000 350,000 0 (1) Interest Earnings (allocated at year end)7,718 0 0 (7,718) Total Revenues 357,718 350,000 350,000 (7,718) Expenditures: Project Name 5211 Carpet Replacement-City Buildings 30,000 0 19,880 10,120 Generators 35,000 0 0 35,000 Air Compressor 10,000 0 0 10,000 5215 Installation of Building Security Systems 30,000 1,476 17,634 12,366 5201 Public Buildings Roof Replacement 270,000 8,466 33,785 236,215 5208 Workstation Replacements 40,000 2,784 47,786 (7,786) Window Replacements-Various Buildings 25,000 0 0 25,000 Total Expenditures 440,000 12,726 119,085 320,915 (1)Transfer were made in June. 2018 Park Improvement Fund (CIP) - Fund 5600 2018 July YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 300,000 0 300,000 0 Park Dedication Fee 0 0 0 0 Hennepin County Youth Sports Grant 150,000 0 150,000 0 Little League/Youth Associations/Play Eq Grants 15,000 0 0 (15,000) Other Donations 0 0 0 0 Interest Earnings (allocated at year end)4,915 0 0 (4,915) Total Revenues 469,915 0 450,000 (19,915) Expenditures: Project Name Bleacher, Etc Replacement 25,000 0 23,288 1,712 Park Trail and Parking Lot Improvements 40,000 0 8,100 31,900 Play Structure Replacement 55,000 1,392 15,921 39,079 Ball Field Lighting 250,000 2,225 261,727 (11,727) Outdoor Basketball and Hoop Replacement 28,000 5,955 5,955 22,045 Park Signage Replacement 10,000 0 10,658 (658) Sun Shelter Replacement/Additions 50,000 0 52,572 (2,572) Tennis & Pickle Ball Court Resurfacing 30,000 356,003 373,220 (343,220) Wildwood Pickleball Courts 60,000 0 0 60,000 Relamp Athletic Field and Rink Lights 25,000 6,058 17,975 7,025 Dugout, Fence and Field Replacement 55,000 1,125 4,376 50,624 Tennis Court Reconstruction 150,000 0 0 150,000 Total Expenditures 778,000 372,758 773,792 4,208 Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 3. H. 2020 Pavement Management Program 1. Authorize Preparation of Feasibility Report 2. Authorize Professional Services Agreement Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary The proposed 2020 Pavement Management Program (PMP) includes the reconstruction of approximately 1.27 miles of local streets in the northwest corner of the City. The streets included in the proposed project includes: 2020 PMP Aquila Avenue North, 23rd Avenue North to Medicine Lake Road Zealand Avenue North, 23rd Avenue North to Medicine Lake Road Xylon Avenue North, 23rd Avenue North to Medicine Lake Road Rose Manor, Aquila Avenue North to Zealand Avenue North 24th Avenue North, Zealand Avenue North to Wisconsin Avenue North 23rd Avenue North, Cavell Avenue North to Xylon Avenue North The project administration for the 2020 PMP will be performed by City staff. Staff requested a letter of proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH Inc.) to perform the preliminary project design, including survey, geotechnical review and recommendations, traffic and water resource engineering, public participation, and the preparation of project plans, specifications and bidding documents. The estimated cost to perform these services for the project is not to exceed $373,500 as outlined in the September 11, 2018, letter of proposal. The anticipated schedule for these projects is as follows: Order Feasibility Report September, 2018 Preliminary Survey Work Fall 2018 First Open House Spring 2019 Second Open House Fall 2019 Public Hearing Winter 2019 Project Bidding January 2020 Construction Summer 2020 Complete Construction Fall 2020 Attachments • Project Location Map (1 page) • Resolution Authorizing Preparation of the Feasibility Report for the 2020 Pavement Management Program (1 page) • Letter of Proposal from SEH, Inc. dated September 11, 2018 (10 pages) Recommended Action Motion to adopt Resolution Ordering Preparation of Feasibility Report for the 2020 Pavement Management Program. Motion to authorize entering into an agreement for professional engineering services with Short Elliott Hendrickson, Inc. in an amount not to exceed $373,500. BroggerCir Wisconsin Ave N23rd Ave NXylon Ave NElgin Pl Medicine Lake Rd AquilaAveNWinnetkaHeightsDr ZealandAveNA q uilaAveNZealandAveNRose ManorCavellAveN24th Av e N WisconsinAveN I 0 250 500125Feet 2020 PMP Print Date: 9/12/2018Sources:-Hennepin County Surveyors Office for Property Lines (2018) & Aerial Photography (2015).-City of Golden Valley for all other layers. CIP Streets 2020 1.27 miles local Resolution 18-55 September 20, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR CITY IMPROVEMENT PROJECT 20-01 2020 PAVEMENT MANAGEMENT PROGRAM WHEREAS, it is proposed to reconstruct the streets listed below and to assess the benefited properties pursuant to Minnesota Statutes Chapter 429 for the following streets: 2020 PMP Aquila Avenue North, 23rd Avenue North to Medicine Lake Road Zealand Avenue North, 23rd Avenue North to Medicine Lake Road Xylon Avenue North, 23rd Avenue North to Medicine Lake Road Rose Manor, Aquila Avenue North to Zealand Avenue North 24th Avenue North, Zealand Avenue North to Wisconsin Avenue North 23rd Avenue North, Cavell Avenue North to Xylon Avenue North NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. _____________________________ 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. Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax September 11, 2018 RE: City of Golden Valley 2020 Pavement Management Program City Project Number 20-01 Mr. Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Jeff: Thank you for the opportunity to provide professional services to the City of Golden Valley for the reconstruction of streets in the 2020 Pavement Management Program (PMP). The City is requesting a scope of work that includes preliminary, final design, plan preparation and bidding services. This letter serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. BACKGROUND The City of Golden Valley proposes to rehabilitate approximately 1.27 miles of streets in neighborhood east of the Medley Park neighborhood located in the northwest part of the City. The project is bounded by Aquila Avenue North on the West, Xylon Avenue North on the East, 23rd Avenue North on the South, and Medicine Lake Road (Co. Rd. 70) on the North. The following streets are included in the project: • Aquila Avenue North, 23rd Avenue North to Medicine Lake Road • Zealand Avenue North, 23rd Avenue North to Medicine Lake Road • Xylon Avenue North, 23rd Avenue North to Medicine Lake Road • Rose Manor, Aquila Avenue North to Zealand Avenue North • 24th Avenue North, Zealand Avenue North to Wisconsin Avenue North • 23rd Avenue North, Cavell Avenue North to Xylon Avenue North Public utilities such as water, storm sewer and sanitary exist in the right of way. We have assumed the need to replace the existing water main given the history and frequency of water main breaks. The need for improvements to other existing public utilities as well as other private utility facilities such as underground power and gas will be identified as part of the scope of work, however, the extent of rehabilitation required will not be known until after the preliminary design phase. Jeff Oliver, PE September 11, 2018 Page 2 SCOPE OF WORK Preliminary Survey SEH will provide preliminary survey services for the streets included in the program. The proposed survey work will include obtaining vertical and horizontal control, available property corner and monument control, the gathering of topography, profile and cross-section information. In addition, a structure survey of the sanitary and storm sewer structures in the project area will be obtained. SEH will request Gopher One State field markings for private utilities and include them in the base map generated for the plans. Meetings/Project Communication We propose to attend a kick off meeting with Public Works staff at the beginning of the project. The purpose of this meeting will be to plan the public process, check in once more with the scope and schedule, receive direction and assign tasks. We have included a number of staff meetings in the scope, expecting to hold monthly progress meetings during the preliminary and final design phases of the project. We believe consistent monthly design team meetings will provide good feedback and will be critical to keeping the design, schedule and design budget on track. We have also included one meeting for an on-site drainage design walk-thru with City staff to review and discuss the preliminary design, one on-site private utility meet to discuss the project with private utility companies prior to field marking private utilities, two private utility design meetings to discuss the design with the private utility companies, two meetings for special design issues that arise requiring additional attention, and one meeting for review of the plans and specifications with City staff. Public Involvement The public involvement approach to this project is expected to be similar in nature to those followed in previous City PMP projects. We expect to assist the City with an initial newsletter to introduce the project to the neighborhood and two evenings of open house format meetings. This includes one meeting at the beginning of the project design and one meeting after the preliminary design is complete. In addition, SEH will provide both exhibits and staff at the public involvement open house. The exhibits for the open house will consist of City supplied aerial photography on which the project area is illustrated with preliminary design information prepared by SEH. We have also included time to prepare a set of large graphic boards. The City will provide sign in sheets, comment cards and other information in project folders. Scott Haupt, Project Manager, Justin Bergerson, Project Engineer will be present at the open house. The purpose of the first round of open houses will be to present the project and address any questions and concerns prior to design. This meeting is expected to be held toward the beginning of the preliminary design phase of the project. The second open house will illustrate the preliminary design layout and answer any follow up questions. This meeting is expected to be held toward the end of the preliminary design phase, prior to the public hearing. For the purpose of this proposal, we have included time for the Project Manager, or another staff member (as needed) to attend two issue specific meetings that may be necessary for the project. We have also included time to prepare for and attend the public hearing. Geotechnical Street Analysis and Report Geologically, the majority of the streets exist in Des Moines Lobe till, which typically consists of sandy lean clay or clayey sand. Soils are anticipated to closely resemble the soils in the 2019 PMP project. SEH’s geotechnical engineers will be providing the geotechnical boring coordination, evaluation and technical assistance with the project. They will coordinate the boring locations and material testing Jeff Oliver, PE September 11, 2018 Page 3 program, sub grade and pipe bedding recommendations. SEH will review the subsurface materials and borings, identify potential problems, develop an additional boring program (if necessary) and make recommendations based upon the information that is available. The recommendations will be summarized in a memo for your information and project file. Soil boring drilling and lab test services will be performed by a geotechnical sub-consultant firm. SEH is currently soliciting quotes for the work. The drilling program consists of 9 soil borings drilled to a penetration ranging from 10 ft to 20 ft, at approximately 400-foot intervals along the streets. Any debris or potentially contaminated material discovered will be handled separately from this scope of work. Sidewalks and Trails The City’s Existing and Proposed Trail System map does not identify any sidewalks or trails in the project area. We do expect to upgrade a couple pedestrian ramps that intersect Medicine Lake Road to be ADA compliant. Traffic/Intersection Improvements SEH will review the intersection geometry at the neighborhood street intersections and evaluate the options available for improvements. Additional time has been budgeted to assist the City with minor/miscellaneous traffic issues as they arise during the project. Preliminary, Final Design and Plan Preparation SEH will prepare preliminary street and utility designs for the 2019 PMP projects. Existing profiles and alignments will be reviewed and optimized for drainage, storm sewer added as needed, and driveway grades reviewed and improved if possible. The condition of the water main and sanitary sewer is not know at this time, but we included time for complete replacement of the water main and complete lining of the sanitary sewer. A set of final plans will be prepared according to City standards and submitted to the City staff for review and approval. PROJECT TEAM Scott Haupt will be the Project Manager. Justin Bergerson is assigned to the project as the Project Engineer, providing preliminary and final design along with technical production work. Hector Flores will provide the geotechnical analysis and evaluation for the streets included in the program. Mike Kotila, Traffic Engineer will participate in the public involvement activities and other traffic related matters. Other technical experts may be called upon to participate in meetings, depending on the issues that are brought forth by residents and other stakeholders. Sue Mason, Scott Haupt, Justin Bergerson and Mike Kotila will attend the project staff meetings and neighborhood open houses as needed. SCHEDULE We expect to begin working on the preliminary survey as soon as the contract is signed. The subsurface soils investigation field work and survey will begin this fall. The first open house is expected to be held in the spring of 2019, the second open house to be held in the fall of 2019, feasibility report anticipated for fall/winter of 2019, public hearing in winter 2019, with final design and plans following. The bidding will likely be in January or February 2020. Compensation SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage and equipment. We have estimated the services described above to cost a total of Jeff Oliver, PE September 11, 2018 Page 4 $ 373,500. The person/hour task budgets for each phase of the work are attached. The summary of engineering services is as follows: Preliminary Survey $ 30,900 Geotechnical Services with drilling $ 23,300 Meetings and Public Involvement $ 62,800 Preliminary Design & Feasibility Report $ 105,500 Final Design & Plan Preparation $ 151,000 Estimated Engineering Fees $ 373,500 This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff and the community on this project. Thanks for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. Susan M. Mason, PE Scott D. Haupt, PE Sr. Project Manager Project Manager Approved this day of , 2018 City of Golden Valley, Minnesota By: s:\fj\g\goldv\common\proposals\2020 pmp\letter agreement 2020 pmp.docx 23rd Ave N Xylon Ave NCavell Ave NMedicine Lake Rd Wisconsin Ave NAquila Ave NZealand Ave N24th Ave N Westbend Rd Rose Manor O rkla D r Winnetka Heights Dr E l g i n P l Brogger CirAquila Ave NZealand Ave NThis map is neith er a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the GeographicInformation S ystem (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of thismap a ckn owledge s tha t SEH shall not be liable for any damages which arise out of the user's access or use of data provided. PROJECT LOCATIONCity Project No. 20-XX EXHIBITNO. 13535 VADNAIS CENTER DR.ST. PAUL, MN 55110PHONE: (651) 490-2000FAX: (888) 908-8166TF: (800) 325-2055www.sehinc.com 2020 PMPMap by: jbergersonProjection: Henn County Coord.Source: SEH, Hennepin County, City of Golden Valley Print Date: 9/7/2018 GOLDEN VALLEY, MINNESOTAPath: S:\FJ\G\Goldv\145000\5-final-dsgn\51-drawings\90-GIS\2020PMP Project Area Exhibit.mxd275 0 275137.5 Feet ´ Legend 2020 PMP Pr oject Area 2020 PMP City of Golden Valley City Proj. No. 20-XX2020 PMP - Preliminary SurveyDeliverables:Original Survey Data (.ASC Format), Structure Survey Data, Gopher 1 CallTaskSr. Project ManagerProject Manager Tech Lead Tech Admin Survey CrewA. Data GatheringHorizontal Control8Vertical Control12Corner/Monument Search12Topo-Profile-Cross Sections68Gopher 1 Call24Structure Survey216 20Reduce Survey Data6Data Transfer to Software/Coordinates6Coordination6Survey Borings4Travel20Utilities Locate16Total hours 202 0 10 16 6 0 170Project labor cost this phase$24,500Equipment chargesMileage $400Survey Van and Equipment $6,000Total project cost this task$30,900Unique components or assumptions:Topographic survey & field work assumed to occur in Fall 2019.9/10/2018 11:14 AM1 of 5 S:\FJ\G\Goldv\Common\proposals\2020 PMP\2020 PMP Worktasks.xls 2020 PMP City of Golden ValleyCity Proj. No. 20-XX2020 PMP - Geotechnical ServicesDeliverables:Geotechnical Report, RecommendationsTaskSr. Project ManagerProject ManagerSr. Geotech EngineerGeotech EngineerProject EngineerLead Tech AdminA. Geotechnical InvestigationDevelop Geotechnical Investigation Scope 2 2 2Solicit and Evaluate Drilling Proposals2Staking and Utilities Clearance Coordination4Drill Soil Borings & Lab Testing (Subconsultant)Coordination with Driller during Drilling4Review Soil Samples & Assign Lab Tests4Review Final Boring Logs4B. Geotechnical EvaluationSubgrade Recommendations8Utility Recommendations8Geotechnical Report420 8 8Feasibility Report Support4Meetings (Internal & External)16Plans and Specification Support1448Total hours 117 1 6 8 84 2 8 8Project labor cost this phase$15,200Equipment chargesMileage $100Other/subs $8,000(Estimated)Total project cost this task$23,300Unique components or assumptions:Drilling and laboratory testing will be subcontracted.Includes time for various geotechnical reviews for project features (roadway connections, etc.)Any debris impacted or ptentially contaminated material discovered will be handled separately from this scope of work9/10/2018 11:14 AM2 of 5 S:\FJ\G\Goldv\Common\proposals\2020 PMP\2020 PMP Worktasks.xls 2020 PMP City of Golden ValleyCity Proj. No. 20-XX 2020 PMP - Meetings & Public InvolvementDeliverables:Public Involvement Meetings, Exhibits, Design Coordination MeetingsTaskTraffic EngineerSr. Project ManagerWater Resource EngineerProject ManagerGraphic DesignerStaff Engineer AdminA. Public InvolvementPublic Hearing4Council Workshop42Project Area Neighborhood Open House (2 meetings) 8 8 2Additional Neighborhood Meetings (2 meetings) 4 8 8 2B. Design Coordination MeetingsPreliminary Design (6 meetings) 2 6 16 40 24Final Design (6 meetings) 4 6 16 40 24On-Site Drainage Design Walk-thru (1 meeting)88On-Site Private Utility Meet (1 meeting)4Private Utility Design Meeting (2 meetings)84Special Design Issues Meeting (2 meetings) 4 4 4 16 4Plan and Specification Review (1 meeting)48C. Prepare ExhibitsCouncil Workshop/Public Hearing88Open House - Aerial Exhibits48Presentation Boards416 4Power Point Presentation612Traffic Meetings 4 8 2Design Meetings616D. Written CommunicationsMiscellaneous 4 4 12 4Total hours 434 18 20 40 184 28 132 12Project labor cost this phase$60,900Equipment chargesMileage $1,400Reproductions$500Total project cost this task$62,800Unique components or assumptions:Estimate includes revisions and printing of all presentation boards, Hand out copies of all all boards,power point presentation, various exhibits illustrating technical supporting information9/10/2018 11:14 AM3 of 5 S:\FJ\G\Goldv\Common\proposals\2020 PMP\2020 PMP Worktasks.xls 2020 PMPCity of Golden ValleyCity Proj. No. 20-XX2020 PMP - Preliminary Design and Feasibility ReportDeliverables:11x17 Exhibits for Report, Preliminary Design Sketches and Layouts, Feasibility Report, Preliminary CostsTaskSr. Project ManagerWater Resources EngineerProject ManagerStaff Engineer Lead Tech Traffic Engineer AdminA. Preliminary BasemapInformation gathering (GIS record plans, plats, etc.)412Gopher State One Call coordination (obtain maps, draw into basemap) 2 16Preliminary basemapping (streets, utilities, R/W, etc.) 2 20 20Review photos and identify landscape features 2 30B. Preliminary Roadway DesignTypical sections412Horizontal and geometric design10 24 4Alignments and profiles12 20 80Cross sections and earthwork16 40Preliminary construction limits816Impacts evaluation816C. Preliminary Drainage DesignDrainage areas24 4Preliminary storm sewer design 2 50 8 20D. Subwatershed StudyReview opportunities for storm water treatment 16 8E. Traffic StudiesPerform speed study and analysis of cut-through traffic 2 16 16 2F. Preliminary Utility DesignSanitary sewer 1 8 20 8Water Main110248G. Prepare ReportDraft Report4828 2 8Preliminary cost estimate 1 16 32 8Exhibits12 20City correspondence 4 12Address City comments & finalize Report 2 8 12 4Total hours 807 17 98 198 226 252 8 8Project labor cost this phase$104,700Equipment chargesMileage $100Reproductions $700Total project cost this task$105,500Unique components or assumptions:Scope of work for traffic will be determined by preliminary studies and investigations9/10/2018 11:14 AM4 of 5S:\FJ\G\Goldv\Common\proposals\2020 PMP\2020 PMP Worktasks.xls 2020 PMPCity of Golden ValleyCity Proj. No. 20-XX 2020 PMP - Final Design & Plan PreparationDeliverables:11"x17" Plans and Specifications for Review and Permit Applications, Plans and Specifications for Bidding,Engineers EstimateTaskSr. Project ManagerWater Resource EngineerProject Manager Lead Tech Staff Engineer AdminA. Detail Design (Roadway)Finalize typical sections184Finalize horizontal and geometric design 1 6 12 8Finalize centerline and curb profiles 1 10 10 10Final cross sections including construction limits 2 12 24 16Intersection Design840B. Final Drainage DesignPrepare final storm sewer design 4 40 16 12C. Plan PreparationTitle Sheet (1 sheet)18Statement of Estimated Quantities (4 sheets)248General Notes & Earthwork Summary112 8Details (10 sheets)4 1 12 4Typical Sections (2 sheets)112 4Tabulations (10 sheets)81680SWPPP & Erosion Control/Turf Establishment Sheets (8 sheets) 4 4 30 6Alignment Plan212Intersection Details & Ped Ramp Details (6 sheets)620Grading Sheets, Plan and Profile (11 sheets)12 50 24Utility Sheets, Plan and Profile (11 sheets)12 50 24Storm Sheets, Plan and Profile (11 sheets)12 50 24Cross Sections (50 sheets)12 50 24Design coordination with City 4 12Address City comments 4 4 16 8D. Engineers Estimate / Quantity Takeoff2 8 16 60E. Prepare Specification8 8 60 16F. Permit Preparation / Agency CoordinationPrepare permit applications (BCWMC, Dept. of Health)8448G. Review Coordination412H. Bidding AssistanceRespond to Contractor Questions84Prepare Addenda844Total hours1153 30 64 243 408 388 20Project labor cost this phase$145,800Equipment chargesReproductions $3,500Permit Fees (BCWMC, MDH) $1,700Total project cost this task$151,000Unique components or assumptions:9/10/2018 11:14 AM5 of 5S:\FJ\G\Goldv\Common\proposals\2020 PMP\2020 PMP Worktasks.xls Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 3. I. Financing of City’s 2020 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the City to be reimbursed for expenditures related to the 2020 City Pavement Management Program. This reimbursement agreement will allow the City to make expenditures for this project and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the project. Attachments • Resolution Relating to the Financing of City’s 2020 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (4 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of City’s 2020 Pavement Management Program and Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Resolution 18-56 September 20, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF THE CITY’S 2020 PAVEMENT MANAGEMENT PROGRAM; DECLARING THE OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES OF THE PROJECT FROM THE PROCEEDS OF TAX-EXEMPT BONDS AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (the “Reimbursement Regulations”) under the Internal Revenue Code of 1986, as amended (the “Code”), providing that proceeds of tax-exempt bonds used to reimburse prior capital expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Golden Valley, Minnesota, municipal corporation and a political subdivision of the State of Minnesota (the “City”), expects to incur certain expenditures that may be financed temporarily from sources other than tax-exempt bonds, and later reimbursed from the proceeds of tax-exempt bonds; and WHEREAS, the City has determined to make a declaration of its official intent (the “Declaration”) to reimburse certain capital costs from the proceeds derived from the sale of tax-exempt bonds issued by the City or another political subdivision in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA AS FOLLOWS: 1. The City may incur certain capital expenditures in connection with the City’s 2020 Pavement Management Program as described in the attached Exhibit A (collectively, the “Project”) 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of tax-exempt bonds in a principal amount currently estimated not to exceed $3,350,000. All reimbursed expenditures related to the Project will be capital expenditures, costs of issuance of the tax-exempt bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of tax-exempt bonds, except for the following expenditures: (a) costs of issuance of tax- exempt bonds; (b) costs in an amount not in excess of the lesser of $100,000 or 5% of the proceeds of the tax-exempt bonds; or (c) “preliminary expenditures” up to an amount not in excess of 20% of the aggregate issue price of the tax-exempt bonds that are reasonably expected by the City to finance the Project. The term “preliminary expenditures” includes architectural, engineering, surveying, soil testing, bond issuance and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of the Project, excluding land acquisition, site preparation, and similar costs incident to commencement of construction. Resolution No. 18-56 -2- September 20, 2018 4. A reimbursement allocation with respect to tax-exempt bonds will be made not later than 18 months after the later of: (i) the date the original expenditure is paid; or (ii) the date the Project is placed in service or abandoned, but in no event more than 3 years after the original expenditure. 5. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the tax-exempt bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of tax-exempt bonds are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such expenditures for which bonds are issued. 6. The action is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Resolution No. 18-56 -3- September 20, 2018 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF GOLDEN VALLEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Golden Valley, Minnesota (the “City”), DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full and true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on _______, 2018, insofar as such minutes relate to a resolution declaring official intent. WITNESS my hand on this _____ day of _____, 2018. Clerk Resolution No. 18-56 -4- September 20, 2018 Exhibit A Project Description The City of Golden Valley proposes to rehabilitate approximately 1.27 miles of streets in neighborhood east of the Medley Park neighborhood located in the northwest part of the City. The project is bounded by Aquila Avenue North on the West, Xylon Avenue North on the East, 23rd Avenue North on the South, and Medicine Lake Road (Co. Rd. 70) on the North. The following streets are included in the project: • Aquila Avenue North, 23rd Avenue North to Medicine Lake Road • Zealand Avenue North, 23rd Avenue North to Medicine Lake Road • Xylon Avenue North, 23rd Avenue North to Medicine Lake Road • Rose Manor, Aquila Avenue North to Zealand Avenue North • 24th Avenue North, Zealand Avenue North to Wisconsin Avenue North • 23rd Avenue North, Cavell Avenue North to Xylon Avenue North Certain existing utilities such as water, storm sewer, sanitary sewer, underground power and gas in the right of way will be replaced or improved. Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 3. J. Authorization to Sign Legal Services Agreement with Chestnut & Cambronne, P.A. for Prosecution Services Prepared By Jason Sturgis, Chief of Police Summary The City’s legal services agreement with Chestnut & Cambronne, P.A. for prosecution services will expire on December 31, 2018. A new agreement covering the 4 year period beginning January 1, 2019, and terminating December 31, 2022, has been negotiated. The service terms and conditions for criminal prosecution work remains the same as the existing agreement. The agreement has been amended to reflect that legal services performed concerning property forfeitures related to criminal cases will not be billed on an hourly basis. This work will be billed on a contingency fee basis, where net recovery would be paid 1/3 to the prosecuting attorney and 2/3 to the City of Golden Valley. The financial terms of the new agreement call for an hourly rate of $125, plus expenses. The annual fee cap is set at $172,000 in 2019, $175,000 in 2020, $177,000 in 2021 and $179,000 in 2022, annually plus costs. The City Council is asked to authorize the Mayor and City Manager to enter into a Legal Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2019, through December 31, 2022. Attachments • Legal Services Agreement (2 pages) Recommended Action Motion to authorize the Mayor and City Manager to execute a Legal Services Agreement with Chestnut & Cambronne, P.A. for prosecution services for the period January 1, 2019, through December 31, 2022. LEGAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this ____ day of July, 2018, by and between the City of Golden Valley, a Minnesota municipal corporation, hereinafter referred to as “Golden Valley” and Chestnut Cambronne, PA, hereinafter referred to as “Prosecuting Attorney”. WHEREAS, the parties hereto desire to enter into an Agreement regarding prosecution services; NOW THEREFORE, in consideration of the mutual promises of the parties, Golden Valley and Prosecuting Attorney hereby agree: 1. Golden Valley hereby retains said Prosecuting Attorney to perform all of the criminal prosecution work and property forfeitures related thereto, for Golden Valley, and said Prosecuting Attorney agrees to do so under all terms and conditions set forth herein. 2. For said services, Golden Valley agrees to pay Prosecuting Attorney at the rate of One Hundred Twenty-Five and No/100 Dollars ($125.00) per hour plus costs, such payment to be on a monthly basis as billed. Notwithstanding, attorney fees charged to Golden Valley in the year 2019 shall not exceed One Hundred Seventy- Two Thousand and No/100 Dollars ($172,000.00), annually plus costs. Attorney fees charged to Golden Valley in the year 2020 shall not exceed One Hundred Seventy-Five Thousand and No/100 Dollars ($175,000.00), annually plus costs. Attorney’s fees charged to Golden Valley in the year 2021 shall not exceed One Hundred Seventy-Seven Thousand and No/100 Dollars ($177,000.00) annually, plus costs. Attorney’s fees charged to Golden Valley in the year 2022 shall not exceed One Hundred Seventy-Nine Thousand and No/100 Dollars ($179,000.00) annually, plus costs. 3. During the term of the agreement, in the event there are changes in law or court procedures that require the expenditure of significant time and/or services not currently contemplated by the parties, Golden Valley and Prosecuting Attorney agree to negotiate additional or other terms acceptable to the parties. 4. Notwithstanding the foregoing, legal services performed for the City of Golden Valley in the nature of vehicle or property Forfeitures, shall not be billed on an hourly basis. The Prosecuting Attorney will be reimbursed for its forfeiture services on a contingency fee basis, over and above the amounts paid pursuant to paragraph 2 above, wherein the net recovery of any property Forfeiture, including vehicles, would be paid One-Third (1/3) to the Prosecuting Attorney, and Two- Thirds (2/3) to Golden Valley. 5. The term of this contract shall be for four (4) years commencing January 1, 2019, and terminating December 31, 2022. IN WITNESS WHEREOF, the parties have, on the date first above-written, executed this Agreement in duplicate, each of which shall be considered an original. THE CITY OF GOLDEN VALLEY CHESTNUT CAMBRONNE, PA ______________________________ Its Mayor ______________________________ Its City Manager ______________________________ Francis J. Rondoni Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 4. A. Public Hearing - Vacate Easements at 845 Meadow Lane North Prepared By Eric Eckman, Development and Assets Supervisor Summary The City and property owner recently discovered that the owner’s main building was constructed over a drainage and utility easement and a sanitary sewer easement that were intended to be vacated by the City in 2000 when the building was expanded. The property owner would like to rectify this situation and has requested that the City vacate the easements accordingly. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment, and there has been no objection to this easement vacation. Since the easements are not adjacent to a public water, notice to the Commissioner of Natural Resources is not required. In accordance with state statutes, a four-fifths majority vote in favor of the resolution is required to approve this easement vacation. Attachments • Location Map (1 page) • Easement Vacation Exhibit (1 page) • Resolution Vacating Easements at 845 Meadow Lane North (2 pages) Recommended Action Motion to adopt Resolution Vacating Easements at 845 Meadow Lane North. ■ 011►If a .r.wjk IA :� 16711V/ Mrs rov.mI Ll M WOTI . LTi Easement Vacation Exhibit Resolution 18-57 September 20, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS AT 845 MEADOW LANE NORTH WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of certain recorded easements on the property commonly known as 845 Meadow Lane North, legally described as follows: Lot 1, Block 1, Animal Humane Society P.U.D. No. 84, Hennepin County, Minnesota (the “Subject Property”). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the principal structure was expanded into the easement areas on the Subject Property in 2000; and WHEREAS, the recorded easements were not vacated at the time of building expansion; and WHEREAS, the City has evaluated its interest and use of the property; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easements located in the Subject Property legally described below be vacated: The drainage and utility easement of record lying within Lot 1, Block 1, Animal Humane Society P.U.D. No. 84, Hennepin County, Minnesota reserved in document number 3774080, legally described as follows: A perpetual drainage and utility easement in, on, over and across all that part of Lots 250, 251 and 252, Glenwood, lying within a 15.0 feet wide easement and 7.5 feet on either side of the following described centerline: Commencing at a point in the east line of Lot 250, Glenwood, distant 30.0 feet south of the northeast corner thereof; thence southwesterly to a point in the west line of Lot 252, Glenwood, distant 14.0 feet south of the northwest corner thereof, and also A perpetual drainage and utility easement in, on, over and across all that part of Lots 360, 361 and 362, Glenwood, lying northwesterly of a line that is 15.0 feet southeasterly of and parallel to the northwesterly line of said Lots 360 and 361, Glenwood, except that part of Lot 360 lying south of the westerly extension of the south line of Lot 362. Resolution No. 18-57 -2- September 20, 2018 The sanitary sewer easement of record lying within Lot 1, Block 1, Animal Humane Society P.U.D. No. 84, Hennepin County, Minnesota reserved in document number 3072028, legally described as follows: A ten (10) feet perpetual easement for sanitary sewer purposes, and a sixty (60) feet temporary construction easement, said temporary easement to expire on or before September 30, 1958, the center line of which is described as follows: Commencing at the Southwest corner of Lot 360, Glenwood, and thence Northerly twenty (20) feet to the actual point of beginning of the center line to be described: thence due Easterly in a straight line twenty (20) feet North of and parallel with the South line of Lots 360, 363, Glenwood, is the Easterly line of said Lot 363, Glenwood and there terminating. _____________________________ 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, 2018 Agenda Item 4. B. Public Hearing - Vacate Easement at 1001 and 1005 Quebec Avenue North Prepared By Eric Eckman, Development and Assets Supervisor Summary While preparing to sell the property located at 1001 Quebec Avenue North, the owner discovered that their home was constructed over a utility and drainage easement that was not properly vacated when the home was constructed in 1966. The property owner would like to rectify this situation and has requested that the City vacate the easement accordingly. While reviewing this request, staff discovered that the easement in question extends east into the abutting property located at 1005 Quebec Avenue North, where an accessory structure appears to lie within the same easement proposed to be vacated. The owner of 1005 Quebec Avenue North was notified by letter of the proposed vacation consistent with state statute. Staff is supportive of the easement vacation request. However, upon review, it was discovered that the City does not appear to have easements over the public water and sewer mains located within the eastern 100 feet of the property located at 1001 Quebec Avenue North. Therefore, as part of the request to vacate the utility and drainage easement, the owner of 1001 Quebec Avenue North agreed to dedicate a new utility and drainage easement over the eastern 100 feet of the property. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment, and there has been no objection to this easement vacation. Since the easement is not directly adjacent to a public water, notice to the Commissioner of Natural Resources is not required. In accordance with state statutes, a four-fifths majority vote in favor of the resolution is required to approve this easement vacation. Attachments • Location Map (1 page) • Easement Vacation Exhibit (1 page) • New Drainage and Utility Easement Exhibit (1 page) • Resolution Vacating Easement at 1001 and 1005 Quebec Avenue North (2 pages) Recommended Action Motion to adopt Resolution Vacating Easement at 1001 and 1005 Quebec Avenue North. IR 011►If IA a .r.Wjk IIIA WiTiTi N 1II11WRO F-3 •TT• IVEN 1I O WiTiFil Ire ------------ 9£ Ov 99 89 95 a) C4'4 M N - - roOW9 - Jet CIO .. 3wS,94ti0S LO'81.� FEZ � �� I J 0 c SO co r 0) a N M 1i r co m S,. (0 S'l 4e- �' `� cv -� 2 IUD CD V N Q W (� cy)CN -p M � I 0 �! > � CF) r+ N Q (.C) r ! p o co ! 7 E I W IM 65 tb'£L w p2 0 +1 EZ f I o cc p 65591£ 4 cs CL c 4. ca CD C C N W U I w ------ - COr• r o a C)�- New Drainage and Utility Easement Exhibit A permanent easement for drainage and utility purposes over, under and across that part of the following described property: Commencing at the Southeast Corner of Lot 2, Block 20, of the Winnetka Plat; thence South 0 degrees 16 minutes 5 seconds East, assumed bearing of the east line thereof, 18.009 feet to the point of beginning; thence South 0 degrees 16 minutes 5 seconds East, 45.458 feet; thence North 88 degrees 33 minutes 44 seconds West, 100.000 feet; thence North 1 degrees 35 minutes 45 seconds East, 45.708 feet; thence South 88 degrees 24 minutes 18 seconds East, 98.521 feet to the point of beginning and there terminating. New Drainage and Utility Easement Resolution 18-58 September 20, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENT AT 1001 AND 1005 QUEBEC AVENUE NORTH WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted a public hearing on the vacation of a recorded easement located on the properties commonly known as 1001 and 1005 Quebec Avenue North, legally described as follows: Lots 2 and 3, Block 20, Winnetka, Hennepin County, Minnesota (the “Subject Property”). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the principal structure located at 1001 Quebec Avenue North was constructed within the easement located on the Subject Property in 1966; and WHEREAS, an accessory structure located at 1005 Quebec Avenue North appears to be constructed within the easement located on the Subject Property; and WHEREAS, the recorded easement was not vacated at the time of construction; and WHEREAS, the City has evaluated its interest and use of the property; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easement located in the Subject Property legally described below be vacated: The utility and drainage easement of record lying within Lots 2 and 3, Block 20, Winnetka, Hennepin County, Minnesota reserved in document number 3451055, legally described as follows: The southerly 15 feet of Lots 2 and 3, Block 20, Winnetka, Hennepin County, Minnesota, including that part of Faribault Street, vacated. Resolution No. 18-58 -2- September 20, 2018 ____________________________ 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, 2018 Agenda Item 6. A. Revocation of Conditional Use Permit 119 - 800 Boone Avenue North Prepared By Jason Zimmerman, Planning Manager Summary Staff is recommending revocation of Conditional Use Permit (CUP) 119, which allows for the operation of an adult day care at 800 Boone Avenue North, due to repeated violations of the conditions of the permit approved by the City Council on August 3, 2011. In addition, staff recommends the revocation be stayed until November 7, 2018, and the matter be referred to the Planning Commission so that the permit can be reviewed and the City Council can be advised on the potential for any amended conditions. Background The CUP for an adult day care at this address was first approved in 2007 and allowed for up to 70 clients to be served on-site. At that time a condition was included in the permit which stated that “the hours of normal operations shall be from 7 am to 5:30 pm with the exception of occasional evening social functions.” In 2009, the property owner approached the City Council to request a Zoning Code text amendment to allow banquet facilities/catering halls to be included as allowed uses in the Light Industrial Zoning District so that his property could be used in this fashion. The City Council declined to support this amendment. About the same time, the Minnesota Department of Human Services determined that up to 175 clients could be served at the facility. In 2011, an amendment to the CUP was approved that increased the number of clients to 265 as the business expanded within the building. During the public hearing, the Planning Commission questioned the property owner and City staff about the use of the facility as a banquet hall. The owner replied that banquets would serve only clients and employees of the business and he did not anticipate having more than eight events per year. Staff made it clear that banquets that were open to the public were prohibited in the Light Industrial Zoning District. Earlier this summer, the Police Department reached out to Planning staff to ask about any restrictions on activities at 800 Boone Ave. They reported receiving complaints from nearby properties about loud parties taking place in the evenings and into the early morning hours, and that officers had witnessed drinking and dealt with fights in the parking lot. Staff contacted the property owner and initiated a conversation about the evening use of the property and the conditions of the CUP. Based on information provided to staff about the frequency and manner of events being booked, staff proposed a set of mutual clarifications which would further define the conditions on the current CUP. The property owner declined to agree to the clarifications. Therefore, staff is bringing the matter to the attention of the City Council in order to move forward with a revocation of the CUP as outlined in Chapter 11.80, Subd. 2(O) of the City Code (“The Council shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of such permit have been violated or broken. All such action by the Council to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of Council Members.”). Findings The grounds for revocation can be found by referencing Condition 4 of the permit, which states that “the hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions.” 1. Staff finds that the number of social events being held at 800 Boone Ave N exceeds what would reasonably be considered “occasional,” as the calendar provided by the property owner shows 29 events scheduled between June and December in 2018. This also far exceeds the estimate of approximately eight banquets per year that was referenced by the property owner in his testimony to the Planning Commission on June 13, 2011. 2. As demonstrated in the 2018 summary police report, staff finds that the timing and length of the events exceed what would reasonably be considered to be “evening” hours, as police calls to the address in 2018 were being addressed well after midnight and in one case as late as 5 o’clock in the morning. The owner has also violated Condition 12 of the permit (“All other applicable local, state and federal requirements shall be met at all times.”) by violating other local ordinances and state law. Council is authorized to revoke the permit on the basis of these violations. 3. The owner served or permitted alcohol on the property without a liquor license in violation of local ordinances and state law. Despite assurances from the property owner in a letter to the City dated March 9, 2009, that no liquor would be provided or brought into the facility without the proper liquor license and liability insurance being obtained, public posts on Facebook this summer advertised a party with live music. The Golden Valley Police confirm that alcohol was present during at least one of these events. Event organizers denied selling or providing alcohol, but allowing the consumption of alcohol on the property is a violation of Minnesota statute 340A.414 which states that “no business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages…without first having obtained a permit from the commissioner.” 4. The repeated use of the property for events such as conventions and other large-scale events (up to 250 people) appears to qualify the facility as a banquet/catering hall. A request to the City Council to allow this sort of use was made by the property owner at the April 14, 2009, Council/Manager meeting and was not supported. Therefore, this remains a prohibited use in the Light Industrial Zoning District and such activities are a violation of the Zoning Code. Due to the failure of the property owner to comply with the conditions of the permit, staff recommends revocation of Conditional Use Permit 119. Further, staff recommends a stay of the revocation until November 7, 2018, and that the City Council refer the matter to the Planning Commission to review and propose any amended conditions of approval for consideration. Attachments • Location Map (1 page) • Conditional Use Permit 119 (1 page) • Staff memo to Council/Manager meeting from April 14, 2009 (8 pages) • Minutes of Council/Manager meeting of April 14, 2009 (1 page) • Staff memo to Planning Commission from June 13, 2011 (13 pages) • Minutes of Planning Commission meeting of June 13, 2011 (4 pages) • 2018 summary police report for 800 Boone Ave N (1 page) • Letter and attachments from property owner dated July 12, 2018 (26 pages) • Letter from Planning Manager to property owner dated July 30, 2018 (2 pages) Recommended Actions Motion to revoke Conditional Use Permit 119 for 800 Boone Avenue North based on the findings contained in this staff report. Motion to stay the revocation of Conditional Use Permit 119 until November 7, 2018, and refer the matter to the Planning Commission to review and advise the City Council prior to that date. Golden Oak„ Ave N Golden Volley Rd Ave N Subject Property: 800 Boone Ave N z 40WO z < Lddtare cc Open Space 70, Ave N rfatoldAve O PfO 0 kvn, w Po,,d 0 Brookv,evv Carnmon'ty center'z Go. Cause bE 10th Alm N Library Htl Oty hbll 156 Campus bE CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. CU-119, Amendment#2 Date of Approval: Original CUP - November 20 2007 by the City Council in accordance with Sec. 11.10, Subd. 2 and Section 11.30 of City Code Amendment 2 Approval -August 3, 2011 Issued To: Heartland Adult Daycare a subsidiary of DRAM Properties, Inc. Approved Location: 800 Boone Avenue North, Golden Valley, MN Approved Conditional Use: To allow for an adult day care center in the Light Industrial zoning district. Conditions of Approval: 1. All signage shall meet the requirements of the City's Sign Code. The Golden Ballroom sign shall be removed immediately. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to the amount of clients specified by the Minnesota Department of Human Services. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building shall meet the City's Building Code requirements. 6. All necessary licenses shall be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers shall be screened in a manner acceptable to the Inspections Department, 8. The trailer used for storage and other temporary storage buildings shall be removed from the site immediately. 9. Inflow and Infiltration rehabilitation compliance shall be completed within 90 days of the approval of the amended CUP. If the work is not completed by that time, the City has the right to use the posted escrow to complete the work. 10. The applicant shall provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 11. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. 12. All other applicable local, state and federal requirements shall be met at all times. 13. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. Warning: This permit does not exempt you from all other city code provisions, regulations, and ordinances. Issued by: 6�,-4 Mark Grimes, Director of Planning and Development YGj., Memorandum , Planning aley763-593-8095 1763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting April 14, 2009 Agenda Item 1. Request to Amend City Code - Allow Catering Establishments in Light Industrial Zoning District Prepared By Mark Grimes, Director of Planning and Development Summary DRAM Properties, LLC is requesting that the City Council allow the process to begin to consider changing the text of the Light Industrial Zoning District to permit (by right or conditional use) the operation of a catering establishment. The request is summarized in a letter from David Olshansky dated March 9, 2009. As background, Mr. Olshansky received a Conditional Use Permit (CUP) in November 2007 to operate adult day care in the building at 800 Boone Avenue North. The CUP allows up to 70 clients to be served in the building. On March 20, 2009, the City received a letter from the Minnesota Department of Human Services that indicates a license for the care of 20 adults has been applied for by a subsidiary of DRAM Properties. At this time, some minor building permit issues must still be resolved prior to opening the adult day care at 800 Boone Avenue North. Since the CUP was approved by the City Council in November 2007, the owner has been making improvements to the building required to operate adult day care. The improvements at the 800 Boone Avenue North building do include a kitchen that will provide food for the clients at this site and their other adult day care site they own within the City at 4949 Olson Memorial Highway. They are currently renting a kitchen off site to prepare food for the adult day care at 4949 Olson Memorial Highway. Any change to the Zoning Code is at the discretion of the City Council. At the present time, the property is zoned Light Industrial. Within that Zoning District, there is a long list of both permitted and conditional uses. When DRAM purchased the property in 2007, they were aware of the allowed uses in the Light Industrial Zoning District. If the City Council determines that a change is not appropriate, the City has not "taken" any rights away from the owner. The City does allow catering establishments in the Commercial Zoning District. If the City Council decides that this change is one that should be considered, it would be referred back to the staff and Planning Commission to begin the process to amend the Zoning Code. Attachments Location Map (1 page) Letter from David Olshansky dated March 9, 2009 (5 pages) 0 _ f j.vRT 1, O O O O O O O 1800 Boone Ave N D D sxE. D O O o O O O O O O O 0 0 0 o O O O O �, �•.. SIA 0 1 / aC1o00D' p o i i M �D" DDO 0 1 wo 00 °o 00000 0 00 000000000 0 0 0000 1 ; 0000 lb O OOOOOOODOO 0000000 .. 'Iss 4 �:_, i �s .+•,.if•µ - � � i r t',' yt �b ra}�s. >��:� k t�, � �` � V�"' 44��'~dSr• aS'fi+•alk•. 11�oaenbgw�t�MrJM9tw/r{ytICI WC�9Ot4700E ... - � eyy� . DRAM Properties, LLC. 800 Boone Avenue N., Suite 175 . Golden Valley, MN 55427 Bus. (763) 417-8888 Fax (763) 417-9999 March 9, 2009 Mr. Mark Grimes Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Dear Mark: I would like to follow up our conversation concerning the space at 800 Boone Avenue N., Golden Valley, MN 55427 and our sincere hope to make it into a beneficial and plausible catering establishment. As you know,we worked hard in the last few years to bring forth unique services which make our community a better place to live. Although the downturn in the economy is palpable, we hope to make our facility a resource that people can treasure. We continue to operate the Heartland Adult Daycare at 4949 Olson Memorial Highway in a manner that is both non-intrusive and valuable for the community. We have always tried to operate a well- organized, professional business that looks out for the people it serves. Currently,we serve a variety of nationalities,including American, Spanish, East European, and Southeast Asian and most people really enjoy our program. Thus far,we have fielded a lot of requests for a more affordable social atmosphere both from participants and from family members who simply cannot pay the asking prices of other Golden Valley locations. In asking for your permission to operate a beneficial and orderly catering establishment, I would like to provide some details that can help you evaluate our plan. From the community development perspective, our facility currently provides an organized adul* daycare program during daytime and evening hours, and can also be used for cultural and social events for relatives and friends of those who utilize the daycare program as well as other residents of the Minneapolis-St. Paul metropolitan area,who would seek to host and/or attend social gatherings particular to their own respective cultural backgrounds. These gatherings could include life cycle events such as birthday parties,religious observations and confirmations,weddings, family reunions, holiday parties,retirement parties,and etc. Looking at precedent and the technical aspects of our plans, it appears that both Golden Valley and the seemingly strict St. Louis Park allow catering establishments in industrial zoned areas. Moreover,our site is accessible,not adjacent to single family residences, and offers sufficient off-street parking spaces. As we mentioned before, we are currently renting a kitchen elsewhere for our adult daycare needs. This is inefficient and particularly expensive. Our proposed catering establishment, however, will make it a lot easier for us to provide quality food to the people we serve. Moreover, we do not want to compete with general catering establishments both because that is not our business and because our target audience is different from theirs. The food cooked here would be made available for the adult daycare program and other scheduled onsite events only. We would not cater outside events. Our location can provide space in a manner that will engage the core audience and will complement other catering establishments in Golden Valley by offering a unique and beneficial public service. For example,we have thus far fielded over 25 requests by members of Baptist churches for affordable space where they will prepare their own food and sit in large groups at tables having discussions, taking pictures,and drinking water and cola. Thus far these people have had to limit the size of their parties because they had to take place at homes and in uncomfortable gymnasiums with no kitchen access. We have had many requests to use our facility for such purposes precisely because no other affordable opportunities exist. We believe we can get more community members involved and we believe we can do so without harming anybody's interests. As I stated in our conversation, we want this facility used in an orderly and inoffensive manner. We operate a professional business and our community image means everything to us. Prospectively, every event would be scheduled and every host screened. For each event, liability and damage insurance would be mandatory. Currently, we are not licensed to provide alcoholic beverages nor can nonlicensed participants or hosts bring them into the facility. We do not plan to seek a liquor license, though we would like the option to have our guests hire a licensed caterer with a liquor license if they choose to be served liquor on the premises and if they purchase the special insurance available for such events. As mentioned earlier,we want to operate this catering establishment in a legal,orderly, and inoffensive manner. We believe this space should be used for the purposes outlined above and we will not allow illegal, irresponsible, or contentious behavior on the premises. We are very conscious about managing this facility in the same manner that we successfully operate our other Golden Valley location at 4949 Olson Memorial Hwy. We want to do everything right,we do not want to sell the property to anyone else, and we believe we can provide a valuable service to the community that few others can. As you can see from the enclosed pictures,this is a unique facility and different event layouts can facilitate a variety of appealing celebrations. As an added benefit, we would also extend the opportunity to the city of Golden Valley for community recognition events, as well as any other city-sponsored event or program. We are serious about adding value to the community and in these negative economic times,we can provide a positive service that is sure to please. I hope the attached pictures show our high standards and dedication to professionalism. We seek your permission to operate a catering establishment in a manner and for the reasons described above. If you have any follow up questions or would like to tour our facility,please do not hesitate to let me know. I are more than willing to work with you to find a suitable use of this property in a manner that will make the City of Golden Valley proud of us just like it is with our current services. I know that we can be an asset to this city. Respect y D ky �1 } r d Y IN h N INK NV G au 3 J p � M1 ` r Y,k T i ,aE 1 JAS ry 1"k y �y N. 4 4k F ; o z f �k F k Nr , f 14 r `� `• »..