The URL can be used to link to this page

03-19-19 CC Agenda Packet (entire) REGULAR MEETING AGENDA 1. Call to Order A. Pledge of Allegiance Pages 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 – March 5, 2019 3‐6 B. Approval of City Check Register 7 C. Licenses: 1. General Business Licenses – Amusement Devices 8 2. General Business Licenses – Refuse and Recycling Vehicles 9‐10 3. General Business Licenses – Gas Stations and Gas Dispensers 11‐12 4. Gambling License Exemption and Waiver of Notice Requirement – Children’s Hospital Association 13‐15 5. Gambling License Exemption and Waiver of Notice Requirement – Cancer Legal Care 16‐18 D. Minutes of Boards and Commissions: 1. Planning Commission – February 25, 2019 19‐26 2. Special Human Rights Commission – January 10, 2019 27 3. Rising TIDES Task Force – January 15, 2019 28‐29 4. Bassett Creek Watershed Management Commission – January 17, 2019 30‐35 5. Joint Water Commission – January 2, 2019 36‐37 E. Bids and Quotes: 1. Approve Purchase of 2019 Crew Cab Pickup Truck 38‐39 F. Award Contracts for 2019 Pavement Management Program and Meadowbrook School Turn Lane Improvements Project 40‐50 G. Modifying 2019 General Wages and Salaries for Certain Positions and Budget Adjustment 19‐22 and 19‐23 51‐54 H. Authorize Contract for Curbside Textile Recycling Program 55‐65 I. Supporting Submittal of Application to Minnesota Department of Natural Resources for Trail Connection at Laurel and Colorado Avenues 19‐24 66‐68 Mar 19, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Mar 19, 2019 – 6:30 pm 2 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Approval of Flood Proofing Cost Share Reimbursement Policy 69‐98 B. Golden Hills Business Park PUD No. 78, Amendment #1 – 5900 & 6100 Golden Hills Drive 99‐123 C. First Consideration – Ordinance #659 – Modifications to Right of Way Management Ordinance to address Wireless Facility Aesthetics 124‐146 D. Second Consideration – Ordinance #656 – Therapeutic Massage Licensing, Permitting and Regulation and Approve Summary of Ordinance for Publication 147‐175 E. First Consideration – Ordinance #658 – Amendment to the 2019 Master Fee Schedule for Temporary Massage Therapist Permit for Hospice Care Fee 176‐177 F. Second Consideration – Ordinance #657 – Amending Salaries of Mayor and Council Members 178‐180 G. Approve Elected Official Out‐of‐State Travel 181‐184 H. Review of Council Calendar I. Mayor and Council Communications 7. Adjournment + . REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 2. Additions and Corrections to Agenda MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the agenda of March 5, 2019, as submitted and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Fonnest, seconded by Council Member Clausen to approve the consent agenda of March 5, 2019, as submitted and the motion carried. 3A1. Approve Minutes of City Council Meeting – February 19, 2019. 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Licenses: 1. Authorize renewal of the fireworks sales license for Menard’s for a period of May 1, 2019 through April 31, 2020. 2. Approve a cigarette/tobacco license for Potpourri Gifts located at 5500 Wayzata Boulevard, through December 31, 2019. 3. Receive and file the gambling license exemption and approve the waiver of notice requirement for TwinWest Chamber of Commerce Foundation. 3D. Minutes of the Boards and Commissions: 1. Planning Commission – February 11, 2019 2. Board of Zoning Appeals – January 22, 2019 3. Human Rights Commission – December 27, 2018 4. Human Services Commission – January 14, 2019 5. Environmental Commission – January 28, 2019 3E1. Approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,684. 3E2. Approve purchase of two 2019 AWD Ford Utility Police Interceptors from Ford of Hibbing in the amount of $72,003.12. 3F. Adopt Resolution 19‐18, Supporting Submittal of Application to Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site. 3G. Adopt Resolution 19‐19, adopting the Hennepin County All‐Hazard Mitigation Plan. Mar 5, 2019 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes Mar 5, 2019 – 6:30 pm 2 3. Approval of Consent Agenda ‐ continued 3H. Award contract for Bassett Creek Nature Area Habitat Restoration Project #19‐08 to Applied Ecological Services in the amount of $54,984. 3I. Adopt Resolution 19‐20, authorizing the Public Works Joint Powers Mutual Aid and Equipment Loan Agreements. 4. Public Hearing 5. Old Business 6. New Business 6A. Consideration of Facility Use Agreement with the American National Red Cross Fire Chief Crelly presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to authorize the Mayor and City Manager to sign the American National Red Cross’s “Facility Use Agreement” and the motion carried. 6B. First Consideration – Ordinance #656 – Therapeutic Massage Licensing, Permitting and Regulation City Attorney Cisneros presented the staff report and answered questions from Council. City Clerk Luedke and City Manager Cruikshank answered questions from Council. Mr. Kevin Seeger, owner of the Golden Valley Massage Envy, commended the City for updating the Massage Licensing and Therapist permit ordinance. He said he reviewed the draft ordinance and felt in general it was well done. He provided information on his business and comments on the ordinance sections regarding the requirements for minors and the massage therapist accredited program requirements. There was Council discussion regarding the draft massage licensing and regulation ordinance, which included the temporary massage therapist section and the proposed fee for it. MOTION made by Council Member Fonnest, seconded by Council Member Schmidgall to adopt first consideration, Ordinance #656, Repealing in its Entirety Article VIII. Massage Parlors, Sauna, and Other Adult‐Oriented Services and Adding a New Article VIII. Therapeutic Massage Licensing, Permitting and Regulations. 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. 6C. First Consideration – Ordinance #657 – Amending Salaries of Mayor and Council Members and Approval of Additional Assignments and Meetings City Manager Cruikshank presented the staff report and answered questions from Council. City of Golden Valley City Council Regular Meeting Minutes Mar 5, 2019 – 6:30 pm 3 6C. First Consideration – Amending Salaries of Mayor and Council – continued MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to adopt first consideration, Ordinance #657, amending Salaries of Mayor and Council Members. Upon a vote being taken the following voted in favor of: Clausen, Harris and Rosenquist, the following voted against: Fonnest and Schmidgall and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Clausen to adopt Resolution 19‐21 for Approval of Additional Assignments and Meetings attended by the Mayor and Council. 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. 6D. Review of Council Calendar Some Council Members may attend the Boy Scout Troop Pancake Breakfast Fundraiser on March 9, 2019, from 8 am to noon at Valley of Peace Lutheran Church, 4735 Bassett Creek Drive. Some Council Members may attend the Winter Market on March 10, 2019, from 10 am to 1 pm at Brookview, 316 Brookview Parkway. Some Council Members may attend the Hopkins Empty Bowl Event on March 12, 2019, from 11 am to 7 pm at Hopkins Center for the Arts, 1111 Mainstreet, Hopkins. Some Council Members may attend the Rising TIDES Task Force meeting on March 12, 2019, from 5 to 6 pm in the Council Conference Room. The next Council/Manager meeting will be held on March 12, 2019, at 6:30 pm. Some Council Members may attend the Covenant Village Pancake Appreciation Breakfast on March 15, 2019, from 8:30 to 10 am at Covenant Village, 5800 St. Croix Avenue North. The next City Council meeting will be held on March 19, 2019, at 6:30 pm. Some Council Members may attend the State of the City/Golden Valley Business Council/TwinWest event on March 28, 2019, from 7:30 to 9 am in the Council Chambers. 6E. Mayor and Council Communication Council Member Rosenquist provided information on the Hopkins Foundation event that she attended and thanked the Hopkins School District members involved in the event. She also provided information on a League of Minnesota Legislative event she attended. Mayor Harris provided information on a Mayor’s lunch meeting that he attended with Congresswoman Omar and mayors from other surrounding cities. Council Member Clausen provided information on a meeting she attended regarding the history of the Human Rights Commission. City of Golden Valley City Council Regular Meeting Minutes Mar 5, 2019 – 6:30 pm 4 7. Adjourn MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried unanimously to adjourn the meeting at 7:44 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 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=717279&dbid=2. • The check register for approval: o 03/08/2019 Check Register Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. C. 1. General Business Licenses - Amusement Devices Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their amusement device license for the 2019-2020 license term. The applicants have met City Code requirements for the renewal of their license and staff is recommending approval. License No. Applicant License Type Fee 10996 Schuller’s Tavern 2 Amusement Devices $30 7348 Country Club Drive at 7348 Country Club Drive 10992 Theisen Vending Company 2 Amusement Devices $30 2335 Nevada Avenue North at 7348 Country Club Drive 2 Amusement Devices $30 at 6920 Wayzata Blvd Recommended Action Motion to authorize the renewal of the above amusement device licenses for a period of April 1, 2019 through March 31, 2020. Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. C. 2. General Business Licenses - Refuse and Recycling Vehicles Prepared By Kris Luedke, City Clerk Summary The following establishments have applied for renewal of their refuse and recycling vehicles license for the 2019-2020. The applicants have met City Code requirements for the renewal of their license and staff is recommending approval. License # Applicant License Type Fee 10983 Ace Solid Waste 3 Refuse Vehicles $ 150 6601 McKinley Street 10977 Aspen Waste 5 Refuse Vehicles $ 250 10976 2951 Weeks Avenue SE 3 Recycling Vehicles $ 150 10978 Baldy Sanitation 1 Refuse Vehicles $ 50 10991 Curbside Waste Inc 1 Refuse Vehicle $ 50 PO Box 43154 10986 Darling Ingredients Inc 1 Refuse Vehicle $ 50 9000 382nd Avenue 10984 Dick’s Sanitation 4 Refuse Vehicles $ 200 10985 8984 215th Street West 2 Recycling Vehicles $ 100 10980 Randy’s Environmental Services 8 Refuse Vehicles $ 400 10974 4351 US Hwy 12 SE 3 Recycling Vehicles $ 150 License # Applicant License Type Fee 10988 Republic Services 10 Refuse Vehicles $ 500 10987 9813 Flying Cloud Drive 10 Recycling Vehicles $ 500 10981 Suburban Waste 1 Refuse Vehicle $ 50 10990 15718 Village Woods Drive 1 Recycling Vehicle $ 50 Recommended Action Motion to authorize the renewal of the above refuse and recycling vehicles licenses for the period of April 1, 2019 through March 31, 2020. Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. C. 3. General Business Licenses - Gas Stations and Gas Dispensers Prepared By Jill Lund, Administrative Assistant Ted Massicotte, Deputy Fire Chief Summary The following establishments are up for renewal of their gas station and gas dispenser license for the 2019-2020 license term. The applicants have met City Code requirements for the renewal of their license and staff is recommending approval. Applicant License Type Fee Freddie’s Petroleum, Inc. Gas Station/4 Dispensers $ 300 DBA: Amstar 9405 Medicine Lake Road Feist Automotive Gas Station/4 Dispensers $ 300 1875 Lilac Drive North General Mills Gas Station/6 Dispensers $ 400 1 General Mills Boulevard Golden Valley Country Club Gas Station/2 Dispensers $ 150 7001 Golden Valley Road Gregg and Jim’s Service, Inc. Gas Station/4 Dispensers $ 300 1900 Douglas Drive North Holiday Stationstores, Inc. Gas Station/5 Dispensers $ 350 7925 Wayzata Boulevard Applicant License Type Fee Linn Retail Centers, Inc. Gas Station/6 Dispensers $ 400 DBA: Holiday Station 600 Boone Avenue North Jim Lupient Oldsmobile Gas Station/1 Dispenser $ 75 7100 Wayzata Boulevard Mainline Transportation, Inc. Gas Station/4 Dispensers $ 300 835 Decatur Avenue North Morrie’s Cadillac SAAB Gas Station/1 Dispensers $ 75 7400 Wayzata Boulevard Regency Hospital Gas Station/1 Dispenser $ 75 1300 Hidden Lakes Parkway Speedway #4497 Gas Station/6 Dispensers $ 400 6955 Market Street Speedway #4443 Gas Station/4 Dispensers $ 300 1930 Douglas Drive North Theodore Wirth Par 3 Gas Station/2 Dispensers $ 150 1313 Theodore Wirth Parkway Recommended Action Motion to authorize the renewal of the above gas station and gas dispenser licenses for the period of April 1, 2019 through March 31, 2020. Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. C. 4. Gambling License Exemption and Waiver of Notice Requirement – Children’s Hospital Association Prepared By Kris Luedke, City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Children’s Hospital Association. MINNESOTA LAWFUL GAMBLING 11/17 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event,the awards less than $50,000 in prizes during a calendar year. application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Children's Hospital Association, Inc. Permit Number: X62164 Minnesota Tax 1D Federal Employer ID Number, if any: Number(FEIN), if any: 41-0711605 Mailing Address: 347 Smith Avenue North, Suite 501 City: St. Paul State: MN Zip: 55102 County: Ramsey Name of Chief Executive Officer(CEO): Erin Bursch CEO Daytime Phone: 651-220-6146 CEO Email: erin.bursch@childrensmn.org (permit will be emailed to this email address unless otherwise indicated below) Email permit to(if other than the CEO): bianca.wischer@childrensmn.org NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans Q Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) F-1 A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-Affiliate of national,statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Golden Valley Country Club Physical Address (do not use P.O. box): 7001 Golden Valley Rd., Golden Valley, MN 55427 Check one: City: Golden Valley Zip: 55427 County: Hennepin ElTownship: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): April 26, 2019 Check each type of gambling activity that your organization will conduct: Q Bingo =Paddlewheels =Pull-Tabs a Tipboards o Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor,go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. 11/17 LG220 Application for Exempt Permit Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township gThThe application is acknowledged with no waiting period. he application is acknowledged with no waiting period. e application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. ❑T'he application is denied. Print City Name: 67-0_�0 l d RPh �/0A Print County Name: Signature of City Personnel: Signature of County Personnel: Title: '"I "e-V Date: Y'` C'�^ `I Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned he Boar thin 30 days of the event date. Chief Executive Officer's Signature it Date: 03/12/2019 ( gnature must be CEO's signal e;designee may not sign) Print Name: Erin Bursch REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form (and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board)to by the Board. All other Information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and International gambling be involved in lawful gambling activities in Board Issues the permit. When the Board Issues regulatory agencies;anyone pursuant to court Minnesota. Your organization has the right to the permit, all Information provided will become order;other individuals and agencies specifically refuse to supply the information; however, If public. If the Board does not Issue a permit,all authorized by state or federal law to have access your organization refuses to supply this Informatlon provided remains private,with the to the Information; Individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organizatlon's qualifications and, address which will remain public. Private data sharing of Information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given;and anyone with your written consent. If your organization supplies the Information members, Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available In alternative format(i.e.large print,braille)upon request. An equal opportunity employer Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. C. 5. Gambling License Exemption and Waiver of Notice Requirement – Cancer Legal Care Prepared By Kris Luedke, City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Cancer Legal Care. MINNESOTA LAWFUL GAMBLING 11/17 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization �Ck nC�/ LQ �e� Previous GamblingX l�72 �}�_�� Name: Permit Number: Minnesota Tax ID �� f�. Federal Employer ID Number, if any: Number(FEIN), if any: Mailing Address: �l Y` ( V-,ec T>-,V"C. # /--)() City. A-(t, , t4) State: 11"1 v� � Zip: '�/1Z County: �.+-ri Name of Chief Executive Officer (CEO): CEO Daytime Phone: �'S L_( ��-c6 � CEO Email Cly �� l��(� "� CLi-�� Email permit to (if other than the CEO): (permit will be emailed to this email address unless otherwise indicated below) NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans � Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducte _ (for raffles, list the site where the drawing will take place): I v� r� e Tb Pe) Ll'-Ayt --Rck�I��f�� Physical Address (do not use P.O. box): UO(((j 76 Jzi, P-1 VCA � Check one: 51 City: L' V ( Zip: ,J y14' County: E]Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): I_Y1 �q-c� � I Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull-Tabs Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. 11/17 LG220 Application for Exempt Permit Page 2of2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. FIThe application is denied. ��(p� Ohe application is denied. ony Print City Name: V [&Ao („)�.tzUA Print County Name: Signature of Per onnel: Signature of County Personnel: Title: C�l/"y1 C-�"�'�- Date: 3 13 41 Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete a eeur-ate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within30adays of the event ate:' Chief Executive Officer's Signature: Date: (Signature must b CEO's signat re; esi ne may not sign) Print Name: /r-v- tt /C C �C�.2G C,4� REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: l a Maipplication with: • all gambling conducted on two or more consecutive days; or ✓a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form (and any attachments)will be used address will be public-information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board)to by the Board. All other information provided will Management&Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e. large print, braille) upon request. An equal opportunity employer REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 7 pm by Chair Baker. 2. Roll Call Present: Planning Commissioners Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, and Chuck Segelbaum Absent: None Staff Present: Planning Manager Jason Zimmerman, Senior Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman Council Liaison: Steve Schmidgall 3. Approval of Minutes February 11, 2019, Regular Planning Commission Meeting Johnson referred to the last sentence in the second paragraph on page five and stated that the word “he” should be changed to the word “Zimmerman.” MOVED by Blum, seconded by Johnson and motion carried unanimously to approve the February 11, 2019, minutes with the above noted correction. 4. Discussion – Architectural and Material Standards Zimmerman reminded the Commissioners that they have been asked to consider new zoning regulations related to architectural and material standards for buildings. He stated that material standards were discussed at the last Planning Commission and that architectural standards will be the focus of this discussion. He noted that during previous discussions the consensus was to utilize some architectural standards and to address most zoning districts, but not single family homes or duplexes (R-1 and R-2). Zimmerman stated that staff reviewed zoning codes from 15 cities for ideas regarding architectural standards and that only a few of them have robust regulations. He stated that the types of features that are regulated typically include: building massing, facade design (both horizontal and vertical variation), roof lines, amount of openings/percentage of transparency on each elevation, location of entrances, focal elements, color, sun/shading, and loading docks/screening of utilities. Zimmerman said that he would like the Commission’s feedback on the following: which elements should be regulated through the Zoning Code, which zoning districts should be subjected to the Feb 25, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 2 architectural regulations, how standards can be written to avoid subjective measures that could be difficult to enforce, who should be responsible for verifying compliance with the standards, and how additions to existing (non-conforming) buildings should be handled. Zimmerman showed the Commission several pictures of buildings and discussed the various architectural elements and features on each of the buildings. Baker asked Zimmerman if any bad examples come to mind. Zimmerman said that most of the buildings he showed pictures of are newer buildings and that the push has been to create interesting facades with different sections, balconies, and windows. He added that many of the buildings that are plainer are the older office buildings or more industrial types of buildings. He said this gets to the question of where to apply architectural standards. Segelbaum said many of the examples shown were of recent construction projects so he is trying to get a sense how important having standards is if all modern architects are trying to employ these architectural elements into their buildings anyway without regulations. Zimmerman said for the most part architects try to design interesting buildings and incorporate many of the features they’ve been discussing, especially in big, highly visible buildings. He noted that some of the examples he’s shown were located in the Mixed Use Zoning District where there already are some standards required, or they are in a PUD where the City has some leverage to push for more architectural elements. Baker referred to the Lock Up storage facility and said that is an example of where the City may have been able to impose some more interesting architectural elements. Zimmerman stated that the Lock Up facility didn’t require any planning approvals and there were no design standards so that is an example of where having standards could have been helpful. Segelbaum asked if there are certain standards that are common in most cities. Zimmerman said that most of the common standards were facade variation, articulation, the amount of glass/transparency, and screening of mechanicals and utilities. Baker said he noticed two different approaches cities seem to take. Some cities state what they would prefer or what is desirable and some cities were quite prescribed. He stated that the I-394 corridor has pretty prescriptive design standards and wasn’t a success. He questioned if the prescriptive approach in the architectural standards requirements created any disincentive to people engaging in that area. Zimmerman said he doesn’t think the issues in the I-394 Corridor are due to problems with the code requirements, it is more with people trying to reuse the existing buildings that are there and the difficulty trying to incorporate new architectural elements into an existing building. He added that the new buildings in the corridor didn’t have issues with meeting the design requirements. Baker suggested the Commission go through each of the discussion questions asked by staff. The first question is which elements should be regulated through the Zoning Code. Blum said his most important issue is vertical and horizontal articulation. He said he thinks variation can be achieved by addressing horizontal articulation, vertical articulation, and color and that developments are already City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 3 using these three elements so he doesn’t think it will a huge imposition to add those standards to the Zoning Code. Baker agreed. Pockl asked if the Zoning Code already addresses articulation. Zimmerman stated that only the R-1 and R-2 zoning districts require side wall articulation. Segelbaum said it seems that at a minimum articulation is important. Baker asked the Commission if they have comments about regulating roof lines. Zimmerman stated that many of the recent construction projects are large buildings with flat roofs where it is more difficult to create interest. Baker said that it is subjective to put language in the Code that just says “provide a variety of roof shapes.” Blum suggested making the language about roof types an encouraging statement, not a requirement. Baker asked the Commission for comments about openings and percentage of transparency. Zimmerman noted that most commercial uses want transparency but that some institutional or industrial uses may not need it. Segelbaum stated that he remembers hearing in Transit Oriented Design (TOD) discussions that if a certain design is required then the uses will follow it. He added that he agrees that transparency depends on the use. Johnson asked if glass would be treated like any other material in regard to articulation. Zimmerman said yes. Johnson noted that the wording in some of the cities codes state that glass should be clear, but putting up curtains or blinds would be a way around that so he questions what is trying to be accomplished. Zimmerman said the intent is to create interaction with people inside and outside. Blum stated that they have discussed trying to encourage parking at the rear of buildings in order to create more walkable areas. He said harder materials like brick and stone can create a claustrophobic type feel and that glass creates a more open, friendly, functional feeling. Brookins said he likes the idea of regulating the amount of glass/transparency because buildings can have a very different feel with more glass, but his only concern is that it doesn’t get saturated at one end of a building. Baker asked the Commission their thoughts about the location of entrances. Blum said his opinion is entrances in the front, parking in the rear. Zimmerman stated that architectural features such as a canopy or an arch draw your attention to a door. Segelbaum said he thinks all of these things add to the uniqueness of buildings, but they need to be careful they don’t legislate themselves out of development opportunities. Blum said he thinks the standards currently used in the Mixed Use Zoning District are good. Baker asked the Commission to comment on focal elements. Zimmerman noted that focal elements are more common on institutional buildings such as a church spire. Baker said this element doesn’t strike him as being enormously important. The Commission agreed. City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 4 Baker asked the Commissioners to comment on the element of color. Blum reiterated that he thinks visual interest or lack of sameness can be established by having different amounts of each of the massing elements being discussed. He added that he thinks color should be an independent requirement in order to keep visual appeal. Zimmerman agreed that the color element pairs nicely with the discussion they’ve had about materials standards. Baker said he likes there to be a lot of color and he doesn’t understand why bright colors are discouraged because they are fun and unique. Johnson questioned if certain developers would be discouraged if the rules were too strict in regard to color. He added that he also doesn’t want to put undue costs or constraints on builders. Baker referred to the next discussion item which is in regard to sun/shading. Zimmerman noted that requirements regarding sun/shading were not in very many of the codes he researched. Segelbaum asked if reflectivity is a part of this element. Zimmerman said he thought that would be more a part of the materials standards. Zimmerman stated that height and setback requirements help address sun/shading issues. Brookins agreed that setbacks would address the sun/shading issues. Blum said he thinks sun/shading is fundamental and an important factor in a lot of the decisions they are asked to make. He added that some original zoning laws were created because of this topic so they should feel comfortable that it is addressed somewhere in the Zoning Code if not in the architectural standards. Baker stated that the last element is the screening of loading docks and utilities. He said he thinks this is very important. Zimmerman agreed and said some of the other codes he researched had some good language about screening. Segelbaum said the question is screening from what view. Zimmerman said the current code requires screening from the public right of way. Johnson questioned why the City would want to force somebody to put nice looking materials on their loading dock and then require that it be screened. Zimmerman reiterated that is why it is important to decide which zoning districts the architectural and materials standards should apply to. Baker said he assumes these standards wouldn’t apply to R-1 and R-2 properties. Segelbaum said he thinks they should apply to townhomes. Blum said he thinks the R-2 Zoning District should have higher standards in order to help make that type of development more palatable to the community and to help reduce people’s anxiety. Baker suggested looking at some examples of R-2 developments. Zimmerman said that it might be appropriate to have some standards for anything beyond a single unit. Brookins said he would support higher standards in R-2 and suggested requiring variation through the materials used instead of the architectural standards. Johnson said he agrees with requiring higher standards in R-2. Segelbaum said he thinks the Commercial and Office Zoning Districts should have higher architectural standards but he is not sure about Light Industrial and Industrial. He reiterated that he wants to make sure the City is encouraging development. Baker agreed and said he thinks the Institutional Zoning District should also have higher architectural standards. Pockl stated that they are currently considering minimum requirements but questioned if when they are reviewing proposals in the future they will be able to require that additional standards be met or if they would just be a suggestion. Zimmerman explained that the City doesn’t have a formal site plan City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 5 review process and that staff works with potential applicants about their proposals and makes suggestions, but the City has to be careful when asking for things that aren’t required in the Zoning Code. He added that is why the really important things should be clear and required. Baker stated that the next question staff wanted feedback on is who is responsible for verifying compliance with the standards. Zimmerman stated that if the minimum requirements are clear then staff can be responsible for compliance. Johnson asked about the exception process. Zimmerman said these standards would be in the Zoning Code so someone could potentially ask for a variance. Blum referred to St. Louis Parks’ general guidelines language and said it ties things together in a way that shows the things that are “musts” and “shalls” and the other things that are encouraged. Baker said he would rather state what is required and what is optional. Blum said he is concerned that optional requirements become nothing. Brookins asked if there is a way to highlight the vision or the intent and then list the architectural standards that help achieve it. Baker asked about architectural standards in regard to additions on existing buildings. Zimmerman stated that during the discussion about materials standards they talked about requiring at least 90% of the facade having to conform to the new requirements. Baker said he would encourage staff to take the same approach with architectural standards. The Commission agreed. Johnson asked if there are prohibitions about a building being used as a sign itself. Zimmerman said the current sign code does have language prohibiting that. 5. Discussion – Mixed Use and Pedestrian Overlay Districts Zimmerman referred to the 2040 Comp Plan Land Use Plan and reminded the Commission that this plan calls for some new mixed use land use categories. These include both the Neighborhood and Community Mixed Use Sub-Districts. He noted that currently the only land in the City zoned Mixed Use is in the I-394 Corridor and that the 2040 Comp Plan talks about expanding the mixed use category and using it in other areas of the City. He referred to a map which shows the planning districts that are designated for mixed use and stated that these areas include certain nodes along Douglas Drive, the Light Rail Station Area, and the Downtown area, among others. He added that since the Planning Commission last reviewed the 2040 Comp Plan the Council decided that they want the former Optum site to be guided for mixed use so once the Met Council approves the 2040 Comp Plan the City will be amending the Land Use Map. Baker asked why that site was called out. Zimmerman stated that some proposals came forward that offered a mix of uses and not just an office use and the Council wants to have the opportunity to potentially allow residential uses on that site as well. Zimmerman referred to a map of the future mixed use sites and discussed the differences between the Neighborhood Mixed Use category which is smaller and more restrictive and the Community City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 6 Mixed Use category which is bigger and allows for more uses. He stated that the current Mixed Use Zoning District has three sub-districts that allow for different heights and intensity of uses along I-394. He referred to the TOD work that has been done and stated that those studies refer to simplified sub- districts that can be applied elsewhere in the City. He showed an example of a handout that could be created to address most of the requirements in these sub-districts. He stated that staff is going to continue working on the elements in the proposed new Mixed Use Zoning District and will come back to the Planning Commission with more specific details on what this district will look like. Zimmerman stated that in order to go along with the proposed new Mixed Use Zoning District and to encourage walking and activity, staff has been reviewing Pedestrian Overlay Districts. Goellner stated that many of the regulations of the Mixed Use Zoning District and a potential Pedestrian Overlay District would overlap. She explained that an overlay district is laid on top of a primary zoning district and that generally, the rules in an overlay district are what govern. She stated that an overlay district is a good tool to use for parcels that could experience redevelopment pressure, but are not zoned Mixed Use such as properties along the Golden Valley Road or Douglas Drive corridors. She stated that a Pedestrian Overlay District may also be helpful because they can require extra development standards and can help promote high-quality design, visual cohesiveness and attractiveness in a high-profile corridor. They can also help improve connectivity. She said she thinks the reason a Pedestrian Overlay District would be used, especially along bike/pedestrian/transit corridors, is to transition from a very suburban environment to a more urban character, but an urban character that the City is comfortable with. She referred to a map showing a potential Pedestrian Overlay District and said staff thinks it might work well in the area along Golden Valley Road between Hello Apartments and City Hall and then potentially over to Douglas Drive, over to Highway 100 (on Duluth Street) and then maybe in the future to the Light Rail Station. Goellner discussed reasons not to have a Pedestrian Overlay District. She stated that if the Overlay District includes entire corridors, it will include parcels that are single family homes or not under redevelopment pressure. An Overlay District would create non-conformities and if not adjacent to existing sidewalks, bike lanes, or high-frequency transit may be premature. She stated that they should also think about whether the City is ready to make a suburban to urban transition in such large corridors of if they should consider looking at nodes instead of entire corridors. Baker questioned if having a Pedestrian Overlay District would create more of an urban feel eventually. Goellner said she thinks it would and if they choose to reduce the front yard setbacks in entire corridors eventually it will feel more urban. Baker asked if that is the main thing an Overlay District would do. Zimmerman stated that height, entrance locations, sidewalk connections, drive- thrus, and parking lots are often regulated in Overlay Districts in order to keep the corridor pedestrian friendly. He said this why staff is questioning if it is appropriate to have an Overlay District for the entire length of the corridor or if it may be more appropriate just in certain areas. Blum asked about the effect on properties and how far into the properties the Overlay District would go on either side of the roadway. Zimmerman said an Overlay District could go any depth into a City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 7 property. He said some Pedestrian Overlay Districts include the first 40 feet of the properties along it, and some Districts call for any property that is adjacent to it so it depends how much of the property a city wants to impact. Blum asked if differently zoned properties can be treated differently within an Overlay District. Zimmerman explained that the unique thing about an Overlay District is that the regulations apply to all of the underlying zoning districts equally which is why it may not be the best tool to use along a corridor where there are many different uses occurring. He said it may make more sense to put the relevant regulations in the Mixed Use Zoning District language rather than in an Overlay District. Baker said what appeals to him about a Pedestrian Overlay District is having a corridor that is really dedicated to bicyclists and is something that is dedicated, wide, and has a lot of people using it. Zimmerman said they need to think about what is within the public right-of-way and how much of it is buildings and other things outside of the right-of-way, and how those buildings interact with the corridor. Johnson asked if these plans could somehow include a north/south connection over Highway 55 at Winnetka Ave. or Rhode Island Ave. to the I-394 redevelopment area. Zimmerman stated that is identified as one of the areas of focus in the Downtown Study that will occur later this year. Baker suggested showing a connection along Golden Valley Road across Highway 100 to the Light Rail Station. Blum agreed. Brookins said his priorities would be first getting the nodes and having the right zoning there, second would be the way to get there, the transportation connections, and third making those corridors where they are connecting the transit better. Baker asked if a Pedestrian Overlay District could include within the existing right-of-way a divided path that has dedicated bike lanes and walking lanes. Zimmerman referred to the plans for the Bassett Creek Regional Trail on a section of Golden Valley Road which shows on street bike lanes and a separate off street bike trail/sidewalk on the south side which would connect the Light Rail Station to Douglas Drive. Baker said he doesn’t think that is urbanization, he thinks that could increase the value of homes for people who want to have a bike path right out their front door. Goellner referred to the City’s bike/pedestrian plan which is different from a Pedestrian Overlay District. She stated that the bike/pedestrian plan shows the facilities on the roadway. However, a Pedestrian Overlay District could potentially change front yard setbacks, or not allow parking in a front yard which would be more impactful so without the trail done yet on Golden Valley Road it may be too soon for the Overlay District. Baker suggested mapping out an incremental approach. Blum said they may then risk getting one consistent vision across a corridor. Zimmerman referred to several different maps that were used in determining the planning districts and discussed the various parcels/areas that may change sooner than later. City of Golden Valley Planning Commission Regular Meeting Feb 25, 2019 – 7 pm 8 Pockl asked to see some pictures of what some other Pedestrian Overlay Districts look like. Goellner said she would provide examples during future discussions. --Short Recess-- 6. Council Liaison Report Schmidgall gave an update on the last City Council meeting which included approval of the ordinance for firearm sales regulations. 7. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings No reports were given. 8. Other Business No other business was discussed. 9. Adjournment The meeting was adjourned at 8:57 pm. ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant SPECIAL MEETING MINUTES Call to Order The meeting was called to order at 6:06 pm by Chair Harris. Roll Call Commissioners present: Maurice Harris, Kyle Scott, Gloria Peck, Carrie Yeager, Jonathan Burris, and Teresa Martin Commissioners absent: Lauren Barry, Eve Clarkson, and Chris Mitchell Staff present: Kirsten Santelices, Human Resources Director Approval of Agenda MOTION by Commissioner Scott, seconded by Commissioner Peck to amend special agenda, adding item (4) “MLK Literary Contest Winner Discussion.” Carried 6-0. Approval of Funds for Speakers at Sweet Potato Comfort Pie Commissioner Martin discussed that the Sweet Potato Comfort Pie events on Jan 19 and Jan 20 will have table facilitators throughout the events. MOTION by Commissioner Martin to allocate up to $400 for table facilitators between the two Sweet Potato Comfort Pie events. Seconded by Commissioner Yeager. Carried 6-0. MLK Literary Contest Winner Discussion The Commission discussed the contest entries and specifically the winner of the contest. Commissioners commented on the powerful nature of young voices and hoped that the winner would be interested in reading the essay at the Sweet Potato Pie event on Jan 20. Chair Harris will notify the winner and report back to the Commission. Staff will ensure the $50 prize and award are prepared in time for the Jan 20 event. Adjourn MOTION by Commissioner Yeager, seconded by Commissioner Martin to adjourn the meeting at 6:22 pm. Carried 6-0. ________________________________ Maurice Harris, Chair ATTEST: _________________________________ Maria Cisneros, City Attorney/Interim Staff Liaison Jan 10, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road REGULAR MEETING MINUTES Rising TIDES Task Force January 15, 2019 Call to Order The inaugural meeting was called to order at 5:01 pm by Kirsten Santelices. Attendance/Roll Call Members present: Amber Alexander, Joelle Allen, Millicent Flowers, Tanveer Gulzar, Maurice Harris, Sheri Hixon, Melissa Johnson, Jae Ijiyode, Ruth Paradise, Sam Powers, and Ajani Woodson Staff present: Tim Cruikshank, City Manager, Maria Cisneros, City Attorney, and Kirsten Santelices, Human Resources Director Guests present: Joanie Clausen, Council Member, Larry Fonnest, Council Member, Gillian Rosenquist, Council Member, and Irene Fernando, Hennepin County Commissioner District 2; Mayor Shep Harris and Council Member Steve Schmidgall (arrived 5:52 pm) Elected Officials Kick-Off Council Members Clausen, Fonnest, and Rosenquist welcomed the members to the first meeting of the Task Force. Hennepin County Commissioner Fernando also welcomed the members. Introductions Members introduced themselves and shared their reasons for wanting to serve on the Task Force. Presentation from Staff Santelices gave a PowerPoint presentation that outlined the basic framework of the Task Force. Topics included historical understanding and perspective, common language, including defining trust, inclusion, diversity, equity, social justice, bias, and implicit bias. Staff also reviewed the Government Alliance on Race and Equity (GARE) program that the Council and Staff participated in prior to the development and adoption of the Equity Plan. The Equity Plan’s objectives were outlined as well as the specific action items under each objective. The purpose, goals, and ground rules of the Task Force were discussed. The Task Force members were asked to suggest any additional ground rules. A suggestion was offered that the members make an effort to get to know each other and mix up the seating locations each meeting. A YouTube video entitled “Three Beautiful Minutes” was shown. Election of Officers Santelices opened the floor for nominations for the Chair. MEETING MINUTES – Rising TIDES Task Force 2 Cruikshank outlined the roles of the Chair and Vice Chair. Member Allen volunteered to act as Chair. All voted in favor. Member Harris was nominated as Vice Chair. All voted in favor. Review of Proposed Timeline and Introduction to February Topic Santelices reviewed the tentative agenda and introduced the topic for the next meeting, “Communicating Equity with the Community.” She provided the Task Force with specific questions to discuss at the February meeting. Cruikshank requested the Members notify staff if they would like additional information for any of the topics being discussed. Council Member Clausen acknowledged Mayor Harris’ and Council Member Schmidgall’s attendance at the meeting. Both Mayor Harris and Council Member Schmidgall thanked the members for their participation in the Task Force. Adjournment Santelices adjourned the meeting at 5:59 pm. _______________________________ Joelle Allen, Chair ATTEST: _________________________________ Judy Nally, Administrative Assistant 1. CALL TO ORDER and ROLL CALL On Thursday, January 17, 2019 at 8:32 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair de Lambert called the meeting of the Bassett Creek Watershed Management Commission (BCWMC) to order. