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10-02-18 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber October 2, 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. City Council Meeting - September 20, 2018 3-7 B. Approval of City Check Register 8 C. Minutes of Boards and Commissions: 1. Planning Commission - September 11, 2018 9-16 2. Board of Zoning Appeals - August 28, 2018 17-20 3. Environmental Commission - August 27, 2018 21-22 4. Bassett Creek Watershed Management Commission - August 16, 2018 23-29 D. Authorize 2019 Contract Extension for Brookview, Golf Maintenance Building and Park Shelters Cleaning Services 30-38 E. Authorize 2019 Contract Extension for Cleaning Services at the City Hall Campus and Fire Stations 39-46 F. Acceptance of Donation of a Memorial Tree for Medley Park 18-60 47-48 G. Approve Use of 2017 Hennepin County Affordable Housing Incentive Funds by Homes Within Reach 18-61 49-51 H. Receive and File August Financial Reports 52-65 I. Approve Agreement to Pursue the Development of an Off-Leash Pet Exercise Area Concept 66-73 J. Approve First Amendment to Agreement for Comprehensive Municipal Recycling Services 74-81 K. Authorization of Golden Valley Chief of Police as Signing Authority for the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies 18-62  82-98 4. PUBLIC HEARINGS A. Public Hearing - Ordinance No. 644 - Approval of Conditional Use Permit 161 - 2429 Douglas Drive North - Retro Companies, Inc., Applicant 99-131 B. Public Hearing - Special Assessments - 2018 Delinquent Utility Bills 18-63 132-142 C. Public Hearing - Special Assessments - 2018 Miscellaneous Charges 18-64 143-146 5. OLD BUSINESS Page 2 October 2, 2018 6. NEW BUSINESS All Ordinances listed under this heading are eligible for public input. A. First Consideration - Ordinance No. 645 - City Code Recodification 147-150 B. First Consideration - Ordinance No. 646 - Establishing a 2019 Master Fee Schedule 151-168 C. Review of Council Calendar D. Mayor and Council Communications 7. ADJOURNMENT UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA September 20, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:30 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 20, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of September 20, 2018, as submitted and the motion carried. 3A1. Approve Minutes of Special Council/Manager Meeting - June 5, 2018 3A2. Approve Minutes of Council/Manager Meeting - June 12, 2018 3A3. Approve Minutes of City Council Executive Session - September 4, 2018 3A4. Approve Minutes of City Council Meeting - September 4, 2018 3B. Approve City Check Register and authorize payment of the bills as submitted. 3C1. Receive and file the gambling license exemption and approve the waiver of notice requirement for The Community of Recovering People dba The Retreat.   3D. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - July 23, 2018 2. Board of Zoning and Appeals - July 24, 2018 3. Human rights Commission - July 24, 2018 3E1. Authorize the City Manager and Mayor to execute the School Resource Officer Service Agreement with Independent School District 281. 3F. Adopt Resolution 18-54, approving the appointment of Election Judges and Absentee Ballot Board for the General Election to be held on November 6, 2018. 3G. Receive and file the July 2018 Financial Reports. 3H. Adopt Resolution 18-55, ordering Preparation of Feasibility Report for the 2020 Pavement Management Program and authorize an agreement for Professional Engineering Services with Short Elliott Hendrickson, Inc. in an amount not to exceed $373,500. 3I. Adopt Resolution 18-56, relating to the Financing of the City’s 2020 Pavement Management Program and Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. 3J. 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. Unofficial City Council Minutes -2- September 20, 2018 4. PUBLIC HEARINGS 4A. Public Hearing - Vacate Easements at 845 Meadow Lane North Development and Assets Supervisor Eckman presented the staff report and answered questions from Council. City Attorney Cisneros answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 18-57, vacating easements at 845 Meadow Lane North upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 4B. Public Hearing - Vacate Easements at 1001 and 1005 Quebec Avenue North Development and Assets Supervisor Eckman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt Resolution 18-58, vacating easements at 1001 and 1005 Quebec Avenue North upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 5. OLD BUSINESS   6. NEW BUSINESS 6A. Revocation of Conditional Use Permit 119 - 800 Boone Avenue North Planning Manager Zimmerman presented the staff report and answered questions from Council. Mr. Randy Engle, architect with Buetow and Associates, Inc., came forward and said he was representing the business owner, Mr. Olshansky. He said Mr. Olshansky broke new ground with his adult daycare concept and added that the business owner is not refusing to comply with what the City wants. Mr. Engle provided a response to the findings listed in the staff report and said Mr. Olshansky has been trying to keep within the conditions of the Conditional Use Permit. Mr. David Olshansky, President, DRAM Properties, explained his business plan, provided a history of his company and details on his business growth since 2003. He said is his main business is adult daycare but he allows clients to schedule after hour events at his location. He said that if something were to happen during the events, he always has security on site. There was Council discussion regarding the revocation of the Conditional Use Permit for 800 Boone Avenue North. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to revoke the Conditional Use Permit 119 for 800 Boone Avenue North based on the findings contained in this staff report and the motion carried. Unofficial City Council Minutes -3- September 20, 2018 6A. Revocation of Conditional Use Permit 119 - 800 Boone Avenue - continued MOTION made by Council Member Rosenquist, seconded by Council Member Clausen 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 and the motion carried. 6B. Approve Agreements for DeCola Ponds B and C Improvement Project Development and Assets Supervisor Eckman presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. The Council thanked staff, State Representatives and the other partners involved in the project. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to approve the Grant Agreement with the Department of Natural Resources for the DeCola Ponds B and C Improvement Project and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the Cooperative Agreement with Bassett Creek Watershed Management Commission for DeCola Ponds B and C Improvement Project and the motion carried. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the Agreement with Barr Engineering Co. for the DeCola Ponds B and C Improvement Project Final Design and the motion carried. 6C. Authorize Agreement for Engineering Services for the Meadowbrook School Turn Lane Improvements City Project 18-17 Assistant City Engineer Kakach presented the staff report and answered questions from Council. City Manager Cruikshank and Development and Assets Supervisor Eckman answered questions from Council. There was Council discussion regarding the Meadowbrook School Turn Lane Improvements project. The Council thanked staff for their work on the project. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to authorize an agreement with Short Elliot Hendrickson, Inc. for the design and construction of the Meadowbrook School Turn Lane Improvements in an amount not to exceed $90,000 and the motion carried. 6D. Adopting Proposed 2019 Budget and Proposed Tax Levies Payable in 2019 Finance Director Virnig presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. There was Council discussion regarding the proposed 2019 budget and proposed Tax Levies payable in 2019. The Council thanked staff for their work on the budget. Unofficial City Council Minutes -4- September 20, 2018 6D. Adopting Proposed 2019 Budget and Proposed Tax Levies Payable - continued MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 18-59, for Proposed 2019 Budget and Proposed Tax Levies Payable in 2019 upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 6E. Review of Council Calendar Some Council Members may attend the preview of the Golden Valley Historical Society Museum on September 21, 2018, from 5:30 to 8 pm 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 located at 6731 Golden Valley Road. Some Council Members may attend the Market in the Valley on September 23 and 30, 2018, from 9 am to 1 pm on the City Hall Campus. Some Council Members may attend the Golden Valley Business Council on September 27, 2018, from 7:30 to 9 am at Brookview. The next City Council Meeting will be held on October 2, 2018, at 6:30 pm. Some Council Members may attend the League of Women Voters Candidate Forum on October 4, 2018, at 7 pm in the Council Chambers. Mighty Tidy Day will be held on October 6, 2018, from 8 am to 1pm in Brookview Park. Some Council Members may attend the Kelly Drive Pumpkin Festival on October 6, 2018, starting at 11 am located at the Kelly Drive and Duluth Street Intersection. The Golden Valley Fire Department Donut Day will be held on October 6, 2018, at 8 am at all three fire stations. 6F. Mayor and Council Communication Mayor Harris thanked the Golden Valley Arts and Music Festival and Golden Valley Golf and Lawn Bowling Classic event committee members, city staff and volunteers for making both of the events successful and fun. He also thanked the Human Rights Commission and city staff for their week of service in honor of September 11 and said he attended the PRISM Drive Out Hunger event and urged residents to drop off donations. Council Member Clausen and Rosenquist also thanked the Human Services Commission and Brookview for the Golden Valley Golf and Lawn Bowling Classic event. City Clerk Luedke said that absentee voting will begin on September 21, 2018, for the November 6, 2018, General Election. There was Council discussion regarding social media issues and the Open Meeting Laws. City Attorney Cisneros provided information on the law and answered questions from Council. Unofficial City Council Minutes -5- September 20, 2018 7. ADJOURNMENT MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist and the motion carried to adjourn the meeting at 8:40 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 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 is located on city website at the following location http://weblink.ci.golden- valley.mn.us/Public/Browse.aspx?startid=692131&dbid=2. The date of the council meeting is the current register that will be considered. Recommended Action Motion to authorize the payment of the bills as submitted. Regular Meeting of the Golden Valley Planning Commission September 11, 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, September 11, 2018. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Angell, Baker, Blum, Johnson, Pockl, and Segelbaum. Also present were Associate Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman. Commissioner Brookins was absent. 1. Approval of Minutes July 23, 2018, Regular Planning Commission Meeting Johnson referred to the discussion regarding the Future Land Use Map and noted that the southeast corner of Winnetka Avenue and Highway 55 is guided for Medium Density Residential. He questioned why the same criteria isn’t being used for the area by Wally Street when it is also along the same high intensity traffic corridor. Blum said he agrees that the area by Wally Street hasn’t been treated the same as the Winnetka Avenue/Highway 55 area. Goellner said she could pass on the Commissioners comments. Johnson said he would summarize his concerns in an email and send it to Planning Manager Jason Zimmerman. MOVED by Segelbaum, seconded by Angell and motion carried unanimously to approve the July 23, 2018, minutes as submitted. 2. Informal Public Hearing – Conditional Use Permit – 2429 Douglas Drive North – CU-161 Applicant: Retro Companies, Inc. Address: 2429 Douglas Drive North Purpose: To allow for a 22 unit senior and transitional care facility in the R-2 Zoning District. Goellner stated that this property is currently zoned R-2 and guided Medium-Low Density Residential. The future land use map guides the property Moderate Density Residential. She explained the applicant’s proposal to construct a 22-unit Residential Facility that will be licensed by the Minnesota Department of Health and will provide 24-hour care including assisted living, transitional care, and memory care. She stated that the proposed building would be two stories in height and will meet the R-2 Zoning District requirements. She added that the floor plan is designed for assisted living and that the units do not include kitchens and will share bathrooms. Minutes of the Golden Valley Planning Commission September 11, 2018 Page 2 Goellner referred to a site plan of the property and stated there are 12 parking spaces proposed and that the Zoning Code requires five parking spaces and four bike parking spaces. Goellner stated that the applicant anticipates having three shifts with three to seven employees and zero to six visitors at a time depending on the shift. She added that the applicant is interested in a potential second phase of development which would use the property to the south at 2417 Douglas Drive. She noted that any proposal for a Conditional Use Permit for this second phase would require additional public hearings. Goellner discussed the evaluation criteria used when considering Conditional Use Permits and stated that this proposal has demonstrated the need for a Residential Facility, is consistent with the Comprehensive Plan, will have no effect on property values, will have no adverse effect on traffic, and there is no significant concern regarding noise, dust, odor, vibration, and pests. She noted that the City’s Mixed-Income Housing Policy is not applicable in this case and that Commissioner Brookins questioned if stone or brick exterior materials could be used to help mitigate any negative visual impacts. Goellner stated that staff is recommending approval of the proposed Conditional Use Permit with the following conditions: 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. 3. The exterior dumpster shall be screened from view and made of material compatible with the building. Johnson questioned if this facility will serve the needs of Golden Valley residents or residents of other cities as well. Segelbaum stated that the requirement of five parking spaces seems small and questioned how the parking requirement is calculated. Goellner stated that the parking requirement is one parking space per five beds. She noted that none of the residents will have cars so the parking spaces will be used by employees. Baker stated that during holidays and other times there will be a need for additional parking and questioned where that would occur. Baker asked about the property to the north. Goellner stated that 2501 Douglas Drive is a single family home. She added that she has not been contacted by the owners of that property. Todd Ofsthun, TCO Design, discussed the exterior building materials. He stated that they will be using LP Siding and cedar shakes with different colors and that they will be using a significant amount of manufactured stone which will help the building fit in with Minutes of the Golden Valley Planning Commission September 11, 2018 Page 3 the neighborhood. He showed the commissioners a photo of their Fridley location. Blum asked if the design choices were made in order to make the building fit in a residential area. Ofsthun said yes, they are trying to give the building a house feeling. Ofsthun referred to the parking and stated that they based the number of parking spaces on their other facilities. He agreed that holidays are tougher regarding parking but they try to schedule car pools and stagger event times. He suggested that parking could occur on Wynnwood Road or at the shopping center to the north. He agreed that holiday parking will need to be addressed, but the day to day parking will be fine. Segelbaum asked how many parking spaces there are at the Fridley location. Ofsthun said there are 10 outdoor spaces, and six indoor spaces and that they also have some on-street parking available. Segelbaum asked if that has been sufficient. Ofsthun said yes. Blum referred to the site plan and asked about the spaces in the parking lot that have diagonal lines drawn through them. Ofsthun explained that the hatched areas shown on the site plan are loading/unloading areas and ADA areas. Blum asked if that means that there are actually only nine parking spaces that are able to be used. Ofsthun said no, there 12 parking spaces total. Johnson asked the applicant if this facility will be for Golden Valley residents. Ofsthun stated that they need to keep the facility full. He added that they could possibly give some priority to Golden Valley residents, but that they could not guarantee that. Don Krause, Property Owner, stated that there is a very large need for this type of facility and that they will only be meeting 25% of the need. He added that patients will come from all the hospitals in the area and that the potential second phase will help with the need as well. Baker asked what the capacity of the second phase would be. Krause stated that the second phase would be almost identical to this first phase. Baker commented that this is not a senior living facility, but rather a facility for people coming out of a hospital and waiting for a longer term facility. Krause agreed. Segelbaum noted that there will be medical transports brought to the site and asked about the plan for how patients are brought into the building. Krause stated that the loading area is accessible and will be used to bring patients in and out. Ofsthun added that the driveway will be 24 feet wide with plenty of room to maneuver around this small facility. Baker asked the applicant if they will provide any financial assistance. Krause explained that at this time there is a financial level they have to hit in order to provide this type of specialty care. He said he would consider allowing a small portion of the building to be used for people who need financial assistance. Minutes of the Golden Valley Planning Commission September 11, 2018 Page 4 Baker referred to the third condition in the staff report and said it should be reworded to state that the screening, not the dumpster, should be made of materials compatible with the building. Pockl asked about the plans for the south side of the property. Ofsthun said that will be green space, maybe with a walking path. Blum asked about snow storage plans. Ofsthun said if there is a major amount of snow it will be removed from the site and that regular amounts of snow will be pushed alongside the driveway and near the dumpster. Johnson asked about the proposed porous asphalt shown on the plans. Ofsthun stated that they have used porous asphalt in other projects they’ve done. He explained that it looks like regular pavement but it allows water to filter through it and infiltrate into the ground below it so it is good for stormwater management. Blum asked if it was correct to say that 30% of the asphalt would be porous asphalt. Ofsthun stated that approximately two-thirds of the asphalt would be porous asphalt. Angell asked if the regular asphalt areas will drain toward the street or toward the porous areas. Ofsthun said the site slopes slightly from the west toward the street. Pockl referred to the renderings and asked about the third story window when this is a two-story building. Ofsthun stated that is just a window in the gable and not a third story. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Baker said he is concerned about the amount of parking. He suggested adding a condition that requires them to use a shuttle at certain times or to have a plan to deal with any potential issues. Segelbaum stated that the applicant could require their employees to park off site during certain events. He added that the Zoning Code requires five parking spaces and that the applicant is providing 12. Blum stated that the Commission could use the adequacy of the parking as a part of their evaluation of the Conditional Use Permit. Baker reiterated that he wants some sort of commitment from the applicant to address the parking concerns. Goellner suggested adding a condition that requires a plan for parking that is satisfactory to the City Attorney. Segelbaum said that would be reasonable. Johnson asked why the plan couldn’t be satisfactory to the City Manager instead. Blum suggested the language state that the plan needs to be satisfactory to the City. Goellner said she would add that as a fourth condition of approval. Blum referred the City Engineer’s staff report and noted that a lot of the requirements are “musts” but when it came to removing buckthorn from the property the memo says “recommends.” He stated that it is required by law to remove invasive species so it seems appropriate to make that a requirement. He also suggested that there be a required amount of time for removal and that it should be maintained for the duration of the CUP. Goellner noted that there is a statement in the staff report which states that the Minutes of the Golden Valley Planning Commission September 11, 2018 Page 5 approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Blum said he thinks they need to clarify it in the CUP as a condition because residents have asked the City to do this. Goellner noted that the tree and landscaping ordinances can also be used to make sure buckthorn is removed. Blum said he doesn’t want it to be thrown by the wayside and that he wants it to be condition of approval, not just a recommendation. Johnson said he doesn’t think they need to make it more complicated than to say they have to follow all the rules. He added that there are a number of rules that the applicant will have to follow without calling them all out. Blum questioned how the City addresses what they have heard from the public. Baker said he agrees that removing buckthorn is important, but he agrees with Commissioner Johnson that it is not more important than all of the other rules and laws the applicant will have to follow. Blum said thinks the application was done well, but none of the items in the applicant’s narrative get put into an agreement and they aren’t requiring anything that is asserted in the application. He said he would like to see some assurances that the things mentioned in the application actually happen. Baker asked Blum is there is anything in particular from the applicant’s narrative he would like to see added to the approval. Blum said he thinks it is reasonable to say that the whole document should be part of the approval and that the applicant should be held to the things they are asserting. Baker noted that an applicant’s narrative is more aspirational than firm or set in stone at this point in the process. Ofsthun said he would agree with adding their narrative to the conditions of approval. Segelbaum questioned why the Planning Commission hasn’t required that for every petition they’ve heard and said he always assumed that was the case already. Goellner noted that there is going to be some training regarding Conditional Use Permits in October. She stated that the training will discuss how much applicants are held to, what the City is allowed to require, the legal implications, etc. She added that the City Attorney is recommending the conditions of approval listed in the staff report. Blum said in effect staff is asking the Planning Commission to disregard what the applicant has submitted. Segelbaum said he thinks the Planning Commission has to accept what the City Attorney has recommended or table this proposal to get further clarification. Baker said it doesn’t seem fair to table this particular application. Blum said he just wanted to be clear that they are disregarding the applicant’s assertions. Segelbaum said that if there is something they feel strongly about it should be made a condition. Angell asked Goellner if the applicant’s narrative is taken into account when writing the staff report. Goellner said yes and explained that conditions of approval should be related directly to the impact of the specific use of a 22-unit residential facility. She added that staff relies on all of the City’s ordinances to address problems that may come up with properties that have, or don’t have, a Conditional Use Permit. Blum referred to the staff’s recommendation regarding delivery times and noted that it addresses a delivery time for drop-off’s in the morning, but it does not recommend a time in the evening. Baker suggested the delivery times be 8 am to 8 pm. Segelbaum suggested 8 am to 5 pm since there are single family residential properties nearby. He Minutes of the Golden Valley Planning Commission September 11, 2018 Page 6 added that that this appears to be the sort of care facility that is needed, the building looks nice, and will be an asset to the community. Baker added that it is also in a terrific location and he is impressed with the application submittal. Blum agreed that the building looks like it will meld into the surrounding residential area. MOVED by Segelbaum, seconded by Pockl and motion carried unanimously to recommend approval of Conditional Use Permit #161 subject to the following findings and conditions: Findings 1. Demonstrated Need for the Proposed Use: The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. Consistency with the Comprehensive Plan: The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density: The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Mixed Income Housing Policy: This proposed Residential Facility is exempt from the Mixed Income Housing Policy requirements because it is not a market rate residential rental development. The proposed building is designed for residents requiring 24-hour medical care and does not include any units designed for independent living. 7. Increase in Noise Levels: This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 8. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 9. Impact of Pests: The proposed use is not anticipated to attract pests. 10. Visual Impact: The proposed facility adheres to the R-2 zoning requirements and is designed to fit the character of the surrounding neighborhood. The building orientation on the site allows for the front side of the facility to look similar in size to a single family home while extending further back into the site. It would have minimal visual impact and would be consistent with other properties in the area. 11. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. Minutes of the Golden Valley Planning Commission September 11, 2018 Page 7 Conditions 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur between 8 am and 5 pm on weekdays and weekends. 3. The exterior dumpster shall be screened from view. The screening shall be made of material compatible with the building. 4. A plan addressing parking for planned events will be subject to review by the City. 3. Draft 2040 Comp Plan Update – Public Comments Goellner explained that the public comment period for the Draft 2040 Comp Plan Update ended July 15. Staff will be working on incorporating the comments into the Plan and would like to know if there are any items on the list in the agenda packet that stand out to the Planning Commission or anything the Planning Commission wants staff to follow-up on. She stated that the Plan will be coming to the Planning Commission in November for a public hearing. Segelbaum suggested organizing the comments by chapter. Blum suggested adding the survey comments to get a larger response pool in order to give proper weight to particular issues. Segelbaum agreed that all of the comments made should be added. Goellner stated that all of the comments have been added. Baker asked if staff has heard from any of the adjacent cities. Goellner said no, but they have until November to respond. Johnson referred to the comment asking that the word “citizen” be replaced with the word “resident.” He said the word “citizen” is actually more inclusive so he suggests defining the words or using the same logic in the whole document. Goellner stated that staff is going to talk to the City’s Communications Manager and the HR Director about which term to use. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 5. Other Business • Council Liaison Report Minutes of the Golden Valley Planning Commission September 11, 2018 Page 8 Council Member Schmidgall stated that the Council will be discussing the Mixed Use ordinance revisions and the budget at their next Council/Manager meeting. Schmidgall noted that the Arts and Music Festival is occurring on September 15. Schmidgall stated that the new Latitude 14 restaurant is opening soon and Under Pressure Brewery is still working on their space. 6. Adjournment The meeting was adjourned at 8:38 pm. ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals August 28, 2018 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, August 28, 2018, at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chair Orenstein called the meeting to order at 7 pm. Those present were Members Orenstein, Perich and Planning Commission Representatives Baker, Blum (arrived at 7:10) and Johnson. Also present were Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. I. Approval of Minutes – July 24, 2018, Regular Meeting MOVED by Perich, seconded by Orenstein and motion carried unanimously to approve the July 24, 2018, minutes as submitted. II. The Petition(s) are: 2145 Brunswick Avenue North Grant Tsuchiya, Applicant Request: Waiver from Section 11.21, Single Family Zoning District, Subd. 11(A)(3)(b) Side Yard Setback Requirements • 5.5 ft. off the required 12.5 ft. to a distance of 7 ft. at its closest point to the side yard (north) property line. Purpose: To allow for the reconstruction of a deck. Goellner referred to a site plan of the property and explained the applicant’s request to reconstruct an existing deck in the same location. The deck will be located 7 ft. from the north property line rather than the required 12.5 ft. Goellner explained that the existing deck was built by a previous homeowner in a nonconforming location, the current footprint of the deck is not expanding, and that a doorway to the deck already exists. Goellner stated that staff is recommending approval of the requested variance because replacing the deck in the same location would not alter the character of the neighborhood and the size of the variance cannot be reduced in a practical way. Perich asked if there have been different side yard setback requirements in the past. Goellner said she didn’t know the history of the side yard setback requirements for this property, but that staff was unable to locate an original building permit for the existing deck. Randal Thole, representing the property owner, said the existing deck is in disrepair. He stated that they are planning on moving the deck forward slightly, but no closer to the side yard (north) property line. Minutes of the Golden Valley Board of Zoning Appeals August 28, 2018 Page 2 Orenstein opened the public hearing. Seeing and hearing no one wishing to comment, Orenstein closed the public hearing. Johnson said the request is reasonable and the deck at this point is part of the locality. MOVED by Perich, seconded by Johnson, and motion carried unanimously to approve the variance request for 5.5 ft. off the required 12.5 ft. to a distance of 7 ft. at its closest point to the side yard (north) property line to allow for the reconstruction of a deck. Blum abstained from voting. 