��.� t ��7y�}a `y o}Nt�p���:i. 4 1Yq �� ' t: £' � T• - � ti•' � :r�,..�y1►s�al � 'T, Council/Manager Meeting Minutes April 14, 2009 ent: Mayor Loomis and Co cil Members Freiberg, Pentel, Scanlon and Shaffer, City Tom Burt, Direct of Planning and Development Mark Grimes, City Planner Joe Ho , Chief Fire and s Mark Kuhnly, Property Maintenance Inspector is Works Director Jeannine Clancy, Police Chief Stacy Altone is Manager Jeanne Andre. Th eting began at 6:40 pm the Counci ence Room. Request to Amend City Code —Allow Catering Establishments in Light Industrial Zoning District The City Council reviewed the request of David Olshansky of DRAM Properties LLC to use the property at 800 Boone as a catering facility. Their conclusion was that catering as an accessory use to adult day care is appropriate, but that use of the property as a banquet facility/catering hall is not appropriate in a light industrial zone. Therefore the Council does not wish to amend the City Code to allow a catering hall as a permitted or conditional use in the light industrial zoning district. reclosures in Golden Valley Pre ntation J Kunde reviewed data on current reclosures in Golden Valley and explai ed that Insp ons and Police monitor prope s in foreclosure to alleviate probl ith break-in nd lack of maintenance. Vi ation orders continue to be is when property is oreclosure as these ord s run with the property. en foreclosed properties cur tly have outstanding rders. If residents seed; elp to avoid foreclosure, they are provide information pack prepared by Hen. "in County and referred to the Hennepin Coun eb Site. Human Rights Commis Project Council Member Scanlon di s uted a over 010 of recent Human Rights Commission activities. The Council discusse ' de irrS,16 have the HRC identify activities to promote its mission and Council M "Scanlon indicated that the HRC would like direction from the Council. A numbe tions were discussed with the determination that HRC interest in demographico ort an educational mission related to the upcoming census. Council su ested at J ogeboom attend the May Commission meeting to review Hennepi ; ounty's omplet ount' initiative to educate all sectors of the population in the i ortance of a census. Proposed Golde alley Town Sq u re Landscaping innetka Avenue/Golden Valley Road) The Council sewed a modified pla `yto replace plantings o e northwest corner of Winnetka enue and Golden Valley oad. Jeannine Clancy d1 , uted staff comments on the posal. The Council determiAed that it would not support r' oving existing Lind and Maple trees. It is willing t consider offering a license to wo n the right-of- w o remove the arborvitae hedge nd replace it with grasses, along wi - I dscaping the lower area next to t shopping center parking lot. OPITPlanning 763-593-8095/763-593-8109 (fax) Date: June 8, 2011 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Amended Conditional Use Permit (CUP-119) to Allow for Expansion of Legacy Adult Day Care at 800 Boone Avenue — David N. Olshansky (President, DRAM Properties, Inc.), Applicant Background and Description of Existing and Proposed Uses Mr. David N. Olshansky, president of DRAM Properties, Inc. has requested an amendment to the existing Conditional Use Permit (CUP) No. 119 in order to expand the existing adult day care facility at 800 Boone Avenue. The expansion in space would eventually allow the State to license the facility for up to 265 persons. Currently, they are licensed to have up to 170 persons. (The existing CUP states that the day care is limited to 70 clients or the amount specified by the State. The State recently increased to number allowed from 70 to 170 in the space designated in the CUP. This was also approved by city staff.) The existing adult day care has operated successfully since it was approved in 2007. The building at 800 Boone Ave. N. is owned by DRAM Properties and is 42,655 sq. ft. in area. The original CUP allowed DRAM Properties to operate the adult day care in about 20,000 sq. ft. of the building. The proposed amendment to the CUP would allow DRAM to use the entire building for adult day care and offices for Home Health Care when the current tenant (Leeds) vacates the building. Currently, there are three tenants in the building. First, Legacy Adult Day Care (owned by Mr. Olshansky and formally called Heartland Day Care) occupies about 13,900 sq. ft. of the building. This adult day care use was approved by the original CUP for 70 adults or a number approved by the State based on size and capacity of Legacy Adult Day Care. About 5,300 sq. ft. of the building is occupied by the office headquarters for Health Care Plus, Inc. Health Care Plus is also owned by Mr. Olshansky. Health Care Plus provides home health care services to seniors and employs 50 or so people in this office space. Until recently, Leeds, Inc. occupied about 23,500 sq. ft. of the building. Leeds has reduced their size to 10,970 sq. ft. of office and warehouse space. The remaining 12,500 sq. ft. of the building formally occupied by Leeds is to be used for expansion by Legacy Adult Day Care. When Leeds ends its lease with DRAM Properties, the remaining space now occupied by Leeds will be converted to Legacy Adult Day Care. At that time the entire building would be occupied by either Legacy Adult Day Care or Health Care Plus offices. Legacy Adult Daycare now employs approximately 15 people and serves between 60 to 70 elderly clients although they are licensed by the State to care for 165. At this time, the clients are primarily Chinese and Southeast Asian. The plan is to expand Legacy to serve additional members of those groups. The day care space includes a dining area, a kitchen, activity rooms and several restrooms for its facility. Regular hours of operation are from 7 am to 5:30 pm; however, the majority of clients are there from 9 am to 3 pm. Almost all of the clients come to the day care on small busses. There may be some after-hour events that serve the clients of Legacy Adult Day Care or Health Care Plus. The City Council approved a similar CUP, issued to DRAM Properties, on November 5, 2003 for the operation of an adult daycare at 4949 Olson Memorial Highway. The adult day care has successfully occupied this location with no violations of the CUP. The adult day care on Olson Memorial Highway primarily serves Russian clients. The building at 800 Boone Avenue was constructed in 1973. It is located in the Light Industrial zoning district. The site is guided for light industrial uses in the Comprehensive Plan. Leeds Precision Instruments, a microscope manufacturing company, is currently located in a separate area of the building and occupies about 10,900 sq. ft. Individual access would be provided for the proposed adult day care facility. Legacy Adult Day Care occupies about 13,900 square feet in the northern and western portion of the building. An additional 5,300 square feet of the northern portion of the building is used as office space for Home Health Care, Inc. The Zoning Code requires one parking space for five clients for adult day care. The building at 800 Boone Avenue currently has 162 parking stalls. If the building was entirely adult day care serving 265 clients, the number of required stalls would be 54. However, with the building also has about 5,300 sq. ft. of office space for Home Health Care Plus and 10,900 sq. ft. of office space for Leeds for a total of 16,200 sq. ft. of office space. This amount of office space requires 65 parking spaces (one space for each 250 sq. ft. of office space). Office space requires one space for each 250 sq. ft. With the 162 total spaces, the amount of parking on site greatly exceeds the parking requirement of 119 spaces (54 for adult day care and 65 for office space). When Leeds leaves the building and the entire space is converted to adult day care, the parking requirement will be reduced to 75 spaces (54 spaces for adult day care and 21 spaces for the 5,300 sq. ft. of office space for Home Health Care). have visited the site and found more than adequate parking. I was told by Mr. Olshansky that all the clients come to the site on small busses. The busses either drop the clients off in front of the property along Boone Ave. or in the parking lot to the south of the building. The parking lot is used by employees of Home Health Care Plus or Leeds. There are a couple of concerns about the use of the parking lot that will be addressed in the amended CUP. First, all dumpsters must be screened as required by the Zoning Code. They are currently unscreened. The applicant has agreed to do this prior to approval of the CUP by the City Council. Second, there are two storage containers that are located on site. One is rented from a storage container company and is owned by Leeds. The second is a 53 ft. trailer that is parked at the northeast corner of the building. It is used for the storage of tables and chairs owned by DRAM for use in the building. The City does not permit temporary storage buildings unless they are used for a short period of time related to construction. If extra space is needed, the building should be expanded. These two temporary storage structures do not meet the City's building code and should be removed. The purpose of a trailer is to bring a product to a building and then move the trailer after the product is removed. A trailer is not intended for permanent storage. When the City issues a CUP, it has the right to require an Inflow and Infiltration (I and 1) inspection to determine if there is improper seepage of clear water into the sanitary sewer system. If there is such seepage due to failure of the pipe system from the building to the City's sewer system, the failure must be corrected in order that clear water is not going into the sanitary sewer system. (The City has been required to address this infiltration and inflow issue by the Metropolitan Council's Environmental Services division that operates the sewer plants for the metro area. Golden Valley has been identified with other cities with an inflow and infiltration problem and has been required to correct the problem. In addition to correcting the problem on the City's sanitary sewer pipes, the City must also require that leaking private pipes be fixed to eliminate inflow of clear water into the system that does not require treatment at a sewer plant. By reducing inflow and infiltration, it will delay the construction of additional sewer plants in the metro area.) Because there is a proposed change of use from office to adult day care, the City has required that a I and I inspection be done and that if there are improvements needed to the private system, they will have to be made prior to approval of the amended CUP by the City Council or an escrow of 125% of the cost submitted to the City to guaranty the work is done within 90 days of the approval of the amended CUP by the City. At this time, staff has not gotten the results of the I and I inspection. The owner has asked that this requirement to improve the private sanitary sewer lines be delayed until Leeds vacates the entire building. The building to the north of the DRAM Property (830 Boone Avenue) is a 152,500 square foot building is owned by Interkey Properties LLC, and is an office/warehouse building. The building to the south of the property, located at 750 Boone Avenue, is occupied by the offices of Peterson, Beyenhof and Zahler, Ltd., CPAs. Across the street to the west, Billboard Planet and Performance in Motion occupy space. Bassett Creek is located directly east of the �roperty. There are currently four "for-lease" signs along Boone Avenue between 7th and 10t Avenues. The traffic signal at the intersection of Boone Avenue and Highway 55 provides good access to the site. Golden Valley Road and 10th Avenue also provide adequate access to the site. There is a sign in front of the building that identifies one of the tenants as the "Golden Ballroom". Staff has asked that this sign be removed because this type of facility is not permitted. Mr. Olshansky has agreed to remove the sign. There has been some concern that the facility has been used for events such as weddings and parties. I have been assured by Mr. Olshansky that the rooms are not rented out for events. The only events that occur on the site are related to Legacy Adult Day Care or Home Health Care Plus. Examples may be an employee party, birthday or anniversary party of a client, etc. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. DRAM Properties has demonstrated that there is a need for adult day care by operating two facilities in Golden Valley. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term light industrial use. Adult day care centers, through conditional use, are compliant with this land use designation. The building will also be used for office space which is consistent with the light industrial designation. 3. Effect on Property Values in the Area: Staff does not believe the approval of this amended permit will negatively affect property values in the area. The site is located in an industrial area and is separated to an adjacent Residential zoning district by Bassett Creek. The existing use has a no negative impacts on the area. 4. Effect of Use on Traffic in the Area: Generally, clients utilizing the daycare will arrive via bus, reducing the number of trips made to and from the facility. Typically only employees and visitors would arrive by car. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be effected. 6. Increase in Noise Created by Use: Noise impacts created by this proposed facility should not extend beyond the site. Minimal additional noise can be expected by busses transporting clients. 7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be caused by this proposal. 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the existence of pests in anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected (other than signage) with the proposed use. 10.Other Effects of the Use: Staff does not anticipate any other negative effects of the proposed use. Recommended Action: Staff recommends approval of the amended Conditional Use Permit allowing an adult day care center serving up to 265 clients (or an amount specified by the Minnesota Department of Human Services.) The day care facility is to be operated by Legacy Adult Daycare, a subsidiary of DRAM Properties. Leeds Inc. will remain in the building until their lease expires. At that time, the entire building will be converted Legacy Adult Day Care and the offices for Home Health Care Plus, both owned by DRAM Properties. The approval of the amended Conditional Use Permit is subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The "Golden Ballroom" sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to 265 clients, or the amount specified by the Minnesota Department of Human Services and approved by staff. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings must be removed from the site no later than August 1, 2011. 9. An Infiltration and Inflow Inspection and required compliance rehabilitation identified by the inspection must be completed prior to approval of the amended CUP by the City Council. If the rehabilitation cannot be completed by the time of the approval of the amended CUP by the City Council, DRAM Properties may post an escrow (in a form approved by the Director of Public Works) of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time, the City has the right to use the escrow to complete the work. 10. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal and dated May 17, 2011 shall become a part of these requirements. 11. All other applicable local, state and federal requirements shall be met at all times. Staff recommends the following findings for approval of the amended CUP: 1. The proposed expansion of adult day care at this location is consistent with the General Land Use Plan map and zoning for this area. 2. There is an increasing need for adult day care services, especially with the large and growing number of adults in Golden Valley and the metro area over 65 years of age. 3. Legacy Adult Day Care is an experienced provider of adult day care services. 4. The site provides adequate parking, access and amenities for the clients and office uses in the building. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated May 17,`2011(1 page) Project Narrative (1 page) Original Conditional Use Permit 119 (1 page) Site Photos (3 pages) Site Plan (1 page) 1 � J � � 11 + I I i 70�1 Ir»dale St- a I 1 r r Wesk yPark I Knoll St ,. y � y P 1 — , 1 `_— a ®- — OLO Ave N—————D— I m� a � l -T — — — — —— - - - -1OthAveN — - - -�-- - -- - -I- - -{ ' J � [Subjec-t Property IMI / ewfand' I I 7g d i I t�oV "mt3olden Valley Rd — ——— Bolden Valley Rd' state- - - > tat — µ40 X ,! 'Y , ► &- BroOKV16wCommunityCenteF_&��ffCourse 1 ! 1 General Mills Nature Preserve rd'C is kw, I Paid� !..=E a n,r. 201 6®rteria►M►►iae Pond + e ama�a..w�ra•.c�q.�c»scmzons �-.,f 1 '_i St f t Memorandum VV V Fire Department ire Department 763-593-8065/763-593-8098 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Amendment, 800 Boone Avenue North Date: May 17, 2011 1 have reviewed the conditional use permit amendment information packet for the Dram property located at 800 Boone Avenue North. Listed below are the fire department comments for fire life safety requirements. 1. The current fire alarm system located in the proposed adult daycare area shall meet the required fire alarm system and protection in accordance with the Minnesota State Fire Code related to the change of use to the occupancy. 2. The current fire suppression system located in the proposed adult daycare area shall meet the required fire suppression system protection in accordance with the Minnesota State Fire Code related to the change of use to the occupancy. 3. Fire extinguishers shall be installed in accordance with the Minnesota State Fire Code and related to the change of use to the occupancy. 4. The current fire department access road for the building shall be maintained in accordance with the Minnesota State Fire Code. The access road starting from Boone Avenue and throughout the parking lot shall be 20 feet minimum and required turning radius. 5. Serving kitchens shall be constructed and maintained in accordance with Fire Code. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eandersonCaD-ci.goiden-valley.mn.us ea/j1 BUETOW AND ASSOCIATES INC AN ARCHITECTURAL SERVICES COMPANY 2345 Rice Street Sults 210 St. Paul, Minnesota 56113 May 11,2011 Project Description Summary (Revised) RE: Legacy Adult Day Care,Inc. 800 Boone Avenue North Golden Valley,Minnesota 55427 BA Commission Number 1118 Regarding the Owner's Application for an Amended Conditional Use Permit: 1.0 Owner: DRAM Properties,800 Boone Avenue North Suite 150,Golden Valley,MN 55427. 2.0 Existing Site: Occupies 152,000±gross square feet or 3.5 acres. 3.0 Existing Building: `site footprint' is 42,655± gross square feet or approximately 28% of the site area. 4.0 Existing Off-Street Parking Stalls:162 of which 6 are accessible. Those accessible parking stalls have, apparently, been previously approved by the City of Golden Valley as `accessible' in accordance with then current applicable provisions of the Minnesota State Building Code. 5.0 Existing Building Current Utilization: • Legacy Adult Day Care, Inc. occupies 19,185± gross square feet of floor area (45% of the building's floor area)and is located in the north part of the building. • Light Industrial Facility Tenant(Leeds Precision Instruments,Inc.)occupies 23,470±gross square feet of floor area(55%of the building's floor area)and is located in the south part of the building. • Legacy Adult Day Care, Inc. currently is now being approved by the Minnesota Department of Human Services to provide Adult Day Care Services to 166 individuals. 7.0 Proposed Project Description: • Legacy Adult Day Care, Inc., under the auspices of this Amended Conditional Use Permit Application,intends to eventually provide Adult Day Care Services to 270 individuals within the entire confines of the existing building. • Legacy Adult Day Care, Inc., under the auspices of this Amended Conditional Use Permit Application,plans to expand internally and does not plan to add to,modify or materially alter the existing building. • Minimum required off-street parking stall quantity is 54 Stalls (270 Adults being served/5 Stalls per Adult being served).Retain 162 existing stalls to preserve potential future change of use. •Three(3)individual unscreened trash receptacles are present: Owner will provide screening at each existing trash receptacle location with 6-0"high metal chain link fencing with opaque slat inserts and set onto rigid posts restrained by concrete-filled containers. •One(1)parked vehicle did not display Minnesota vehicle license plate: It now has properly affixed vehicle license plate. •Two(2)individual stationary Storage Containers are present: Owner will provide screening at each existing trash receptacle location with 6'-0" high metal chain link fencing with opaque slat inserts and set onto rigid posts restrained by concrete-filled containers. • Area A: Existing Legacy Adult Day Care,Inc.(19,185±gross square feet of floor area). Area B: Expansion of Legacy Adult Day Care,Inc.(23,470±gross square feet of floor area). • Certificate of Inflow & Infiltration Compliance: Owner requests approval to defer the application for this Certificate until the actual expansion of the Adult Day Care operation into the southern portion of this building. A Tenant currently occupies that space. The longevity of that Tenant's occupancy is unknown. Refer also to Site Plan and Floor Plan(Drawing Sheets 1.0 and 2.0 dated May 6,2011). Telephone (651)483-6701 www.buetowanshhects.corn CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. CU-119 Date of Approval: November 20 2007 by the City Council in accordance with Sec. 11.10 Subd. 2 and Section 11.30 of City Code Issued To: Heartland Adult Daycare a subsidiary of DRAM Properties Inc. Approved Location: 800 Boone Avenue North Golden Valley, MN Approved Conditional Use: To allow for an adult daycare center in the Light Industrial zoning district. Conditions of Approval: 1. The site plan prepared by Joseph Buslovich Architects, dated August 22, 2007 shall become a part of this approval. 2. The adult day care shall be limited to 70 clients, or the amount specified by the Minnesota Department of Human Services and approved by staff. 3. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 4. All improvements to the building must meet the City's Building Code requirements. . 5. All signage must meet the requirements of the City's sign code. 8. All necessary licenses must be obtained by the Minnesota Department of Human Services Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All other applicable local, state and federal requirements shall be met at all times. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. Warning: This permit does not exempt you from all other city code provisions, regulations, and ordinances. 41, Issued by: ark Grimes, Director of Planning and Development t. N• t I � gl �! 1 . 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Those present were 'ng Commis oners , Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhause . o pre as Director of Planning and Development Mark Grimes and City Planner Jo boom. 1. Approval of Min May 9, Regular Planning mmission Mee MO y Cera, seconded by Kluchk and motion carried to appro the May 9, 2011 tes as submitted. McCarty abstai d from voting per his absence on May 9. 2. Informal Public Hearing — Conditional Use Permit Amendment— 800 Boone Ave N — CU-119 Amendment#2 Applicant: DRAM Properties (Legacy Adult Daycare Inc.) Purpose: To allow for the expansion of the existing adult daycare use within the same building for property located in the Light Industrial Zoning District. Grimes introduced the applicant and explained that the applicant intends to expand the adult day care facility at 800 Boone Ave. The expansion would allow the facility to eventually hold 265 persons, as per State requirements. Grimes stated that the existing CUP only allows the facility to serve up to 70 clients or the amount that is specified by the State. He stated that the applicant has another adult daycare facility in Golden Valley. The facility on Boone Ave opened in 2007. Grimes explained that one of the tenants in the building, Leeds, Inc, recently vacated 12,500 sq. ft. of space allowing the daycare business to expand. Waldhauser asked if there are immediate plans to accept new clients to the facility. Grimes said that he believed there were not and suggested that the Commission discuss that matter with the applicant. McCarty questioned why an Inflow and Infiltration inspection was required for this current amendment but was not required for the original Conditional Use Permit approval. Grimes stated that policy was not in place at the time of original approval that required Inflow and Infiltration inspections to be completed. McCarty asked Grimes to clarify the inspection process and timeline. Grimes explained that once the records of the inspection are reviewed by the City, the City may request immediate action to correct faults in the sewer line, or it may allow the applicant to deposit escrow funds for later correction. Grimes stated that the matter is handled by the City's Public Works Department and is not a zoning issue. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 2 Kisch questioned how the State determines the maximum number of clients the daycare facility can be licensed for. Grimes stated that the total occupancy load for the building is determined by the State Building Code and that the occupancy load for the daycare facility is determined by the Minnesota Department of Human Services. Grimes explained that building size, number of employees and number of bathroom facilities factor into that decision. McCarty asked if the Conditional Use Permit is valid for the entire building or only the portion currently occupied by Legacy Adult Daycare, Inc. Grimes stated that the current Conditional Use Permit is valid for only the original space occupied by Legacy Adult Daycare, Inc., but the amendment will validate the Conditional Use Permit for the entire building. Kluchka inquired about the need to limit the number of clients in the Conditional Use Permit. Grimes stated that the number of clients could be removed from the Conditional Use Permit, as it is regulated by the Building Code and the Minnesota Department of Human Services. Segelbaum stated that he feels that the total number of clients should not be stated in the Conditional Use Permit. Kluchka asked if there is a need for a designated bus parking area on the site. Grimes stated that the occupant has expressed an interest in creating a drop-off area for busses on the site but that no loading area will be constructed on the street. Kluchka questioned if there is need to address bus storage in the Conditional Use Permit. Grimes stated that he feels that is not necessary and that he has not seen bus parking to be a problem on the site. Randy Engle, architect with Buetow and Associates, Inc., introduced himself and stated that he was hired by the property owner to create plans for the daycare expansion. Engle stated that the occupancy load of the building is determined by the calculation of 35 sq. ft. per client as well as the number of plumbing features on the site. David Olshansky, president of DRAM Properties, Inc., introduced himself and described his business model. He stated that the business serves mostly elderly Southeast Asian immigrants between the hours of roughly 9 am — 3 pm, Monday through Friday. Olshansky stated that the facility currently serves around 70 total clients, but all clients are not typically in the building at the same time, as the daycare service offers frequent client field trips to shopping centers, casinos, the YMCA, and other destinations. Segelbaum asked if there are any logistical concerns of adding more clients to the facility. Olshansky stated that the building can accommodate more people, so he does not anticipate any logistical issues related to the proposed expansion. Olshansky also stated that there are multiple entries into the building, so clients do not have to wait to enter the facility when they are dropped-off. Waldhauser asked if there were any plans with the east end of the property. Olshansky stated that he intends to develop a garden for clients in that location. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 3 Kisch asked if the site frequently holds parties and banquets and if the client load increases would the number of parties also increase. Olshansky estimates that the site holds approximately eight banquets per year, and that he has no plans on increasing the number of banquets at the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka stated that the he supports removing reference to the number of clients served in the Conditional Use Permit language, instead replacing it with language that defers the maximum client load to the Minnesota Department of Human Services. Cera asked if there were any issues or concerns with the banquets that are held on the site. Grimes stated that there have not been any issues because the banquets serve only clients and employees of the business. Grimes stated that banquet facilities that are open to the public are prohibited in the Light Industrial Zoning District. Waldhauser questioned the outside storage facilities and dumpsters on the site and questioned the applicant's plans regarding screening. Grimes stated that the dumpster must be screened, and that he has required that the temporary outside storage facilities be removed from the site by August 1. Kluchka asked for clarification about whether or not the Conditional Use Permit applies to the entire property or just the portion of the property currently occupied by Legacy Adult Daycare. Grimes noted that the Conditional Use Permit amendment will make the permit applicable to the entire property. Kisch asked if another adult daycare business could occupy at the location under the current Conditional Use Permit. Grimes stated that it could. Grimes also stated that the building could be used for other uses permitted in the Light Industrial Zoning District if Legacy Adult Daycare vacated the premises. Segelbaum recited the ten factors in City Code used to determine findings for a Conditional Use Permit. Grimes suggested adding bicycle parking as a requirement to the Conditional Use Permit. The Commission agreed with this suggestion. MOVED by Kluchka, seconded by McCarty and motion carried unanimously to recommend approval of amending Conditional Use Permit CU-119, 800 Boone Ave N., to allow for the adult daycare center to serve a total number clients specified by the Minnesota Department of Human Services subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The Golden Ballroom sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 4 3. The adult day care shall be limited to the amount specified by the Minnesota Department of Human Services, 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings must be removed from the site no later than August 1 2011. 9. An Infiltration and Inflow Inspection and required compliance rehabilitation identified by the inspection must be completed prior to approval of the amended CUP by the City Council. If the rehabilitation cannot be completed by the time of the approval of the amended CUP by the City Council, DRAM Properties may post an escrow in a form approved by the Director of Public Works of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time the City has the right to use the escrow to complete the work. 10. The applicant will provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 11. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. 12. All other applicable local state and federal requirements shall be met at all times. The Planning Commission bases its recommendation on the following findings: • The proposed expansion of adult daycare at this location is consistent with the General Land Use Plan map and zoning for this area. • There is an increasing need for adult daycare services, especially with the large and growing number of adults in Golden Valley and the metro area over 65 years of age. • Legacy Adult Daycare is an experienced provider of adult daycare services. • The site provides adequate parking, access and amenities for the clients and office uses in the building. Informal Public Hearin —Zoning Code Text Am ment— Amending lance-Related Lan age in Section lJoIROOMFninistration of City Code — ZO Applicant: alley Pur p To ame t dards for granting variances due to recent legislati regardin tical difficulties." 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Since opening our facility, we have faithfully achieved each of the 13 Conditions of Approval that accompanied that City Council Action. Our Boone Avenue facility has, since 2011, been utilized as the operational headquarters for several community-wide senior adult care organizations. These organizations include Health Care Plus, Heartland Adult Day Care, Legacy Adult Day Care and related operations. These organizations, as an aggregate employ over 1550 employees and serving over 500 senior adults. The Legacy Adult Daycare Program, for instance, serves Minneapolis and St. Paul area senior residents during daytime and evening hours and is truly their "home-away-from-home". Our facility is also utilized for personal cultural and social events by relatives and friends of these senior citizens who are served by our Adult Daycare Program. Our facility also helps other senior age residents oft - Ve_t_r_o_politan area to host and/or attend social gatherings that are specific to t eir own respective cultural baTroun s in a comfortable, fully-equipped and welcoming venue. Over the years, these gatherings have come to include birthday parties, religious observations, religious confirmations, weddings, family reunions, holiday festivities and retirement parties. Our Boone Avenue facility not only engages our core community, it complements the operations of other establishments in the City of Golden Valley because it offers a unique and beneficial public service. Our ultimate interest is to serve our community without harming anyone else's interests. We have operated our event establishment in a legal, orderly and disciplined manner for a number of years and will continue to do so. Surprisingly, it has come to our attention that evening social events that recently took place on the premises of our 800 Boone Avenue North facility, required the presence of the Golden Valley Police Department. Those social events were hosted either by famil�v mpmhpr--, or by fai& na mbers of seniors who utilize the Legacy Adult Daycare Program. Unexpectedly, the untoward behavior of several o their guests and a singular absence of careful event management did not measure up to the standards of event management that we expect and that were promised to our organization by those respective hosts. For that we sincerely apologize and will work to prevent any reoccurrence. Note that, for purposes of decorum and responsibility, we require event hosts, should they desire to serve alcoholic beverage at their events, to hire a licensed event professional who has a city liquor license as well as special liability insurance. Please also be aware that we have operated the Legacy Adult Daycare Program and have graciously accommodated those cultural and social events for a number of years without any similar type of incident. So, we were truly appalled to learn of the issues that arose during those aforementioned events. Again, please accept our apology for these occurrences and our pledge that they will not be repeated. So, we will take the following steps in order to prevent a repeat occurrence: • We will revise the terms of the code of conduct that is included in the event agreement form that an event Host must review, approve and sign. The current code of conduct includes an agreement by the event Host and the Host's guests to respect persons, properties and the facility. The revised terms will include an agreement by an event Host to be fully responsible for instructions to guests that require such respectful behavior at the event and also that an event Host is responsible for enforcement of the code of conduct for actions of the Host's guests. • We will expect an event Host to agree to comply with this code of conduct and will include it as one of several conditions of the written agreement that an event Host is required to sign in order to utilize our facility. •We will require the event Host to provide on-premises security personnel for the duration of the event. Sincerely id Olshan , President DRAM Proerties 800 Boone Avenue North. Suite 200 Golden Valley, MN 55427 CD 1 cn I f N c v D I CJI ) 001 Cn � � v O O -i ' D N N � ` _0') �1 O W o CD z m CD N - N 00 p � o 00 N � o N00 F 3 � � v � O � N o � ► � c N - N OD cn ca y. ! C t co O W l N 3 � E 0 4 1� 3 i Z CA) N _ W cn : ( y 001 f � Cl) N CD N -� 00 t � �CY) o E - t . J `v cjl CO ` N i f 1cn 4T ro'j C-'4 0 1 a ! I D 00 -4� x ' c � v f a OD m I p f Z ' ->< N £ co _ N CA) CD I co� i v NNI S € f J3x O j � m c O ; Wi Off -D z CD 4h, ~ 1 O o ' fi fi r t 4 cnUl 1 00 -' P I (D � � m v 1 z CD m cfl N $ g fi m v z fi m < CD N ' N C CA) N ► _ f O D cn _ n ♦ � i -" I N _. 00 CD n � v C7 �. a N r v r, y j j` CU NI Cn W � .. � S O C+J d7 m O crm m CD ( G Q E Z CD m 1 V Cn j 00 .i O ! _ � M ! N J °' { i � 1 D 3 N /��� < `M 0 Ul 00 fa G �. CD ch i .. C i Z 1 1 o m 0 I ::3 En 9 E 1-0 , Ni 1 i ( v i -4 ( p I i O l ' C 1 ,.,.. .... j,.......... _ -. .._........ _ e. CD s OC) o Z ' j E m 17 E f ro I CO �. C t � 00 O W 07 cfl N i -n X n v Q cn D' ( C oKj �' D Oi W O ! Cl) c z v CD zr v - n N { -� -- Ln i e m CD c J CD CY)N ; Cil 3 m ❑ Z c- i v rn V �1 O l W -i N C)C cn D N 00 z v D C) v m O N Ul CD ' C n X O O 3 , EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT (the"Agreement"),made as of thi day ofo�e0 7s by and between DRAM Properties ("Ow r"), whose business address is 800 pe Avenue N., Suite 175, Golden Valley, MN 55427, and(,-;2 (the"Renter," and collec ively, the"Parties"). These addryss is y gue , invitees, employees, agents or independent contractors of the Renter shall be included in�s Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space")in the following manner: Chairs _ e included._Kitchen_is_free_for_heating_only._Cooking $300.00, D g_ r_is_$300.00,_ e$2 er jre�'x '. (The "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an a ditional charge, to bedeterminedby Owner. 2. Event Date. The Event shall be held o -e�30 , 20/ 7e"Event Date"),between the hours of1 / Renter shall not have access to the Space at any � time other than g these hours on the Even less Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services")in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property,or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. r! EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT(the "Agreement"),made as of this day of-& , 20J2, is by and between DRAM Properties ("Owner"), whose business address is 800 Boone Avenue N., Suite 175, Golden Valley, MN 55427, and %/,J cr--5 i , (the"Renter," and c tiv the"Parties" . These a dress is es s, ulvi ees, employees, agents or independent contractors of the Renter shall be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space")in the following manner:_Chairs_and_Tabl es_are_included._Kitchen_is_free_for_heating_only._Co oking_$3 00.00, Dancing floor is 00.0 Stage$25.0 per an 1 4'x8'. (The "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the described above space. The License pen-nits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge, to be detennined by Owner. 2. Event Date. The Event shall be held on -I-Z1�7Y JG� , 20/?'(the"Event Date"),between the hours of -, D8 ,f 4and _A9,a_4t_--M. Renter shall not have access to the Space at any time other a ng $f urs on ff-ie Event Date VnIess Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A(the "Additional Services")in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT the"Agreement"),made as of this '/ da4§!!7491 e,;Pis by and between DRAM Properties ("Owner"), whose business address is 00 Boone Avenue N., Suite 175, Golden Valley, MN 55427, and (the"Renter," and collectively, the" arties" . These address ' ly guests, invitees, employees, agents or independent contractors oft enter shall be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space") in the following manner:_Chairs_and_Tables_are_included._Kitchen_is free_for heatin onl _Coo 'n Danci oor is $300.00,_Stage$25.00_per_paanel_4'x8' (The"Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge,to be determined by Owner. 2. Event Date. The F pent shall be held o , 20/X(the"Event Date"),between the hours ofg5Xand — Renter shall not have access to the Space at any time other than du ng these hours n the Event Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A(the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at anytime for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. MW EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT(the "Agreement"), made as of this day is by and between DRAM Properties ("Owner"), w ose Fbineress is 800 Boone ue N., Suite 175, Golden Valley, MN 55427, and , , (the"Renter," andAwflectively t e"Parties,,) nese ad nvitees, employees, agents or independent contractors of t ie Renter shall be iVKcred in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space (the "Space") in the following mann er:_Ch_ _� _ les_are_included._Kitchen_is_free_for_heating_only._Cooking_$300.00, D r is $ 0. ge$25.00 er aanel 4'x8'. (The"Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an a ditional charge, to be detennined by Owner. 2. Event D te. The Event shall be held on , 208(the"Event Date"), between the hours of V and!��-: Renter shall not have access to the Space at any time othe Fthaqnuring these hours on the Ev t Date, unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. ENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES r THIS AGREEMENT (the"Agree a*ea " e as of this day o , 20�,is by and between DRAM Properties ("O �nes�saddtrA,i$ ne Avenue N., Suite 175, Golden Valle MN 55427, and , (the"Renter," and collect' el 'es' eis dA e s, i ees, employees, agents or in ependent contractors of thafR enter shall be invcludIcriMthis Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space") in the following manne •_ ai d_Tables are_included._Kitchen_is_free_for_heating_only._Cooking_$300.00, D g o pis $3 .00 Stage 25.00_pe aanel 4'x8'. (The "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur andditional charge, to be determined by Owner. 2. Event Date. The vent hall be eld o , 20�(the"Event Date"), between the hours o and Renter shall not have access to the Space at any time other than d ng these hours on the E nt Date, unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT 00 FOR 400 DRAM PROPERTIES "�0061 THIS AGREEMENT (the"Agreement"), made as of this / day o is by and between DRAM Properties ("Ow r"), whose business address i 00 Boone Av e N., Suite 175, Golden Valley, MN 55427, and /y , (the"Renter," and collectively, the"Parties" . hese dres Y guests, invitees, employees, agents or independent contractors of the Rent s all be included ii this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the "Space") in the following manner:_Chairs_and_Tables_are_included._Kitchen_is_free_for_heating_only._Cooking_$3 00.00, DarLemy_floor is_$3 00,_Sta -$15.00 per paanel4'x8'. OF (The "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incuran dditionaI charge, to be determined by Owner. 2. Event Date. The vent shall be held on , 20_g(the"Event Date"),between the hours of — /8 and ^ Renter shall not have access to the Space at any time other than du ng these hours on the Event D te, unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. E NT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT(the"Agreement"),made as of this " between DRAM Properties ("Owner"), whose busin ss d1 ess ids day of �' 209, is by and Golden Valley, MN 55427, and oone Avenue N., Suite 175, and collecti ly, the "Part' " , (the"Renter," agents or independent contractors of the Renter shall be included in this Agreeme t'sinvitees, definitemployees, o of Renter. Whereas, Renter wishes to use the following Owner's m space(the"Space")in the following n _ d_Tables_are_included._Kitchen_is free for heatin — Cooking r is $3 .00, Stage$25.00—per�aanel ' g' — — gonl y'— g $30'0.00, l (The "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License")to usethe described above space. The License permits Renter to use the Space only on the Event Date, in during hour � the s specified below, and only for the purposes set forth in this Agreement, unless the Agreement Paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. An non-sanctioned use of such areas may incur an additional charge, to be determined by Owner. y 2. Event Date. Event shall be held on p hours o �y p and /O , 20A (the"Event Date"), between the time other than Renter shall not have access to the Space at any ng these hours on the Ev t Date, unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Sch "Additional Services")in connection with the rental of the Space under this Agreement.edule A (the 4. Right of Entry. Owner shall have the right to enter the Space at any time for anreasonable including any emergency that may threaten damage to Owner's pro ertor in' ynyperon purpose, near the Space. This right includes the right to enter locked storagep y� fury to any person in or areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT (the "Agreement"),made as of this 7?, day , 20/ 420, by and between DRAM Properties ("Owner"), ose business address is 0 Boone Avenue N., Suite 175, Golden Valley, MN 55427, and , (the"Renter," and colle ti ely, the" arties" ese address i y guests, invitees, employees, agents or independent contr ctors of th enter shall e included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the "Space") in the following manner: C _ are_included._Kitchen_is_free_for_heating_only._Cooking_$300.00, D floo $300.00_Stag .00_per_paanel 4'x8'. d _ (The"Event"). In consideration of the mutual promises and covenants contained herein,the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge, to be determined by Owner. 2. Event Date. The vent shall be held on , 20/&(the"Event Date"),between the hours o� xg, and 3' - Renter shall not have access to the Space at any time oth than d ng these hours on the Event ate,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT (the"Agreement"),made as of this day V_Alg4G 1;;ris by and between DRAM Properties ("Owner"), whose busin ss address is 800 Boone Avenue N., Suite 175, Golden Valley, MN 55427, and dx��64�_ (the"Renter," and colleAtively, the"Parties"). These address is �— Tuests, invitees, employees, agents or independent contractors of the Rente shall be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space") in the following manner:_Chairs_and_Tables_are_included._Kitchen_is_free_for_heating_only._Cooking_$3 00.00, D –flor 's $300.00,_Stage$25. O_per_paanel 4'x8'. i (The"Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge, to be determined by Owner. 2. Event Date.. The vent shall be hew on W4 (fAft&Z 201 (the"Event Date"), between the hours of)%", and 2 • $ enter shall not have access to the Space at any time other than du7irg these hours on the Event Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT (the"Agreement"), made as 4as ay ois by and between DRAM Properties ("Ow hose busi 800OooneeAZven N., Suite 175, Golden Valley, MN 55427, an , (the "Renter," and c llecti"ent the s"). Theses is ts, invitees, employees, agents or*in actors o the Renter all e include in this greement's definition of Renter. Whereas, Renter wishes to use the following Owner's space (the"Space") in the following manner:_Chairs_and_Tables_are_included._Kitchen_is_free_for_heating_only._Cooking_$3 00.00, Danci _floor is $30 ,_S $ O_per_pa 1_ 'x8'. oV 61 (The"Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License") to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge,to be Ietermined by Owner. 2. Event ate. T vent shall be held on , 20 (the"Event Date"), between the hours of 0 and 3 ' .., enter shall not have access to the Space at any time oth than rin %WtFe_, uinlifess g these hours on the vent Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES Ole"f�G� THIS AGREEMENT(the"Agreement"),made as of 's day oV4 2012, is by and between DRAM Properties ("Ow " , whose busines d is 13 e Avenue N., Suite 175, Golden Valley, MN 55427, and , (the"Renter," and ollectively, "). Thee addres ests, invitees, employees, agents or independent contractors o e Rentdr sh—allTbe dicluded in 's Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space") in the following manner:_Chairs_and_Tables_are_included. Kitchen_is_free_for_heating_only._Cooking_$300.00, Danci floor is_ 00.0 tage$2 00,,eer_paanel4'x8'._ lzocl (The"Event"). In consideration of the mutual promises and covenants contained herein,the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an add' ion charge be determined by Owner. 2. Event Date. Th vent shall be held on ! tr <<ne"Event Date"),between the hours o anRen not have access to the Space at any w time other ring these hours on the ent Date,u ess ente;Ykeives prior written permission from Owner. ¢ ) 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A(the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT(the"Agreement"),made as of this day of , 20�,is by and between DRAM Properties ("Owner" ose bu 'nes d s is 800 Boo venue N., Suite 175, Golden Valley, MN 55427, and;A , (the"Renter," and t' 1 `Pa ie "). These add ftinguests, invitees, employees, agent or indep ndent contractors of the Renter shall be included in this Agreement's definition of Renter. Whereas,Renter wishes to use the following Owner's space(the "Space") in the following manner:_Chairs and Tables_are_ _Citchen_is_free_for_heating_only._Cooking_$300.00, Dan ' floo$ .0. - e$ 00 era el 4'x8'. (The "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge, to be determined by Owner. 2. Event Date. The vent shall be held on , 20��(the"Event Date"), between the hours of - and ," Renter shall not have access to the Space at any time other than dyGg these hours on the Eveg Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. -� EVENT SPACE RENTAL AGREEMEN FOR DRAM PROPERTIES THIS AGREEMENT(the "Agreement"),made as of this day , 2?_–, is by and between DRAM Properties ("Owne " hose b siness ddress is 80 o venue uite 175, Golden Valley, MN 55427, an J , (the"Renter," and collecti 1 the"Parties"). hese d e Any guests, invitees, employees, agents or independent contractors of the Renter a e included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space") in the following manner:—Chairs and Tables_are_included._Kitchen is free_for_heating_only._Cooking_$300.00, oor_is_$300. 0 $25.00_per paan�8'. d (The"Event"). In consideration of the mutual promises and covenants contained herein,the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited-and revocable license ("License") to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge,to be determined by Owner. 2. Event Date. The Event shall be held on 0 tri ; 7 , 20_(the"Event Date"),between the hours of and . Renter shall not have access to the Space at any time other than during these hours on the Event Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A(the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods,merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR OWOOO DRAM PROPERTIES THIS AGREEMENT the"Agreement"),made as of this day of , 20&is by and between DRAM Properties ("Owne D, who e busi s a dress i ,800 Boone enue N., Suite 175, Golden Valley, MN 55427, and , (the"Renter," and-collectivethe"Parties"). address is guests, invitees, employees, agents or indepen ent contractors of the Renter shall be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space (the"Space") in the following manner:_Chairs_and_Tables_are_included._Kitchen_is_free_for_heating_only._Cooking_$3 00.00, D aanel 4'x8'. (The"Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additioriAl charge, to be determined by Owner. 2. Event Date. The vent shall be held on 20j&(the"Event Date"),between the hours of m ? and3 t017 Renter shall not have access to the Space at any time other than du ' g these hours on the E ent Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods,merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT ava FOR DRAM PROPERTIES THIS AGREEMENT(the"Agreement"),made as of this // day o , 20 jois by and between DRAM Properties ("Ownne'"),whose bus- es address is 800Voone Avenue N., Suite 175, Golden Valley, MN 55427, and,/!G>�s���190% �71a (the"Renter," and collectively,the"Parties"). Tbgse address i Id sts, invitees, employees, agents or independent contractors of the Rent6r shall be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space")in the following manner:_Chairs_and_Tables_are_included._Kitchen_is_free_for_heating_only._Cooking_$3 00.00, Dancin floo s_$300.00,_Stage$25.00 er_paangl 4'x8'. of 00 A (The"Event"). _7 Lao - In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License")to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional charge, to be determined by Owner. 2. Event Date. Th Event shall be held o� !//� , 20 &(the"Event Date"),between the hours of9Quu to /8 and ;3Pr,e'e,, : 8. Renter shall not have access to the Space at any time other than du 'ng these hours on the Evenf Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services")in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR � bRAM PROPERTIES THIS AGREEMENT(the"Agreement"),made as of this X!/day of , 2QIC,is by and between DRAM Properties ("Owner"),whose business address is 800 Boo venue N., Suite 175, Golden Valley,MN 55427, and 21�2i - , (the"Renter," d collectivel the"Parties"). These a dress is Any guests, invitees, employees, agents or independent contractors of th Renter shall be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space (the"Space") in the following manner: Chairs d Tables_are included._Kitchen_is_free_for_heating_only._Cooking_$300.00, Danci _ or ' _ Q0.0 ,_ tage$25.00 er_paanel 4'x8'. (The"Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License")to use the ` described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement, unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur anditio al charge, to be determined by Owner. 