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Dave Anderson Vacant Position Mark Ray Golden Valley Stacy Harwell Absent Drew Chirpich Medicine Lake Clint Carlson Absent Absent Minneapolis Michael Welch Vacant Position Liz Stout Minnetonka Mike Fruen Absent Chris LaBounty and Sarah Schweiger New Hope Absent Pat Crough Absent Plymouth Absent John Byrnes Ben Scharenbroich Robbinsdale Michael Scanlan Absent Richard McCoy and Marta Roser St. Louis Park Jim de Lambert Absent Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Jim Herbert, and Michelle Kimble, Barr Engineering Recorder Dawn Pape, Lawn Chair Gardener Creative Services Legal Counsel Dave Anderson, Kennedy & Graven Guests/Public None Introduction of Dave Anderson, who is taking over from Troy Gilchrist as Commission Legal Counsel as Mr. Anderson does not represent any member cities. Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, January 17, 2019 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC January 17, 2019 Meeting Minutes Page 2 of 6 2. CITIZEN FORUM ON NON-AGENDA ITEMS No citizens present. 3. APPROVAL OF AGENDA MOTION: Alternate Commissioner Byrnes moved to approve the agenda. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 9-0. 4. CONSENT AGENDA The following items were approved as part of the consent agenda: December 20, 2018 Commission meeting minutes, acceptance of the January 2019 financial report, payment of invoices, approval to resolution 19-01 to transfer funds from CIP account to administrative account, approval of resolution 19-02 to transfer funds from administrative account to channel maintenance fund and long-term maintenance fund, approval of contracts with Lawn Chair Gardener, Keystone Waters LLC, and Wenck Associates, approval for administrator to attend Road Salt Symposium, approval to reimburse Commissioner Scanlan for Road Salt Symposium registration, approval of proposal from MMKR to perform 2018 financial audit. The general and construction account balances reported in the January 2019 Financial Report are as follows: Checking Account Balance $ 458,691.79 TOTAL GENERAL FUND BALANCE $ 458,691.79 TOTAL CASH & INVESTMENTS ON-HAND (01/09/19) $3,751,697.23 CIP Projects Levied – Budget Remaining ($3,959,872.88) Closed Projects Remaining Balance ($208,175.65) 2012-2016 Anticipated Tax Levy Revenue $ 4,038.75 2017 Anticipated Tax Levy Revenue $ 3,219.59 Anticipated Closed Project Balance ($200,917.31) MOTION: Commissioner Welch moved to approve the consent agenda. Alt. Commissioner Byrnes seconded the motion. Upon a vote, the motion carried 9-0. 5. BUSINESS A. Consider Approval of Final Feasibility Study for Bryn Mawr Meadows Water Quality Improvement Project At the October 2018 meeting the Commission reviewed and discussed the draft feasibility study. Since then, staff discussed maintenance of the MnDOT ponds with MnDOT and Minneapolis Park and Rec Board (MPRB) staff. Commission Engineer Chandler introduced Commission Engineer Kimble. Ms. Kimble presented the final feasibility study and described various concepts, pointing out that the concepts have not changed since the study was first presented in October. She noted that three concepts are being considered for treating water quality in conjunction with MPRB reconstruction of the park. She reported the park is located on an old wetland, so infiltration is not possible and that this project would provide treatment above and beyond the stormwater treatment needed for the park reconstruction project. She reported that Concept #1 captures runoff from only a small piece of an adjacent neighborhood; that Concept #2 would capture and treat the first flush of the neighborhood runoff along with some water that comes through MnDOT’s Penn Pond; and that Concept #3 combines the first two concepts. BCWMC January 17, 2019 Meeting Minutes Page 3 of 6 Engineer Kimble noted that Penn Pond is currently not performing well and needs significant maintenance. MnDOT agrees that maintenance is needed and has agreed to perform the maintenance during the park reconstruction project when access is easier. The CIP project modeling assumes that Penn Pond is functioning as designed (i.e., maintenance has been performed). Engineer Kimble noted that an error was discovered in the earlier draft of the study with pollutant load calculations. She reported that estimated pollutant load reductions are much lower than previously reported, resulting in an increase in the cost per pound of removal. The error in the draft study was due to reporting the TOTAL pounds removed for the entire model run over multiple years, rather than the ANNUAL pounds removed. She noted the revised numbers are more in line with what we typically see for water quality projects. Engineer Kimble recommended approving the study and moving forward with Concepts 2 or 3. She noted that Concept 2 is the most cost effective for the pollutant removal and that Concept 3 is worthy of consideration because it’s the only way to treat that runoff from that neighborhood. Commissioner Welch noted that even though this is a simple concept, there are a lot of “moving parts.” He mentioned that he was nervous about relying on MnDOT to maintain Penn Pond and relying on MPRB to actually reconstruct the park. Engineer Chandler noted that the costs were based on the sediment being contaminated and that actual costs could be lower if the soils aren’t contaminated, but that won’t be known until the final design phase. Administrator Jester noted that there may be grant funds available to deal with contaminated soils. Engineer Kimble reported that MnDOT staff verbally agreed to clean out Penn Pond during park reconstruction but that there isn’t a commitment in writing. MPRB staff agreed it makes sense to allow access to the pond through the park during park reconstruction. It was noted that although stormwater management ponds aren’t installed as often as they once were, there are no other cost effective options for treatment in this area due to poor soils and high groundwater. Commissioner Welch wondered if the Commission would be criticized for installing a stormwater pond in a widely- used park for recreation. Administrator Jester said there’s no indication that there is any backlash about the design from MPRB or the public or that MnDOT won’t fulfill their obligations to maintain the pond. She noted an agreement with the City of Minneapolis to implement the CIP could be contingent on MPRB actually beginning design and MnDOT signing the agreement to actually maintain the pond. Liz Stout, Minneapolis TAC, point out that this project presents a unique opportunity to treat the stormwater from this established neighborhood. Ms. Stout also said that she and the City of Minneapolis can help communicate and negotiate with MPRB and MnDOT. Commissioner Carlson ask for confirmation that this project would not be impacted by possible redevelopment in the Bassett Creek Valley area. Engineer Kimble assured that it would not be impacted. MOTION: Commissioner Welch moved to approve the Final Feasibility Study for Bryn Mawr Meadows Water Quality Improvement Project, to move forward with Concept 3, to engage MnDOT in signing an agreement to maintain Penn Pond, and talk with Hennepin County about soil investigation funds. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 9-0. After the vote it was noted that education and aesthetics related to this project are important. BCWMC January 17, 2019 Meeting Minutes Page 4 of 6 B. Review Information and Consider Recommendations for Flood Control Project Deep Tunnel Inspection and Potential Tour At the meeting in June 2018, commissioners expressed interest in a tour for commissioners and TAC members of the deep tunnel during the routine inspection originally slated for last fall. Commission Engineer Chandler introduced Commission Engineer Herbert. Engineer Herbert reported that he was coordinating with the U.S. Army Corps of Engineers to schedule the deep tunnel inspection during early November 2018. However, the water control plan was not approved and the inspection was cancelled. Based on further coordination with the Corps, Engineer Herbert scheduled the Bassett Creek deep tunnel inspection for the week of February 25, 2019 to minimize navigation impacts and minimize disruptions to Xcel Energy’s operation of the St. Anthony Falls hydropower dam. Engineer Herbert explained that this inspection is a significant undertaking because the creek discharges below the water level of the Mississippi River, it is regulated by the Army Corps of Engineers, and there are many property owners along the River’s middle pool. He noted there has been a significant amount of coordination with the Army Corps of Engineers and that a barge may need to be moved, so there are more details to be worked out. Engineer Herbert stated that the inspection is for observation only, not cleaning of sediment or other repairs. Engineer Herbert walked through the recommendations that are outlined in the memo: 1. Authorize the Administrator to allocate up to $15,000 from the Flood Control Project Long-Term Maintenance fund to address potential “last-minute” items that may require hiring a contractor or addressing other unforeseen issues that cannot be addressed by the U.S. Army Corps of Engineers or the City of Minneapolis. 2. Gather input regarding participation and an approximate head count of the Commissioners/TAC members that may be interested in a tunnel tour. 3. If there is enough interest in the tour(s), authorize up to $5,000 from the 2019 Surveys and Studies Fund to pay for the planning, coordination, expenses and other costs associated with holding the tour(s). 4. Request assistance from member cities in providing safety equipment for their commissioners/TAC members participating in the tour. Commissioner Harwell said she thinks $5,000 for an adventure to see the tunnel is not wise use of Commission funds. She suggested the tour be videoed and shared with the Commission. Commissioners Fruen and Scanlan agreed. Engineer Herbert noted that a different watershed district did something similar and the participants enjoyed the tour and found it very educational. Commissioner Harwell maintained there are other ways to see flood control projects that don’t pose safety threats. There was some discussion about the cost of the tunnel inspection without the tour, which is estimated at $36,000. Minneapolis TAC member Liz Stout that the city may fund a tour of the tunnel for city staff and a few elected officials. She noted it’s critical to learn about this critical infrastructure and to educate state legislators, and other politicians. MOTION: Commissioner Welch moved to proceed with the inspection without a tour for commissioners and to follow-up with a video for the Commission. Commissioner Harwell seconded the motion. Upon a vote, the motion carried 6-3. [Cities of Medicine Lake, Minneapolis, St. Louis Park voted against the motion.] MOTION: Commissioner Welch moved to approve the use of contingency funds from the Flood Control Project Long-Term Maintenance, up to $15,000 for the tunnel inspection. Alternate Commissioner John Byrnes seconded. Upon a vote, the motion carried 9-0. BCWMC January 17, 2019 Meeting Minutes Page 5 of 6 C. Receive Update on Minnesota Association of Watershed Districts (MAWD) and Metro MAWD Administrator Jester provided more information on meetings and opportunities for the Commission’s involvement in MAWD and Metro MAWD. The following items are updates and recommendations. The next MAWD event is a legislative reception (afternoon/evening of Feb 20th), and Day at the Capitol (breakfast and all-day Feb 21st). Cost is $100/participant (increases to $125 after Feb 13th). These are costs that can be reimbursed. Commissioners Scanlan and Harwell expressed interest in attending. There was some discussion about Commissioners actively lobbying on behalf of the Commission, which would be a new activity that has been avoided in the past. MOTION: Commissioner Welch moved to reimburse commissioners for the cost of registration to attend the MAWD Day at the Capitol events provided commissioners do not speak on behalf of BCWMC. Commissioner Fruen seconded the motion. Upon a vote, the motion carried 9-0. Administrator Jester continued with MAWD updates, noting that MAWD appoints four watershed administrators to represent MAWD on the State’s Local Government Water Roundtable’s Workgroup (which is similar to an advisory committee). The MAWD Board of Directors is inviting the BCWMC Administrator to hold one of those positions in 2019. This would entail attending three to four meetings during the year, typically held in or near St Cloud. Administrator Jester noted this workgroup has been an influential group in the past, having been tasked with developing white papers to inform state policy on watershed planning, management, and funding. MOTION: Commissioner Welch moved to approve Administrator Jester’s participation in the State’s Local Government Water Roundtable’s Workgroup. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 9-0. Administrator Jester explained that BCWMC Commissioners will be added to the Metro MAWD email list and can expect emails from its coordinator Mark Doneux. She noted the next Metro MAWD meeting is scheduled for Tuesday, January 29th at 7:00 p.m. in St. Paul. The meeting is geared for watershed managers and commissioners. Administrator Jester reported she plans to attend the meeting to learn more about the group. Administrator Jester also reported that an invoice for 2019 MAWD member dues of $500 will be on the February BCWMC agenda. She noted dues for 2020 are still unknown but are likely to be around $5,000. 6. COMMUNICATIONS A.Administrator’s Report Administrator Jester asked commissioners to complete the conflict of interest forms for the financial auditor and she reported that she recently submitted an application for a Hennepin County AIS Prevention grant totaling $13,104. B.Chair Chair de Lambert noted that at next month’s meeting the commission will elect officers and make committee appointments. He reported he is planning to step down from the position of Chair. Commissioner Welch urged him to remain in the position. Commissioner Carlson complimented Chair de Lambert on being impartial among other positive traits. C.Commissioners Commissioner Welch informed the Commission that the proposed legislation to limit liability for salt use is gaining traction at the Legislature. BCWMC January 17, 2019 Meeting Minutes Page 6 of 6 D.TAC Members i. Mr. Scharenbroich stated that Vanessa Strong has been hired as the new Water Resources Manager in Plymouth. ii. The TAC meeting is scheduled for Feb. 4 th iii. Ms. Roser said the City of Edina put out a YouTube PSA about salt use with the theme that “more isn’t better.” She encouraged the Commission to watch it. E.Committees i. CIP Prioritization Committee met on Jan. 9 th. Commissioner Welch will represent the committee at the TAC meeting. ii. Dawn Pape noted that she created a website for local units of government to post salt-related education in one place so it is easier for the public to find. Salt education information is currently scattered around many different city, watershed, state government websites. F.Legal Counsel Nothing to report. G.Engineer Commission Engineer Chandler announced that Barr Engineering is hosting an information meeting on AIS at a forum on Feb. 6 from 2-4 p.m. 7. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet D. BCWMC Column in Sun Sailor E. Harrison Neighborhood Project 2018 Year End Update F. WCA Notices of Decision (2), Plymouth G. WCA Notice of Application, Plymouth Upcoming Meetings & Events ͻDĞƚƌŽDt;DŝŶŶĞƐŽƚĂƐƐŽĐŝĂƚŝŽŶŽĨtĂƚĞƌƐŚĞĚŝƐƚƌŝĐƚƐͿDĞĞƚŝŶŐ͗dƵĞƐĚĂǇ:ĂŶƵĂƌǇϮϵƚŚ͕ϳ͗ϬϬƉ͘ŵ͕͘ Capitol Region Watershed District ͻϭϴƚŚŶŶƵĂůZŽĂĚ^Ăůƚ^ǇŵƉŽƐŝƵŵ͗dŚƵƌƐĚĂǇ&ĞďƌƵĂƌǇϳƚŚ͕ϴ͗ϯϬĂ͘ŵ͘– 2:45 p.m., Plymouth Creek Center ͻDt>ĞŐŝƐůĂƚŝǀĞZĞĐĞƉƚŝŽŶĂŶĚĂǇĂƚƚŚĞĂƉŝƚŽů͗tĞĚŶĞƐĚĂǇ&ĞďƌƵĂƌǇϮϬƚŚĂŶĚdŚƵƌƐĚĂǇ&ĞďƌƵĂƌǇϮϭƐƚ͕ St. Paul ͻĂƐƐĞƚƚƌĞĞŬtĂƚĞƌƐŚĞĚ Management Commission Meeting: Thursday February 21st, 8:30 a.m., Golden Valley City Hall 8. ADJOURNMENT The meeting adjourned at 10:18 a.m. ________________________________________ Signature/Title Date ________________________________________ Signature/Title Date JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of January 2, 2019 The Golden Valley — Crystal — New Hope Joint Water Commission (JWC) meeting was called to order at 1:30 pm in the City of Golden Valley Council Chambers. Commissioners Present Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Tim Cruikshank, City Manager, Golden Valley Staff Present Joe Hansen, Utilities Supervisor, Golden Valley R.J. Kakach, Engineer, Golden Valley Randy Kloepper, Utilities Superintendent, Crystal Dave Lemke, Operations Manager, New Hope Jim Muellner, Utilities Maintenance Supervisor, New Hope Marc Nevinski, Physical Development Director, Golden Valley Mark Ray, Director of Public Works/City Engineer, Crystal Tim Kieffer, Public Works Maintenance Supervisor, Golden Valley Sue Virnig, Finance Director, Golden Valley Bernie Weber, Public Works Director, New Hope Approval of Revised Minutes — November 7 2018 Moved by McDonald seconded by Cruikshank to approve the revised minutes of the November 7, 2018 Joint Water Commission Meeting. Motion carried. Approve Resolution #19-01 Designating Depositories for Joint Water fund Commissioner McDonald introduced the following resolution and moved its adoption: RESOLUTION 19-01 RESOLUTION DESIGNATING DEPOSITORIES FOR JOINT WATER FUNDS The motion for the adoption of the foregoing resolution was seconded by Commissioner Cruikshank and upon a vote being taken thereon, the following voted in favor thereof: Norris, McDonald, and Cruikshank; and the following voted against the same; none; whereupon said resolution was declared duly passed and adopted; signed by the Chair and their signature attested by the Vice Chair. Approve Resolution #19-02 Making Annual Elections for the 2019-2020 Insurance Policy Commission Cruikshank introduced the following resolution and moved its adoption: RESOLUTION 19-02 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2019-2020 INSURANCE POLICY The motion for the adoption of the foregoing resolution was seconded by Commissioner McDonald and upon a vote being taken thereon, the following voted in favor thereof: Norris, McDonald, and Cruikshank; and the following voted against the same; none; whereupon said resolution was declared duly passed and adopted; signed by the Chair and their signature attested by the Vice Chair. Joint Water Commission January 9, 2019 Page 2 of 2 Approve Contract with MMRK Certified Public Accountants to perform December 31, 2018 Audit Staff stated MMRK consistently provides good rates and reported a 2% increase or $200 on the contract amount which is exactly what was budgeted. This is the same increase as in 2017. Staff stated that the rate remains low due to bundling of services and that there will be a Request for Proposal in two years. Moved by McDonald seconded by Cruikshank to approve the contract with MMRK Certified Public Accountants to perform the December 31, 2018 audit. Motion carried North Tower Proiect for New Hope Update Staff reported Rachel Contracting work is complete and still $3,000 under the contract amount. No action is required at this time. TAC Update No December TAC Meeting Staff reported they will be meeting this month to review the 2019 CIP projects specifically to prioritize the projects. Other Business Next Scheduled Meeting February 6, 2019 Commissioner McDonald will not be attending Adiournment Moved by Cruikshank seconded by McDonald to adjourn meeting. Motion carried. Chair Norris adjourned the meeting at 1:30 pm. Ch Anne Norris ATTEST: Sue Schwalbe, Recording Secretary Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. E. 1. Approve Purchase of 2019 Crew Cab Pickup Truck Prepared By Tim Kieffer, Public Works Maintenance Manager Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary The 2019 Vehicle and Equipment Capital Improvement Program (CIP) includes $35,000 for the purchase of a pickup truck (V&E-141). The existing pickup truck, unit 475, meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 23 to 27 points meets the category of “qualifies for replacement”. The 2009 pickup due for replacement scored 28 points. The Minnesota Materials Management Division has awarded the following contract: Contract No. Item Vendor Amount 135738 2019 Ford F-150 Crew Cab Pickup Truck Midway Ford $34,947.92 Total Purchase Price Less Tax, Title, and License $34,947.92 Attachments • Midway Ford Quote (1 page) Recommended Action Motion to approve purchase of 2019 Ford F-150 Crew Cab Pickup truck from Midway Ford in the amount of $34,947.92. Midway Ford Commercial Travis Swanson Fleet and Government Sales 651-343-5212 2777 N. Snelling Ave. tswanson@rosevillemidwayford.com Roseville MN 55113 Fax # 651-604-2936 Contract # 135738 Standard Automatic Transmission 40/20/40 Vinyl Seat 3.3L V6 Air Conditioning Dual Front Air Bags Rubber Floor Covering AM/FM Radio 4-Wheel ABS Brakes Bumpers w/Rear Step Matching Full Size Spare Tire Tilt Wheel Options Code Price Select 101A Package 101A $2,075 x (Power Windows, Locks, Cruise, Sync Bluetooth) 5.0L V8 995 $1,836 x Trailer Tow 53B $88 x Exterior Colors Code Select Skid Plates 413 $148 x Blue Jeans Metallic N1 Running Boards 18B $231 x Race Red PQ Tailgate Step 63T $345 x Caribou Metallic LQ Heated Mirrors 54R $280 x Shadow Black G1 LED Mirror Spot Lights 59S $161 x Magnetic Metallic J7 110V Outlet 91V $184 x Ingot Silver Metallic UX Privacy Glass 924 $92 x Oxford White YZ x Rear Defrost 57Q $203 x Reverse Sensing 76R $253 x Mud Flaps $200 x Extended Service Contracts Cost Select Spray-In Bedliner $548 x 7 year/75,000 mile $2,570 x Backrack $650 x PremiumCare Warranty Seat Covers Front/Rear $700 x (Bumper to Bumper) WeatherTechs Front/Rear $220 x Option Total $8,214 You must have a active FIN code to participate in this Base Price Totals purchase contract : FIN code # $24,143.92 Purchase Order required prior to order placement Options Price Totals $8,214.00 Extended Warranty $2,570.00 PO # Transit Impr Excise Tax $20.00 Tax Exempt Lic 6.5% Sales Tax Name of Organization Document fee Sub total per vehicle $34,947.92 Number of Vehicles 1 Address Grand Total for all units $34,947.92 City, State, Zip Acceptance Signature Contact Person/ Phone # Print Name and Title Date Contact's e-mail address and fax # 2019 F-150 4X4- Crew Cab- 5.5' Box Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. F. Award Contracts for 2019 Pavement Management Program and Meadowbrook School Turn Lane Improvements Project a. Construction Contract b. Construction Engineering Services – PMP Only Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary Award Construction Contract Bids for the 2019 Pavement Management Program (PMP) City Improvement Project 19-01 were opened on March 7, 2019. The PMP project also includes adding turn lanes on eastbound Glenwood Avenue and northbound Turners Crossroad into Meadowbrook School. Two bids were received, the base bids, and alternates A and B are listed below: Contractor Base Bid Alt Bid A Alt Bid B GMH Asphalt Corporation $4,837,173.15 $36,198.80 $300,543.10 Northdale Construction $5,276,204.69 $36,539.80 $341,100.10 Low Bid Total: GMH Asphalt Corporation $5,137,716.25 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the base bid and Alternate Bid B: Sanitary Sewer Wye Liners for a total amount of $5,137,716.25. Construction Observation and Engineering Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated March 6, 2019, for construction staking, and engineering services for the 2019 PMP. The construction staking includes all survey work during construction, record drawing survey, and drawing preparation following construction. Construction observation for this project will be performed by both City and SEH staff. The proposal includes a not-to-exceed amount of $263,500 that will be financed from the street reconstruction portion of the project. Design services for the PMP were also provided by SEH with a contract total not to exceed $408,100, which were approved at the January 2, 2018 City Council meeting. The design service contract is also financed from the street reconstruction portion of the project. Design and construction services for the Meadowbrook School Turn Lane Project were approved at the September 20, 2018, City Council meeting with a not to exceed amount of $90,000. Financing The financing for this contract is summarized as follows: • The bid for street reconstruction totals $2,727,072.21 and is within the $3,870,000 included in the Street 2019 CIP (S-001) for the project. • The total bid for sanitary sewer and watermain improvements is $1,380,114.79, which includes Alternate Bid B: Sanitary Sewer Wye Liners and is within the $1,400,000 included in the Water and Sanitary Sewer Utility 2019 CIP (W&SS-001) for this project. • The total bid for storm sewer improvements is $546,651.27 and is within the $850,000 included in the Storm Sewer 2019 CIP (SS-001) for this project. • The total bid for park improvements is $107,697.72. This is not within the $90,000 included in the Park Improvements CIP (P-002) for this project, however, the $17,697.72 shortfall will be funded from the Storm Sewer 2019 CIP (SS-001). • The total bid for the Meadowbrook School Turn Lane Improvements Project is $376,180.26 and is within the $586,461.29 deposit provided by the School District It is expected that construction will begin as weather permits in April 2019 and be completed in the fall. Attachments • Location map (1 page) • Contract with GMH Asphalt, Corporation (5 pages) • Professional Services Agreement dated March 6, 2019 (3 pages) Recommended Actions Motion authorizing a contract with GMH Asphalt Corporation, in the amount of $5,137,716.25 for the base bid plus alternate bid B for the construction of the 2019 PMP ($4,761,535.99) and Meadowbrook School Turn Lane Improvements ($376,180.26), City Improvement Project No. 19-01. Motion to authorize entering into a contract with SEH, Inc. for observation, construction staking, and engineering services on the 2019 PMP, not to exceed $263,500. !!!!!!!!!!!!!!!BroggerCir ZealandAve N Gettysburg Ave NFlag Ave NElgin PlDecaturAveN -Unimproved-AquilaAveNWinnetkaHeightsDr ZealandAveNA q uilaAveNRose ManorDuluthSt CavellAveNEnsignAveNEl g in Pl 2 3 r d Ave N Medle y L n (Medley Rd) (Medley C ir)(K ings V al leyRdE)(Mar qui sRd) County Rd 7 0 Med le yPark I 0 300 600150Feet 2019 PMP Print Date: 12/12/2017Sources:-Hennepin County Surveyors Office for Property Lines (2016) & Aerial Photography (2012).-City of Golden Valley for all other layers. 2019 1.56 miles local FC-1 PROJECT NO. 19-01 CONTRACT FOR THE 2019 PAVEMENT MANAGEMENT PROJECT NO. 19-01 THIS AGREEMENT (the “Agreement”), entered into the ____ day of March, 2019 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and GMH Asphalt Corporation, a Corporation, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. ARTI CLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2019 Pavement Management Program (19-01) (the “Project”) according to the Plans and Specifications and all of the Contract Documents (the “Work”). Contractor shall commence and conclude the W ork in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the W ork in every respect to the satisfaction and approval of the City. ARTICLE 3. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $5,137,716.25 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 4. The City’s Responsibilities. In consideration of the covenants and agreements stated above, the City shall pay Contractor the sum stated in Contractor’s proposal or Bid (the “Contract Price”). Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after receipt of a Certificate of Final Completion issued by the City Engineer confirming that the W ork has been fully completed and the Contract fully performed by Contractor. FC-2 CONTRACT NO. 19-01 ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability, and no payment shall be made to Contractor hereunder until the Work shall have been accepted by the City and a certificate of final completion shall have been issued. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of GMH Asphalt Corporation, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the W ork within a reasonable time. In the event that any work is terminated under the provisions hereof, all completed items or units of work will be paid for at Contract Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedure on the attached Exhibit A and as otherwise mutually agreed. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the W ork. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. FC-3 CONTRACT NO. 18-01 THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR BY ITS BY ITS FC-4 EXHIBIT A Elimination of Work Should any Contract items be eliminated from the Contract or any work be deleted or should the City order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: (1) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. (2) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out below for Surplus Material. (3) For partially completed items, accepted W ork shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. (4) Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the W ork. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. Payment for Surplus Material Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with the following provisions, unless Contractor or one of Contractor’s suppliers elects to take possession of the surplus material without expense to the City: (1) Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. FC-5 (2) When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. (3) Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. No payment shall be made for surplus materials that have not been inspected, tested, and accepted for use, nor will any payment be made for accepted materials that have not been properly preserved, stored, and maintained to the date on which they are delivered to the City. Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax March 6, 2019 RE: City of Golden Valley, Minnesota 2019 PMP Construction Services SEH No. 145000 14.00 City No. 19-01 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Jeff: Thank you for the opportunity to assist the City of Golden Valley in providing professional engineering services for the reconstruction of streets in the 2019 Pavement Management Program (PMP). SEH has recently completed final design services and the City is requesting a scope of work that provides construction services. This letter serves as the supplemental Letter Agreement in accordance with the Agreement for Professional Services between the City of Golden Valley and SEH. BACKGROUND The City of Golden Valley proposes to rehabilitate approximately 1.51 miles of streets in the Medley Park neighborhood located in the northwest part of the City. The project is bounded by Medley Hills Park on the West, Brogger Circle and Cavell Avenue North on the East, Elgin Place on the South, and Medicine Lake Road on the North. The following streets are included in the project: • Ensign Avenue North, 23rd Avenue North to Medicine Lake Road • Decatur Avenue North, Elgin Place to Medicine Lake Road • Cavell Avenue North, Elgin Place to Medicine Lake Road • Brogger Circle, Cul-de-sac to Medicine Lake Road • Elgin Place, Ensign Avenue North to Cavell Avenue North • 23rd Avenue North, Cul-de-sac to Cavell Avenue North • Medley Lane, Cul-de-sac to Cavell Avenue North • Medley Hills Park, Parking Lot The proposed 2019 improvements include the construction of storm sewer pipe, drainage structures, sanitary sewer repairs, water main replacement, the parking lot at Medley Hills Park and street reconstruction including concrete curb and gutter. Construction services for the 2019 PMP include: construction staking, providing a Resident Project Representative (RPR), staff RPR, and limited construction observation as described below. The City will be providing overall construction administration on this project. Mr. Jeff Oliver – 2019 PMP Construction Services March 6, 2019 Page 2 SCOPE OF WORK Construction Staking SEH will provide a survey crew to provide the construction staking of the proposed improvements for the neighborhood streets included in the 2019 program. Staking tasks for this project will include placement of horizontal control, vertical control, utility staking for private utilities, water main stakes, storm sewer stakes, curb and gutter stakes, blue tops after curb is in place, ADA ramp stakes and expenses. All survey coordination for construction staking and observation will be between the survey crew chief and the City. Resident Project Representative (RPR) The on-site representative for Resident Project Representative (RPR) is the Engineer’s agent at the site and will act as directed by and under supervision of the Engineer. The RPR shall serve as the liaison with the contractor, working principally through the contractor’s superintendent. They will assist in helping the contractor understand the intent of the Contract Documents. The field personnel will review the progress schedule, shop drawings, and required submittals, Schedule of Materials Control and consult with the Engineer concerning acceptability. The RPR will be responsible for maintaining job site files, for correspondence, meeting reports, field orders, and supplemental agreements. They will keep a daily diary or log book. Records pertaining to quantities and applications for payment will be the responsibility of the RPR. The RPR will also keep information pertaining to record plans and will schedule the survey crew based on the staking requests from the contractor’s representative. Observation SEH will provide observation services including attendance of the pre-construction meeting and shop drawing review on drainage structures for the project area. A budget has been included for minor technical support if needed for geotechnical issues or other specialty items that may arise. Time has also been built in to assist with project closeout activities. Record Plans The City will complete the record drawings. PROJECT TEAM Scott Haupt will be available to answer design related questions and provide coordination as required between City staff and the surveying and will provide project management of our contract with the City. He will also be available to review design issues in the field and will attend the weekly project construction meetings as necessary. Brian Gohl will serve as Resident Project Representative (RPR) and will assist the City with field representation. He will be assigned a staff engineer that will assist him with the day to day duties. Nick Domiano will be the lead Survey Crew Chief assigned. Hector Flores will be available to provide geotechnical field support as may be required with the subgrade correction work. SCHEDULE We anticipate construction starting in April and ending in October 2019, however the actual schedule will depend on the Contractor and weather. There are multiple construction projects being undertaken in the City of Golden Valley this summer and we expect Brian and his assistant to spread their time amongst many of them in conjunction with City staff. COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage, car allowance, and equipment. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated the construction services described above to cost a total of $263,500. Mr. Jeff Oliver – 2019 PMP Construction Services March 6, 2019 Page 3 The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. The person/hour task budgets for each phase of the work are attached. This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff, and the community on this project. Thank you for the opportunity to continue to work with the City of Golden Valley. Respectively submitted, SHORT ELLIOTT HENDRICKSON INC. Susan M. Mason, PE Scott Haupt, PE Principal Project Manager smm Enclosures Approved this __________ day of _____________________, 2019 City of Golden Valley, Minnesota By: Title: Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. G. Modifying 2019 General Wages and Salary for Certain Positions and 2019 Budget Amendment Prepared By Sue Virnig, Finance Director Summary Since the approval of the 2019 Budget on December 4, 2018, certain positions have changed due to workload or retirements and resignations. The following departments are requesting wage and salary changes to certain employees effective April 1, 2019 and the budget impact for the remainder of the calendar year 2019: Fire Department: The position of Battalion Chief was reevaluated with the institution of scheduled duty crews. Due to the additional responsibilities, this position should be at the level provided on the attached resolution. The additional 2019 budget impact for salaries and benefits is $3,580. Due to the resignation of the part time Office Clerk, this position was reevaluated and will be hired as a part time Administrative Assistant. The wage for Administrative Assistant has been approved with the 2019 General Fund Budget. The additional 2019 budget impact for wages and benefits is $1,860. Public Works Maintenance Due to an upcoming retirement and resignation of two leads in the Utility Department, the current positions were reevaluated. The position of Lead will be reduced to one instead of two and will create two new positions as Utilities Specialist and Meter Specialist. No additional staff will be added in this department. With the new positions, the workload of this department will be better served. The additional 2019 budget impact for wages and benefits is $1,795. We will not make a budget adjustment at this time for the Water and Sewer Utility Fund. The Lead position is also in the Park and Street Maintenance Department. Each department has one position that will receive the wage on the resolution. The additional 2019 budget impact for wages and benefits is $4,000 for Parks and $4,000 for Streets. Attachment • Resolution Modifying 2019 General Wages and Salary for Certain Positions (1 page) • Resolution Amending the 2019 General Fund Budget for Certain Positions (1 page) Recommended Action Motion to adopt Resolution Modifying 2019 General Wages and Salary for Certain Positions. Motion to adopt Resolution Amending the 2019 General Fund Budget for Certain Positions. RESOLUTION NO. 19-22 RESOLUTION RECLASSIFYING CERTAIN POSITIONS: BATTALION CHIEF, CREW LEAD AND MAINTENANCE SPECIALISTS BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopted non-union personnel wages and salary increase with the approval of the 2019 General Fund Budget on December 4, 2018. The following certain positions wages and salaries will be herein effective as of April 1, 2019. PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Battalion Chief $ 71,995 $ 75,423 $ 78,851 $ 82,280 $ 85,708 NON-EXEMPT Step 1 Step 2 Crew Leader-Maintenance $ 34.39 $ 36.31 Utilities Specialist $ 32.47 $ 34.69 Meter Specialist $ 32.47 $ 34.39 Adopted by the City Council of Golden Valley, Minnesota this 19th day of March, 2019. _____________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk RESOLUTION NO. 19-23 RESOLUTION AMENDING THE 2019 GENERAL FUND BUDGET FOR CERTAIN POSITION CHANGES WHEREAS, in 2018, the 2019 Budget was adopted on December 4, 2018, and WHEREAS, in 2019, the need for Certain Positions for the Fire Department: Battalion Chief, Administrative Assistant and Public Works: Meter Specialist, Utilities Specialist and Crew Lead Position were adjusted in salaries and wages, and WHEREAS, this amendment allocates Fund Balance to those expenditures for each area outlined below, and WHEREAS, the Water and Sewer Utility Fund is an Enterprise Fund and will be evaluated when the 2020 Budget process begins, and BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2019 Amended General Fund Budget are hereby given final approval. DIVISION DESCRIPTION AMOUNT Expenses 023 Fire Department (1346.6110) $5,440 037 Street Maintenance (1440.6110) 4,000 067 Park Maintenance (1620.6110) 4,000 Fund Balance $13,440 Adopted by the City Council of Golden Valley, Minnesota this 19th day of March, 2019. _____________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. H. Authorize Contract for Curbside Textile Recycling Program Prepared By Marc Nevinski, Physical Development Director Drew Chirpich, Environmental Specialist Summary City staff and the Environmental Commission have reviewed the contract proposal from WasteZero, a curbside textile recycling program. WasteZero mails bags and promotional postcards to residents which can be filled with used clothing and other unwanted home goods and then placed near their recycling carts. WasteZero then sends out a transit van to retrieve the bags on the same day as resident’s recycling pickup. New bags are redistributed upon pickup or upon request by residents. Residents may still drop off home goods items at thrift stores to receive tax deductions and are not obligated to participate in the program. The City receives compensation of $20 per ton of gathered materials. WasteZero provides a customer service hotline, so that City staff coordination should be minimal. Approximately 30% of the collected material is distributed to thrift stores, 30% is appropriate for overseas markets, and the remainder is shredded to provide material for insulation and industrial wipers. Attachments • Agreement for curbside textile recycling with WasteZero (10 pages) Recommended Action Motion to authorize an agreement for the curbside textile recycling contract with WasteZero. AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES This Agreement for the Collection of Soft Recyclables ("Agreement") is made and entered into this_ day of , 20 , (the "Date of Execution") by and between the City of Golden Valley, a municipal corporation with an address at 7800 Golden Valley Road, Golden Valley, MN 55427Golden Valley, (the "City"), and Great Lakes Recycling, Inc. d/b/a Simple Recycling, an Ohio corporation with a business address at 5425 Naiman Parkway, Solon, OH 44139 ("Contractor"). WITNESSETH: WHEREAS, Contractor is skilled and experienced in the collection and efficient recycling and disposition of Soft Recyclables; and WHEREAS, the City desires to limit and restrict the quantity of Soft Recyclables which are deposited in the landfill; and WHEREAS, the City has selected Contractor to collect, identify, haul, recycle and dispose of Soft Recyclables in Service Area, as those terms are defined below; and WHEREAS, Contractor can provide such services and is in the business of and has the expertise, experience, resources and capability to perform the collecting, identifying, packaging, hauling, recycling and/or disposing of Soft Recyclables. Now, THEREFORE, in consideration of the material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by Contractor and the City (individually called "Party" and collectively called the "Parties"), the Parties hereby agree as follows: 1. Definitions. a. Commercial Customer: The term "Commercial Customer" means non-residential customers, including businesses, public or private schools, institutions, governmental agencies and all other users of commercial Garbage collection services. b. Container: The term "Container" means a bag supplied by Contractor for use by the Residential Customer to set out Soft Recyclables. C. Curb or Curbside: The words "Curb" or "Curbside" any place on a Residential Customer's property that is within 7 feet of the public street or private road and does not block any sidewalks, driveways, or on -street parking. If circumstances are such that placement of Soft Recyclables within the aforementioned parameters is impossible, Curb or Curbside shall be considered any placement suitable to the Residential Customer, convenient to. Contractor's equipment, and mutually agreed to by the City and Contractor. d. Excluded Items: The term "Excluded Items" means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, electronic waste considered to be "covered electronic devices" under M.S. I I5A.1310 (computers, peripherals, facsimile machines, DVD players, video cassette recorders, and video display devices), etc. and any item heavier than fifty (50) pounds. e. Garbage: The term "Garbage" means all putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes and debris, dead animals, piles of debris, car parts, stumps, and any item that would be considered Hazardous Waste. f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 4 0 C X R. Part 2 61 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Minnesota statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law. g. Holiday: The term "Holiday" means the following days: New Year's Day, Memorial Day, Independence Day, Labor Day,. Thanksgiving Day and Christmas Day, unless otherwise specified by Golden Valley recycling holiday schedule. h. Residential Customer: The term "Residential Customer" means an individual or individuals residing in a single-family home or multi -unit residence up to 8-plex that is rented, leased or owned. i. Service Area: The term "Service Area" means the municipal corporate limits of Golden Valley. j. Soft Recyclable: The term "Soft Recyclable" means items of an individual weight less than fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily men's, women's and children's clothing as well as items such as jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps, sleeping bags, small furniture, small appliances, irons, radios and audio equipment, cameras, lamps, hairdryers, tools, toasters, coffee makers, silverware, dishes, pots and pans, glasses and the like. The definition of Soft Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement upon 60 days written notice to the City. 2. Term. This Agreement shall begin on (the "Effective Date") and continue for an initial term of three (3) years from the Effective Date (the "Initial Term"). At the end of the Initial Term, Contractor and The City may renew for additional one (1) year terms upon mutual agreement (each such term an "Extension Term" and collectively, the 2 "Term"). Unless either Party provides written notice to the other Party at least 60 days prior to the end of the Initial Term or any Extension Term, the Term shall automatically renew for an additional 1 year period. 