1250 Zane Avenue North Acoustics Associates, Applicant Request: Waiver from Section 11.35, Light Industrial Zoning District, Subd. 6(C)(4) Rear and Side Yard Landscape Setback Requirements • 10 ft. off of the required 10 ft. to a distance of 0 ft. at the parking lot’s closest point to the side yard (south) property line. Purpose: To allow for the repaving of the existing parking lot Goellner referred to a location map and a site plan of the property and explained the applicant’s proposal to repave their existing parking lot. She noted that the parking lot is in poor condition and that the existing pavement goes right up to the south property line without the 10 ft. of required landscaped area. Goellner stated that staff is recommending approval of the requested variance because resurfacing the parking lot in the same footprint would not alter the essential character of the area, the parking lot to the south was recently reconstructed and includes the proper landscaped buffer, and the requested variance allows the building’s loading docks to be utilized for activities consistent with the Comprehensive Plan and Zoning Code. Perich asked where on the site the 10 ft. buffer area would be located. Goellner showed the approximate location on the site plan. Baker asked why the parking lot is shaped the way it is and why the paved area isn’t along the entire southern property line. Johnson said that the amount of pavement is probably the area they need for their semi-trucks to maneuver. Blum asked about the distance from the building to the south property line. Sean Grefsheim, Project Manager, Acoustics Associates, stated that there is 76 ft. between the building and the edge of the parking lot. Blum asked Goellner how current the photos she referred to in her presentation were. Goellner said she took the photos two weeks ago. Minutes of the Golden Valley Board of Zoning Appeals August 28, 2018 Page 3 Johnson asked if there is supposed to be a curb around the parking lot. Goellner said it depends if the parking lot is being repaved or reconstructed. If the applicant reconstructs the parking lot curb and gutter would be required. Blum asked if the variance request is to allow pavement along the entire length of the side yard. Goellner explained that the request is to allow for the same footprint as is there today. Grefsheim stated that if they don’t receive the variance they just won’t repave the parking lot because they won’t be able to use it if they meet the setback requirement. He added that they would like the pavement to be at zero feet for the entire length of the south property line and that staff has told him that they will have to install curb and gutter. Blum noted that the photos show cars parking along the southern property line and asked if that is normal. Grefsheim said yes and added that a semi-truck clipped one of the pick-up trucks parked in that area. Blum stated that cars parking in that area is a factor as to why semi-trucks can’t maneuver. Blum asked if there are three loading docks. Grefsheim said there are two loading docks that are approximately 10 feet wide. Blum asked if the dumpster shown in the photos is blocking one of the loading docks. Grefsheim said yes. Blum asked Grefsheim if they store pallets on the property. Grefsheim said yes, they store some pallets on the property. Blum questioned if they need the entire parking lot area to maneuver trucks if they are only using one loading dock. Grefsheim said yes and explained how the semis have to curve around and back into the loading docks. Johnson stated that in logistics it is typical to plan for 125 ft. to maneuver so what the applicant is saying seems right. Orenstein opened the public hearing. Seeing and hearing no one wishing to comment, Orenstein closed the public hearing. Baker said the request seems reasonable and it appears that the applicant needs this much space to maneuver their trucks. Johnson agreed and added that there needs to be some alignment with staff regarding the need for curb and gutter. Goellner reiterated that requiring curb and gutter depends on whether a parking lot is being repaved or reconstructed. Baker asked Grefsheim if they are planning on reconstructing the parking lot. Grefsheim said yes, they are planning on reconstructing the parking lot and adding curb and gutter. Perich said the variance request seems reasonable. He added that if they don’t repave the parking lot it will just look worse, the current landowner didn’t construct the parking lot, and a new parking lot will improve the character of the area. Blum said he doesn’t feel comfortable justifying a variance by using the idea that the current landowner didn’t cause the non-conformity because he thinks that is a good way for the current landowner to wash away the fact that there was a nonconforming parking lot when Minutes of the Golden Valley Board of Zoning Appeals August 28, 2018 Page 4 they purchased the property. Baker asked Blum what a better way for this to unfold would have been. Blum said it might include requiring a Conditional Use Permit or a Planned Unit Development which requires a thorough review when requests are made. He added that asking for carte blanche variances because the nonconformity was just there already makes him uncomfortable. Johnson stated that if that is the case then the City should be policing what is nonconforming and requiring that they be made conforming because the person taking the initiative should not bear the sins of the former property owner. Blum questioned if there isn’t a better vehicle to use than the variance process. Goellner explained that a Conditional Use Permit is used in regard to the use of the property and that requesting a variance is the proper and only process to use for waiving from the setback requirements of the Zoning Code. Blum said he doesn’t agree and he doesn’t think the Board is restricted from asking for certain things. He said they are being asked to give the whole thing away just because the property is currently nonconforming. Perich stated that the nonconforming status of the property is just one of the justifications, not the only reason, used in determining a variance request. He added that he would be in favor of granting the requested variance. Blum stated that it is a justification as long as the other elements are fulfilled and questioned if the property was nonconforming, but the request was totally unreasonable if the Board would grant a variance. Perich said no, and reiterated that the nonconforming status is one of the elements they consider. MOVED by Baker, seconded by Perich and motion carried unanimously to approve the variance request for 10 ft. off of the required 10 ft. to a distance of 0 ft. at the parking lot’s closest point to the side yard (south) property line to allow for the repaving/reconstruction of the existing parking lot. III. Other Business No other business was discussed. IV. Adjournment The meeting was adjourned at 7:36 pm. _____________________________ __________________________ Richard Orenstein, Vice Chair Lisa Wittman, Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting, Minutes August 27, 2018 Commissioners Present: Tracy Anderson, Tonia Galonska, Dawn Hill, Joseph Ramlet, Scott Seys and Debra Yahle Staff Present: Eric Eckman, Development and Assets Supervisor and Claire Huisman, Administrative Assistant Absent: Commissioners Lynn Gitelis and Jim Stremel Call to Order Chair Hill called the meeting to order at 6:28 pm. Approval of Regular Meeting Minutes MOVED by Galonska, SECONDED by Anderson, and the motion carried unanimously to approve the minutes of the July 23, 2018 regular meeting. Energy Consumption Update Eckman presented data on the City’s energy consumption for buildings and facilities as well as traffic and street lights. Since 2008, the City has been collecting and tracking its energy consumption data. Due to the implementation of energy-saving projects in recent years, such as building remodels, addition of solar arrays and the switch to LED lighting, the City has noticed a reduction in its energy cost and carbon emissions. These projects were done by using a combination of City funds, state and federal grant money, and public and private partnerships. GreenStep Cities - Step 4 – Buildings and Lighting After discussion of Step 4 core topic Buildings and Lighting, the Commission made the following motion. MOVED by Seys, SECONDED by Yahle and the motion carried unanimously to approve the entry for Step 4 Buildings and Lighting into the GreenSteps Cities website at the time when all core topic areas and optional topic areas are completed. GreenStep Cities – Step 4 – Renewable Energy After discussion of Step 4 core topic Renewable Energy, the Commission made the following motion. MOVED by Galonska, SECONDED by Yahle and the motion carried unanimously to approve the entry for Step 4 Renewable Energy into the GreenSteps Cities website at the time when all core topic areas and optional topic areas are completed. Program/Project Updates In discussion, Commission members were encouraged to volunteer to help collect data at the Third Annual Countywide Bicyclist and Pedestrian Count put on by Hennepin County and the City of Minneapolis. The Recycling and Solid Waste items were also discussed. Commission comments included: • Rebroadcasting the panel discussion through a video on the City website. Minutes of the Environmental Commission August 27, 2018 Page 2 of 2 • Provide a way on the City website that residents can give feedback after attending or listening to the Panel Discussion event. • Conduct an online survey of the residents’ comments and concerns regarding the City’s solid waste issue • The Panel Discussion should not be the residents’ only source of information. In regards to the recycling contract extension, negotiations will include: fixed rate structure; 50/50 revenue share; three year extension with provision to negotiate curbside organics collection before the end of the contract if necessary. Commission members would also like to add a requirement that the recycling provider makes tours available to the public of the recycling facility (MRF). Commission members would also like to add to the contract negotiations that the recycling facility would offer tours to the public. It was also noted that the list of what can and cannot be recycled through Republic Services needs to be updated on the City website. The complete Program/Project Update is on file. Other Business Joe Ramlet stated that with the help of the City, he and his Eagle Scout friend were able to complete an erosion control project on Bassett Creek which included installing and burying bio-logs and planting native vegetation. Adjourn MOVED by Ramlet, SECONDED by Anderson, and the motion carried to adjourn the meeting at 8:07 pm. Claire Huisman Administrative Assistant 1. CALL TO ORDER and ROLL CALL On Thursday, August 16, 2018 at 8:33 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair de Lambert opened the meeting of the Bassett Creek Watershed Management Commission (BCWMC), but there was not a quorum. Administrator Jester began meeting by giving an overview of agenda item 6C until Commissioner Scanlan arrived. At 8:40 a quorum was achieved, and the meeting was called to order. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Vacant Position Vacant Position Absent Golden Valley Stacy Harwell Jane McDonald Black Jeff Oliver, Eric Eckman Medicine Lake Absent Gary Holter* Absent Minneapolis Absent Vacant Position Absent Minnetonka Absent Absent Absent New Hope Absent Pat Crough Megan Albert Plymouth Jim Prom John Byrnes Derek Asche Robbinsdale Michael Scanlan Absent Marta Roser, Richard McCoy St. Louis Park Jim de Lambert Patrick Noon Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Barr Engineering Recorder Dawn Pape, Lawn Chair Gardener Creative Services Legal Counsel Troy Gilchrist, Kennedy & Graven Presenters/ Guests/Public Michelle Kimble, Barr Engineering; Greg Wilson, Barr Engineering *Arrived after business started Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, August 16, 2018 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC August 16, 2018 Meeting Minutes Page 2 of 7 2. CITIZEN FORUM ON NON-AGENDA ITEMS None. 3. APPROVAL OF AGENDA MOTION: Commissioner Harwell moved to approve the agenda. Commissioner Prom seconded the motion. Upon a vote, the motion carried 5-0. [Cities of Crystal, Medicine Lake, Minneapolis, and Minnetonka absent from the vote.] Agenda items were taken out of order due to not having a quorum at the beginning of the meeting. 4. CONSENT AGENDA The following items were approved as part of the consent agenda: July 2018 commission meeting minutes, August 2018 financial report, payment of invoices, approval to adopt minor amendment to 2015 Bassett Creek Watershed Management Plan The general and construction account balances reported in the February 2018 Financial Report are as follows: Checking Account Balance $ 611,156.37 TOTAL GENERAL FUND BALANCE $ 611,156.37 TOTAL CASH & INVESTMENTS ON-HAND (7/11/18) $ 3,201,129.12 CIP Projects Levied – Budget Remaining ($4,041,205.36) Closed Projects Remaining Balance ($ 840,076.24) 2012-2016 Anticipated Tax Levy Revenue $ 4,537.93 2017 Anticipated Tax Levy Revenue $ 3,895.88 Anticipated Closed Project Balance ($831,642.43) MOTION: Commissioner Prom moved to approve the consent agenda. Commissioner Harwell seconded the motion. Upon a vote, the motion carried 5-0. [Cities of Crystal, Medicine Lake, Minneapolis, and Minnetonka absent from the vote.] 6. BUSINESS C. Presentation on Sweeney Lake Aeration Study Results Administrator Jester gave an overview of the lake’s water quality and stratification process. Greg Wilson, from Barr Engineering, presented the Sweeney Lake Aeration Study results with a detailed PowerPoint presentation. Engineer Wilson reported that the aeration of the lake during the summer months does not eliminate anoxia at the bottom of the lake, so phosphorus continues to be released and available for algal growth. [Alt. Commissioner Holter arrives.] Engineer Wilson reported that without aeration, there is much less total phosphorus in the upper layers of the lake. He showed the results of 3-D modeling that was used to look at the total phosphorus, dissolved oxygen, and algal growth throughout the lake and over time. Engineer Wilson described that 2017 data were not used in the model because it BCWMC August 16, 2018 Meeting Minutes Page 3 of 7 was a perfectly average year, and that data from 2008 and 2014 were used to calibrate the model for dry and wet years, respectively. Engineer Wilson showed a time lapse movie of the 3-D model and how the total phosphorus moved in the water column. He described how an alum treatment works and why it would improve water quality in Sweeney Lake. In his conclusion, he made three points: 1. Internal loading is a very important source of phosphorus in Sweeney Lake 2. Turning off the aeration system would likely drop the phosphorus concentration by 10—30% in the upper layers of the lake 3. An in-lake alum treatment would help meet water quality goals. After treatments are done, using the aeration system again would be an option. Engineer Wilson recommended that aerators be turned off during summer months until an alum treatment can be implemented. Chair de Lambert asked what the BCWMC should do now. Administrator Jester explained that the Commission might want to consider an alum treatment for a future CIP project. Engineer Wilson commented that alum treatments are significant projects and would cost approximately $400,000-500,000 in Sweeney Lake. Administrator Jester also reported that this same presentation was given to a group of 23 lake residents on August 1st. She noted that the meeting included great small group and large group discussions about the health and status of the lake now and over the years. She noted the residents agreed it probably doesn’t make sense to keep the aerators on in the summer and that they should continue to converse about how and when to implement an alum treatment. Alt. Commissioner McDonald Black asked about the cost per pound of phosphorus removal for alum treatment and Engineer Wilson replied that it is generally the most economical project on a cost per pound removal basis. A discussion of phosphorus sources ensued. Engineer Wilson pointed out that the Total Maximum Daily Load Study performed in 2011 assigned an almost even split between internal and external phosphorus loads. Commission Engineer Chandler added that the watershed best management practices (BMPs) already put in place over the last several years have helped reduce the external loading and she noted there is definitely less phosphorus from Schaper Pond coming into the lake now. Commissioner Scanlan asked about education and outreach to the residents regarding actions they can take to reduce external phosphorus loads. TAC member, Eric Eckman, replied that there is a robust educational effort in that area. Administrator Jester noted it may be difficult to get State grants for an alum treatment because the public access on Sweeney is limited to a canoe launch. Commissioner Prom noted that Bass Lake in his community received State grant funds for an alum treatment and that the lake doesn’t have public boat access, only a public pier. Administrator Jester indicated she would follow up with BWSR on the likelihood of receiving grant funds for such a project on Sweeney. 5. PUBLIC HEARING At 9:17 Chair de Lambert opened the public hearing to receive comments on proposed 2019 CIP Projects: DeCola Ponds B & C Improvement Project (BC-2,3,8) and Westwood Lake Water Quality Improvement Project (WST-2). There were no members from the public present and no questions or comments from Commissioners. The hearing was closed at 9:18 a.m. 6. BUSINESS A. Consider Approval of Resolution 18-05 Ordering 2019 improvements i. Ordering 2019 improvements ii. Making Findings Pursuant to Minnesota Statutes Section 103B.251 iii. Certifying Costs to Hennepin County BCWMC August 16, 2018 Meeting Minutes Page 4 of 7 iv. Approving Agreement with City of Golden Valley for Construction of DeCola Ponds B & C Improvement Project (BC- 2,3,8) v. Approving Agreement with City of St. Louis Park for Construction of Westwood Lake Water Quality Improvement Project (WST-2) Administrator Jester noted the various actions the resolution covers (as noted above) and gave a brief overview of the recommended 2019 final tax levy which is the same as the maximum levy submitted to Hennepin County earlier in the year. She also noted that the agreements with the cities had been reviewed by the Commission Counsel Gilchrist and city attorneys and appropriately revised. MOTION: Commissioner Scanlan moved to approve Resolution 18-05. Commissioner Harwell seconded the motion. Upon a vote, the motion carried 5-1. [Cities of Crystal, Minneapolis, and Minnetonka absent from the vote. City of Plymouth voted against the motion. Commissioner Prom noted that he was opposed to the Westwood Lake Project.] B. Consider Approval of 90% Design Plans for Westwood Lake Improvement Project (WST-2) Michelle Kimble, from Barr Engineering, reviewed the 90% designs for the Westwood Lake. She noted there were no major changes from the 50% plans, aside from more detail to the components and the educational pieces. She reported on the five key components: 1. Pumps, storm sewer, and structures. The storm sewer and structures will store stormwater runoff from a majority of the building roof and the surrounding areas on the north side of the building. Solar- and hand-powered pumps, located on a patio, will be used to pump the water from the underground storage to the upstream end of the constructed stream. The pump patio will also include a large sign describing the hydrologic cycle, how the system mimics the cycle, and how this connects to everyday life. A rain gauge and manhole will be installed near the pump patio to show how much water is in the underground storage. Staff will be able to measure, or have children measure, the amount of rainfall in the rain gauge on a daily basis, and equate that to how full the storage pipes are. Staff can also create curriculum about the hydrologic cycle, and illustrate concepts like infiltration and evaporation with the system. 2. Intermittent stream and small lined ponds. The runoff and pumped water will flow through a series of lined ponds, stream sections, and trench drains at three locations. 3. Bog. A bog will be created near the building, adjacent to the lower pool. The bog is a modification from the feasibility study, but it furthers the BCWMC goals of increasing water quality treatment and providing educational opportunities, as well as unique habitat. The water source for the bog will be the solar pump that will pump water from the underground storage to the bog. Educational signage will be included at the east end of the bog, and nature center staff plan to build a curriculum around bogs to teach children more about the habitat. 4. Access points. The stream will have several access points for people to explore. Access will be achieved through stone steps leading from sidewalks to the bottom of the stream. 5. System overflow. When the underground storage and above ground sand filter area are full, water will overflow into a biofiltration basin to the west. If the biofiltration basin is full, water will overtop the trail to the west and flow into Turtle Pond or down to Westwood Lake. Chair de Lambert asked about a sign dedicated to the watershed. Administrator Jester noted there is $11,000 left in the CIP budget that can be used to design and fabricate a sign. She recommended engaging the Education Committee to BCWMC August 16, 2018 Meeting Minutes Page 5 of 7 help develop the content and graphics for the sign. Commissioner Harwell asked if BCWMC logo will be on the signs. Engineer Kimble confirmed that would be the case. Commissioner Harwell also asked if an educational sign about chlorides could be developed. Engineer Kimble noted that it would make sense to include that messaging near the porous portion of the parking lot and that she would discuss that with nature center staff. MOTION: Commissioner Scanlan moved to approve the 90% Design Plans for Westwood Lake Improvement Project (WST-2). Alt. Commissioner Holter seconded the motion. Upon a vote, the motion carried 5-1. [Cities of Crystal, Minneapolis, and Minnetonka absent from the vote, City of Plymouth voted against the motion.] D. Review Status of 2018 Operating Budget Administrator Jester walked through the over-budget items including the Sweeney Lake Aeration Study. She reminded commissioners that the study was inadvertently left out of the 2018 budget and was therefore already at a deficit of $20,760. Administrator Jester reported that in addition to the budget deficit for this study, the study ended up costing much more to complete than originally estimated. Engineer Chandler provided explanations for the over-budget Sweeney Lake Aeration Study work, noting that the modeling was intense and faster than their budget tracking. She noted that a new model was used that took extra time to learn and troubleshoot; the model had bugs and Barr had to pay the model developer to help fix the bugs. She explained that she typically brings situations like these to clients’ attention earlier, and apologized for it not happening for this project. Engineer Chandler said that in June it was realized that there would be problem, but she didn’t know the extent of the problem until later in July, so it was difficult to bring the additional costs to the Commission any sooner. She also noted that there was unanticipated civic engagement work that included developing a complex PowerPoint presentation for a public meeting, a longer fact sheet, and more engagement and questions from residents. Engineer Chandler reported that Barr Engineering was covering $4,700 of the budget overage. It was noted that the City of Golden Valley offered to pay $5,000 toward the civic engagement tasks, which brings the total over-budget amount to $39,260. Commissioner Harwell commented that she can appreciate the complexity of the model which resulted in a quality product. Administrator Jester noted that the Commission had several options moving forward including paying the Commission Engineer for the total over-budget amount (less city and Barr contributions), not paying any of the over-budget amount because the proposal for the work was considered a “not to exceed” amount, or some combination of the two. She recommended that the Commission pay the entire over-budget amount because it was real work that was performed on behalf of the Commission. MOTION: Alt. Commissioner Crough moved to pay the budget amount (less Golden Valley and Barr Engineering contributions) to Barr Engineering. Alt. Commissioner Holter seconded the motion. Discussion: Commissioner Prom suggested that Golden Valley pay half of the over-budget amount. TAC member Jeff Oliver indicated the city didn’t have funds to pay half. Upon a vote, the motion carried 6-0. [Cities of Crystal, Minneapolis, and Minnetonka absent from the vote.] There was further discussion after the vote about whether a policy was needed regarding paying for work when it goes over budget. Chair de Lambert replied that he didn’t think a policy is needed for isolated incidences like this. Commissioner Prom said he thought that was fair. BCWMC August 16, 2018 Meeting Minutes Page 6 of 7 Administrator Jester walked the Commission through the second part of the budget issues noting several areas that are or are expected to be over budget by the end of the fiscal year including non-fee/preliminary reviews, and municipal plan reviews. She also noted areas that are expected to be under budget by the end of the year. She reported that overall, she expects the total 2018 Operating Budget to be approximately $48,700 over budget and that amount would come from the fund balance. She noted the resulting fund balance would still be within the accounting guidance to remain at approximately 50% of annual operating costs. She recommended that the Commission acknowledge the situation and monitor future activities and expenditures closely. MOTION: Commissioner Scanlan moved to address the budget situation monthly. Commissioner Prom seconded the motion. Discussion: Alt. Commissioner Byrnes noted that the budget should be better balanced when developing the 2020 budget. Alt. Commissioner McDonald Black noted that the Operating Budget has been relying on use of the fund balance for years and that will need to end in 2020. Upon a vote, the motion carried 6-0. [Cities of Crystal, Minneapolis, and Minnetonka absent from the vote.] E. Consider Approval of 2019 Operating Budget Administrator Jester recommended approval of the budget as proposed in May. TAC member Derek Asche added that he appreciated keeping the assessment under a 3% increase. MOTION: Commissioner Harwell moved to approve the 2019 operating budget as presented. Commissioner Prom seconded the motion. Upon a vote, the motion carried 6-0. [Cities of Crystal, Minneapolis, and Minnetonka absent from the vote.] 7. COMMUNICATIONS A. Administrator’s Report – Administrator Jester noted her written report in the meeting packet. She also reminded commissioners about the September 15th Golden Valley Arts and Music Festival, noting she was looking for volunteers for the BCWMC table. Commissioner Scanlan volunteered. She further noted the following: i. Master Water Stewards Recruitment – Looking for people interested in becoming a Master Water Steward. Informational meetings are coming up. ii. Update on Smart Salt Certification Course – Cities were asked to help recruit participants. iii. Update on Water Resources Conference Abstract Submittal – An abstract for a presentation on the BCWMC AIS Rapid Response Plan was accepted. B. Chair Nothing to report C. Commissioners i. Scanlan thanked staff for their hard work. Crough (unofficially) seconded it. D. TAC Members Nothing to report E. Committees i. CIP Prioritization Committee met F. Legal Counsel Nothing to report. Thanked Administrator for drafting documents to make his time more efficient. BCWMC August 16, 2018 Meeting Minutes Page 7 of 7 G. Engineer i. AIS in Medicine Lake: Starry stonewort has been found in Medicine Lake, approximately 14 acres in and around the boat launch in French Regional Park. Three Rivers Park District is working with the MnDNR on treatments through the rest of the summer and the launch inspections have increased. ii. Zebra mussels are reproducing in Medicine Lake according to an MnDNR scuba survey. Barr would like to have a discussion with TRPD and MnDNR about treatment and control. iii. Schaper Pond survey indicates huge number of carp; a more formal report and recommendations will come to a future meeting. 8. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates Chart http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet D. Final Grant Report: Clean Water Fund, Northwood Lake Improvement Project E. Interim Grant Report: Met Council Stormwater Harrison Neighborhood Project F. WCA Notices of Application and Decision, Plymouth 9. ADJOURNMENT The meeting adjourned at 10:28 a.m. ________________________________________ Signature/Title Date ________________________________________ Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. D. Authorize 2019 Contract Extension for Brookview, Golf Maintenance Building and Park Shelters Cleaning Services Prepared By Marc Nevinski, Physical Development Director Maria Cisneros, City Attorney Summary The City’s contract for professional cleaning services with Perfection Plus, Inc. (“Perfection Plus”) expires on December 31, 2018. This contract provides for cleaning services at Brookview, the golf maintenance building and certain park shelters. Brookview offices and common areas, and the golf maintenance building, are cleaned on a regular schedule with an established annual cost of $48,912. This is an increase from the price agreed to in 2017. The increase reflects the fact that the cleaning schedule was changed from six to seven days per week. The cost for the additional day per week of cleaning is $525 per month. Banquet rooms at Brookview and the various park shelters are cleaned on an as-needed basis, generally following rental of the facilities. Rates for these cleanings range from $50 to $130 per cleaning. The underlying contract was entered into in 2017 for the 2018 calendar year after staff solicited and reviewed proposals submitted in response to a request for proposals. The contract allows one-year extensions by mutual agreement of the parties. Perfection Plus has offered to renew the contract for one year. Staff is satisfied with the Perfection Plus’s performance and recommends renewing the contract for the 2019 calendar year. Attachments • Amendment to Contract between City of Golden Valley and Perfection Plus, Inc. (2 pages) • Fully Executed Agreement for Custodial Services Agreement: Brookview & Park Facilities (6 pages) Recommended Action Motion to approve 2019 Amendment to Custodial Services Agreement: Brookview & Park Facilities between the City of Golden Valley and Perfection Plus, Inc. AMENDMENT TO CUSTODIAL SERVICES AGREEMENT BROOKVIEW, GOLF MAINTENANCE BUILDING, AND PARK SHELTERS This amendment (“Amendment”) to the Custodial Services Agreement Brookview, Golf Maintenance Building and Park Shelters (the “Agreement”) is made by and between the City of Golden Valley, a Minnesota municipal corporation (the “City”) and Perfection Plus, Inc., a Minnesota corporation (“Contractor”). WHEREAS, on or about October 2017 the City issued a request for proposals for Custodial Services at Brookview, the golf maintenance building and various park shelters; and WHEREAS, Contractor submitted a proposal in response to the request for proposal and the City selected Contractor’s proposal; and WHEREAS, on December 17, 2017 the parties entered into the Agreement under which Contractor agreed to provide custodial services; and WHEREAS, the term of the Agreement is one year, from January 1, 2018 through December 31, 2018, and contemplates additional one year extensions for up to four years by mutual written agreement at least ninety days prior to expiration; and WHEREAS, the parties wish to extend the original contract for an additional one year from January 1, 2019 through December 31, 2019; and WHEREAS, the Agreement contemplated a six day cleaning schedule and the parties subsequently agreed to increase cleaning from six to seven days and to increase Contractor’s compensation by $525 per month. NOW, THEREFORE, the parties hereto agree as follows: 1. Except to the extent modified by this Amendment, the Agreement is hereby ratified in all respects. 