01 2. Event ate. Thq Event shall be held on 20/9(the"Event Date"),between the hours - anRenter shall not have access to the Space at any time other than d4ing these hours on the E nt Date,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A (the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. EVENT SPACE RENTAL AGREEMENT FOR DRAM PROPERTIES THIS AGREEMENT(the"Agreement"),made as of this o20day of-2: ," y, is by and between DRAM Properties ("Own "), ose iness address ' 0 Boone Avenue N., Suite 175, Golden Valley, MN 55427, anG , (the"Renter," and collect'v "Parties"). a ddress is y guests, invitees, employees, agents or independent contractors of the Renter all be included in this Agreement's definition of Renter. Whereas, Renter wishes to use the following Owner's space(the"Space") in the following mann er:_Chairs_and_Tables_are_included._Kitchen_i s_free_for_heating_only._Cooking_$3 00.00, Danc'n _floor is_$300.00,_Stage$25.O��er_paanel 4'x8'. r �i (The"Event"). In consideration of the mutual promises and covenants contained herein,the Parties agree as follows: 1. Space Rental. Owner hereby grants to Renter a limited and revocable license ("License") to use the described above space. The License permits Renter to use the Space only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement,unless the Agreement in paragraph 2 below states otherwise. Renter may not use any areas not mentioned in this Agreement. Any non-sanctioned use of such areas may incur an additional c arge,to be determined by Owner. 2. Eventgate. The ent shall be held on 20 tU(the"Event Date"),between the hours of —i Aand Renter shall not have access to the Space at any time other than Jurink these hours on the Ev t ate,unless Renter receives prior written permission from Owner. 3. Additional Services. Owner shall provide to Renter the services set forth in Schedule A(the "Additional Services") in connection with the rental of the Space under this Agreement. 4. Right of Entry. Owner shall have the right to enter the Space at any time for any reasonable purpose, including any emergency that may threaten damage to Owner's property, or injury to any person in or near the Space. This right includes the right to enter locked storage areas and inspect goods, merchandise, or other contents therein. July 30, 2018 David Olshansky DRAM Properties 800 Boone Avenue North, Suite 200 Golden Valley, MN 55427 Re: Violation of Conditional Use Permit Mr. Olshansky: Thank you for providing information regarding the secondary use of your property at 800 Boone Avenue North as a rental facility for cultural and social events by those served by the adult day care program. As we have discussed, recent use of this property has been conducted in a manner that staff finds to be inconsistent with the conditions placed on your adult day care use as approved by the City Council on August 3, 2011. Based on my research of the materials provided for requests for a Zoning Text Amendment in 2009 (to allow catering/banquet facilities in a Light Industrial zoning district) and an amended Conditional Use Permit in 2011 (to expand your adult day care use), it is clear this property was not to be used as a catering or banquet facility for the general public, and was to be limited to the clients and employees of Heartland Adult Day Care. In addition, you pledged that no alcohol would be provided on site without first obtaining the proper liquor license. Finally,the Planning Commission and City Council were told that no more than approximately eight banquets a year would be held at this location. All of these assurances have been broken in recent months. In 2011, a condition of approval was included with your permit that allowed for "occasional evening social functions." Staff finds that this statement appears to provide insufficient guidance as to what types of conduct and in what manner these functions would be found acceptable. Therefore, staff is offering the following clarifications to this condition. If mutually agreed upon, these would be considered to be binding requirements associated with the Conditional Use Permit. If agreement cannot be reached, staff will recommend to the City Manager that the Planning Commission and City Council take up this matter for consideration. The clarifications we are offering to the current conditional use permit are: 1. The hours of normal adult day care operations shall be from 7 am to 5:30 pm. 2. Evening or weekend events may only be booked by clients of Heartland Adult Day Care. These events shall be limited to: birthday parties, religious observations, religious confirmations, weddings, family reunions, holiday festivities, retirement parties, and funerals. Events MAY NOT be booked by employees or others who are not current clients and ARE NOT open to the general public. 1 0(1 763-593 $ 0 763 3 8 3. No alcoholic beverages shall be sold, distributed, or consumed on the property without the responsible party acquiring a liquor license and liability insurance. 4. All events shall conclude by 10 pm. 5. Failure to comply with these requirements shall result in the revocation of the entire Conditional Use Permit governing the adult day care operations on site. If you are amenable to these additional restrictions, please sign and date below and return this form to me at City Hall. If you would prefer to have the Planning Commission and City Council evaluate and modify your existing permit, please let me know so that I can schedule a public hearing at the first available opportunity. You can reach me at (763) 593-8099 or at JZimmerman(a@goldenvalleymn.gov if you have any questions regarding this matter. Fincerely er an Planning Manager I hereby acknowledge and accept these clarifications of my Conditional Use Permit, dated August 3, 2011, and agree to abide by these restrictions for all events held at 800 Boone Avenue North. Date: David Olshansky President, DRAM Properties 2 Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 6. B. Approve Agreements for DeCola Ponds B and C Improvement Project Prepared By Jeff Oliver, City Engineer Eric Eckman, Development and Assets Supervisor Summary On July 3, 2018, the City approved the execution of a grant agreement with the Minnesota Department of Natural Resources (DNR) to help fund the construction of the DeCola Ponds B and C Improvement Project (see location map). The project involves the expansion of flood storage in the DeCola Ponds B and C area that will tie into the City’s recently completed Liberty Crossing Flood Mitigation project. The feasibility study for the DeCola Ponds B and C Improvement Project can be found on the Bassett Creek Watershed Management Commission (BCWMC) website under the ‘Projects’ tab. On August 16, 2018, the BCWMC ordered the DeCola Ponds B and C Improvement Project and directed the City of Golden Valley to construct the project on its behalf. As identified in the Medicine Lake Road & Winnetka Avenue Area Long Term Flood Mitigation Plan, the planning level cost estimate for the project is $4,600,000. The DNR will provide $2,300,000 and the City and its partners will provide a local match of $2,300,000 with the following breakdown: DNR Grant $2,300,000 Local Match $2,300,000 BCWMC $1,600,000 Hennepin County & City of Golden Valley $ 700,000 Total Estimated Project Cost $4,600,000 As with all DNR and BCWMC funded projects, the City will provide the initial funding to get the project underway and will be reimbursed by the DNR and BCWMC on a regular basis as project milestones are reached. The City has provided $500,000 in its 2018 CIP Storm Sewer section (SS- 48) to begin final design of this project. The City solicited a proposal from Barr Engineering Company to assist with final design and construction services for the project. Barr worked with the Cities of Golden Valley, New Hope and Crystal to complete the Medicine Lake Road & Winnetka Avenue Area Long Term Flood Mitigation Plan, the design and construction of the City’s Liberty Crossing Flood Mitigation project, and the Feasibility Study for the DeCola Ponds B and C Improvement Project. Barr’s proposal is for the not to exceed cost of $486,200. Following is the anticipated project schedule: Final design Fall 2018-Spring 2019 Neighborhood engagement Fall 2018-Spring 2019 Bid and Award contract Summer 2019 Construction Fall 2019-Summer 2020 Attachments • Location Map (1 page) • Grant Agreement with the Department of Natural Resources for the DeCola Ponds B and C Improvement Project (7 pages) • Cooperative Agreement with Bassett Creek Watershed Management Commission for DeCola Ponds B and C (6 pages) • Agreement with Barr Engineering Co. for the DeCola Ponds B and C Improvement Project Final Design (12 pages) Recommended Action Motion to approve the Grant Agreement with the Department of Natural Resources for the DeCola Ponds B and C Improvement Project. Motion to approve the Cooperative Agreement with Bassett Creek Watershed Management Commission for DeCola Ponds B and C Improvement Project. Motion to approve the Agreement with Barr Engineering Co. for the DeCola Ponds B and C Improvement Project Final Design. IL JL I --JL JU IT Public Ic r Easement Area Pennsylvania Woods DeCola Ponds B & C Improvement Project Location Map 147299/3000140570 STATE OF MINNESOTA GENERAL OBLIGATION BOND GRANT CONTRACT WITH THE CITY OF GOLDEN VALLEY FOR A FLOOD RISK REDUCTION PROJECT This grant contract is between the State of Minnesota,acting through its Commissioner of Natural Resources, ("State")and the City of Golden Valley, 7800 Golden Valley Road,Golden Valley,Minnesota,55427("Grantee"). Recitals 1. Under Minnesota. Statutes, Section 103F.161, Subdivision 1,the State is empowered to enter into this grant agreement. 2. The State agrees that reducing flood damage potential to public and private infrastructure is in the interest of the State. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minnesota Statutes §16B.98 Subdivision 1,the Grantee agrees to minimize administrative costs as a condition of this grant contract. 4. The Grantee attests it has the financial capacity to provide any required local match for the project or phase funded under the terms of this grant contract, and agrees to complete the project or phase if the cost of the project or phase exceeds the amount of state funding and required local match. 5. The monies allocated to fund the grant to the Grantee are proceeds of state general obligation(G.O.)bonds authorized to be issued under Article XI, § 5(a)of the Minnesota Constitution;and 6. The Grantee's receipt and use of the G.O. Grant to acquire an ownership interest in and/or improve real property(the"Real Property")and, if applicable,structures situated thereon(the"Facility")will cause the Public Entity's ownership interest in all of such real property and structures to become"state bond financed property",as such term is used in Minn. Stat. § 16A.695 (the"G.O.Compliance Legislation")and in that certain"Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property"executed by the Commissioner of Minnesota Management and Budget and dated July 30,2012,as amended(the"Commissioner's Order"),even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. Grant Contract 1 Term of Grant Contract 1.1 Effective date: September 15,2018,or the date the State obtains all required signatures under Minnesota Statutes §16C.05,subdivision 2,whichever is later. 1.2 Expiration date: December 31,2019,or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.Liability;9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law,Jurisdiction,and Venue;and 16. Data Disclosure. 2 Grantee's Duties The Grantee,who is not a state employee,will be responsible for: Engineering, design, acquisition of right-of-way, and construction of a community flood risk reduction project referred to as De Cola Ponds B and C Expansion&Pennsylvania Woods Flood Mitigation Projects, as described in the Medicine Lake Road and Winnetka Avenue Area Long—Term Flood Mitigation Plan dated May 31,2016,and the Grantee's application for state funding assistance dated December 29,2016. Property acquired or bettered by the Grantee shall remain in permanent public ownership. The Grantee agrees that the land shall be used only for public purposes compatible with open space, recreational, or wetlands or stormwater management practices per adopted State and local floodplain and shoreland management ordinances. 147299/3000140570 All project expenses not identified as being related to work outlined above, or as subsequently amended in this agreement,must be approved by the State in writingrip or to the Grantee incurring said expense. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract,time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will reimburse for all eligible services performed by the Grantee under this grant contract as follows: (a) Compensation. The Grantee will be reimbursed 50%for eligible project expenses,not to exceed $2,300,000.00. Grantee must provide a match equal to the State's contribution. (b) Travel Expenses. Reimbursement for eligible project-related travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will be reimbursed in the same manner and in no greater amount than provided in the current "Commissioner's Plan"promulgated by the Commissioner of Minnesota Management and Budget(MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Eligible Expenses. Eligible expenses are those costs directly incurred by the Grantee that are solely related to and necessary for producing the work products described in Provision 2 of this Agreement. Eligible costs may include the following: advertising costs for bids and proposals; capital expenditures for facilities, equipment and other capital assets as expressly approved by the State;materials and supplies;architectural and engineering services; construction management and inspection services;surveys and soil borings;attorney fees solely related and necessary to accomplish the Project, as determined by the State and actual construction of the Project. Certain other types of costs may be eligible provided that they are(1)directly incurred by the Grantee;(2) are solely related to,and necessary for,producing the work products described in Provision 2;and(3)have prior written approval of the State. Any cost not defined as an eligible cost or not included in the Project Plan shall not be paid from State funds committed to the Project. (d) Ineligible Expenses. Non-eligible costs for reimbursement means all costs not defined as eligible costs, including but not limited to the following: Any costs incurred before the effective date of this Grant; fund raising;taxes, except sales tax on goods and services;insurance,except title insurance;attorney fees not necessary to accomplish the project;loans, grants, or subsidies to persons or entities for development; financing; bad debts or contingency funds; interest; operation and maintenance costs; options for acquisition of real estate; lobbyists; and political contributions. 4.2.Payment Invoices. To obtain reimbursement for eligible costs under this Grant,the Grantee shall provide the State with invoices and evidence that the portion of the Project for which payment is requested has been satisfactorily completed. All invoices shall be sent to the person designated in Section 6. Grantee shall submit invoices and evidence that the required contribution toward any required local match are being met. Invoices will be submitted for the amount and should differentiate,when applicable,between the Federal and Non-Federal Project costs,as well as the State and local share of the Project costs. Invoices must be received by the State within thirty(30)days after the completion of the Project or the expiration of this Grant as set forth in Section 1.2, whichever occurs first. Invoices received after that date may not be eligible for reimbursement, at the State's discretion. The State's authorized agent has final authority for 2 147299/3000140570 acceptance of Grantee's services, determination as to whether the expenditures are eligible for reimbursement under this Grant, and verification of the total amount requested. The Grantee shall not receive payment for work found by the State to be unsatisfactory,or performed in violation of federal,state or local law, ordinance,rule or regulation. At its discretion,the State may retain 10%of the total grant award until the State has determined that the Grantee has satisfactorily fulfilled all of the terms of this Grant. If requested by the State,the Grantee shall arrange for a tour of the Project area prior to release of the final ten(10)percent of the funds. Invoices must be submitted timely and according to the following schedule: It is required that invoices be submitted,at a minimum,at the close of each state fiscal year which is July 1 —June 30. If expenses are extensive, reimbursement requests may be submitted monthly or quarterly. Please itemize the eligible expenses by the month of occurrence, not liquidation. If invoices are not received in this format, it could delay receipt of payment. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws,ordinances,rules,and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state,or local law. 6 Authorized Representative The State's Authorized Representative is Patrick Lynch,Floodplain Hydrologist,Department of Natural Resources, 500 Lafayette Road,St.Paul,Minnesota,55155,651-259-5691,pat.lynchp_state.mn.us,or his/her successor,and has the responsibility to monitor the Grantee's performance and the authority to accept or reject the services provided under this grant contract. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Jeff Oliver,City Engineer,City of Golden Valley,7800 Golden Valley Road,Golden Valley,Minnesota 55427,763-593-8035 ioliver(2goldenvalleymn.gov. Ifthe Grantee's Authorized Representative changes at any time during this grant contract,the Grantee must immediately notify the State. 7 Assignment,Amendments,Waiver,and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract,whether written or oral,may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action,including attorney's fees incurred by the State,arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 3 147299/3000140570 9 State Audits Under Minn. Stat. §1613.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports,or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act,Minn. Stat.Ch. 13,as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received,stored,used,maintained,or disseminated by the Grantee under this grant contract.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 11 Prevailing Wages Grantee agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435,as they may be amended, modified or replaced from time to time with respect to the Project. 12 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers'Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 13 Publicity and Endorsement 13.1 Acknowledgments. The Grantee agrees to acknowledge the State's financial support for the Project. Any statement, press release, bid, solicitation, or other document issued describing the Project shall provide information reflecting that State funds were used to support the Project and will contain the following language: This Project is made possible in part by a grant provided by the Minnesota Department of Natural Resources, through an appropriation by the Minnesota State Legislature. Any site developed or improved by the Project shall display a sign, in a form approved by the State, stating the same information. 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 14 Governing Law,Jurisdiction,and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 4 147299/3000140570 15 Termination 15.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination,the Grantee will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed. 15.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract,that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 16 Data Disclosure Under Minn. Stat. §270C.65, Subd. 3,and other applicable law,the Grantee consents to disclosure of its social security number,federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities,if any. 17 Preservation of Tax Exempt Status In order to preserve the tax-exempt status of the G.O.Bonds,the Grantee agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the G.O. Grant or any other sums treated as"bond proceeds"under Section 148 of the Code including"investment proceeds,""invested sinking funds," and "replacement proceeds,"in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds"under Section 148 of the Code. B. It will,upon written request,provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including,but not limited to,Sections 103 and 148 thereof, with respect to the G.O.Bonds. C. It will, upon the occurrence of any act or omission by the Grantee or any Counterparty that could cause the interest on the G.O.Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB,take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O.Bonds is exempt from federal taxation,which such action may include either:(i)compliance with proceedings intended to classify the G.O.Bonds as a"qualified bond"within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or(iii)changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O.Bonds will be used,directly or indirectly,in an"unrelated trade or business"or for any"private business use"(within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. D. It will not otherwise use any of the G.O.Grant,including earnings thereon,if any,or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds,nor omit to take any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. 5 147299/3000140570 18 Use of State Bond-Financed Property, Deed Restrictions, and Real Estate Declarations "State bond-financed property"means property acquired or bettered in whole or in part with the proceeds of state general obligation bonds authorized to be issued under article XI, section 5, clause (a), of the Minnesota Constitution. Use of State bond- financed property must be operated in compliance with the provisions of Minnesota Statutes chapter 16A.695,all state and federal laws,and in a manner that will not cause the interest on the state general obligation bonds to be or become subject to federal income taxation for any reason. Upon acquisition or betterment of any land and or structures using these grant funds, Grantee shall record pennanent deed restrictions requiring any new or future public structures on the parcels to be in strict conformance with adopted floodplain and shoreland standards. Grantee shall record a declaration for real estate rights acquired or property bettered under this Agreement. The declaration must acknowledge the property rights or betterments were acquired in whole or in part with State general obligation bond funds and subject to the encumbrance created and requirements imposed by Minnesota Stat.Sec. 16A. Grantee shall submit a copy of the recorded real estate declaration for real estate acquired or bettered under this Grant to the State's Authorized Agent using the form in Attachment A of this Grant or on an alternative form pre-approved by the State. Proof of recordation of the deed restrictions and declaration for each property acquired or bettered under the terms of this Agreement must be submitted to the State's authorized agent within 60 days of acquisition or betterment, and before final payment is made by the State to the Grantee. 19 Invasive Species The DNR requires active steps to prevent or limit the introduction,establishment,and spread of invasive species during contracted work. The contractor shall take measures to prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds)or animals, it shall be cleaned by contractor furnished tool or equipment(brush/broom,compressed air or pressure washer)at the staging area.The contractor shall dispose of material cleaned from equipment and clothing at a location determined by the DNR Contract Administrator. If the material cannot be disposed of onsite,secure material prior to transport(sealed container, covered truck, or wrap with tarp)and legally dispose of offsite. 20 Jobs Reporting Pursuant to Minnesota Statutes 16A.633, subd. 4, the Grantee shall collect, maintain and, upon completion of the project, provide the information to the State on forms provided by the State. The information must include the number and types of jobs created by the project, whether the jobs are new or retained,where the jobs are located, and pay ranges of the jobs. 21 Construction Contract Language on Jobs Reporting The Contractor is hereby advised that this Project is funded all or in part by state bond funds and subject to the reporting requirements of Minnesota Statute 16A.633, Subdivision 4 (MN Laws of 2012 Chapter 293, Section 28). 22 Permits,Approvals and Environmental Review This grant does not constitute State approval of the project or phase funded under this agreement,and neither negates nor precludes any mandatory environmental review or permitting requirements that may apply to the project or phase. Grantee may not commence construction until all necessary permits and approvals have been obtained and the requirements of Minnesota Rules,Chapter 4410 have been satisfied. 6 147299/3000140570 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as Individual cerNfes the applicable provisions of Minn.Star. required by Minn.Stat§§l6A.15 and 16C.05. §16C.08,subdivisions 2 and 3 are reaffirmed. Signed: By: (with delegated authority) Date: 9/5/2018 Title SWIFT Contract/PO No(s). 147299/3000140570 Date: 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles,bylaws,resolutions,or ordinances. By: Title: Date: By: Title: Distribution: Date: Agency Grantee State's Authorized Representative-Photo Copy 7 COOPERATIVE AGREEMENT (Medicine Lake Rd and Winnetka Ave Long Term Flood Mitigation Plan Project,DeCola Ponds B & C Improvement Project, BC-2, 3, 8) This Cooperative Agreement("Agreement") is made as of this 16'x'day of August, 2018 by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization ("Commission"), and the City of Golden Valley, a Minnesota municipal corporation("City"). The Commission and the City may hereinafter be referred to individually as a "party"or collectively as the"parties." RECITALS A. The Commission adopted the Bassett Creek Watershed Management Commission Watershed Management Plan on September 17, 2015 ("Plan"), a watershed management plan within the meaning of Minnesota Statutes, section 10313.231. B. The Plan includes a capital improvement program (CIP) that lists a number of capital improvements including the Medicine Lake Rd and Winnetka Ave Long Term Flood Mitigation Plan ("MLRWA Plan"), which includes the DeCola Ponds B & C Improvement Project ("Project"). C. The proposed Project is in the City of Golden Valley and will be designed and constructed as described in the feasibility report for the Project prepared by Barr Engineering Co.entitled DeCola Ponds B and C Improvement Project Feasibility Study dated May 2018 ("Feasibility Report"), which is attached hereto as Exhibit A. The Project will consist of the work identified as Concept 3 in the Feasibility Report, in addition to direction :from the Commission that, within available funds,creation of additional flood storage should be explored as part of final design. D. The estimated planning level point opinion of cost of the Project, including design and construction, is $3.8 million. The planning level cost estimate for the Project in the MLRWA Plan is$4.6 million. E. The Plan specifies that the Project will be partially funded,up to$1.6 million,by the Commission. F. On August 16,2018,the Commission adopted a resolution ordering the Project and directing that it be constructed by the City. G. The first portion of Project costs were certified to Hennepin County, which will levy taxes throughout the watershed for the Project costs in 2018 for collection and settlement in 2019, and the Commission intends to certify the remaining portion of Project costs to Hennepin County in 2019 for collection and settlement in 2020. H. The City is willing to construct the Project in accordance with the terms and conditions hereinafter set forth. 