3. During the Term, Contractor shall have the sole and exclusive right to pick up Soft Recyclables in the Service Area through municipal contracted pick up. Contractor's Program Commencement. During the Term, Contractor agrees to begin providing program services immediately following the execution of this document. The Date of Commencement will be no later than twelve (12) months from the Effective Date of this Agreement. On the Date of Commencement, Contractor agrees to furnish all labor, equipment, tools, and services required and necessary for the collection and disposal of Soft Recyclables within the geographic boundaries of the City of Golden Valley and provide qualified supervisory personnel to direct the activities of Contractor under this Agreement. 4. Collection Vehicles. All collection vehicles used in performance of the Agreement shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota statutes. Contractor shall obtain all pertinent licenses from the City, County and State. In addition, all vehicles must be: a) Clean and maintained in proper working order b) Clearly identified on both sides with Contractor's name and customer service telephone c) Equipped with a two-way communications device, first aid kit, appropriate equipment for cleaning up spills and/or leaks, and all safety equipment required by the Federal, State of Minnesota, and local governing bodies, including federal and state Departments of Transportation 5. Collection Procedures. During the Term and after the Date of Commencement, Contractor shall collect all acceptable Soft Recyclables set -out for recycling and collection by Residential Customers in. approved Containers. The decision of what is an "acceptable" Soft Recyclable shall be made in the sole reasonable discretion of Contractor but in accordance with this paragraph and the definition of Soft Recyclables herein. In no event shall Contractor be required to accept any Excluded Items. In no event shall Contractor provide service to Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not placed in compliance with paragraph 8 herein. Contractor agrees to operate collection vehicles in such a manner to prevent materials from being blown from or falling out of the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall promptly make all other reasonably necessary arrangements for the immediate clean- up of spilled Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to the City. 6. Collection Events. Contractor shall provide services for collection of Soft Recyclables at annual spring and fall Citywide Clean-up events on dates specified by the City. Contractor will provide a collection container or vehicle and personnel to run the collection of Soft Recyclables at said events. 7. Ownership. Soft Recyclables set out for collection on the regularly scheduled collection day remain the responsibility and property of the Residential Customer until handled by Contractor at which point they become the responsibility and property of Contractor. 8. Set Out Procedures. Residential Customers shall place Soft Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of- way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not set out in accordance with this paragraph. 9. Contamination and Improper Set Out. If Contractor encounters any improperly packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. Contractor must place a tag on all contaminants not collected, collect the acceptable items, and leave contaminants at Curbside or in the Container. 10. Collection Schedule. Contractor shall divide the Service Area into collection areas to coincide with collection dates and geographic area, between the hours of 7 a.m., and 6 p.m., Monday through Saturday. Collections shall be made from Residential Customers on a regular schedule in accordance with the City's existing recycling pickup schedule. If Contractor wishes to alter the frequency of the scheduled pickups, Contractor shall submit a written request to the City specifying the proposed new schedule and the City may approve or deny the request in its sole discretion.. Contractor shall not be required to perform any service under this Agreement on Holidays. Following all Holidays, each Residential Customer shall receive collection service on the day following its normally scheduled collection with the week's work to be finished by Saturday. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion makes the pick-up of the Soft Recyclables from a Residential Customer impracticable under the circumstances. 11. Inventory of Containers. During the term of this Agreement, Contractor shall purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution to Residential Customers. Prior to commencement of service under this Agreement, Contractor shall provide new Containers to each Residential Customer. Containers shall initially be delivered to Residential Customers with an informational brochure on the recycling collection program described herein that is produced and printed by Contractor and approved by the City, which approval shall not be unreasonably withheld (the "Program Brochure"). 4 12. Missed Collections and Complaints. The City shall instruct Residential Customers to report missed collections and complaints to Contractor. The Program Brochure and other program information shall include contact information for Contractor to facilitate communication from Residential Customers. Contractor shall respond to all reported missed collections and complaints within 24 business hours. 13. Contractor's Fee. After the Initial Term, Contractor shall pay to the City One Cent ($0.01) per pound of gross Soft Recyclables collected by Contractor in the Service Area. Payments shall be made to the City not more than 30 days following the close of each calendar month. Weight shall be collected and documented upon completion of each collection day. Contractor shall send the City a monthly tonnage report at the end of each month. 14. Publication Information and Education Program. The City shall provide public information in the normal course to inform Residential Customers of this recycling program. The content and timing of such information shall be developed with input from Contractor; however, the City shall maintain complete and sole control of all information and materials it produces and sends. Contractor may prepare and distribute its own promotional materials subject to the City's approval, which approval shall not be unreasonably withheld. Contractor shall participate in the City's directed promotion and education efforts as outlined below: a. During the course of the routine recycling pick up, Contractor shall provide and distribute notices regarding rejected materials and proper set out procedures. b. Contractor shall train its employees to deal courteously with customers on the telephone and on -route, to promote the collection service, and to explain proper material preparation. c. Contractor shall coordinate with the City for distribution of written promotional and instructional materials directly to Residential Customers. d. Contractor shall be available a minimum of two times per year to participate in promoting the collection service at an area fair, neighborhood association program, school, or community event. e. Contractor shall provide advice to the City on promotion and education material content and presentation. 15. Telephone and Customer Service. Contractor shall maintain and staff local toll- free telephone number where complaints of Residential Customers shall be received, recorded and handled by Contractor between the hours of 9:00 AM and 4:30 PM Monday through Friday, excluding Holidays. Typically, all "call backs" shall be attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not contacted on the first attempt, Contractor shall make subsequent attempts on the next working day after the original call. 16. Marketing and Disposition of Recyclable Material. Contractor shall be solely responsible for the marketing and sale of collected Soft Recyclables, and shall be solely responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell the Soft Recyclables in a timely manner. If Excluded Items or materials banned from disposal in municipal solid waste by the State of Minnesota are collected, knowingly or unknowingly, Contractor shall be solely responsible for recycling or disposal of items as required by the State of Minnesota at Contractor's sole cost. 17. Insurance. 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 $2,000,000 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, its officers, officials, employees, agents and volunteers 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 $2,000,000 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. Within 10 days of the Effective Date of this Agreement and thereafter upon request, 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 and any failure comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 18. Indemnification and Hold Harmless. To the fullest extent allowed by Minnesota law, Contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers from any and all liability, claims, demands, suits, penalties, and costs of any kind whatsoever, arising out of or in any way resulting from or related to the acts or omissions of Contractor, it officers, employees or agents, with respect to Contractor's provision of services under or breach of this Agreement. Defense of any action or proceeding shall be at the expense of Contractor by counsel reasonably satisfactory to the City. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 19. Taxes. Contractor agrees to save the City harmless from any and all taxes or assessments of any kind or nature levied by any political subdivision upon Contractor by reason of services rendered for Soft Recyclables and disposal under this Agreement. 20. Employee Conduct. All Contractor personnel shall maintain a courteous and respectful attitude toward the public at all times. At no time may they solicit, request, or receive gratuities of any kind. Contractor must direct its employees to avoid loud and profane language at all times during the performance of duties. Any employee of Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous must be removed from service under this Agreement by Contractor. 21. Monthly Reports. Contractor shall provide monthly project status reports to the City. These reports will be due within 15 days of the close of the month being reported. At a minimum, the reports shall include detailed data to allow analysis of collection and processing efficiencies including pounds of Soft Recyclables collected in the prior month, the payment of the required fee to the City, missed pick-ups, tagging, and complaints. 22. Inspections. Upon reasonable advanced request to Contractor,—the City may inspect the facilities, equipment and operations of Contractor to assure itself of the appearance and compliance with provisions of this Agreement. Upon reasonable advance request, the City may review the Contractor's records related to the substance of this Agreement. The City shall notify Contractor, in writing, at least 48 hours prior to any such inspection and shall indicate the reasonable basis for requesting the inspection. 23. Meetings and Communications. In order to minimize misunderstanding and to provide a forum for discussing and resolving any issues that may arise, the Parties agree to meet on a regular basis and hereby adopt communications procedures as follows: Meetings After Collection Begins. After Collections begin, meetings shall be held no less frequently than an annual basis, unless otherwise mutually agreed by the Parties. Such meetings will be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. Designation of Representatives. Each party shall send at least one representative with knowledge of the services to each meeting. 24. Public not Barred from Donating or Selling Soft Recyclables to Others. Nothing in this Agreement shall abridge the right of an individual or household to give or sell their Soft Recyclable materials to any recyclable materials program. 25. Compliance with Laws and Regulations. Contractor agrees that, in performance of work and services under this contract, Contractor will qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 7 26. Termination and Breach. Either party may terminate this Agreement without cause upon 180 days written notice and for cause upon 30 days written notice. In the event of a breach of the terms and conditions of this Agreement by either Party, the non -breaching Party may elect to terminate this Agreement by delivering to the breaching Party a written notice of such default, and allowing the breaching Parry a period of thirty 30 days from and after the date of such notice to cure the breach complained of to the satisfaction of the non - breaching Party. In the event said breach is not cured within the 30 day period, the non -breaching parry shall send a notice' of termination to the breaching party and this Agreement shall be terminated (for -cause) as of the last day of the required 30 -day notice period. In the event the City is the non -defaulting parry, Contractor agrees to furnish services under this Agreement for up to 180 days, at the option of the City. 27. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect. 28. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of the City. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Contractor shall further be responsible for the compensation and benefits of its 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 income tax, state disability insurance tax, and state unemployment tax. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other benefits which accrue to the City's employees and Contractor expressly waives any claim it may have or acquire to such benefits. 29. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. 30. Entire Agreement. This Agreement supersedes any prior or contemporaneous representation or agreements, whether written or oral, between the Parties and contains the entire agreement 31. Amendments. Any modification or amendment of this Agreement shall require a written agreement signed by both parties. 32. Nondiscrimination. In the hiring of employees to perform work under this Agreement, the Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 33. - Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. 34. Access to Records and Data. Contractor shall provide access to the City and its agents and auditors, to review collection and customer service records produced by Contractor and related to this Agreement. 35. Government Data/Privacy. Contractor agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, HIPAA requirements, 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 the 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. Notwithstanding, Contractor shall notify the City within 3 business days of any requests for data it receives from the public and shall not respond to such requests without first conferring with the City. 36. 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. 37. Notices. All notices and other communications pursuant to this Agreement must - be in writing and must be delivered in person, by electronic delivery with receipt confirmed, or by registered or certified mail, postage prepaid, at the address set forth below: Notice to City: Marc Nevinski, Physical Development Director City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN, 55427 Notice to Contractor: Adam Winfield President Great Lakes Recycling, Inc. d/b/a Simple Recycling, 5425 Naiman Parkway, Solon, OH 44139 38. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both Parties. 39. Non -Discrimination. Contractor agrees: a. That in the hiring of common or skilled labor for the performance of work under this Agreement, contractor shall not, by reason of race, creed, or color, discriminate against any person or persons who are citizens of the United State, resident aliens, or otherwise legally authorized to work in the United States who are qualified and available to perform the work under this Agreement; b. That Contractor shall not, in any manner, discriminate against, intimidate, or prevent the employment of any person or persons identified in paragraph (a) of this section, or prevent, or conspire to prevent, the person or persons from performance of the work under this Agreement on account of race, creed, or color; and c. That violation of this section shall be sufficient to justify the City to terminate this Agreement for cause and termination under this provision shall be effective immediately with no prior notice required. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement. CITY OF GOLDEN VALLEY Date: Shepard M. Harris Mayor Date: Timothy J. Cruikshank City Manager SIMPLE RECYCLING Adam Winfield CEO 10 Date: Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 3. I. Supporting Submittal of Application to Minnesota Department of Natural Resources for Trail Connection at Laurel and Colorado Avenues Prepared By Emily Goellner, Senior Planner/Grant Writer Summary The Minnesota Department of Natural Resources (DNR) manages the Local Trail Connections program to provide grants to local units of government to promote relatively short trail connections between where people live and desirable locations. Nonprofit organizations and government entities are eligible for this funding. City staff recognized this as an excellent opportunity to fund the construction of a short trail that connects the neighborhoods north of Laurel Avenue at Dakota Avenue and Brunswick Avenue with the I-394 Redevelopment Area to the south. Construction of the trail is estimated to be $70,000. The project also includes a crosswalk on Laurel Avenue that connects to an existing sidewalk on Colorado Avenue, but is not eligible for funding by the grant. The sidewalk improvements are estimated to be $15,000. This project is identified in the 2040 Comprehensive Plan and it is partially funded in the City’s 2020 Capital Improvement Program (CIP). If the City is selected, construction would take place in 2020. A resolution of support from City Council is required as part of the application process. If awarded, the City would need to provide a local match of 25%, which is allocated in the Street 2020 CIP (S- 030). Attachments • Resolution Supporting Submittal of Application to Minnesota Department of Natural Resources for Trail Connection at Laurel and Colorado Avenues (1 page) • Site Map (1 page) Recommended Action Motion to adopt Resolution Supporting Submittal of Application to Minnesota Department of Natural Resources for Trail Connection at Laurel and Colorado Avenues. RESOLUTION NO 19-24 RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION TO MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR TRAIL CONNECTION AT LAUREL AND COLORADO AVENUES WHEREAS, the City of Golden Valley identified the need for a short trail connection north of Laurel Avenue in the 2040 Comprehensive Plan; and WHEREAS, the trail connection is partially funded in the City’s 2020 Capital Improvement Program (CIP); and WHEREAS, funding for this work is available from the Minnesota Department of Natural Resources (DNR) Local Trail Connections Program, which provides grants to local units of government to promote relatively short trail connections between where people live and desirable locations in Minnesota; and WHEREAS, the grant would fund the construction of a trail for walking and biking that connects the neighborhood north of Laurel Avenue at Dakota Avenue and Brunswick Avenue with the I-394 Redevelopment Area; and WHEREAS, the project would also include a crosswalk on Laurel Avenue to connect to Colorado Avenue to the south; and WHEREAS, staff has reviewed all terms and conditions of this funding opportunity and finds them to be satisfactory. NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the Council is supportive of staff’s submittal of an application to the Minnesota Department of Natural Resources for a trail connection at Laurel and Colorado Avenues. Adopted by the City of Golden Valley, Minnesota this 19th day of March 2019. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk 6100 GOLDEN HILLS DR 365 DAKO TA AVE S 700 COLORADO AVE S 360 BRUNSWICK AVE S 400 DAKOTA AVE S345 DAKO TA AVE S 340 BRUNSWICK AVE S 365 BRUNSWICK AVE SLaurel Ave Dakota Ave S Brunswick Ave S Colorado Ave S365 0 50 10025Feetby the City of Golden Valley, 3/14/2019 I Project Site Level Map Plan ne d Tra il Plan ne d Bike La n es Existin g Tra ils an d Sid ewa lks City Own ed L a nd Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 6. A. Approval of Flood Proofing Cost Share Reimbursement Policy Prepared By Jeff Oliver, PE, City Engineer Eric Eckman, Development and Assets Supervisor Summary The City of Golden Valley has experienced flooding and flood damage for many years. The flood related damage includes damage to property and infrastructure, disruption of public services, life-safety issues, and negative socio-economic impacts. In 2017, the Bassett Creek Watershed Management Commission adopted a flood prediction model that incorporated rainfall frequency and duration information that had been updated for the upper Midwest. This information more accurately reflects the trend of rainstorms that yield heavier rainfall totals over shorter periods of time. The results of the modeling show that the base flood elevations, the flood level that has a one-percent chance of occurring in any given year, have generally increased across the City and the Bassett Creek Watershed. The model also indicated flooding in areas that are geographically removed from the creek and ponds but are hydraulically connected to these waterbodies. The results of the model indicate that there are approximately 240 properties within Golden Valley that are at risk of flood damage. In order to address the negative impacts of flooding in our community, the Council authorized staff to prepare a policy to provide property owners incentive to flood proof their homes. This policy, which is attached for reference, includes reimbursement of 40% of flood proofing expenses up to a maximum reimbursement of $50,000 per property. The policy also includes criteria for eligibility for this program as well as other policy detail. The 2019 Capital Improvement Plan (CIP) includes $250,000 per year for flood proofing at risk properties. This portion of the CIP is funded by the City’s Storm Water Utility Fund. It is expected that future CIP’s will continue to fund this policy based upon City Council approval. Attachments: • City of Golden Valley Flood Proofing Cost Share Reimbursement Policy and attachments (28 pages) Recommended Action Motion to approve the City of Golden Valley Flood Proofing Cost Share Reimbursement Policy. CITY OF GOLDEN VALLEY FLOOD MITIGATION COST SHARE REIMBURSEMENT POLICY March 12, 2019 Purpose: The purpose of this policy is to meet the City’s goal to increase community resilience by reducing flood risk and flood damages to properties located in flood prone areas throughout the City. Reducing flood risk and flood damage citywide will improve public health and safety, reduce public liability and cost, and preserve economic values, benefitting the entire community. Background: The City has historically experienced community-wide flooding and flood damage. Flooding is a natural disaster that can cause loss of life, damage to property and infrastructure, disruption to public services, and negative health and socio-economic impacts. The National Weather Service estimates flood losses in the U.S. at about $8 billion per year. In recent decades, the Minnesota Department of Natural Resources Climatology Office has observed more annual precipitation and more extreme rain events in this region than in previous decades. Precipitation models used by government agencies have been updated to reflect these observations. The Bassett Creek Watershed Management Commission (BCWMC) developed a watershed- wide flood model based on updated topography and precipitation data (the “Model”) detailed in its report Bassett Creek Hydrologic and Hydraulic Analyses, Phase 2 XPSWMM Model Report, August 7, 2017. According to the Model, the flood depths in many areas of the City are now higher than previously mapped by the Federal Emergency Management Agency (FEMA). As a result, there is more flood risk and vulnerability now than in years past, and more properties in the City are identified as being at risk of flooding. The areas of increased flood risk are located near Bassett Creek and its tributaries and in localized flood prone areas spread throughout the City. This is shown in Figure 3-20 of the City of Golden Valley Surface Water Management Plan. Flood risk across the City varies and the Model projects that flood depths may reach up to 5 feet in some areas. The City has a comprehensive floodplain management program and has completed numerous public flood mitigation projects over the years to help protect life and property. In addition to the City’s efforts, property owners are encouraged to protect their homes from flood damage through retrofitting measures known as floodproofing or flood protection barriers. These measures may involve sealing up a door or window opening in the lowest level of the home or constructing a levee or floodwall around the outside of the home. In order to provide incentives to property owners to invest in the protection of their homes, and reduce the liability and cost to the public of major flooding events, the City desires to implement a flood mitigation cost share reimbursement program (the “Program”). The intent of this policy is to clearly define and outline the requirements of the Program. The requirements set forth in this policy will further the City’s resilience and sustainability, water resources, and housing goals listed in its 2040 Comprehensive Plan. Eligibility: This policy applies to existing primary structures located on residential single-family and duplex properties that meet at least one of the following two criteria: 1. Is identified as being at risk of flooding in a report or study completed or approved by the City, BCWMC, State, or Federal agency (examples include the 2016 Medicine Lake Road & Winnetka Avenue Area Long Term Flood Mitigation Study, the 2002 Flood Damage Reduction Study, and drainage area studies completed for developments); or 2. Located in or adjacent to the floodplain and has a low opening elevation or lowest adjacent grade elevation that is below the base flood elevation as evidenced by an elevation certificate completed by a professional surveyor licensed in the State of Minnesota. Properties meeting the eligibility criteria above that have completed flood mitigation projects prior to adoption of this policy shall not be eligible for participation in the cost share reimbursement program. This policy does not apply to properties located outside the floodplain that have experienced water intrusion from groundwater or sub-surface sources as determined by the City Engineer based on available evidence and data. This policy does not apply to new construction, or to accessory structures identified as being at risk of flooding. Application Process: Applications must be received by October 1 of each year for implementation the following year. Applications shall be submitted on the form attached hereto as Exhibit A and must contain all required information, plans and exhibits, including the following: 1. Elevation certificate completed by professional surveyor or engineer licensed in the State of Minnesota. 2. Type of flood mitigation measure proposed and brief project description. 3. Plan completed by a licensed design professional or contractor. 4. Planning level cost estimate based on consultation with a professional engineer, architect, or contractor. 5. If applicable, supporting documentation showing evidence of previous flood damage (insurance claims, invoices, photos, etc) The City will review and evaluate applications in October and November to determine which projects will be selected to move forward for design, permitting, and construction the following year. Applicants will be notified in writing by November 30 as to (1) whether their project was selected to move forward; (2) next steps in the process; and (3) the maximum dollar amount for which their project is eligible. Successful applicants shall accept or reject the selection by December 31. If the City does not receive confirmation of acceptance from an applicant by December 31, the approval may be withdrawn and the funds awarded to the next eligible applicant. Selection Criteria: The City will select projects for participation in the program based on the following criteria, listed in order of priority. 1. Difference between base flood elevation and lowest opening elevation. 2. Difference between base flood elevation and lowest adjacent grade. 3. Difference between base flood elevation and lowest floor elevation. 4. Type of flood mitigation measure proposed. 5. Number of past flood events as evidenced by insurance claims, or similar written and photographic documentation acceptable to the City. 6. Cost of damage from past flood events as evidenced by insurance claims, or similar written and photographic documentation acceptable to the City. If two or more projects receive the same ranking during evaluation, the earliest submitted project will be selected. Standards for Flood Mitigation: All projects selected for program participation must meet the following minimum requirements: 1. All plans must be completed and signed by a licensed design professional (engineer or architect licensed in the State of Minnesota) or contractor, depending on flood mitigation measure proposed. 2. Plans must conform to the guidelines listed in the FEMA Homeowner’s Guide to Retrofitting (June 2014 or current version) 3. The following elements must be shown and labeled on the plan: a. All applicable information from the elevation certificate b. Base flood elevation c. Existing and proposed topography, contours, spot elevations along foundation of home at all building corners and mid points of walls, spot elevations at property corners d. Profile view and applicable details for the proposed flood mitigation solution e. Cut/fill diagram showing proposed changes to flood storage volume f. Architectural plans as necessary g. Other information the City deems necessary to review plan 4. Flood protection barriers do not need to be certified as meeting FEMA and US Army Corps of Engineers (USACE) standards, however, they must meet all applicable federal, state, and local requirements as outlined in the floodplain and stormwater management section of City code. 5. Flood protection barriers must be located as close to the structure as possible to preserve and maintain flood storage volumes to the extent feasible. 6. The property owner, licensed design professional, or contractor must obtain all required permits and approvals from the City and any other applicable governmental entities prior to commencing work and must follow all applicable laws, statutes, codes and ordinances. 7. Flood mitigation measures must meet the City’s freeboard requirements as measured from the base flood elevation in effect at the time of application. (For example, if the base flood elevation around a pond is 902 at the time of application, and the freeboard requirement is 2 feet, then the flood mitigation measures to protect a structure must be constructed to an elevation of at least 904.) 8. Property owners must enter into a flood mitigation agreement with the City in the form attached hereto as Exhibit B, which the City may record in the Hennepin County property records. The agreement shall specify the requirements of the reimbursement process and amount of award. Incentive Amount: The City will award each successful applicant a one-time reimbursement incentive of 40% of the eligible flood mitigation costs up to a maximum of $50,000 per property. The final not-to- exceed amount awarded to the applicant will be outlined in the flood mitigation agreement. The final reimbursement amount will be based upon actual cost once the project is complete. Funding for the cost share reimbursement program shall come from the City’s 5-year Capital Improvement Program, Storm Sewer Section, SS-34 Flood Mitigation as approved annually by City Council. Any funds remaining at the end of each program year shall accrue for use in subsequent years. It is possible that projects approved for construction in one program year may not be completed and reimbursed until the following program year. Staff will work with applicants and the City’s Finance Department to monitor the availability of funds. Property owners may work together to propose flood proofing projects that extend across multiple properties. Costs for such projects must be divided by the owners based on the value of work performed on each property or other method as agreed upon in writing by the owners. Definitions: Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood." The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. Base flood elevations are typically shown on FEMAs flood insurance rate maps. The Bassett Creek Watershed Management Commission (BCWMC) developed a watershed-wide flood model detailed in its report “Bassett Creek Hydrologic and Hydraulic Analyses, Phase 2 XPSWMM Model Report, August 7, 2017.” The base flood elevations and associated maps provided in this report have been adopted by the BCWMC and the City as part of its floodplain management code. Base flood elevation: The elevation of the base flood. Elevation Certificate: An administrative tool developed by FEMA used to provide elevation information necessary to ensure compliance with community floodplain management ordinances. The Elevation Certificate must be completed by a land surveyor, engineer, or architect who is authorized by law to certify elevation information. This certificate is used only to certify building elevations. Eligible flood mitigation costs: Flood mitigation project costs that are directly related to permitting, engineering and design, and construction of the flood mitigation measures. Costs for services, materials, or improvements that are deemed aesthetic or decorative and beyond what would be considered normal or typical will not be eligible for reimbursement. The City Engineer shall have the final decision on whether or not project costs are eligible. Floodplain: Area of land inundated by a precipitation event having a 1% chance of being equaled or exceeded in any given year. The floodplain includes areas identified in the FEMA Flood Insurance Study and Flood Insurance Rate Map and the BCWMC watershed- wide flood model and report. Freeboard: Also known as the regulatory flood protection elevation. The elevation to which uses regulated by the City’s floodplain management code are required to be elevated or floodproofed (but not less than two feet above the base flood elevation). Floodproofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Preferred approach is sealing the home and adjusting the grade to prevent floodwaters from entering. Flood protection barriers: Construction of a floodwall or levee around a home to hold back floodwaters. Flood Mitigation Agreement: An agreement between the City and the Owner that formally sets forth approval and requirements to achieve flood protection in accordance with this Policy. Lowest adjacent grade: Elevation of the lowest ground surface that touches any of the exterior walls of the home. Lowest floor elevation: Elevation of the lowest floor on the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure used solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. Lowest opening elevation: Elevation of the lowest opening of the home, typically a door or window. Attachments/Exhibits: Figure 1 – Map of Modeled Flood Risk Exhibit A – Application Form Exhibit B – Draft Flood Mitigation Agreement Exhibit C – FEMA NFIP Elevation Certificate and Instructions NATIONAL FLOOD INSURANCE PROGRAM INSTRUCTIONS AND ELEVATION CERTIFICATE 2015 EDITION U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency National Flood Insurance Program ELEVATION CERTIFICATE AND INSTRUCTIONS Paperwork Reduction Act Notice Public reporting burden for this data collection is estimated to average 3.75 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0008). NOTE: Do not send your completed form to this address. Privacy Act Statement Authority: Title 44 CFR § 61.7 and 61.8. Principal Purpose(s): This information is being collected for the primary purpose of estimating the risk premium rates necessary to provide flood insurance for new or substantially improved structures in designated Special Flood Hazard Areas. Routine Use(s): The information on this form may be disclosed as generally permitted under 5 U.S.C. § 552a(b) of the Privacy Act of 1974, as amended. This includes using this information as necessary and authorized by the routine uses published in DHS/ FEMA-003 – National Flood Insurance Program Files System or Records Notice 73 Fed. Reg. 77747 (December 19, 2008); DHS/ FEMA/NFIP/LOMA-1 – National Flood Insurance Program (NFIP) Letter of Map Amendment (LOMA) System of Records Notice 71 Fed. Reg. 7990 (February 15, 2006); and upon written request, written consent, by agreement, or as required by law. Disclosure: The disclosure of information on this form is voluntary; however, failure to provide the information requested may result in the inability to obtain flood insurance through the National Flood Insurance Program or the applicant may be subject to higher premium rates for flood insurance. Information will only be released as permitted by law. Purpose of the Elevation Certificate The Elevation Certificate is an important administrative tool of the National Flood Insurance Program (NFIP). It is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F). The Elevation Certificate is required in order to properly rate Post-FIRM buildings, which are buildings constructed after publication of the Flood Insurance Rate Map (FIRM), located in flood insurance Zones A1–A30, AE, AH, A (with BFE), VE, V1–V30, V (with BFE), AR, AR/A, AR/AE, AR/A1–A30, AR/AH, and AR/AO. The Elevation Certificate is not required for Pre-FIRM buildings unless the building is being rated under the optional Post-FIRM flood insurance rules. As part of the agreement for making flood insurance available in a community, the NFIP requires the community to adopt floodplain management regulations that specify minimum requirements for reducing flood losses. One such requirement is for the community to obtain the elevation of the lowest floor (including basement) of all new and substantially improved buildings, and maintain a record of such information. The Elevation Certificate provides a way for a community to document compliance with the community's floodplain management ordinance. Use of this certificate does not provide a waiver of the flood insurance purchase requirement. Only a LOMA or LOMR-F from the Federal Emergency Management Agency (FEMA) can amend the FIRM and remove the Federal mandate for a lending institution to require the purchase of flood insurance. However, the lending institution has the option of requiring flood insurance even if a LOMA/LOMR-F has been issued by FEMA. The Elevation Certificate may be used to support a LOMA or LOMR-F request. Lowest floor and lowest adjacent grade elevations certified by a surveyor or engineer will be required if the certificate is used to support a LOMA or LOMR-F request. A LOMA or LOMR-F request must be submitted with either a completed FEMA MT-EZ or MT-1 package, whichever is appropriate. This certificate is used only to certify building elevations. A separate certificate is required for floodproofing. Under the NFIP, non- residential buildings can be floodproofed up to or above the Base Flood Elevation (BFE). A floodproofed building is a building that has been designed and constructed to be watertight (substantially impermeable to floodwaters) below the BFE. Floodproofing of residential buildings is not permitted under the NFIP unless FEMA has granted the community an exception for residential floodproofed basements. The community must adopt standards for design and construction of floodproofed basements before FEMA will grant a basement exception. For both floodproofed non-residential buildings and residential floodproofed basements in communities that have been granted an exception by FEMA, a floodproofing certificate is required. Additional guidance can be found in FEMA Publication 467-1, Floodplain Management Bulletin: Elevation Certificate, available on FEMA's website at https://www.fema.gov/media-library/assets/documents/3539?id=1727. OMB No. 1660-0008 Expiration Date: November 30, 2018 FEMA Form 086-0-33 (Revised 7/15) Replaces all previous editions. F-053 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency National Flood Insurance Program OMB No. 1660-0008 Expiration Date: November 30, 2018 ELEVATION CERTIFICATE Important: Follow the instructions on pages 1–9. Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner. FEMA Form 086-0-33 (7/15) Replaces all previous editions.Form Page 1 of 6 A1. Building Owner's Name A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. City State ZIP Code Policy Number: Company NAIC Number: A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) A5. Latitude/Longitude:Lat. Long. Horizontal Datum:NAD 1927 NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number A8. For a building with a crawlspace or enclosure(s): a) Square footage of crawlspace or enclosure(s) sq ft b) Number of permanent flood openings in the crawlspace or enclosure(s) within 1.0 foot above adjacent grade c) Total net area of flood openings in A8.b sq in d) Engineered flood openings?Yes No A9. For a building with an attached garage: a) Square footage of attached garage sq ft b) Number of permanent flood openings in the attached garage within 1.0 foot above adjacent grade c) Total net area of flood openings in A9.b sq in d) Engineered flood openings?Yes No B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)?Yes No Designation Date:CBRS OPA SECTION B – FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. County Name B3. State B4. Map/Panel Number B5. Suffix B6. FIRM Index Date B7. FIRM Panel Effective/ Revised Date B8. Flood Zone(s)B9. Base Flood Elevation(s) (Zone AO, use Base Flood Depth) B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9: FIS Profile FIRM Community Determined Other/Source: NGVD 1929 NAVD 1988 Other/B11. Indicate elevation datum used for BFE in Item B9:Source: FOR INSURANCE COMPANY USESECTION A – PROPERTY INFORMATION ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE FEMA Form 086-0-33 (7/15) Replaces all previous editions. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. City State ZIP Code Policy Number: Company NAIC Number SECTION C – BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: *A new Elevation Certificate will be required when construction of the building is complete. Construction Drawings* Building Under Construction*Finished Construction C2. Elevations – Zones A1–A30, AE, AH, A (with BFE), VE, V1–V30, V (with BFE), AR, AR/A, AR/AE, AR/A1–A30, AR/AH, AR/AO. Complete Items C2.a–h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized:Vertical Datum: Indicate elevation datum used for the elevations in items a) through h) below. NGVD 1929 NAVD 1988 Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor (including basement, crawlspace, or enclosure floor).feet meters b) Top of the next higher floor c) Bottom of the lowest horizontal structural member (V Zones only) d) Attached garage (top of slab). e) Lowest elevation of machinery or equipment servicing the building (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG). g) Highest adjacent (finished) grade next to building (HAG). h) Lowest adjacent grade at lowest elevation of deck or stairs, including structural support . feet meters. feet meters. feet meters feet meters. feet meters feet meters feet meters SECTION D – SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. Check here if attachments.Yes NoWere latitude and longitude in Section A provided by a licensed land surveyor? Certifier's Name License Number Title Company Name Address City State ZIP Code Signature Date Telephone Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner. Comments (including type of equipment and location, per C2(e), if applicable) Form Page 2 of 6 ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE FEMA Form 086-0-33 (7/15) Replaces all previous editions. State ZIP CodeCity Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAIC Number Policy Number: SECTION E – BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1–E5. If the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B,and C. For Items E1–E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). b) Top of bottom floor (including basement, crawlspace, or enclosure) is a) Top of bottom floor (including basement, crawlspace, or enclosure) is .feet meters above or below the HAG. .metersfeet below the LAG.above or SECTION F – PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION E2. For Building Diagrams 6–9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 1–2 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is .feet meters above or below the HAG. .feet meters above or below the HAG.E3. Attached garage (top of slab) is E4. Top of platform of machinery and/or equipment servicing the building is .feet meters above or below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance?Yes Unknown.No The local official must certify this information in Section G. The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner or Owner's Authorized Representative's Name Address City State ZIP Code Telephone Comments DateSignature Check here if attachments. Form Page 3 of 6 ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE FEMA Form 086-0-33 (7/15) Replaces all previous editions. ZIP CodeStateCity Company NAIC Number Policy Number:Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. SECTION G – COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8–G10. In Puerto Rico only, enter meters. G1.The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2.A community official completed Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. G3.The following information (Items G4–G10) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate of Compliance/Occupancy Issued G7. This permit has been issued for:New Construction Substantial Improvement G8. Elevation of as-built lowest floor (including basement) of the building:.feet meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site:.feet meters Datum G10. Community's design flood elevation:.feet meters Datum Comments (including type of equipment and location, per C2(e), if applicable) Local Official's Name Title TelephoneCommunity Name Date Check here if attachments. Signature Form Page 4 of 6 ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE FEMA Form 086-0-33 (7/15) Replaces all previous editions. BUILDING PHOTOGRAPHS See Instructions for Item A6. Policy Number: Company NAIC NumberZIP CodeStateCity Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page. Form Page 5 of 6 Photo One Photo One Caption Photo Two Photo Two Caption ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE FEMA Form 086-0-33 (7/15) Replaces all previous editions. BUILDING PHOTOGRAPHS Continuation Page Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No.Policy Number: Company NAIC NumberZIP CodeStateCity If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. Form Page 6 of 6 Photo One Photo One Caption Photo Two Photo Two Caption Instructions for Completing the Elevation Certificate The Elevation Certificate is to be completed by a land surveyor, engineer, or architect who is authorized by law to certify elevation information when elevation information is required for Zones A1–A30, AE, AH, A (with BFE), VE, V1–V30, V (with BFE), AR, AR/A, AR/AE, AR/A1–A30, AR/AH, or AR/AO. Community officials who are authorized by law or ordinance to provide floodplain management information may also complete this form. For Zones AO and A (without BFE), a community official, a property owner, or an owner's representative may provide information on this certificate, unless the elevations are intended for use in supporting a request for a LOMA or LOMR-F. Certified elevations must be included if the purpose of completing the Elevation Certificate is to obtain a LOMA or LOMR-F. The property owner, the owner's representative, or local official who is authorized by law to administer the community floodplain ordinance can complete Section A and Section B. The partially completed form can then be given to the land surveyor, engineer, or architect to complete Section C. The land surveyor, engineer, or architect should verify the information provided by the property owner or owner's representative to ensure that this certificate is complete. In Puerto Rico only, elevations for building information and flood hazard information may be entered in meters. SECTION A – PROPERTY INFORMATION Items A1–A4. This section identifies the building, its location, and its owner. Enter the name(s) of the building owner(s), the building's complete street address, and the lot and block numbers. If the building's address is different from the owner's address, enter the address of the building being certified. If the address is a rural route or a Post Office box number, enter the lot and block numbers, the tax parcel number, the legal description, or an abbreviated location description based on distance and direction from a fixed point of reference. For the purposes of this certifica te, "building" means both a building and a manufactured (mobile) home. A map may be attached to this certificate to show the location of the building on the property. A tax map, FIRM, or detailed community map is appropriate. If no map is available, provide a sketch of the property location, and the location of the building on the property. Include appropriate landmarks such as nearby roads, intersections, and bodies of water. For building use, indicate whether the building is residential, non-residential, an addition to an existing residential or non- residential building, an accessory building (e.g., garage), or other type of structure. Use the Comments area of the appropriate section if needed, or attach additional comments. Item A5. Provide latitude and longitude coordinates for the center of the front of the building. Use either decimal degrees (e.g., 39.5043°, −110.7585°) or degrees, minutes, seconds (e.g., 39° 30' 15.5", −110° 45' 30.7") format. If decimal degrees are used, provide coordinates to at least 5 decimal places or better. When using degrees, minutes, seconds, provide seconds to at least 1 decimal place or better. The latitude and longitude coordinates must be accurate within 66 feet. When the latitude and longitude are provided by a surveyor, check the "Yes" box in Section D and indicate the method used to determine the latitude and longitude in the Comments area of Section D. If the Elevation Certificate is being certified by other than a licensed surveyor, engineer, or architect, this information is not required. Provide the type of datum used to obtain the latitude and longitude. FEMA prefers the use of NAD 1983. Item A6. If the Elevation Certificate is being used to obtain flood insurance through the NFIP, the certifier must provide at least 2 photographs showing the front and rear of the building taken within 90 days from the date of certification. The photographs must be taken with views confirming the building description and diagram number provided in Section A. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least 2 additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" × 3". Digital photographs are acceptable. Item A7. Select the diagram on pages 7–9 that best represents the building. Then enter the diagram number and use the diagram to identify and determine the appropriate elevations requested in Items C2.a–h. If you are unsure of the correct diagram, select the diagram that most closely resembles the building being certified. Item A8.a. Provide the square footage of the crawlspace or enclosure(s) below the lowest elevated floor of an elevated building with or without permanent flood openings. Take the measurement from the outside of the crawlspace or enclosure(s). Examples of elevated buildings constructed with crawlspace and enclosure(s) are shown in Diagrams 6–9 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency National Flood Insurance Program OMB No. 1660-0008 Expiration Date: November 30, 2018 NFIP Elevation Certificate Instructions –Page 1 of 9 Instructions for Completing the Elevation Certificate (continued) on pages 8–9. Diagrams 2A, 2B, 4, and 9 should be used for a building constructed with a crawlspace floor that is below the exterior grade on all sides. Items A8.b–d. Enter in Item A8.b the number of permanent flood openings in the crawlspace or enclosure(s) that are no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. (A permanent flood opening is a flood vent or other opening that allows the free passage of water automatically in both directions without human intervention.) If the interior grade elevation is used, note this in the Comments area of Section D. Estimate the total net area of all such permanent flood openings in square inches, excluding any bars, louvers, or other covers of the permanent flood openings, and enter the total in Item A8.c. If the net area cannot be reasonably estimated, provide the size of the flood openings without consideration of any covers and indicate in the Comments area the type of cover that exists in the flood openings. Indicate in Item A8.d whether the flood openings are engineered. If applicable, attach a copy of the Individual Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES), if you have it. If the crawlspace or enclosure(s) have no permanent flood openings, or if the openings are not within 1.0 foot above adjacent grade, enter "0" (zero) in Items A8.b–c. Item A9.a. Provide the square footage of the attached garage with or without permanent flood openings. Take the measurement from the outside of the garage. Items A9.b–d. Enter in Item A9.b the number of permanent flood openings in the attached garage that are no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. (A permanent flood opening is a flood vent or other opening that allows the free passage of water automatically in both directions without human intervention.) If the interior grade elevation is used, note this in the Comments area of Section D. This includes any openings that are in the garage door that are no higher than 1.0 foot above the adjacent grade. Estimate the total net area of all such permanent flood openings in square inches and enter the total in Item A9.c. If the net area cannot be reasonably estimated, provide the size of the flood openings without consideration of any covers and indicate in the Comments area the type of cover that exists in the flood openings. Indicate in Item A9.d whether the flood openings are engineered. If applicable, attach a copy of the Individual Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES), if you have it. If the garage has no permanent flood openings, or if the openings are not within 1.0 foot above adjacent grade, enter "0" (zero) in Items A9.b–c. SECTION B – FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Complete the Elevation Certificate on the basis of the FIRM in effect at the time of the certification. The information for Section B is obtained by reviewing the FIRM panel that includes the building's location. Information about the current FIRM is available from the Federal Emergency Management Agency (FEMA) by calling 1-800-358-9616. If a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR-F) has been issued by FEMA, please provide the letter date and case number in the Comments area of Section D or Section G, as appropriate. For a building in an area that has been annexed by one community but is shown on another community's FIRM, enter the community name and 6-digit number of the annexing community in Item B1, the name of the county or new county, if necessary, in Item B2, and the FIRM index date for the annexing community in Item B6. Enter information from the actual FIRM panel that shows the building location, even if it is the FIRM for the previous jurisdiction, in Items B4, B5, B7, B8, and B9. If the map in effect at the time of the building's construction was other than the current FIRM, and you have the past map information pertaining to the building, provide the information in the Comments area of Section D. Item B1. NFIP Community Name & Community Number. Enter the complete name of the community in which the building is located and the associated 6-digit community number. For a newly incorporated community, use the name and 6-digit number of the new community. Under the NFIP, a "community" is any State or area or political subdivision thereof, or any Indian tribe or authorized native organization, that has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction. To determine the current community number, see the NFIP Community Status Book, available on FEMA's web site at https://www.fema.gov/national-flood-insurance- program/national-flood-insurance-program-community-status-book, or call 1-800-358-9616. NFIP Elevation Certificate Instructions –Page 2 of 9 Instructions for Completing the Elevation Certificate (continued) Item B2. County Name. Enter the name of the county or counties in which the community is located. For an unincorporated area of a county, enter "unincorporated area." For an independent city, enter "independent city." Item B3. State. Enter the 2-letter state abbreviation (for example, VA, TX, CA). Items B4–B5. Map/Panel Number and Suffix. Enter the 10-character "Map Number" or "Community Panel Number" shown on the FIRM where the building or manufactured (mobile) home is located. For maps in a county-wide format, the sixth character of the "Map Number" is the letter "C" followed by a 4-digit map number. For maps not in a county- wide format, enter the "Community Panel Number" shown on the FIRM. Item B6. FIRM Index Date. Enter the effective date or the map revised date shown on the FIRM Index. Item B7. FIRM Panel Effective/Revised Date. Enter the map effective date or the map revised date shown on the FIRM panel. This will be the latest of all dates shown on the map. The current FIRM panel effective date can be determined by calling 1-800-358-9616. Item B8. Flood Zone(s). Enter the flood zone, or flood zones, in which the building is located. All flood zones containing the letter "A" or "V" are considered Special Flood Hazard Areas. The flood zones are A, AE, A1–A30, V, VE, V1–V30, AH, AO, AR, AR/A, AR/AE, AR/A1–A30, AR/AH, and AR/AO. Each flood zone is defined in the legend of the FIRM panel on which it appears. Item B9. Base Flood Elevation(s). Using the appropriate Flood Insurance Study (FIS) Profile, Floodway Data Table, or FIRM panel, locate the property and enter the BFE (or base flood depth) of the building site. If the building is located in more than 1 flood zone in Item B8, list all appropriate BFEs in Item B9. BFEs are shown on a FIRM or FIS Profile for Zones A1–A30, AE, AH, V1–V30, VE, AR, AR/A, AR/AE, AR/A1–A30, AR/AH, and AR/AO; flood depth numbers are shown for Zone AO. Use the AR BFE if the building is located in any of Zones AR/A, AR/AE, AR/A1–A30, AR/AH, or AR/AO. In A or V zones where BFEs are not provided on the FIRM, BFEs may be available from another source. For example, the community may have established BFEs or obtained BFE data from other sources for the building site. For subdivisions and other developments of more than 50 lots or 5 acres, establishment of BFEs is required by the community's floodplain management ordinance. If a BFE is obtained from another source, enter the BFE in Item B9. In an A Zone where BFEs are not available, complete Section E and enter N/A for Section B, Item B9. Enter the BFE to the nearest tenth of a foot (nearest tenth of a meter, in Puerto Rico). Item B10. Indicate the source of the BFE that you entered in Item B9. If the BFE is from a source other than FIS Profile, FIRM, or community, describe the source of the BFE. Item B11. Indicate the elevation datum to which the elevations on the applicable FIRM are referenced as shown on the map legend. The vertical datum is shown in the Map Legend and/or the Notes to Users on the FIRM. Item B12. Indicate whether the building is located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA). (OPAs are portions of coastal barriers that are owned by Federal, State, or local governments or by certain non-profit organizations and used primarily for natural resources protection.) Federal flood insurance is prohibited in designated CBRS areas or OPAs for buildings or manufactured (mobile) homes built or substantially improved after the date of the CBRS or OPA designation. For the first CBRS designations, that date is October 1, 1983. Information about CBRS areas and OPAs may be obtained on the FEMA web site at https://www.fema.gov/ national-flood-insurance-program/coastal-barrier-resources-system. SECTION C – BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) Complete Section C if the building is located in any of Zones A1–A30, AE, AH, A (with BFE), VE, V1–V30, V (with BFE), AR, AR/A, AR/AE, AR/A1–A30, AR/AH, or AR/AO, or if this certificate is being used to support a request for a LOMA or LOMR-F. If the building is located in Zone AO or Zone A (without BFE), complete Section E instead. To ensure that all required elevations are obtained, it may be necessary to enter the building (for instance, if the building has a basement or sunken living room, split-level construction, or machinery and equipment). Surveyors may not be able to gain access to some crawlspaces to shoot the elevation of the crawlspace floor. If access to the crawlspace is limited or cannot be gained, follow one of these procedures. • Use a yardstick or tape measure to measure the height from the floor of the crawlspace to the "next higher floor," and then subtract the crawlspace height from the elevation of the "next higher floor." If there is no access to the NFIP Elevation Certificate Instructions –Page 3 of 9 Instructions for Completing the Elevation Certificate (continued) crawlspace, use the exterior grade next to the structure to measure the height of the crawlspace to the "next higher floor." • Contact the local floodplain administrator of the community in which the building is located. The community may have documentation of the elevation of the crawlspace floor as part of the permit issued for the building. • If the property owner has documentation or knows the height of the crawlspace floor to the next higher floor, try to verify this by looking inside the crawlspace through any openings or vents. In all 3 cases, use the Comments area of Section D to provide the elevation and a brief description of how the elevation was obtained. Item C1. Indicate whether the elevations to be entered in this section are based on construction drawings, a building under construction, or finished construction. For either of the first 2 choices, a post-construction Elevation Certificate will be required when construction is complete. If the building is under construction, include only those elevations that can be surveyed in Items C2.a–h. Use the Comments area of Section D to provide elevations obtained from the construction plans or drawings. Select "Finished Construction" only when all machinery and/or equipment such as furnaces, hot water heaters, heat pumps, air conditioners, and elevators and their associated equipment have been installed and the grading around the building is completed. Item C2. A field survey is required for Items C2.a–h. Most control networks will assign a unique identifier for each benchmark. For example, the National Geodetic Survey uses the Permanent Identifier (PID). For the benchmark utilized, provide the PID or other unique identifier assigned by the maintainer of the benchmark. For GPS survey, indicate the benchmark used for the base station, the Continuously Operating Reference Stations (CORS) sites used for an On-line Positioning User Service (OPUS) solution (also attach the OPUS report), or the name of the Real Time Network used. Also provide the vertical datum for the benchmark elevation. All elevations for the certificate, including the elevations for Items C2.a–h, must use the same datum on which the BFE is based. Show the conversion from the field survey datum used if it differs from the datum used for the BFE entered in Item B9 and indicate the conversion software used. Show the datum conversion, if applicable, in the Comments area of Section D. For property experiencing ground subsidence, the most recent reference mark elevations must be used for determining building elevations. However, when subsidence is involved, the BFE should not be adjusted. Enter elevations in Items C2.a–h to the nearest tenth of a foot (nearest tenth of a meter, in Puerto Rico). Items C2.a–d. Enter the building elevations (excluding the attached garage) indicated by the selected building diagram (Item A7) in Items C2.a–c. If there is an attached garage, enter the elevation for top of attached garage slab in Item C2.d. (Because elevation for top of attached garage slab is self-explanatory, attached garages are not illustrated in the diagrams.) If the building is located in a V zone on the FIRM, complete Item C2.c. If the flood zone cannot be determined, enter elevations for all of Items C2.a–h. For buildings in A zones, elevations a, b, d, and e should be measured at the top of the floor. For buildings in V zones, elevation c must be measured at the bottom of the lowest horizontal structural member of the floor (see drawing below). For buildings elevated on a crawlspace, Diagrams 8 and 9, enter the elevation NFIP Elevation Certificate Instructions –Page 4 of 9 Instructions for Completing the Elevation Certificate (continued) of the top of the crawlspace floor in Item C2.a, whether or not the crawlspace has permanent flood openings (flood vents). If any item does not apply to the building, enter "N/A" for not applicable. Item C2.e. Enter the lowest platform elevation of at least 1 of the following machinery and equipment items: elevators and their associated equipment, furnaces, hot water heaters, heat pumps, and air conditioners in an attached garage or enclosure or on an open utility platform that provides utility services for the building. Note that elevations for these specific machinery and equipment items are required in order to rate the building for flood insurance. Local floodplain management officials are required to ensure that all machinery and equipment servicing the building are protected from flooding. Thus, local officials may require that elevation information for all machinery and equipment, including ductwork, be documented on the Elevation Certificate. If the machinery and/or equipment is mounted to a wall, pile, etc., enter the platform elevation of the machinery and/or equipment. Indicate machinery/equipment type and its general location, e.g., on floor inside garage or on platform affixed to exterior wall, in the Comments area of Section D or Section G, as appropriate. If this item does not apply to the building, enter "N/A" for not applicable. Items C2.f–g. Enter the elevation of the ground, sidewalk, or patio slab immediately next to the building. For Zone AO, use the natural grade elevation, if available. This measurement must be to the nearest tenth of a foot (nearest tenth of a meter, in Puerto Rico) if this certificate is being used to support a request for a LOMA or LOMR-F. Item C2.h. Enter the lowest grade elevation at the deck support or stairs. For Zone AO, use the natural grade elevation, if available. This measurement must be to the nearest tenth of a foot (nearest tenth of a meter, in Puerto Rico) if this certificate is being used to support a request for a LOMA or LOMR-F. SECTION D – SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION Complete as indicated. This section of the Elevation Certificate may be signed by only a land surveyor, engineer, or architect who is authorized by law to certify elevation information. Place your license number, your seal (as allowed by the State licensing board), your signature, and the date in the box in Section D. You are certifying that the information on this certificate represents your best efforts to interpret the data available and that you understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. Use the Comments area of Section D to provide datum, elevation, openings, or other relevant information not specified elsewhere on the certificate. SECTION E – BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) Complete Section E if the building is located in Zone AO or Zone A (without BFE). Otherwise, complete Section C instead. Explain in the Section F Comments area if the measurement provided under Items E1–E4 is based on the "natural grade." Items E1.a and b. Enter in Item E1.a the height to the nearest tenth of a foot (tenth of a meter in Puerto Rico) of the top of the bottom floor (as indicated in the applicable diagram) above or below the highest adjacent grade (HAG). Enter in Item E1.b the height to the nearest tenth of a foot (tenth of a meter in Puerto Rico) of the top of the bottom floor (as indicated in the applicable diagram) above or below the lowest adjacent grade (LAG). For buildings in Zone AO, the community's floodplain management ordinance requires the lowest floor of the building be elevated above the highest adjacent grade at least as high as the depth number on the FIRM. Buildings in Zone A (without BFE) may qualify for a lower insurance rate if an engineered BFE is developed at the site. Item E2. For Building Diagrams 6–9 with permanent flood openings (see pages 8–9), enter the height to the nearest tenth of a foot (tenth of a meter in Puerto Rico) of the next higher floor or elevated floor (as indicated in the applicable diagram) above or below the highest adjacent grade (HAG). Item E3. Enter the height to the nearest tenth of a foot (tenth of a meter in Puerto Rico), in relation to the highest adjacent grade next to the building, for the top of attached garage slab. (Because elevation for top of attached garage slab is self-explanatory, attached garages are not illustrated in the diagrams.) If this item does not apply to the building, enter "N/A" for not applicable. Item E4. Enter the height to the nearest tenth of a foot (tenth of a meter in Puerto Rico), in relation to the highest adjacent grade next to the building, of the platform elevation that supports the machinery and/or equipment servicing the building. Indicate machinery/equipment type in the Comments area of Section F. If this item does not apply to the building, enter "N/A" for not applicable. NFIP Elevation Certificate Instructions –Page 5 of 9 Instructions for Completing the Elevation Certificate (continued) Item E5. For those communities where this base flood depth is not available, the community will need to determine whether the top of the bottom floor is elevated in accordance with the community's floodplain management ordinance. SECTION F – PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION Complete as indicated. This section is provided for certification of measurements taken by a property owner or property owner's representative when responding to Sections A, B, and E. The address entered in this section must be the actual mailing address of the property owner or property owner's representative who provided the information on the certificate. SECTION G – COMMUNITY INFORMATION (OPTIONAL) Complete as indicated. The community official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Section C may be filled in by the local official as provided in the instructions below for Item G1. If the authorized community official completes Sections C, E, or G, complete the appropriate item(s) and sign this section. Check Item G1 if Section C is completed with elevation data from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. Indicate the source of the elevation data and the date obtained in the Comments area of Section G. If you are both a community official and a licensed land surveyor, engineer, or architect authorized by law to certify elevation information, and you performed the actual survey for a building in Zones A1–A30, AE, AH, A (with BFE), VE, V1–V30, V (with BFE), AR, AR/ A, AR/A1–A30, AR/AE, AR/AH, or AR/AO, you must also complete Section D. Check Item G2 if information is entered in Section E by the community for a building in Zone A (without a FEMA-issued or community-issued BFE) or Zone AO. Check Item G3 if the information in Items G4–G10 has been completed for community floodplain management purposes to document the as-built lowest floor elevation of the building. Section C of the Elevation Certificate records the elevation of various building components but does not determine the lowest floor of the building or whether the building, as constructed, complies with the community's floodplain management ordinance. This must be done by the community. Items G4–G10 provide a way to document these determinations. Item G4. Permit Number. Enter the permit number or other identifier to key the Elevation Certificate to the permit issued for the building. Item G5. Date Permit Issued. Enter the date the permit was issued for the building. Item G6. Date Certificate of Compliance/Occupancy Issued. Enter the date that the Certificate of Compliance or Occupancy or similar written official documentation of as-built lowest floor elevation was issued by the community as evidence that all work authorized by the floodplain development permit has been completed in accordance with the community's floodplain management laws or ordinances. Item G7. New Construction or Substantial Improvement. Check the applicable box. "Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a building, the cost of which equals or exceeds 50 percent of the market value of the building before the start of construction of the improvement. The term includes buildings that have incurred substantial damage, regardless of the actual repair work performed. Item G8. As-built lowest floor elevation. Enter the elevation of the lowest floor (including basement) when the construction of the building is completed and a final inspection has been made to confirm that the building is built in accordance with the permit, the approved plans, and the community's floodplain management laws or ordinances. Indicate the elevation datum used. Item G9. BFE. Using the appropriate FIRM panel, FIS Profile, or other data source, locate the property and enter the BFE (or base flood depth) of the building site. Indicate the elevation datum used. Item G10. Community's design flood elevation. Enter the elevation (including freeboard above the BFE) to which the community requires the lowest floor to be elevated. Indicate the elevation datum used. Enter your name, title, and telephone number, and the name of the community. Sign and enter the date in the appropriate blanks. NFIP Elevation Certificate Instructions –Page 6 of 9 Building Diagrams The following diagrams illustrate various types of buildings. Compare the features of the building being certified with the features shown in the diagrams and select the diagram most applicable. Enter the diagram number in Item A7, the square footage of crawlspace or enclosure(s) and the area of flood openings in square inches in Items A8.a–c, the square footage of attached garage and the area of flood openings in square inches in Items A9.a–c, and the elevations in Items C2.a–h. In A zones, the floor elevation is taken at the top finished surface of the floor indicated; in V zones, the floor elevation is taken at the bottom of the lowest horizontal structural member (see drawing in instructions for Section C). DIAGRAM 1A All slab-on-grade single- and multiple-floor buildings (other than split-level) and high-rise buildings, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature – The bottom floor is at or above ground level (grade) on at least 1 side.* DIAGRAM 2A All single- and multiple-floor buildings with basement (other than split-level) and high-rise buildings with basement, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature – The bottom floor (basement or underground garage) is below ground level (grade) on all sides.* * A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office, garage, workshop, etc. DIAGRAM 2B All single- and multiple-floor buildings with basement (other than split-level) and high-rise buildings with basement, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature – The bottom floor (basement or underground garage) is below ground level (grade) on all sides; most of the height of the walls is below ground level on all sides; and the door and area of egress are also below ground level on all sides.* DIAGRAM 1B All raised-slab-on-grade or slab-on-stem-wall-with-fill single- and multiple-floor buildings (other than split- level), either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature – The bottom floor is at or above ground level (grade) on at least 1 side.* NFIP Elevation Certificate Instructions –Page 7 of 9 Building Diagrams DIAGRAM 3 All split-level buildings that are slab-on-grade, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature – The bottom floor (excluding garage) is at or above ground level (grade) on at least 1 side.* DIAGRAM 4 All split-level buildings (other than slab-on-grade), either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature – The bottom floor (basement or underground garage) is below ground level (grade) on all sides.* DIAGRAM 5 All buildings elevated on piers, posts, piles, columns, or parallel shear walls. No obstructions below the elevated floor. Distinguishing Feature – For all zones, the area below the elevated floor is open, with no obstruction to flow of floodwaters (open lattice work and/or insect screening is permissible). DIAGRAM 6 All buildings elevated on piers, posts, piles, columns, or parallel shear walls with full or partial enclosure below the elevated floor. Distinguishing Feature – For all zones, the area below the elevated floor is enclosed, either partially or fully. In A Zones, the partially or fully enclosed area below the elevated floor is with or without openings** present in the walls of the enclosure. Indicate information about enclosure size and openings in Section A – Property Information. * A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office, garage, workshop, etc. ** An "opening" is a permanent opening that allows for the free passage of water automatically in both directions without human intervention. Under the NFIP, a minimum of 2 openings is required for enclosures or crawlspaces. The openings shall provide a total net area of not less than 1 square inch for every square foot of area enclosed, excluding any bars, louvers, or other covers of the opening. Alternatively, an Individual Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES) must be submitted to document that the design of the openings will allow for the automatic equalization of hydrostatic flood forces on exterior walls. A window, a door, or a garage door is not considered an opening; openings may be installed in doors. Openings shall be on at least 2 sides of the enclosed area. If a building has more than 1 enclosed area, each area must have openings to allow floodwater to directly enter. The bottom of the openings must be no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. For more guidance on openings, see NFIP Technical Bulletin 1. NFIP Elevation Certificate Instructions –Page 8 of 9 Building Diagrams DIAGRAM 8 All buildings elevated on a crawlspace with the floor of the crawlspace at or above grade on at least 1 side, with or without an attached garage. Distinguishing Feature – For all zones, the area below the first floor is enclosed by solid or partial perimeter walls. In all A zones, the crawlspace is with or without openings** present in the walls of the crawlspace. Indicate information about crawlspace size and openings in Section A – Property Information. DIAGRAM 9 All buildings (other than split-level) elevated on a sub- grade crawlspace, with or without attached garage. Distinguishing Feature – The bottom (crawlspace) floor is below ground level (grade) on all sides.* (If the distance from the crawlspace floor to the top of the next higher floor is more than 5 feet, or the crawlspace floor is more than 2 feet below the grade [LAG] on all sides, use Diagram 2A or 2B.) DIAGRAM 7 All buildings elevated on full-story foundation walls with a partially or fully enclosed area below the elevated floor. This includes walkout levels, where at least 1 side is at or above grade. The principal use of this building is located in the elevated floors of the building. Distinguishing Feature – For all zones, the area below the elevated floor is enclosed, either partially or fully. In A Zones, the partially or fully enclosed area below the elevated floor is with or without openings** present in the walls of the enclosure. Indicate information about enclosure size and openings in Section A – Property Information. NFIP Elevation Certificate Instructions –Page 9 of 9 * A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office, garage, workshop, etc. ** An "opening" is a permanent opening that allows for the free passage of water automatically in both directions without human intervention. Under the NFIP, a minimum of 2 openings is required for enclosures or crawlspaces. The openings shall provide a total net area of not less than 1 square inch for every square foot of area enclosed, excluding any bars, louvers, or other covers of the opening. Alternatively, an Individual Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES) must be submitted to document that the design of the openings will allow for the automatic equalization of hydrostatic flood forces on exterior walls. A window, a door, or a garage door is not considered an opening; openings may be installed in doors. Openings shall be on at least 2 sides of the enclosed area. If a building has more than 1 enclosed area, each area must have openings to allow floodwater to directly enter. The bottom of the openings must be no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. For more guidance on openings, see NFIP Technical Bulletin 1. Figure I MAP OF MODELED FLOOD RISK C:\Users\joliverlAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\KOWC2RCN1Flood Mitigation Cost Share Policy (MTC FINAL 3.8.19).doc Exhibit B FLOOD MITIGATION AGREEMENT THIS AGREEMENT is made this day of 2019, by and between the City of Golden Valley, a Minnesota municipal corporation (hereinafter referred to as "City") and , ("Owners") with reference to the following facts and circumstances: WHEREAS, Owners are the fee owner(s) of certain real property situated in the City of Golden Valley, Hennepin County, Minnesota, legally described as follows: Lot , Block , City of Golden Valley, Hennepin County, Minnesota (hereinafter referred to as "Property") WHEREAS, the City has a flood proofing cost share policy adopted by City Council on , 2019; and WHEREAS, Owners have submitted a flood mitigation plan approved by the City on , 2019; and WHEREAS, Owners have agreed to undertake such flood mitigation improvements NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Owners will retain a professional engineer to design the flood mitigation improvements in accordance with Minnesota Rules, Part 1335.1200 (the Minnesota State Building Code) and Minnesota Rules, Part 6120.5900 (the Minnesota Department of Natural Resource Floodplain Management Rules) and set out such improvements in plans ("Plans") which the Owners will submit to the City for review. 2. The Plans shall provide that the top of the flood proofing be at least two feet above the Base Flood Elevation in effect at the time of construction and as defined by City Code. The FEMA Flood Insurance Rate Map or Basset Creek Watershed Management Commission flood model, whichever is more restrictive, will be used to determine the Base Flood Elevation. 3. The Plans shall be reviewed by the City Engineer, who may require modifications. The City shall review the Plans and may require changes to the Plans as needed. 