2. The Agreement is extended for an additional one-year period from January 1, 2019 through December 31, 2019. 3. Schedule C to the Agreement shall be deleted in its entirety and replaced with the following: SCHEDULE C: COMPENSATION FIXED PRICE SERVICES Brookview 613 Brookview Parkway South $3,676 x 12 mo. $44,112 Brookview Maintenance Building 101 Brookview Parkway N $400 x 12 mo. $4,800 TOTAL: GRAND TOTAL ANNUAL COST TO CLEAN THE ABOVE CITY BUILDINGS ACCORDING TO ATTACHED SPECIFICATIONS $48,912 PER CLEANING SERVICES Brookview Banquet Rooms 616 Brookview Parkway S $130 per cleaning Brookview Park Shelter 200 Brookview Parkway N $65 per cleaning Brookview Park & Tennis Shelters 300 & 401 Brookview Parkway N $65 per cleaning Schaper Park Shelter 631 Ottawa Avenue N $50 per cleaning 4. Attached hereto as Exhibit A is the original, fully-executed Agreement. IN WITNESS WHEREOF the parties sign below. CITY OF GOLDEN VALLEY JANI-KING INTERNATIONAL _______________________ Shepard Harris, Mayor Date: ______ ________________________ By: Its: Date: ______ ________________________ Tim Cruikshank, City Manager Date: ______ CUSTODIAL SERVICES AGREEMENT: BROOK-VIEW & PARK FACILITIES THIS CUSTODIAL SERVICES AGREEMENT (the "Agreement") is made and entered by and between Perfection Plus, Incorporated ("Contractor") and the City of Golden Valley (the "City") (collectively the "Parties" and individually a "Party"). RECITALS WHEREAS, the City desires to engage a contractor to provide custodial services at locations in and around the Brookview Community Center and at other City-owned park facilities; WHEREAS, the City issued a Request for Proposals for Custodial Services (the "RFP") for the purpose of soliciting proposals for the provision of custodial services at the City-owned locations; WHEREAS, Contractor submitted a Proposal to provide the custodial services; and WHEREAS, the City wishes to retain Contractor to provide custodial the services, and Contractor is willing to undertake such responsibilities, on the terms and subject to the conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Locations, Services.Access, Modification. Contractor shall provide the services described on the attached Schedule B (the "Services") at the locations described on the attached Schedule A (the "Locations"). The City may, in its sole discretion and at any time, modify the Services and the time for performance. The City shall provide Contractor with reasonable access to the Locations so that Contractor may perform its obligations under this Agreement. Contractor shall provide all equipment and cleaning products necessary to perform its obligations under this Agreement. The City shall provide certain disposable products, including paper towels, toilet paper, soap, and liners, for Contractor's use for restocking. Contractor's staff shall, if requested by the City, wear City IDs and/or uniforms while performing the Services. 2. Compensation,Billing. The City shall compensate Contractor in accordance with the payment terms detailed on the attached Schedule C. Contractor shall submit monthly invoices to the City that describe in detail the Services rendered. Invoices ("Invoices") shall be submitted to the City Council for approval at the first City Council meeting following receipt. The City shall pay Contractor within thirty-five (35) days after each Invoice is approved. 3. Term. The initial term of this Agreement shall commence on January 1, 2018 and continue through December 31, 2018, unless earlier terminated pursuant to the provisions of this Agreement. The Parties may extend this Agreement for up to four(4) additional one-year periods by mutual written agreement at least ninety (90) days prior to expiration of the then-current term. 4. Termination. Either Party may terminate this Agreement by giving ninety (90) days' prior written notice to the other Party. In the event of termination of this Agreement, Contractor shall cease its provision of Services and the City shall pay to Contractor all undisputed amounts due for Services provided by Contractor prior to the date of termination. 5. Ownership, Assumption of Risks. All equipment owned by Contractor and brought to the Locations shall remain the property of the Contractor. Contractor assumes all risk of loss or damage to Contractor's equipment at the Locations,including any loss or damage caused by water leakage, fire, explosion, theft, vandalism, or other cause. 6. Independent Contractor Relationship. The City and Contractor agree that Contractor is an"independent contractor"and not an employee of the City. Contractor shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Contractor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with its provision of Services. Contractor shall be responsible for the compensation and benefits of Contractor's employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Contractor under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to Contractor, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 7. Compliance with Applicable Laws,Representations,Performance. Contractor shall comply with all applicable federal, state, and local laws, rules,regulations, codes,ordinances and orders. Contractor represents that it has in effect, and shall maintain in effect, all permits, licenses, and other authorizations necessary for its provision of the Services. Contractor is not aware of any fact or circumstance that would prevent Contractor from performing in accordance with this Agreement. Contractor represents and warrants that Contractor has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services requested. Contractor shall perform its obligations hereunder with reasonable care and skill, in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 8. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: a. General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of$1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products- completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured on all relevant insurance policies obtained by Contractor. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of$1,000,000 combined single limit. C. Workers' Compensation.Contractor shall provide workers' compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employers liability coverage with minimum limits are as follows: $500,000 — Bodily Injury by Disease per employee; $500,000 — Bodily Injury by Disease aggregate; and $500,000—Bodily Injury by Accident. Prior to commencing the Services, Contractor shall deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor's policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor's performance under this Agreement. Contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 9. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its elected officials,officers,employees and agents from any liability,claims,demands,suits, penalties, personal injury,judgments and costs of any kind whatsoever, arising out of, or in any way resulting from, the acts or omissions of Contractor, its officers, employees and agents, with respect to Contractor's provision of the Services or any breach of this Agreement by Contractor. Defense of any action or proceeding shall be at Contractor's expense by counsel reasonably satisfactory to the City. The provisions of this Section 9 shall survive any termination of this Agreement. 10. Notices. All notices and other communications provided for in this Agreement shall be in writing and delivered in person, by electronic delivery with receipt confirmed, or deposited in the United States mail, first class postage prepaid, addressed as follows: City of Golden Valley: Marc Nevinski City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Contractor: Perfection Plus, Incorporated 9855 West 78h Street, Suite#180 Eden Prairie, MN 55344 11. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 12. Entire Agreement. This Agreement,together with the terms of the RFP,constitute the entire agreement between the Parties concerning the subject matter herein and shall replace and supersede any and all other previous oral or written agreements between the Parties on that subject matter. In the event that the terms of this Agreement conflict with the terms of the RFP, the terms of this Agreement shall control. 13. Amendment. This Agreement may be modified only by a written amendment signed by the Parties. 14. Assignment. The Parties may not transfer or assign this Agreement or any of their rights or obligations hereunder without the prior written consent of the other Party.This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective permitted successors and assigns. 15. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. 16. Governing Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. 17. Government Data/Privacy. Contractor shall abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the "Act"), and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used,maintained, or disseminated by Contractor in performing those functions that the City would perform is subject to the requirements of Chapter 13, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 18. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 19. Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above. CITY OF GOLDEN VALLEY By: TimotlTy J. Cruikshank Its: City Manager PERFECTION PLUS INCORPORATED By: Its: [Signature Page to Custodial Services Agreement between City of Golden Valley and 1 #5189288_3 SCHEDULE A SERVICE LOCATIONS 1. Brookview Community Center, 316 Brookview Parkway South, Golden Valley, MN 55426 ("Brookview Community Center"). 2. Brookview Banquet& Event Rooms, 316 Brookview Parkway South, Golden Valley, MN 55426 ("Brookview Banquet and Event Rooms"). 3. Brookview Park& Tennis Shelters, 300 Brookview Parkway North, Golden Valley, MN 55426 and 401 Brookview Parkway North, Golden Valley, MN 55426 ("Brookview Park and Tennis Shelters"). 4. Brookview Park Shelter, 200 Brookview Parkway North, Golden Valley, MN 55426 ("Brookview Park Shelter"). 5. Schaper Park Shelter, 631 Ottawa Avenue North, Golden Valley, MN 55422 ("Schaper Park Shelter"). 6. Brookview Golf Maintenance Building, 101 Brookview Parkway North, Golden Valley, MN 55426 (`Brookview Golf Maintenance Building"). Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. E. Authorize 2019 Contract Extension for Cleaning Services at the City Hall Campus and Fire Stations Prepared By Marc Nevinski, Physical Development Director Maria Cisneros, City Attorney Summary The City’s contract for professional cleaning services with Jani-King International (the “Jani King”) expires on December 31, 2018. This contract provides for cleaning services at the city hall campus and fire stations nos. 2 & 3. The underlying contract was entered into in 2017 for the 2018 calendar year after staff solicited and reviewed proposals submitted in response to a request for proposals. The contract allows one- year extensions by mutual agreement of the parties. Jani-King has offered to renew the contract for one year with no increase in cost. The total proposed cost of services provided under the contract for 2019 is $63,433.30. Staff is satisfied with Jani King’s performance and recommends renewing the contract for the 2019 calendar year. Attachments • Amendment to Contract between City of Golden Valley and Jani-King International (1 page) • Fully Executed Agreement for Custodial Services City Hall, Public Safety, Park Maintenance Building, Street Maintenance Building, Utility Maintenance Building, Vehicle Maintenance Building, Fire Station No. 3 Building, Fire Station No. 2 Building (6 pages) Recommended Action Motion to approve the 2019 Amendment to Custodial Services Agreement: City Hall Campus and Fire Stations Nos. 2 & 3 between the City of Golden Valley and Jani King of Minnesota. AMENDMENT TO CUSTODIAL SERVICES AGREEMENT: CITY HALL, PUBLIC SAFETY, PARK MAINTENANCE BUILDING, STREET MAINTENANCE BUILDING, UTILITY MAINTENANCE BUILDING, VEHICLE MAINTENANCE BUILDING, FIRE STATION NO. 3 BUILDING, FIRE STATION NO. 2 BUILDING This amendment (“Amendment”) to the Custodial Services Agreement: City Hall, public Safety, Park Maintenance Building, Street Maintenance Building, Utility Maintenance Building, Vehicle Maintenance Building, Fire Station No. 3 Building, Fire Station No. 2 Building (the “Agreement”) is made by and between the City of Golden Valley (the “City”) and Jani-King International (“Contractor”). WHEREAS, in October 2017 the City issued a Request for Proposals for Custodial Services at the city hall campus buildings and fire stations 2 & 3; and WHEREAS, Contractor submitted a proposal in response to the RFP and the City selected Contractor’s proposal; and WHEREAS, on or about December 19, 2017 the Parties entered into the Agreement under which Contractor agreed to the provide custodial services as provided in the Agreement; and WHEREAS, the term of the Agreement is one year, from January 1, 2018 through December 31, 2018, and the Agreement contemplates additional one year extensions for up to four years by mutual written agreement at least ninety days prior to expiration; and WHEREAS, The parties wish to extend the original contract for an additional one year from January 1, 2019 through December 31, 2019, with no change in compensation. NOW, THEREFORE, the parties hereto agree as follows: 1. Except to the extent modified by this Amendment, the Agreement is hereby ratified in all respects. 2. The Agreement is extended for an additional one-year period from January 1, 2019 through December 31, 2019. 3. The total annual payment for contract services shall be $63,433.30. 4. Attached hereto as Exhibit A is the original, fully-executed Agreement. IN WITNESS WHEREOF the parties sign below. CITY OF GOLDEN VALLEY JANI-KING INTERNATIONAL _______________________ Shepard Harris, Mayor Date: ______ ________________________ By: Its: Date: ______ ________________________ Tim Cruikshank, City Manager Date: ______ CUSTODIAL SERVICES AGREEMENT: CITY CAMPUS BUILDINGS & FIRE STATIONS NOS. 2 & 3 THIS CUSTODIAL SERVICES AGREEMENT (the "Agreement") is made and entered by and between Jani-King International ("Contractor")and the City of Golden Valley(the"City") (collectively the "Parties" and individually a"Party"). RECITALS WHEREAS,the City desires to engage a contractor to provide custodial services at certain City-owned locations; WHEREAS, the City issued a Request for Proposals for Custodial Services (the "RFP"), for the purpose of soliciting proposals for the provision of custodial services at the City-owned locations; WHEREAS, Contractor submitted a Proposal to provide custodial services; and WHEREAS, the City wishes to retain Contractor to provide custodial services at certain City-owned locations, and Contractor is willing to undertake such responsibilities, on the terms and subject to the conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Locations; Services; Access; Modification Contractor shall provide the services described on the attached Schedule B (the "Services") at the locations described on the attached Schedule A (the "Locations"). The City may, in its sole discretion and at any time, modify the Services and the time for performance. The City shall provide Contractor with reasonable access to the Locations so that Contractor may perform its obligations under this Agreement. Contractor shall provide all equipment and cleaning products necessary to perform its obligations under this Agreement. The City shall provide certain disposable products, including paper towels, toilet paper, soap,and liners, for Contractor's use for restocking. Contractor's staff shall, if requested by the City, wear City IDs and/or uniforms while performing the Services. 2. Compensation; Billing. The City shall compensate Contractor$ per month for Services performed. Contractor shall submit monthly invoices to the City that describe in sufficient detail the Services rendered. Invoices("Invoices")shall be submitted to the City Council for approval at the first City Council meeting following receipt. The City shall pay Contractor within thirty-five (35) days after each Invoice is approved. 3. Term. The initial term of this Agreement shall commence on January 1, 2018 and continue through December 31, 2018, unless earlier terminated pursuant to the provisions of this Agreement. The Parties may extend this Agreement for up to four(4) additional one-year periods by mutual written agreement at least ninety (90) days prior to expiration of the then-current term. 4. Termination. Either Party may terminate this Agreement by giving ninety (90) days' prior written notice to the other Party. In the event of termination of this Agreement, Contractor shall cease its provision of Services and the City shall pay to Contractor all undisputed amounts due for Services provided by Contractor prior to the date of termination. 5. Ownership; Assumption of Risks. All equipment owned by Contractor and brought to the Locations shall remain the property of the Contractor. Contractor assumes all risk of loss or damage of Contractor's equipment at the Locations,including any loss or damage caused by water leakage, fire, explosion, theft, vandalism, or any other cause. 6. Independent Contractor Relationship. The City and Contractor agree that Contractor is an independent contractor and not an employee of the City. Contractor shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Contractor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with its provision of Services. Contractor shall be responsible for the compensation and benefits of Contractor's employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Contractor under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to Contractor, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 7. Compliance with Applicable Laws; Representations; Performance. Contractor shall comply with all applicable federal, state, and local laws, rules,regulations, codes,ordinances and orders. Contractor represents that it has in effect, and shall maintain in effect, all permits, licenses, and other authorizations necessary for its provision of the Services. Contractor is not aware of any fact or circumstance that would prevent Contractor from performing in accordance with this Agreement. Contractor represents and warrants that Contractor has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services requested. Contractor will perform its obligations hereunder with reasonable care and skill, in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 8. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: a. General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of$1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products- completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured on all relevant insurance policies obtained by Contractor. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of$1,000,000 combined single limit. C. Workers' Compensation. Contractor agrees to provide workers' compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employers liability coverage with minimum limits are as follows: $500,000 — Bodily Injury by Disease per employee; $500,000—Bodily Injury by Disease aggregate;and$500,000—Bodily Injury by Accident. Prior to commencing the Services, Contractor shall deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor's policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor's performance under this Agreement. Contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 9. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, employees and/or agents from any liability, claims, demands, suits, penalties, personal injury,judgments and/or costs of any kind whatsoever, arising out of, or in any way resulting from, the acts or omissions of Contractor, its officers, employees and agents, with respect to Contractor's provision of Services or any breach of this Agreement by Contractor. Defense of any action or proceeding shall be at the expense of the Contractor by counsel reasonably satisfactory to the City. The provisions of this Section 9 shall survive termination of this Agreement. 10. Notices. All notices and other communications provided for in this Agreement shall be in writing and delivered in person, by electronic delivery with receipt confirmed, or deposited in the United States mail, first class postage prepaid, addressed as follows: City of Golden Valley: Marc Nevinski City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Contractor: Jani-King International 5930 Shingle Creek Parkway Brooklyn Center, MN 55340 11. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 12. Entire Agreement. This Agreement,together with the terms of the RFP,constitute the entire agreement between the Parties concerning the subject matter herein and shall replace and supersede any and all other previous oral or written agreements between the Parties on that subject matter. In the event that the terms of this Agreement conflict with the terms of the RFP, the terms of this Agreement shall control. 13. Amendment. This Agreement may be modified only by a written amendment signed by the Parties. 14. Assienment. The Parties may not transfer or assign this Agreement or any of their rights or obligations hereunder without the prior written consent of the other Party. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective permitted successors and assigns. 15. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. 16. Governing Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. 17. Government Data/Privacy. Contractor shall abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes,chapter 13 (the"Act"), and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used,maintained, or disseminated by Contractor in performing those functions that the City would perform is subject to the requirements of the Act, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 18. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 19. Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above. CITY OF GOLDEN VALLEY By: Timoth . Cruikshank Its: City Manager JANI-KING INTERNATIONAL By: Its: [Signature Page to Custodial Services Agreement between City of Golden Valley and 1 SCHEDULE A SERVICE LOCATIONS 1. City Hall, 7800 Golden Valley Road, Golden Valley, MN 55427 ("City Hall"). 2. Vehicle Maintenance Building, 7730 Golden Valley Road, Golden Valley, MN 55427 (the "Vehicle Maintenance Building"). 3. Utilities Maintenance Building, 7720 Golden Valley Road, Golden Valley, MN 55427 (the "Utilities Maintenance Building"). 4. Streets Maintenance Building, 7710 Golden Valley Road, Golden Valley, MN 55427 (the "Streets Maintenance Building"). 5. Parks Maintenance Building, 7708 Golden Valley Road, Golden Valley, MN 55427 (the "Parks Maintenance Building"). 6. Public Safety Building, 7700 Golden Valley Road, Golden Valley, MN 55427 (the "Public Safety Building"). 7. Fire Station #2, 400 Turners Crossroad S, Golden Valley, MN 55416 ("Fire Station #2" 8. Fire Station #3, 3700 Golden Valley Road, Golden Valley, MN 55422 ("Fire Station #3"). Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. F. Acceptance of Donation for a Memorial Tree in Medley Park Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Attachments • Resolution accepting a Donation of a Memorial Tree from Isaiah Shawn Stewart to be located in Medley Park (1 page) Recommended Action Motion to adopt Resolution accepting a Donation of a Memorial Tree from Lovar Stewart in honor of Isaiah Shawn Stewart to be located in Medley Park. RESOLUTION NO. 18-60 RESOLUTION ACCEPTING DONATION OF A MEMORIAL TREE FROM ISAIAH SHAWN STEWART TO BE LOCATED IN MEDLEY PARK WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grants and donations on behalf of its citizens: • Resolution accepting a Donation of a Memorial Tree from Lovar Stewart in honor and memory of his son Isaiah Shawn Stewart to be located in Medley Park. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of October, 2018. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. G. Approve Use of 2017 Hennepin County Affordable Housing Incentive Funds by Homes Within Reach Prepared By Emily Goellner, Associate Planner/Grant Writer Summary West Hennepin Affordable Housing Land Trust (WHAHLT), doing business as Homes Within Reach, is a community-based non-profit organization with a mission to use the Community Land Trust model to create and preserve permanent affordable homeownership opportunities for families in suburban Hennepin County. Homes Within Reach has been awarded $200,000 in Hennepin County Affordable Housing Incentive Funds (AHIF) for the acquisition, rehabilitation, and sale of six entry- level single-family homes in Hennepin County, one of which is located in Golden Valley. The award is contingent upon the City’s consent, which is provided in the proposed resolution of approval. There are two other single-family homes in WHAHLT’s Community Land Trust program in Golden Valley. Homes in this program are sold to income-qualified families and individuals who otherwise would be unable to buy a home in Golden Valley. Attachments • Memo from Janet Lindbo, Executive Director of Homes Within Reach (1 page) • Resolution Approving Use of 2017 Hennepin County Affordable Housing Incentive Funds (AHIF) by Homes Within Reach (1 page) Recommended Action Motion to adopt Resolution approving use of 2017 Hennepin County Affordable Housing Incentive Funds by Homes Within Reach. Memo To:Emily Goellner From:Janet Lindbo Cc:Spencer Agnew Date:September 12, 2018 Re:AHIF funding for 2801 Kyle Ave., Golden Valley The approval of the 2017 Hennepin County Affordable Housing Incentive Funds (AHIF) resolution is a requirement for all awarded AHIF monies. HWR was awarded $200,000 in 2017 from AHIF and we have allocated $20,000 of the 2017 award, as a portion of HWR funding to assist with the acquisition and rehab expenses for 2801 Kyle Ave., Golden Valley. The mission of HWR is to use the Community Land Trust practice to provide permanently affordable ownership housing for working families that would be otherwise unable to buy a home in the Hennepin suburban communities, offering both communities and homebuyers the ability to sustain long-term affordable homeownership As you know, the City of Golden Valley and Homes Within Reach (HWR) submitted a CDBG Con Pool application in February 2017; to create and preserve one affordable ownership home in Golden Valley. The mechanism to keep the home affordable is the application of the Community Land Trust practice, as described in the application. HWR homes cost less than market rate homes because HWR homebuyers purchase only the house (Improvements) and enter into a Ground Lease with WHAHLT to secure the long-term rights and use ofthe land. By taking the cost of the land out of the real estate transaction, land trust homes are more affordable than houses on the open real estate market. By eliminating these costs, homes are purchased at approximately 30% to50%belowthetypicalmarketvalueamount. HWR brings additional funding to supplement the CDBG funding, which includes Met Council, Minnesota Housing and AHIF funding that Homes Within Reach has raised to create affordable homeownership options in the suburbs of Hennepin County. The request of Hennepin County is to have the City acknowledge the use of this funding. As you know, in April 2018, HWR purchased the property at 2801 Kyle Ave. A home built in 1956, a three bedroom, 1 bathroom and 1 car garage house, on .23 acres of land. HWR rehabilitated the home and property to meet Green Community and Federal requirements to make the property energy efficient, hazard free and safe. HWR has submitted required documentation to Hennepin County per the program’s requirements. We entered into a purchase agreement to sell the home and execute a Ground Lease to a qualified family of three. Closing is scheduled for September 26, 2018. If you have any questions, please do not hesitate to contact me. WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST 5101 Thimsen Ave., Ste. 202, Minnetonka, MN 55345 Telephone (952) 401-7071 Fax: (952) 224-2857 Email: info@homeswithinreach.org RESOLUTION NO. 18-61 RESOLUTION APPROVING USE OF 2017 HENNEPIN COUNTY AFFORDABLE HOUSING INCENTIVE FUNDS (AHIF) BY HOMES WITHIN REACH WHEREAS, the West Hennepin Affordable Housing Land Trust (WHAHLT) is a community-based non-profit organization, doing business as Homes Within Reach, with a mission to use the Community Land Trust model to create and preserve affordable homeownership opportunities for families in suburban Hennepin County; and WHEREAS, Homes Within Reach submitted a proposal for the use of Hennepin County AHIF funds; and WHEREAS, Homes Within Reach has also been approved for funding by the Hennepin County Housing and Redevelopment Authority (HCHRA) for the acquisition, rehabilitation, and sale of entry-level properties to income-qualified families and individuals; and WHEREAS, in Resolution No. 17-HCHRA-0020, HCHRA has approved the use of a $200,000 AHIF loan for Homes Within Reach contingent upon the City of Golden Valley's consent to the HCHRA's participation in the project; and WHEREAS, the purchase of six homes by Homes Within Reach, of which some of the homes will be located within Golden Valley and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing permanent affordability; and WHEREAS, the grant from HCHRA will complete the financing required for the project to go forward. NOW THEREFORE BE IT RESOLVED, by the City Council that the use of 2017 Hennepin County AHIF and participation of the HCHRA in the Homes Within Reach project is hereby approved. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of October, 2018. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. H. Receipt of August 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 Commission (Special Revenue Fund) ∼ Building Improvement Fund (Capital Projects Fund) ∼ Park Improvement Fund (Capital Projects Fund) General Fund Operations: As of August 2018, the City has used $317,503 of fund balance to balance the General Fund Budget. Attachments • August 2018 General Fund (2 pages) • August 2018 Conservation/Recycling Fund (1 page) • August 2018 Water and Sewer Utility Fund (1 page) • August 2018 Brookview Golf Course (1 page) • August 2018 Motor Vehicle Licensing (1 page) • August 2018 Storm Utility Fund (1 page) • August 2018 Equipment Replacement Fund (1 page) • August 2018 Brookview Center Fund (1 page) • August 2018 Human Services Commission (1 page) • August 2018 Building Improvement Fund (1 page) • August 2018 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the August 2018 Financial Reports. Over % 2018 August YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $370,935 19,068 216,625 ($154,310)58.40%(3) 003 City Manager 813,410 58,725 470,832 (342,578)57.88% 004 Transfers Out 1,982,580 0 1,982,580 0 100.00%(1) 005 Admin. Services 1,986,970 133,718 1,084,366 (902,604)54.57% 006 Legal 158,100 16,664 136,904 (21,196)86.59%(2) 007 Risk Management 310,000 1,000 199,253 (110,747)64.28% 011 General Gov't. Bldgs.732,680 55,015 403,063 (329,617)55.01% 016 Planning 409,655 17,941 191,689 (217,966)46.79% 018 Inspections 811,280 69,083 469,944 (341,336)57.93%(4) 022 Police 6,204,575 391,902 3,475,795 (2,728,780)56.02% 023 Fire 1,561,150 86,295 856,482 (704,668)54.86%(3) 035 Physical Dev Admin 309,505 22,452 189,710 (119,795)61.29% 036 Engineering 776,095 55,304 430,215 (345,880)55.43% 037 Streets 1,790,925 253,958 1,095,924 (695,001)61.19% 066 Park & Rec. Admin.737,210 73,837 460,105 (277,105)62.41% 067 Park Maintenance 1,215,945 112,081 768,102 (447,843)63.17% 068 Recreation Programs 445,385 51,751 256,727 (188,658)57.64% TOTAL Expenditures $20,616,400 $1,418,794 $12,688,316 ($7,928,084)61.54% (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 August, 2018 (unaudited) Division 67.00% Over % 2018 August YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $17,253,460 5,473 9,511,864 ($7,741,596)55.13%(1) Licenses 220,980 15,605 205,015 ($15,965)92.78% Permits 929,785 149,040 1,105,700 $175,915 118.92% State Aid 52,375 38,167 69,917 $17,542 133.49%(2) County Aid 0 1,319 $1,319 Charges For Services: General Government 25,250 63 23,925 ($1,325)94.75% Public Safety 160,900 10,430 163,690 $2,790 101.73% Public Works 163,600 17,224 120,364 ($43,236)73.57% Park & Rec 415,550 72,089 284,790 ($130,760)68.53% Other Funds 691,500 93,660 504,612 ($186,888)72.97% Fines & Forfeitures 320,000 25,530 222,471 ($97,529)69.52%(3) Interest On Investments 75,000 0 0 ($75,000)0.00%(4) Miscellaneous Revenue 193,000 17,116 137,146 ($55,854)71.06% Transfers In 30,000 2,500 20,000 ($10,000)66.67%(5) TOTAL Revenue $20,531,400 $446,897 $12,370,813 ($8,160,587)60.25% 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 July 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 August 2018 (unaudited) Over 2018 Aug 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 33,800 229,443 (153,077)59.98%(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 33,800 229,443 (207,952)52.46% Expenses: Recycling 461,605 24,377 257,753 (203,852)55.84%(3) Total Expenses 461,605 24,377 257,753 (203,852)55.84% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru August 2018. (3) This includes the recycling services thru July 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 August 2018 (unaudited) Over 2018 August YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 4,571,280 600,071 3,113,821 (1,457,459)68.12%(1) Emergency Water Supply 183,080 27,306 141,354 (41,726)77.21% Sewer Charges 3,512,300 400,613 2,682,582 (829,718)76.38% Meter Sales 20,000 2,162 20,336 336 101.68% Penalties 130,000 22,354 135,870 5,870 104.52% Charges for Other Services 100,000 16,764 203,939 103,939 203.94% State Water Testing Fee Pass Through 46,000 4,048 27,351 (18,649)59.46% 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 5,100 56,700 (18,300)75.60% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 9,672,660 1,078,418 6,385,412 (3,287,248)66.02% 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 August 2018 (unaudited) Over 2018 Aug YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 920,950 169,245 660,347 (260,603)71.70% Driving Range Fees 180,000 29,966 141,993 (38,007)78.89% Par 3 Fees 170,000 31,044 128,827 (41,173)75.78% Lawn Bowling 30,000 20,307 27,282 (2,718)90.94% Pro Shop Sales 90,000 14,010 69,077 (20,923)76.75% Pro Shop Rentals 300,000 63,876 236,028 (63,972)78.68% Concession Sales 889,960 229,279 922,310 32,350 103.63% Other Revenue 182,500 10,741 197,448 14,948 108.19%(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 2,738,410 568,468 2,378,887 (359,523)86.87% Expenses: Golf Operations 802,410 74,991 472,152 (330,258)58.84%(2) Course Maintenance 1,219,520 84,518 910,991 (308,529)74.70% Pro Shop 124,400 19,148 117,811 (6,589)94.70% Grill 647,710 171,730 891,166 243,456 137.59% Driving Range 74,300 11,144 49,100 (25,200)66.08% Par 3 Course 26,640 5,403 22,974 (3,666)86.24% Lawn Bowling 8,380 2,696 4,626 (3,754)55.20% Banquet Staffing 25,400 6,131 25,716 316 101.24% Total Expenses 2,928,760 375,761 2,494,536 (434,224)85.17% (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 August 2018 (unaudited) Course opened April 27 Over 2018 Aug YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 2,880 0 0 (2,880)0.00%(1) Charges for Services 469,965 36,504 314,241 (155,724)66.86% Total Revenue 472,845 36,504 314,241 (158,604)66.46% Expenses: Motor Vehicle Licensing 423,335 35,710 277,946 (145,389)65.66% Total Expenses 423,335 35,710 277,946 (145,389)65.66% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund August 2018 (unaudited) Over 2018 Aug 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 2,475,000 209,644 1,562,153 (912,847)63.12% Bassett Creek Watershed 0 0 149,429 149,429 (5) Miscellaneous Receipts 313,300 357 140,502 (172,798) Sale or Loss of Assets 0 0 1,500 1,500 Total Revenue 2,838,300 210,001 1,853,584 (984,716)65.31% Expenses: Storm Utility 2,707,450 182,194 1,030,539 (1,676,911)38.06%(2) (3) Street Cleaning 128,595 1,738 58,908 (69,687)45.81% Environmental Control 336,790 22,078 199,884 (136,906)59.35% Debt Service Payments 65,000 0 63,500 (1,500)0.00%(3) Total Expenses 3,237,835 206,010 1,352,831 (1,885,004)41.78%(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 August 2018 (unaudited) 2018 Equipment Replacement Fund (CIP) - Fund 5700 2018 Aug YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 0 181,370 146,370 Miscellaneous 0 430 20,829 20,829 DUI Fund Transfer 40,000 0 130,000 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 98,538 430 332,199 143,661 (4) Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)100,000 17,979 198,633 (98,633)(5) 5702 V&E-002 Computers and Printers (Finance)80,000 2,329 48,727 31,273 (1) 5706 V&E-009 Front End Loader (Street)260,000 137,676 192,170 67,830 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 0 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 7,440 165,096 (141,026)(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 2,019,070 165,424 2,212,687 (191,156) (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 Aug YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 157,815 26,073 95,646 (62,169)60.61% Backyard Play Area 326,500 14,660 147,594 (178,906)45.20% Miscellaneous Revenues 5,500 0 0 (5,500)0.00% Interest on Investments 100 0 0 (100)0.00%(1) Total Revenue 489,915 40,733 243,240 (246,675)49.65% Expenses: General Area Rooms 290,790 21,134 162,992 (127,798)56.05%(2) Indoor Play Area 107,210 1,843 42,996 (64,214)40.10% Banquet Facility 87,945 9,312 49,583 (38,362)56.38% Total Expenses 485,945 32,289 255,571 (230,374)52.59% (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 August 2018 (unaudited) Over 2018 August YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 5,195 23,983 (6,017)79.94%(3) Fundraisers 30,000 1,145 21,975 (8,025)73.25%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 6,340 45,958 (14,742)75.71% Expenses: Supplies 17,100 264 6,265 (10,835)36.64% Allocations 60,000 10,025 39,525 (20,475)65.88%(2) (5) Total Expenses 77,100 10,289 45,790 (31,310)59.39% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2018 are $60,000. (3) Pull Tab revenues are thruJuly. (4) Solicitation Letters -$2,698.17-YTD; should be allocated to designation (4) Run/Walk -$17,177 YTD (4) Golf Tourney/Lawn Bowling -$2,100 YTD (5) Crisis Connection is closing June 30. The $1750 will be reallocated in 2019. Fund Balance at 12/31/17 was $213,524. City of Golden Valley Monthly Budget Report - Human Services Commission August 2018 (unaudited) 2018 Building Improvement Fund (CIP) - Fund 5200 2018 Aug 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 0 17,634 12,366 5201 Public Buildings Roof Replacement 270,000 7,034 40,819 229,181 5208 Workstation Replacements 40,000 0 47,786 (7,786) Window Replacements-Various Buildings 25,000 0 0 25,000 Total Expenditures 440,000 7,034 126,119 313,881 (1)Transfer were made in June. 2018 Park Improvement Fund (CIP) - Fund 5600 2018 Aug 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 32,352 40,452 (452) Play Structure Replacement 55,000 0 15,921 39,079 Ball Field Lighting 250,000 0 261,727 (11,727) Outdoor Basketball and Hoop Replacement 28,000 0 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 0 373,220 (343,220) Wildwood Pickleball Courts 60,000 0 0 60,000 Relamp Athletic Field and Rink Lights 25,000 0 17,975 7,025 Dugout, Fence and Field Replacement 55,000 3,887 8,263 46,737 Tennis Court Reconstruction 150,000 37,581 37,581 112,419 Total Expenditures 778,000 73,820 847,612 (69,612) 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 October 2, 2018 Agenda Item 3. I. Approve Agreement to Pursue the Development of an Off-Leash Pet Exercise Area Concept Prepared By Rick Birno, Parks & Recreation Director Summary Staff has been working with representatives of the Minneapolis Park & Recreation Board and the Golden Valley Humane Society to develop a concept for an Off-Leash Pet Exercise Area in Theodore Wirth Park. The Minneapolis Park & Recreation Board has approved an agreement to move forward with the design concept of an Off-Leash Pet Exercise Area proposal and is requesting Golden Valley approve agreement to partner on the development of the proposed amenity. Attachments • Agreement to Develop Proposal (6 pages) • Location Map of Proposed Amenity (1 page) Recommended Action Motion to approve agreement with the Minneapolis Park & Recreation Board and the Golden Valley Humane Society to develop a proposal for an off-Leash Pet Exercise Area in Theodore Wirth Park. PROJECT AGREEMENT Development of a concept for an off-leash recreation area at Theodore Wirth This Project Agreement (“Agreement”) is made by and between the Animal Humane Society of Hennepin County (AHS), a 501(c)3 entity operating in the State of Minnesota, the City of Golden Valley (Golden Valley), a statutory Plan B City organized pursuant to Minnesota Statutes Chapter 412.681, and the City of Minneapolis, acting by and through its Park and Recreation Board (MPRB), a body corporate and politic under the laws of the Minnesota, (together, the “Parties”). RECITALS A. The MPRB owns and operates Theodore Wirth Regional Park (Wirth) located in the City of Minneapolis and the City of Golden Valley. B. The master plan for Wirth adopted by the MPRB Board of Commissioners through resolution 2015-133 on March 4, 2015 includes provisions for an off-lease recreation area in a portion of North Wirth lands described as “the current chipping green and adjacent woodland” (reference Theodore Wirth Regional Park Master Plan, page 7-4) with such lands being situated in the City of Golden Valley, Minnesota. C. The proposed off-leash recreation area abuts property owned and operated by the AHS. The AHS has indicated its intention to implement an off-leash recreation area with a focus on animal training and enhancing human-animal bonds on its property. D. Golden Valley, through its Park and Recreation Department, has identified a need for off- leash recreation areas serving its community, and has implemented temporary off-leash recreation areas in several locations throughout the city. Further, Golden Valley has indicated its intention to implement one or more permanent off-leash recreation areas. A location as described herein would, in part, serve the City of Golden Valley’s needs. E. The Parties have indicated a mutual interest in developing a concept for an off-leash recreation area that would support the goals of the Wirth Master Plan, the intentions of the AHS, and the needs of Golden Valley. Further, the parties have indicated a strong interest in collaborating to frame advancements in the programmatic, functional, and social aspects of an off-lease recreation area and have stated a strong interest in developing such a facility on the area proposed in the Wirth Master Plan and, possibly, in part on properties owned by the AHS and the Golden Valley. 1 TERMS A. Purpose and goals. The Parties will jointly conduct research and develop a concept plan for an off-leash recreation area (Project) proposed to be located on a portion of Wirth as indicated in a master plan for the park and, depending on the concept and agreement from the AHS and Golden Valley, on lands abutting MPRB regional park lands. The parties recognize their mutual interest in the development of a concept for an off-leash recreation area at Wirth and further advocate their individual goals as follows: 2 Project Agreement | Development of a concept for an off-leash recreation area at Theodore Wirth Regional Park MPRB goals: • To advance implementation of the master plan approved by the Board of Commissioners for Theodore Wirth Regional Park through the creation of an off- leash recreation area; • To create a facility that resonates with the character of the park while providing a conducive setting for the activities of the off-leash recreation area; and • To create an off-leash recreation area that accommodates animal and human activity with features providing interest, comfort, and socialization opportunities for animals and humans. Animal Humane Society goals: • To advance the human animal bond by reimaging traditional dog parks and creating an innovative place that both safely and creatively accommodates human and animal activity and socialization; and • To creatively partner with the MPRB and Golden Valley in creating a state of the art dog park that meets the needs of the cities and their residents and the people and animals served by the AHS. City of Golden Valley goals: • To successfully implement an off-leash recreation area in partnership with the MPRB and the AHS to meet the goals and objectives defined in the Golden Valley Parks and Natural Resources Comprehensive Plan; • To promote an off-leash recreation area that offers a wealth of benefits in a park setting where owners and pets can socialize and exercise in a clean, safe environment that fosters a sense of community; and • To advance the mission of the Golden Valley Parks and Recreation Department to build community through people, parks, and programs. B. Period of agreement. The Parties agree to begin the work as soon as practicable and to pursue a schedule that allows for the Board of Commissioners of the MPRB, the Board of Directors of the Animal Humane Society, and the City Council of the City of Golden Valley to consider a concept plan during the first quarter of 2019. C. Work plan and coordination. The Parties agree to a work plan as articulated in Attachment A (Work Plan) and Attachment B (Schedule), with the focus of this agreement being Task 0.00 (Project organization) through Task 5.00 (Concept approvals). The Parties agree to coordinate through meetings as articulated in Attachment ‘A’ and additional meetings as necessary to advance the work. The Parties further agree to share data, research, mapping, and background information necessary to support the work. D. Commitment of resources. The Parties agree to commit staff time and resources to the development of the project through the development of a supportable concept and the preparation of implementation strategies. The Parties further agree to mutually support the effort by participating in meetings with the public and with any board, commission, or council that may be involved in the review of the concept. 3 Project Agreement | Development of a concept for an off-leash recreation area at Theodore Wirth Regional Park E. Funding. Except for the contribution of staff time, this Agreement does not commit any Party to the expenditure of funds supporting the creation of a concept for the project. 2 General Conditions A. Agreement administration. In order to coordinate the activities so as to accomplish the purposes of this this Agreement, the following individuals or their successors shall manage this Agreement on behalf of their respective Parties: • Minneapolis Park & Recreation Board Michael Schroeder, Assistant Superintendent for Planning • Animal Humane Society Kathy Mock, Chief Government Affairs & Community Engagement Officer • City of Golden Valley Rick Birno, Director of Parks and Recreation All notices under this Agreement shall be in writing and shall be delivered to the attention of the individuals noted in this section. A Party may change its project representative or address for notice purposes by written notice to the other party given as provided above. B. Data Practices. In accordance with Minnesota Statutes §13.03, subdivision 4, and other applicable provisions of the Minnesota Data Practices Act (DPA), the Parties will cooperate when sharing data to communicate the data classification and manage the data in accordance with that classification. If a Party receives a request for data pursuant to the DPA that may encompass data (as that term is defined in the DPA) that the Party possesses or has created as a result of this Agreement, it will attempt in good faith to inform the other Parties immediately, transmit a copy of the request and, as time permits, consult informally with the other Parties. Each Party is responsible to handle the request in accordance with its duties under the DPA and the terms thereof. C. Data Sharing. In sharing data under this Agreement, whether existing or generated pursuant to this Agreement, no Party alters its ownership rights in the data except as may be documented in writing. Any shared data are without representation or warranty including but not limited to a warranty of fitness, merchantability, accuracy or completeness. D. Performance. A Party’s failure to insist on the strict performance of any obligation under this Agreement, or to exercise any option, remedy or right herein, will not waive or relinquish that Party’s right in the future to insist on strict performance of that or any other obligation. A Party’s waiver of a breach of an obligation of this Agreement will not be construed as a waiver of any subsequent breach of that or any other obligation. A waiver must be in writing and signed by the Party. E. Good Faith Efforts. In exercising its rights and fulfilling its responsibilities under this Agreement, and wherever this Agreement provides for an exercise of discretion, each Party will act in good faith and consistent with shared goals and interests in the Project. 4 Project Agreement | Development of a concept for an off-leash recreation area at Theodore Wirth Regional Park F. Effect and Term of Agreement. This Agreement is effective when fully executed by the parties. It is in force for two years from the date on which it is fully executed. This Agreement may be amended or terminated only in a writing signed by the Parties. G. Non-Binding. This Agreement incorporates the above Recitals. The Parties agree that this Agreement is made for mutual consideration but does not bind any Party to the creation of an off-leash recreation area, to any particular concept resulting from the Agreement, or to funding of implementation in any way. 3 Execution A. Animal Humane Society _____________________________ Date: By: Its: _____________________________ Date: By: Its: Approved for form & execution __________________________ Date: Attorney B. City of Golden Valley _____________________________ Date: Shepard Harris, Mayor _____________________________ Date: Timothy Cruikshank, City Manager Approved for form and execution: __________________________ Date: Maria Cisneros, City Attorney 5 Project Agreement | Development of a concept for an off-leash recreation area at Theodore Wirth Regional Park C. Minneapolis Park and Recreation Board _____________________________ Date: Brad Bourn, President _____________________________ Date: Jennifer Ringold, Secretary Approved for form and execution: __________________________ Date: Brian Rice, Legal Counsel 6 Project Agreement | Development of a concept for an off-leash recreation area at Theodore Wirth Regional Park Attachment A Work Plan A. Xxxxx. Xxxxxxxx. Attachment B Schedule B. YYYYYY. Yyyyyyy. Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. J. Approve First Amendment to Agreement for Comprehensive Municipal Recycling Services Prepared By Marc Nevinski, Physical Development Director Summary In July, staff presented to Council background information regarding recycling. It was noted that recycling markets have changed dramatically recently due to China’s embargo of recyclable commodities. This has reduced the value of recyclables drastically. Historically, the sale of commodities covered the costs to process them. Staff has discussed with Republic Services (Allied Waste Services of North America) amending the current recycling contract for an additional three years. Staff and Republic Services have considered a number of options to account for processing costs of recyclables and discussed several different models to manage them. The options included, in addition to collection rates, both varied and fixed processing fees to offset the lost proceeds from declining commodity values. The recommended model and rate structure below was reviewed at the August Council/Manager meeting. It includes the monthly cost per household to collect recycling and process the recyclables. While the increases in total rates are significant, this structure has the lowest impact and provides the City stable, predictable budgeting ability over the contract term. Year Collection Rate Processing Fee Total Rate % Change 2018 $2.84 0 $2.84 2019 $2.92 $0.39 $3.31 16.5% 2020 $3.07 $0.62 $3.69 11.5% 2021 $3.22 $0.65 $3.87 4.9% The amendment also includes a 50/50 revenue share in the event the commodities market should return. Additionally, the contract amendment allows for the City and Republic Services to negotiate curbside organics discussion before the end of the contract if desired. Attachment • First Amendment to Agreement for Comprehensive Municipal Recycling Service (6 pages) Recommendation Motion to approve the First Amendment to Agreement for Comprehensive Municipal Recycling Services with Allied Waste Services of North America, LLC. FIRST AMENDMENT TO AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES THIS FIRST AMENDMENT TO AGREEMENT FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES (this “Amendment”) is made effective as of January 1, 2019 (the “Amendment Effective Date”) by and between the City of Golden Valley (the “City”) and Allied Waste Services of North America, LLC, a Delaware limited liability company d/b/a Allied Waste Services of the Twin Cities – Eden Prairie // Republic Services of the Twin Cities - Eden Prairie (“Contractor”). BACKGROUND WHEREAS, City and Contractor are parties to an Agreement for Comprehensive Municipal Recycling Services, dated September 6, 2011 (the “Agreement”). WHEREAS, the Agreement is set to expire on December 31, 2018 and the parties desire to extend the Agreement as provided herein. WHEREAS, upon the mutual written agreement of the City and Contractor, the terms of the Agreement may be modified. WHEREAS, the parties wish to further amend the Agreement as set forth below. AGREEMENT The parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Extension of Term. The term of the Agreement shall continue in effect until December 31, 2021. 3. Definitions. The definition of Unacceptable Recyclable Materials in Section 2 of the Agreement shall be replaced in its entirety with the following: Unacceptable Recyclable Materials means any load containing 15% or more material by weight that is not Recyclable Material or Recyclables as those terms are defined in Section 2 of Exhibit A to the Agreement. 4. Risk Allocation. The following shall be added to Section 20 of the Agreement: Except as otherwise specifically set forth in the Agreement, each party shall be responsible for any and all claims for personal injuries or death, or the loss of or damage to property, only to the extent caused by that party’s (1) negligence or acts of willful misconduct or those of its employees, contractors, subcontractors, or agents; or (2) breach of the Agreement or this Amendment 5. Insurance. Sections 21 and 22 of the Agreement shall be deleted and replaced in their entirety with the following: Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement, the following minimum insurance coverages: a. Comprehensive General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of $5,000,000 per occurrence; $10,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as additional insured. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum combined single limit of $5,000,000 per occurrence. c. Workers’ Compensation and Employer’s Liability. Contractor agrees to provide workers’ compensation insurance for all of its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employer’s liability coverage with minimum limits as follows: $500,000 – Bodily Injury by Disease per employee; $500,000 – Bodily Injury by Disease aggregate; and $500,000 – Bodily Injury by Accident. No later than December 15 of each calendar year, Contractor shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor’s policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. Contractor’s policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days’ advanced written notice to the City, except for workers’ compensation. 6. Liquidated Damages. The paragraph entitled “Exceptions” under Section 25 of the Agreement shall be deleted in its entirety and replaced with the following: Contractor shall not be deemed to be liable for any failure or delay in performance under this Agreement due to contingencies beyond Contractor’s reasonable control, including, but not limited to, riots, terrorist acts, compliance with applicable laws or governmental orders, fires, or acts of God. Contractor’s failure to perform under this provision shall not constitute a breach of this Agreement. The collection or disposal of any increased volume resulting from a flood, hurricane or similar act of God over which Contractor has no control, shall not be included as part of Contractor’s services under this Agreement. In the event of increased volume due to a force majeure event, Contractor and the City shall negotiate the additional payment to be made to Contractor. Further, the City and Contractor will collaborate to determine variances in routes and schedules as deemed necessary to accommodate collection of the increased volume of Recyclable Materials. 7. Governing Law & Forum. Section 29 of the Agreement shall be deleted in its entirety and replaced with the following: This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. 8. Recyclable Material Preparation. The following shall be added to Section 3 of Exhibit A to the Agreement: Recyclable Materials collected from City facilities shall comply with all specifications provided by Contractor. To the extent any type of Recyclable Material is rejected by the recycling facility or is not of the intended quality or grade, Contractor shall follow the procedures outlined in Section 6.10 of Exhibit A to the Agreement. If market conditions develop that limit or inhibit Contractor from selling some or all of the Recyclable Materials collected from City facilities, as determined by the MPCA, Contractor may (i) suspend or discontinue any or all Recycling Collection services from City facilities, or (ii) dispose of the affected Recyclable Materials collected from City facilities in a landfill and update the City’s waste disposal rates accordingly. 9. Unacceptable Recyclable Materials. Section 6.10 of Exhibit A to the Agreement shall be replaced in its entirety with the following: If Unacceptable Recyclable Material is discovered before it is collected by Contractor, Contractor may refuse to collect the entire Recycling Cart or Recycling Container that contains the Unacceptable Recyclable Material. In such situations, Contractor shall provide written notice to the generator of the Unacceptable Recyclable Material and the City explaining the reason collection was refused. In the event Unacceptable Recyclable Material is present but not discovered until after it has been collected by Contractor, Contractor may, in its sole discretion, remove, transport, and dispose of such Unacceptable Recyclable Material at a facility authorized to accept such Unacceptable Recyclable Material in accordance with applicable law and charge the depositor or generator of such Unacceptable Recyclable Material for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of such Unacceptable Recyclable Material. Except where prohibited by law, the City shall cooperate with Contractor, at no expense to the City, to conduct an investigation to determine the identity of the depositor or generator of the Unacceptable Recyclable Material. The City shall not be liable for any costs incurred by Contractor in connection with such Unacceptable Recyclable Material, except to the extent that such Unacceptable Recyclable Material is deposited by the City. 10. Ownership of Materials. Section 4 of Exhibit A to the Agreement shall be replaced in its entirety with the following: All Recyclable Materials shall remain the responsibility of the resident, property owner, tenant or business establishment until handled by the Contractor at which point it becomes the responsibility and ownership of the Contractor. Title to and liability for materials not meeting the definition of Recyclable Materials or Recyclables, including without limitation Unacceptable Recyclable Materials, as those terms are defined herein, shall remain with the generator of such waste. 11. Collection Service Price. The following shall be added to Section 1.2 of Exhibit B to the Agreement: Year Collection Rate Processing Fee Total Rate 2019 $2.92 $0.39 $3.31 2020 $3.07 $0.62 $3.69 2021 $3.22 $0.65 $3.87 12. Basic Revenue Sharing Formula. Section 5.1 of Exhibit B to the Agreement shall be deleted in its entirety and replaced with the following: In the event the Net Processing Rate for any current year is greater than zero, Contractor agrees to share 50% of the savings with the City through a lump sum payment to the City. “Net Processing Rate” means the Commodity Value minus the Processing Rate. “Commodity Value” means the average amount Contractor receives per 12-month period on the sale of Recyclable Materials processed at the facility receiving the City’s Recyclable Materials. “Processing Rate” means the current rate Contractor charges to process Recyclable Materials. Contractor shall provide the City annual reports containing all information and data required to calculate and verify the Net Processing Rate, Commodity Value and Processing Rate. 13. Processing Fee. Section 5.2 of Exhibit B to the Agreement shall be deleted in its entirety. 14. Organics Recycling. The City shall have the option to add organics recycling services during the term of the Agreement. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least 90 days before the date such service change is contemplated to begin. Immediately after written notice is serviced, the parties shall enter into good faith negotiations concerning the terms, frequency and the details of pricing the organics recycling services that are provided. 15. Authority. Each individual signing this Amendment expressly represents and warrants that he/she has the right, legal capacity and full authority to execute this Amendment. 16. Conflicting Terms. In the event of a conflict between the terms of this Amendment and those contained in the Agreement, the terms of this Amendment will control and prevail. 17. Ratification. Except as specifically provided in this Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 18. Counterparts. This Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 19. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the parties and their respective successors and assigns; and (ii) this Amendment and the Agreement constitute the entire understanding between the parties in respect to the subject matter hereof. [Signature Page Follows] INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this Amendment as evidenced by the signatures of their authorized representatives below. CITY: CONTRACTOR: CITY OF GOLDEN VALLEY ALLIED WASTE SERVICES OF NORTH AMERICA, LLC Shepard Harris, Mayor BY: Its: Timothy Cruikshank, City Manager Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 3. K. Authorization of Golden Valley Chief of Police as Signing Authority for the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies Prepared By Jason Sturgis, Chief of Police Summary Minnesota Government Access (MGA) is an internet browser-based application that provides electronic access to appropriate court records and documents for government agencies through login accounts for individual users. Minnesota Court Data Services requires cities to submit a signed resolution authorizing signing authority for the Master Subscriber Agreement as part of the application for access process. Chief Sturgis is requesting permission to act as the signing authority on behalf of the City for this agreement. Attachment • Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies (15 pages) • Resolution for Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies (1 page) Recommended Action Motion to adopt Resolution authorizing Jason Sturgis, Chief of Police of the City of Golden Valley, to act as Master Subscriber Agreement Signing Authority on Behalf of the City Council of the City of Golden Valley. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 1 of 14 MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between , (Government Subscriber Name) of , (Government Subscriber Address) (hereinafter "Government Subscriber") and THE STATE OF MINNESOTA Office of State Court Administration , of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 , (hereinafter "the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber’s “Legitimate Governmental Business Need” as defined herein. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Government Subscriber agree as follows: 1.TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 2 of 14 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2.DEFINITIONS. 2.1 “Agency Account Manager” means the Government Subscriber employee assigned with the tasks of: (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber’s Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber’s Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber’s Individual Users and steps taken to remedy violations to the Court. 2.2 “Court Data Services” means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.mncourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 “Bulk Data Delivery” means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court’s databases and through any means of transmission, as described in applicable Policies & Notices and materials referenced therein. 2.2.2 “Court Integration Services” means pre-defined automated transmissions of i) Court Records from the Court’s computer systems to Government Subscriber’s computer systems; and/or ii) Government Subscriber Records from the Government Subscriber’s computer systems to the Court’s computer systems; on a periodic basis or as triggered by pre-determined events, as described in applicable Policies & Notices and materials referenced therein. 2.2.3 “MNCIS Login Accounts” means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 3 of 14 Information System (“MNCIS”), as described in applicable Policies & Notices and materials referenced therein. 2.3 “Court Data Services Databases” means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.4 “Court Data Services Programs” means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.5 “Court Records” means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.1 “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.2 “Court Confidential Case Information” means any information in the Court Records (including Court Documents) that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.3 “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.4 “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.5.5 “Court Documents” means electronic images of documents that are part of or included in a court file. 2.6 “DCA” means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 “Government Subscriber Records” means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 “Government Subscriber’s Individual Users” means Government Subscriber’s employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 4 of 14 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 “Legitimate Governmental Business Need” means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 “Policies & Notices” means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber’s use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court and/or the SCAO entitled “Limits on Public Access to Case Records” or “Limits on Public Access to Administrative Records,” all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2.12 “SCAO” means the State of Minnesota, State Court Administrator's Office. 2.13 “This Agreement” means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 “User Acknowledgement Form” means the form signed by Government Subscriber’s Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement (Exhibit A). 3.DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart, which is posted on the Policies & Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 5 of 14 4.AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber’s Individual Users shall access only the Court Data Services and Court Records (including Court Documents) necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber’s Individual Users for personal or non-official use, or any use that is not a “Legitimate Governmental Business Need” as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber’s Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber’s Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber’s Individual Users for personal or non-official use, or any use that is not a “Legitimate Governmental Business Need” as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber’s Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber’s Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber’s Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 6 of 14 Governmental Business Need by Government Subscriber or Government Subscriber’s Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber’s Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber’s Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber’s Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber’s Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber’s Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber’s Individual Users, the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber’s Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5.GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber’s Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber’s obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber’s Individual Users. Government Subscriber shall advise Government Subscriber’s Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber’s Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber’s Individual Users shall sign the User Acknowledgment Form (Exhibit A) before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber’s Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 7 of 14 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber’s Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber’s Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber’s agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber’s Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber’s Individual Users access to Court Data Services and Court Records (including Court Documents). 6.APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber’s access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber’s access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7.ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber’s Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber’s Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber’s Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber’s Individual Users to sign the User Acknowledgement Form (Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber’s Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 8 of 14 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a Government Subscriber’s Individual User is prohibited from accessing, using or disseminating Court Data Services and Court Records (including Court Documents). The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber’s Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8.LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents). SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” 8.4 Restrictions on Duplication, Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 9 of 14 Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber’s receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber’s Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 10 of 14 materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time-out feature, to Court Data Services Programs. 9.INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO’s licensors, and DCA will be irreparably harmed if Government Subscriber’s obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber’s Individual Users without the necessity of the Court, SCAO, SCAO’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO’s licensors, and DCA for reasonable attorney’s fees incurred by the Court, SCAO, SCAO’s licensors, and DCA in obtaining any relief pursuant to this Agreement. 10.COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11.AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber’s approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12.ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber’s Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 11 of 14 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber’s Individual Users or by means of Government Subscriber’s equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber’s Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber’s failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber’s logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber’s Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber, through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13.FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court’s approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 12 of 14 funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14.MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15.WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16.RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO’S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO’S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17.NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18.NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 13 of 14 19.FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20.SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21.ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22.GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23.VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24.INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25.MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Page 14 of 14 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. 1.GOVERNMENT SUBSCRIBER Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity (“Master Subscriber Agreement Signing Authority”), such as a council resolution, board authority or legally binding decision maker, and attach same as Exhibit B. 2.THE COURT By By (SIGNATURE) (SIGNATURE) Date Date Name (typed) Title Title CIO/Director Office Office Information Technology Division of State Court Administration 3.Form and execution approved for Court by: By: ___________________________ (SIGNATURE) Title: Staff Attorney - Legal Counsel Division Date: ____________________________ Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies – Revised September 29, 2015 Exhibit A User Acknowledgment Form The Agency identified below that I work for has contracted with the Office of State Court Administration (the “Court”) for the access and use of the Court’s Records and Documents. Under that contract, the Agency is required to have employees, student attorneys and contractors sign the written acknowledgment below before they are permitted access. I, ______________________________________________, as an employee/student attorney/contractor of __________________________________________________________ (“the Agency”), state the following: 1.I have read and understand the requirements and restrictions in the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies between the Agency and the Court. 2.I understand that I am not to share my login and password information. 3.I shall access and use the Court Records and Court Documents provided for only “legitimate governmental business needs.” I understand a “legitimate governmental business need” is limited to a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities that is required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self- regulatory body. 4.I shall not access or use Court Records or Court Documents for personal or non-official use or any use that is not a legitimate governmental business need as defined in paragraph 3, above. 5.I will not share Court Records or Court Documents with third parties other than as needed to further legitimate governmental business needs as defined in paragraph 3, above. 6.I understand that the Court is not liable for any Court Records or Court Documents not available due to computer or network malfunction, mistake or user error. The Court makes no warranties as to the completeness or accuracy of the Court Records and Court Documents provided. 7.I agree to notify the Court when I no longer work for the Agency or no longer have a legitimate governmental business need for Court Records and Court Documents. I agree to stop accessing court records and documents when this occurs. 8.I understand that should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination of my access to Court Records and Documents, and may result in the suspension or termination of the access to Court Records and Documents by the Agency, and other civil and criminal liability. Date: ______________ By: _________________________________________________ Employee/Student Attorney/Contractor for Agency RESOLUTION NO. 18-62 RESOLUTION AUTHORIZING JASON STURGIS, CHIEF OF POLICE OF THE CITY OF GOLDEN VALLEY, TO ACT AS MASTER SUBSCRIBER AGREEMENT SIGNING AUTHORITY ON BEHALF OF THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY WHEREAS, the court offers Court Data Services, as defined in the Master Subscriber Agreement for Minnesota Court Data Services For Governmental Agencies, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted within The Master Subscriber Agreement; and WHEREAS, the City of Golden Valley desires to use Court Data Services, and the Court desires to provide the same, to assist the City of Golden Valley in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body according to The Master Subscriber Agreement; and WHEREAS, the City Council of the City of Golden Valley has determined that it is in the best interest of the City of Golden Valley to enter into a Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies. THEREFORE BE IT RESOLVED BY THE Golden Valley City Council: That Jason Sturgis, Chief of Police of the City of Golden Valley hereby be authorized to sign on behalf of the City of Golden Valley and bind the City of Golden Valley to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of October, 2018. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 60 Day Deadline: October 2, 2018 60 Day Extension: December 1, 2018 Agenda Item 4. A. Public Hearing - Approval of Conditional Use Permit 161 - 2429 Douglas Drive North - Retro Companies, Inc., Applicant Prepared By Emily Goellner, Associate Planner/Grant Writer Summary Retro Companies, Inc., represented by Todd Ofsthun of TCO Design, is proposing to locate a 24- hour comprehensive care Residential Facility for 22 individuals at 2429 Douglas Drive. The applicant, Retro Companies, Inc., is licensed by the Minnesota Department of Health to provide services for people who, because of an illness, disability, or physical condition, cannot perform certain tasks for themselves, or who cannot travel to receive health services. The proposed facility and site is designed to meet R-2 zoning standards and would consist of two floors of assisted living and transitional care units. At the Planning Commission meeting on September 11, the Commission recommended approval (6-0) of Conditional Use Permit 161. The Commission recommended that a condition be added that addresses parking for events. Minor wording clarifications were also suggested and have been incorporated into staff’s recommendation. A notice about the proposal was sent to property owners within 500 feet of this site by the applicant on August 29, 2018. No comments or questions have been received. The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use: The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. Consistency with the Comprehensive Plan: The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density: The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Compliance with Mixed-Income Housing Policy: This proposed Residential Facility is exempt from the Mixed-Income Housing Policy requirements because it is not a market rate residential rental development. The proposed building is designed for residents requiring 24- hour medical care and does not include any units designed for independent living. 7. Increase in Noise Levels: This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 8. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 9. Impact of Pests: The proposed use is not anticipated to attract pests. 10. Visual Impact: The proposed facility adheres to the R-2 zoning requirements and is designed to fit the character of the surrounding neighborhood. The building orientation on the site allows for the front side of the facility to look similar in size to a single family home while extending further back into the site. It would have minimal visual impact and would be consistent with other properties in the area. 11. Other Effects to Public Health, Safety, and Welfare: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. Staff recommends approval of Conditional Use Permit 161 for a Residential Facility serving up to 22 persons at 2429 Douglas Drive based on the evaluation of the factors in the City Code that determine eligibility of a conditional use. The approval of a Conditional Use Permit is subject to the following conditions: 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur between 8 am and 5 pm on weekdays and weekends. 3. The exterior dumpster shall be screened from view. The screening shall be made of material compatible with the building. 4. A plan addressing parking for planned events will be subject to review by the City. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments • Location Map (1 page) • Applicant’s Narrative (4 pages) • Memo to the Planning Commission, dated September 11, 2018 (4 pages) • Planning Commission Minutes dated September 11, 2018 (7 pages) • Plans submitted by TCO Design on August 3, 2018 (7 pages) • Memo from Ted Massicotte, Fire Department, dated September 4, 2018 (1 page) • Memo from Eric Eckman, Engineering Division, dated September 4, 2018 (4 pages) • Ordinance #644, Approval of Conditional Use Permit 161 - 2429 Douglas Drive North - Retro Companies, Inc., Applicant (2 pages) Recommended Action Motion to adopt Ordinance #644, Approval of Conditional Use Permit 161 - 2429 Douglas Drive North - Retro Companies, Inc., Applicant. 70 Medicine Lake Rd 6531 6525 6509 6435 6409 6339 2565 2560 Z m 2640 Q 2530 2545 6040 2531 2527 c O 6060 LL 2525 2520 2515 2511 49 6055 Subject zsos Property 2510 2465 s 6 y 2465 41 2501 2502 2501 2455 t U 2455 2430 2445 2429 �e a 6127 2435 SalPltbUtY� 2417 6117 Athletic 2425 6107 2400 ravidy 2410 2415 2400 6150 6130 6120 6110 6140 5 TCD S be VL %.Of 9330 Thomas Avenue North, Brooklyn Park, MN 55444 Office 763-424-3676 cell 952-994-8276 August 1, 2018 todd@tcodesign.net Re: Conditional Use Permit Application 2429 Douglas Drive North Golden Valley, MN 55422 City of Golden Valley Planning Department 7800 Golden Valley Road Golden Valley, MN 55427 Retro Companies Inc. Comprehensive Care Facility — Project Narrative Background This property had a fire damaged house when Retro Companies Inc. came across it and determined it would be a nice quiet location for their project. The proposed project is an assisted living and transitional care facility with approximately 11,700 SF containing no more than 22 senior and transitional care units. The proposed structure will be two stories. The project will be located at 2429 Douglas Drive North. The existing fire damaged house has already been removed by Retro Companies, Inc. The property has Douglas Drive North to the East. The new facility will be accessed with a curb cut from Douglas Drive North. There are several advantages to a residential care facility for this neighborhood. It is important to the owner and operators that this facility is well maintained and run. All aspects of site and building maintenance will be kept to high standards. The families and groups associated with Comprehensive Care have high standards for this type of facility and for their patients. They are caring family members, medical professionals or business professionals. These types of facilities are quiet and low key. There will be no large and loud parties or gatherings. Its 24 hour a day security will be a nice buffer from the busy Douglas Drive area. I similar facility we were involved with during concept and application has proven to be an asset to their neighborhood in Fridley. The high maintenance, quality landscaping, quiet nature of the facility and the 6-0 privacy (similar to this proposed facility) has pleased the City staff and neighbors. n o Factors of evaluation 1. All cities have demonstrated a need for assisted living and memory care facility. New facilities fill quickly. Another project TCO Design is connected with has a study showing a need for 46 units in this area of Golden Valley. 2. A small assisted living and memory care facility in a Moderate Density neighborhood is consistent with the Comprehensive Plan of the City by providing a needed service while fitting with existing available City utilities and County road. 3. The new building and lot will have a value of$1,000,000-$1,500,000 when finished compared to current property values of$275,000-$325,000 in the area. 4. This type of facility will have minimum impact on traffic flow and congestion. None of the residents will have vehicles. The number of car trips will be comparable to a single-family duplex. The newly updated County road is adequate to support such traffic. 5. Because the residents stay mostly on site or organized day trips, there will be minimal effect on surrounding land uses. The staff will also perform their duties on site and will have a positive effect by patronizing local businesses. 6. The proposed use may be difficult to state that it is in compliance with the City's Mixed Income Housing Policy. It is not a private facility and therefore, is available to Resident's regardless of income. 7. The proposed facility will not increase noise levels over the allowed uses for this neighborhood. The facility will have more activity than the usual Moderate Density use in the mornings during the week but will be quieter in the evenings and weekends compared to typical homes. No large parties or gatherings. 8. The proposed use does not generate unusual odors, dust, smoke, gas, or vibrations. 9. The proposed facility will not increase flies, rats, or other vermin in the area. It will likely be less than the average area land use by having a high level of maintenance by professionals. 10. The proposed building will use exterior materials consistent with current residential construction. We will use a nice balance of manufactured stone and `LP SmartSide'. The siding will vary using a combination of textures and colors. Other architectural features such as decorative vents and brackets will be used to add visual interest. The roof will be finished with `shake look' architectural asphalt shingles. 11. The proposed facility will be highly maintained. It will have 24 hour a day security and will be taken care of residents in need of their services. Because of this, this proposed facility will have a positive effect upon the general public health, safety, and welfare of the City and its residents. Zoning and Land Use 2429 Douglas Drive North is currently guided and zoned Single-Family R-1 Residential. Retro Companies, Inc. has already re-guided and re-zoned this property to Moderate Density R-2 Residential. The Planning Commission and City Council has unanimously approved the Zoning Map Amendment and General Land Use Map Amendment applications. We are waiting for the Met Council's final approval. The property is approximately 0.51 acres. The Comprehensive Care Facility will be the sole principal structure on the property. A conditional use permit will be required to allow the assisted living use on the new R-2 zoning. Buildin The proposed building will consist of two floors of assisted senior living and transitional care units. The first floor will be 5002 sq.ft. There will be 8 care units on the first floor along with a generous gathering/dining space. The second floor will be 6302 sq.ft. It will have 14 care units along with a small office/day area. There will be a total of 22 care units. An elevator will be provided in the main dining area. The residents will get assisted living care, memory care and transitional care. Transitional care being patients that need 24-hour care, but do not qualify to stay in a hospital or have family or friends that can give them that level of care. Examples would be post-op, pre-op, dialysis, bariatrics, respirator, etc. Transitional care residents are quiet and static. Memory care patients are not allowed to wander outside of the facility without being accompanied by a care team member. The residents of this facility will not have vehicles of their own and will not leave the facility without be accompanied by a staff member or family member. The facility will operate under the Minnesota state Comprehensive Care License. The maximum number of employees when the facility is full will be 8. This is the number of employee required by the State for this type of facility and care. This is also the number that a management company needs to provide the patients with meals, personal hygiene, housekeeping and any other patient needs. Building and exterior maintenance will be out sourced. The proposed facility operates 24 hours a day, but is only available to employees, residents and expected guests. The anticipated employees and visitors during the day is as follows: Shift 1 —7am to 3pm — 8 employees and 2-3 visitors at a time (assumes average 30 minute visits). Shift 2— 3pm to 11 pm —5 employees and 4-6 visitors at a time (assumes average 30 minute visits). Shift 3— 11 pm to 7am —3 employees and 0-2 visitors at a time (assumes average 30 minute visits). These are anticipated and are adjusted and dealt with based on patient needs at the time. Site The overall site is approximately 0.51 acres and the area to be disturbed for the proposed project is roughly 0.45 acres. The site is designed to meet R-2 zoning standards. Setbacks for the property are per the table below. Building Setback Pavement Setback Require Proposed Required Proposed Front/ Douglas 35 Feet 35 Feet 35 Feet 35+ Feet Drive ROW Side Yard / (North 13 Feet 13+ Feet 6.5 Feet 6.5+ Feet and South Rear Yard / 25 Feet 25+ Feet 25 Feet 25+ Feet (West) Access and Parking Site access is provided with a curb cut off Douglas Drive North. Parking has been provided to serve the proposed building in adherence to City Code with 12 exterior surface stalls. The City requires 5 off street parking spaces for this type of facility with this number of beds. An accessible stall is provided in front of the building with a curb cut ramp providing access to the main concrete sidewalk. The stalls are 9'x18.5' and adjacent to a concrete sidewalk to account for bumper overhang. Drive aisles are 24' in width. An emergency vehicle turn around was not perceived to be necessary because of the shallow depth and access from Douglas Drive North. There is plenty of on-site snow storage space. Landscaping and Tree Preservation Landscaping is designed to provide site character and blend into the surrounding existing tree canopy. We plan to preserve existing trees that fall outside of the grading limits and provide 6-0 tall fence screening from abutting residential properties. The project will have a proposed planting schedule which provides ample landscaping and screening for the site. The types (species) of new trees and minimum size specified meets the City ordinance. Grading, Drainage, Utilities and Stormwater Treatment Proposed site grades, drive aisles, parking areas, utilities and stormwater treatment will be addressed by our civil Engineer prior to building permit application. Retro Companies Development Schedule July, 2018—Application to the City of Golden Valley Fall, 2018—Building Permit Application Fall, 2018—Begin Construction Coylt.nt.err'LaLpraft,6� avvd t-tovvepesiov' pedLcatiovL to exreUeoze city OY, olldc MEMORANDUM valley Physical Development Department 763-593-8095/763-593-8109(fax) Date: September 11, 2018 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing—Conditional Use Permit (CUP-161) to Allow for a Residential Facility serving up to 22 persons at 2429 Douglas Drive— Retro Companies, Inc., Applicant Summary Retro Companies, Inc., represented by Todd Ofsthun of TCO Design, is proposing to locate a 24- hour comprehensive care residential facility for 22 individuals at 2429 Douglas Drive. This Residential Facility would include assisted living, memory care, and transitional care. The property was recently approved by the City Council (5-0) to be rezoned from an R-1 Single-Family Residential Zoning District to an R-2 Moderate Density Residential Zoning District. Residential Facilities are licensed by the State of Minnesota to provide 24-hour care. They are permitted in the R-2 Zoning District when serving 6 or fewer persons. If the Facility serves between 7 and 25 persons, the Facility requires a Conditional Use Permit (CUP). Facilities serving more than 25 persons also require a CUP, but must locate only in the R-3 or R-4 Residential Zoning Districts. The applicant, Retro Companies, Inc., is licensed by the Minnesota Department of Health to provide services for people who, because of an illness, disability, or physical condition, cannot perform the tasks for themselves, or who cannot travel to receive health services. The applicant operates a similar facility in a residential neighborhood in Fridley. The proposed facility and site is designed to meet R-2 zoning standards and would consist of two floors of assisted senior living and transitional care units. The first floor would include 8 care units and a gathering/dining space. The second floor would include 14 care units and a small office/day area. There would be a total of 22 care units. Existing Conditions The property is located on Douglas Drive, which was reconstructed in 2017. A single-family home was demolished in 2017 after it was damaged by lightning. The lot is approximately .51 acres. There are single-family and two-family homes located to north, east, and west. A vacant city- owned property and Sandburg Athletic Facility is located to the south. A location map is attached. Employees and Visitors The application states that there will be a maximum of 7 employees when the facility is full—the number required by the State for this type of facility and care. The anticipated employees and visitors during the day is as follows: Shift 1: 7am to 3pm —7 employees and 2-3 visitors at a time (assumes average 30 minute visits) Shift 2: 3pm to 11pm —5 employees and 4-6 visitors at a time (assumes average 30 minute visits) Shift 3: 11pm to 7am —3 employees and 0-2 visitors at a time (assumes average 30 minute visits) Parking,Traffic, and Deliveries The site will be accessed from Douglas Drive and will include 12 exterior surface parking stalls. City Code requires 5 parking spaces for this type of facility with this number of beds. This use would generate a small amount of vehicle trips. Douglas Drive has more than sufficient capacity to accommodate this use. Staff recommends that all vehicle deliveries must take place on-site and must occur after 8 am on weekdays and weekends. This has been added to the recommended conditions for approval. Neighborhood Mailing A mailing was sent to property owners within 500 feet of this site by the applicant on August 29, 2018. No comments or questions have been received. Potential for Second Phase of Development The property to the south, 2417 Douglas Drive, is a vacant City-owned parcel. A single-family home was located on this property prior to the reconstruction of Douglas Drive. The City acquired the property during that process at the request of the property owner. At that time, the City assumed that the land could be used as a parking lot for Sandburg Athletic Facility since there were parking issues in the area. Since then, the parking problem has been addressed. The significant capital investment required for the construction of a parking lot is probably no longer warranted, especially if a lot can be built in the future utilizing land already within the boundaries of the Sandburg Athletic Facility. Staff recommends that this property be utilized for residential development in the future. In the draft 2040 Comp Plan, it is guided for Moderate Density Residential (equivalent to R-2 Zoning). The City has completed an appraisal and survey of this property to prepare it for sale. Retro Companies has expressed interest in this property for a second residential facility or an expansion of this proposed facility. If the applicant pursues this opportunity, additional public hearings and approvals would be required at that time. The CUP application under consideration now is only for 22 units at 2429 Douglas Drive (see attached plans and project narrative). Mixed Income Housing Policy This proposed Residential Facility is exempt from the Mixed Income Housing Policy requirements because it is not a market rate residential rental development. The proposed building is designed for residents requiring 24-hour medical care and does not include any units designed for independent living. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use:The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. Consistency with the Comprehensive Plan:The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density:The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Mixed Income Housing Policy:This proposed Residential Facility is exempt from the Mixed Income Housing Policy requirements because it is not a market rate residential rental development. The proposed building is designed for residents requiring 24-hour medical care and does not include any units designed for independent living. 7. Increase in Noise Levels: This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 8. Impact of Dust, Odor, or Vibration:The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 9. Impact of Pests: The proposed use is not anticipated to attract pests. 10. Visual Impact: The proposed facility adheres to the R-2 zoning requirements and is designed to fit the character of the surrounding neighborhood. The building orientation on the site allows for the front side of the facility to look similar in size to a single family home while extending further back into the site. It would have minimal visual impact and would be consistent with other properties in the area. 11. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. Recommended Action Staff recommends approval of Conditional Use Permit 161 allowing for a Residential Facility serving up to 22 persons at 2429 Douglas Drive. The approval of a Conditional Use Permit is subject to the following conditions: 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. 3. The exterior dumpster shall be screened from view and made of material compatible with the building. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Applicant's Narrative (S pages) Memo from Engineering Division dated September 4, 2018 (1 page) Memo from Fire Department dated September 4, 2018 (1 page) Plans submitted by TCO Design on August 3, 2018 (7 pages) Regular Meeting of the Golden Valley Planning Commission September 11, 2018 A regular meeting of the Planning Com sion was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley ad, Golden Valley, Minnesota, on Monday, tember 11, 2018. Chair Baker called a meeting to order at 7 pm. Those sent were Planning Commissi ers Angell, Baker, Blum, son, Pockl, and Segelbau Iso present were Associate lanner/Grant Writer y Goellner and Administrative sistant Lisa Wittman. C missioner Bro was absent. 1. Approval of Min July 23, 2018, Regular Pla Co sion Meeting Johnson referred to the discussio a the Future Land Use Map and noted that the southeast cornerof Winne venu ighway 55 is guided for Medium Density Residential. He questione y the sam riten n't being used for the area by Wally Street when it is also al the same hig intensity 'c corridor. Blum said he agrees that the area by Wa treet hasn't been eated the sa s the Winnetka Avenue/Highwa area. Goellner said a could pass on t ommissioners comments. J son said he would sum rize his concerns in an ail and send it to Planning nager Jason Zimmerman. M D by Segelbaum, seconded by An ell and motion carried unanimousl approve t July 23, 2018, minutes as submitted. 2. Informal Public Hearing — Conditional Use Permit— 2429 Douglas Drive North — CU-161 Applicant: Retro Companies, Inc. Address: 2429 Douglas Drive North Purpose: To allow for a 22 unit senior and transitional care facility in the R-2 Zoning District. Goellner stated that this property is currently zoned R-2 and guided Medium-Low Density Residential. The future land use map guides the property Moderate Density Residential. She explained the applicant's proposal to construct a 22-unit Residential Facility that will be licensed by the Minnesota Department of Health and will provide 24-hour care including assisted living, transitional care, and memory care. She stated that the proposed building would be two stories in height and will meet the R-2 Zoning District requirements. She added that the floor plan is designed for assisted living and that the units do not include kitchens and will share bathrooms. Minutes of the Golden Valley Planning Commission September 11, 2018 Page 2 Goellner referred to a site plan of the property and stated there are 12 parking spaces proposed and that the Zoning Code requires five parking spaces and four bike parking spaces. Goellner stated that the applicant anticipates having three shifts with three to seven employees and zero to six visitors at a time depending on the shift. She added that the applicant is interested in a potential second phase of development which would use the property to the south at 2417 Douglas Drive. She noted that any proposal for a Conditional Use Permit for this second phase would require additional public hearings. Goellner discussed the evaluation criteria used when considering Conditional Use Permits and stated that this proposal has demonstrated the need for a Residential Facility, is consistent with the Comprehensive Plan, will have no effect on property values, will have no adverse effect on traffic, and there is no significant concern regarding noise, dust, odor, vibration, and pests. She noted that the City's Mixed-Income Housing Policy is not applicable in this case and that Commissioner Brookins questioned if stone or brick exterior materials could be used to help mitigate any negative visual impacts. Goellner stated that staff is recommending approval of the proposed Conditional Use Permit with the following conditions: 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur after 8 am on weekdays and weekends. 3. The exterior dumpster shall be screened from view and made of material compatible with the building. Johnson questioned if this facility will serve the needs of Golden Valley residents or residents of other cities as well. Segelbaum stated that the requirement of five parking spaces seems small and questioned how the parking requirement is calculated. Goellner stated that the parking requirement is one parking space per five beds. She noted that none of the residents will have cars so the parking spaces will be used by employees. Baker stated that during holidays and other times there will be a need for additional parking and questioned where that would occur. Baker asked about the property to the north. Goellner stated that 2501 Douglas Drive is a single family home. She added that she has not been contacted by the owners of that property. Todd Ofsthun, TCO Design, discussed the exterior building materials. He stated that they will be using LP Siding and cedar shakes with different colors and that they will be using a significant amount of manufactured stone which will help the building fit in with Minutes of the Golden Valley Planning Commission September 11, 2018 Page 3 the neighborhood. He showed the commissioners a photo of their Fridley location. Blum asked if the design choices were made in order to make the building fit in a residential area. Ofsthun said yes, they are trying to give the building a house feeling. Ofsthun referred to the parking and stated that they based the number of parking spaces on their other facilities. He agreed that holidays are tougher regarding parking but they try to schedule car pools and stagger event times. He suggested that parking could occur on Wynnwood Road or at the shopping center to the north. He agreed that holiday parking will need to be addressed, but the day to day parking will be fine. Segelbaum asked how many parking spaces there are at the Fridley location. Ofsthun said there are 10 outdoor spaces, and six indoor spaces and that they also have some on-street parking available. Segelbaum asked if that has been sufficient. Ofsthun said yes. Blum referred to the site plan and asked about the spaces in the parking lot that have diagonal lines drawn through them. Ofsthun explained that the hatched areas shown on the site plan are loading/unloading areas and ADA areas. Blum asked if that means that there are actually only nine parking spaces that are able to be used. Ofsthun said no, there 12 parking spaces total. Johnson asked the applicant if this facility will be for Golden Valley residents. Ofsthun stated that they need to keep the facility full. He added that they could possibly give some priority to Golden Valley residents, but that they could not guarantee that. Don Krause, Property Owner, stated that there is a very large need for this type of facility and that they will only be meeting 25% of the need. He added that patients will come from all the hospitals in the area and that the potential second phase will help with the need as well. Baker asked what the capacity of the second phase would be. Krause stated that the second phase would be almost identical to this first phase. Baker commented that this is not a senior living facility, but rather a facility for people coming out of a hospital and waiting for a longer term facility. Krause agreed. Segelbaum noted that there will be medical transports brought to the site and asked about the plan for how patients are brought into the building. Krause stated that the loading area is accessible and will be used to bring patients in and out. Ofsthun added that the driveway will be 24 feet wide with plenty of room to maneuver around this small facility. Baker asked the applicant if they will provide any financial assistance. Krause explained that at this time there is a financial level they have to hit in order to provide this type of specialty care. He said he would consider allowing a small portion of the building to be used for people who need financial assistance. Minutes of the Golden Valley Planning Commission September 11, 2018 Page 4 Baker referred to the third condition in the staff report and said it should be reworded to state that the screening, not the dumpster, should be made of materials compatible with the building. Pockl asked about the plans for the south side of the property. Ofsthun said that will be green space, maybe with a walking path. Blum asked about snow storage plans. Ofsthun said if there is a major amount of snow it will be removed from the site and that regular amounts of snow will be pushed alongside the driveway and near the dumpster. Johnson asked about the proposed porous asphalt shown on the plans. Ofsthun stated that they have used porous asphalt in other projects they've done. He explained that it looks like regular pavement but it allows water to filter through it and infiltrate into the ground below it so it is good for stormwater management. Blum asked if it was correct to say that 30% of the asphalt would be porous asphalt. Ofsthun stated that approximately two-thirds of the asphalt would be porous asphalt. Angell asked if the regular asphalt areas will drain toward the street or toward the porous areas. Ofsthun said the site slopes slightly from the west toward the street. Pockl referred to the renderings and asked about the third story window when this is a two-story building. Ofsthun stated that is just a window in the gable and not a third story. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Baker said he is concerned about the amount of parking. He suggested adding a condition that requires them to use a shuttle at certain times or to have a plan to deal with any potential issues. Segelbaum stated that the applicant could require their employees to park off site during certain events. He added that the Zoning Code requires five parking spaces and that the applicant is providing 12. Blum stated that the Commission could use the adequacy of the parking as a part of their evaluation of the Conditional Use Permit. Baker reiterated that he wants some sort of commitment from the applicant to address the parking concerns. Goellner suggested adding a condition that requires a plan for parking that is satisfactory to the City Attorney. Segelbaum said that would be reasonable. Johnson asked why the plan couldn't be satisfactory to the City Manager instead. Blum suggested the language state that the plan needs to be satisfactory to the City. Goellner said she would add that as a fourth condition of approval. Blum referred the City Engineer's staff report and noted that a lot of the requirements are "musts" but when it came to removing buckthorn from the property the memo says "recommends." He stated that it is required by law to remove invasive species so it seems appropriate to make that a requirement. He also suggested that there be a required amount of time for removal and that it should be maintained for the duration of the CUP. Goellner noted that there is a statement in the staff report which states that the Minutes of the Golden Valley Planning Commission September 11, 2018 Page 5 approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Blum said he thinks they need to clarify it in the CUP as a condition because residents have asked the City to do this. Goellner noted that the tree and landscaping ordinances can also be used to make sure buckthorn is removed. Blum said he doesn't want it to be thrown by the wayside and that he wants it to be condition of approval, not just a recommendation. Johnson said he doesn't think they need to make it more complicated than to say they have to follow all the rules. He added that there are a number of rules that the applicant will have to follow without calling them all out. Blum questioned how the City addresses what they have heard from the public. Baker said he agrees that removing buckthorn is important, but he agrees with Commissioner Johnson that it is not more important than all of the other rules and laws the applicant will have to follow. Blum said thinks the application was done well, but none of the items in the applicant's narrative get put into an agreement and they aren't requiring anything that is asserted in the application. He said he would like to see some assurances that the things mentioned in the application actually happen. Baker asked Blum is there is anything in particular from the applicant's narrative he would like to see added to the approval. Blum said he thinks it is reasonable to say that the whole document should be part of the approval and that the applicant should be held to the things they are asserting. Baker noted that an applicant's narrative is more aspirational than firm or set in stone at this point in the process. Ofsthun said he would agree with adding their narrative to the conditions of approval. Segelbaum questioned why the Planning Commission hasn't required that for every petition they've heard and said he always assumed that was the case already. Goellner noted that there is going to be some training regarding Conditional Use Permits in October. She stated that the training will discuss how much applicants are held to, what the City is allowed to require, the legal implications, etc. She added that the City Attorney is recommending the conditions of approval listed in the staff report. Blum said in effect staff is asking the Planning Commission to disregard what the applicant has submitted. Segelbaum said he thinks the Planning Commission has to accept what the City Attorney has recommended or table this proposal to get further clarification. Baker said it doesn't seem fair to table this particular application. Blum said he just wanted to be clear that they are disregarding the applicant's assertions. Segelbaum said that if there is something they feel strongly about it should be made a condition. Angell asked Goellner if the applicant's narrative is taken into account when writing the staff report. Goellner said yes and explained that conditions of approval should be related directly to the impact of the specific use of a 22-unit residential facility. She added that staff relies on all of the City's ordinances to address problems that may come up with properties that have, or don't have, a Conditional Use Permit. Blum referred to the staff's recommendation regarding delivery times and noted that it addresses a delivery time for drop-off's in the morning, but it does not recommend a time in the evening. Baker suggested the delivery times be 8 am to 8 pm. Segelbaum suggested 8 am to 5 pm since there are single family residential properties nearby. He Minutes of the Golden Valley Planning Commission September 11, 2018 Page 6 added that that this appears to be the sort of care facility that is needed, the building looks nice, and will be an asset to the community. Baker added that it is also in a terrific location and he is impressed with the application submittal. Blum agreed that the building looks like it will meld into the surrounding residential area. MOVED by Segelbaum, seconded by Pockl and motion carried unanimously to recommend approval of Conditional Use Permit #161 subject to the following findings and conditions: Findings 1. Demonstrated Need for the Proposed Use: The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. Consistency with the Comprehensive Plan: The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. Effect on Property Values: There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. Effect on Traffic: The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. Effect of Increases in Population and Density: The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. Mixed Income Housing Policy: This proposed Residential Facility is exempt from the Mixed Income Housing Policy requirements because it is not a market rate residential rental development. The proposed building is designed for residents requiring 24-hour medical care and does not include any units designed for independent living. 7. Increase in Noise Levels: This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 8. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 9. Impact of Pests: The proposed use is not anticipated to attract pests. 10. Visual Impact: The proposed facility adheres to the R-2 zoning requirements and is designed to fit the character of the surrounding neighborhood. The building orientation on the site allows for the front side of the facility to look similar in size to a single family home while extending further back into the site. It would have minimal visual impact and would be consistent with other properties in the area. 11. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. Minutes of the Golden Valley Planning Commission September 11, 2018 Page 7 Conditions 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur between 8 am and 5 pm on weekdays and weekends. 3. The exterior dumpster shall be screened from view. The screening shall be made of material compatible with the building. 4. A plan addressing parking for planned events will be subject to review by the City. Draft 2040 Comp Plan Update — blic Comments Goe er explained that the public comm t period for the Draft 2040 Comp Plan U to ended ly 15. Staff will be working on in orporating the comments into the PI nd would Ii k o know if there are any items n the list in the agenda packet t tand out to the Plan in ommission or anything thPlanning Commission want ff to follow-up on. She state at the Plan will be comi g to the Planning Comm' on in November for a public hearing. Segelbaum suggeste rganizing the c ments by ch r. Blum suggested adding th urvey co ents to a larger response pool in order to give proper weight to particu issues. egelb, agreed that all of the comments made should be added. Goellner stat that of comments have been added. Baker asked if staff has heard from the adjacent cities. Goellner said no, but they have until November to respond. Johnson referred to the comm aski g t t the word "citizen" be replaced with the word "resident." He said the word " izen" i ' actu more inclusive so he suggests defining the words or using the sa logic in t e whole cument. Goellner stated that staff is going to talk to the City' ommunica ons Mana and the HR Director about which term to use. hort Recess-- 4. Repo on Meetings of the H sing and Redevelop t Authority, City Cou 1, Board of Zoning App als and other Meetings No re s were given. 5. 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W Ng^ W I m ; U zz I N I I o I a I Q I a a I Z Z L Q p Z i a I O J I I O i a l N ZW LJ, J N Iv I C I o I O I o I k I W J 1 O x O 0 O a 3> x i aQ'w Q LU I pa w V I v ai a z o L` V- N U QZa I 1 O. LL¢ n z 5 a I w g ¢ 0 I W zw a LL a rn w S I Ni- O FU I Q Z O Y R rLL¢ w w Q a¢ f- L o 0 a ua en. N, 9 m o z— x— z— x— z— z— x— x— x— x— x— x— x— x— z— x x— x i p 0 m a U 6inP l! II! lfl 98LLS u& saQ Otl\ Buuaaui6u3\ ui auua4- lZ- BCL- 6Z Ranins: O Il 'n r valley Fire Department 763-593-8079/763-593-8098 (fax) Date: September 4, 2018 To: Emily Goellner From: Ted Massicotte, Deputy Fire Chief Subject: CUP— 161, Retro Companies—2429 Douglas Dr. N. I have reviewed the conditional use permit proposal from Retro Companies for a new assisted living/transitional care facility to be located at 2429 Douglas Drive N. At this time, I have no comments on the proposal and based on Minnesota State Fire Code (MSFC) and Minnesota State Building Code (SBC) it appears that this use would be acceptable. Moving forward the owner will still need to comply with all MSFC and SBC requirements for construction. If you have any questions, please contact me at 763-593-8080, or my e-mail address, tmassicotte(a)_goldenvalleymn.gov citil 4 olden MEMORANDUM valley Physical Development Department 763-593-8030/763-593-3988(fax) Date: September 4, 2018 To: Jason Zimmerman, Planning Manager From: Jeff Oliver, PE, City Engineer Eric Eckman, Development and Assets Supervisor Subject: CUP— Retro Companies—2429 Douglas Drive North Engineering staff has reviewed the application to construct a two-story assisted living and transitional care facility containing 22 units at 2429 Douglas Drive North. The comments contained in this memorandum are based on plans dated July 30, 2018. 1. Plats and easements. City records indicate the subject property is unplatted and therefore there are no platted easements dedicated over the property. However, the City acquired a permanent easement for street and utilities over a portion of the property abutting Douglas Drive in 2015 as part of the Douglas Drive reconstruction project. This easement area appears to be accurately reflected in the plans submitted. 2. Demolition —The house that previously occupied this property was demolished in 2017. 3. Site Plan and Access- Plans indicate the existing driveway will be expanded from 18 feet wide to 24 feet wide to provide access to the new building and parking lot. The sidewalk, curb, and driveway apron constructed as part of the Douglas Drive improvements will be impacted by this expansion. The developer or contractor will need to obtain Right-of-Way Management permits from the City and Hennepin County before starting work. All improvements must meet City and County requirements, including ADA accessibility guidelines. As a reminder, in order to protect the City and County's investment in infrastructure, no pavements cuts or excavations are allowed between November 1 and the date that spring load restrictions are lifted by MnDOT, typically around late April or early May. 4. Sidewalks and Trails—The plans show a private sidewalk connection from the building to the sidewalk along Douglas. Staff supports this connection. 5. Utility Plan—A preliminary utility plan was submitted as part of this application. The plan shows the construction of new water and sewer services from the City's mains under Douglas Drive to the new building. Comments on the plan follow and must be addressed before permit issuance. a. The existing water and sewer services to this property were sized for single family residential use and will not be reused. The existing services must be removed all the way to the City's mains under Douglas Drive if pavement impacts are expected as part of this project. b. Plans show that a portion of the new services under Douglas Drive will be directionally bored underground to minimize impacts to the street. However, some excavation will be required to connect to the City's water main. Douglas Drive is a County Highway and was recently reconstructed. The County has indicated, if the roadway is impacted, it will need to be restored to meet County standards, which may include concrete replacement, full-width asphalt mill and overlay to an extent determined by the County, and replacement of ground-in pavement markings. A Hennepin County permit is required for this work. Staff supports the applicant's efforts to minimize roadway impacts and will further discuss the utility plan with the applicant and County staff prior to permitting. c. Because the proposed development will provide critical care services to vulnerable populations, and in order to minimize service disruptions, water shut-off valves must be added to all three legs of the "tee" intersection where the service meets the City's main. This will be discussed further as part of the final approval of the utility plan at the time of permitting. d. New private utilities such as gas, electric, and communications must be installed underground to the new building. Pavement impacts must be avoided or minimized and restored to County standards as part of the installation. e. Inflow and Infiltration (1/1) -The City has a Sanitary Sewer 1/1 Reduction Ordinance to reduce the amount of clear water entering the sewer system. All buildings and sewer services are subject to the City's 1/1 Ordinance and properties must obtain a certificate of compliance. All new or rehabilitated sewer services must be inspected by the City after construction, and must achieve compliance with the City's 1/1 Ordinance prior to occupancy. f. City sewer, water, and storm sewer permits are required for this development. MCES and City SAC and WAC fees apply. g. City and County Right-of-Way Management permits are required for all excavations and obstructions within public right-of-way. The details and extent of restoration will be determined by the City Engineer and County staff at the time of permitting. As a reminder, in order to protect the City and County's investment in infrastructure, no pavements cuts or excavations are allowed between November 1 and the date that spring load restrictions are lifted by MnDOT. 6. Stormwater Management—The applicant has submitted a preliminary grading, drainage, and erosion control plan (stormwater plan). Comments on this plan follow and must be addressed before permit issuance. a. The Bassett Creek Watershed must review and approve the erosion and sediment control plan for this development as it exceeds 10,000 square feet of disturbance. The plans must be submitted to the City's Engineering division for preliminary approval prior to submittal to the Watershed. b. Porous asphalt is being proposed in the parking lot to reduce the volume of stormwater runoff from the site. Please submit soil borings, calculations, standard details/profiles/specifications, as well as an operation and maintenance plan for this facility. This includes a sweeping and chloride management plan. c. The storm sewer main proposed in the east area of the site must be re-routed so it travels perpendicular, not diagonal, through the public right-of-way to connect to the storm sewer in Douglas Drive. This will likely require adding a manhole on private property. The manhole must include a 4-foot-deep sump to remove sediment prior to discharge to the public stormwater system. d. A maintenance agreement must be executed between the City and the owner, outlining the owner's maintenance obligations for the private utilities and stormwater treatment facilities. The City will draft the agreement for the owner's signature. e. A City Stormwater Management Permit is required for development of this site. The application must include the fee, financial security, and a stormwater plan meeting the City's standards. 7. Tree and Landscape Plan—A Tree and Landscape Permit is required for development of this site and must be issued before beginning any work onsite. The applicant/developer must submit a tree survey and tabular inventory showing all significant and legacy trees present on the site, as well as a plan showing all trees and vegetation to be removed, protected, or planted consistent with city code. Staff encourages site design that retains the existing healthy trees and vegetation whenever feasible. Consistent with the City's natural resources management plan, staff recommends removing buckthorn and any other exotic, invasive, or noxious vegetation located on the property as part of this development and in accordance with state and local laws. The City Forester will review the inventory and plan in more detail at the time of permitting. 8. Permits -The Developer must obtain all appropriate permits from the City, County, and other governmental entities, including but not limited to Stormwater Management, Right- of-Way Management, Tree and Landscape, Sewer, Water, Storm Sewer, and other permits that may be required for development of this site. Recommendation Engineering staff recommends approval of the Retro Companies CUP subject to the conditions set forth by the Planning Division and the comments contained in this report. Approval is also subject to the comments of the City Attorney, other City staff, and other governmental entities. Please feel free to call me or Eric Eckman if you have any questions regarding this report. C: Tim Cruikshank, City Manager Marc Nevinski, Physical Development Director Sue Virnig, Finance Director Maria Cisneros, City Attorney Emily Goellner, Associate Planner John Crelly, Fire Chief Joe Kauth, Building Official Tim Kieffer, Public Works Maintenance Manager Al Lundstrom, Park Maintenance Supervisor and City Forester Marshall Beugen, Street & Vehicle Maintenance Supervisor Joe Hansen, Utilities Supervisor RJ Kakach, Assistant City Engineer Karen Moores, Engineering Technician Drew Chirpich, Environmental Specialist ORDINANCE NO. 644, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 161 2429 Douglas Drive North Retro Companies, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled “Land Use Regulations (Zoning)” is amended in Section 11.10, Subd. 2, and Section 11.22, by approving a Conditional Use Permit for a certain tract of land at 2429 Douglas Drive North, thereby allowing for a 22 unite senior and transitional care facility in the Moderate Density (R-2) Residential Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The applicant has indicated that the market in Golden Valley would be supportive of the type of housing being proposed for this location. 2. The proposed residential facility use is consistent with the General Land Use Plan Map and the Comprehensive Plan. The Comprehensive Plan states that a variety of housing types and designs should be provided in order to allow for greater housing choices for Golden Valley residents. 