1 AGREEMENT In consideration of the mutual covenants and agreements hereinafter set forth, and intending to be legally bound,the parties hereby agree as follows: 1. Project. The Project will consist of the work identified as Concept 3 in Section 5.1.3 of the Feasibility Report,plus appendices,which includes installing a box culvert that will connect the Liberty Crossing flood storage features to the expanded storage in the Dover Hills and DeCola Ponds B and C areas; constructing a sediment forebay in the existing Dover Hills area; lowering the normal water level(NWL)of DeCola Ponds A,B,and C to provide additional flood mitigation volume without requiring excavation; modifying the DeCola Pond C outlet structure and overflow; and restoring 1.0 acres of upland and 1.7 acres of wetland habitat. Stormwater- management or nutrient-reduction capacity created by the Project, if any,may be utilized by the City in accounting for compliance with federal and/or state regulatory obligations, but may not be utilized to comply with regulatory requirements imposed by or on behalf of the Commission. The City will determine, at its cost, available credit from the Project. The Commission makes no representation or warranty as to credit that will be available from, or results that will be achieved by, the Project. 2. Condition of Commission Funding. A condition precedent of the Commission's obligations under this Agreement is that the City receives funding from other sources as needed to fully fund the portion of the Project costs not being reimbursed by the Commission under this Agreement. The City shall provide such documentation to the Commission as may reasonably be needed to demonstrate that the additional funding has been secured before the Commission will take any actions in furtherance of this Agreement or make any reimbursement payments. 3. Design and Plans. The City will design the Project and prepare plans and specifications for construction of the Project. The 50%and 90%plans and specifications,and any changes to such plans and specifications,shall be submitted to the Commission for approval. Minor change orders that do not materially change either the effectiveness of the Project to meet its intended purposes or the environmental impacts of the Project may be approved by the City without requiring approvals by the Commission. 4. Contract Administration. The City will advertise for bids and award contracts in accordance with the requirements of applicable law. The City will award the contract and supervise and administer the construction of the Project to ensure that it is completed in accordance with the approved plans and specifications. The contract may only be let to a responsible contractor in accordance with Minnesota Statutes, section 16C.285 and the City will require the contractor to provide all payment and performance bonds required by law. The City will require the Contractor to name the Commission as additional insured on all liability policies required by the City of the contractor and the Commission shall be given the same notification of cancellation or non-renewal as is given to the City. The City will require the contractor to defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from negligent acts, errors or omissions of the contractor. The City will supervise the work of the contractor. However,the Commission may observe and review the work of the 2 Project until it is completed. The City will display a sign at the construction site stating"Paid for by the Taxpayers of the Bassett Creek Watershed." 5. Contract Payrnents. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 6. Commission Reimbursement. The Commission will use its best efforts to secure payment from the County in accordance with Minnesota Statutes, section 103B.251 in the amount of One Million Thirty One Thousand Five Hundred Dollars ($1,031,500) by tax levy in 2018 for collection in 2019 and Five Hundred Thousand ($500,000) by tax levy in 2019 for collection in 2020. An additional Sixty Eight Thousand Five Hundred Dollars($68,500)is anticipated to come from a state grant to the Commission. The total reunbursement paid by the Commission to the City for the Project will not exceed One Million Six Hundred Thousand Dollars ($1,600,000), less Commission expenses. Out-of-pocket costs incurred and paid by the Commission related to the Project including,but not limited to,feasibility studies,publication of notices,securing County tax levy, preparation of contracts, review of engineering designs, review of proposed contract documents, grant application development, grant administration, administration of this contract, and up to a 2.5% administrative charge, not to exceed actual expenses, shall be repaid from the amount specified above from funds received in the tax settlement from Hennepin County. All such levied funds in excess of such expenses plus the full $68,500 in grant funds, to the extent such funds are actually received,shall be available for reimbursement to the City for costs incurred by the City in the design and construction of the Project. Reimbursement to the City will be made as soon as funds are available, provided a request for payment has been received from the City that contains such detailed information as may be requested by the Commission to substantiate costs and expenses. The City shall complete and submit with its final reimbursement request to the Commission a final report on the Project using the Commission's final reporting form and providing such other information as may be requested by the Commission. 7. Limits on Reimbursement. Reimbursement to the City will not exceed the amount specified above from the amount received from the County and State grant for the Project,less any amounts retained by the Commission for Commission expenses. Reimbursement will not be increased by other grants or revenues received by the Commission for the Project. Reimbursement will not exceed the costs and expenses incurred by the City for the Project, less any amounts the City receives for the Project as grants from other sources. All costs of the Project incurred by the City in excess of such reimbursement, shall be borne by the City or secured by the City from other sources. 8. Audit. All City books,records, documents,and accounting procedures related to the Project are subject to examination by the Commission and either the State Auditor or the Legislative Auditor for at least six years after completion of the Project. 9. Environmental Review. The City will perform all necessary investigations of site contamination and secure all necessary local,state,or federal permits required for the construction of the Project and will not proceed with the Project until any required environmental review and remediation of site contamination is completed or a plan for remediation is approved by appropriate regulatory agencies. 3 10. Ongoing Maintenance. Upon completion of the Project, the City shall be responsible for its ongoing maintenance. The City agrees to perform, at its cost, such maintenance as may be required to sustain the proper functioning of the improvements constructed as part of the Project for their useful life. 11. Data Practices. The City shall retain and make available data related to the letting of contracts and construction of the Project in accordance with the Minnesota Government Data Practices Act. 12. Term. This Agreement shall be in effect as of the date first written above and shall terminate once the Project is completed and the Commission has completed its reimbursement payments to the City as provided herein. 13. Entire Agreement. The above recitals and the exhibits attached hereto are incorporated in and made part of this Agreement. This Agreement contains the entire understanding between the parties regarding this matter and no amendments or other modifications of its terms are valid unless reduced to writing and signed by both parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. BASSETT CREEK WATERSHED MANAGEMENT COMMISSION By: is Chair And by: Its Secre Date: 4 CITY OF GOLDEN VALLEY By: Its Mayor And by: Its City Manager Date: 5 EXHIBIT A Feasibility Report [attached hereto] 6 resourceful. naturally. BARB engineering and environmental consultants 9/12/2018 Mr.Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Agreement for the DeCola Ponds B & C Improvement Project Final Design Dear Mr. Oliver: Thank you for the opportunity to continue providing professional engineering services to the City. We will do our best to justify your expression of confidence in us. This letter,together with our Standard Terms(attached), sets forth the Agreement between the City of Golden Valley and Barr Engineering Company regarding the final design work for the flood mitigation and improvement project at DeCola Ponds B & C.This project is a critical component of the flood mitigation alternatives identified in the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan (MLRWA plan; Barr, 2016. This letter presents the scope of professional consulting services we will provide for your project, including the proposed work tasks, the cost estimate, and the schedule for the completion of the proposed work. This scope builds off of the DeCola Ponds B and C improvement project feasibility study completed for the Bassett Creek Watershed Management Commission (BCWMC; Barr, 2018) Introduction The following is our proposed approach for the final design, engineering, and permitting work to be completed for the flood mitigation and improvement project at DeCola Ponds B and C, along with the construction administration and oversight effort. The project area is located south of Medicine Lake Road and east of Winnetka Avenue around a portion of DeCola Ponds B and C in the City's Pennsylvania Woods Nature Area and on a portion of property owned by the Dover Hill Apartments LLC, where the city has been granted a drainage and utility easement for the project. The MLRWA plan completed by the Cities of Golden Valley, New Hope, and Crystal, identified the project area as a critical location for flood volume storage and will be connected to the Liberty Crossing flood mitigation project completed by the City of Golden Valley in 2017. The proposed tasks build on work completed during the Liberty Crossing project and the BCWMC feasibility study. Barr Engineering Co. 4300 MarketPointe Drive,Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Mr.Jeff Oliver,PE 9/12/2018 Page 2 Proposed Work Tasks Task 1: Topographic&Utility Survey&Soil Borings For the DeCola Pond B and C improvement project design, we plan to utilize the bathymetric survey data collected in 2015 as part of the Liberty Crossing project and the topographic and utility survey data collected as part of the BCWMC feasibility study which also included survey of trees greater than four inches in diameter(including species identification). Task 1 will include additional topographic and utility survey in a few select areas including: • The area between DeCola Ponds C and D including the overflow between the ponds and on the private properties that will be impacted by replacing the outlet structure and the raising of the overflow between DeCola Ponds C and D. This includes survey on portions of the properties at 2155 Kelly Drive, 2145 Kelly Drive, and 2240 Pennsylvania Avenue. • The area that will be impacted by the installation of the box culvert that will connect the Liberty Crossing surface basin to the expanded storage around DeCola Ponds B and C. This will confirm the as-built conditions through this area and will locate public and private utilities that were relocated as part of the Liberty Crossing project. We will utilize Gopher State One Call to locate utilities. The existing conditions basemap that will be used for final design will be developed in NAVD88. In addition to the survey,we anticipate needing to collect up to three(3) additional soil borings(each up to 30 feet deep) at locations to be determined to help characterize the soils for the contractors during the bidding process. Assumptions: As-built for new MCES forcemain will be available; City of Golden Valley Staff will send letters to private property owners regarding additional topographic and utility survey Deliverables: A base map of existing conditions utilities, topography, bathymetry, and trees greater than 4 inches in diameter for the project area around DeCola Ponds B and C in NAVD88; Soil boring logs/characterization for up to three (3) boring locations Task 2: Development of Final Construction Plans and Specs Task 2 will include the development of the final construction plans and technical specifications for the DeCola Ponds B and C improvement project. We plan to utilize the standard specifications from the City of Golden Valley(as applicable) and incorporate special provisions as necessary. Our design scope will focus on the following: • The expanded surface flood mitigation storage and water quality treatment volume around and within DeCola Ponds B and C, • The box culvert connection to the Liberty Crossing flood mitigation project and modifications to the existing storm sewer, Mr.Jeff Oliver,PE 9/12/2018 Page 3 • The development of the pretreatment pond on the Dover Hill property north of DeCola Pond B, • The removal of the accumulated sediment in DeCola Pond B, • The modifications to the DeCola Pond C outlet structure and raising of the overflow between DeCola Ponds C and D, • Minimizing tree removal to the extent possible, • Erosion and sediment control and stormwater pollution prevention plan (SWPPP), • Vegetation restoration and enhancement, and • Other park-related improvements including the replacing/relocating of pedestrian trails, replacing/incorporating benches, overlooks and signage, and other landscape and habitat features. Through the design process,we assume monthly team meetings with key city staff(up to eight(8) meetings). Additionally,we plan to develop the construction plans and will provide for review and comment by City of Golden Valley staff at 50%and 90%completion (as required by the BCWMC). We assume design review will include the city engineer and other public works staff, the parks and recreation director, parks maintenance supervisor, and the utilities supervisor. This task includes up to two (2) design review meetings with City of Golden Valley staff at Golden Valley City Hall including review and comment on the 50% and 90% design plans. Engineering opinions of probable cost will be developed at 50%, 90%, and 100%design. This task also includes 50%and 90%design summary and presentation to the BCWMC Board of Commissioners and one (1) presentation to the Golden Valley City Council. Technical specifications will be developed for the project in this task. Barr will utilize the City of Golden Valley standard specifications(as applicable) and incorporate special provisions as necessary. The specifications will also address environmental management issues, including development of contaminated soil specification topics and unit pricing in support of the project. The specifications will include topics for Contractor safety, contaminated soil management, and unit pricing for management of contaminated soil disposal and off-site reuse of clean soil. This task will also include the development of a long-term operation and maintenance plan for the flood mitigation project, outlining maintenance activities and schedule based on the final design. Assumptions: We will utilize standard specifications used by the City of Golden Valley(as applicable); Meetings with City staff will be held at Golden Valley City Hall Deliverables: 50%design plan set, 90%design plan set, final construction plan set and technical specifications documents; Up to eight(8) monthly team meetings;Two(2) design review meetings;Two (2) summary presentations to the BCWMC commissioners;One(1) presentation to the Golden Valley City Council;One(1) operation and maintenance plan Task 3: Hydrologic and Hydraulic and Water Quality Modeling Task 3 will include the hydrologic and hydraulic(H&H) and water quality modeling of the proposed design. We will perform the modeling using the XP-SWMM and P8 models developed for the BCWMC Mr.Jeff Oliver,PE 9/12/2018 Page 4 DeCola Ponds B and C feasibility study to quantify the impact on the proposed design on flood elevations and on pollutant/nutrient reductions, respectively. Because this project is in a series of(future) projects intended to mitigate/improve the regional flooding issue around the low point on Medicine Lake Road and the downstream DeCola ponds,the XP-SWMM model will be used to evaluate the performance of the proposed system and verify that the design will not increase flooding in any of the DeCola Ponds (A-F). The model will evaluate the impact of the flood mitigation project for the Atlas 14 2-yr, 10-year and 100-year, 24-hour design storm events. The P8 model will be used to quantify the estimated pollutant load reductions resulting from the project, focusing on total phosphorus and total suspended solids. A technical memo will be developed summarizing the results of the XP-SWMM and P8 models based on the final design. Assumptions: Utilize the BCWMC feasibility study XP-SWMM model to evaluate the Atlas 14 2-yr, 10-yr, and 100-year, 24-hour design storm event; Utilize the BCWMC feasibility study P8 model to quantify pollutant load reduction Deliverables: XP-SWMM and P8 models of the system final design; One (1)technical memo summarizing the modeling results Task 4: Environmental Review and Permitting For Task 4, Barr will perform the necessary environmental review and permitting activities for the DeCola Pond B and C improvement project. Much of the field work for this project has been completed as part of the Liberty Crossing project and the more recent BCWMC feasibility study. These completed efforts included: • Sediment sampling and bathymetric survey, 2015 • Phase II Site Investigation and Response Action Plan (RAP), 2015, amended 2018 • Topographic, Utility, and Tree Survey, 2017 • Wetland Delineations, 2015, expanded and approved 2017 • Cultural Resource desktop review, 2017 • Minnesota Department of Natural Resources (MnDNR) Ordinary High Water Level (OHWL) determination, 2018 Based on the concepts developed and the agency meetings that were held during the feasibility study,we anticipate the following environmental review and permits/approvals will be required before construction can begin: • Environmental Assessment Worksheet(EAW) per Minnesota Environmental Quality Board (EQB) rules • Clean Water Act Section 404 Permit from the U.S.Army Corps of Engineers • Public Waters Work Permit from the MnDNR Mr.Jeff Oliver,PE 9/12/2018 Page 5 • Section 401 Water Quality Certification from the Minnesota Pollution Control Agency(MPCA) • Construction Stormwater General Permit from the MPCA(responsibility of the contractor) • Compliance with the MPCA's guidance for managing dredged material • Compliance with the MPCA's guidance for managing contaminated material and debris containing fill • Compliance with the Minnesota Wetland Conservation Act • City of Golden Valley Right-of-Way(ROW) Permit (no fee) • City of Golden Valley Stormwater Permit(no fee) The EAW process typically begins at 30%design and typically takes four(4) months to move through the process; however,we have assumed that we can begin developing the EAW based on the concept developed through the feasibility study.The permitting process will commence at the conclusion of the EAW process or upon completion of at least 50%design,whichever is later. The permitting process is anticipated to take approximately six(6) months to complete. The estimated budget includes payment of anticipated permit fees. Assumptions: The City will review the EAW and provide one consolidated set of comments on the pre-arranged timeline. Once submitted to the RGU contact, one additional round of EAW edits will be undertaken before the RGU issues a determination of completeness. Barr will assist the City with the EAW process, including: publish notice of availability in the EQB Monitor, facilitate EAW distribution, publish news ad(s) announcing EAW availability, respond to public comments, develop the Finding of Facts/Record of Decision, and distribute decision notices. Barr will attend up to one(1) public hearing associated with the EAW(this public hearing is optional but we have assumed that the City will want to conduct the public hearing). The threatened and endangered species review completed for the project in 2017 has expired and will be re-evaluated as part of the EAW process and in support of permitting. Current databases will be reviewed, but no changes are anticipated to the previously developed memo. Impacts below the ordinary high water mark will exceed 0.5 acres; as such, an Individual Section 404 Permit will be required, along with a separate Section 401 water quality certification process. The City will designate Barr as its agent for permitting, as applicable, allowing Barr to coordinate with regulatory agencies directly as questions arise. Deliverables: One (1) EAW;One(1) Finding of Facts/Record of Decision document;One(1) updated technical memo regarding the threatened and endangered species re-evaluation; One(1) EAW Public Hearing Meeting;One(1) permit application package for all referenced permits Mr.Jeff Oliver,PE 9/12/2018 Page 6 Task S: Public Meetings In an effort to keep open lines of communications with the residents around DeCola Ponds following the BCWMC feasibility study, Task 5 includes preparing for and attending up to two (2) public outreach/open house style meetings about DeCola Ponds B and C improvement project design, including the impacts on the regional flooding around Medicine Lake Road and DeCola Ponds. The goal will be to hold one meeting earlier in the design process(30-50% design) and the second meeting later in the design process (-90%design). Task 5 also assumes we will attend up to three(3) smaller meetings with residents, as needed. Assumptions: City staff will coordinate the public outreach meetings and EAW public hearing (if requested); Public outreach meetings and EAW public hearing will be held at Golden Valley City Hall or Brookview Community Center; Smaller meetings may be held at the project site, at Golden Valley City Hall, or at Brookview Community Center Deliverables: Two (2) public outreach meetings; Up to three(3) smaller meetings with residents Task 6: Bidding, Construction Administration, and Construction&Environmental Oversight Based on our conversations with city staff, we have assumed the contract documents will be developed as two separate bid packages. The first bid package will include all work related to excavation, infrastructure, trails, and other park-related improvements. The second bid package will be in relation to the site restoration including preparation, seeding, plantings, and vegetation establishment over three growing seasons. In Task 5,we will develop the two sets of bid documents using the standard City of Golden Valley front end documents (to be provided by the City), prepare the advertisement for bid and attend up to three(3) bidding coordination meetings with City staff and attend up to two (2) pre-bid meetings.We have assumed these meetings will be held at Golden Valley City Hall.We have assumed that City staff will be leading the two bid openings (assumes Barr will not attend) and will be compiling and reviewing the submitted bids. However, we have assumed that we will be available to answer questions during the bidding and bid review period. We have assumed that city staff will be leading the contract administration and project management during construction including day-to-day interaction with the contractor and residents, managing pay requests, and change orders. However, Barr will attend one(1) preconstruction meeting, perform construction staking and construction oversight(assuming a construction duration of up to 3-3.5 months (-70 working days)). Construction oversight will include general, environmental, and restoration oversight during the construction process and during the warranty period (see further discussion below). Additionally,we have included time to provide general construction assistance which includes construction engineering, requests for information, review of pay applications and/or change orders, and other tasks that come up during construction. Similar to Liberty Crossing project, we have assumed Barr will attend weekly construction meetings (up to 12 meetings). Mr.Jeff Oliver,PE 9/12/2018 Page 7 We will also perform survey after excavation and dredging to quantify materials removed (to establish quantities for pay applications) and perform a final record drawing survey upon completion of the project. Construction oversight will include both environmental and general field staff. During excavation of the undocumented fill north of and accumulated sediment in DeCola Pond B, we have assumed environmental staff will be on-site full time providing field screening, sampling, and general oversight services for a duration of -30 working days. We have assumed one full-time staff on site for general construction oversight including excavation of the native soils (between DeCola Ponds B and C), installation of the box culvert, and the outlet replacement and raising of the overflow, for a duration of -30 working days. During site planting and restoration and during the vegetation establishment and warranty period, we have assumed Barr staff will be available for up to ten (10) half-day site visits. For the environmental oversite, Barr will be on-site to field screen and collect soil analytical samples during the fill soil and peat removal in the former wetland areas,following the provisions of the MPCA- approved RAP. The field screening and analytical testing will guide identification of soil suitable for off- site reuses under MPCA's Unregulated Fill Best Management Practice. Soil with impacts (e.g. debris or contamination)will be disposed at a local landfill. Approximately 40 soil samples with be collected prior to and/or during excavation (i.e., Barr will work with the excavation contractor if they prefer to test trench for analytical samples ahead of the excavation or collect samples as the work progresses). We've assumed up to three native soil samples will be collected and analyzed if our field observations indicate potential for contamination and the remainder of the samples will be of undocumented fill. Costs assume oversight time for test trenching prior to construction.The samples will be collected per MPCA-approved RAP to identify contaminated soil, verify clean soil export, and to verify clean borrow sources. Soil samples will be field screened for evidence of contamination and analyzed on a rush basis for PAHs, DRO w/silica gel and RCRA Metals. If dewatering is necessary, it is anticipated that the water can be monitored under the contingency plan and discharged to the DeCola Ponds, and that a special discharge permit for discharge to the sanitary sewer will not be needed. It is anticipated that the sediment removal will involve up to seven days to dredge, stage the sediments for draining, and loadout. Following the field work, Barr will prepare a RAP implementation report for MPCA review and approval. The report will document the excavation and dredging soil management and provide analytical results and landfill weigh tickets. Assumptions: City will provide front end bid documents; Bid coordination and pre-bid meetings will be held at Golden Valley City Hall; City staff will be leading the contract administration and project management during construction; Barr will not attend bid opening or compile and review bids. Barr will provide one(1) full time staff onsite during construction for an estimated construction period of-70 working days; Up to 40 additional soil samples in unregulated fill prior to/during excavation Deliverables: Two (2) Complete bid package and advertisement,Three(3) bid coordination meetings, One(1) pre-bid meeting, One(1) preconstruction meeting; Construction Staking; Up to 12 weekly construction meetings;As-built/Recording Drawing Survey; One (1) RAP implementation report Mr.Jeff Oliver,PE 9/12/2018 Page 8 Estimated Cost and Schedule The table below describes the estimated costs associated with the tasks as described above in the scope of services. Assumptions associated with these costs are included in the above text.The table below also includes the estimated schedule for the services, and is based on a September 21, 2018 start date. The proposed schedule reflects the time to move through the EAW and permitting process and assumes that bidding will happen after permits have been obtained.If the start date is later than stated, the schedule will shift accordingly. DescriptionEstimated Estimated Work Task 1 Topographic&Utility Survey and Soil Borings 88 $25,600 September-October 2018 2 Construction Plans and Specifications 1,420 $175,000 October 2018-May 2019 3 Hydrologic and Hydraulic and Water Quality 66 $7,300 October 2018-May Modeling 2019 4 Environmental Permitting and Review 416 $50,500 September 2018- July 2019 5 Public Meetings 128 $15,600 September 2018- May 2019 6 Bidding,Construction Administration,and 1,320 $168,000 July 2019—June Construction&Environmental Oversight 2020 Project Total 3,438 $442,000 10%Contingency' $44,200 Project Total with Contingency $486,200 1-10%contingency included based on discussion with City staff. Use of contingency will only be allowed based on authorization by City staff. This Agreement will be effective for the duration of the services, unless earlier terminated by either the City or us. We will commence work upon receipt of a copy of this letter signed by your authorized City representative.We will inform you of our progress through periodic e-mail updates, telephone calls, invoice details, and other communications. For the services provided,you will pay us according to the attached Standard Terms. We will bill the city monthly. The total project cost of the services will not exceed $486,200 without prior approval by you. We understand you or your designees have the authority to direct us. We will direct communications to you at the City of Golden Valley, 7800 Golden Valley Road. Direction should be provided to Jennifer Koehler at Barr Engineering Co.4300 MarketPointe Drive, Minneapolis, MN 55435. 