1 4. The Owners shall apply for and obtain a City Stormwater Management Permit after the Plans have been approved by the City Engineer. Additional permits from the City and other governmental entities may be required and will be determined at the time of application. 5. Owners must receive a minimum of two bids from separate contractors in order to be eligible for reimbursement. Bids must be reviewed and approved by the City prior to Owners entering into contract with selected contractor. 6. The Owners shall provide the City with a certificate of insurance from its contractor indicating that the contractor has liability insurance in the amount of the current statutory limits specified in Minnesota Statutes, Chapter 466. The City shall be named on such policy as additionally insured. 7. The Owners shall cause the work to be constructed according to the Plans and pay all engineers, contractors, suppliers and others involved in making the improvements all money due them. The Owners shall obtain receipts and Lien Waivers from each payee demonstrating that they have been paid in full prior to reimbursement by the City. 8. Upon completion of the flood proofing work, the Owners shall submit a record drawing prepared by the Owners' engineer certifying that the work was constructed according to the Plans. 9. The Owner shall be solely responsible for the maintenance of the flood proofing improvements, and shall bear all costs of such maintenance. 10.Upon the Owner's request and submittal eligible costs will be reimbursed for the flood proofing, including permitting, engineering and design, and construction costs. 11.Upon receiving satisfactory evidence that all engineers, contractors, suppliers or others associated with the completion of the flood proofing have been paid in full, the City will, at the next available City Council meeting, authorize reimbursement to the Owners for % of the eligible costs. The cost of improvements shall not exceed $ and the reimbursable amount shall not exceed 12.The terms and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. 13.City is not liable or responsible for flood mitigation improvement or its future maintenance, inspection, or performance, or damages caused by flooding. 2 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. Owner Owner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of , 2019, by and Notary Public CITY OF GOLDEN VALLEY By Shepard M. Harris, Mayor By Timothy J. Cruikshank, City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was executed and acknowledged before me on this day of 2019, by Shepard M. Harris and Timothy J. Cruikshank, Mayor and City Manager, respectively, of the City of Golden Valley, a Minnesota municipal corporation. Notary Public This instrument drafted by: 3 Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 60-day Deadline: April 9, 2019 Agenda Item 6. B. Golden Hills Business Park PUD No. 78, Amendment #1 – 5900 & 6100 Golden Hills Drive Prepared By Emily Goellner, Senior Planner/Grant Writer Summary Eagle Ridge Partners is proposing to amend the PUD Permit for the Golden Hills Business Park PUD No. 78 in order to facilitate a shift in the makeup of tenants and to construct the parking lot modifications necessary to support the change. Background The Golden Hills Business Park PUD was approved in September of 1998. It was approved as an office-warehouse campus consisting of two buildings on a 14.68-acre site located between Laurel Avenue, Colorado Avenue, Golden Hills Drive, and the Canadian Pacific Railroad. A condition included in the PUD permit limited the amount of office space allowed due to insufficient parking capacity. The building was recently purchased and the new property owner is requesting the first amendment to the PUD. Eagle Ridge Partners is proposing to replace the warehouse and manufacturing uses with office uses over time. As the tenant configuration changes within the buildings, the loading docks on the north side of the buildings will no longer be necessary. At the same time, the minimum parking requirement will increase if manufacturing space is replaced with office space. In order to provide the required number of parking spaces, the applicant is proposing to replace the existing loading docks with parking spaces, reconfigure the parking lot, and add landscaping. They would also like to add a walkway connection from the south parking area to Golden Hills Drive. Analysis Staff supports the change in tenant composition as long as the applicant can continue to meet the City’s minimum parking requirements at all times. As uses flip from manufacturing to office, the property owner must continue to ensure that there is adequate parking on site. Initial work would be done in 2019 to improve the parking areas; additional work would be done by 2025 to complete the transition to all-office buildings. In order to help balance parking demand between the two lots, the applicant would like to establish a cross-parking agreement since there is excess parking available on the western lot that could be utilized by the tenants of the eastern building. The changes in the square footages of uses and parking spaces in the proposed PUD amendment are outlined below: Parking Spaces Required Existing Proposed Existing Uses in 2019 5900 Golden Hills Drive: Manufacturing Office 6100 Golden Hills Drive: Manufacturing Office 35,846 sf 56,533 sf 6,000 sf 74,289 sf 72 227 299 12 298 310 Total: 609 253 368 Total: 621 269 415 Total: 684 Proposed Uses in 2025 5900 Golden Hills Drive: Manufacturing Office 6100 Golden Hills Drive: Manufacturing Office 0 sf 92,379 sf 0 sf 80,289 sf 0 370 0 322 Total: 692 314 415 Total: 729 As the amount of manufacturing and warehouse space within the PUD decreases, the number of visits to the site by large trucks will decrease. When the loading docks are removed from Building 1 as part of the final phase of work, staff will require the middle driveway onto Laurel Avenue be removed. This will remove a conflict point with the railroad and improve safety for the planned on- street bicycle lanes. A walkway easement along Laurel Avenue is needed to provide sufficient space for the City’s planned off-street trail to cross the adjacent railroad tracks in a manner that meets ADA requirements. The applicant has agreed to provide the easement and an exhibit and description are attached. The proposed layout for the modified parking areas shows two new rows of 28 uninterrupted stalls and one row of 25 uninterrupted stalls. Zoning requirements call for a landscaped break “approximately every 24 spaces.” Staff will require the plans be revised to show breaks added to the two rows of 28 parking spaces. A new walkway is proposed through a landscaped berm to connect the south parking area to the new sidewalk being installed along Golden Hills Drive. The new walkway is shown as terminating between two parking spaces. Staff will require the alignment be adjusted so that it terminates in an open space striped to prohibit parking or be relocated to better provide pedestrian access to Golden Hills Drive. It is preferred that a marked pedestrian connection be established all the way through the parking lot in order to create a dedicated path to the building. A number of drainage and utility easements are present within the PUD. As these cover private utilities, they are no longer needed and staff will require them to be vacated. New maintenance agreements must be drafted with the property owner to ensure the long term viability of these utilities. The criteria for classifying amendments to PUDs are outlined in the City Code and, based on the type of modification being requested, staff has processed this proposal as a Minor PUD Amendment, which requires review by the City Council. The Council may approve or deny a Minor PUD Amendment by a simple majority vote without a public hearing or may refer the matter to the Planning Commission for its input and recommendation. Based on the above analysis of the proposal, staff recommends approval of the plans for Golden Hills Business Park PUD No. 78, Amendment #1, subject to the following conditions: 1. As tenants in the building change, the minimum parking requirements must always be in compliance with the City Code. 2. A cross-parking agreement shall be recorded between the two properties to ensure the City’s minimum parking requirements are met. 3. A minimum of one landscaped break shall be added to each of the two new rows of 28 parking spaces at Golden Hills II in conformance with the City’s parking lot requirements. 4. The applicant shall work with staff to modify or relocate the new sidewalk connecting the south parking area with the sidewalk along Golden Hill Drive. 5. A public walkway easement shall be recorded along Laurel Avenue to provide sufficient space for the planned off-street trail to cross the railroad tracks while meeting ADA requirements. 6. All drainage and utility easements over private utilities within the PUD shall be vacated and new agreements shall be drafted to provide for maintenance of the utilities. 7. Prior to the removal of the loading docks from the north side of the building at 5900 Golden Hills Drive, the property owner shall remove the middle driveway onto Laurel Avenue and regrade and vegetate the area to the satisfaction of City staff. Attachments • Location Map (1 page) • Narrative (3 page) • Walkway Exhibit and Description (2 pages) • PUD Permit – Golden Hills Business Park PUD No. 78, Amendment #1, underlined/overstruck (5 pages) • Plans received March 13, 2019 (10 pages) Recommended Action Motion to approve the plans for Golden Hills Business Park PUD No. 78, Amendment #1, as conditioned by staff, and to authorize the Mayor and City Manager to sign the amended PUD Permit. Subject Properties 275 Market Street, Suite 184 ∙ Minneapolis, MN 5540 5 | Phone: 612.843.2236 Minor PUD Amendment Application – PUD No. 78 5900 & 6100 Golden Hills Drive, Golden Valley Parcel Basics The existing site is 639,668 SF (14.68 acres) and is currently developed with two commercial buildings – Golden Hills I (5900 Golden Hills Drive) is 80,289 SF and Golden Hills II (6100 Golden Hills Drive) is 92,379 SF. Both buildings are office-warehouse format with 621 existing on-site parking stalls. The property is bound by Golden Hills Drive to the south, Colorado Ave S to the west, Laurel Ave to the north, and The Xenia apartment development to the east. Project Narrative & Outline Eagle Ridge Partners, as Agent for AE Golden Hills Owner 5900 LLC and AE Golden Hills Owner 6100 LLC is submitting the attached minor PUD amendment application to reconfigure the existing parking lots to better accommodate the existing and future tenant population at the buildings, remove the office SF limitation per PUD No. 78 at 5900 Golden Hills Drive, and record a cross-parking easement agreement. The proposed reconfiguring of the parking lot will provide better access to all tenants in the buildings from Golden Hills Drive and Laurel Avenue. A sidewalk will also be added connecting the buildings to the new sidewalk that is planned for Golden Hills Drive. This will encourage tenants of the buildings to utilize the public walkway as well as walk to restaurants and shopping in the surrounding area. The current plan is also designed to add trees and bushes that not currently existing on the site. This will increase the overall aesthetic of the parking lot and buildings. Variance Requests The proposed plans includes three variance requests: 1. Parking Setback a. The required parking setback to principal structure is 10,’ we are requesting a 0’ setback on the north side of the buildings. This is the dock area of the buildings and the parking stalls that require the variance are being proposed where dock doors are no longer being used by office tenants. 2. Internal Landscaping a. The required internal landscaping is 4% of the interior parking lot. We are requesting a 2.8% variance. The existing internal landscaping is 3.1% so there is a slight decrease in internal landscaping from existing conditions. 3. Landscape Break a. The required landscape break is approximately every 24 parking stalls. We are requesting a variance for up to 31 parking stalls. The existing site currently has a row of 31 stalls and two rows of 28 stalls. We are requesting a variance for these existing stalls as well as two additional rows of 28 stalls at Golden Hills II and a row of 25 stalls at Golden Hills I (future construction). This variance request is in-line with the Golden Valley Comprehensive Plan for commercial office and industrial uses. The buildings continue to be well -occupied and significant employment area for Golden Valley companies. 275 Market Street, Suite 184 ∙ Minneapolis, MN 5540 5 | Phone: 612.843.2236 The above requested variances will allow the property to continue and further become an employment and tax generator for the City. This variance will not affect the light and air to adjacent properties, increase traffic congestion or increase the danger of fire, endanger the public safety, or diminish property values within the neighborhood. Expected Development Schedule The proposed site plan would be constructed in the summer of 2019. The future parking at Golden Hills I, would not be constructed until all tenants in the building are 100% office and no longer require dock access. We do not anticipate this to be any earlier than 2025. Building Size, Tenants, & Uses Golden Hills I Building size: 92,379 SF Existing on-site parking stalls: 253 stalls Tenant Warehouse (SF) Office (SF) Total (SF) Stalls Req. Lease CyberOptics Corp. 30,798 30,410 61,208 160 Taiyo International 4,086 4,394 8,480 34 Core Income Advisors 0 9,870 9,870 35 Virteva LLC 962 11,859 12,821 36 Total req. stalls: 265 Tenant Uses - CyberOptics Corporation o Serves as Headquarter location that houses all business units including production, warehouse, and sales. Employee count varies by the number of sales representatives that are in the office on a day to day basis. - Taiyo International o Office serves as North American sales headquarters. Since these are primarily sales employees, they are often out of the office and not impacting parking needs. - Core Income Advisors o Office serves and headquarters location. Core Income Advisors employs 5 advisors and a small support staff, therefore not meeting their allotted number of parking stalls. They have meetings with clients at the building, which varies from only 1-4 individuals at a time. - Virteva LLC o Office serves as service and customer support center for business operations. Golden Hills II Building size: 80,289 SF Existing on-site parking stalls: 368 stalls Tenant Warehouse (SF) Office (SF) Total (SF) Stalls Req. Lease Virteva LLC 0 19,016 19,016 87 Success Computer 0 15,057 15,057 56 Integra Telecom 6000 40,216 46,216 185 Total req. stalls: 328 275 Market Street, Suite 184 ∙ Minneapolis, MN 5540 5 | Phone: 612.843.2236 Tenant Uses - Virteva LLC o Office serves as headquarter locations and includes all business units. - Success Computer o Success Computer employs a significant number of outside sales representatives that often work remotely and therefore decrease the parking demand. - Integra Telecom o Office serves as Integra’s Midwest operations office. Integra is currently only occupying around 40% of their space, including warehouse and therefore minimally impacting parking at the property. Combined Parking Analysis – Golden Hills I & II Existing on-site parking stalls: 621 stalls Parking stalls required per leases (or 1/250 SF office; 1/500 SF office): 593 stalls PUD Amendment Request PUD No 78, which governs the use of Golden Hills I and II, currently limits the amount of office SF at 5900 Golden Hills Drive to 57,000 SF. We are requesting that the limitation of office SF within the building be removed. We are not requesting to change the number of parking stalls that the PUD requires for office and warehouse uses. The PUD currently requires 1 stall/500 SF of warehouse and 1 stall/250 SF of office. Our intent is that the property owner is required to comply with these requirements, which will ultimately determine the number of parking stalls needed and required at the properties. In addition, since there is substantially more parking available at 6100 Golden Hills Drive, we are requesting a cross-parking easement agreement be recorded between the two properties. Stormwater Management & Erosion Control The sites currently have a combined 73% of impervious coverage and our proposed plans do not change this amount. Due to this, the sites do not meet the Bassett Creek Watershed District’s water quality treatment threshold for new/reconstructed impervious area. As a result, no changes are needed to the stormwater management system. The total disturbed impervious will be 13,781 SF (3% of total impervious), which exceeds the Bassett Creek Watershed District’s disturbed area threshold and will require erosion control plan review by the Watershed. We intend to submit for review after final plans have been approved by the City of Golden Valley. U) 0 N N.E. CORNER OF LOT 2, BLOCK 1, —� I—N. W. CORNER OF LOT 2 LAUREL AVENUE GOLDEN HILLS WEST P.U.D. NO. 78 1 I POINT OF BEGINNING-` I 1 _ S8959'09"W 661.05 (N8750'03"E 661.06 PLAT) 1 \ N. LINE OF LOT 2 S895 0. 9'09"W 3000 110.00=� 1 SOVO'51'E- ,----------------- J--NO-0051"W 20.00 - - N89 59'09 E 300.00 --- 20.00 1 "T L.V I 2 D .�O C14 3 0 OQO 1 � ^T I �� -7-� \7 llL_LJV L-1�71L_L_.� VVL I .V. L/. 1Vll. / fL N89 43'47"E 478.90 / GOLDEN HILLS DRIVE 1-N. W. CORNER OF LOT 2 SUMMARY V R� Q ryo� �0 a� hry �ry i --S.E. CORNER OF LOT 2 ��tittli�llfill////�� EASEMENT AREA N I hereby certify that this surv�``��p��E,bF;;,; TF�O�, 6,000 sq. ft. / 0.1378 acres report was prepared by me c` ` my supervision and that I am *Licensed Land Surveyor under the 13r thbl6ffED of Minnesota. ^*; LAND `* 0 100 200 Date: January 24, 2019 ; SURVEYOR ,3536 e�.:,`�� SCALE IN FEET r� •.,,�,,,..•°�S�O�� Bearings based on NAD 83, Minnesota Licenseistooer A. No.o53536 ''�i/!Uj/!j/i�jjjtNl��,��` Hennepin County, MN grid system HERA1229 Tyler Street NE, Suite 100 EXHIBIT "A" Minneapolis. Minnesota 55413 LOT 2, BLOCK 1, RHONE: (612) 466.3300 GOLDEN HILLS WEST P.U.D. NO. 78 FAX: (612) 466-3383 Egan, Field &Nowak, Inc. WWW.EFNSURVEY.COM SEC. 4, TWP. 117 N, RGE. 21 W, land surveyors since 1872 awlSHre 2M9BymwFELD&NOWAK.W- HENNEPIN COUNTY, MINNESOTA SHS 1 OF 2 EFN FILE NO. 392 EFN PROJECT NO. 3837; A perpetual easement for sidewalk purposes over, under, and across that part of Lot 1, Block 1, GOLDEN HILLS WEST P.U.D. NO. 78, described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 59 minutes 09 seconds West, along the north line of said Lot 2, a distance of 110.00 feet to the point of beginning of said easement to be described; thence continuing South 89 degrees 59 minutes 09 seconds West, along said north line, a distance of 300.00 feet; thence South 00 degrees 00 minutes 51 seconds East, a distance of 20.00 feet; thence North 89 degrees 59 minutes 09 seconds East, a distance of 300.00 feet; thence North 00 degrees 00 minutes 51 seconds West, a distance of 20.00 feet to the point of beginning. 1229 Tyler Street NE, Suite 100 EXHIBIT "A" Minneapolis. Minnesota 55413 LOT 2, BLOCK 1, ris"myPMAX:( (612) 6.33300GOLDEN HILLS WEST P.U.D. NO. 78 fAX: (612) 466.3383an, Field & Nowak, Inc. WWW.EFNSUfZVEY.COM SEC. 4, TWP. 117 N, RGE. 21 W,2 OF 2 d surveyors since 8�2 C°`"°°1TO 2M9ByMAK FIELD&NOW"`W- HENNEPIN COUNTY, MINNESOTA SHUT EFN FILE NO. 392 EFN PROJECT NO. 38373 Golden Hills Business Park City Council Approval: October 6, 1998 Amendment #1 City Council Approval: March 19, 2019 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Golden Hills West P.U.D. No. 78 Location: 5900 and 6100 Golden Hills Drive, Golden Valley, MN Legal Description: Lot 1, Block 1, GOLDEN HILLS WEST 4TH ADDITION, and Lot 1, Block 1, GOLDEN HILLS WEST 3RD ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota Applicant: Duke Realty Investments, Inc. Eagle Ridge Partners as Agent for AE 5900 Golden Hills Owner LLC & AE 6100 Golden Hills Owner LLC Address: 1550 Utica Ave. So., #120, St. Louis Park, Minnesota 275 Market Street, Suite 184, Minneapolis, MN 55405 Owner: Duke Realty Investments, Inc. AE 5900 Golden Hills Owner LLC & AE 6100 Golden Hills Owner LLC Address: 1550 Utica Ave. So., #120, St. Louis Park, Minnesota 275 Market Street, Suite 184, Minneapolis, MN 55405 Zoning District: Industrial PUD # 78 (underlying zoning I-394 Mixed Use) Permitted Uses: Two-building office/light industrial campus. Components: A. Land Use 1. Site Plan Sheet A1.2, prepared by Edward Farr Architects Inc. and dated 8-24-98, and plans prepared by Élan Design and dated ______, shall be made part of the approved PUD permit, except that where the depiction of allowed improvements on the easterly (CyberOptics) lot is not of sufficient detail to resolve a particular question, plans on file in the Inspections Department for original construction of that building may be substituted at the discretion of Inspections staff. Golden Hills West P.U.D. No. 78 Page 2 2. Specific permitted uses on either lot may consist of: a. general offices but no medical offices, with the easterly (CyberOptics) building additionally limited to no more than 57,000 gross square feet of office space. b. office support services like cafeterias or snack bars, copying and collating centers, mail centers, or day care, except that no outside advertising shall be allowed for such services in order to maintain their classification as limited accessory uses; with permission from affected building owners/managers, operators of such services may advertise by internal flyers circulated to other buildings in the Golden Hills Central and West areas. c. warehouse uses. d. temporary retail sales as regulated by City code, except that the owner of the other lot must provide written consent for any such proposed sale before the City will approve a temporary retail sale application on either lot. e. manufacturing uses regularly permitted under City zoning provisions without specific restriction, except that the leasing agent(s) should take care to select tenants which do not employ processes or machinery likely to cause a nuisance for other tenants or for adjacent residential and office uses. 3. Outdoor activities shall be limited in the following manner: a. Laurel Avenue driveways to be posted for truck traffic only. b. no rubbish pick-up allowed between the hours of 10 PM and 7 AM. c. no freight truck maneuvering or freight loading or unloading allowed between the hours of 10 PM and 7 AM. d. no freight trucks containing refrigerated or other materials that require constant generator power allowed on site between the hours of 10 PM and 7 AM. e. no outdoor storage of any materials or equipment; this shall include Dumpsters, which are to be kept within the enclosures identified on the approved site plans. 4. Amendment #1 requires the following: • A cross-parking agreement be recorded between the two properties • A public walkway easement be recorded along Laurel Avenue to provide space for an ADA compliant crossing of the railroad tracks • All drainage and utility easement over private utilities shall be vacated and new maintenance agreements drafted Golden Hills West P.U.D. No. 78 Page 3 • Prior to the removal of the loading docks from the north side of 5900 Golden Hills Drive, the middle driveway onto Laurel Avenue shall be removed and the area regraded and vegetated to the satisfaction of City staff B. Appearance 1. Landscape Plan Sheet L1, prepared by Hansen Thorpe Pellinen Olson Inc. with a revision date of 8-24-98, and plans prepared by Élan Design and dated ______, shall be made part of the approved PUD permit, subject to subsequent review by the City’s Building Board of Review and any additional revisions required by that body, which shall also establish the amount of a performance bond to be posted by the applicant. 2. Exterior Elevations Sheet A3.1, prepared by Edward Farr Architects Inc. and dated 8-24-98, shall be made part of the approved PUD permit, subject to subsequent review by the City’s Building Board of Review and any additional requirements of that body. 3. All outdoor facilities and amenities, including overall campus identification and directional signage, shall feature unified or complementary design across both lots. 4. All signage must meet applicable requirements established in City Code. 5. Long-term maintenance, repair, replacement, or additions relating to site landscaping, outdoor facilities and amenities, signage, building facades, and parking/circulation areas on either lot shall be coordinated by legally recorded joint agreement between property owners, subject to approval by the City Attorney as to form and content prior to recording. C. Utilities and Grading 1. Grading, Erosion, and Drainage Plan Sheet C1, prepared by Hansen Thorpe Pellinen Olson Inc. with a revision date of 8-24-98, and Details Plan Sheet C3, prepared by Hansen Thorpe Pellinen Olson Inc. and dated 4-3-98, and plans prepared by Élan Design and dated ______,shall both be made part of the approved PUD permit, subject to subsequent review by the Bassett Creek Water Management Organization and Engineering Department staff, and to any additional requirements of either body. 2. Utility Plan Sheet C2, prepared by Hansen Thorpe Pellinen Olson Inc. with a revision date of 8-24-98, shall be made part of the approved PUD permit, subject to subsequent review by the Engineering Department and Inspections Department staff, and to any additional requirements of either department. 3. Replacement of one existing Laurel Avenue driveway on the easterly lot with a landscaped berm per the approved landscape and grading plan sheets shall be completed within one year of PUD General Plan approval. Golden Hills West P.U.D. No. 78 Page 4 4. Except as specifically provided in the terms of General Plan approval, all on-site improvements must meet the building code, fire code, mechanical code, plumbing code, City sign standards and miscellaneous other City development requirements that would apply for a similar project outside of a PUD. 5. The Metropolitan Waste Commission must review the development proposal and determine an appropriate sewer access charge. 6. No building permits shall be issued until the applicant supplies the City with proof of filing for the PUD plat. This proof shall take the form of a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. Permits for grading and utility work may be issued in the interim, at staff discretion. D. Subdivision Component 1. The subject property shall be platted with the title of “Golden Hills West P.U.D. No. 78.” 2. The PUD plat as filed shall reflect easements for all existing and proposed public utility lines as well as easements over the private water main lines serving each lot. 3. The PUD plat shall be filed within six (6) months after the date of General Plan approval, or the PUD shall be declared null and void. It is hereby understood and agreed that this Use Permit is a part of the City Council approval granted on October 6, 1998, and March 19, 2019. Any changes to the PUD Permit for Golden Hills West P.U.D. No. 78 shall require an amendment. Duke Realty Investments, Inc. Eagle Ridge Partners as Agent for AE 5900 Golden Hills Owner LLC & AE 6100 Golden Hills Owner LLC Witness: ______________________ By: _____________________________ Title: ___________________________ Date: ___________________________ CITY OF GOLDEN VALLEY Witness: ______________________ By: ____________________________ Golden Hills West P.U.D. No. 78 Page 5 Mary E. Anderson Shepard M. Harris, Mayor Date: ____________________________ Witness: _______________________ By: ____________________________ William S. Joynes Timothy J. Cruikshank, City Manager Date: ____________________________ Warning: This permit does not exempt you from all other City Code provisions, regulations and ordinances. GOLDEN HILLS DRIVECOLORADO AVENUE SOUTH LAUREL AVENUEPARCEL 2PARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKP1P2P1P1P1P1P3P4P1R1R2R3R4R5R5R5R5R5R5R5R5R5R5R5R5R5R5R6R4R4R4R4R4R1R1R1R1R1R1R2R2R2R2R2R3R3R3R3R3R3R5R5R3R3R2R3R3R1R3R2R7R3R8R9R3P2P2P5P5R3R2R51DEMOLITION PLAN1" = 50'15050SCALE IN FEET Know what's below. Call before you dig. RC-010DEMOLITION PLAN -2019ERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION LEGENDDEMOLITION NOTESREMOVE BITUMINOUSREMOVE CONCRETE1.BACKGROUND SURVEY PERFORMED BY WENCK ASSOCIATES IN OCTOBER, 2018 ANDTOPOGRAPHIC SURVEY PERFORMED BY EGAN, FIELD, & NOWAK INC., ON JANUARY 8,2019 EXPRESSLY FOR THIS PROJECT. ELAN DESIGN LAB CANNOT GUARANTY THEACCURACY OR COMPLETENESS OF THIS INFORMATION. VERIFY ALL FIELDCONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANYDISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIRCONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED.2.CONTRACTOR SHALL BRING ANY CHANGED OR UNFORESEEN CONDITIONS THATCOULD RESULT IN ADDITIONAL COST TO THE ATTENTION OF THE OWNER ANDENGINEER AS SOON AS THEY ARE DISCOVERED SO THAT THEY CAN BE PROPERLYDOCUMENTED. FAILURE TO NOTIFY OR COVERING UN-WITNESSED WORK SHALLRESULT IN REJECTION OF CLAIMS FOR ADDITIONAL COMPENSATION.3.PROTECT ALL STRUCTURES AND LANDSCAPE NOT LABELED FOR DEMOLITION FROMDAMAGE DURING CONSTRUCTION. ANY ON-SITE OR OFF-SITE AREAS DISTURBEDDIRECTLY OR INDIRECTLY DUE TO CONSTRUCTION SHALL BE RETURNED TO ACONDITION EQUAL TO OR BETTER THAN THE EXISTING CONDITION. CONTRACTOR ISSOLELY RESPONSIBLE FOR ANY CIVIL PENALTIES RESULTING FROM THEIR WORKUNDER THIS CONTRACT.4.NO DEMOLITION MATERIALS SHALL BE DISPOSED OF ON-SITE. ALL DEBRIS SHALL BEHAULED OFF-SITE TO A DISPOSAL AREA APPROVED BY APPROPRIATE GOVERNMENTALAUTHORITIES FOR THE HANDLING OF DEMOLITION DEBRIS. WORK SITE SHALL BE LEFTIN A CONDITION THAT MINIMIZES EROSION POTENTIAL ON A NIGHTLY BASE.5.LIMIT CONSTRUCTION ACTIVITIES TO THE CONSTRUCTION LIMITS SHOWN ON THEPLAN. IF WORK NEEDS TO EXTEND TO PUBLIC STREETS OR RIGHT OF WAY IT IS THECONTRACTOR'S RESPONSIBILITY TO APPLY FOR ALL PERMITS, PREPARE ALL DRAWINGAND PAY ALL FEES AND COST. ALL CONSTRUCTION ACTIVITIES SHALL COMPLY WITHLOCAL ORDINANCES.6.PROVIDE NECESSARY BARRICADES, SUFFICIENT LIGHTS, SIGNS AND OTHER TRAFFICCONTROL METHODS AS MAY BE NECESSARY FOR THE PROTECTION AND SAFETY OFTHE TENANTS AND GENERAL PUBLIC AND MAINTAIN THROUGHOUT THE LIFE OF THEPROJECT.7.REMOVE ALL EXISTING SURFACE SITE FEATURES INCLUDING, BUT NOT LIMITED TO,FENCING, RETAINING WALLS, SCREEN WALLS, CONCRETE APRONS, SITE LIGHTING ANDRELATED FOUNDATIONS, SITE SPECIFIC SIGNAGE AND RELATED FOUNDATIONS,BOLLARDS, AND LANDSCAPING WITHIN THE CONSTRUCTION LIMITS UNLESS NOTEDOTHERWISE.REMOVE CURB & GUTTERP1PROTECT TREEP2PROTECT STORM STRUCTUREP3PROTECT WALLP4PROTECT ELECTRICAL EQUIPMENTR1REMOVE CONCRETE SIDEWALK (TYP)R2REMOVE CONCRETE CURB (TYP)R3SAWCUT AND REMOVE BITUMINOUS PAVEMENT (TYP)R4REMOVE AND SALVAGE ADA SIGNAGE (TYP)R5REMOVE STRIPING (TYP)R6REMOVE CROSSWALK STRIPINGR7REMOVE STAIRSR8REMOVE AND REINSTALL LIGHTR9REMOVE AND SALVAGE "NO PARKING" SIGNP5PROTECT HYDRANT 75' PARKING SETBACK10' P A R K I N G S E T B A C K 30' PARKING SETBACK 35' PARKING SETBACKNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGN O P A R K I N GGOLDEN HILLS DRIVECOLORADO AVENUE SOUTH LAUREL AVENUEPARCEL 2PARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK24'18.5'18.5'33.2'24'18.5'18.5'9'29'32'TYP18.5'18.5'18.5'24' 18.5'18.5'18.5'5285628413117146212046482824225040181836632216510'35'75'30'8'8'8'F-F9'TYP75'35'8'8'9' TYP 18.6'18'25.3'9'TYP9'TYP26'19'18.5'24.7'18.5'18.5'25' 9' TYP18.5'26.9'18.5'18.5'26.9'18.5'18.5'27'18.5'25.7'18.5'17.4'18.7'26'8'8'8'8'8'8'8'8'8'8'8'8'8'8'8'21.3'8'8'8'8'8'8'8'18.5'14714R3.67'R80'R10'R 3 . 6 7 'R10'R3.67'R34'R10'R10'R13'R10'R 1 0 'R3.67 'R10'R10'R3.67'R10'R3. 6 7 ' R 1 0 'R3.67'R3.67'R3.67'R3.67'INTEGRAL VERTICALCURB & WALK (TYP)2C-501SIDEWALK PAVEMENTSECTION (TYP)6C-501BITUMINOUS PAVEMENTSECTION (TYP)5C-501DETECTABLE WARNINGSURFACE (TYP)3C-501PEDESTRIAN CURBRAMP (TYP)4C-501SIDEWALK JOINT (TYP)7C-501ADA PARKINGSIGNAGE (TYP)1C-502ACCESSIBLE STALLLAYOUT (TYP)1C-502REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)REINSTALL ADASIGNAGE (TYP)INSTALL 3 - 24"X24"DETECTABLE WARNINGPLATES4.5'INSTALL 'DO NOT ENTER'SIGNREINSTALLLIGHT POLEFUTURE DECKBY OTHERSCURB LINE RELOCATED TO ADDADDITIONAL PARKING SPOTSCURB LINE RELOCATED TO ADDADDITIONAL PARKING SPOTSCURB LINE RELOCATED TO ADDADDITIONAL PARKING SPOTSLAUREL AVENUE FUTURE WALKWAY EASEMENTBITUMINOUS INTERLOCKAT MATCHLINE (TYP)9C-501REINSTALL"NO PARKING" SIGNB612 CONCRETE CURB& GUTTER (TYP)1C-5013' CURB TRANSITIONENLARGED SITEPLAN2C-100FUTURE SIDEWALK ALONG GOLDEN HILLS DRIVEINSTALLED BY OTHERSEXISTING STAIRS(TYP)EXISTING STAIRS(TYP)STAIRS10C-501BACK OF CURB ABUTTS STAIRLANDING WALL. INSTALL EXPANSIONJOINT BETWEEN LANDING WALL ANDCURB.LANDING AT TOPOF STAIRSLANDING ATBOTTOM OFSTAIRSBACK OF CURBFACE OF CURBEXISTING BRICKWALLBOTTOM STEPTOP STEP1OVERALL SITE PLAN - 2019 PARKING SPOT LAYOUT1" = 50'15050SCALE IN FEET Know what's below. Call before you dig. R1.DIMENSIONS SHOWN ON THIS PLAN ARE TO FACE OF CURB AND EXTERIOR FACE OF BUILDING UNLESSNOTED OTHERWISE.2.MEET AND MATCH EXISTING CONDITIONS. PROVIDE PROPER TRANSITION AS NECESSARY.3.ON-SITE CURB TO BE B612 CONCRETE CURB & GUTTER.4.ALL CURBS TO HAVE 3/4" EXPANSION JOINTS AT A MAXIMUM OF 100'-0" AND CONTROL JOINTS AT AMAXIMUM OF 10'-0".5.ALL PARKING STALLS TO BE PAINTED WITH A 4" WIDE WHITE STRIPING. ACCESSIBLE SYMBOLS TO BEPAINTED IN WHITE AND ACCESSIBILITY ACCESS AISLES TO BE PAINTED WITH A 4" WIDE WHITEPAINTED STRIPE 18 INCHES ON CENTER AND AT 45 DEGREE ANGLE TO STALL, WITH 'NO PARKING'MARKED NEAR THE DRIVE AISLE. REFLECTORIZED PAINT SHALL COMPLY WITH MNDOT 3592.LEGENDCONCRETE SIDEWALKSITE PLAN NOTESC-100OVERALLSITE PLAN - 2019LIGHT DUTY BITUMINOUS PAVEMENTHEAVY DUTY BITUMINOUS PAVEMENTERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION SITE PLAN SUMMARYAREA LOT 1 & LOT 2SITE AREA 639,371 SF. (14.68 AC.) EXISTING PROPOSED - 2019BUILDING172,668 SF. (27%) 172,668 SF. (27%)PAVEMENT (WALK/ DRIVE/ PARKING)292,246 SF. (46%)292,608 SF. (46%)TOTAL IMPERVIOUS464,914 SF. (73%)465,276 SF. (73%.)PERVIOUS174,457 SF. (27%)174,095 SF. (27%)IMPERVIOUS INCREASE362 SF.DISTURBED IMPERVIOUS IN RIGHT-OF-WAY 46 SF.DISTURBED IMPERVIOUS ON-SITE13,781 SF. (3.0% OF IMPERVIOUS)TOTAL DISTURBED AREA19,140 SF.**INCLUDES DISTURBED IMPERVIOUS AND PERVIOUS AREASSETBACKREQUIRED PROPOSED (VARIANCES)PARKING SETBACK TO PRINCIPAL STRUCTURE10'0'INTERNAL LANDSCAPING4% OF INTERIOR PARKING LOT7,811 SF / 277,272 SF. = 2.8%LANDSCAPE BREAKAPPROX. EVERY 24 STALLS31 STALLS MAXIMUM IN A ROWPARKINGREQUIREDEXISTING PROPOSED - 2019OFFICES : 1 STALL/ 250 GFAPARCEL 18 ACCESSIBLE STALLS8 ACCESSIBLE STALLS (8'X18.5') (8 REQUIRED)245 STANDARD STALLS261 STANDARD STALLS (9'x18.5')TOTAL92,379 GFA = 370 STALLS253 STALLS269 STALLSPARCEL 210 ACCESSIBLE STALLS10 ACCESSIBLE STALLS (8'X18.5') (9 REQUIRED)358 STANDARD STALLS405 STANDARD STALLS (9'x18.5' & 45d 12.7'x17.5')TOTAL80,289 GFA = 321 STALLS368 STALLS415 STALLSPERVIOUS AREA2ENLARGED SITE PLAN1" = 10' 75' PARKING SETBACKPARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK2250TYP 12345678975' PARKING SETBACKPARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK50123456789DOCK 2TURNING MOVEMENT75' PARKING SETBACKPARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK5012345678975' PARKING SETBACKPARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK50123456789DOCK 9TURNING MOVEMENTDOCK 8TURNING MOVEMENT75' PARKING SETBACKPARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK50123456789DOCK 6TURNING MOVEMENTDOCK 5TURNING MOVEMENT15050SCALE IN FEET Know what's below. Call before you dig. RC-101DOCK ACCESSTURNING MOVEMENTS -2019ERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION 1PARKING LOT ENTRY TO ACCESS DOCKS 1, 2, AND 31" = 50'2DOCK 1 AND 2 ACCESS TURNING MOVEMENT1" = 50'3DOCK 3 ACCESS TURNING MOVEMENT1" = 50'4PARKING LOT ENTRY TO ACCESS DOCKS 4, 8, AND 91" = 50'5PARKING LOT ENTRY TO ACCESS DOCKS 5, 6, AND 71" = 50' 75' PARKING SETBACK10' P A R K I N G S E T B A C K 30' PARKING SETBACK 35' PARKING SETBACKNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGN O P A R K I N GGOLDEN HILLS DRIVECOLORADO AVENUE SOUTH LAUREL AVENUEPARCEL 2PARCEL 124'18.5'24'52856281625171031171462120464828242250401818366322165524'18.5' 24'24'48R10'R10'R3.67'R13'R10'R 3 . 6 7 ' 18.5'18.5'18.5'24'18.5'9'TYP18.5'9'9'9'FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF24'9'TYPEXISTING STAIRS(TYP)EXISTING STAIRS(TYP)EXISTING STAIRS(TYP)STRIPING(TYP)1OVERALL SITE PLAN - 2025 PARKING SPOT LAYOUT1" = 50'15050SCALE IN FEET Know what's below. Call before you dig. R1.SEE SHEET C-100 FOR ADDITIONAL SITE PLAN NOTES.LEGENDSITE PLAN NOTESC-102OVERALLSITE PLAN - 2025ERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION SITE PLAN SUMMARYPERVIOUS AREAAREA LOT 1 & LOT 2SITE AREA 639,371 SF. (14.68 AC.) EXISTING PROPOSED - 2019PROPOSED - 2025*BUILDING172,668 SF. (27%) 172,668 SF. (27%)172,668 SF. (27%)PAVEMENT (WALK/ DRIVE/ PARKING)292,246 SF. (46%)292,608 SF. (46%)292,608 SF. (46%)TOTAL IMPERVIOUS464,914 SF. (73%)465,276 SF. (73%.)465,276 SF. (73%.)PERVIOUS174,457 SF. (27%)174,095 SF. (27%)174,095 SF. (27%)*SITE AREAS WILL NOT CHANGE BETWEEN 2019 AND 2025 CONSTRUCTION. ALL PAVEMENT/CURB INSTALLATION WILL OCCUR DURING 2019 CONSTRUCTION. ONLY RESTRIPING WILLTAKE PLACE IN 2025.PARKINGREQUIREDEXISTING PROPOSED - 2019PROPOSED - 2025OFFICES : 1 STALL/ 250 GFAPARCEL 18 ACCESSIBLE STALLS8 ACCESSIBLE STALLS (8'X18.5') (8 REQUIRED)8 ACCESSIBLE STALLS (8'X18.5') (8 REQUIRED)245 STANDARD STALLS261 STANDARD STALLS (9'x18.5')306 STANDARD STALLS (9'x18.5')TOTAL92,379 GFA = 370 STALLS253 STALLS269 STALLS314 STALLSPARCEL 210 ACCESSIBLE STALLS10 ACCESSIBLE STALLS (8'X18.5') (9 REQUIRED)10 ACCESSIBLE STALLS (8'X18.5') (9 REQUIRED)358 STANDARD STALLS405 STANDARD STALLS (9'x18.5' & 45d 12.7'x17.5')405 STANDARD STALLS (9'x18.5' & 45d 12.7'x17.5')TOTAL80,289 GFA = 321 STALLS368 STALLS415 STALLS415 STALLSPARKING SPOT TO BE ADDED IN 2025F ENLARGEDGRADINGPLAN8C-201NO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKING873876875873 87 4 874875874876877877 8 7 8877877878878876877877877876876 873878877NO PARKINGNO PARKINGNO PARKINGN O P A R K I N G 876GOLDEN HILLS DRIVECOLORADO AVENUE SOUTH LAUREL AVENUEPARCEL 2PARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKENLARGEDGRADINGPLAN7C-201ENLARGEDGRADINGPLAN6C-201ENLARGEDGRADINGPLAN2C-201ENLARGEDGRADINGPLAN1C-202ENLARGEDGRADINGPLAN2C-202ENLARGEDGRADINGPLAN3C-202ENLARGEDGRADINGPLAN4C-201ENLARGEDGRADINGPLAN5C-201ENLARGEDGRADINGPLAN1C-201ENLARGEDGRADINGPLAN3C-201TREEPROTECTIONFENCE (TYP)5C-502INLET PROTECTION(TYP)4C-502ENLARGEDGRADING PLAN4C-2021OVERALL GRADING PLAN 1" = 50'15050SCALE IN FEET Know what's below. Call before you dig. RLEGENDCONCRETE SIDEWALKC-200OVERALLGRADING PLAN - 2019LIGHT DUTY BITUMINOUS PAVEMENTERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION TIPOUT CURBGRADING NOTES1.VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANYDISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THEENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED.2.ALL WORK TO COMPLY WITH CURRENT MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) STANDARDSPECIFICATIONS FOR CONSTRUCTION UNLESS NOTED.3.SIDEWALLS SHALL BE RETAINED BENCHED OR SLOPED TO PROVIDE SAFE WORKING CONDITIONS. THECONTRACTOR IS SOLELY RESPONSIBLE FOR ASSESSING THE STABILITY OF AND EXECUTING PROJECTEXCAVATIONS USING SAFE METHODS. THE CONTRACTOR IS ALSO RESPONSIBLE FOR NAMING THE “COMPETENTINDIVIDUAL” AS PER SUBPART P OF 29 CFR 1926.6 (FEDERAL REGISTER - OSHA).4.CONTRACTOR IS RESPONSIBLE FOR THE DESIGN OF SOIL, UTILITY AND BUILDING RETENTION SYSTEMS.5.PAVEMENT: SEE DETAIL 5/C-501 FOR BITUMINOUS PAVEMENT SECTION.6.CONCRETE MIX NO. 3F5# (MNDOT 2461) SHALL BE USED FOR HAND PLACED FORMED CURB AND GUTTER, MEDIANS,DRIVEWAYS, CROSS GUTTERS, SIDEWALKS, PEDESTRIAN RAMPS AND MEDIANS. CONCRETE MIX NO. 3M3#, MNDOTSPECIFICATION 2461) SHALL BE USED FOR AN EXTRUSION MACHINE PLACEMENT OF CONCRETE. IN THEPRODUCTION OF CONCRETE, AN AIR ENTRAINING AGENT SHALL BE ADDED TO THE MIX ACCORDING TO MNDOT2461.4. 7.FORM COATING MATERIAL SHALL MEET MNDOT 3902.8.CONCRETE INSTALLATION SHALL CONFORM WITH MNDOT 2531.9.SITE CONCRETE FINISHING - CONCRETE SHALL BE STRUCK TRUE TO CROSS SECTION AS SHOWN ON THE PLANS.NO ADDITIONAL WATER MAY BE ADDED TO AID IN THE FINISHING PROCESS. A LIGHT BROOM FINISH WILL BEREQUIRED AT RIGHT ANGLES TO THE CENTER LINE ON ALL CONCRETE WORK UNLESS DIRECTED OTHERWISE. ALLEXPOSED EDGES AND JOINTS IN CURB,GUTTER, SIDEWALK AND STEPS SHALL BE ROUNDED WITH A SUITABLEEDGING TOOL. BEFORE FINAL FINISHING, THE CONTRACTOR SHALL CHECK THE CONCRETE WITH A TEN (10) FOOTSTEEL STRAIGHT EDGE TO ENSURE THERE IS NO VARIATION GREATER THAN 3/16”FROM THE STRAIGHT EDGE ONTANGENT LINES OR GRADES. IF DEVIATIONS GREATER THAN 3/16” ARE FOUND THE WORK WILL BE CONSIDERED ASUNACCEPTABLE AND WILL BE REQUIRED TO BE REMOVED AND REPLACED AT NO EXPENSE TO THE OWNER.10.CONCRETE CURING SHALL BE PERFORMED BY APPLYING A MEMBRANE CURING COMPOUND (TYPE 2, WHITEPIGMENTED, MNDOT 3754) TO THE EXPOSED SURFACE OF THE CONCRETE WITHIN ONE (1)HOUR AFTER FINISHINGTHE CONCRETE SURFACES. WHEN THE FORMS ARE REMOVED IN LESS THAN 72 HOURS AFTER PLACING THECONCRETE, THE CURING COMPOUND SHALL BE APPLIED IMMEDIATELY TO THE EXPOSED SURFACES. THE RATE OFAPPLICATION OF CURING COMPOUND SHALL BE 150 SQUARE FEET PER GALLON. THE COMPOUND SHALL APPEARAS WHITE AS A SHEET OF PAPER AFTER APPLICATION ON THE CONCRETE SURFACE.11.PREFORMED EXPANSION JOINTS SHALL MEET MNDOT 3702, AND SHALL BE PROVIDED AT THE FOLLOWINGLOCATIONS: AT THE BEGINNING AND END OF ALL CURB AND GUTTER RADII. WHERE NEW CONCRETE SURROUNDS,ADJOINS, OR ABUTS ANY EXISTING FIXED OBJECTS SUCH AS FIRE HYDRANTS, BUILDING FOUNDATIONS,CONCRETE DRIVEWAYS, SIDEWALKS, AND OTHER RIGID STRUCTURES. AFTER EACH LOAD OF CONCRETE WHENPLACING CURB AND EVERY 100 FEET WHEN PLACING SIDEWALK. CONTRACTION JOINTS WILL NOT BE SEALED BUTWILL BE REQUIRED AT A SPACING OF 10 FEET ON CURB AND GUTTER AND ON SIDEWALK CONSTRUCTION ASSHOWN ON THE PLAN. CONTRACTION JOINTS WILL BE CUT TO A DEPTH 1/3 THE THICKNESS OF THE CONCRETE,SURFACE AND BACK OF ALL CURBS. CONTRACTION JOINTS SHALL BE PLACED SO THAT NO SLAB IS LARGER THAN100 SQUARE FEET IN AREA. THE CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTING CONTRACTION JOINTS THATPREVENT CONCRETE FROM CRACKING AT OTHER LOCATIONS.12.CONCRETE TESTING INCLUDING SLUMP, AIR ENTRAINMENT, TEMPERATURE AND COMPRESSIVE STRENGTH SHALLBE PERFORMED ON THE FIRST LOAD OF THE DAY FOR ALL CONCRETE POURS OF AT LEAST 4 CUBIC YARDS. ANADDITIONAL TEST SHALL BE PERFORMED FOR EACH 100 CUBIC YARDS OR PORTION THEREOF.13.AGGREGATE BASE FINAL SHAPING AND COMPACTION OF THE AGGREGATE BASE SHALL BE DONE JUST PRIOR TOCONSTRUCTION OF THE CONCRETE OR BITUMINOUS SURFACE. THE FINISHED SURFACE OF THE BASE SHALLSHOW NO VARIATION GREATER THAN 1/2 INCH FROM A TEN (10) FOOT STRAIGHT EDGE.14.PLANT MIXED BITUMINOUS MIXTURE SHALL BE SPREAD WITHOUT SEGREGATION, AT THE SPECIFIED RATE TO THECROSS SECTION SHOWN IN THE PLANS AND PER MNDOT 3151.15.ADJUST ALL SURFACE COURSES TO NOT GREATER THAN 3/16 INCH ABOVE ADJACENT CURB AND VALLEYGUTTERS WHERE WATER FLOWS TO CURB OR VALLEY, AND FLUSH WHERE WATER FLOWS AWAY FROM CURB, OR1/2 INCH ABOVE MANHOLE FRAMES, VALVE BOXES OR OTHER FIXED STRUCTURES.16.THE THICKNESS OF EACH BITUMINOUS COURSE SHALL BE WITHIN 1/4 INCH OF THE THICKNESS AS SHOWN ON THEPLANS. THE TOTAL THICKNESS OF ALL BITUMINOUS COURSES SHALL BE WITHIN 1/2 INCH.17.PRIOR TO CONSTRUCTING THE BITUMINOUS BINDER AND/OR WEARING COURSES, THE CONTRACTOR SHALLSWEEP ROADWAY. THE SWEEPER SHALL BE A SELF-PROPELLED PICK-UP (WITH WATER) SWEEPER. A SIDE-THROWSWEEPER WILL NOT BE ALLOWED.18.TACK COAT SHALL CONFORM TO MNDOT 2357.2.A.19.BITUMINOUS PAVEMENTS SHALL BE COMPACTED TO 92% OF THE MAXIMUM THEORETICAL DENSITY. THE OWNERMAY AT THEIR OPTION PERFORM AGGREGATE AND BITUMINOUS TESTING. THE COST OF ALL FAILING TESTS MAYBE BACK-CHARGED TO THE CONTRACTOR.STORM STRUCTURE PROTECTIONTREE PROTECTION FENCETC = TOP OF CURBTW = TOP OF WALLTS = TOP OF STEPBS = BOTTOM OF STEPHEAVY DUTY BITUMINOUS PAVEMENT 2.8% (EX)1.5%2.60%2.60%1.40%1.07%3.95%1.0%76.38 TC76.0076.5476.24 TC75.7476.3375.00 TC74.50LOWER RIM FROM 875.0TO 874.50. ROTATE ASNEEDED TO KEEP INLETOUTSIDE OF WALK ANDCURB.75.00 TW73.84 TC73.3474.90 TS74.40 BS74.40 TS73.90 BS73.30 TC72.8074.20 HP73.98 ±MATCH72.80 ±MATCH73.6573.5073.4073.6073.4074.1074.3374.6074.1576.45±MATCH73.87 ±MATCH73.73 ±MATCH72.74±MATCH73.5573.7073.90 TS73.40 BS73.35 ±MATCH73.50 ±MATCH875873874 87474.90 TW73.60 TC1.5%TRANSFORMEREXISTINGBRICK WALLBOTTOM STEPTOP STEPMIDDLE STEP8760.70%73.2073.2673.6273.3773.3272.3572.3075.10±MATCH75.1074.10±MATCH74.40±MATCH75.60 TC87573.25±MATCH73.14±MATCH72.80±MATCH72.84±MATCH73.3073.80 TC87387474.20±MATCH74.2074.63±MATCH75.3575.60±MATCH75.50±MATCH75.55±MATCH74.90±MATCH873NO PARKINGNO PARKING1.50%1.50%1.50%5.0%1.50%76.76 TC±MATCH1.80%1.80%1.80%1.80%4.6%77.1077.1076.9376.9376.84 TC76.34 TC/76.3476.93±MATCH76.30±MATCH76.84 TC76.8476.84 TC/76.3476.34 TC/76.3476.34 TC/76.3476.34 TC/76.3476.84 TC/76.3476.62 TC±MATCH76.79±MATCH76.9376.4376.4376.0076.0076.0076.0075.64±MATCH75.86±MATCH76.0076.9376.82 TC/76.345.0%5.0%76.918768768771.80%1.50%0.50%76.45±MATCHNO PARKING76.9376.43 TC/76.4376.88 TC/76.3877.1077.1076.9376.88 TC/76.3876.88 TC/76.3876.50 TC/76.14±MATCH76.1076.1076.1075.17 ±MATCH76.30 TC/75.86±MATCH75.44 ±MATCH76.9376.68±MATCH876877TREE PROTECTIONFENCE (TYP)5C-5021.50%0.50%0.50%1.80%1.50%1.50%5.0%1.80%5.0%NO PARKING76.9377.1077.1076.9376.88 TC/76.3876.9376.43 TC/76.4376.88 TC/76.3876.1076.1076.1076.54 TC/76.25±MATCH76.78 ±MATCH76.63 TC/76.33±MATCH76.8475.81 ±MATCH75.85 ±MATCH77.1077.1076.9376.84 TC76.84 TC76.78 ±MATCH76.52 TC/76.26 ±MATCH76.34 TC/76.3476.4376.84 TC76.9376.58 TC/76.17±MATCH76.66 ±MATCH76.0176.0176.0175.78±MATCH75.69±MATCH76.93877877876876NO PARKINGTREE PROTECTIONFENCE (TYP)5C-5021ENLARGED GRADING PLAN1" = 10'3010SCALE IN FEET Know what's below. Call before you dig. RC-201ENLARGED GRADINGPLANS - 2019ERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTIONGRADING NOTES1.SEE SHEET C-200 FOR ADDITIONAL NOTES.2ENLARGED GRADING PLAN1" = 10'3ENLARGED GRADING PLAN1" = 10'4ENLARGED GRADING PLAN1" = 10'5ENLARGED GRADING PLAN1" = 10'6ENLARGED GRADING PLAN1" = 10'7ENLARGED GRADING PLAN1" = 10'8ENLARGED GRADING PLAN1" = 10' 1.90%5. 