3. There is no evidence to support an argument that property values would be either positively or negatively affected by the presence of a residential facility in this location. Assessing staff anticipates that there will be no effect as long as the property is well maintained. 4. The number of trips associated with the proposed use will not generate any negative traffic impacts to the surrounding areas. However, deliveries to the property should be made off-street whenever possible to mitigate short-term congestion. 5. The proposal will increase the population at the location as compared to the previous use. This is not expected to have a negative impact. 6. This proposed Residential Facility is exempt from the Mixed Income Housing Policy requirements because it is not a market rate residential rental development. The proposed building is designed for residents requiring 24-hour medical care and does not include any units designed for independent living. 7. This use will generate slightly more noise than a typical single-family home due to regularly scheduled deliveries. However, deliveries will be limited to regular business hours. 8. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 9. The proposed use is not anticipated to attract pests. 10. The proposed facility adheres to the R-2 zoning requirements and is designed to fit the character of the surrounding neighborhood. The building orientation on the site allows for the front side of the facility to look similar in size to a single family home while extending further back into the site. It would have minimal visual impact and would be consistent with other properties in the area. 11. Staff does not anticipate any other negative effects of the proposed use. The use is expected to make a positive impact on new residents of the facility. Ordinance No. 644 -2- October 2, 2018 This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The facility may serve up to 22 persons and must maintain appropriate licensure from the State of Minnesota. 2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled deliveries to the property must occur between 8 am and 5 pm on weekdays and weekends. 3. The exterior dumpster shall be screened from view. The screening shall be made of material compatible with the building. 4. A plan addressing parking for planned events will be subject to review by the City. Section 2. The tract of land affected by this ordinance is legally described as follows: The South 99.8 feet of the East 276.07 feet of the North ½ of the Northeast ¼ of the Northeast ¼ except the road. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sec. 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 2nd day of October, 2018. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 4. B. Public Hearing - Special Assessments - 2018 Delinquent Utility Bills Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for certification of special assessments for delinquent utility bills. Attachments • List of delinquent utility bills for certification (8 pages) • Resolution Adopting and Confirming Assessments for Delinquent Utility Billing (2 pages) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments for Delinquent Utility Billing. PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE 3311821310065 5600 WOODSTOCK AVE 988.89 988.89 3211821440070 6500 WESTERN AVE 1,181.08 1,181.08 3211821440063 125 HAMPSHIRE AVE N 159.14 159.14 3211821440004 319 EDGEWOOD AVE N 1,143.21 1,143.21 3211821430056 150 LOUISIANA AVE N 219.75 (219.75)0.00 3211821430032 6741 GLENWOOD AVE 1,331.18 1,331.18 3211821430020 6940 WESTERN AVE 1,096.60 1,096.60 3211821420047 6820 KINGSTON CIR 644.83 644.83 3211821410047 6501 COUNTRY CLUB DR 74.22 74.22 3211821410014 6400 WESTCHESTER CIR 1,169.72 1,169.72 3211821410008 6489 WESTCHESTER CIR 431.48 (431.48)0.00 3211821340006 7445 HAROLD AVE 772.10 772.10 3211821320057 7505 COUNTRY CLUB DR 29,103.17 29,103.17 3211821320020 7840 HAROLD AVE 208.80 208.80 3211821320017 440 WINNETKA AVE N 1,090.64 1,090.64 3211821310037 511 KELLY DR 243.64 (243.64)0.00 3211821310009 7430 HAROLD AVE 1,175.39 1,175.39 3211821220122 1013 SUMTER AVE N 1,020.06 1,020.06 3211821220116 1004 QUEBEC AVE N 263.85 (263.85)0.00 3211821220104 1020 WINNETKA AVE N 1,855.76 1,855.76 3211821220074 1035 RHODE ISLAND AVE N 1,110.21 1,110.21 3211821220063 1037 QUEBEC AVE N 1,700.75 1,700.75 3211821220062 1042 QUEBEC AVE N 657.96 (50.00)607.96 3211821220053 1116 QUEBEC AVE N 1,248.94 1,248.94 3211821220046 1224 RHODE ISLAND AVE N 1,396.57 1,396.57 3211821220035 1125 QUEBEC AVE N 588.86 588.86 3211821220016 7701 PLYMOUTH AVE N 800.07 800.07 3211821120018 1231 HAMPSHIRE AVE N 747.83 747.83 3211821110047 6500 PHOENIX ST 262.85 (262.85)0.00 3211821110045 1227 HAMPSHIRE AVE N 910.94 910.94 3211821110038 6712 GOLDEN VALLEY RD 1,257.95 1,257.95 3211821110018 6620 PHOENIX ST 743.94 (743.94)0.00 3211821110012 6424 PHOENIX ST 903.44 903.44 3211821110009 6316 PHOENIX ST 167.56 167.56 3211821110009 6316 PHOENIX ST 996.00 996.00 3111821310046 400 DECATUR AVE N 1,368.37 1,368.37 3111821310031 347 ENSIGN AVE N 982.69 982.69 3111821310029 339 ENSIGN AVE N 1,342.76 1,342.76 3111821310017 8806 OLSON MEMORIAL HWY 426.39 (426.39)0.00 3111821230023 9105 10TH AVE N 224.39 (224.39)0.00 3111821110033 1010 ORKLA DR 944.52 944.52 3111821110029 1039 WINNETKA AVE N 338.17 (338.17)0.00 CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 3111821110023 1211 WINNETKA AVE N 495.19 495.19 3111821110014 1120 ORKLA DR 1,119.55 1,119.55 3011821440089 1341 ORKLA DR 194.55 (194.55)0.00 3011821440088 1348 ORKLA DR 266.20 (266.20)0.00 3011821440053 1412 WISCONSIN AVE N 151.13 151.13 3011821440046 1425 ORKLA DR 460.96 (460.96)0.00 3011821440043 1424 ORKLA DR 262.11 262.11 3011821440027 1336 VALDERS AVE N 215.94 215.94 3011821440014 1413 WINNETKA AVE N 274.11 274.11 3011821430076 1315 MANDAN AVE N 1,201.84 (84.92)1,116.92 3011821430043 1508 BOONE AVE N 1,080.77 1,080.77 3011821430018 1509 ZEALAND AVE N 279.08 279.08 3011821430016 1517 ZEALAND AVE N 180.92 180.92 3011821420088 1615 AQUILA AVE N 723.91 723.91 3011821420061 8530 JULIANNE TER 1,745.44 1,745.44 3011821420057 8525 PATSY LN 1,240.44 1,240.44 3011821410085 7900 WESLEY DR 1,107.49 1,107.49 3011821410077 1821 WINNETKA AVE N 2,087.37 2,087.37 3011821410065 8210 JULIANNE TER 490.25 490.25 3011821410061 8161 DULUTH ST 182.64 182.64 3011821410048 8104 JULIANNE TER 377.25 377.25 3011821410009 8001 WESLEY DR 1,335.83 1,335.83 3011821330128 1520 INDEPENDENCE AVE N 4,545.08 4,545.08 3011821330116 1316 GETTYSBURG AVE N 93.57 93.57 3011821330105 1325 FLAG AVE N 1,713.44 1,713.44 3011821330099 1408 HILLSBORO AVE N 936.96 936.96 3011821330086 1321 GETTYSBURG AVE N 398.58 398.58 3011821330083 1405 GETTYSBURG AVE N 1,502.67 1,502.67 3011821330074 1316 INDEPENDENCE AVE N 1,026.11 1,026.11 3011821330054 1313 INDEPENDENCE AVE N 513.03 513.03 3011821330040 9450 WINSDALE ST 615.70 615.70 3011821330016 1530 GETTYSBURG AVE N 1,460.56 1,460.56 3011821330012 1514 GETTYSBURG AVE N 114.03 (114.03)0.00 3011821330003 1525 FLAG AVE N 263.85 263.85 3011821320139 9100 NAPER ST 2,866.39 2,866.39 3011821320138 9110 NAPER ST 1,810.07 1,810.07 3011821320125 1735 GETTYSBURG CT 441.00 (350.00)91.00 3011821320114 1624 MENDELSSOHN AVE N 582.09 (250.00)332.09 3011821320110 1628 MENDELSSOHN AVE N 853.51 853.51 3011821320096 1625 INDEPENDENCE AVE N 1,859.57 1,859.57 3011821320078 1625 HILLSBORO AVE N 870.03 870.03 3011821320076 1633 HILLSBORO AVE N 1,208.99 1,208.99 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 3011821320066 9200 OLYMPIA ST 885.53 885.53 3011821320041 1621 FLAG AVE N 251.70 251.70 3011821320022 1816 MENDELSSOHN AVE N 60.00 (60.00)0.00 3011821320021 1812 MENDELSSOHN AVE N 256.73 (256.73)0.00 3011821320011 1705 INDEPENDENCE AVE N 221.97 221.97 3011821320011 1705 INDEPENDENCE AVE N 151.36 (151.36)0.00 3011821240061 9025 23RD AVE N 812.02 812.02 3011821230191 2135 TAMARIN TR 857.75 857.75 3011821230162 1905 HILLSBORO AVE N 1,101.94 1,101.94 3011821230152 2004 HILLSBORO AVE N 1,421.92 1,421.92 3011821230139 2013 GETTYSBURG AVE N 998.11 998.11 3011821230132 1916 GETTYSBURG AVE N 1,322.42 1,322.42 3011821230131 1912 GETTYSBURG AVE N 410.23 410.23 3011821230126 1905 FLAG AVE N 767.19 767.19 3011821230114 2211 STRODEN CIR 716.09 716.09 3011821230110 2203 STRODEN CIR 1,074.23 1,074.23 3011821230102 2101 TAMARIN TR 2,177.37 2,177.37 3011821230088 2129 TAMARIN TR 1,147.68 1,147.68 3011821230084 2137 TAMARIN TR 175.91 (175.91)0.00 3011821230082 2138 TAMARIN TR 966.18 966.18 3011821230076 2110 TAMARIN TR 760.77 760.77 3011821230074 2106 TAMARIN TR 1,187.17 1,187.17 3011821230068 2141 TAMARIN TR 1,159.84 1,159.84 3011821230063 2209 KINGS VALLEY RD 192.83 192.83 3011821230054 2111 KINGS VALLEY RD 222.65 (160.00)62.65 3011821230036 2103 KINGS VALLEY RD W 101.96 (101.96)0.00 3011821230035 2101 KINGS VALLEY RD W 223.34 223.34 3011821230026 2203 KINGS VALLEY RD E 895.88 (600.00)295.88 3011821230018 2205 KINGS VALLEY RD E 1,010.05 1,010.05 3011821230006 2116 MARQUIS RD 182.99 182.99 3011821220118 2454 MENDELSSOHN LN 906.52 (906.52)0.00 3011821220074 2424 MENDELSSOHN LN 177.53 177.53 3011821220064 2345 MENDELSSOHN LN 1,522.36 (1,522.36)0.00 3011821220064 2354 MENDELSSOHN LN 1,630.23 (1,630.23)0.00 3011821220064 2371 MENDELSSOHN LN 1,330.30 (1,330.30)0.00 3011821220064 2375 MENDELSSOHN LN 1,831.11 (1,831.11)0.00 3011821220064 2387 MENDELSSOHN LN 61.19 (61.19)0.00 3011821220059 2229 MAYFAIR RD 165.78 165.78 3011821220049 2220 KINGS VALLEY RD E 173.11 173.11 3011821220038 2226 MAYFAIR RD 1,478.53 1,478.53 3011821220034 2315 ENGLISH CIR 127.02 (127.02)0.00 3011821220022 2318 ENGLISH CIR 265.39 (265.39)0.00 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 3011821210086 9115 MEDLEY RD 560.15 560.15 3011821210078 9113 MEDLEY CIR 183.05 (183.05)0.00 3011821210053 8845 MEDLEY LN N 506.75 506.75 3011821210047 2305 CAVELL AVE N 152.29 152.29 3011821210032 2510 CAVELL AVE N 1,030.00 (1,030.00)0.00 3011821140091 2150 ORKLA DR 1,514.93 1,514.93 3011821140085 2155 ORKLA DR 933.45 (933.45)0.00 3011821140060 2135 VALDERS AVE N 235.74 (235.74)0.00 3011821140057 2130 VALDERS AVE N 1,246.06 1,246.06 3011821140042 7901 23RD AVE N 176.25 176.25 3011821140019 8201 WESTBEND RD 1,423.68 1,423.68 3011821140006 2041 WINNETKA AVE N 1,317.51 1,317.51 3011821130062 8401 WESTBEND RD 229.14 229.14 3011821130025 2210 AQUILA AVE N 978.65 978.65 3011821120080 8340 23RD AVE N 242.09 242.09 3011821120052 2365 ZEALAND AVE N 51.21 (51.21)0.00 3011821120011 2435 AQUILA AVE N 1,867.00 1,867.00 3011821120006 8555 MEDICINE LAKE RD 755.13 755.13 3011821110085 8181 MEDICINE LAKE RD 785.42 785.42 3011821110063 8155 WYNNWOOD RD 2,164.29 2,164.29 3011821110042 2360 ORKLA DR 1,518.41 1,518.41 3011821110029 2485 ORKLA DR 595.01 595.01 3011821110024 8040 WYNNWOOD RD 1,123.26 1,123.26 3011821110017 2440 BIES DR 244.05 244.05 3002924420074 4520 DOUGLAS AVE 1,748.21 1,748.21 3002924410047 1323 JUNE AVE S 976.37 976.37 3002924310026 1515 PRINCETON AVE S 1,501.56 1,501.56 3002924310023 1545 PRINCETON AVE S 83.83 (83.83)0.00 3002924310022 4800 DOUGLAS AVE 339.73 339.73 3002924220085 5160 COLONIAL DR 1,351.50 1,351.50 3002924220054 109 TURNPIKE RD 1,396.11 1,396.11 3002924220021 501 TURNPIKE RD 1,051.00 1,051.00 3002924220011 30029 VACANT LAND 169.17 169.17 3002924220001 15 TURNPIKE RD 1,440.66 1,440.66 3002924210050 5030 COLONIAL DR 65.85 (65.85)0.00 3002924210020 400 NATCHEZ AVE S 1,627.41 1,627.41 3002924210016 518 NATCHEZ AVE S 1,074.73 1,074.73 3002924210013 551 OTTAWA AVE S 46.36 46.36 3002924210013 551 OTTAWA AVE S 245.52 245.52 3002924140059 1125 TYROL TRAIL 164.04 164.04 3002924140045 4102 WAYZATA BLVD 212.62 212.62 3002924140021 808 MEADOW LN S 551.92 551.92 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 3002924120050 213 WESTWOOD DR S 2,523.16 2,523.16 3002924110049 4212 GLENCREST RD 450.65 450.65 3002924110014 4253 GLENWOOD AVE 169.14 169.14 2911821440125 6528 WINSDALE ST 897.39 897.39 2911821440092 1309 FLORIDA AVE N 778.02 778.02 2911821440088 1320 FLORIDA AVE N 2,728.61 2,728.61 2911821440087 1336 FLORIDA AVE N 1,027.46 1,027.46 2911821440073 6508 KNOLL ST 964.16 964.16 2911821440037 6424 WINSDALE ST 955.11 955.11 2911821440035 6400 WINSDALE ST 414.04 414.04 2911821440022 6525 OLYMPIA ST 1,114.15 1,114.15 2911821430113 6909 OLYMPIA ST 235.29 235.29 2911821430097 1309 JERSEY AVE N 462.48 462.48 2911821430091 6738 PLYMOUTH AVE N 905.89 905.89 2911821430090 6724 PLYMOUTH AVE N 178.81 178.81 2911821430030 6834 WINSDALE ST 967.56 967.56 2911821430010 7035 OLYMPIA ST 1,430.58 1,430.58 2911821420037 7080 GREEN VALLEY RD 1,284.89 1,284.89 2911821420032 1879 HAMPSHIRE LN N 441.79 441.79 2911821420032 1879 HAMPSHIRE LN N 208.37 208.37 2911821420004 1676 HAMPSHIRE LN N 503.93 (503.93)0.00 2911821410012 1625 FLORIDA AVE N 1,176.35 1,176.35 2911821410003 6325 HAMPSHIRE PL N 1,391.22 1,391.22 2911821340074 1435 LOUISIANA AVE N 1,203.32 1,203.32 2911821330085 1432 QUEBEC AVE N 1,130.79 (550.00)580.79 2911821330079 1425 PENNSYLVANIA AVE N 70.45 (70.45)0.00 2911821330075 1438 RHODE ISLAND AVE N 1,330.21 1,330.21 2911821330038 1517 SUMTER AVE N 1,419.28 1,419.28 2911821330020 1540 RHODE ISLAND AVE N 436.09 436.09 2911821320015 1720 WINNETKA AVE N 951.55 951.55 2911821310032 7205 GREEN VALLEY RD 1,183.78 1,183.78 2911821240036 2015 KELLY DR 1,054.85 1,054.85 2911821230076 7833 23RD AVE N 1,333.13 1,333.13 2911821230075 7851 23RD AVE N 223.86 (125.00)98.86 2911821230061 2000 WINNETKA AVE N 100.03 100.03 2911821230060 1940 WINNETKA AVE N 382.56 382.56 2911821230055 1941 SUMTER AVE N 1,344.67 1,344.67 2911821230053 2021 SUMTER AVE N 1,359.39 1,359.39 2911821230017 2021 PENNSYLVANIA AVE N 1,004.05 1,004.05 2911821220132 2448 WINNETKA AVE N 1,045.48 (930.92)114.56 2911821220132 2450 WINNETKA AVE N 5,954.15 (5,954.15)0.00 2911821110024 6325 MEDICINE LAKE RD 317.46 317.46 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 2911821110020 2429 DOUGLAS DR N 145.78 145.78 2911821110008 2505 FLORIDA AVE N 1,825.24 1,825.24 2811821340070 5732 GOLDEN VALLEY RD 667.46 667.46 2811821340067 1437 XENIA AVE N 773.57 773.57 2811821340055 1255 WELCOME AVE N 1,153.67 1,153.67 2811821340040 1608 WELCOME AVE N 493.63 (493.63)0.00 2811821340028 5840 GOLDEN VALLEY RD 1,394.48 1,394.48 2811821340020 1435 XENIA AVE N 405.22 405.22 2811821330009 1375 OAK GROVE CIR 2,731.25 2,731.25 2811821320066 6120 SAINT CROIX AVE N 1,194.83 1,194.83 2811821320051 6050 SAINT CROIX AVE N 895.78 895.78 2811821320044 6055 WOLFBERRY LN 1,305.33 1,305.33 2811821320033 6121 SAINT CROIX AVE N 1,633.76 1,633.76 2811821320032 5925 DULUTH ST 2,232.84 2,232.84 2811821230051 2150 DOUGLAS DR N 763.39 763.39 2811821220090 2415 MANCHESTER DR 295.32 295.32 2811821220027 2510 LAMPLIGHTER LN 2,030.00 2,030.00 2811821210047 2345 VALE CREST RD 926.84 926.84 1902924440009 3902 GLENWOOD AVE 663.38 (663.38)0.00 1902924430056 100 ARDMORE DR 764.26 764.26 1902924420042 328 BURNTSIDE DR 1,044.67 1,044.67 1902924420027 311 BURNTSIDE DR 185.75 185.75 1902924410071 400 MEADOW LN N 1,014.56 1,014.56 1902924410050 512 INDIANA AVE N 1,047.20 1,047.20 1902924410047 4200 WOODSTOCK AVE 961.15 961.15 1902924410042 529 INDIANA AVE N 452.53 452.53 1902924330011 5423 GLENWOOD AVE 66.92 66.92 1902924320010 534 CLOVERLEAF DR 1,050.35 1,050.35 1802924440084 1395 WATERFORD DR 63.82 63.82 1802924440080 1425 WATERFORD DR 1,696.56 1,696.56 1802924320023 5328 SAINT CROIX AVE N 692.35 692.35 1802924310042 5011 FRONTENAC AVE 181.73 (181.73)0.00 1802924240088 2120 WINDSOR WAY 987.36 987.36 1802924240057 2144 REGENT AVE N 132.80 132.80 1802924240033 4955 WESTBEND RD 85.76 85.76 1802924240007 4740 GOLDEN VALLEY RD 1,646.88 1,646.88 1802924210024 2540 QUAIL AVE N 1,268.68 1,268.68 1802924140065 2211 LEGEND DR 1,839.04 1,839.04 1802924130049 2140 SPRUCE TR 161.00 161.00 1802924110011 2311 INDIANA AVE N 1,353.89 1,353.89 1702924310057 1631 XERXES AVE N 271.52 271.52 1702924310056 1801 XERXES AVE N 1,048.91 1,048.91 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 1702924310054 1831 XERXES AVE N 2,177.05 2,177.05 1702924310049 1628 YORK AVE N 184.51 184.51 1702924310040 1696 YORK AVE N 112.54 112.54 1702924310039 1645 XERXES AVE N 239.53 239.53 1702924310037 1635 XERXES AVE N 283.51 283.51 1702924310033 1800 ZEPHYR PL 242.36 242.36 1702924310018 1700 YORK AVE N 182.10 182.10 1702924310012 1814 YORK AVE N 2,981.75 2,981.75 1702924310003 1701 XERXES AVE N 273.52 273.52 1702924240038 3026 GOLDEN VALLEY RD 1,302.94 1,302.94 1702924240033 1918 GLENWOOD PKWY 369.97 (369.97)0.00 1702924240006 2225 XERXES AVE N 342.96 342.96 1702924220094 2316 KEWANEE WAY 70.40 70.40 1702924220072 2420 BYRD AVE N 1,823.23 1,823.23 1702924220066 2413 MCNAIR DR 1,599.90 1,599.90 1702924220060 2515 MCNAIR DR 594.75 594.75 1702924220049 3524 MANOR DR 1,083.25 1,083.25 1702924220045 3508 MANOR DR 453.95 (200.00)253.95 1702924210076 3400 MANOR DR 1,561.05 1,561.05 1702924210070 2405 ZENITH AVE N 655.68 655.68 1702924210051 2506 MERIDIAN DR 1,250.95 1,250.95 1702924210033 2330 YORK AVE N 831.39 831.39 1702924210021 3115 VISTA DR 186.57 186.57 1702924210020 3115 VISTA DR 1,056.77 1,056.77 1702924210015 3227 26TH AVE N 271.09 271.09 0702924430094 4521 CULVER RD 1,530.62 1,530.62 0702924430045 2731 MAJOR AVE N 2,962.52 2,962.52 0702924430010 2720 KYLE AVE N 929.29 929.29 0702924430009 2730 KYLE AVE N 634.75 634.75 0702924420095 2945 MAJOR AVE N 1,349.64 1,349.64 0702924420085 3017 MAJOR AVE N 1,221.39 1,221.39 0702924420039 3100 LEE AVE N 1,751.36 1,751.36 0702924340097 4901 CULVER RD 240.41 240.41 0702924340029 2745 QUAIL AVE N 1,677.81 1,677.81 0702924340026 2775 QUAIL AVE N 1,594.15 1,594.15 0702924330056 5325 CULVER RD 1,584.36 1,584.36 0702924330015 2775 REGENT AVE N 491.16 491.16 0702924330014 2755 SCOTT AVE N 145.68 145.68 0702924330002 2800 SCOTT AVE N 1,357.07 1,357.07 0702924320053 2905 REGENT AVE N 652.11 (500.00)152.11 0702924320037 5320 TRITON DR 1,518.53 1,518.53 0702924320006 2912 REGENT AVE N 1,182.84 1,182.84 PID SERVICE ADDRESS CERTIFIED PAYMENTS CERTIFIED BALANCE CITY OF GOLDEN VALLEY 2018 DELINQUENT UTILITIES LEVY 19957 0702924320003 2933 QUAIL AVE N 196.07 196.07 0702924310082 3101 ORCHARD AVE N 1,526.30 1,526.30 0702924310047 3026 PERRY AVE N 831.00 (831.00)0.00 0702924310043 2942 PERRY AVE N 1,780.64 1,780.64 0702924310042 2940 PERRY AVE N 1,434.83 1,434.83 0702924310035 2925 ORCHARD AVE N 1,072.46 1,072.46 0702924240093 3220 REGENT AVE N 1,469.65 1,469.65 0702924240091 3312 REGENT AVE N 1,814.09 1,814.09 0702924240068 3241 NOBLE AVE N 300.13 300.13 0702924240067 4807 33RD AVE N 1,034.96 1,034.96 0702924240005 3338 REGENT AVE N 1,399.74 1,399.74 0702924240001 3365 QUAIL AVE N 1,300.85 1,300.85 0702924130072 3317 MAJOR AVE N 421.06 421.06 0611721140042 805 HANLEY RD 1,519.99 1,519.99 0611721140019 700 WINNETKA AVE S 185.84 (185.84)0.00 0611721140016 524 WINNETKA AVE S 217.65 217.65 0611721110067 33 WESTERN TER 1,403.25 1,403.25 0611721110064 43 WESTERN TER 1,760.36 1,760.36 0611721110051 10 WESTERN TER 247.13 247.13 0511721230072 1041 SUMTER AVE S 337.28 337.28 0511721230069 1050 RHODE ISLAND AVE S 1,205.40 1,205.40 0511721230063 911 WINNETKA AVE S 172.58 (172.58)0.00 0511721230055 840 PENNSYLVANIA AVE S 180.59 180.59 0511721230011 820 RHODE ISLAND AVE S 482.04 482.04 0511721220071 75 RHODE ISLAND AVE S 249.65 249.65 0511721220029 421 QUEBEC AVE S 224.25 (224.25)0.00 0511721220010 350 PENNSYLVANIA AVE S 190.73 (190.73)0.00 0511721210071 115 MARYLAND AVE S 445.01 (445.01)0.00 0511721210020 170 OREGON AVE S 1,555.16 1,555.16 0511721120032 155 LOUISIANA AVE S 1,476.08 1,476.08 0511721120012 215 KENTUCKY AVE S 1,004.03 (1,004.03)0.00 0411721220054 280 KING HILL RD 322.29 (322.29)0.00 0411721220018 325 BRUNSWICK AVE S 1,439.23 1,439.23 320,465.20 (30,607.22)289,857.98 RESOLUTION NO. 18-63 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT GOLDEN VALLEY UTILITY BILLING 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2018 Delinquent Utility Billing 1 5% 2019 $320,465.20 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2019 through December 31, 2019, will be payable with property taxes collectible in 2019. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment , with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 15, 2018. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Resolution No. 18-63 -2- Adopted by the City Council of Golden Valley, Minnesota this 2nd day of October, 2018. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 4. C. Public Hearing - Special Assessments - 2018 Miscellaneous Charges Prepared By Sue Virnig, Finance Director Summary The following resolution needs to be approved for certification of special assessments for miscellaneous charges. Attachments • List of miscellaneous charges for certification (1 page) • Resolution Adopting and Confirming Assessments for Miscellaneous Charges (2 pages) Recommended Action Motion to adopt Resolution Adopting and Confirming Assessments for Miscellaneous Charges. PID PROPERTY ADDRESS CERTIFIED 3011821230152 2004 HILLSBORO 1,380.00 2911821110016 2511 DOUGLAS DR 1,191.27 1902924330017 200 LILAC DR N 137.53 2811821330063 6046 GOLDEN VAL RD 2,986.71 3011821220003 9315 MEDICINE LAKE RD 459.61 2911821210055 2445 NEVADA AVE N 620.90 6,776.02 CITY OF GOLDEN VALLEY MISCELLANEOUS ASSESSMENTS LEVY 19958 RESOLUTION NO. 18-64 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC) 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed 2018 Miscellaneous Charges 1 5% 2019 $6,776.02 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2019, through December 31, 2019, will be payable with property taxes collectible in 2019. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 15, 2018. Resolution 18-64 -2- 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of October, 2018. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 6. A. First Consideration - Ordinance #645 - City Code Recodification Prepared By Kris Luedke, City Clerk Sue Virnig, Finance Director Summary The recodification process of the Golden Valley’s City Code was considered for the most part as a housekeeping project. It involved a complete review of the current City Code for administrative and clerical corrections, relating to: • Outdated legislative references and obsolete code language which include the elimination of conflict and inconsistence provisions in connection with Minnesota Statues • Language/symbol (i.e. spelling out percentage vs. %; feet vs. ft & fractions) • Stylistic changes (boldface vs. italics; Sec. vs Section) • Municode recommended the reorganization of the City Code Sections to group like topics, eliminate redundant section and for ease search for staff and citizens. • Providing for inclusive gender language • Spelling and grammar History Early 2017, the request for proposal process began and the preferred vendor, Municode, was selected. Municode has been in the legal codification industry since 1951 with over 4,100 customer in all 50 states with over 60 of the clients being located in the State of Minnesota. Municode offers an on-line, mobile friendly searchable website for which the City will be linked to through our website. Here, the electronic and printed versions of the City Code are updated and maintained. Ordinances awaiting codification are posted on the City website and incorporated into Municode’s website once the Council approval and the publication of the ordinance has been complete. This keeps the public and staff informed of recent code amendments. This project began with a legal review and proposed reorganization of the Golden Valley City Code from Municode. Once the City received the review, staff meet to review the recommended changes. Throughout these meetings, staff also made recommendations to update the City Code using the League of Minnesota model ordinances. Once the staff review was completed, the City Attorney reviewed each chapter for consistence and legal review. Former Chapter 11 - Land Use Regulation (Zoning Code) As part of the recodification process, Planning staff was directed to take the opportunity to address a number of changes in the Zoning Code that have been discussed in the recent past. Modifications to Chapter 11 can be separated into two types. First, code “clean up” was done to reorganize content, add some missing references, simplify language, and update content around Sexually Oriented Businesses and Telecommunications as advised by the City Attorney. Second, code changes were proposed in the following areas as a result of past discussion with the Planning Commission and City Council: regulations surrounding Tax Parcel Divisions, clarification of height requirements, tweaks to the PUD section with respect to Amenity Points and Amendments, new Outdoor Storage regulations, some clarifying standards around Conditional Use Permits, and new upper limits on some residential densities (these were absent previously). Attachments: • The proposed Golden Valley City Code is located on Municode’s website at the following location https://library.municode.com/mn/golden_valley/codes/code_of_ordinances • Ordinance #645, Adopting and Enacting a new Code for the City of Golden Valley, Minnesota; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; And Providing When Such Code and this Ordinance Shall Become Effective (2 pages) Recommended Action: Motion to adopt first consideration Ordinance #645, adopting and enacting a new City Code for the City of Golden Valley. ORDINANCE NO. 645 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF GOLDEN VALLEY, MINNESOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE The City Council for the City of Golden Valley hereby ordains: Section 1. The Code entitled "Golden Valley City Code," published by Municipal Code Corporation, consisting of chapters 1 through 111, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before June 19, 2018, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be guilty of a misdemeanor and punished by a fine set by Minn. Stats. § 609.02, subd. 3., except that if this violation is a petty misdemeanor the punishment shall be unless provided otherwise a fine as set by Minn. Stats. § 609.02, subd. 4. Except as otherwise provided by law or ordinance: (1) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense; and (2) With respect to violations that are not continuous with respect to time, each act is a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after June 19, 2018, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall take effect from and after its passage and publication as required by law. Ordinance No. 645 -2- October 2, 2018 Adopted by the City Council this 2nd day of October, 2018. __________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting October 2, 2018 Agenda Item 6. B. First Consideration - Ordinance #646 - Establishing A 2019 Master Fee Schedule Prepared By Sue Virnig, Finance Director Summary First consideration of the master fee schedule will be presented by staff at this meeting. Those fees that have changed are noted in bold and underlined for 2019. If no change, the same rate will apply that was used in 2018. Review of Changes: • Most of the planning fees changed for the recording of easements, PUDs, CUPs, and Development Agreements by staff. • The utility rates will be effective for any billing after April 1, 2019. The second consideration will be October 16, 2018. Attachments • Ordinance #646, Establishing a 2019 Master Fee Schedule (17 pages) Recommended Action Motion to adopt first consideration Ordinance #646, establishing a 2019 Master Fee Schedule. ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE Establishing A 2019 Master Fee Schedule The City Council for the City of Golden Valley hereby ordains: Section 1. The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The Master Fee Schedule attached as Exhibit A is hereby adopted as the city’s fee schedule effective January 1, 2019, unless otherwise noted. The fee schedule is on file in the City Clerk’s Office during business hours. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 2nd day of October, 2018. __________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk 1 2018 Adopted 2019 Proposed Fee Fee Permits If the work has been started the Building Official shall assess additional fees as permitted by code All building permit valuation data will be based on the current International Code Council All building permits are based fees from the LMC/AMM Recommendation. www.goldenvalleymn.gov/permits/pdf/building-fees.pdf Plan Review Fee May Be Due at time Plans are Submitted at City Discretion 65% of Fee ______________ Building & Fire Permit Fees based on fee schedule below. Mandatory State Surcharge: per permit is a minimum of .50 and when a permit fee is over $1,000 in value the state surcharge is .0005 times the permit value. Surcharge is remitted to MN State Treasurer. Permit Cancellation Policy: 80% of the permit fee will be returned upon written notice of cancellation. If job has been started no refund will be made. Cancellation request must be made within 180 days of permit issue date. No surcharge or plan review fees will be returned (includes the fees for stormwater management, right-of-way (ROW) and tree preservation permits). Any Expired Permits (over 180 Days)Determined by Building Official based on permit valuation Building/Fire/Commercial Mechanical Plan Review Fee - 65% of the permit fee (no surcharge) re-inspection fee 100.00 ______________ Sewer Access Charge (SAC)650 per Unit ______________ Water Access Charge (WAC)1,700 per Unit ______________ SAC & WAC Charges shall be based on the Residential Equivalent Connection Units (REC) resulting from the use of the City Water/Sewer systems. The REC shall equal the number of SAC Units determined under the SAC Determination to which the building permit relates. Administrative 75.00 ______________ Seasonal, Farm Produce, Christmas Tree Sales, etc in Commercial Zoning District Electrical State Surcharge - each permit 1.00 ______________ All Services new, replace or repair There is a $2 per circuit charge for replacing circuits that are disconnected in the old service panel and reconnected in the new panel. 