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(USD): Workers' Compensation and Employers' Liability Mr.Jeff Oliver,PE 9/12/2018 Page 9 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 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 Client 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. Mr.Jeff Oliver,PE 9/12/2018 Page 10 By t� Kurt Leuthold Its Vice President Accepted this day of _ 2018 City of Golden Valley By Tim Cruikshank Its City Manager 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 from described in this Agreement. We will use that degree of such contamination claims, damages, and expenses, care and skill ordinarily exercised under similar including reasonable attorneys' fees, unless the loss is circumstances by reputable members of our profession caused by our negligence. practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are required by law or legal process to make such 1.2 We will select the means, methods, techniques, disclosures, 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 direction to store or transfer the materials at your job, or site health or safety unless we accept that duty in expense. writing. 1.6 Estimates of our fees or other project costs will be based 3.3 Our reports, notes, calculations, and other documents, on information available to us and on our experience and and our computer software and data are instruments of knowledge. Such estimates are an exercise of our our Services, and they remain our property, subject to a 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 disputes without litigation. Such efforts will include a 7.1 We will provide a certificate of insurance to you upon meeting attended by each party's representative request. Any claim as an Additional Insured shall be empowered to resolve the dispute. Disputes (except limited to losses caused by our sole negligence. collections)will be submitted to mediation as a condition 7.2 This Agreement is our entire agreement, and it precedent to litigation. supersedes prior agreements. Only a writing signed by 5.2 We will not be liable for special, incidental, both of us making specific reference to the provision consequential, or punitive damages, including but not modified may modify it. limited to those arising from delay, loss of use, loss of 7.3 Neither of us will assign this Agreement without the profits or revenue, loss of financing commitments or written approval of the other. No other person has any fees, or the cost of capital. Each of us waives against rights under this Agreement. the other and its subcontractors, agents, and employees all rights to recover for losses covered by our respective 7.4 A writing may terminate this Agreement. We will receive property/casualty or auto insurance policies. an equitable adjustment of our compensation if our work is terminated prior to completion as well as our fees and 5.3 We will not be liable for damages unless you have expenses on the basis agreed upon through the effective notified us of your claim within 30 days of the date of date of termination. your discovery of it and unless you have given us an opportunity to investigate and to recommend ways of 7.5 We will not discriminate against any employee or mitigating damages, and unless suit is commenced applicant for employment because of race, color, creed, within two years of the earlier of the date of injury or loss national origin, sex, religion, age, genetic information, and the date of completion of the Services. marital status, sexual orientation,gender identity,familial status, disability, status with regard to public assistance, 5.4 For you to obtain the benefit of a fee which includes a membership or activity in a local human-rights reasonable allowance for risks, you agree that our commission, or status as a protected veteran. We will aggregate liability will not exceed the fee paid for our take affirmative action to ensure that applicants are services or$50,000, whichever is greater, and you agree considered, and employees are treated during their to indemnify us from all liability to others in excess of employment, without regard to those factors. Our actions that amount. If you are unwilling to accept this allocation will include, but are not limited to notifications, hiring, of risk, we will increase our aggregate liability to promotion or employment upgrading, demotion, transfer, $100,000 provided that, within 10 days of the date of our recruitment or recruitment advertising, layoffs or Agreement, you provide payment in an amount that will terminations, rates of pay and other forms of increase our fees by 10%, but not less than $500, to compensation, and selection for training or compensate us for the greater risk undertaken. This apprenticeship. End of Standard Terms Ver.07-01-15 Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 6. C. Authorize Agreement for Engineering Services for the Meadowbrook School Turn Lane Improvements City Project 18-17 Prepared By Jeff Oliver, PE, City Engineer Summary In the spring of 2018, the City Council approved a Planned Unit Development (PUD) Amendment for an expansion of Meadowbrook School to accommodate an additional 50 students. Staff reviews of the PUD Amendment included recommendations that traffic congestion issues on Glenwood Avenue and Turners Crossroad North adjacent to the school be resolved as part of the amendment. The traffic congestion issues occur in the morning and afternoon hours as students are dropped off and picked up. The City implemented a traffic study to determine the extent of improvements required on the public street system, and within the school property, that would be required to address the congestion issues. The results of this study were used as a starting point in discussions between the Hopkins School District, Hennepin County, and the City. After several meetings, the School District informed staff that it was moving forward to acquire the property to the east of the school at 5300 Glenwood Avenue. This acquisition, which should be completed by the end of August, provides substantially more opportunities to address traffic issues. Therefore, the planning meetings moved forward utilizing the additional property. The results of the planning efforts are summarized in an August 15, 2018, memorandum from the City’s consulting traffic engineer. The memorandum includes conceptual plans for public and private improvements and cost estimates for the public improvements. The public improvements on Glenwood Avenue and Turners Crossroad North, and the improvements within the Meadowbrook site are outlined and illustrated in the attached memorandum. Staff requested a proposal from Short Elliott Hendrickson, Inc. (SEH, Inc.) to provide design and construction services for the improvements on Glenwood Avenue and Turners Crossroad North. This proposal from SEH, Inc., also dated August 15, 2018, includes a not to exceed cost of $90,000 for these services. The improvements are scheduled to be completed prior to the opening of school in 2019. These improvements will be designed and constructed by the School District at the District’s expense. Staff has reviewed the SEH, Inc. proposal for engineering and construction services and found it to be in order. Staff further finds that the proposed public and private improvements at the Meadowbrook site will make significant improvements in the traffic congestion experienced on Glenwood Avenue and Turners Crossroad North which will be significantly improved as a result of the improvements discussed herein. Attachment • Memorandum from Short Elliott Hendrickson, Inc. dated August 15, 2018 (7 pages) • Agreement with Short Elliott Hendrickson, Inc. dated August 15, 2018 (7 pages) Recommended Action Motion to authorize an agreement with Short Elliot Hendrickson, Inc. for the design and construction of Meadowbrook School Turn Lane Improvements in an amount not to exceed $90,000. Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is an equal opportunity employer | www.sehinc.com | 952.912.2600 | 800.734.6757 | 952.912.2601 fax MEMORANDUM TO: Jeff Oliver, PE Golden Valley City Engineer FROM: Mike Kotila, PE Senior Transportation Engineer DATE: August 15, 2018 RE: Meadowbrook Elementary School Street and Site Modifications - Access and Circulation Improvements SEH No. GOLDV 147448 This memorandum builds upon previous findings and recommendations reported in SEH memorandums dated March 16, 2018 and March 23, 2018. City, County and Meadowbrook School representatives have met several times during the months of May, June and July 2018 to collaborate on potential solutions to resolve site access and circulation issues. This memorandum summarizes the results of that collaboration and makes recommendations for public street improvements to be constructed by the City in conjunction with the site improvements by the school district. Previous review of existing and proposed site access and circulation conditions identified the need for turn lane improvements on Glenwood Avenue and on Turners Crossroad to improve safety and reduce lane blockages on the public streets as vehicles wait to access the site. The primary cause of site access delay is insufficient on-site storage space for vehicles; especially as parents arrive to pick-up students prior to and during school dismissal. Previous study results estimated that resolving the on-site storage issue would require at least 38 additional on-site parking and/or drive aisle spaces for waiting vehicles during peak periods. The School District has purchased the adjacent former Boy Scout Building site and is preparing plans to integrate the access, parking and circulation routes with the current school site. Addition of the Boy Scout site to the school site provides the school with the opportunity to utilize an additional driveway and parking lot to help resolve site access and circulation for the Meadowbrook School site. Attached Figure 1 depicts the roadway widening that would be necessary to add a left turn lane on Glenwood Avenue and a right turn lane on Turners Crossroad. Also shown in Figure 1 are parking lot connection improvements on the expanded Meadowbrook School site to serve new on-site traffic patterns. Attached Figure 2 represents on-site traffic circulations patterns expected when site improvements are completed. Student loading zones for parent pick-up and drop-off are identified. Queueing lanes in the drive aisles are depicted to represent the projected demand for waiting vehicles (i.e. accommodation of more than 38 additional spaces). In addition, the new traffic pattern will free up access to and from many existing parking spaces that have often been inaccessible for use by parents that would park and walk up to the building to pick up their children. Meadowbrook School – Street and Site Modifications – Access and Circulation Improvements August 15, 2018 Page 2 School Site Improvements The former Boy Scout site driveway is proposed to operate as a one-way roadway serving only inbound trips to the east side of the expanded school campus. All traffic exiting the site to Glenwood Avenue would use the current exit driveway located between the main school building and the former Crisis Nursery Building. The existing entrance, located between the former Crisis Nursery and the former Boy Scout building would be closed (contingent upon review of emergency access routes for fire trucks). A new internal driveway connection is planned between the north edge of the former Boy Scout parking lot and the easterly edge of the school parking lot. This connection will be aligned with the parking lot drive aisles on each end to accommodate two lanes of vehicle queuing for inbound vehicles as they approach the student loading zone to pick-up or drop-off students. Improvements are also planned by the school on the west side of the campus. The existing driveway geometry will be widened to better serve simultaneous inbound and outbound traffic between the schools westerly parking lot and Turner’s Crossroad. Public Street Improvements Glenwood Avenue Left Turn Lane – A left turn lane on Glenwood Avenue is needed to safely separate eastbound left turning traffic from eastbound through traffic on Glenwood Avenue. Addition of the left turn lane will require widening along the north side of Glenwood Avenue within the public right of way. The trail along the north side of Glenwood would be shifted closer to the school site. No permanent right of way need has been identified. Some school owned features such as an ornamental fence, will require relocation. The full extent of permanent and temporary construction limits will be determined when final design plans are developed. Widening will also accommodate continuous shoulders of adequate width to function as bike lanes on Glenwood Avenue. The shoulders are not intended to be designated as bike lanes at this point due to width constraints on adjacent segments to the east and west of this segment. Turners Crossroad Right Turn Lane – A right turn lane on Turners Crossroad is needed to safely separate northbound right turning vehicles from through traffic as they decelerate to turn or as they wait to enter the site. Addition of the right turn lane will require widening of Turners Crossroad for up to 200 feet. All permanent features related to the widening would occur along the east side of Turners Crossroad within the public right of way. The public sidewalk along the east side of Turners Crossroad would be shifted closer to the school site. No permanent right of way need has been identified. The full extent of temporary construction limits will be determined when final design plans are developed. . Estimated Costs for Public Street Improvements Construction cost estimates have been prepared based upon the preliminary designs shown in Figure 1. A detailed breakdown is provided as an attachment to this memorandum. Costs related to improvements on each roadway are summarized as follows: Glenwood Avenue $461,000 Turners Crossroad $139,000 Total $600,000 Other considerations The combination of on-site and public street improvements defined herein are expected to accommodate the existing and planned access and circulation needs generated by Meadowbrook School. Increases in the anticipated enrollment, or increases in the percentage of students that travel to and from school by passenger vehicle rather than school bus could consume the on-site vehicle storage capacity created by the recommended Meadowbrook School – Street and Site Modifications – Access and Circulation Improvements August 15, 2018 Page 3 improvements. In addition, future uses of the former Boy Scout building could generate traffic and parking demand not specifically accounted for in this evaluation. There may be additional measures that are be possible to further manage on-site traffic demands should conditions deteriorate over time. These other considerations include:  Greater efficiency of student loading operation would be possible if the loading zones are expanded. This would shorten the wait time and reduce the number of vehicles on site. Achieving this could require more curbside sidewalk and/or more staff management of the loading operation.  The number of pick-ups assigned to the west side versus the east side should be managed to avoid spill-over of waiting vehicles from the parking lot onto Turners Crossroad. The east and west side of the building have similar loading zone capacities, but the west side will have significantly less storage capacity for waiting vehicles. Additional measures to increase the capacity of the west parking lot were identified in this process but are not included in the recommendations because the significant increase in capacity on the east side satisfied the overall need.  To reduce the number of passenger vehicles, increased bussing of students should be encouraged. Similarly, to reduce passenger vehicle demands, increased carpooling for student pick-up and drop-off should be encouraged. Attachments: Glenwood Avenue Cost Estimate Turners Crossroad Cost Estimate Figure 1 – Access and Circulation Improvements Figure 2 – On-site Parent Pick-up and Drop-off Circulation p:\fj\g\goldv\145493\8-planning\meadowbrook school site\2018 memos\meadowbrook school site access memo 081518.docx Unit Price Quantity Amount Amount Rounding MILL BIT PAVEMENT s.y. $1.00 7,198 $7,198 REMOVALS / BIT PAVEMENT s.y. $5.00 367 $1,833 REMOVALS / CONC. APRON s.y. $9.00 400 $3,600 REMOVALS / CONC. SIDEWALK s.f. $2.00 1,975 $3,950 REMOVALS / CONC. CURB l.f. $5.75 400 $2,300 REMOVALS / BIT CURB l.f. $4.00 400 $1,600 REMOVALS / CLEAR AND GRUB each $500.00 8 $4,000 SALVAGE & INSTALL DECORATIVE FENCING l.f. $150.00 160 $24,000 SALVAGE & INSTALL CHAIN LINK FENCING l.f. $80.00 40 $3,200 SAW BIT PAVEMENT (FULL DEPTH) l.f. $3.00 875 $2,625 (a) Removals:$54,306 $54,300 COMMON EXCAVATION c.y. $12.00 2,000 $24,000 AGGREGATE BASE c.y. $26.00 400 $10,400 SELECT GRANULAR BORROW ton $12.00 1,300 $15,600 BITUMINOUS PAVEMENT ton $100.00 860 $86,000 8" CONCRETE DRIVEWAY APRON s.y. $65.00 50 $3,250 RECONSTRUCT SIDEWALK (ADA) s.f. $37.50 120 $4,500 B612 CURB l.f.$18.00 100 $1,800 B618 CURB l.f.$25.00 800 $20,000 MODULAR BLOCK RETAINING WALL s.f. $45.00 300 $13,500 FURNISH & INSTALL DECORATIVE FENCING l.f. $150.00 75 $11,250 FURNISH & INSTALL VEHICLE GATE each $4,000 1 $4,000 SIGN RELOCATION each $250 8 $2,000 STRIPING l.f. $2.50 4,000 $10,000 STRIPING - CROSS WALKS s.f. $25.00 90 $2,250 SODDING TYPE LAWN (W/4" TOPSOIL) $10.00 1,000 $10,000 LANDSCAPING/ TREES 10% $5,400 (b) Subtotal Grading and Paving:$223,950 $224,000 (a+b) Subtotal Construction:$278,300 MOBILIZATION 5% $13,915 DRAINAGE IMPROVEMENTS 8% $22,264 STAGING / TRAFFIC CONTROL 10% $27,830 CONTINGENCIES 15% $41,745 (c) Subtotal Miscellaneous:$105,754 $105,800 (a+b+c) Total Construction:$384,100 Other Costs: ENGINEERING & ADMIN 20% $76,820 Subtotal Other Costs:$76,820 $76,800 TOTAL ESTIMATED COST: $461,000 Assumptions 1.) 5300 Glenwood: 75' - 4' High Retaining Wall w/ Railing 2.) 2" Mill and Overlay for Project Length to match into lane extension. 3) 3' Subcut in widening areas of Glenwood Ave 4) Vehicle gate to be installed at 5400 East Driveway 5) Additonal drainage structures required along widened portion of Glenwood Note: Estimate is based on "Glenwood Ave (Meadowbrook)_BoyScoutIntersection_100 scale layout" received from Hennepin County Transportation Planning 8/13/2018 Meadowbrook School Site Access and Circulation Improvements Glenwood Avenue - Widening for Left Turn Lane City of Golden Valley Basic Construction Item Description Unit SEH, Inc. Y:\FJ\G\Goldv\145000\5-final-dsgn\54-quant\Meadowbrook Cost Estimate\gv145493_Meadowbrook Elementary Cost Estimate.xlsx 8/15/2018 Unit Price Quantity Amount Amount Rounding REMOVALS / BIT PAVEMENT s.y. $5.00 150 $750 REMOVALS / CONCRETE SIDEWALK s.f. $2.00 990 $1,980 REMOVALS / CONCRETE CURB l.f. $5.75 275 $1,581 REMOVALS / CLEAR AND GRUB each $500.00 5 $2,500 SAW BIT PAVEMENT l.f. $3.00 350 $1,050 RELOCATE CATCH BASIN each $5,000 1 $5,000 ADJUST CASTING each $500.00 1 $500 RECONSTRUCT DRAINAGE STRUCTURE each $1,500.00 1 $1,500 RELOCATE LIGHT POLE each $12,000.00 1 $12,000 SALVAGE SIGN TYPE C each $40.00 3 $120 (a) Removals:$26,981 $27,000 COMMON EXCAVATION c.y. $12.00 520 $6,240 AGGREGATE BASE c.y. $26.00 130 $3,380 SELECT GRANULAR BORROW ton $12.00 360 $4,322 BITUMINOUS PAVEMENT ton $100.00 130 $13,000 5" CONCRETE SIDEWALK s.f. $7.00 1,800 $12,600 6" CONCRETE SIDEWALK s.f. $13.00 50 $650 RECONSTRUCT SIDEWALK (ADA) s.f. $37.50 40 $1,500 B618 CURB l.f. $25.00 275 $6,875 FURNISH & INSTALL SIGN TYPE C s.f. $40.00 25.0 $1,000 INSTALL SALVAGED SIGN TYPE C each $125.00 2 $250 CROSSWALK MARKINGS s.f. $25.00 196 $4,900 PAVEMENT MESSAGE each $550.00 1 $550 STRIPING l.f. $2.50 400 $1,000 SODDING TYPE LAWN (W/4" TOPSOIL) s.y. $10.00 333 $3,333 LANDSCAPING (TREES, SHRUBS) 10% $2,698 (b) Grading, Utilities and Paving $62,299 $62,300 (a+b) Subtotal Construction:$89,300 MOBILIZATION 5% $4,465 STAGING / TRAFFIC CONTROL 10% $8,930 CONTINGENCIES 15% $13,395 (c) Subtotal Miscellaneous:$26,790 $26,800 (a+b+c) Total Construction:$116,100 Other Costs: ENGINEERING & ADMIN 20% $23,220 Subtotal Other Costs:$23,220 $23,200 TOTAL ESTIMATED COST: $139,000 Note: Estimate is based on "CONCEPTSITEPLAN..dwg"from SAF Engineering. Assumptions 1.) 3' Subcut in widening areas for turn lane Meadowbrook School Site Access and Circulation Improvements Turner's Crossroad - NB Right Turn Lane City of Golden Valley Basic Construction Item Description Unit SEH, Inc. Y:\FJ\G\Goldv\145000\5-final-dsgn\54-quant\Meadowbrook Cost Estimate\gv145493_Meadowbrook Elementary Cost Estimate.xlsx8/15/2018 12" 12" 12" TREELINETR E E L I N E TREELINETREELINEWOODEDWOODEDWOODEDTREELINETREELINETREELINE6" 6" 6" 6" 6" 8" 6" 6" 5" 6" 6" 4" 6" 6" 6" 6" 6" 8" 6" 6" 6" 8" 8" 8" 6" 6" 5" 5" 5" 5" 6" 5" WOODED24" 30" 12" 18" 30" 6" 24" 24" 24" 15" 12" 12" 6" 30" 30" 24" 6" 6" 8" 8" 24" 24" 6" 6" 6" 12" 10" 18" 10" 18" 6" 6" 3" 3" 2" 2" 2" 2" 2" 2" 3" 3" 3" 6" 6" 8" 2" 4" 4" 4" GARDENS2%1V:4H (MAX)VARIESR/WR/WASSUMED 3' SUBCUT IN WIDENED AREABACKFILL W/SUITABLE MATERIALVARIES8' TRAIL(TYP.)TYPICAL SECTION A-A'℄42'CONCRETE C&G (TYP.)2%5' BIKESHLDR11' DRIVE LANEVARYINGMEDIAN/TURN LANE2%11' DRIVE LANEVARYINGMEDIAN/TURN LANE2'5' BIKESHLDRVARIESMILL/ OVERLAY PAVEMENT1-1/2" (TYPE SP 9.5) WEARING COURSEMIXTURE DESIGNATION (SPWEA240C)6'WALKPHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.comFILE NO.DATE:08/15/2018GOLDV 145493S:\FJ\G\GOLDV\145000\5-FINAL-DSGN\51-DRAWINGS\10-CIVIL\CAD\DWG\MEADOWBROOK SCHOOL\GV145493_MEADOWBROOK SCHOOL IMPROVEMENTS EXHIBIT.DWG 0feetscale501005025LEGENDAA'PROPOSED ROADWAYPROPOSED WALKPROPOSED TRAILMILL/OVERLAY PAVEMENTGLENWOOD AVENUETH 100TURNERS CROSSROAD NMEADOWBROOKELEMENTARY SCHOOLGOLDEN VALLEYLUTHERAN CHURCHTH 100 - OFF RAMPCLOSEDENTRANCESALVAGE & INSTALL DECORATIVE FENCERELOCATE ELECTRICAL BOX(BY OTHERS)BLOCKRETAININGWALLSALVAGE & INSTALLCHAIN LINK FENCERELOCATE FIBER VAULT (BY OTHERS)MEADOWBROOK SCHOOL SITEACCESS & CIRCULATIONIMPROVEMENTSFIGURE1PROPOSED CURB AND GUTTERPROPOSED BLOCK RETAINING WALLCONCRETE WALK CURB AND GUTTER MEADOWBROOKELEMENTARYSCHOOL ADDITION(SCHOOL IMPROVEMENTS)CONSIDERIMPROVEDCONNECTION(SCHOOL IMPROVEMENTS) 12" 12" 12" 8" TREELINETR E E L I N E 6" TREELINETREELINETREELINEWOODEDWOODEDWOODEDTREELINETREELINETREELINETREELINE6" 6" 6" TREELINETREELINE6" 6" 6" 6" 6" 8" 6" 6" 5" 6" 6" 4" 6" 6" 6" 6" 6" 8" 6" 6" 6" 8" 8" 8" 6" 6" 5" 5" 5" 5" 6" 5" WOODED24" 30" 12" 18" 30" 6" 24" 24" 24" 15" 12" 12" 6" 30" 30" 24" 6" 6" 8" 8" 24" 24" 6" 6" 6" 12" 10" 18" 10" 18" 6" 6" 3" 3" 2" 2" 2" 2" 2" 2" 3" 3" 3" 6" 6" 8" 2" 4" 4" 4" GARDENS PHONE: 651.490.20003535 VADNAIS CENTER DRIVEST. PAUL, MN 55110-5196www.sehinc.comFILE NO.DATE:08/15/2018GOLDV 145493S:\FJ\G\GOLDV\145000\5-FINAL-DSGN\51-DRAWINGS\10-CIVIL\CAD\DWG\MEADOWBROOK SCHOOL\GV145493_MEADOWBROOK SCHOOL IMPROVEMENTS EXHIBIT.DWG 0feetscale501005025LEGENDSTUDENT LOADING ZONEEXIT LANEWAITING PARENT TRAFFIC QUEUEGLENWOOD AVENUETH 100TURNERS CROSSROAD NMEADOWBROOKELEMENTARY SCHOOLGOLDEN VALLEYLUTHERAN CHURCHTH 100 - OFF RAMPCLOSEDENTRANCEMEADOWBROOK SCHOOLON-SITE PARENT PICK UP &DROP OFF CIRCULATIONFIGURE2MEADOWBROOKELEMENTARYSCHOOL ADDITION A- - " -- SEH Building a Better World for All of Us August 15, 2018 RE: City of Golden Valley Meadowbrook School Roadway Improvements City Project Number Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Jeff: Thank you for the opportunity to provide professional services to the City of Golden Valley for the roadway/public improvements near Meadowbrook School. The City is requesting a scope of work that includes preliminary, final design, plan preparation, bidding and construction services. This letter serves as the Supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. BACKGROUND The City of Golden Valley has been working with Meadowbrook School and the County to address their site access and circulation issues as they relate to potential improvements to Turner's Crossroad North and Glenwood Avenue (CSAH 40). The attached exhibits illustrates the site and the proposed roadway improvements. A proposed typical section is also included on the site map that helps to define our understanding of the scope of work. The proposed public roadway improvements that will benefit access and circulation improvements for Meadowbrook School include: 1. Construction of a new right turn lane from NB Turner's Crossroad N. into the school's west entrance, just north of Glenwood Avenue. 