0 % 5. 0%1.50%78.2077.92 TC/77.4278.0377.09±MATCH77.50 TC/77.00±MATCH77.44 TC/77.4477.92 TC/77.4277.5578.0377.46 TC/77.03±MATCH77.48 ±MATCH78.0377.1677.1677.1677.1676.30 ±MATCH77.60±MATCH77.66 TC/77.22±MATCH77.63 ±MATCH77.65±MATCH877 8 7 8 N O P A R K I N G 78.2077.8477.34 TC/77.3477.66 TC/77.15±MATCH77.77±MATCH77.74±MATCH77.67 TC/77.29±MATCH77.0076.84±MATCH76.70±MATCH77.0077.0077.78 TC/77.2877.841.90%77.84NO PARKING77.78 TC/77.288781.90%8771.90%1.90%5.0%5.0%1.90%1.90%1.90%5.0%5.0%78.2077.9177.80 TC/77.3077.40 TC/77.4077.5177.0577.0577.0576.61±MATCH76.65±MATCH77.90±MATCH77.74 TC/77.19±MATCH77.9477.83 TC/77.3378.2077.9677.85 TC/77.3577.92±MATCH77.45±MATCH77.49 TC/77.06±MATCH77.9677.85 TC/77.3577.4677.35 TC/77.3577.9677.85 TC/77.3577.0077.0077.0076.68±MATCH76.77±MATCH877877878878NO PARKINGNO PARKINGTREE PROTECTIONFENCE (TYP)5C-50273.8074.0874.0374.23 HP73.30 TC/73.3073.87 TC/73.37±MATCH2.0%3.56%73.80 TC/73.30±MATCH5.0%73.10±MATCH73.8776.00 TW76.00 TWPROTECTTREEBOULDERWALLBOULDERWALLPROTECTTREEPROTECTTREE876875874875874876 875875TREE PROTECTIONFENCE (TYP)5C-5023010SCALE IN FEET Know what's below. Call before you dig. RC-202ENLARGED GRADINGPLANS - 2019ERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTIONGRADING NOTES1.SEE SHEET C-200 FOR ADDITIONAL NOTES.3ENLARGED GRADING PLAN1" = 10'1ENLARGED GRADING PLAN1" = 10'2ENLARGED GRADING PLAN1" = 10'4ENLARGED GRADING PLAN1" = 10' C-501DETAILSERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION INTEGRAL VERTICAL CURB & WALK6'MIN.6"R=3"2NO SCALEPAVEMENTSECTIONCONTROL JOINTS SHALL EXTEND TO BOTH THE FRONT AND BACKS OF THECURB AND BE 2" DEEP AT 10' MAX SPACING.12"4" AGGREGATE BASE11 3"R8"1 36"6"1/2"R 12"13.5"1/2"R7"1B612 CONCRETE CURB & GUTTERCONTROL JOINTS SHALL EXTEND TO BOTH THE FRONT AND BACKS OF THECURB AND BE 2" DEEP AT 10' MAX SPACING.SLOPE 3/4"PER FT.5'2'2.5'2.5'6' VARIES 4' MIN.5% MAX0" CURB HEIGHTFULL CURB HEIGHTTRUNCATED DOMEPAVERS W/ SEALEDGROUT JOINTSFULL CURB HEIGHTREFER TO MnDOT STANDARD DETAIL5-297.250 SHEETS 2, 3, 4, 5, AND 6FOR ADDITIONAL INFORMATION ONCONSTRUCTION OF PEDESTRIAN CURBRAMPS.NOTE:5% MAXDETECTABLE WARNING SURFACE3NO SCALEPEDESTRIAN CURB RAMP4NO SCALEMAXIMUM SPACING 120'. ALSO USE WHEN ABUTTING BUILDINGS.SPACING:4'5'6'WALKWALKWALK- 4' C/C- 5' C/C- 6' C/C1/4"R1/4"RJOINT SEALANTSEE 8/C5.01NON-BITUMINOUS JOINT FILLEREXPANSION JOINTTOOLED CONTROL JOINT4" SIDEWALK 1/2"1/2"3/8"1/8"4" WALK1"3" THICK CONCRETE CAP: 10'X10' MAX7SIDEWALK JOINTNO SCALEFILLERSEALERSURFACEPAVEMENTJOINTWBACKERMATERIALJOINTD WMATERIALBACKERD CONSTRUCTION JOINTJOINT SEALERWBACKERT D CONTRACTION JOINTMATERIALCRACKINITIAL SAWCUT (1/8")JOINT BOTTOMOR INSERTW = WIDTH OF SEALANT RESERVOIR (1/2" (MIN), 5/8" (MAX))D = DEPTH OF SEALANT (1.0 TO 1.5W) T = 1/4 SLAB THICKNESSBUTTED JOINTJOINT SEALERISOLATION/EXPANSION JOINTNOTE:TOP OF SEALANT WILL BE 1/8" TO 1/4" BELOW TOP OF PAVEMENTSURFACE FOR EXTERIOR PAVEMENTS1.8JOINT SEALANTNO SCALEPAVEMENTSURFACEPAVEMENTSURFACE6NO SCALESIDEWALK PAVEMENT SECTION4" CONCRETE PAVEMENTCOMPACT SUBGRADE6" AGGREGATE BASE(MNDOT 3138 CL5)5BITUMINOUS PAVEMENT SECTIONNO SCALE1.5" BITUMINOUS WEAR(MNDOT 2360 WEARING COURSEMIXTURE SPWEA240B)OVER TACK COAT MNDOT 2357LIGHT DUTY BITUMINOUS: 1.5" BITUMINOUS NON-WEARHEAVY DUTY BITUMINOUS: 3" BITUMINOUS NON-WEAR(MNDOT 2360 NON-WEARING COURSEMIXTURE SPNWB230B)8.0" AGGREGATE BASE(MNDOT 3138 CL5)COMPACTED SUBGRADE6"LANDING: 2%MAX SLOPE INANY DIRECTIONNO FLARES5'2'2.5'2.5'6' VARIES 4' MIN.ASPHALT ORCONCRETESIDEWALKLANDING1:10FLARE1:10FLARE0" CURB HEIGHTFULL CURB HEIGHTTRUNCATED DOMEPAVERS W/ SEALEDGROUT JOINTS5'5'FULL CURB HEIGHTWITH FLARES10STAIRSNO SCALE3/4" EXPANSION JOINT6" AGGREGATE BASE CL5CONCRETE WALK1.0% SLOPE10"NON FROST SUSCEPTIBLE SOILS11"11"1.5% SLOPE1"R 1"18"3/4" EXPANSION JOINT#416" 0.C. EACH WAYCENTERED ON EACH STAIR SLAB10"6" TYP6"SAW CUT ALL EDGES. REMOVE BITUMINOUS AND ENOUGH AGGREGATE BASE MATERIAL TOACCOMMODATE NEW PAVEMENT.MILL 1/2 THICKNESS OFEXISTING PAVEMENT12"WEAR COURSENON-WEAR COURSEAGGREGATE BASESAW CUTNEW PAVEMENTTACK COAT ALL EDGESNOTE:9BITUMINOUS INTERLOCK AT MATCHLINENO SCALE6" CLEAR#4 X 16" EPOXY COATEDCENTER ON JOINTSPACE 16" 0.C. MAX#4 X 2'-0" FIELD BENDAS REQUIRED#4 X 16" EPOXY COATEDCENTER ON JOINTSPACE 16" 0.C. MAX#4 X 2'-0" FIELD BENDAS REQUIRED 15050SCALE IN FEET Know what's below. Call before you dig. RC-502DETAILSERP18005PROJECT NO.I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed ProfessionalEngineer under the laws of the state of MINNESOTA.Stephen M. Johnston1891401/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990NOT FORCONSTRUCTION 1ADA PARKING SIGNAGENO SCALEFORM CONCRETEPYRAMID ON TOPATTACH SIGN TO POSTWITH APPROPRIATESTAINLESS STEELBOLTS, WASHERS &NUTS. (TYP AT TOPAND BOTTOM OF SIGN)4X4 SQUARE STEEL PIPE BOLLARDCONCRETE FILLED, PAINTED TO MATCH ARCHITECTURAL TRIMCOLOR48"20" DIAFOOTINGSYMBOL 6"X6"24"PARKINGVEHICLE IDREQUIREDUP TO $200 FINEFOR VIOLATIONVANACCESSIBLE36"SIGN FACE ATPARKING STALLALL BARS TO BE0.25" HIGH BY 8" WIDEAT ACCESS AISLEACCESS AISLENO PARKING2"X2" ADJUSTABLE PERFORATED SIGN STOCK SET IN CONCRETE,CENTERED IN BOLLARD60" FROM PARKING SURFACETO BOTTOM OF SIGNAGESEALANTFINISHED GRADE8"74"NOTE:1.SIGNAGE SHALL MEET THE REQUIREMENT OFMN MUTCD R7-8n AND R7-8P.NOTE: L IS DIMENSION SHOWN ONLAYOUT SHEETS FOR PARKINGSTALLS AND ACCESSIBLE RAMPS.LLCCLLCCCW=8' (TYP.)STRIPING 2' O.C. (TYP.)1' BEHIND WALK OR 2' BEHIND CURB ACCESSIBLERAMP SEE3/C5.018' PARKING STALLCURB & GUTTER6" WIDE WHITE STRIPE (TYP.)4" WIDE STRIPE (MIN.)45°NO SCALE2ACCESSIBLE STALL LAYOUTACCESSIBLE SIGN SEE5/C5.02HANDICAPSYMBOLSEE 7/C5.025°23°4" WIDE STRIPE AS REQUIRED(SOLID FILL - OUTLINE SHOWN)1'-0"2'-0"1'-0"6"1'-0"1'-6"3"6"R2'-0" R1' - 8 " R 1'-0"8"AISLE END OFPARKING STALLL OF PARKING SPACEC3ACCESSIBLE STALL PAVEMENT SYMBOLGEOTEXTILE FABRICOVERFLOW BYPASS FOR PEAKSTORM VOLUMESRETRIEVAL STRAPADAPTOR SKIRTTRIM TO WITHIN3" - 5" OF GRATESEDIMENTACCUMULATIONINSERT SHALL BE INSTALLED PRIOR TO CLEARING AND GRADING ACTIVITY, OR UPON PLACEMENT OF A NEWCATCH BASIN.SEDIMENT SHALL BE REMOVED FROM THE UNIT WHEN IT BECOMES HALF FULL .SEDIMENT REMOVAL SHALL BE ACCOMPLISHED BY REMOVING THE INSERT, EMPTYING, AND RE-INSERTING ITINTO THE CATCH BASIN.1.2.3.NOTES4NO SCALEGEOTEXTILE DROP INLET PROTECTIONDRIPLINE4-FT MINNOTES:1.2.3.6-FT. HIGH TEMPORARY ORANGE CONSTRUCTION FENCE SHALL BE PLACED AT THE DRIPLINE OF THE TREE TO BESAVED. FENCE SHALL COMPLETELY ENCIRCLE THE TREE(S). INSTALL FENCE POSTS USING PIER BLOCKS ONLY.AVOID DRIVING POSTS OR STAKES INTO MAJOR ROOTS.FOR ROOTS OVER 1-IN DIA. THAT ARE DAMAGED DURING CONSTRUCTION, MAKE A CLEAN, STRAIGHT CUT TO REMOVETHE DAMAGED PORTION. ALL EXPOSED ROOTS SHALL BE TEMPORARILY COVERED WITH DAMP BURLAP TO PREVENTDRYING, AND SHALL BE COVERED WITH SOIL AS SOON AS POSSIBLE.WORK WITHIN PROTECTION FENCE SHALL BE DONE MANUALLY. NO STOCKPILING OF MATERIALS, VEHICULARTRAFFIC, OR STORAGE OF EQUIPMENT OR MACHINERY SHALL BE ALLOWED WITHIN THE LIMIT OF THE FENCING.5TREE PROTECTIONNO SCALESIGNS LOCATED IN CONCRETE SIDEWALK SIGNS LOCATED IN GRASSPAVEMENT48" MIN. CLEAR PEDESTRIAN WALKWAYSIDEWALKEDGEFINISHED GRADE5'-0"3'-0"12"CONCRETE4"SLOPECONCRETETO DRAIN3"X3" - 11 GAUGESQUARE SIGN POST1" RESTORE ROCK MULCHAND SOD ALONG SIDEWALKAS NEEDEDRESTORE ROCK MULCHALONG SIDEWALKAS NEEDEDRESTORE ROCK MULCHAS NEEDEDRESTORE SOD AS NEEDEDRESTORE SOD AS NEEDEDROCK MULCH(TYP)3 AFRESTORE ROCK MULCHAS NEEDEDRESTORE ROCK MULCHAS NEEDEDDECIDUOUS TREEPLANTING(TYP)2L-100INSTALL ROCK MULCH BETWEENBOULDER WALL ANDSIDEWALKREPLACE SOD AS NEEDEDRESTORE ROCK MULCHAND SOD ALONG SIDEWALKAS NEEDEDRESTORE ROCK MULCHAS NEEDEDPLANTING ATPARKING ISLAND(TYP)3L-100RESTORE SODAS NEEDEDNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGNO PARKINGN O P A R K I N GGOLDEN HILLS DRIVECOLORADO AVENUE SOUTH LAUREL AVENUEPARCEL 2PARCEL 1DOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCKDOCK1OVERALL LANDSCAPE PLAN1" = 50'15050SCALE IN FEET Know what's below. Call before you dig. RREMOVED 1 - 6" DECIDUOUS TREEPROPOSED3 - 2.5" DECIDUOUS TREESLEGENDLANDSCAPE SUMMARYL-100OVERALLLANDSCAPE PLAN -2019ROCK MULCHSODERP18005PROJECT NO.01/28/19PUD AMENDMENT01/28/2019GOLDEN HILLSGOLDEN VALLEY,MINNESOTASHEETCERTIFICATIONREGISTRATION NO.DATEISSUEDATEPROJECT275 MARKET STREET, SUITE 184MINNEAPOLIS, MN 55405T 612.843.2236D E S I G NCivil Engineering | Landscape Architecture | Construction Services901 N 3rd STREET, SUITE 120MINNEAPOLIS, MN 55401www.elanlab.comp 612.260.7980f 612.260.7990I hereby certify that this plan was prepared by me, or under mydirect supervision, and that I am a duly Licensed LandscapeArchitect under the laws of the state of MINNESOTA.Pilarsinee Saraithong45059NOT FORCONSTRUCTIONEXISTING TREESLANDSCAPE NOTESQUANT.KEYCOMMON NAMESCIENTIFIC NAMESIZEROOTCOND.DECIDUOUS TREESMATURESIZEPLANT SCHEDULE3B&B2.5" CAL.SUBSTITUTIONS: IF ANY SUBSTITUTIONS ARE REQUIRED, SUBMIT WRITTEN DOCUMENTS AND PROPOSED SUBSTITUTIONS TOLANDSCAPE ARCHITECT FOR APPROVAL 5 DAYS PRIOR TO PURCHASE AND/OR INSTALLATION.45'H X 35'WACER X FREEMANII'JEFFERSRED'AUTUMN BLAZEMAPLEAF2DECIDUOUS TREE PLANTINGNO SCALETREE WRAP TO FIRST BRANCHMOUND SUBGRADESCARIFY BOTTOM PRIORTO PLANTINGCUT AND REMOVE TOP 1/3 BURLAP (MIN.),WIRE BASKET, AND ALL NYLON CORD16" POLYPROPYLENE OR POLYETHYLENE,40 MIL, 1-1/2" WIDE STRAPPLANTING PIT 2-3 X DIA. OF SOIL BALLDUG & TILLED PIT 3-5 X DIA. OF SOIL BALLMULCH DISHMULCH, EDGING, & DISH RING(SEE LANDSCAPE NOTES)ROOT FLARE AT FINISHED GRADE ORFIRST MAJOR BRANCHING ROOTAT 1 INCH BELOW SOIL LINEDOUBLE STRAND 14 GA. WIRE& 3 STEEL STAKES AT 120 DEGREEINTERVALSNOTESMAINTAIN TREE IN PLUMB POSITION THROUGHOUT THEWARRANTY PERIOD (SEE SPECIFICATIONS).TREE STAKING AND ITS METHOD ARE OPTIONAL TOCONTRACTORS. TWO ALTERNATIVES ARE SHOWN.ONE FLAG PER WIRE COMPACT PLANTING SOILPLANTING SOILWATER & TAMP TO REMOVE AIR POCKETS8' STEEL STAKE INSTALL ON THE SIDEOF PREVAILING WINDSCARIFY SIDES OF PITPRIOR TO PLANTING1.LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR FINISHED GRADING AND POSITIVE SURFACE DRAINAGE INALL LANDSCAPE AREAS. LANDSCAPE CONTRACTOR MUST ENSURE THAT THE FINAL GRADES ARE MET ASSHOWN ON GRADING PLAN. IF ANY DISCREPANCIES ARE FOUND, IMMEDIATELY NOTIFY LANDSCAPEARCHITECT FOR RESOLUTION.2.ALL PLANT MATERIALS ARE TO CONFORM WITH STATE & LOCAL CONSTRUCTION STANDARDS AND THECURRENT ADDITION OF THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ALL PLANT MATERIALSARE TO BE HEALTHY, HARDY STOCK, AND FREE FROM ANY DISEASES, DAMAGE, AND DISFIGURATION.3.QUANTITIES OF PLANTS LISTED ON THE PLAN ARE TO GOVERN ANY DISCREPANCY BETWEEN THEQUANTITIES SHOWN ON THE PLANT SCHEDULE AND PLAN. PLACE PLANTS IN PROPER SPACING FOLLOWINGLAYOUT FIGURES.4.PLANTING SOIL TO BE CONSISTED OF 50% SELECT TOPSOIL BORROW (MNDOT 3877) AND 50% GRADE 2COMPOST (MNDOT 3890). PLANTING SOIL TO HAVE A PH BETWEEN 6.5-7.5, BE FREE OF CHEMICALCONTAMINANTS, DEBRIS, LARGE ROCKS GREATER THAN 1/ 2" DIAMETER, AND FRAGMENTS OF WOOD.SUBSOIL SHALL BE SCARIFIED TO A DEPTH OF 4" BEFORE PLANTING SOIL IS SPREAD.5.SPREAD PLANTING SOIL AT MINIMUM EIGHTEEN (18) INCH DEEP IN ALL PLANTING BEDS PRIOR TO PLANTING.THOROUGHLY WATER TWICE TO FACILITATE CONSOLIDATION PRIOR TO PLANTING. DO NOT OVERLYCOMPACT SOIL.6.APPLY FOUR (3) INCH DEPTH OF ROCK MULCH OVER WEED BARRIER FABRIC IN ALL PLANTING BEDS ANDAREAS AS INDICATED. SIZE AND COLOR OF ROCK MULCH TO MATCH EXISTING ROCK MULCH.7.WEED BARRIER FABRIC TO BE BLACK POLYPROPYLENE SHEET 5 OZ/SQ.YD, TENSILE STRENGTH PER ASTMD-4632., PRO 5 WEED BARRIER PRODUCTED BY DEWITT COMPANY OR APPROVED EQUAL.8.SOD SHALL CONFORM WITH MNDOT 3878.2A, BE DENSE, AND OF UNIFORM TEXTURE, FREE OF WEEDS ANDDISEASE. APPLY MINIMUM SIX (6) INCHES OF TOPSOIL (MNDOT 3877) AND THOROUGHLY APPLY SLOWRELEASE FERTILIZER TO TOP TWO (2) INCHES BEFORE LAYING SOD.9.FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION, UNLESS OTHERWISE NOTED.10.LANDSCAPE CONTRACTOR SHALL MAINTAIN PLANTS IN HEALTHY CONDITION THROUGHOUT WARRANTYPERIOD. THE WARRANTY PERIOD IS TWO FULL YEARS FROM DATE OF PROVISIONAL ACCEPTANCE UNTILFINAL ACCEPTANCE. WARRANTY PERIOD FOR PLANT MATERIAL INSTALLED AFTER JUNE 1ST SHALLCOMMENCE THE FOLLOWING YEAR.BACKFILL WITH PLANTING SOIL(SEE LANDSCAPE NOTES)MULCH(SEE LANDSCAPE NOTES)INSTALL PLANTS ACCORDINGTO PLANTING DETAILSMOUND PLANTING AREA ABOVECURB LEVEL3PLANTING AT PARKING ISLANDNO SCALETOP OF MULCH BELOWTOP OF CURBSCARIFY BOTTOMPRIOR TO PLANTINGPROVIDE MULCH POCKETALONG CURBPROVIDE GATOR BAGS TO ALL TREES. MONITORING RAINFALL ANDWATERING SHALL BE PERFORMED THROUGHOUT WARRANTY PERIOD.ADJUST EXISTING IRRIGATION AS REQUIRED TO ENSURE THAT NOWATER IS OVER ANY SIDEWALK AND PAVEMENT. Executive Summary For Action Golden Valley City Council Meeting March 19, 2019 Agenda Item 6. C. First Consideration of Modifications to Right of Way Management Ordinance to address Wireless Facility Aesthetics Prepared By Maria Cisneros, City Attorney Jeff Oliver, PE, City Engineer Summary The state of Minnesota and the Federal Communications Commission (FCC) recently promulgated rules relating to the City’s ability to regulate the placement of small wireless facilities in the City’s right of way. Specifically, the state and the FCC rules require the City to allow wireless providers to place infrastructure, such as wireless antennae and other equipment, in its right of way. The rules limit the City’s ability to regulate the placement of this wireless equipment, which typically must be mounted above the ground on poles. Based on information provided by industry experts, the City anticipates a sharp increase in the number of wireless facilities (and, by extension, poles on which to mount these facilities) in the near future. The City wishes to accommodate the technological advances these new wireless facilities will support, such as 5G technology, for the benefit of its residents and businesses. The City also wishes to minimize the potentially negative impacts of this technology within its right- of-way and public spaces. Some of the potential negative impacts include conflicts with existing public utilities, life-safety concerns related to transportation and aesthetic impacts, such as overcrowding of poles and unsightly or out-of-character deployments. Staff recommends adoption of a new section in the Right of Way Management Chapter of the City Code (Chapter 24, Article II) titled Wireless Aesthetic Standards. The proposed Section sets forth the minimum aesthetic and design standards that telecommunications providers must meet to place wireless facilities in the City’s right of way. The standards include, among other things, minimum distance requirements between poles, a requirement to collocate more than one facility per support structure where feasible, and general aesthetic design standards. The design standards require that all wireless facilities be concealed inside the support structure or below ground. In addition, staff recommends some minor modifications to Sections 24-22 (Definitions), 24-28 (Permit Required), 24-30 (Issuance of Permits, Conditions), and 24-43 (Location and Relocation of Equipment in Facilities) to conform to the proposed new Section. Both the new and revised Sections are attached for reference, along with a redline showing the amendments to the existing Sections. Attachments • Redline showing proposed modifications to current City Code Section 24-22 (5 pages) • Redline showing proposed modifications to current City Code Section 24-28 (1 page) • Redline showing proposed modifications to current City Code Section 24-30 (2 pages) • Redline showing proposed modifications to current City Code Section 24-43 (1 pages) • New Section 24-52 Wireless Aesthetic Standards (4 pages) • Ordinance #659 amending Chapter 24 Streets, Sidewalks and Other Public Places, Article II. Right-Of-Way Management Sections 24-22: Definitions, 24-28: Permit Required, 24-30: Issuance of Permit; Conditions; 24-43: Location and Relocation of Equipment or Facilities, and adopting a new section 24-52 Wireless Aesthetic Standards (8 pages) Recommended Action Motion to adopt first consideration, Ordinance #659, amending Sections 24-22, 24-28, 24-30 and 24-43, and adopting a new section 24-52 Wireless Aesthetic Standards. Sec. 24-22. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. References hereafter to "sections" are, unless otherwise specified, references to sections in this article. Defined terms carry their assigned meaning whether or not capitalized. Abandoned Facility: A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. Applicant: Any person requesting a permit to excavate or obstruct a right-of-way. Aerial: A facility located or work done above any part of the right-of-way. Collocate or Collocation: To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the City, or by another government unit. Commission: The State Public Utilities Commission. Congested Right-of-Way: A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Stats. § 216D.04, subd. 3, over a continuous length in excess of 500 feet. Construction Performance Bond: Any of the following forms of security provided at the permittee's option: (1)Individual project bond (2)Cash deposit, in the form of cash or a cashier's check for non-registered applicants that are non-commercial residents of the City (3)Security of a form listed or approved under Minn. Stats. § 15.73, subd. 3 (4)Letter of credit, in a form acceptable to the City (5)Self-insurance, in a form acceptable to the City (6)A blanket bond for projects within the City, or other form of construction bond, for a time specified and in a form acceptable to the City. Degradation: A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost: Subject to Minnesota Rules 7819.1100, the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown on the standard detail plates adopted by the City. Degradation Fee: The estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department: The Physical Development Department of the City. Director: The City Manager or his/her designee. Delay Penalty: The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. Emergency: A condition that: (1)Poses a danger to life or health, or of a significant loss of property; or (2)Requires immediate repair or replacement in order to restore essential service to a customer. Essential Service: Natural gas, municipal water, municipal sanitary sewer or water, and electrical service or any other service shown to be necessary to the health, safety or wellbeing of the customer. Equipment: Any tangible asset used to install, repair, or maintain facilities in any right-of-way, but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. Excavate: To dig into or in any way remove or physically disturb or penetrate any part of a right-of- way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. Excavation Permit: The permit which, pursuant to this article, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right- of-way described in such permit. Excavation Permit Fee: Money paid to the City by an applicant to cover the costs as provided in this article. Facility or Facilities: Any tangible asset in the right-of-way required to provide utility or telecommunication service. Five-Year Project Plan: Shows projects adopted by the City planned for construction within the next five years. High Density Corridor: A designated portion of the public right-of-way within which right-of-way users have multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole: An excavation in the pavement, with the excavation having a length less than the width of the pavement. Local Representative: A local person, or designee of such person, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this article. Management Costs: The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants, issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the City including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the City the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minn. Stats. § 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to this article. Obstruct: To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit: The permit which, pursuant to this article, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-a-way, for the duration specified therein. Obstruction Permit Fee: Money paid to the City by a permittee to cover the costs as provided in this article. Patch or Patching: A method of pavement replacement that is temporary in nature. A patch consists of the compaction of the subbase and aggregate base, and the replacement, in kind, of the existing pavement for a minimum of 18 inches beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's Five-Year Capital Improvement Plan. Pavement: Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, or paver bricks. Permit: Has the meaning given "right-of-way permit" in Minn. Stats. § 237.162. Permittee: Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this article. Person: An individual or entity subject to the laws and rules of this State, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political. Probation: The status of a person that has not complied with the conditions of this article. Probationary Period: One year from the date that a person has been notified in writing by the City that they have been put on probation. Registrant: Any person who: (1)Has or seeks to have its permanent facilities located in any right-of-way; or (2)In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its permanent facilities or equipment in the right-of-way. Restore or Restoration: The process by which a disturbed right-of-way and surrounding area, including pavement and foundation; and vegetation is returned to the same condition and life expectancy that existed before the commencement of the work. Restoration Cost: An amount of money paid to the City by a permittee to achieve the level of restoration according to the requirements of the City. Right-of-Way or Public Right-of-Way: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk any real property in which the City has an interest, including, but not limited to, a public roadway, street, cartway, highway, bicycle lane, public sidewalk, public park, or other public property place, area, or real property in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A rRight- of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Right-of-Way Permit: The permit for excavation or obstruction, or both, depending on the context, required by this article, that must be obtained before work in the right-of-way may begin. A right-of- way permit allows the holder to excavate or obstruct that part of the right-of-way described in the permit. Right-of-Way Permit Fee: Money paid to the City by the applicant to cover the costs in provided in this article and as established annually by the City Council. Right-of-Way User: (1)A telecommunications right-of-way user as defined by Minn. Stats. § 237.162, subd. 4; or (2)A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way; or (3)Any other person occupying the right-of-way. Service or Utility Service: Includes: (1)Those services provided by a public utility as defined in Minn. Stats. § 216B.02, subds. 4 and 6; (2)Services of a telecommunications right-of-way user, including transporting voice or data information; and (3)Services of a cable communications systems as defined in Minn. Stats. ch. 238. Service Lateral: An underground facility that is used to transmit, distribute or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Small Wireless Facility: A wireless facility that meets both of the following qualifications: (1)Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2)All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment is, in aggregate, no more than 28 cubic feet in volume,. Supplementary Application: An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface: The compaction of subbase and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the City's Five-Year Capital Improvement Plan for the next two years, in which it is considered full restoration. Telecommunications Rights-of-Way User: A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for providing wireless service or transporting telecommunication or other voice or data information. For purposes of this article, a cable communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stats. § 216B.02 a municipality, a municipal gas or power agency organized under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats. ch. 308A, are not telecommunications right-of-way users for purposes of this article except to the extent such entity is offering wireless service. Trench: An excavation in the right-of-way, with the excavation having a length equal to or greater than the width of the corresponding lane of traffic or boulevard for the section of the roadway corridor where the work is occurring. For the purposes of this article, the term "trench" shall include direction boring and/or plowing. Two-Year Project Plan: Shows projects adopted by the City for construction within the next two years. Utility Pole: A pole that is used in whole or in part to facilitate telecommunications or electric service. Wireless Facility: Equipment at a fixed location that enables the provision of wireless services between users equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Wireless Service: Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1994, as amended, including cable service. Wireless Support Structure: A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, including small wireless facilities, as reasonably determined by the City. (Code 1988, § 7.02) Sec. 24-28. - Permit Requirement. (a)Permit Required. (1)Except as otherwise provided in this Code, no person may obstruct, construct retaining walls or landscaping, pave driveways or parking stalls, plant trees or shrubs; place courtesy benches, install irrigation, conduits, wires or other objects, or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained a right-of-way permit from the City Manager or his/her designee to do so. The right-of-way permit is valid only for the work, excavation or obstruction and specific duration included in the permit. (2)A small wireless facility requires a permit by a registrant toNo person may erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, without having first obtained a right-of- way permit from the City Manager or his/her designee to do so. to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. (3)However, Nnothing in this article releases persons placing obstructions in the right-of-way that do not require permits from retaining maintenance responsibility for those obstructions. Persons placing non-permitted obstructions in the right-of-way accept full responsibility shall be fully responsible for damage to the obstructions due to maintenance or construction performed by the City or its representatives, and any damage caused by other parties. (b)Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person: (1)Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and (2)A new permit or permit extension is granted. (c)Delay Penalty. In accordance with Minnesota Rules 7819.1000, subd. 3 and notwithstanding Subsection (b) of this section, the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, repair, or restoration. The delay penalty shall be established on an annual basis by City Council resolution. In addition to the delay penalty, the City reserves the right to perform repair and patching when delays pose a potential threat to public safety. (d)Permit Display. Permits issued under this article shall be in the possession of the person performing the work at all times and shall be available for inspection by the City Manager or his/her designee. (e)Approved Plans. Permittees must have a copy of the approved right-of-way plans available on the work site at all times, these plans must be available for inspection by the City Manager or his/her designee. (Code 1988, § 7.08; Ord. No. 239, 2nd Series, 3-15-2001; Ord. No. 286, 2nd Series, 11-14-2003) Sec. 24-30. - Issuance of Permit; Conditions. (a) Permit Issuance. If an applicant has satisfied the requirements of this article, the City Manager or his/her designee may issue a permit. (b) Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, State and federal laws, including, but not limited to, Minn. Stats. §§ 216D.01 through 216D.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (c) On-Site Meeting. If a project involves an excavation that extends more than 300 feet in length, the applicant must coordinate with City staff for an on-site utility meeting with Gopher State One Call. (d) Small Wireless Facility Conditions. In addition to Subsection (b) of this section, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions contained in Section 24-52 of this Code. : (1) A small wireless facility shall only be colocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the City's written authorization, provided that the City may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than 10 feet above its wireless support structure. (4) Where an applicant proposes to install a new wireless support structure in the right-of-way, the City may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way. (5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (6) Where an applicant proposes to replace a wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (e) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require payment of the following: (1) Up to $150.00 per year for rent to collocate on the City structure (2) $25.00 per year for maintenance associated with the collocation (3) A monthly fee for electrical service as follows: a. $73.00 per radio node less than or equal to 100 maximum watts b. $182.00 per radio node over 100 maximum watts; or c. The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the City and applicant. (f) Action on Small Wireless Facility Permit Application. (1) Deadline for Action. The City shall approve or deny a small wireless facility permit application for collocation of a small wireless facility on an existing structure within 6090 days after filing of such application. The City shall approve or deny a small wireless facility permit application for attachment of a small wireless facility on a new structure within 90 days after the filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. (2) Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a. Are located within a two-mile radius b. Consist of substantially similar equipment; and c. Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3) Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit applications may be tolled if: a. The City receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the City may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. ba. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within 30 10 days of receipt the application. Upon subm ission of additional documents or information, the City shall have 10 days to notify the applicant in writing of any still-missing information. cb. The City and a small wireless facility applicant agree in writing to toll the review period. (g) Record Drawings Required. As a condition of a right-of-way permit, a permittee automatically agrees to provide construction record drawings for the facilities installed under the permit. The construction record drawings shall be prepared in accordance with the requirements of the City and as outlined in the mapping requirements portion of this article. (Code 1988, § 7.10) Sec. 24-43. - Location and Relocation of Equipment or Facilities. (a)Undergrounding. Unless otherwise stated in this Code, or agreed in a franchise or other agreement between the applicable right-of-way user and the City, facilities in the right-of-way must be located or relocated and maintained underground in accordance with this article. (b)Corridors. (1)The City may assign specific areas within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities or equipment that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. (2)Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where its facilities are located, move those facilities to their assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. (c)Nuisance. One year after the passage of the ordinance from which this article is derived, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the equipment and restoring the right-of-way to a useable condition. (d)Limitation of Space. To protect health and safety and welfare of the public or when necessary to protect the right-of-way and its current use, the City Manager or his/her designee shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Code 1988, § 7.22) Section 24-52- Wireless Aesthetic Standards a) Findings. The City of Golden Valley desires the most advanced and highest quality wireless services available. The City also wishes to minimize the negative impacts associated with wireless facility deployments including small wireless facilities. Such negative impacts may include interference with right-of-way sight lines, aesthetic impacts that are inconsistent with the surrounding area, fall zone and clear zone risks, navigation obstacles, interference with future transportation improvement plans, interference with the installation or maintenance of public utilities, and increased visual or noise pollution. The following aesthetic standards and requirements are intended to maintain the City’s aesthetic environment while also allowing for the availability of wireless services, including broadband and “5G” services, using small wireless facilities. These standards are intended to establish clear and consistent aesthetic standards for wireless facility placements in the City right-of-way and to establish a streamlined review and approval process. In addition, these standards seek to minimize unnecessary placement of new wireless support structures in the City’s right-of-way by encouraging co-location of wireless facilities with other wireless facilities and utilities. b) Permit Required. To address the foregoing impacts, any person desiring to locate or collocate wireless facilities or place new wireless support structures in the City’s right-of-way must first obtain a right-of-way permit pursuant to this Code. c) Collocation Agreement Required. Any person seeking to collocate wireless facilities on a wireless support structure owned or controlled by the City must first enter a standard collocation agreement. The standard collocation agreement may require payment of the following: a. Up to $150.00 per year for rent to collocate on the City structure; b. $25.00 per year for maintenance associated with the collocation; and c. A monthly fee for electrical service as follows: i. $73.00 per radio node less than or equal to 100 maximum watts ii. $182.00 per radio node over 100 maximum watts; or iii. The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required right-of-way permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a right-of-way permit does not supersede, alter or affect any then-existing agreement between the City and applicant. d) Applicability of Aesthetic Standards. These standards apply to all right-of-way permit applications for placement or collocation of wireless facilities on City-owned and non-City- owned wireless support structures or utility poles, and the placement or replacement of wireless support structures in the public right-of-way. Compliance with these standards is a requirement for, and condition of, issuance of a right-of-way permit for a wireless facility. Any installation that does not conform to these standards will be in violation of the associated permit and the City’s right-of-way ordinance. e) Additional Requirements. In addition to the following standards, the placement of new support structures for wireless facilities shall be subject to any conditions specified in the right-of-way permit. Applications to install wireless facilities or place new support structures in districts zoned for residential uses, within areas or corridors designated as special street lighting areas, within a historic district established by federal or state law or City ordinance, shall further be subject to any conditions contained in Section 113-154 of this Code and, when applicable, any required conditional use permit authorizing such installation. f) Aesthetic Design Standards. The City desires to promote aesthetically acceptable and area conforming wireless facilities using the smallest and least intrusive means available to provide wireless services to the community. All wireless facilities and wireless support structures in the public right-of-way must comply with all applicable provisions in this section. a. Wireless Support Structures: All City or privately owned wireless support structures placed within the City shall be of a fully enclosed design such that the maximum amount of facilities, including any wiring, are concealed inside the structure or below ground. The City standard wireless support structure shall be the Valmont Pole Drawing Number TK01260 or an approved equal. All wireless support structures, whether existing, new or replacement wireless support structures, must: i. be constructed of aluminum or steel; ii. be the same color as neighboring, similar support structures and of the same design characteristics; iii. where constructed as a light pole, luminaire(s) and luminaire arm(s) must match adjacent city lighting standard and must contain an LED fixture in accordance with City specifications; and iv. be the City standard support structure, or an alternative support structure that is consistent with the aesthetics of the City standard support structure. Alternatives to the City Standard structure may be approved on a case by case basis by the City Manager or his/her designee. b. Antennas: Antennas must be top-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally attenuates the signal transmitted/received by such antenna) or otherwise concealed to the extent feasible. Cable connections, antenna mounts and other hardware must also be concealed. The radome or other concealment must be non-reflective and painted or otherwise colored to match the wireless support structure. c. Collocation: Collocations between wireless service providers and with other utilities on the same support structure is required wherever feasible. If an applicant proposes to not collocate in areas where collocation options are or appear to be available, the applicant must document that collocation is infeasible. d. Concealment: Concealment elements must be incorporated into the proposed design of the small wireless facility installation, and must include approved camouflaging or shrouding techniques. e. Ground-Mounted Equipment: Ground-mounted equipment must be installed below grade or, if technically necessary, concealed in a ground-mounted cabinet. In addition to any applicable requirements in this Code, ground mounted cabinets must: i. be installed flush to the ground; ii. be the same color as neighboring, similar support cabinets or other ground- mounted structures; iii. not interfere in any way with the flow of pedestrian, bicycle or vehicular traffic when adjoining sidewalks, trails, or other similar passageways, iv. conform to the American’s with Disabilities Act (ADA) including with respect to appropriate sidewalk spacing; and v. not create a safety hazard. f. Lights: Unless otherwise required for compliance with FAA or FCC regulations, wireless facilities shall not include any lights or lighting. This subsection does not prohibit installations on streetlights or the installation of luminaires or additional street lighting on new support structures if and where required by the City. All wireless support structures must be capable of accommodating street lighting at 12, 18 or 30 feet above the ground to facilitate future street lighting as may be determined by the City. g) Location Criteria for New or Replacement Wireless Support Structures a. New Support Structures: Any new wireless support structures shall be placed: i. a minimum of two lot lines, or approximately 200 feet, whichever is greater, from any existing wireless support structure or utility pole on the same side of the street or right-of-way, and one lot line or approximately 100 feet, whichever is greater when on the opposite sides of the street or right-of-way. ii. at a distance which is the same as the prevailing separation distance among existing wireless support structures and poles in the surrounding vicinity as agreed upon by the applicant and City, or determined by the City where agreement cannot be reached; iii. as functional streetlights as the City may require, in its reasonable discretion; iv. in alignment with existing trees, wireless support structures, utility poles, and streetlights; v. an equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree; vi. with appropriate clearance from existing utilities; vii. outside of a 20-foot equipment clear zone (for base cabinets less than 18- inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners; viii. so as not to be located along the frontage of a Historic building, deemed historic on a federal, state, or local level; ix. so as not to significantly create a new obstruction to property sight lines; x. at shared property lines if feasible; xi. not within 50 feet of the apron of a fire station or other emergency service responder facility. b. Replacement of City-Owned Support Structures: Any replaced wireless support structures shall remain in their existing location unless otherwise permitted by the City. Replacement pole height shall not exceed 50 feet, or the height of the existing utility pole or wireless support structure, whichever is greater. c. Obstructions: Any new wireless support structure or other facilities associated with a new or existing wireless support structure must not obstruct access to: i. any existing above-ground or underground right-of-way user facilities, or public facilities; ii. any public infrastructure for traffic control, streetlight or public transportation purposes, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; iii. any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations); iv. fire hydrants; v. any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of-way; or vi. any fire escapes. ORDINANCE NO. 659 AN ORDINANCE AMENDING THE CITY CODE Chapter 24 Streets, Sidewalks and Other Public Places, Article II. Right-Of-Way Management Sections 24-22: Definitions, 24-28: Permit Required, 24-30: Issuance of Permit; Conditions; 24-43: Location and Relocation of Equipment or Facilities, and adopting a new section 24-52 Wireless Aesthetic Standards Section 1. City Code Section 24-22, Definitions hereby is amended by replacing the definitions of the Collocate or Collocation, Facility or Facilities, Right-of-Way or Public Right-of-Way, Right-of-Way User; Service or Utility Service; Small Wireless Facility and Wireless Support Structure to read as follows: Collocate or Collocation: To install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, by the City, or by another government unit. Facility or Facilities: Any tangible asset in the right-of-way required to provide utility or telecommunication service. Right-of-Way or Public Right-of-Way: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. Right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Right-of-Way User: (1) A telecommunications right-of-way user; or (2) A person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way; or (3) Any other person occupying the right-of-way. Service or Utility Service: Includes: (1) Those services provided by a public utility as defined in Minn. Stats. § 216B.02, subds. 