0 to 300 Amp 50.00 400 Amp 58.00 500 Amp 72.00 600 Amp 86.00 800 Amp 114.00 1000 Amp 142.00 1100 Amp 156.00 1200 Amp 170.00 Add $14.00 for each additional 100 Amps. Circuits and Feeders The inspection fee for the installation, addition, alteration or repair of each circuit, feeder, feeder tap or set of transformer secondary conductors: 0 to 30 Amp 8.00 31 to 100 Amp 10.00 101 to 200 Amp 15.00 300 Amp 20.00 400 Amp 25.00 500 Amp 30.00 600 Amp 35.00 700 Amp 40.00 Add $5.00 for each additional 100 Amps. Minimum Fee Minimum permit fee is $40.00 plus $1.00 State surcharge. This is for one inspection only. Minimum fee for rough-in inspection and final is $80.00 plus $1.00 State surcharge. Maximum Fee Maximum fee for single family dwelling or townhouse not over 200 Amps is $175.00 plus $1.00 State surcharge. Maximum of 3 inspections. City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 2 2018 Adopted 2019 Proposed Fee Fee Permits (continued) Electrical (continued) Apartment Buildings Fee per unit of an apartment or condominium complex. This does not cover $80 per unit ______________ service and house wiring. Swimming Pool $80.00 This includes 2 inspections Additons, Remodels or Basement Finishes $80.00 This includes up to 10 circuits and 2 inspections Accessory Structures $50.00 for panel plus $8.00 per circuit Traffic Signals $7.00 per each standard Street Lights and parking lot lights $4.00 per each standard Transformers and Generators $10.00 - up to 10 KVA, $40.00 - 11 to 74 KVA, $60.00 - 75 KVA to 299 KVA, $150.00 - over 300 KVA Retro Fit Lighting $.65 per fixture Sign Transformer $8.00 per transformer Remote Control and Signal Circuits $.75 per device Reinspection fee $40.00 Fire Alarm System (New Installation or Alteration of Existing) Up to the 1st $1,200 in value 50.00 ______________ Over $1,200 value - use fire suppression fee Fire Commercial Cooking Ventilation Systems (hood and duct cleaning) Inspection 75.00 ______________ Re-inspection 150.00 ______________ Fire Suppression & Special Fire Suppression Systems: FM 200 system, CO2 systems, spray booths, kitchen extinguisher systems, hoods, etc. Total valuation based on below fee schedule: 2004 LMC/AMM Recommendation $150 $500 $25.00 $501 $2,000 $25.00 for the first $500 $3.25 / additional $100 $2,001 $25,000 $73.50 for the first $2,000 $14.75 / additional $1,000 $25,001 $50,000 $415.75 for the first $25,000 $10.75 / additional $1,000 $50,001 $100,000 $682.50 for the first $50,000 $7.50 / additional $1,000 $100,001 $500,000 $1,053.50 for the first $100,000 $6.00 / additional $1,000 $500,001 $1,000,000 $3,427.75 for the first $500,000 $5.00 / additional $1,000 $1,000,001 and up $5,945.25 for the first $1,000,000 $4.00 / additional $1,000 Fireworks/Pyrotechnic Special Effects 100.00 ______________ Permit requires rental of fire engine and crew for stand-by at display House/Building Moving 500.00 ______________ Demolition 500.00 ______________ Value Range City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 3 2018 Adopted 2019 Proposed Fee Fee Permits (continued) Mechanical: HVAC, Gas Piping, Refrigeration and Fireplace (Includes all types of fireplaces - masonry, gas, gas log, gas insert, etc.) $0 -$999 $25.00 $1,001 -$5,000 $31.50 + 2.60% over $1000 $5,001 -$10,000 $135.50 + 2.15% over $5000 $10,001 -$25,000 $243.00 + 1.85% over $10,000 $25,000 -$50,000 $520.50 + 1.65% over $25,000 $50,001 -over $933.00 + 1.30% over $50,000 State Surcharge is $.50 for a Value of $1,000 or Less. If the Value is over $1,000 the State Surcharge is (Value X .0005). Mobile Food Vending Non-residential zoning districts Up to 3 days (City Parks - limit 3 days)$40 per day ______________ Up to 120 days 150.00 ______________ Native Vegetation Landscape Permit 100.00 ______________ Parade/Special Event 25.00 ______________ Petroleum/Compress Gas Tanks Installation - per dispenser 75.00 ______________ Installation - per tank 75.00 ______________ Piping associated with tanks 75.00 ______________ Removal - per tank 75.00 ______________ Temporary LP Tank (per site)75.00 ______________ Temporary above ground fuel tanks (per site)75.00 ______________ Plan Review Fee -65% of the fee (no surcharge) Plumbing and Piping Fixtures Includes hydraulic sewer valves, rain water leaders, and alteration to existing systems. $0 -$999 $25.00 $1,001 -$5,000 $31.50 + 2.60% over $1000 $5,001 -$10,000 $135.50 + 2.15% over $5000 $10,001 -$25,000 $243.00 + 1.85% over $10,000 $25,001 -$50,000 $520.50 + 1.65% over $25,000 $50,001 -over $933.00 + 1.30% over $50,000 State Surcharge is $.50 for a Value of $1,000 or Less. If the Value is over $1,000 the State Surcharge is (Value X .0005). Right Of Way Driveway Replacement Permit 100.00 125 Permanent Obstruction Permit, per obstruction (includes courtesy benches)100.00 150 Temporary Obstruction permit No Charge 100 Temporary Access Permit 25.00 50 In Boulevard Excavation Permit per opening 100.00 200 In Pavement Excavation Permit per opening (includes curb alterations)200.00 400 Overhead Utility Repair per location No Charge ______________ Underground Utility: Length Permit Charge 0 to 100 Feet $250 administrative fee + $1.50/foot over 100 Feet $400 administrative fee + $1.00/foot over 100 feet Service Drop meeting conditions:No charge ______________ Not parallel to right-of way at least 10' from any City facility or utility, less than 1' wide, and depth in accord with law or, if none, industry standard Permit charge Permit charge City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A Value Value 4 2018 Adopted 2019 Proposed Fee Fee Permits (continued) Stormwater Management Projects that do not require watershed review - No post construction BMPs 100.00 100 New Home Construction - no watershed review - No post construction BMPs 300 Projects that require watershed review or require Post Construction BMPs 300.00 500 Sign Permit Base fee 50.00 ______________ Area fee (per sq ft of sign area)+3.00/sq ft ______________ Plan Review (Pylon and Monument Signs)40.00 ______________ Temporary Certificate of Occupancy Partial Certificate of Occupancy (Administrative Fee)100.00 ______________ Temporary Certificate of Occupancy (Administrative Fee)100.00 ______________ Extension of Temporary Certificate of Occupancy (Administrative Fee)200.00 ______________ Penalty for expired Temporary Certificate of Occupancy 300.00 ______________ Tent/Canopy Inspections - required for tent exceeding 400 sq ft and 50.00 ______________ canopies exceeding 700 sq ft (per site) each additional tent and/or canopy (per site)25.00 ______________ Tree and Landscape Permit Single Family Residential 150.00 150 All Other Projects 400 Utility Permits Water Meter Permit 100.00 ______________ Water Tapping Permit 100.00 ______________ Water Cut-off Permit 100.00 ______________ Sewer Permit (connection)100.00 ______________ Sewer Repair Permit 100.00 ______________ Sewer Cut-off Permit 100.00 ______________ Sewer & Water Permits for Commercial Projects (Fee Based on Plumbing Value and if there is a Plan the Plan Review Fee would be 65% of the Fee) State Surcharge - each permit 1.00 ______________ Licenses Renewal Date Amusement Devices (City Code Section 16-95) Pinball Machine, Video Game or Pool Table each location 1-Apr 15.00 each device 1-Apr 15.00 Auctioning Auctioneers do not need to be licensed in the City of Golden Valley. However, they have to show us a copy of a license or bond from the county or state and provide us a letter on the date, time and place of the auction. Chicken Coop License Initial Application Fee 75.00 Annual License Renewal Fee 1-Apr 25.00 Cigarettes - Tobacco Products over the counter 1-Jan 275.00 Contractors - Heating, Ventilation, Air Cond and Refrigeration 1-Apr 75.00 Dog Kennel - per kennel 1-Apr 200.00 City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 5 2018 Adopted 2019 Proposed Fee Fee Licenses (continued) Renewal Date Fireworks Retail consumer fireworks that sell other items 1-May 100.00 Retail consumer fireworks, retailers that sell only fireworks 1-May 350.00 Garbage Haulers - per vehicle 1-Apr 50.00 (See also Recylcing Haulers) Gasoline Stations Per Location Dispensers 1 - 4 (each)1-Apr 75.00 Over four dispensers (each)50.00 Lawful Gambling License 1-Jan First year 250.00 Renewal after 1st year 100.00 Liquor License Application Packet 20.00 Liquor - Investigation Fee (Liquor On-sale, Off-sale, and Sunday sale and Wine)new applicant 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation Liquor - Miscellaneous Change thru the year per change 100.00 Liquor On, Off and Sunday Sale and Wine (renewal or misc changes) Liquor License - All Types(Section Code 4-41) Liquor License (State law) Sunday sale 1-Jul 200.00 Off-sale 340A.408 1-Jul 200.00 On-sale 1-Jul 8,000.00 Wine On-sale 1-Jul 2,000.00 Club 1-Jul up to 200 members 300.00 200-500 members 500.00 501-1,000 members 650.00 1,001-2,000 members 800.00 2001-4000 members 1,000.00 4001-6000 members 2,000.00 Over 6000 members 3,000.00 Liquor - On-sale 1-Jul Non-Intoxicating Malt 500.00 Brewer Tap Room 600.00 Cocktail Room 600.00 Liquor - Off-sale 1-Jul Non-Intoxicating Malt 150.00 Brew Pub - Malt Liquor 200.00 Small Brewer 200.00 Distilled Spirits 200.00 Liquor - Temporary Non-Intoxicating/Intoxicatng Malt Liquor License 100.00 Massage Therapist - Individual Certificate (each individual/person)1-Jan 100.00 Investigation fee 100.00 City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 6 2018 Adopted 2019 Proposed Fee Fee Licenses (continued) Renewal Date Massage Therapist Premise License 1-Jan Operating location 500.00 Investigation fee 200.00 New/Used Vehicle Sales 1-Sep 400.00 Peddlers and Solicitors 1-Jan Each Employee (background check /Identification card)30.00 Pawnbroker and Precious Metal Dealer Location 1-Jan 5,000.00 Dealer 1-Jan 400.00 Investigation Fee 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation APS Transaction Fee 1.30 Recycling Haulers (Multi Family Apartment) - per vehicle 1-Apr 50.00 Rental Dwelling License Single Family Dwellings One Unit Dwelling License Expires July 1 125.00 Re-inspection 100.00 Twin Homes & Duplexes License per Dwelling Unit Expires May 1 125.00 Re-inspection (per unit/per address)100.00 Condominiums & Townhomes License Per Dwelling Unit Expires Sept 1 125.00 Re-inspection (per unit/per address)100.00 Group Homes / homes with services Expires Nov 1 125.00 License Per Dwelling Unit Re-inspection (per unit/per address)100.00 Multiple Unit Dwelling (3 or more units) per building 1-Mar 3 - 50 Units 175.00 51 - 150 Units 225.00 151 + Units 300.00 Re-inspection (per building/per address)100.00 Star Program Fees (Based on participation level) Non-Participant $35/unit Level 1 $20/unit Level 2 $12/unit Level 3 $8/unit Level 4 $0/unit Administrative Citations on (all) Rental Dwellings 1st citation 100.00 2nd citation 250.00 3rd citation 500.00 4th citation and subsequent violations in 12 month period 500.00 Citation Appeal 25.00 Sexually Oriented Business License Fee (operating location)1-Jan 5,000.00 Investigation Fee 3,000.00 $500.00 non-refundable administrative fee plus actual costs for investigation City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 7 2018 Adopted 2019 Proposed Fee Fee Street Assessments Residential/Single Family/Duplex, per dwelling unit on local street 6,900.00 7,200.00 Multi Unit Residential (more than 2 dwelling units) on local street 76.3/ft 79.35 Residential/Single Family/Duplex, per dwelling unit on state aid street 1,650.00 1,800.00 Multi Unit Residential (more than 2 dwelling units) on state aid street 81.71/ft 84.98 Other Zonings, Local Streets 96.31 100.16 Other Zonings, State Aid Streets 99.21/ft 103.18 Administrative Fee for Driveways and/or Sanitary Sewer repairs $250/maximum (Seven percent of total or maximum fee -whichever lessor) Low Income Level for Senior/Retired due to Disability Deferral 2016 HUD Limits 2017 HUD Limits When a project does not follow the above assessment rates, the rates will be approved at the time of the project hearing. Miscellaneous Fees Address Change 50.00 Administrative Citations - Non Rental Housing 1st Citation 100.00 2nd Citation 250.00 3rd Citation 500.00 4th Citation and subsequent violations in 12 month period 500.00 Alarm System - False Alarms (12 month period beginning March 1 of each year upon given notice) 1-3 false alarms 4-10 false alarms 100.00 11-15 false alarms 150.00 16 or more false alarms 250.00 Animal Control Impound Fee for dogs 50.00 Boarding Fee for dogs and cats per day (7 day maximum)20.00 Dangerous Dog License 250.00 Building Plan/Storage Retrieval 50.00 Carseat Installations/Inspections Non-resident 20.00 Each additional 10.00 Certification Fee (Special Assessment)30.00 City Cemetery Cemetery Plot 500.00 Open/Close Fee: Crematory (up to 2 per lot)200.00 each Burial 750.00 Documents City Code Full book in binder Cost of book, binder +20% All information is on the Municode website at https://library.municode.com/mn/golden_valley/codes/code_of_ordinances City Maps:, Plats, Record Drawings, Other Plats (i.e. address maps, building plans,comp plan, zoning)10.00 Comprehensive Plan Copies of any black and white, letter or legal size documents of 100 or .25/pg fewer pages (Minnesota Rules, part 1205.0300, subpart 4.) Copies of any color, letter or legal size documents .33/page Digital Format Aerial photography time & material Custom Maps or Map Layers time & material Topography time & material City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 8 2018 Adopted 2019 Proposed Fee Fee Miscellaneous Fees (continued) Documents (continued) Special Assessment Search (non-owner)15.00 Video Reproduction (per tape, DVD, CD + shipping)20.00 Domestic Partner Registration Initial Registration 40.00 Amendment/Notice of Termination 25.00 Certified copy of Registration 5.00 Easement Vacation (each request)500.00 Equipment Charge per hour Fire Engine (includes personnel)250.00 Fire Aerial Truck (includes personnel)350.00 Police and Fire Rescue Truck (includes personnel)250.00 Utility Vehicle (includes personnel)100.00 Squad Car (includes personnel)100.00 Utility Equipment (sewer jet, vac truck, sewer camera, sewer rodder)200.00 Heavy (front end loader, 360 Backhoe, Pickup sweeper,125.00 tandem axle truck, aerial truck)does not include personnel costs Medium (single axle dump truck, water truck, tractor backhoe, utility tractor/80.00 accessory, 15 ft cut lawn mower, brush chipper, asphalt roller, asphalt paver, skid steer, tool cat, trackless) does not include personnel costs Light (truck - one ton and under, air compressor, water pump, generator,45.00 steamer, asphalt/saw, concrete, cable tracer) does not include personnel costs Fire Boat (includes personnel)75.00 Fire ATV (includes personnel)75.00 Fire Life Safety Trailer (includes personnel)200.00 Gas Lines, construction damage with Fire Department Response 250.00 Floor Dry (Accidents)20.00/bag Filing Fee (Administrative Citation Appeal) per violation 25.00 Fingerprinting Golden Valley Resident 10.00 Anyone employed in GV 25.00 Additional Card Floodplain Search Letter 25.00 50.00 Forced Tree Removal cost of removal + 20% Forfeited DWI Vehicle Administrative Fee 1000.00 Hydrant Meter Rental Residential (per day + consumption)2.00 Commercial (per day + consumption)5.00 Commercial (rate per day after 60 days + consumption)10.00 Deposit (residential)300.00 Deposit (commercial)1750.00 Repair Parts cost +20% Nuisance Service Call Fee (after three calls)250.00 Personnel (overtime would be 1.5 x rate) Off Duty Police Officer (minimum applies as determined by 75 / hr City Manager/designee) Full-time Fire Personnel 75 / hr Paid On-Call Fire Personnel 35 / hr Public Works Employee 62 / hr Staff Attorney 100/hr 2019 Proposed Master Fee Schedule - Exhibit A City of Golden Valley 9 2018 Adopted 2019 Proposed Fee Fee Miscellaneous Fees (continued) Sump Pump Inspection 50.00 Weed Eradication/Lawn mowing - per hour (see minimums) Occupied/unoccupied residential/commercial property - 3 hour minimum 125 / hr SECOND OR MORE VIOLATIONS IN ONE SEASON Occupied/unoccupied residential/commercial property - 3 hour minimum 250 / hr Wetland Management (plus professional fees if necessary)75.00 150.00 Planning & Zoning Fees Record Real Estate items (Easements, CUP, PUDs, Development Agreenents)Hennepin Country fee Conditional Use Items Conditional Use Permit 400.00 450.00 Amendment to Conditional Use Permit 300.00 Extension 125.00 150.00 Future Land Use Map Amendment 1000.00 Park Dedication Fees 6% of Land Value (per Minnesota Statute 462.358) Planned Unit Development Preliminary Design Plan 1000.00 Final Plan of Development 1000.00 Extension 150.00 Planned Unit Development - Major Amendment 500.00 Planned Unit Development - Minor Amendment 250.00 Planned Unit Development - Administrative Amendment 100.00 Subdivision 400.00 Extension to Submit Final Plat 125.00 150.00 Subdivision - Minor 250.00 Extension to Submit Final Plat 125.00 150.00 Tax Parcel Division 100.00 Temporary Retail Sales 150.00 (for each sale, up to five days) Variance from Zoning Code Single-Family Residential Zoning District 200.00 All other Zoning Districts 300.00 Extension 150.00 Zoning Examination Letter 100.00 Zoning Map Amendment 500.00 City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 10 2018 Adopted 2019 Proposed Fee Fee Utility Fees Driveway Covers - Replace 150.00 Hydrant Inspection (Private)3.75 / month Hydrant Maintenance (Private)Actual Cost materials, parts, labor + 20% admin Meter Testing (to be returned if meter is in error of 5% or more of read)50.00 Sanitary Sewer Inspections and Compliance Fees (Ordinance No. 352) Noncompliant discharge into sanitary sewer(or refuse inspection) Single Family Residential 500 / month Non Single Family Residential 1000 / month Application fee for noncompliant winter discharge into sanitary sewer 250.00 Application fee for certificate of sewer regulations compliance Single Family Residential (R-1 or R-2), per structure 250.00 Non Single Family Residential (all other structures), per structure 750.00 Fee to review residential video record completed by private licensed plumber 100.00 Fee to review non-residential video record completed by private licensed plumber 375.00 Water on/off per each event (business day)25.00 (after hours)175.00 Utility - Manual Read of Water/Sewer Meter/Upgrade-4th Letter 100.00 Water Meter and Parts (All)At cost +20% Utility Billing Rates - Effective April 1, 2018 4/1/2018 4/1/2019 Residential Utility Rates - quarterly billing (includes all residential classes except those classified as apartments) Inspection Fee for Fire lines 6.00 Penalties (for late payment)10% Sanitary Sewer (in 1000 gallons) Residential (per dwelling unit) (Flat Rate)- 5 and under units-winter qtr consumption 67.74 71.13 Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption 73.15 76.81 Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption 80.46 84.48 Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption 91.72 96.31 Residential (per dwelling unit) (Flat Rate) - 26-39 units-winter qtr consumption 120.17 126.18 Residential (per dwelling unit) (Flat Rate) - 40-59 units-winter qtr consumption 138.39 145.31 Residential (per dwelling unit) (Flat Rate) - 60-79 units-winter qtr consumption 146.89 154.23 Residential (per dwelling unit) (Flat Rate)- 80 to 99 units-winter qtr consumption 168.31 176.73 Residential (per dwelling unit) (Flat Rate)- 100 and over units-winter qtr consumption 199.75 209.74 Recycling Residential curbside (per unit)14.00 15.00 Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 72.00 Each single family residential property is considered to be 1/3 of an acre. City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 11 2018 Adopted 2019 Proposed Fee Fee Utility Billing Rates - Effective April 1, 2018 (continued)4/1/2018 4/1/2019 Residential Utility Rates - quarterly billing Street Lights Ornamental (per unit)12.06 Overhead (per unit)8.31 Water Minimum fee, includes up to 1,000 gallons of flow 13.50 15.00 Water meters up to and including 1"13.50 15.00 Water meters over 1" and including 2"90.00 99.99 Water meters over 2" and including 4"125.91 139.89 Water meters over 4"160.58 178.26 Above 1,000 gallons of flow per quarter up to 79,000 (per 1,000 gallons)6.30 6.45 80,000 gallons and over of flow per quarter (per 1,000 gallons)6.33 6.48 Emergency Water Supply (per 1,000 gallons of flow) 0.30 Water Connection Fee (State Charge for each water hookup)1.59 Irrigation Accounts (All) - Monthly Billing Minimum fee, includes up to 1,000 gallons of flow 13.50 15.00 Water rate per 1000 gallons 6.33 6.48 All apartment buildings over 50 units will be billed monthly beginning April 1, 2018 Commercial & Industrial Utility Rates - monthly billing Inspection Fee for Fire lines 2.00 Penalties (for late payment on monthly billings)5% Sanitary Sewer Water meters up to and including 1"10.56 12.99 Water meters over 1" and including 2"27.06 33.33 Water meters over 2" and including 4"37.58 46.63 Water meters over 4"47.74 59.42 Based on per 1,000 gallons 5.05 5.45 Note: Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property X Residential Equivalency Factor (REF)72.00 Street Lights Ornamental (per unit)4.02 Overhead (per unit)2.77 Water Connection Fee (State Charge for each water hookup)0.53 Water Usage: Minimum fee, includes up to 1,000 gallons of flow 13.50 15.00 Water meters up to and including 1"13.50 15.00 Water meters over 1" and including 2"30.00 33.33 Water meters over 2" and including 4"41.97 46.63 Water meters over 4"53.53 59.42 Water rate per 1000 gallons 6.33 6.48 Emergency Water Supply (per 1,000 gallons of flow)0.30 City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 12 2018 Adopted 2019 Proposed Fee Fee Brookview Golf Course Rates Regulation Course 18 Hole Non-patron 39.00 18 Hole Patron 32.00 18 Hole Sr Patron 28.00 18 Hole Non-patron Senior Rate (Age 60+)32.00 18 Hole Non-patron League (Age 60+)39.00 18 Tournament 39.00 9 Hole Non-patron 21.00 9 Hole Patron 18.00 9 Hole Sr Patron 16.50 9 Hole Non-patron Senior (Age 60+)18.00 9 Hole Non-patron League (Age 60+)21.00 9 Hole Tournament 21.00 2nd Nine Non-patron 18.00 2nd Nine Patron 14.00 Sunrise/Sunset Rate 18.00 Twilight Non-patron 22.00 Twilight Patron 18.00 Junior Rate Patron 23.50/13.50 Junior Rate Non Patron 25.50/15.50 Par 3 Course 9 Hole Non-patron 13.00 9 Hole patron 9.50 9 Hole Sr Patron (Age 60+)8.50 9 Hole Non-patron Senior Rate (Age 60+)10.00 9 Hole League 13.00 9 Hole Tournament 13.00 9 Hole Junior Rate 8.50 9 Hole Junior Non-Patron Rate 10.00 2nd 9 Par 3 8.00 Patron Cards Resident Adult Patron 80.00/75.00 Non-resident Adult Patron 120.00/115.00 Resident Senior Patron (age 60+)50.00/45.00 Non-resident Senior Patron (age 60+)85.00/80.00 Resident Junior Patron (17 yrs & under)40.00/35.00 Non-resident Junior (17 yrs & under)45.00/40.00 Par 3 Patron Card 35.00 Driving Range Warm Up Bucket 4.00 Small Bucket 6.00 Large Bucket 8.00 10 Bucket Punch Pass 67.00 Large Patron Bucket 6.00 Cart Rates 18 Hole Power Cart 32.00 18 Hole Tournament Cart 32.00 18 Hole Patron Cart 26.00 9 Hole Tournament Cart 21.00 9 Hole Power Cart 21.00 9 Hole Par 3 Power Cart 16.00 Pull Cart/Regulation Course 5.00 Pull Cart/Par 3 Course 4.00 Trailer fee/Use of personal power cart 15.00/10.00 City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 13 2018 Adopted 2019 Proposed Fee Fee Brookview Golf Course Rates (continued) Club Rentals 18 Hole full rental - Regulation 20.00/30.00 9 Hole full rental - Regulation 10.00/15.00 9 hole Par 3 half rental 10.00 Locker Rental Season 100.00 Daily 5.00 Towel fee 2.00 Miscellaneous Fees USGA Handicap Service MGA Non-patron 45.00 Patron Annual 30.00 No Show Fee FULL FEE Lessons Adult Group 99.00 Junior Group 65.00 Lawn Bowling League Fee M-Th evenings (7 week league)400.00 Single Court Rental - resident and golf patron 25.00/hour Single Court Rental - non-resident 30.00/hour Private Rental of Four Courts 120.00/hour Private Rental of Eight Courts - exclusive use 240.00/hour Summer Kids Leagues 30.00 Senior Leagues 5.00 Rental of Green / 4 courts for corporate golf outings 120.00/hour Game Official For Private Rentals / Events 30.00/hour Game Equipment Use For Leagues & Rentals included Park & Recreation Fees Rates/Fees are printed in Recreation Brochures (Spring/Summer, Fall, Winter) Youth Activities Youth Programs 5.00-150.00 5.00-175.00 Youth Trips/Events 5.00-75.00 5.00-100.00 Youth Athletics 20.00-100.00 20.00-150.00 Adult Activities Adult Sports League Cancelation Fee 40.00 40.00 Adult Programs 5.00-150.00 1.00-150.00 Adult Trips/Events 5.00-75.00 5.00-75.00 Adult Individual Athletics/Fitness 20.00-100.00 20.00-100.00 Open Gyms 4.00 5.00 10-time Punch Pass 30.00 40.00 Soccer League - Co-Rec 425.00-550.00 425.00-550.00 Softball Leagues - Fall 400.00-500.00 400.00-500.00 Softball Leagues - Spring/Summer 800.00-900.00 800.00-900.00 Volleyball League 150.00-300.00 150.00-300.00 Kickball League 125.00-175.00 Senior Programs / Activities Presentation/Discussion Groups 2.00 1.00-5.00 Craft/Art Classes 6.50-70.00 6.50-70.00 Membership Dues 5.00-8.00 6.00-50.00 Special Events 4.00-40.00 4.00-40.00 Trips - Extended 2-6 Days 250.00-1200.00 250.00-1200.00 Trips - One Day 8.00-95.00 8.00-95.00 2019 Proposed Master Fee Schedule - Exhibit A Drop-in Fee City of Golden Valley 14 2018 Adopted 2019 Proposed Fee Fee Park & Recreation Fees (continued) Other Park & Recreation Fees Picnic Shelter Damage Deposit 250.00 250.00 Small Park Shelter (up to 50 people) Resident 100.00 115.00 Non-resident 115.00 130.00 Large Park Shelter (up to 100 people) Resident 130.00 150.00 Non-resident 150.00 170.00 Entire Park Use -- plus facility rental fees (up to 12 hours) Resident 250.00 300.00 Non-resident 450.00 450.00 Gazebo/Sun Shelter (Brookview only - Available from 11:00 am-dusk and only in conjunction with Large Shelter Rental for wedding ceremonies.) Resident per hour 50.00 50.00 Non-resident per hour 75.00 75.00 Beer/Wine Permit (only with Picnic Shelter rental)30.00 50.00 Equipment Use Fee Permit (inflatable, climbing wall, zipline, etc)Each 25.00 25.00 Davis Community Center Gym Resident per hour 25.00 25.00 Non-resident per hour 30.00 30.00 Sand Volleyball Court (per court) Resident per hour 20.00 20.00 Non-resident per hour 35.00 25.00 Tennis or Pickleball Court Tournament - per day/per court Resident 50.00 50.00 Non-resident 60.00 60.00 Court/hr Resident per hour 6.00 6.00 Non-resident per hour 8.00 8.00 Athletic Field Resident - no attendent per hour / per field (min 2 hrs)20.00 25.00 Resident - with attendent per hour / per field (min 2 hrs)35.00 35.00 Non Resident - no attendent per hour / per field (min 2 hrs)35.00 35.00 Non Resident - with attendent per hour / per field (min 2 hrs)50.00 45.00 W/Lights (Requires attendent)per hour / per field 10.00 10.00 All day tournament Resident per field / per day 150.00 150.00 Non-resident per field / per day 300.00 250.00 Field Attendant per hour 15.00 15.00 Professional Photo/Video Use of Specific Park Area (plus facility rental fees) Resident per hour 100.00 100.00 Non-resident per hour 125.00 125.00 Park Shelter Building Resident per hour (minimum 2 hrs)35.00 35.00 Non-resident per hour (minimum 2 hrs)40.00 40.00 Key Deposit refundable when returned 25.00 25.00 City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 15 2018 Adopted 2019 Proposed Fee Fee Park & Recreation Fees (continued) Hockey Rink (outdoor) Resident per hour 25.00 25.00 Non-resident per hour 35.00 35.00 Youth Athletic Association Player Field Maintenance Fee Resident & Non-resident per person 8.00 8.00-12.00 Non-resident per person 10.00 n/a Organization Field Maintenance Fee per organization 100.00-2000.00 100.00-2000.00 BACKYARD INDOOR PLAYGROUND Daily Rates Resident 4.00 4.50 Non-Resident 5.00 5.50 Socks 2.00 2.00 10 Punch Pass - Resident 30.00 35.00 10 Punch Pass - Non-Resident 40.00 45.00 Party Rates Includes 2 hours party room and 10 indoor playground wristbands - extra wristbands may be purchased for daily rate (max of 20 people total per party room) Resident 100.00 100.00 Non-Resident 120.00 120.00 Private Backyard Indoor Playground Rental Includes 2 hours of exclusive use and 2 party rooms Resident 250.00 250.00 Non-Resident 280.00 280.00 Additional hour 100.00 100.00 Group Rates Pre-reservation required; Ratio of 10:1 youth/adult; 1 payment only Groups of 15 kids or more, max 50, includes use of a party room when available per child 4.50 4.50 Picnic Packages Three One SIx Grill will provide food package options for party groups. City of Golden Valley 2019 Proposed Master Fee Schedule - Exhibit A 1 BROOKVIEW COMMUNITY CENTER - 2018 Adopted BROOKVIEW COMMUNITY CENTER - 2019 Proposed DEPOSIT Deposit is due at time of booking to hold reservation.DEPOSIT Deposit is due at time of booking to hold reservation. $500 refundable damage deposit is due 2 weeks prior to rental.$500 refundable damage deposit is due 30 days prior to rental. All rentals include:Set-up / take-down and AV equipment All rentals include:Set-up / take-down and AV equipment RESIDENT (Live or work in GV, book 24 months in advance for 14 hr, 12 months in advance for hourly)RESIDENT (Live or work in GV, book 18 months in advance for 14 hr, 12 months in advance for hourly) Room Room Capacity Hours Room Room Capacity Hours Sweeney Lake Conference Rm -12 max 2 hr min Sweeney Lake Conference Rm -12 max 2 hr min North 50 – seated chairs only 2 hr min North 50 – seated chairs only 2 hr min South Waiting for #2 hr min South Waiting for #2 hr min Both Waiting for #2 hr min Both Waiting for #2 hr min Twin Lake Rm -4 No minimum Twin Lake Rm -4 No minimum Fossil Creek Rm -4 No minimum Fossil Creek Rm -4 No minimum Hideout -20 – seated at tables 2 hr min Hideout -20 – seated at tables 2 hr min Clubhouse -20 – seated at tables 2 hr min Clubhouse -20 – seated at tables 2 hr min Room Option Capacity Hours Mon-Thur Fri Sat Sun Room Option Capacity Hours Mon-Thur Fri Sat Sun Bassett Creek 212 (200 @ rounds, 12 head table)14 hr (10 am-12 am)-$900 $1,200 $700 Bassett Creek 212 (200 @ rounds, 12 head table)14 hr (10 am-12 am)$1100 + tx $1600 + tx $1000 + tx Banquet Room 228 (216 @ rectangles, 12 head table)Hourly (2 hr min)$75/hr $80/hr $100/hr $75/hr Banquet Room 228 (216 @ rectangles, 12 head table)Hourly (2 hr min)$90/hr + tax $100/hr + tax $140/hr + tax $90/hr + tax North 84 (72 at rounds & 12 at head table)Hourly (2 hr min)$55/hr $60/hr $80/hr $55/hr North 84 (72 at rounds & 12 at head table)Hourly (2 hr min)$55/hr + tax $60/hr + tax $80/hr + tax $55/hr + tax South 72 (Classrm/presentation at rectangles)Hourly (2 hr min)$55/hr $60/hr $80/hr $55/hr South 72 (Classrm/presentation at rectangles)Hourly (2 hr min)$55/hr + tax $60/hr + tax $80/hr + tax $55/hr + tax Lilac Room -No minimum Lilac Room -No minimum Wirth Lake Rm - Waiting for #2 hr min Wirth Lake Rm - Waiting for #2 hr min Rice Lake Conference Rm -12 max 2 hr min Rice Lake Conference Rm -12 max 2 hr min Evergreen Deck -104 – seated chairs only 2 hr min Evergreen Deck -104 – seated chairs only 2 hr min 204 – seated chairs only 2 hr min 204 – seated chairs only 2 hr min Deck Event/Ceremony Fee Deck Event/Ceremony Fee (set-up of chairs, equipment, basic PA)(set-up of chairs, equipment, basic PA) Special Set-up Varies based on needs ALL ROOMS Special Set-up/Clean-up Varies based on needs NON-RESIDENT (Book 18 months in advance for 14 hr, 8 months in advance for hourly)NON-RESIDENT (Book 16 months in advance for 14 hr, 10 months in advance for hourly) Room Option Capacity Hours Room Option Capacity Hours Sweeney Lake Conference Rm -12 max 2 hr min Sweeney Lake Conference Rm -12 max 2 hr min North 50 – seated chairs only 2 hr min North 50 – seated chairs only 2 hr min South Waiting for #2 hr min South Waiting for #2 hr min Both Waiting for #2 hr min Both Waiting for #2 hr min Twin Lake Rm -4 No minimum Twin Lake Rm -4 No minimum Fossil Creek Rm -4 No minimum Fossil Creek Rm -4 No minimum Hideout -20 – seated at tables 2 hr min Hideout -20 – seated at tables 2 hr min Clubhouse -20 – seated at tables 2 hr min Clubhouse -20 – seated at tables 2 hr min Room Option Capacity Hours Mon- Thur--Fri Sat Sun Room Option Capacity Hours Mon- Thur--Fri Sat Sun Bassett Creek 212 (200 @ rounds, 12 head table)14 hr (10 am-12 am)-$1,100 $1,400 $900 Bassett Creek 212 (200 @ rounds, 12 head table)14 hr (10 am-12 am)$1300 + tx $1800 + tx $1200 + tx Banquet Room 228 (216 @ rectangles, 12 head table)Hourly (2 hr min)$90/hr $95/hr $115/hr $90/hr Banquet Room 228 (216 @ rectangles, 12 head table)Hourly (2 hr min)$120/hr + tax $130/hr + tax $170/hr + tax $120/hr + tax North 84 (72 at rounds & 12 at head table)Hourly (2 hr min)$70/hr $75/hr $95/hr $70/hr North 84 (72 at rounds & 12 at head table)Hourly (2 hr min)$70/hr + tax $75/hr + tax $95/hr + tax $70/hr + tax South 72 (Classrm/presentation at rectangles)Hourly (2 hr min)$70/hr $75/hr $95/hr $70/hr South 72 (Classrm/presentation at rectangles)Hourly (2 hr min)$70/hr + tax $75/hr + tax $95/hr + tax $70/hr + tax Lilac Room -No minimum Lilac Room -No minimum Wirth Lake Rm - Waiting for #2 hr min Wirth Lake Rm - Waiting for #2 hr min Rice Lake Conference Rm -12 max 2 hr min Rice Lake Conference Rm -12 max 2 hr min Evergreen Deck -104 – seated chairs only 2 hr min Evergreen Deck -104 – seated chairs only 2 hr min 204 – seated chairs only 2 hr min 204 – seated chairs only 2 hr min Deck Event/Ceremony Fee Deck Event/Ceremony Fee (set-up of chairs, equipment, basic PA)(set-up of chairs, equipment, basic PA) Special Set-up Varies based on needs ALL ROOMS Special Set-up/Clean-up Varies based on needs 14 hour rental includes: Bassett Creek Banquet Room, Lilac room, catering kitchen, private (Fairway) deck.14 hour rental includes: Bassett Creek Banquet Room, Lilac room, catering kitchen, private (Fairway) deck. Lower Level Mon-Sun $25/hr Valley Room $50/hr $50/hr $80/hr $15/hr $15/hr $25/hr $25/hr Upper Level Full Rm $15/hr $50/hr $25/hr $75/hr Fairway Deck - $75/hr -$200 $50 minimum Lower Level Mon-Sun $35/hr Valley Room $60/hr $60/hr $90/hr $15/hr $15/hr $35/hr $35/hr Upper Level Full Rm $15/hr $60/hr $35/hr $90/hr Fairway Deck - $90/hr -$220 $50 minimum Lower Level Mon-Sun $25/hr + tax Valley Room $45/hr + tax $45/hr + tax $75/hr + tax $15/hr + tax $15/hr + tax $25/hr $25/hr Upper Level Full Rm $15/hr + tax $50/hr + tax $25/hr + tax $60/hr + tax $60/hr + tax -$200 $50 minimum Fairway Deck - Lower Level Mon-Sun $35/hr + tax Valley Room $55/hr + tax $55/hr + tax $90/hr + tax $15/hr + tax $15/hr + tax $35/hr $35/hr Upper Level Full Rm $15/hr + tax $60/hr + tax $35/hr + tax $75/hr + tax $75/hr + tax -$220 $50 minimum Fairway Deck -