2. Widening to allow the construction of left turn lanes into the old Boy Scout property or the eastern most driveway on the north side of Glenwood Avenue, west of TH 100. The widening will occur on the north side of Glenwood from about 430 feet east of Turner's Crossroad N. for about 900 feet. It will include reconstruction of the north curb line, replacement of the trail, drainage, signing and striping and a mill and overlay of the entire surface to the west edge of the TH 100 Bridge. SCOPE OF WORK Preliminary Survey SEH will coordinate with SAFEngineering, the consultant working with the School District, for use of their property survey. SEH will augment that survey with critical tie in points, centerline shots of Turner's Crossroad N. and Glenwood in the area of the proposed construction work and topography near TH 100. In addition, a structure survey of the sanitary and storm sewer structures in the project area will be Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc.,3535 Vadnals Center Drive,St.Paul,MN 55110-5196 SEH is l 00%employee-owned I sehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8186 fax Jeff Oliver, PE August 15, 2018 Page 2 obtained. SEH will request Gopher One State field markings for private utilities and include them in the base map generated for the plans. Meetings/Project Communication We propose to kick off this project at another 2019 regularly scheduled PMT meeting. We propose to check in once more with the scope and schedule, receive direction and assign tasks.Any other project meetings will be similarly coordinated with the 2019 PMP project meetings. We have also included one meeting as a follow up coordination meeting with the school district and Hennepin County to coordinate the final design elements prior to their review. A separate private utility meeting is included in this scope of work, but will be coordinated along with 2019 PMP if possible. Public Involvement The public involvement approach to this project is expected to be modified from what is typically conducted since the project is being initiated by the school district and there is no direct impacts or assessments planned to other of the surrounding properties. We propose to invite the stakeholders in the Meadowbrook School neighborhood to the 2019 PMP open house that is being hosted in October 2018. SEH will assist the City with an initial newsletter to introduce the project to the neighborhood and then answer questions at the open house format meeting. The exhibit for the open house has been created for the traffic review study conducted earlier and will consist of City supplied aerial photography on which the project area is illustrated with preliminary design information prepared by SEH. The City will provide sign in sheets, comment cards and other information in project folders. Scott Haupt, Project Manager, Sue Mason, Sr. Project Manager and Mike Kotila, Traffic Engineer will be present at the open house. Geotechnical Street Analysis and Report,retaining wall design SEH's geotechnical engineers will be providing the geotechnical boring coordination, evaluation and technical assistance with the project. They will coordinate the boring locations and material testing program, sub grade and pipe bedding recommendations. SEH will review the subsurface materials and borings, identify potential problems, develop an additional boring program (if necessary)and make recommendations based upon the information that is available. The recommendations will be summarized in a memo for your information and project file. Soil boring drilling services will be performed by NTI, Inc. and will be subcontracted by SEH. The drilling program consists of 4 soil borings drilled to a penetration ranging from 6 ft. to 8 ft., at a few locations along the widening for the right turn lane on Xenia and the widening along Glenwood Avenue. We have included coordination and design time in this proposal to layout a retaining wall necessary to support the widened embankment between the existing school property and the previously owned Boy Scout property along Glenwood Avenue. Drainage SEH will review the drainage needs for each roadway and include in the permitting for the 2019 PMP. It appears that we will need to relocate 1 or 2 catch basins on Xenia for the right turn lane. There is no existing catch basins or storm pipe in the area of the widening on Glenwood Avenue, so we have assumed that there will be a need to extend the storm drainage pipe from the system that is about 400 feet east of Xenia to provide drainage and provide proper catch basin spacing where there is new curb and gutter. Jeff Oliver, PE August 15, 2018 Page 3 Sidewalks and Trails The project will include reconstruction of sidewalk in the area of the turn lane on Turner's Crossroad N. and replacement of the bituminous trail on Glenwood Avenue. Any other new sidewalk or trail connections from the school site is expected to be the responsibility of the school district. All pedestrian ramps included in the project area trails and sidewalks impacted by the widening will be made ADA compliant. Traffic review and coordination Mike Kotila will continue to be involved in the project as an advisor to provide consistency and coordination from the concept stage study work recently prepared by him and his team. Lighting and Private Utilities There are street lights that will be impacted by the turn lane construction. The City leases the street lights from Xcel Energy. The impact to about 2 lights will need to coordinated, but the work will be completed by Xcel Energy contractors. There is an electric power box located just behind the existing trail on Glenwood Avenue that will need to be relocated. There are also some fiber hand holes that will be impacted by the turn lane construction on Turner's Crossroad N. At this time we do not know how much time or effort this will take to coordinate. We also do not know what other private utilities could be impacted due to the widening, but understand the need to coordinate these details early in the design process. Preliminary,Final Design and Plan Preparation SEH will prepare preliminary and final street and utility plans for school roadway improvements to include in the 2019 PMP project. Existing profiles and alignments will be reviewed and optimized for drainage, storm sewer added as needed, and driveway grades reviewed and improved if possible. A set of final plans will be prepared according to City and County standards and submitted to the City and County staff for review and approval at 60%, 95%and 100% complete review milestones. Given the proximity to TH 100, for the mill and overlay, we expect to submit the plans to MN/DOT for a permit to work in their right of way. Construction Staking SEH will provide a survey crew to provide the construction staking of the proposed improvements at the school site. Staking tasks for this project will include placement of horizontal control, vertical control, utility staking for private utilities, storm sewer stakes, curb and gutter stakes, blue tops after curb is in place, bituminous trail stakes, stakes for the basin and expenses. All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative(RPR) The on-site representative for Resident Project Representative(RPR) is the Engineer's agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractor's superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence, meeting reports, field orders, and supplemental agreements. They will keep a daily diary or log book. Records pertaining to quantities and applications for payment will be the responsibility of the RPR. The RPR will also keep information pertaining to record plans and will schedule the survey crew based on the staking requests from the contractor's representative. Jeff Oliver, PE August 15, 2018 Page 4 Observation The City will provide Construction Administration with SEH providing limited observation services including attendance of the pre-construction meeting and shop drawing review on drainage structures for the project area. A budget has been included for minor technical support if needed for geotechnical issues that may arise. Time has also been built in to assist with project closeout activities. Record Plans The City will complete the record drawings. PROJECT TEAM Scott Haupt will be the Project Manager. Justin Bergerson is assigned to the project as the Project Engineer, providing preliminary and final design along with technical production work. Hector Flores will provide the geotechnical analysis and evaluation for the streets included in the program. Mike Kotila, Traffic Engineer will participate in the public involvement activities and other traffic related matters. Other technical experts may be called upon to participate in meetings, depending on the issues that are brought forth by residents and other stakeholders. Sue Mason, Scott Haupt and Mike Kotila will attend the project staff meetings and neighborhood open house as needed. SCHEDULE We expect to begin working on the preliminary survey as soon as the contract is signed. The subsurface soils investigation field work will begin as soon as we can. The first open house is planned for October 18th, 2018 with final design and plans following. The bidding will likely be in January or February 2019. COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage and equipment. We have estimated the services described above to cost a total of. The person/hour task budgets for each phase of the work are attached. The summary of engineering services is as follows: Preliminary and Final Design, Bidding Docs $44,000 Construction Services $46,000 Estimated Engineering Fees $90,000 This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff and the community on this project. Thanks for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. M. Mason, PE r. Project Manager Jeff Oliver, PE August 15, 2018 Page 5 Approved this day of 2018 CITY OF GOLDEN VALLEY,MINNESOTA By: bfeadap-brook Schaal RnaduvrP Irnprarenrents Deliverables: Prelim Survey,Meetings,l l"x17"Plans and Specifications for Review and Permit Applications,Plans and Specifications for Bidding, Engineers Estimate Water Resource Task Survey Crew Geatech Project Manager Lead'rech Traffic Engineer Admin Engineer A. Base Ma.�Mapping and Subsurface Investigation Field Survey 8 Transfer and combine riles 2 Coordinate Private and Public utilities 8 8 Coordinate borings and Testing 4 Prepare soils recommendation memo 24 2 B. Detail Desi n Finalize typical sections 1 2 Finalize horizontal and geometric design 1 4 2 Finalize centerline and curb profiles 1 4 Final cross sections including construction limits 1 4 Intersection Design 1 2 C. Final Drainage Design Modify/Relocate CB's(Turners) g Extend Storm sewer(Glenwood) 13 2 D. Plan Preparation combined with 2019 PMP Title Sheet 1 sheet Statement of Estimated Quantities 1 2 General Notes&Earthwork Surmn Details 2 Typical Sections 1 2 Tabulations 4 SWPPP and Erosion Control 6 4 Alignment Plan 1 4 Ped ramps 2 8 Grading Sheets,Plan and Profile 16 Retaining Wall detail and profile 24 2 4 Storm Sheets,Plan and Profile 13 2 12 Cross Sections 10 Design coordination with City 2 Address agency review comments 2 g 8 2 E. Public and Agency Coordination Public Meeting combined with 2019 PMP 2 Coordination meeting with School District and Hennepin County 4 2 3 60%,95%and 100%review submittal and coordination with Hennepin County 12 12 F. Engineers Estimate/Quantity Takeoff 2 4 G. Prepare Specification 4 g 2 H. Permit Preparation/Aenc Coordination Prepare permit applications BCWMC,County,MnDOT) 2 4 4 Total hours 309 81 100 66 1261 7 2 Project labor cost this phase $39,726 Equipment charges Mileage $100 Reproductions $250 Field Survey Expenses $300 NTI(borings) $3,630 Total arolect coa thlc task $44,000 Unique components or assumptions: These plans will be combined and bid together with the 2019 PMP project. ! � u / � [ \ 2 / / � x x K \ { \ J d \ ƒ \ ! / \ ■ \ k \ ! 2 � } \ A ® ) \ } ! / & Id CD ? \ .§ £ / k # f ) ) \ \ \ ® _ � } \ [ @ It ) / � ) = � \ \ # \ \ / �Q / » * � ) \ © $ / / ` § ) - ee } E _ } � % � � \ { \ rL , � @ � . o( } k ] \ d • � mz � = e * muo � { ) } ° 4 2jIn \ R £ 14 k £ H Executive Summary For Action Golden Valley City Council Meeting September 20, 2018 Agenda Item 6. D. Adopting Proposed 2019 Budget and Proposed Tax Levies Payable in 2019 Prepared By Sue Virnig, Finance Director Summary State Law requires the certification of a proposed budget and proposed tax levies no later than October 1, 2018. The final property tax levy for pay 2019 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 2019-2020 Proposed Budget, is currently $23,723,799. The General Fund levy portion is $18,625,845. At the meeting, City staff will make a short presentation reviewing the Proposed 2019-2020 General Fund Budget and Proposed Tax Levies Payable in 2019. Attachments • Resolution Adopting Proposed 2019 Budget and Proposed Tax Levies Payable in 2019 (2 pages) • 2019-2020 Proposed Revenue Summary (3 pages) • 2019-2020 Proposed Expenditure Summary by Division (3 pages) Recommended Action Motion to adopt Resolution for Proposed 2019 Budget and Proposed Tax Levies Payable in 2019. Resolution 18-59 September 20, 2018 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE PROPOSED 2019 BUDGET AND PROPOSED TAX LEVY PAYABLE IN 2019 WHEREAS, State Law requires the certification of a proposed budget and proposed tax levies no later than October 1, 2018; 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 Equipment Certificates, Series 2016B (B3115), the amount of $289,170; and Equipment Certificates, Series 2017A (B3196), the amount of $300,825 will not be levied through a debt levy but paid partially with a General Fund Levy (General Fund Transfer); and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2016C (B3114), the amount of $390,036 will not be levied due to the utilization of the franchise fees collected from gas and electric utilities; and WHEREAS, the debt service levy as established in the bond documents for the General Obligation Bonds, Series 2017B (B3197), the amount of $20,925 will not be levied due to the utilization of the internal state aid monies. 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 $18,625,845 Bonded Debt Levy: Certificates of Indebtedness 0 Brookview Center 1,216,300 Street Improvement Bonds 3,881,654 TOTAL Tax Levy $23,723,799 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 2019 for the City of Golden Valley. BE IT FURTHER RESOLVED, that the proposed 2019 budget of the General Fund is $21,691,575 and the proposed 2020 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. 18-59 -2- September 20, 2018 _____________________________ 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. 2016 2017 2018 2018 2019 2019 2020 Actual Actual Adopted Estimated Concept Proposed Concept AD VALOREM TAXES 4011 AD VALOREM TAXES 14,151,535 14,742,906 17,428,460 17,428,460 18,206,605 18,625,845 19,339,965 ALLOWANCE FOR ABATEMENTS/DEL (58,798) 79,156 (175,000) (175,000) (175,000) (175,000) (175,000) LESS HOMESTEAD CREDIT 4012 PENALTIES & INTEREST 84,204 31,559 TOTAL AD VALOREM TAXES 14,176,941 14,853,621 17,253,460 17,253,460 18,031,605 18,450,845 19,164,965 LICENSES 4021 LICENSE-GAS/OIL 50 25 200 - 200 - - 4022 LICENSE-VEHICLE REPAIR 25 25 25 - 25 - - 4023 LICENSE-NEW/USED VEHICLES 4,800 4,800 4,400 4,800 4,400 4,800 4,800 4025 LICENSE-TEMPORARY LIQUOR 300 800 300 500 300 400 400 4026 LICENSE-WINE ON/SALES 11,000 15,000 16,000 14,100 16,000 14,100 14,100 4027 LICENSE-LIQUOR ON/SALE 120,650 96,900 96,650 89,700 96,650 89,700 89,700 4028 LICENSE-LIQUOR OFF SALE 1,200 1,000 1,000 1,000 1,000 1,000 1,000 4029 LICENSE-NONINTOX ON SALE 3,250 4,250 4,000 3,500 4,000 3,500 3,500 4030 LICENSE-NONINTOX OFF SALE 450 450 450 450 450 450 450 4031 LICENSE-SUNDAY LIQUOR 2,950 2,400 2,400 2,400 2,400 2,400 2,400 4032 LICENSE-TAVERN 375 375 375 - 375 - - 4033 LICENSE-CIGARETTE 3,850 3,850 3,850 3,575 3,850 3,850 3,850 4034 LICENSE-DOG (KENNEL)1,000 1,000 - 1,750 - - - 4038 LICENSE-GARBAGE COLLECTORS 3,300 4,000 3,550 3,250 3,550 3,250 3,250 4041 LICENSE-PEDDLER/SOLICITOR 1,950 2,590 1,200 2,000 1,200 2,000 2,000 4044 LICENSE-GAS STATION 3,650 3,650 3,650 3,650 3,650 3,650 3,650 4046 LICENSE-APARTMENT 74,305 83,219 65,000 65,000 65,000 65,000 65,000 4047 LICENSE-GAMBLING 450 550 250 250 250 250 250 4048 LICENSE-AMUSE DEVIC 240 210 210 210 210 210 210 4052 LICENSE-HEATING 15,600 14,475 13,500 13,500 13,500 13,500 13,500 4058 LICENSE-MASSAGE 5,320 9,720 3,820 3,820 3,820 3,820 3,820 4059 LICENCE-CHICKEN COOP/RUN 450 150 150 275 150 150 150 TOTAL LICENSES 255,165 249,439 220,980 213,730 220,980 212,030 212,030 PERMITS 4101 PERMIT-BUILDING 1,047,361 2,008,630 592,000 800,000 550,000 550,000 550,000 4102 PERMIT-PLUMBING 112,012 184,073 40,000 55,000 40,000 40,000 40,000 4103 PERMIT-SEWER 30,550 29,700 30,000 25,000 30,000 30,000 30,000 4104 PERMIT-HEATING 243,285 421,270 125,000 125,000 125,000 125,000 125,000 4105 PERMIT-WATER 3,700 8,300 2,500 4,000 2,500 2,500 2,500 4107 PERMIT-STREET EXCAVATING 38,423 72,455 30,000 52,000 30,000 30,000 30,000 4109 PERMIT-BILLBOARD 10,567 9,522 7,500 7,500 7,500 7,500 7,500 4114 PERMIT-TEMPORARY OCCUPENCY 2,300 4,400 2,000 5,300 2,000 2,000 2,000 4115 PERMIT-REFUNDS(20%)90 421 - 1,350 - - - 4116 PERMIT-GRADING/DRAINAGE/EROSI 7,250 5,875 5,000 5,000 5,000 5,000 5,000 4117 PERMIT-TREE PRESERVATION 1,350 1,950 900 900 900 900 900 4119 PERMIT-ELECTRICAL 106,530 145,050 94,660 132,000 94,660 94,660 94,660 4120 PERMIT-FIREWORKS 450 300 100 100 100 100 100 4121 PERMIT-SPECIAL EVENTS 175 525 125 400 125 300 300 TOTAL PERMITS 1,604,043 2,892,471 929,785 1,213,550 887,785 887,960 887,960 FEDERAL GRANTS 4132.1 FED VEST PROGRAM 1,135 - 4132 JAG GRANT - 4132.3 SAFE AND SOBER 17,224 19,785 19,720 - - TOTAL FEDERAL GRANTS 18,359 19,785 - 19,720 - - - STATE GRANTS 4149 LOCAL PERFORMANCE AID - 3,018 - - - 4150 FIRE POST BOARD TRAINING GRANT 18,764 77,565 5,440 5,440 5,440 5,440 5,440 4151 STATE AID 405 - 6,015 4152 LOCAL GOVERNMENT AID (LGA)252,446 252,895 37,185 37,185 37,185 - - 4153 POLICE TRAINING 9,653 16,591 9,750 9,750 9,750 9,750 9,750 4153.1 OPERATION NIGHT CAP - - 4153.6 VEST REIMBURSEMENT GRANT 1,157 - TOTAL STATE GRANTS 282,425 350,069 52,375 58,390 52,375 15,190 15,190 COUNTY GRANTS 4173 OTHER COUNTY GRANTS 4,133 408 1,320 Proposed 2019 - 2020 General Fund Revenue Report City of Golden Valley 2016 2017 2018 2018 2019 2019 2020 Actual Actual Adopted Estimated Concept Proposed Concept Proposed 2019 - 2020 General Fund Revenue Report City of Golden Valley TOTAL COUNTY GRANTS 4,133 408 - 1,320 - - - GENERAL GOVERNMENT 4191 CERTIFICATION FEE 14,850 13,740 12,000 12,000 12,000 12,000 12,000 4194 ADMIN LIQUOR LICENSE 1,500 1,000 2,500 4196 GENERAL GOVT-GEN SER 15,855 32,592 10,000 10,000 10,000 10,000 10,000 4197 FILING FEES - 25 - 4199 ASSESSMENT SEARCHES 15 - - - 4200 LIQUOR LICENSE CHECKING 2,700 2,600 2,500 2,500 2,500 2,500 2,500 4203 COPY/MAILING FEES 656 757 750 750 750 750 750 4204 DOMESTIC PARTNERSHIP REG 85 80 TOTAL GENERAL GOVERMENT 35,661 50,794 25,250 27,750 25,250 25,250 25,250 PUBLIC SAFETY 4226 BRECK TRAFFIC CONTROL 48,973 27,427 27,200 27,800 27,200 27,800 27,800 4227 DRUG TASK FORCE REIMBURSE 8,717 - - - - 4228 ALARM ORDINANCE VIOLATION 3,700 11,050 3,700 4,500 3,700 3,700 3,700 4229 SECURITY SERVICES 17,704 17,199 15,000 30,000 15,000 17,000 17,000 4230 POLICE DEPT CHARGES SCHOOL RESOURCE OFFICER-281 37,354 43,452 66,000 66,000 66,000 66,000 66,000 4231 FIRE DEPT CHARGES 49,412 46,546 44,000 44,000 44,000 44,000 44,000 4232 ANIMAL IMPOUND FEES 1,400 1,350 1,200 1,200 1,200 1,200 1,200 4233 ACCIDENT REPORTS 292 301 300 300 300 300 300 4237 NUISANCE VIOLATION 2,650 (900) 500 1,200 500 500 500 4239 ANIMAL IMPOUND CONTRACT-RO 6,309 5,620 3,000 3,000 3,000 3,000 3,000 TOTAL PUBLIC SAFETY 176,511 152,045 160,900 178,000 160,900 163,500 163,500 PUBLIC WORKS 4258 PLANNING & ZONING FEES 17,655 (21,675) 6,000 6,500 6,000 6,000 6,000 4251 CHGS FOR STREET DEPT 12,085 11,912 3,800 10,000 3,800 7,500 7,500 4254 WEED CUTTING 8,470 1,866 3,800 3,800 3,800 3,800 3,800 4255 STREET LIGHT MAINT CHGS 151,333 159,423 150,000 150,000 150,000 150,000 150,000 TOTAL PUBLIC WORKS 189,543 151,526 163,600 170,300 163,600 167,300 167,300 PARK & RECREATION 4302 SECURITY SERVICES 2,940 (150) 1,000 - 1,000 - - 4305 MISC INCOME-BROOKVIEW 139 235 50 245 50 1,000 1,000 4306 RENTAL-BCC (PRIOR TO 2017)19,400 - - - - - 4307 PICNIC SHELTER RENTAL 35,115 33,882 32,000 22,000 32,000 22,000 22,000 4308 LIQUOR PERMIT-BV - 870 3,000 1,500 3,000 1,500 1,500 4309 ATHLETIC FACILITY RENTALS 5,617 4,816 4,500 4,500 4,500 48,000 48,000 4310 TENNIS COURT RENTAL - - - 4311.1 DAVIS CC-MEADOWBROOK RENTAL 20,004 28,343 32,000 28,000 32,000 28,000 28,000 4311.2 DAVIS CC-MEADOWBROOK PROGRAMS 4,861 8,263 8,000 8,000 8,000 8,000 8,000 4314 FINANICAL ASSISTANCE - (48) 1,500 (1,500) 1,500 (1,500) (1,500) 4315 FOOD TRUCK PERMITS 1,200 1,700 1,000 1,000 1,000 1,000 1,000 4316 SPONSORSHIPS 1,100 800 1,000 - 1,000 - - 4325.1 ADULT-ATHLETICS 10,230 9,700 14,000 18,000 14,000 18,000 18,000 4325.2 ADULT SOFTBALL 39,360 35,970 40,000 36,500 40,000 36,500 36,500 4325.3 ADULT-PROGRAMS & EVENTS 34,486 28,547 36,000 36,000 36,000 33,000 34,000 4355.2 YOUTH-SUMMER PLAYGROUND 11,872 12,944 20,000 20,000 22,000 22,000 20,000 4355.1 YOUTH-ATHLETICS 58,183 69,136 78,000 78,000 80,000 80,000 76,000 4355.3 YOUTH-PROGRAM & EVENTS 49,066 44,386 62,000 45,000 68,000 45,000 45,000 4389 FIELD MAINTENANCE FEES 13,213 12,876 12,000 12,000 12,000 12,000 12,000 4405.1 SENIOR-PROGRAMS & EVENTS 3,626 2,465 11,500 4,000 11,500 4,000 4,000 4405.2 SENIOR-TRIPS 60,296 90,105 58,000 58,000 58,000 58,000 58,000 TOTAL PARK AND RECREATION 370,708 384,840 415,550 371,245 425,550 416,500 411,500 OTHER FUNDS 4433 CHGS TO CONSTRUCTION FUND 86,780 124,628 50,000 50,000 50,000 50,000 50,000 4434 CHGS TO UTILITY FUND 275,000 275,000 275,000 275,000 275,000 275,000 275,000 4435 CHGS TO BROOKVIEW FUND 85,000 85,000 85,000 85,000 85,000 85,000 85,000 4436 CHGS TO MOTOR VEHICLE FUND 30,000 30,000 30,000 30,000 30,000 30,000 30,000 4437 CHGS TO RECY FUND 51,500 51,500 51,500 51,500 51,500 51,500 51,500 4438 CHGS TO CEMETARY FUND 200 400 4439 HRA TRANS-ADMIN 4440 CHGS TO STORM UTILITY FUND 200,000 200,000 200,000 200,000 200,000 200,000 200,000 TOTAL OTHER FUNDS 728,480 766,528 691,500 691,500 691,500 691,500 691,500 2016 2017 2018 2018 2019 2019 2020 Actual Actual Adopted Estimated Concept Proposed Concept Proposed 2019 - 2020 General Fund Revenue Report City of Golden Valley FINES & FORFEITURES 4155 COURT FINES & FORFEITURES 283,483 400,233 320,000 340,000 320,000 340,000 340,000 TOTAL FINES & FORFEITURES 283,483 400,233 320,000 340,000 320,000 340,000 340,000 INTEREST ON INVESTMENTS 4471 INTEREST ON INVESTMENTS 56,518 102,007 75,000 100,000 75,000 100,000 100,000 INTEREST ON INVESTMENTS 56,518 102,007 75,000 100,000 75,000 100,000 100,000 TRANSFERS IN 4501 PERMANENT TRANSFERS-GOLF 4501 PERMANENT TRANS-MOTOR VEH 30,000 30,000 30,000 30,000 30,000 30,000 30,000 4501 PERMANENT TRANS-TIF TOTAL TRANSFERS IN 30,000 30,000 30,000 30,000 30,000 30,000 30,000 OTHER REVENUE 4479 TOWER RENTAL 13,995 14,345 - - - - - 4480 BUILDING RENTS -BROOKVIEW GOLF COURSE 127,200 127,200 127,200 127,200 127,200 127,200 127,200 -MOTOR VEHICLE LICENSING 22,000 22,000 22,000 22,000 22,000 22,000 22,000 -VEHICLE MAINTENANCE 24,000 24,000 24,000 24,000 24,000 24,000 24,000 4478 SPECIAL ASSESS COLL-COUNTY 10,496 14,506 10,000 10,000 10,000 10,000 10,000 4483 CONTRIBUTIONS & DONATIONS 2,950 3,500 2,170 - - TOTAL OTHER REVENUE 200,641 205,551 183,200 185,370 183,200 183,200 183,200 MISCELLANEOUS COSTS 4476 BURIAL CHARGE-CEMETERY 1,500 3,000 2,000 2,000 2,000 2,000 2,000 4707 PENALTIES 4,850 5,875 - - 4474 SCRAP METAL 6,146 7,224 2,500 3,000 2,500 3,000 3,000 4486 MISCELLANEOUS RECEIPTS 1,532 336 4,500 2,500 4,500 2,500 2,500 4487 OVER AND SHORT - - 4489 ATM 463 671 800 800 800 800 800 TOTAL MISCELLANEOUS COSTS 14,491 17,106 9,800 8,300 9,800 8,300 8,300 GENERAL FUND TOTAL 18,427,102$ 20,626,423$ 20,531,400$ 20,862,635$ 21,277,545$ 21,691,575$ 22,400,695$ 2016 2017 2018 2018 2019 2019 2020 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT 001 COUNCIL 1001 COUNCIL $314,402 $302,388 $353,870 $353,875 $339,685 $339,500 $372,375 1002 CIVIL SERVICE COMMISSION 1,993 1,000 4,000 4,000 4,000 4,000 4,000 1003 HUMAN RIGHTS COMMISSION 1,873 625 3,500 3,500 3,500 3,500 3,500 1040 ENVIRONMENTAL COMMISSION - - 3,500 3,500 3,500 3,500 3,500 1050 PLANNING COMMISSION 2,187 1,582 3,820 1,925 3,820 3,820 3,820 1060 PARK & OPEN SPACE COMM 1,023 754 1,100 1,100 1,100 1,100 1,100 1070 BOARD OF ZONING APPEALS 922 558 1,145 1,145 1,145 1,145 1,145 TOTAL DIVISION (001)322,400 306,907 370,935 369,045 356,750 356,565 389,440 003 CITY MANAGER 1030 CITY MANAGER 742,151 726,963 813,410 783,145 839,510 921,015 908,260 TOTAL DIVISION (003)742,151 726,963 813,410 783,145 839,510 921,015 908,260 004 TRANSFERS OUT 1025 TRANSFERS OUT 2,220,950 2,731,420 1,982,580 1,982,580 2,207,580 2,207,580 2,432,580 TOTAL DIVISION (004)2,220,950 2,731,420 1,982,580 1,982,580 2,207,580 2,207,580 2,432,580 005 ADMINISTRATIVE SERVICES 1101 GENERAL SERVICES 715,629 745,576 758,710 756,700 777,930 776,940 796,770 1102 ACCOUNTING 285,964 298,422 300,740 302,890 309,240 310,390 318,145 1105 COMPUTER SERVICES 759,700 795,988 870,515 860,230 889,155 979,615 1,010,885 1142 ELECTIONS 51,252 20,556 57,005 57,005 27,580 27,580 59,760 TOTAL DIVISION (005)1,812,545 1,860,542 1,986,970 1,976,825 2,003,905 2,094,525 2,185,560 006 LEGAL SERVICES 1121 LEGAL SERVICES 138,215 206,807 158,100 209,655 175,000 183,340 199,115 TOTAL DIVISION (006)138,215 206,807 158,100 209,655 175,000 183,340 199,115 007 RISK MANAGEMENT 1115 INSURANCE $154,842 $225,617 $310,000 $275,000 $320,000 $310,000 $319,300 TOTAL DIVISION (007)154,842 225,617 310,000 275,000 320,000 310,000 319,300 011 BUILDING OPERATIONS 1180 BUILDING OPERATIONS 526,229 533,166 732,680 738,580 733,960 728,980 734,975 TOTAL DIVISION (011)526,229 533,166 732,680 738,580 733,960 728,980 734,975 016 PLANNING 1166 PLANNING 326,394 317,174 409,655 399,830 424,350 386,025 398,385 TOTAL DIVISION (016)326,394 317,174 409,655 399,830 424,350 386,025 398,385 018 INSPECTIONS 1162 INSPECTIONS 735,455 714,043 811,280 767,965 790,100 917,925 811,780 TOTAL DIVISION (018)735,455 714,043 811,280 767,965 790,100 917,925 811,780 022 POLICE 1300 POLICE ADMINISTRATION 921,427 984,557 1,002,300 1,002,600 1,032,850 1,083,560 1,114,485 1320 POLICE OPERATIONS 4,018,985 4,268,056 4,897,805 4,819,970 5,155,750 5,163,035 5,387,390 1321 DRUG TASK FORCE 8,717 - - - - - - / PROGRAM DIVISION CITY OF GOLDEN VALLEY PROPOSED 2019 - 2020 OPERATING BUDGET 2016 2017 2018 2018 2019 2019 2020 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY PROPOSED 2019 - 2020 OPERATING BUDGET 1323 SAFE AND SOBER 17,432 19,304 - 19,720 - - - 1130 PROSECUTION AND COURT 290,409 272,784 304,470 318,270 308,655 299,255 310,535 TOTAL DIVISION (022)5,256,970 5,544,701 6,204,575 6,160,560 6,497,255 6,545,850 6,812,410 023 FIRE 1346 FIRE ADMINISTRATION 1,246,085 1,348,890 1,561,150 1,542,185 1,539,945 1,573,875 1,603,285 TOTAL DIVISION (023)1,246,085 1,348,890 1,561,150 1,542,185 1,539,945 1,573,875 1,603,285 035 PHYSICAL DEVELOPMENT ADMIN 1400 PHYSICAL DEVELOPMENT ADMIN 290,377 293,559 309,505 307,370 317,785 316,110 325,970 TOTAL DIVISION (035)290,377 293,559 309,505 307,370 317,785 316,110 325,970 036 ENGINEERING 1420 GENERAL ENGINEERING 423,815 442,632 461,345 458,895 470,585 470,155 483,100 1425 TRAFFIC SIGNALS 51,478 48,614 49,000 49,000 49,000 49,000 53,000 1430 STREET LIGHTING 194,853 230,266 230,000 230,000 220,000 220,000 220,000 1452 MISC CONCRETE REPAIR 18,373 11,760 35,750 35,750 35,750 35,750 35,750 TOTAL DIVISION (036)688,519 733,272 776,095 773,645 775,335 774,905 791,850 037 STREETS 1440 STREET MAINTENANCE 1,357,408 1,272,534 1,594,385 1,595,605 1,618,845 1,640,840 1,678,830 1448 SNOW AND ICE CONTROL 142,385 135,639 196,540 256,030 199,440 204,690 212,800 TOTAL DIVISION (037)1,499,793 1,408,173 1,790,925 1,851,635 1,818,285 1,845,530 1,891,630 065 COMMUNITY CENTERS 1605 BROOKVIEW COMM CTR-GENERA 40,082 - - - - - - 1669 RONALD B DAVIS-MEADOWBROO 40,094 - - - - - - TOTAL DIVISION (065)80,176 - - - - - - 066 PARK AND REC ADMINISTRATION 1600 PARK AND REC ADM 675,467 738,561 737,210 749,315 756,760 815,695 843,070 TOTAL DIVISION (066)675,467 738,561 737,210 749,315 756,760 815,695 843,070 067 PARK MAINTENANCE 1620 PARK MAINTENANCE 927,613 969,722 1,010,600 1,039,720 1,062,795 1,100,580 1,135,870 1646 TREE MAINTENANCE 194,501 183,507 205,345 205,345 208,075 208,225 211,135 TOTAL DIVISION (067)1,122,114 1,153,229 1,215,945 1,245,065 1,270,870 1,308,805 1,347,005 068 PARK AND REC PROGRAMS ADULT PROGRAMS: 1596 ADULT-ATHLETICS 9,326 8,218 12,630 11,930 13,165 12,265 12,615 1597 ADULT-SOFTBALL 24,687 26,306 31,690 28,350 31,790 28,550 28,550 1680 ADULT-PROGRAMS & EVENTS 28,635 29,713 30,955 30,955 30,955 30,955 30,955 TOTAL ADULT PROGRAMS 62,648 64,237 75,275 71,235 75,910 71,770 72,120 2016 2017 2018 2018 2019 2019 2020 ACTUAL ACTUAL ADOPTED ESTIMATED CONCEPT PROPOSED CONCEPT / PROGRAM DIVISION CITY OF GOLDEN VALLEY PROPOSED 2019 - 2020 OPERATING BUDGET YOUTH PROGRAMS: 1660 YOUTH-SUMMER PLAYGROUND 72,804 46,289 72,900 72,900 72,900 62,000 62,000 1670 YOUTH-PROGRAMS & EVENTS 61,385 41,108 61,805 61,805 62,510 56,530 56,530 1673 YOUTH-ATHLETICS 11,290 29,175 57,100 52,300 57,830 58,350 58,350 1678 YOUTH-WINTER REC TRAILS 3,459 - - - - - - 1679 YOUTH-RINK SUPERVISION 25,968 21,112 29,810 29,810 30,695 25,300 25,300 TOTAL YOUTH PROGRAMS 174,906 137,684 221,615 216,815 223,935 202,180 202,180 SENIOR PROGRAMS: 1691 SENIOR-PROGRAMS & EVENTS 24,982 27,620 48,705 29,850 49,840 30,430 30,430 1694 SENIOR-TRIPS 59,853 76,245 56,200 56,200 56,200 56,200 56,200 TOTAL SENIOR PROGRAMS 84,835 103,865 104,905 86,050 106,040 86,630 86,630 RONALD B DAVIS COMM CTR: 1669 MEADOWBROOK COMM CTR - 46,860 43,590 44,090 44,270 44,270 45,150 TOTAL RONALD B DAVIS COMM C - 46,860 43,590 44,090 44,270 44,270 45,150 TOTAL DIVISION (068)322,389 352,646 445,385 418,190 450,155 404,850 406,080 GENERAL FUND TOTAL DIVISIONS 18,161,071 19,195,670 20,616,400 20,550,590 21,277,545 21,691,575 22,400,695