4 and 6; (2) Services of a telecommunications right-of-way user, including transporting voice or data information; and (3) Services of a cable communications systems as defined in Minn. Stats. ch. 238. Small Wireless Facility: A wireless facility that meets both of the following qualifications: (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2) All other wireless equipment associated with the small wireless facility not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from Ordinance No. 659 -2- March 19, 2019 public view within or behind an existing structure or concealment is, in aggregate, no more than 28 cubic feet in volume. Wireless Support Structure: A new or existing structure in a right-of-way designed to support or capable of supporting wireless facilities, including small wireless facilities, as reasonably determined by the City. Section 2. City Code Section 24-24, Permit Required subd. (a) is hereby amended to read as follows: (a) Permit Required. (1) Except as otherwise provided in this Code, no person may obstruct, construct retaining walls or landscaping, pave driveways or parking stalls, plant trees or shrubs; place courtesy benches, install irrigation, conduits, wires or other objects, or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained a right-of-way permit from the City Manager or his/her designee to do so. The right-of-way permit is valid only for the work, excavation or obstruction and specific duration included in the permit. (2) No person may erect or install a wireless support structure, collocate a wireless facility, or otherwise install a wireless facility in the specified portion of the right- of-way, without having first obtained a right-of-way permit from the City Manager or his/her designee to do so. (3) Nothing in this article releases persons placing obstructions in the right-of-way that do not require permits from retaining maintenance responsibility for those obstructions. Persons placing non-permitted obstructions in the right-of-way shall be fully responsible for damage to the obstructions due to maintenance or construction performed by the City or its representatives, and any damage caused by other parties. Section 3. City Code Section 24-30, Issuance of Permit; Conditions is hereby amended to read as follows: Sec. 24-30. - Issuance of Permit; Conditions. (a) Permit Issuance. If an applicant has satisfied the requirements of this article, the City Manager or his/her designee may issue a permit. (b) Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, State and federal laws, including, but not limited to, Minn. Stats. §§ 216D.01 through 216D.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (c) On-Site Meeting. If a project involves an excavation that extends more than 300 feet in length, the applicant must coordinate with City staff for an on-site utility meeting with Gopher State One Call. Ordinance No. 659 -3- March 19, 2019 (d) Small Wireless Facility Conditions. In addition to Subsection (b) of this section, the erection or installation of a wireless support structure, the collocation of a wireless facility, or other installation of a wireless facility in the right-of-way, shall be subject to the conditions contained in Section 24.52 of this Code. : (f) Action on Small Wireless Facility Permit Application. (1) Deadline for Action. The City shall approve or deny a small wireless facility permit application for collocation of a small wireless facility on an existing structure within 60 days after filing of such application. The City shall approve or deny a small wireless facility permit application for attachment of a small wireless facility on a new structure within 90 days after the filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. (2) Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: a. Are located within a two-mile radius b. Consist of substantially similar equipment; and c. Are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (3) Tolling of Deadline. The deadline for action on a small wireless facility permit applications may be tolled if: a. The applicant fails to submit all required documents or information and the City provides written notice of incompleteness to the applicant within 10 days of receipt the application. Upon submission of additional documents or information, the City shall have 10 days to notify the applicant in writing of any still-missing information. b. The City and a small wireless facility applicant agree in writing to toll the review period. (g) Record Drawings Required. As a condition of a right-of-way permit, a permittee automatically agrees to provide construction record drawings for the facilities installed under the permit. The construction record drawings shall be prepared in accordance with the requirements of the City and as outlined in the mapping requirements portion of this article. Section 4. City Code Section 24-43, Location and Relocation of Equipment or Facilities subd. (a) is hereby amended to read as follows: (a) Undergrounding. Unless otherwise stated in this Code, or agreed in a franchise or other agreement between the applicable right-of-way user and the City, facilities in Ordinance No. 659 -4- March 19, 2019 the right-of-way must be located or relocated and maintained underground in accordance with this article. Section 5. City Code Chapter 24 Street, Sidewalks and Other Public Places, Article II. Right-Of-Way Management is hereby amended by adding new Section 24-52 to read as follows: Section 24-52- Wireless Aesthetic Standards a) Findings. The City of Golden Valley desires the most advanced and highest quality wireless services available. The City also wishes to minimize the negative impacts associated with wireless facility deployments including small wireless facilities. Such negative impacts may include interference with right-of-way sight lines, aesthetic impacts that are inconsistent with the surrounding area, fall zone and clear zone risks, navigation obstacles, interference with future transportation improvement plans, interference with the installation or maintenance of public utilities, and increased visual or noise pollution. The following aesthetic standards and requirements are intended to maintain the City’s aesthetic environment while also allowing for the availability of wireless services, including broadband and “5G” services, using small wireless facilities. These standards are intended to establish clear and consistent aesthetic standards for wireless facility placements in the City right-of-way and to establish a streamlined review and approval process. In addition, these standards seek to minimize unnecessary placement of new wireless support structures in the City’s right-of-way by encouraging co-location of wireless facilities with other wireless facilities and utilities. b) Permit Required. To address the foregoing impacts, any person desiring to locate or collocate wireless facilities or place new wireless support structures in the City’s right- of-way must first obtain a right-of-way permit pursuant to this Code. c) Collocation Agreement Required. Any person seeking to collocate wireless facilities on a wireless support structure owned or controlled by the City must first enter a standard collocation agreement. The standard collocation agreement may require payment of the following: a. Up to $150.00 per year for rent to collocate on the City structure; b. $25.00 per year for maintenance associated with the collocation; and c. A monthly fee for electrical service as follows: i. $73.00 per radio node less than or equal to 100 maximum watts ii. $182.00 per radio node over 100 maximum watts; or iii. The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required right-of-way permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a right-of-way permit does not supersede, alter or affect any then-existing agreement between the City and applicant. Ordinance No. 659 -5- March 19, 2019 d) Applicability of Aesthetic Standards. These standards apply to all right-of-way permit applications for placement or collocation of wireless facilities on City-owned and non- City-owned wireless support structures or utility poles, and the placement or replacement of wireless support structures in the public right-of-way. Compliance with these standards is a requirement for, and condition of, issuance of a right-of-way permit for a wireless facility. Any installation that does not conform to these standards will be in violation of the associated permit and the City’s right-of-way ordinance. e) Additional Requirements. In addition to the following standards, the placement of new support structures for wireless facilities shall be subject to any conditions specified in the right-of-way permit. Applications to install wireless facilities or place new support structures in districts zoned for residential uses, within areas or corridors designated as special street lighting areas, within a historic district established by federal or state law or City ordinance, shall further be subject to any conditions contained in Section 113-154 of this Code and, when applicable, any required conditional use permit authorizing such installation. f) Aesthetic Design Standards. The City desires to promote aesthetically acceptable and area conforming wireless facilities using the smallest and least intrusive means available to provide wireless services to the community. All wireless facilities and wireless support structures in the public right-of-way must comply with all applicable provisions in this section. a. Wireless Support Structures: All City or privately owned wireless support structures placed within the City shall be of a fully enclosed design such that the maximum amount of facilities, including any wiring, are concealed inside the structure or below ground. The City standard wireless support structure shall be the Valmont Pole Drawing Number TK01260 or an approved equal. All wireless support structures, whether existing, new or replacement wireless support structures, must: i. be constructed of aluminum or steel; ii. be the same color as neighboring, similar support structures and of the same design characteristics; iii. where constructed as a light pole, luminaire(s) and luminaire arm(s) must match adjacent city lighting standard and must contain an LED fixture in accordance with City specifications; and iv. be the City standard support structure, or an alternative support structure that is consistent with the aesthetics of the City standard support structure. Alternatives to the City Standard structure may be approved on a case by case basis by the City Manager or his/her designee. b. Antennas: Antennas must be top-mounted and concealed within a radome (a structural, weatherproof enclosure that protects an antenna and is constructed of material that minimally attenuates the signal transmitted/received by such antenna) or otherwise concealed to the extent feasible. Cable connections, antenna mounts and other hardware must also be concealed. The radome or other concealment must be non-reflective and painted or otherwise colored to Ordinance No. 659 -6- March 19, 2019 match the wireless support structure. c. Collocation: Collocations between wireless service providers and with other utilities on the same support structure is required wherever feasible. If an applicant proposes to not collocate in areas where collocation options are or appear to be available, the applicant must document that collocation is infeasible. d. Concealment: Concealment elements must be incorporated into the proposed design of the small wireless facility installation, and must include approved camouflaging or shrouding techniques. e. Ground-Mounted Equipment: Ground-mounted equipment must be installed below grade or, if technically necessary, concealed in a ground-mounted cabinet. In addition to any applicable requirements in this Code, ground mounted cabinets must: i. be installed flush to the ground; ii. be the same color as neighboring, similar support cabinets or other ground-mounted structures; iii. not interfere in any way with the flow of pedestrian, bicycle or vehicular traffic when adjoining sidewalks, trails, or other similar passageways, iv. conform to the American’s with Disabilities Act (ADA) including with respect to appropriate sidewalk spacing; and v. not create a safety hazard. f. Lights: Unless otherwise required for compliance with FAA or FCC regulations, wireless facilities shall not include any lights or lighting. This subsection does not prohibit installations on streetlights or the installation of luminaires or additional street lighting on new support structures if and where required by the City. All wireless support structures must be capable of accommodating street lighting at 12, 18, 30 feet above the ground to facilitate future street lighting as may be determined by the City. g) Location Criteria for New or Replacement Wireless Support Structures a. New Support Structures: Any new wireless support structures shall be placed: i. a minimum of two lot lines, or approximately 200 feet, whichever is greater, from any existing wireless support structure or utility pole on the same side of the street or right-of-way, and one lot line or approximately 100 feet, whichever is greater when on the opposite sides of the street or right-of-way. ii. at a distance which is the same as the prevailing separation distance among existing wireless support structures and poles in the surrounding vicinity as agreed upon by the applicant and City, or determined by the City where agreement cannot be reached; Ordinance No. 659 -7- March 19, 2019 iii. as functional streetlights as the City may require, in its reasonable discretion; iv. in alignment with existing trees, wireless support structures, utility poles, and streetlights; v. an equal distance between trees when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree; vi. with appropriate clearance from existing utilities; vii. outside of a 20-foot equipment clear zone (for base cabinets less than 18-inches in diameter) or 30-foot clear sight triangle (for base cabinets equal to or greater than 18-inches in diameter) at intersection corners; viii. so as not to be located along the frontage of a Historic building, deemed historic on a federal, state, or local level; ix. so as not to significantly create a new obstruction to property sight lines; x. at shared property lines if feasible; xi. not within 50 feet of the apron of a fire station or other emergency service responder facility. b. Replacement of City-Owned Support Structures: Any replaced wireless support structures shall remain in their existing location unless otherwise permitted by the City. Replacement pole height shall not exceed 50 feet, or the height of the existing utility pole or wireless support structure, whichever is greater. c. Obstructions: Any new wireless support structure or other facilities associated with a new or existing wireless support structure must not obstruct access to: i. any existing above-ground or underground right-of-way user facilities, or public facilities; ii. any public infrastructure for traffic control, streetlight or public transportation purposes, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; iii. any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations); iv. fire hydrants; v. any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right-of- way; or vi. any fire escapes. Section 6. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Ordinance No. 659 -8- March 19, 2019 Section 7. This ordinance shall take effect from and after its passage and publication as required by law. Adopt by the City Council this 19th day of March, 2019. /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 March 19, 2019 Agenda Item 6. D. Second Consideration of Therapeutic Massage Licensing, Permitting and Regulation Ordinance Prepared By Maria Cisneros, City Attorney Kris Luedke, City Clerk Summary The City’s massage licensing and regulation ordinance has not been updated in several decades. (City Code § 16-230 et. seq.) Staff recommends updating this section of the code because (1) it contains outdated language and overlaps with other sections of the code; (2) the organization of the ordinance and application requirements are confusing; and (3) there are legitimate uses for massage that the Council may wish to exempt from licensing requirements, such as services provided in nursing homes or to in-home hospice care patients. The first consideration was presented at the March 5, 2019, City Council meeting. At that meeting the Council asked staff to review the restrictions involving provision of massage services to minors, the length of the term of temporary permits and the fees charged for temporary permits. Staff researched these matters further and discussed the Council’s concerns with members of the public, including business owners who would be impacted by these changes. After careful consideration, Staff recommends some minor changes to the sections of the ordinance dealing with these issues. Those changes are shown in the attached redline. Staff continues to recommend the ordinance require minors to be accompanied by parents or guardians, but modified the proposed ordinance to allow minors to receive non-massage services, such as facials, without their parent or guardian. With respect to temporary massage permits, Staff recommends a term of 6 months (rather than the 3 months originally proposed) and a fee of $40 for temporary permits to cover the City’s cost in reviewing and issuing those permits. Staff recommends a streamlined renewal process for temporary permits that is free of charge and only requires the massage therapist or hospice provider to give notice that the treatment will continue. If the Council adopts the ordinance on second consideration, the new ordinance would be effective after publication on March, 28, 2019. Current license holders would not be affected until the next licensing cycle. Staff made minor changes to the proposed ordinance based on the Council’s comments at the first reading. The materials include a redline showing these changes. Staff recommends the Council approve the attached summary publication of the ordinance. To approve summary publication the council must determine that publication of the title and a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. Attachments • Proposed City Code – Article VIII. Therapeutic Massage Licensing, Permitting & Regulations with redline changes between the first and second consideration(13 pages) • Ordinance #656, Repealing in its Entirety Article VIII. Massage Parlors, Sauna, and Other Adult- Oriented Services and Adding a New Article VIII. Therapeutic Massage Licensing, Permitting and Regulations (13 pages) • Summary of Ordinance #656 (1 page) Recommended Action Motion to adopt second consideration, Ordinance #656, repealing in its Entirety Article VIII. Massage Parlors, Sauna, and Other Adult-Oriented Services and Adding a New Article VIII. Therapeutic Massage Licensing, Permitting and Regulations. Motion to approve Summary of Ordinance #656, for Publication based on the finding that the title and summary clearly inform the public of the intent and elect of the ordinance. 1 1 1 ARTICLE VIII. THERAPEUTIC MASSAGE LICENSING, PERMITTING & REGULATION Sec. 16-230. - Purpose. The purpose of this section of the City Code is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises or permitted massage therapists or otherwise exempted from licensing and permitting requirements pursuant to this section. The licensing regulations prescribed herein are necessary in order to protect businesses that are operating legitimate enterprises, to prevent criminal activity and to protect the health and welfare of the community. The purpose of this section is not to impose restrictions or limitations on the freedom of protected speech or expression. Sec. 16-231. - Findings of the City Council. The City Council makes the following findings regarding the need to license therapeutic massage enterprises and permit therapists and to prohibit all other types of massage businesses and services to the public: Persons who have bona fide and standardized training in therapeutic massage,a) health, and hygiene can provide a legitimate and necessary service to the general public. Health and sanitation regulations governing therapeutic massage enterprises andb) therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. License and permit qualifications for the restrictions on therapeutic massagec) enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. Massage services provided by persons with no specialized and standardizedd) training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. Massage businesses which employ persons with no specialized and standardizede) training can tax City law enforcement services because such businesses are more likely to be used as fronts for prostitution and other criminal activity than operations established by persons with standardized training. The training of professional massage therapists at accredited institutions is anf) important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Sec. 16-232. - Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: Accredited Institution. An educational institution holding accredited status with the United States Department of Education or licensed by the Minnesota Office of Higher Education. Accredited Program. A professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA) or the National Accrediting Commission of Career Arts and Sciences (NACCAS), or a professional massage program offered by an accredited institution. Clean. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Issuing Authority. The City Manager, or his/her designee. Massage. Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. Massage Therapist. An individual who practices or administers massage to the public at a Therapeutic Massage Enterprise (as defined below) that is licensed by the City of Golden Valley, and who can demonstrate to the City that he or she has completed 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited program or accredited institution. These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma. In the event the accredited program or accredited institution is no longer in existence, in the sole discretion of the City, a certified copy of the transcript of academic record may be accepted directly from the applicant with an affidavit stating said transcript of academic record is authentic. The transcript of academic record must be from a program or institution that was once licensed or accredited. The certified copy of the transcript of academic record must contain the applicant’s name, last address of the accredited institution at the time of closing, and reflect the 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice as required. Operate. To own, manage or conduct, or to have control, charge or custody over. Person. Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Therapeutic Massage Enterprise. An entity which operates a business which hires or contracts only licensed massage therapists to provide therapeutic massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a massage therapist if she or he does not at any time practice or administer massage to the public. A therapeutic massage enterprise may employ other individuals such as administrative staff, 2 2 2 cosmetologists, and estheticians, and these individuals are not required to have a massage therapist permit as long as they are not providing therapeutic massage to the public. Sec. 16-233. - License/Permit Required. Therapeutic Massage Enterprise License. It shall be unlawful for any person ora) entity to own, operate, engage in, or carry on, within the City, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the City pursuant to this section. The issuing authority shall issue therapeutic massage enterprise licenses in such a manner that the number of therapeutic massage enterprise licenses shall not exceed 6. Massage Therapist Permit. It shall be unlawful for any individual to practice,b) administer, or provide massage services to the public for consideration within the City without first having obtained a massage therapist permit from the City pursuant to this section. Sec. 16-234. - Exceptions. A therapeutic massage enterprise license or massage therapist permit is not required for the following persons and places: Places licensed and operating as a hospital, nursing home, hospice, sanitarium,a) group home, or other health care office, clinic, or facility established for the hospitalization or care of human beings provided the massage is administered only to the residents or patients of the facility as part of their care and not provided as a part of a separate service. Persons performing massage services at places licensed and operating as a hospital,b) nursing home, hospice, sanitarium, group home, or other health care office, clinic, or facility established for the hospitalization or care of human beings provided the massage is administered only to the residents or patients of the facility as part of their care and not provided as a part of a separate service. Persons duly licensed as a doctor by this state to practice medicine, surgery,c) osteopathy, chiropractic, physical therapy or podiatry, provided the massage is administered in the regular course of the medical business as it prepares the patient for a medical procedure or complements a medical procedure previously performed on the patient and not provided as part of a separate and distinct massage business. Any duly licensed doctor that offers any form of massage without a direct link to a medical procedure must obtain a massage license. Persons working under the direction and control of a doctor duly licensed by thed) state of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, or dentistry, provided the massage is administered on the premises of the medical business. Places licensed by the State of Minnesota as a “Salon” pursuant to Minnesota Statutes,e) section 155A.29, as that section may be amended from time to time provided such places do not hold themselves out as massage parlors and the massage is administered 3 3 3 4 4 4 only as part of the services of the licensed salon and not as a part of a separate service. Persons duly licensed by this state as estheticians, cosmetologists, nail techniciansf) or barbers under Minnesota Statutes, chapter 154 and 155A, as those chapters may be amended from time to time, provided such persons do not hold themselves out as giving massage treatments and provided the massage by estheticians, cosmetologists and barbers is limited to the head and neck, and the massage by nail technicians is limited to the hand to elbow and foot to knee. Students of an accredited institution who are performing massage services in theg) course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution, or are performing massage services at a licensed therapeutic massage enterprise only on owners or staff of the licensed therapeutic massage enterprises, and not on members of the public. Places that are bona fide health/sports establishments and meet the following criteria:h) The primary purpose of the establishment is health and fitness;1) No more than 10% of the establishment revenue is derived from massage;2) The financial records of the establishment are available to the City for inspection3) upon request; The establishment has ongoing membership which list is available to the City for4) inspection upon request. Persons performing massage services at a bona fide health/sports establishment meetingi) the criteria set forth in paragraph H above. Athletic trainers certified by the National Association of Athletic Trainers (NAAT)j) when working with amateur, semiprofessional or professional athletes or athletic teams. Persons providing “chair massage” are not required to obtain a therapeutic massagek) enterprise license or a massage therapist permit if the following requirements are met: The massage is provided in a place of business where the massage can easily be1) seen by any employee or visitor on the premises; The location does not hold a license to sell alcoholic beverages;2) Each recipient of a massage remains in an upright position, either sitting or3) standing; and Each recipient of a massage remains in the normal, daytime attire work when4) entering the business and does not remove any clothing except outerwear, such as a coat or jacket. Persons who are granted a Temporary Massage Therapist Permit pursuant to sectionl) 16-235 herein. Sec. 16-235. - Temporary Massage Therapist Permit for Hospice Temporary Permit Conditions. The City shall issue a temporary massage therapista) permit to persons working under the direction and control of a doctor duly licensed by the state of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, or dentistry, to administer massage in the patient’s residence provided all of the following conditions are met: The care is being provided as “hospice care” or “hospice services” to a “hospice1) patient,” as those terms are defined by Minnesota Statutes, section 144A.75 administered by a hospice provider duly licensed by the state of Minnesota; The applicant meets the definition of massage therapist in section 16-232 of2) this article; and The applicant is not ineligible for a permit under section 16-239(b) of this3) article.; and The care is being provided at the residence of the hospice patient.4) Scope and Duration of Permit. A temporary massage therapist permit is only validb) for hospice care provided at the address and to the patient identified in the temporary permit application. Temporary permits shall be effective for a maximum of threesix months, shall not expire on December 31 of each year, and may be renewed up to three times in one calendar yearby giving written notice to the issuing authority prior to the expiration of the temporary permit. The written notice shall contain the names of the massage therapist, the hospice care provider and the hospice patient as well as a statement from the massage therapist or hospice care provider that it will continue to provide massage care to the patient pursuant to a valid and active treatment plan. There shall be no limit to the number of times a temporary massage therapist permit may be renewed. Verification and Considerationc) Background Investigation. The issuing authority is empowered to conduct any and1) all investigations she or he deems necessary to verify the information on all temporary massage therapist permit applications, including ordering a criminal history inquiry, background check, and a driver’s license history inquiry on the applicant. Insurance. Applicants must have current insurance coverage of $1,000,000 per2) occurrence, on an occurrence basis, for professional liability in the practice of massage. Upon completion of review of the application and the background investigation, the issuing authority shall approve or deny the temporary permit. Sec. 16-236. - License/Permit Applications. All applications, including initial applications and renewals, for therapeutic massage enterprise licenses and massage therapist permits, including temporary permits, shall be made on forms prescribed by the issuing authority. Application forms shall be fully completed and accompanied by all requested supporting documentation and fees. Sec. 16-237. - Terms, License/Permit Fees, Renewal Terms of Licenses and Permits. The maximum term of a therapeutic massagea) 5 5 5 enterprise license is one year from the date of issuance, and all massage enterprise licenses shall expire on December 31 of the year of issuance. The maximum term of a massage therapist permit, other than a temporary massage therapist permit, is one year from the date of issuance. All massage therapist permits, other than temporary massage therapist permits, shall expire December 31 of the year of issuance. License fees. License fees, investigation fees, and late fees are set forth in the City’sb) Master Fee Schedule. No investigation fee shall be refunded. When a license is issued for less than a 12 month term, the license fee shall be pro-rated, with any unexpired fraction of a month being counted as one month. Renewal of licenses. An application for renewal of an enterprise or individualc) license shall be made in the same manner as the original application. Sec. 16-238. - License/Permit Application Verification and Consideration. Therapeutic Massage Enterprise License.a) Background Investigation. All therapeutic massage enterprise license applications1) shall be referred to the issuing authority and such other City departments as the City Manager, or his/her designee, shall deem necessary for verification and investigation of the facts set forth in the application. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a criminal history inquiry and a driver’s license history inquiry on the applicant. The issuing authority and Police Department are authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History Information system in accordance with BCA policy, as well as any additional investigation, including but not limited to contacting other state agencies. In addition, all applications must include results of comprehensive national criminal background checks from a background investigative provider approved by the City for all massage therapists performing massage therapy at the therapeutic massage enterprise location. The national criminal background check is to be obtained and paid for by the therapeutic massage enterprise licensee upon signed release from massage therapists. Insurance. Applicants must have current insurance coverage of 1,000,000 per2) occurrence $2,000,000 annual aggregate, for commercial general liability on an occurrence basis. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as additional insured. Upon completion of review of the application and the background investigation the issuing authority shall present all therapeutic massage enterprise license applications and relevant supporting documentation, along with the issuing authority’s recommendation, to the City Council for approval or denial of the license. Massage Therapist Permit.b) Background Investigation. The issuing authority is empowered to conduct any and1) all investigations to verify the information on all massage therapist permit 6 6 6 7 7 7 applications, including ordering a criminal history inquiry, background check, and a driver’s license history inquiry on the applicant. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a criminal history inquiry and a driver’s license history inquiry on the applicant. The issuing authority and Police Department are authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History Information system in accordance with BCA policy, as well as any additional investigation, including but not limited to contacting other state agencies. Insurance. Applicants must have current insurance coverage of $1,000,000 per2) occurrence, on an occurrence basis, for professional liability in the practice of massage. Upon completion of review of the application and the background investigation, the issuing authority shall approve or deny the permit. Sec. 16-239. - Persons Ineligible for License. Therapeutic massage enterprise license. No therapeutic massage enterprise licensea) shall be issued to an establishment that: Is owned by one or more persons who are not 18 years of age or older at the time1) the application is submitted; Is owned by one or more persons that has been convicted of any crime directly2) related to the occupation licensed as prescribed by Minnesota Statutes 364.03, subdivisions 1–2, as they may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes 364.03, subdivision 3, as it may be amended from time to time; Has had an interest in, as an individual or as part of a corporation, partnership,3) association, enterprise, business or firm, a therapeutic massage enterprise license that was denied, revoked or suspended within the last five years of the date the license application is submitted to the City; Has had a massage therapist permit denied, revoked, suspended or not renewed4) within the last five years of the date the permit application is submitted; Is not of good moral character or repute;5) Has been subject to disciplinary action under Minnesota Statutes, chapter 146A or is6) owned by one or more persons who has been subject to any such disciplinary action; Is not the real party in interest of the enterprise;7) Has knowingly misrepresented or falsified information on a license application at8) any time; or Cannot meet the definition of therapeutic massage enterprise in section 16-232 of9) this article. Massage Therapist Permit. No massage therapist permit shall be issued to a personb) who: Is not 18 years of age or older at the time the application is submitted;1) Has been convicted of any crime directly related to the occupation licensed as2) prescribed by Minnesota Statutes 364.03, subdivisions 1–2, as they may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes 364.03, subdivision 3, as it may be amended from time to time; Has had an interest in a corporation, partnership, association, enterprise,3) business or firm, a therapeutic massage enterprise license that was denied, revoked, suspended or not renewed within the last five years of the date the permit application is submitted; Has had a massage therapist permit denied, revoked, suspended or not renewed4) within the last five years of the date the permit application is submitted; Is not of good moral character or repute;5) Has been subject to disciplinary action under Minnesota Statutes, chapter 146A;6) Has knowingly misrepresented or falsified information on a license or permit7) application at any time; or Cannot meet the definition of massage therapist in section 16-232 of this8) article. Sec. 16-240. - Locations Ineligible for Therapeutic Massage Enterprise License. Delinquent Taxes. No therapeutic massage enterprise shall be licensed if sucha) enterprise is located on property in which taxes, assessments, or other financial claims to the state, county, school district, or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01 through 278.13 questioning the amount or validity of taxes, the City Manager may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. Zoning. No therapeutic massage enterprise shall be licensed if the location of suchb) enterprise is not in conformance with any provision of this article or with Chapter 113 of this Code unless such enterprise is a legal, nonconforming use. 8 8 8 Building. Fire, and Code Compliance Violations. No therapeutic massagec) enterprise shall be licensed if the location of such enterprise is not in compliance with State Building and Fire Codes, or any other City or State safety and sanitary requirements. If the massage therapist permit of two or more massage therapists employed by ad) therapeutic massage enterprise have been revoked within a twelve month period, the location’s therapeutic massage enterprise license shall be revoked and a therapeutic massage enterprise license may not be issued or renewed for that location for the 12 months following the revocation of the second massage therapist permit. Sec. 16-241. - License/Permit Restrictions. Posting of licenses and Permits. All therapeutic massage enterprise licenses issueda) must be posted in a conspicuous place on the premises for which they are used. A person holding a massage therapist permit shall have the permit readily available at all times that therapeutic massage services are rendered. Licensed premises. A therapeutic massage enterprise license is only effective for theb) compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, or if the licensee moves to a new location during the term of the license, the licensee shall inform the issuing authority in advance. It shall be the continuing duty of each licensee to inform the issuing authority in advance of any change in the information or facts required to be furnished on the application for license and failure to comply with this section shall constitute cause for revocation, suspension or non-renewal of such license. Off-Site Services Prohibited. Except as otherwise provided herein, a massagec) therapist permit shall entitle the permitted therapist to perform massage only at a licensed therapeutic massage enterprise or, in the case of a temporary permit, at the residence of the hospice patient identified on the temporary permit application. Transfer of License Prohibited. Licenses issued are for the person or premisesd) named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person. Employment of Unpermitted Massage Therapists Prohibited. No therapeutice) massage enterprise shall employ or contract any person to perform massage services who is not permitted as a massage therapist under this section, unless the person is specifically exempted from obtaining a massage therapist permit in section 16-234 of this article. Coverage of Genitals during Massage. The licensee shall require that the personf) who is receiving the massage shall completely cover at all times genitals and breasts with non-transparent material or clothing. Massage Therapist Dress/Uniform Requirements. Any massage therapist performingg) massage shall at all times be fully clothed and professionally dressed. 9 9 9 Effect of License/Permit Suspension or Revocation. No licensee or permittee shallh) solicit business, offer to perform massage services, or perform massage services while under license suspension or revocation by the City. Massage of Certain Body Parts Prohibited. At no time shall the massage therapisti) intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, vaginal area or breasts of a person. Restrictions Regarding Hours of Operation. No therapeutic massage enterprisej) shall be open for business, nor shall any massage therapist offer massage services, before 7:00 a.m. or after 10:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. Inspections. In light of the high risk of involvement with illegal conduct ank) establishment providing massage therapy poses to the general public, the issuing authority, City inspectors and the City Police Department shall have the right to enter and inspect the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this Code. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. Posting of rates. A licensed therapeutic massage enterprise must post its rates forl) service in a prominent place in the entrance or lobby of the business. Illegal activities. In addition to the license restrictions set forth in this section, anym) advertising by a licensee or representative of licensee of any unlawful, misleading or erotic conduct at the licensed establishment shall be prohibited. A licensee shall be strictly responsible for the conduct of the business, including the conduct of all of its employees and agents while on the licensed premises or conducting business on behalf of the licensee, and shall ensure that the business is operated in compliance with all applicable laws and ordinances. Restrictions involving minors. No person under the age of 18 shall be permitted ton) receive massage services at any time to be in or on the licensed premises as a customer, guest, or employee, unless accompanied by her or his/her parent or guardian, and. In cases where a licensed therapeutic massage enterprise offers services other than massage, such as services provided by a licensed esthetician or cosmetologist, persons under the age of 18 must be with theirmay receive services other than massage at the licensed premises, without the presence of his/her parent or guardian at all times while on the premises. Food preparation. Food preparation on site shall only occur in locationso) specifically designed for that purpose and with proper building permits having been obtained. Food preparation is limited to use for employees during breaks during their regular shift. 1010 10 p)Habitation. A licensed therapeutic massage enterprise shall not contain sleeping quarters or living spaces of any kind intended for habitation, including but not limited to beds, cots, or mattresses. q)Alcoholic beverages. In complia nce wit h Mi nn. Stat. § 340A.401, no pe rs on ma y dire ctly or in dire ctly, on any pre te ns e or by a ny devic e, s ell, cons ume, barte r, keep for sale, cha rge for pos session or othe rwis e dispos e of a lc oholic beverages ons it e. Intoxicating alcoholic beverages does not include alcohol used in direct conjunction with massage therapy such as in cleaning. Sec. 16-242. - Restrictions Regarding Sanitation, Health, and Safety. Restroom Requirements. A licensed therapeutic massage enterprise shall be equippeda) with adequate and conveniently located restrooms for the accommodation of its employees and patrons. The restroom shall be well ventilated by natural or mechanical methods and be enclosed with a door. The restroom shall be kept clean and in good repair and shall be adequately lighted. Paper/Linen Requirements. A licensed therapeutic massage enterprise shall provideb) single-service disposal paper or clean linens to cover the massage therapy table or chair on which the patron receives the massage; or in the alternative, if the massage therapy table or chair on which the patron receives the massage is made of material impervious to moisture, such massage therapy table, chair shall be properly sanitized after each massage. Washing of Hands Required. The permitted massage therapist shall wash his or /herc) hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. Door Latches and Locks. Doors on massage therapy rooms shall not be locked or bed) capable of being locked. Locks, latches or other devices intended to secure a door so as to prevent it from being opened by any person from either side of the door with or without a key cannot be present on any doors of rooms intended or used for massage therapy. Sec. 16-243. - Sanctions for Violations. Suspension or Revocation. The City Council, in the case of licenses, or the issuinga) authority, in the case of permits, may suspend, revoke, or refuse to renew a license or permit issued pursuant to this section for any of the following: A violation related to fraud, misrepresentation, or false statement contained1) in a license application or a renewal application. A violation related to fraud, misrepresentation, or false statement made in the2) course of carrying on the licensed occupation or business. Any violation of this section of the Code or state law.3) 1111 11 A violation by any licensee or permittee that is directly related to the occupation4) or business licensed as defined by Minnesota Statutes 364.03, subdivision 2. Conducting the licensed business or occupation in an unlawful manner or in such5) a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public, or after repeated complaints received regarding conduct of business practices or method of solicitation. If the owner, manager, lessee or any of the employees are found to be in control or6) possession of an alcoholic beverage, a narcotic drug or controlled substance on the premises, other than drugs which may be purchased over the counter without a prescription or those for which the individual has a prescription. If the holder of a therapeutic massage enterprise license fails to maintain with the7) City a current list of all employees of such licensed premises. The list shall include all massage therapists permitted under this section. Neither the charging of a criminal violation nor a criminal conviction is required8) in order for the City to suspend, revoke, or refuse to renew a license. In the event of multiple therapeutic massage enterprise locations, any license suspension or revocation shall apply to any and all therapeutic massage enterprise locations in the City. Effective Date of Revocation or Suspension. Revocation or suspension shall beb) effective upon written notice thereof to the licensee or permittee. Notice shall be provided by personal delivery to the licensee or permittee, or by any manner permitted for the service of process under the Minnesota Rules of Civil Procedure for the District Courts. Appeal Process. A licensee or permittee may appeal a license or permit suspension,c) revocation, denial or non-renewal to a hearing officer in an administrative hearing as provided for in section 2-4 of the Code. Penalties. Any person or entity violating the provisions of this section is guilty of ad) misdemeanor under Minnesota law and shall be punished by a fine or by imprisonment, or both. Each violation shall constitute a separate offense. Conviction of violation of this article, while not required, may be grounds for the suspension or revocation of any license issued under this section. Ability to Reapply after Revocation. The holder of a therapeutic massage enterprisee) license or massage therapist permit may not reapply for a new license or permit for a period of five years if their license is revoked hereunder. Ability to Reapply after Denial. The applicant for a therapeutic massage enterprisef) license or massage therapist permit may not reapply for a license for a period of five years if the applicant’s license or permit has previously been denied by the City or another governmental entity for any reason. Previous License or Permit Infractions. In the event there is a license or permitg)1212 12 1313 13 infraction or a pending citation involving a licensed establishment or a permitted massage therapist, the City may, at its option, chose to not to take action on any license or renewal application until such infraction or pending citation has been resolved. ORDINANCE NO. 656 AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Article VIII. Massage Parlors, Sauna, and Other Adult-Oriented Services and Adding a New Article VIII. Therapeutic Massage Licensing, Permitting and Regulations The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Article VIII entitled “Massage Parlors, Sauna, and Other Adult-Oriented Services” is hereby repealed in its entirety. Section 2. City Code, Article VIII is hereby amended by adding a new Article VIII. Therapeutic Massage Licensing, Permitting and Regulations reading as follows: ARTICLE VIII. THERAPEUTIC MASSAGE LICENSING, PERMITTING & REGULATION Sec. 16-230. - Purpose. The purpose of this section of the City Code is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises or permitted massage therapists or otherwise exempted from licensing and permitting requirements pursuant to this section. The licensing regulations prescribed herein are necessary in order to protect businesses that are operating legitimate enterprises, to prevent criminal activity and to protect the health and welfare of the community. The purpose of this section is not to impose restrictions or limitations on the freedom of protected speech or expression. Sec. 16-231. - Findings of the City Council. The City Council makes the following findings regarding the need to license therapeutic massage enterprises and permit therapists and to prohibit all other types of massage businesses and services to the public: a) Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. b) Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. c) License and permit qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. e) Massage businesses which employ persons with no specialized and standardized Ordinance No. 656 -2- March 19, 2019 training can tax City law enforcement services because such businesses are more likely to be used as fronts for prostitution and other criminal activity than operations established by persons with standardized training. f) The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Sec. 16-232. - Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: Accredited Institution. An educational institution holding accredited status with the United States Department of Education or licensed by the Minnesota Office of Higher Education. Accredited Program. A professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA) or the National Accrediting Commission of Career Arts and Sciences (NACCAS), or a professional massage program offered by an accredited institution. Clean. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Issuing Authority. The City Manager, or his/her designee. Massage. Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. Massage Therapist. An individual who practices or administers massage to the public at a Therapeutic Massage Enterprise (as defined below) that is licensed by the City of Golden Valley, and who can demonstrate to the City that he or she has completed 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited program or institution. These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma. In the event the accredited program or institution is no longer in existence, in the sole discretion of the City, a certified copy of the transcript of academic record may be accepted directly from the applicant with an affidavit stating said transcript of academic record is authentic. The transcript of academic record must be from a program or institution that was once licensed or accredited. The certified copy of the transcript of academic record must contain the applicant’s name, last address of the accredited institution at the time of closing, and reflect the 500 hours of certified therapeutic massage training with content Ordinance No. 656 -3- March 19, 2019 that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice as required. Operate. To own, manage or conduct, or to have control, charge or custody over. Person. Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Therapeutic Massage Enterprise. An entity which operates a business which hires or contracts only licensed massage therapists to provide therapeutic massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a massage therapist if she or he does not at any time practice or administer massage to the public. A therapeutic massage enterprise may employ other individuals such as administrative staff, cosmetologists, and estheticians, and these individuals are not required to have a massage therapist permit as long as they are not providing therapeutic massage to the public. Sec. 16-233. - License/Permit Required. a) Therapeutic Massage Enterprise License. It shall be unlawful for any person or entity to own, operate, engage in, or carry on, within the City, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the City pursuant to this section. The issuing authority shall issue therapeutic massage enterprise licenses in such a manner that the number of therapeutic massage enterprise licenses shall not exceed 6. b) Massage Therapist Permit. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City without first having obtained a massage therapist permit from the City pursuant to this section. Sec. 16-234. - Exceptions. A therapeutic massage enterprise license or massage therapist permit is not required for the following persons and places: a) Places licensed and operating as a hospital, nursing home, hospice, sanitarium, group home, or other health care office, clinic, or facility established for the hospitalization or care of human beings provided the massage is administered only to the residents or patients of the facility as part of their care and not provided as a part of a separate service. b) Persons performing massage services at places licensed and operating as a hospital, nursing home, hospice, sanitarium, group home, or other health care office, clinic, or facility established for the hospitalization or care of human beings provided the massage is administered only to the residents or patients of the facility as part of their care and not provided as a part of a separate service. c) Persons duly licensed as a doctor by this state to practice medicine, surgery, Ordinance No. 656 -4- March 19, 2019 osteopathy, chiropractic, physical therapy or podiatry, provided the massage is administered in the regular course of the medical business as it prepares the patient for a medical procedure or complements a medical procedure previously performed on the patient and not provided as part of a separate and distinct massage business. Any duly licensed doctor that offers any form of massage without a direct link to a medical procedure must obtain a massage license. d) Persons working under the direction and control of a doctor duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, or dentistry, provided the massage is administered on the premises of the medical business. e) Places licensed by the State of Minnesota as a “Salon” pursuant to Minn. Stats. § 155A.29, as that section may be amended from time to time provided such places do not hold themselves out as massage parlors and the massage is administered only as part of the services of the licensed salon and not as a part of a separate service. f) Persons duly licensed by this state as estheticians, cosmetologists, nail technicians or barbers under Minn. Stats ch. 154 and 155A, as those chapters may be amended from time to time, provided such persons do not hold themselves out as giving massage treatments and provided the massage by estheticians, cosmetologists and barbers is limited to the head and neck, and the massage by nail technicians is limited to the hand to elbow and foot to knee. g) Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution, or are performing massage services at a licensed therapeutic massage enterprise only on owners or staff of the licensed therapeutic massage enterprises, and not on members of the public. h) Places that are bona fide health/sports establishments and meet the following criteria: 1) The primary purpose of the establishment is health and fitness; 2) No more than 10% of the establishment revenue is derived from massage; 3) The financial records of the establishment are available to the City for inspection upon request; 4) The establishment has ongoing membership which list is available to the City for inspection upon request. i) Persons performing massage services at a bona fide health/sports establishment meeting the criteria set forth in paragraph H above. j) Athletic trainers certified by the National Association of Athletic Trainers (NAAT) when working with amateur, semiprofessional or professional athletes or athletic teams. k) Persons providing “chair massage” are not required to obtain a therapeutic massage enterprise license or a massage therapist permit if the following requirements are Ordinance No. 656 -5- March 19, 2019 met: 1) The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; 2) The location does not hold a license to sell alcoholic beverages; 3) Each recipient of a massage remains in an upright position, either sitting or standing; and 4) Each recipient of a massage remains in the normal, daytime attire work when entering the business and does not remove any clothing except outerwear, such as a coat or jacket. l) Persons who are granted a Temporary Massage Therapist Permit pursuant to section 16-235 herein. Sec. 16-235. - Temporary Massage Therapist Permit for Hospice a) Temporary Permit Conditions. The City shall issue a temporary massage therapist permit to persons working under the direction and control of a doctor duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, or dentistry, to administer massage in the patient’s residence provided all of the following conditions are met: 1) The care is being provided as “hospice care” or “hospice services” to a “hospice patient,” as those terms are defined by Minn. Stats § 144A.75 administered by a hospice provider duly licensed by the State of Minnesota; 2) The applicant meets the definition of massage therapist in section 16-232 of this article; 3) The applicant is not ineligible for a permit under section 16-239(b) of this article; and 4) The care is being provided at the residence of the hospice patient. b) Scope and Duration of Permit. A temporary massage therapist permit is only valid for hospice care provided at the address and to the patient identified in the temporary permit application. Temporary permits shall be effective for a maximum of six months, shall not expire on December 31 of each year, and may be renewed by giving written notice to the issuing authority prior to the expiration of the temporary permit. The written notice shall contain the names of the massage therapist, the hospice care provider and the hospice patient as well as a statement from the massage therapist or hospice care provider that it will continue to provide massage care to the patient pursuant to a valid and active treatment plan. There shall be no limit to the number of times a temporary massage therapist permit may be renewed. c) Verification and Consideration 1) Background Investigation. The issuing authority is empowered to conduct any and all investigations she or he deems necessary to verify the information on all temporary massage therapist permit applications, including ordering a Ordinance No. 656 -6- March 19, 2019 criminal history inquiry, background check, and a driver’s license history inquiry on the applicant. 2) Insurance. Applicants must have current insurance coverage of $1,000,000 per occurrence, on an occurrence basis, for professional liability in the practice of massage. Upon completion of review of the application and the background investigation, the issuing authority shall approve or deny the temporary permit. Sec. 16-236. - License/Permit Applications. All applications, including initial applications and renewals, for therapeutic massage enterprise licenses and massage therapist permits, including temporary permits, shall be made on forms prescribed by the issuing authority. Application forms shall be fully completed and accompanied by all requested supporting documentation and fees. Sec. 16-237. - Terms, License/Permit Fees, Renewal a) Terms of Licenses and Permits. The maximum term of a therapeutic massage enterprise license is one year from the date of issuance, and all massage enterprise licenses shall expire on December 31 of the year of issuance. The maximum term of a massage therapist permit, other than a temporary massage therapist permit, is one year from the date of issuance. All massage therapist permits, other than temporary massage therapist permits, shall expire December 31 of the year of issuance. b) License fees. License fees, investigation fees, and late fees are set forth in the City’s Master Fee Schedule. No investigation fee shall be refunded. c) Renewal of licenses. An application for renewal of an enterprise or individual license shall be made in the same manner as the original application. Sec. 16-238. - License/Permit Application Verification and Consideration. a) Therapeutic Massage Enterprise License. 1) Background Investigation. All therapeutic massage enterprise license applications shall be referred to the issuing authority and such other City departments as the City Manager, or his/her designee, shall deem necessary for verification and investigation of the facts set forth in the application. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a criminal history inquiry and a driver’s license history inquiry on the applicant. The issuing authority and Police Department are authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History Information system in accordance with BCA policy, as well as any additional investigation, including but not limited to contacting other state agencies. In addition, all applications must include results of comprehensive national criminal background checks from a background investigative provider approved by the City for all massage therapists performing massage therapy at the therapeutic massage enterprise location. The national criminal background check is to be Ordinance No. 656 -7- March 19, 2019 obtained and paid for by the therapeutic massage enterprise licensee upon signed release from massage therapists. 2) Insurance. Applicants must have current insurance coverage of 1,000,000 per occurrence $2,000,000 annual aggregate, for commercial general liability on an occurrence basis. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as additional insured. Upon completion of review of the application and the background investigation the issuing authority shall present all therapeutic massage enterprise license applications and relevant supporting documentation, along with the issuing authority’s recommendation, to the City Council for approval or denial of the license. b) Massage Therapist Permit. 1) Background Investigation. The issuing authority is empowered to conduct any and all investigations to verify the information on all massage therapist permit applications, including ordering a criminal history inquiry, background check, and a driver’s license history inquiry on the applicant. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a criminal history inquiry and a driver’s license history inquiry on the applicant. The issuing authority and Police Department are authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History Information system in accordance with BCA policy, as well as any additional investigation, including but not limited to contacting other state agencies. 2) Insurance. Applicants must have current insurance coverage of $1,000,000 per occurrence, on an occurrence basis, for professional liability in the practice of massage. Upon completion of review of the application and the background investigation, the issuing authority shall approve or deny the permit. Sec. 16-239. - Persons Ineligible for License. a) Therapeutic massage enterprise license. No therapeutic massage enterprise license shall be issued to an establishment that: 1) Is owned by one or more persons who are not 18 years of age or older at the time the application is submitted; 2) Is owned by one or more persons that has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat § 364.03, subd. 1–2, as they may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minn. Stat § 364.03, subd. 3, as it may be amended from time to time; 3) Has had an interest in, as an individual or as part of a corporation, partnership, Ordinance No. 656 -8- March 19, 2019 association, enterprise, business or firm, a therapeutic massage enterprise license that was denied, revoked or suspended within the last five years of the date the license application is submitted to the City; 4) Has had a massage therapist permit denied, revoked, suspended or not renewed within the last five years of the date the permit application is submitted; 5) Is not of good moral character or repute; 6) Has been subject to disciplinary action under Minn. Stats, ch. 146A or is owned by one or more persons who has been subject to any such disciplinary action; 7) Is not the real party in interest of the enterprise; 8) Has knowingly misrepresented or falsified information on a license application at any time; or 9) Cannot meet the definition of therapeutic massage enterprise in section 16-232 of this article. b) Massage Therapist Permit. No massage therapist permit shall be issued to a person who: 1) Is not 18 years of age or older at the time the application is submitted; 2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 1–2, as they may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minn. Stats. § 364.03, subd. 3, as it may be amended from time to time; 3) Has had an interest in a corporation, partnership, association, enterprise, business or firm, a therapeutic massage enterprise license that was denied, revoked, suspended or not renewed within the last five years of the date the permit application is submitted; 4) Has had a massage therapist permit denied, revoked, suspended or not renewed within the last five years of the date the permit application is submitted; 5) Is not of good moral character or repute; 6) Has been subject to disciplinary action under Minn. Stats. ch. 146A; 7) Has knowingly misrepresented or falsified information on a license or permit application at any time; or 8) Cannot meet the definition of massage therapist in section 16-232 of this article. Sec. 16-240. - Locations Ineligible for Therapeutic Massage Enterprise License. a) Delinquent Taxes. No therapeutic massage enterprise shall be licensed if such enterprise is located on property in which taxes, assessments, or other financial claims to the state, county, school district, or City are due and delinquent. In the Ordinance No. 656 -9- March 19, 2019 event a suit has been commenced under Minn. Stats. § 278.01 through 278.13 questioning the amount or validity of taxes, the City Manager may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. b) Zoning. No therapeutic massage enterprise shall be licensed if the location of such enterprise is not in conformance with any provision of this article or with Chapter 113 of this Code unless such enterprise is a legal, nonconforming use. c) Building. Fire, and Code Compliance Violations. No therapeutic massage enterprise shall be licensed if the location of such enterprise is not in compliance with State Building and Fire Codes, or any other City or State safety and sanitary requirements. d) If the massage therapist permit of two or more massage therapists employed by a therapeutic massage enterprise have been revoked within a twelve month period, the location’s therapeutic massage enterprise license shall be revoked and a therapeutic massage enterprise license may not be issued or renewed for that location for the 12 months following the revocation of the second massage therapist permit. Sec. 16-241. - License/Permit Restrictions. a) Posting of licenses and Permits. All therapeutic massage enterprise licenses issued must be posted in a conspicuous place on the premises for which they are used. A person holding a massage therapist permit shall have the permit readily available at all times that therapeutic massage services are rendered. b) Licensed premises. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, or if the licensee moves to a new location during the term of the license, the licensee shall inform the issuing authority in advance. It shall be the continuing duty of each licensee to inform the issuing authority in advance of any change in the information or facts required to be furnished on the application for license and failure to comply with this section shall constitute cause for revocation, suspension or non-renewal of such license. c) Off-Site Services Prohibited. Except as otherwise provided herein, a massage therapist permit shall entitle the permitted therapist to perform massage only at a licensed therapeutic massage enterprise or, in the case of a temporary permit, at the residence of the hospice patient identified on the temporary permit application. d) Transfer of License Prohibited. Licenses issued are for the person or premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person. e) Employment of Unpermitted Massage Therapists Prohibited. No therapeutic Ordinance No. 656 -10- March 19, 2019 massage enterprise shall employ or contract any person to perform massage services who is not permitted as a massage therapist under this section, unless the person is specifically exempted from obtaining a massage therapist permit in section 16-234 of this article. f) Coverage of Genitals during Massage. The licensee shall require that the person who is receiving the massage shall completely cover at all times genitals and breasts with non-transparent material or clothing. g) Massage Therapist Dress/Uniform Requirements. Any massage therapist performing massage shall at all times be fully clothed and professionally dressed. h) Effect of License/Permit Suspension or Revocation. No licensee or permittee shall solicit business, offer to perform massage services, or perform massage services while under license suspension or revocation by the City. i) Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, vaginal area or breasts of a person. j) Restrictions Regarding Hours of Operation. No therapeutic massage enterprise shall be open for business, nor shall any massage therapist offer massage services, before 7:00 a.m. or after 10:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. k) Inspections. In light of the high risk of involvement with illegal conduct an establishment providing massage therapy poses to the general public, the issuing authority, City inspectors and the City Police Department shall have the right to enter and inspect the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this Code. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. l) Posting of rates. A licensed therapeutic massage enterprise must post its rates for service in a prominent place in the entrance or lobby of the business. m) Illegal activities. In addition to the license restrictions set forth in this section, any advertising by a licensee or representative of licensee of any unlawful, misleading or erotic conduct at the licensed establishment shall be prohibited. A licensee shall be strictly responsible for the conduct of the business, including the conduct of all of its employees and agents while on the licensed premises or conducting business on behalf of the licensee, and shall ensure that the business is operated in compliance with all applicable laws and ordinances. n) Restrictions involving minors. No person under the age of 18 shall be permitted to receive massage services at the licensed premises unless accompanied by his/her parent or guardian. In cases where a licensed therapeutic massage enterprise Ordinance No. 656 -11- March 19, 2019 offers services other than massage, such as services provided by a licensed esthetician or cosmetologist, persons under the age of 18 may receive services other than massage at the licensed premises without the presence of his/her parent or guardian. o) Food preparation. Food preparation on site shall only occur in locations specifically designed for that purpose and with proper building permits having been obtained. Food preparation is limited to use for employees during breaks during their regular shift. p) Habitation. A licensed therapeutic massage enterprise shall not contain sleeping quarters or living spaces of any kind intended for habitation, including but not limited to beds, cots, or mattresses. q) Alcoholic beverages. In compliance with Minn. Stats. § 340A.401, no person may directly or indirectly, on any pretense or by any device, sell, consume, barter, keep for sale, charge for possession or otherwise dispose of alcoholic beverages onsite. Intoxicating alcoholic beverages does not include alcohol used in direct conjunction with massage therapy such as in cleaning. Sec. 16-242. - Restrictions Regarding Sanitation, Health, and Safety. a) Restroom Requirements. A licensed therapeutic massage enterprise shall be equipped with adequate and conveniently located restrooms for the accommodation of its employees and patrons. The restroom shall be well ventilated by natural or mechanical methods and be enclosed with a door. The restroom shall be kept clean and in good repair and shall be adequately lighted. b) Paper/Linen Requirements. A licensed therapeutic massage enterprise shall provide single-service disposal paper or clean linens to cover the massage therapy table or chair on which the patron receives the massage; or in the alternative, if the massage therapy table or chair on which the patron receives the massage is made of material impervious to moisture, such massage therapy table, chair shall be properly sanitized after each massage. c) Washing of Hands Required. The permitted massage therapist shall wash his/her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. d) Door Latches and Locks. Doors on massage therapy rooms shall not be locked or be capable of being locked. Locks, latches or other devices intended to secure a door so as to prevent it from being opened by any person from either side of the door with or without a key cannot be present on any doors of rooms intended or used for massage therapy. Sec. 16-243. - Sanctions for Violations. a) Suspension or Revocation. The City Council, in the case of licenses, or the issuing authority, in the case of permits, may suspend, revoke, or refuse to renew a license or permit issued pursuant to this section for any of the following: Ordinance No. 656 -12- March 19, 2019 1) A violation related to fraud, misrepresentation, or false statement contained in a license application or a renewal application. 2) A violation related to fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. 3) Any violation of this section of the Code or state law. 4) A violation by any licensee or permittee that is directly related to the occupation or business licensed as defined by Minn. Stats. § 364.03, subd. 2. 5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public, or after repeated complaints received regarding conduct of business practices or method of solicitation. 6) If the owner, manager, lessee or any of the employees are found to be in control or possession of an alcoholic beverage, a narcotic drug or controlled substance on the premises, other than drugs which may be purchased over the counter without a prescription or those for which the individual has a prescription. 7) If the holder of a therapeutic massage enterprise license fails to maintain with the City a current list of all employees of such licensed premises. The list shall include all massage therapists permitted under this section. 8) Neither the charging of a criminal violation nor a criminal conviction is required in order for the City to suspend, revoke, or refuse to renew a license. In the event of multiple therapeutic massage enterprise locations, any license suspension or revocation shall apply to any and all therapeutic massage enterprise locations in the City. b) Effective Date of Revocation or Suspension. Revocation or suspension shall be effective upon written notice thereof to the licensee or permittee. Notice shall be provided by personal delivery to the licensee or permittee, or by any manner permitted for the service of process under the Minnesota Rules of Civil Procedure for the District Courts. c) Appeal Process. A licensee or permittee may appeal a license or permit suspension, revocation, denial or non-renewal to a hearing officer in an administrative hearing as provided for in section 2-4 of the Code. d) Penalties. Any person or entity violating the provisions of this section is guilty of a misdemeanor under Minnesota law and shall be punished by a fine or by imprisonment, or both. Each violation shall constitute a separate offense. Conviction of violation of this article, while not required, may be grounds for the suspension or revocation of any license issued under this section. e) Ability to Reapply after Revocation. The holder of a therapeutic massage enterprise license or massage therapist permit may not reapply for a new license or permit for a period of five years if their license is revoked hereunder. f) Ability to Reapply after Denial. The applicant for a therapeutic massage enterprise Ordinance No. 656 -13- March 19, 2019 license or massage therapist permit may not reapply for a license for a period of five years if the applicant’s license or permit has previously been denied by the City or another governmental entity for any reason. g) Previous License or Permit Infractions. In the event there is a license or permit infraction or a pending citation involving a licensed establishment or a permitted massage therapist, the City may, at its option, chose to not to take action on any license or renewal application until such infraction or pending citation has been resolved. Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” 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 19th day of March, 2019. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk SUMMARY OF ORDINANCE NO. 656 AN ORDINANCE AMENDING THE CITY CODE Article VIII. Therapeutic Massage Licensing, Permitting and Regulations This is a summary of the provisions of the above ordinance which has been approved for publication by the City Council. This ordinance amends Article VIII: Massage Parlors, Sauna, and Other Adult-Oriented Services by deleting it in its entirety and replacing it with Article VIII. Therapeutic Massage Licensing, Permitting and Regulations. This Article provides for license requirements for therapeutic massage enterprises and permitting requirements for massage therapists. This ordinance shall take effect upon publication. NOTICE: the foregoing is only a summary of the ordinance. A copy of the full text of this ordinance is available for inspection during regular office hours at the office of the City Clerk. Adopted by the City Council this 19th day of March, 2019. /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 March 19, 2019 Agenda Item 6. E. First Consideration Amending 2019 Master Fee Schedule for Temporary Massage Therapist Permit for Hospice Care Prepared By Sue Virnig, Finance Director Summary First consideration of this Ordinance would amend the 2019 Master Fee Schedule to add a permit fee for Temporary Massage Therapist Permit for Hospice Care. A temporary massage therapist permit would be issued to persons working under the direction and control of a doctor duly licensed by the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, or dentistry, and to administer massages in the patient’s residence for hospice care. Proposed Fee Temporary Massage Therapist Permit For Hospice Care (City Code Section 16-235) Valid for six months from issuance date and may be renewed consecutive without additional payment $40.00 Attachments • Ordinance #658, Amending the 2019 Master Fee Schedule for Temporary Massage Therapist Permit for Hospice (1 page) Recommended Action Motion to adopt first consideration Ordinance #658, Amending the 2019 Master Fee Schedule for Temporary Massage Therapist Permit for Hospice Care. ORDINANCE NO. 658 AN ORDINANCE AMENDING THE CITY CODE Amending 2019 Master Fee Schedule for Temporary Massage Therapist Permit for Hospice Care The City Council for the City of Golden Valley hereby ordains: Section 1. The 2019 Master Fee Schedule of the City Code is hereby amended by adding the following new Massage Therapist Permit for Hospice Care fees: Temporary Massage Therapist Permit for Hospice Care $40.00 Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 19th day of March, 2019. /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 March 19, 2019 Agenda Item 6. F. Second Consideration Amending Salaries of Mayor and Council Members Prepared By Kirsten Santelices, Human Resources Director Summary As per City Code, Council compensation is reviewed every two years. The average salary or wage increase for the City non-union employees for the previous two years was 5.5%; (2.5% in 2018 and 3% in 2019). The table below shows a 5.5% increase in Council salaries. If approved, the increase would begin January 1, 2020, and it has been reflected in the 2019-2020 Biennial Budget. The salary increase is reflected below: Current Salary New Salary Mayor $12,825 $13,530 Council Members $ 9,598 $10,126 The first consideration was presented at the March 5, 2019, City Council meeting. If the Council adopts the ordinance on second consideration, it will be effective in January 2020. Attachments • City Code Section 2.43 with underline/overstrike (1 page) • Ordinance #657, Amending Salaries of Mayor and Council Members (1 page) Recommended Action Motion to adopt second consideration, Ordinance #657, amending Salaries of Mayor and Council Members. Golden Valley City Code Sec. 2-43. - Salaries and Additional Compensation of Mayors and Council Members. (a) The salaries of the Mayor and Council Members commencing January 1, 2018 2020, shall be as follows: (1) Mayor: $12,825.00 $13,530.00 annually (2) Council Members: $9,598.00 10,126.00 annually. (b) Approved additional meetings. In addition to their salaries, the Mayor and Council shall be paid $50.00 for each meeting they are directed or designated to attend, up to a maximum of $150.00 per month. The method for approval of meetings shall be outlined by resolution of the Council. (c) Before May of each odd-numbered year, the City's staff shall provide to the Council the percentage representing the average salary or wage increase for City non-union employees for the previous two years so that the Council may consider appropriate increases in its salaries. (Code 1988, § 2.20; Ord. No. 63, 2nd Series, 4-25-1991; Ord. No. 618, 2nd Series, § 1, 3-7-2017) ORDINANCE NO. 657 AN ORDINANCE AMENDING THE CITY CODE Amending Salaries of Mayor and Council Members The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 2.43, (a) is hereby amended to read: (a) The salaries of the Mayor and Council Members commencing January 1, 2020, shall be as follows: (1) Mayor: $13,530.00 annually (2) Council Members: $10,126.00 annually. Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopt by the City Council this 19th day of March, 2019. /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 March 19, 2019 Agenda Item 6. G. Approval of Elected Official Out-of-State Travel Prepared By Timothy Cruikshank, City Manager Summary In 2005, the Minnesota Legislature adopted Minnesota Statute 471.661, requiring local units of government to adopt a policy that would control travel of elected officials outside of the state of Minnesota. The City approved Resolution 05-68 establishing the Elected Official Out-of-State Travel Policy at the November 15, 2005, City Council meeting. Under this policy, the City recognizes that the City receives value from elected officials traveling out of state for workshops, conference, events and other assignments. The policy sets forth the conditions under which the out-of-state travel will be reimbursed by the City. The City’s Elected Official Out-Of-State Travel Policy requires Council approval, in advance, of the outside the state of Minnesota for elected officials. Under this travel policy, it is proposed Council support Mayor Harris’s participation in the BLRT lobbying trip to Washington D.C. $5,000 is budgeted annually in the Council’s budget for the out-of-state travel of elected officials. Attachments • City Council Executive Summary of November 15, 2005 regarding Approval of Elected Official Out-of-State Travel Policy (2 pages) • Background on Purpose of Travel Information (1 page) Recommended Action Motion to approve reimbursement of requested out-of-state travel for Mayor Harris. November .15, 2005 ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY Purpose: The City of Golden Valley recognizes that its elected official may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines: 1.The event, workshop, conference or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the -travel. In evaluating the out-of-state travel request, the Council will consider the following: •Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or as a Council Member; •Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. •Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. •Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister-city" relationship. •Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. •Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2.No reimbursements will be made for attendance at events sponsored by or affiliated with political parti,es. 3.The City may make payments in advance for airfare, lodging and registration if specifically approved by the council. Otherwise all payments will be made as reimbursements to the elected official. 4.The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the City's policy for out-of-state travel by City employees. 5.Airfare will be reimbursed at the coach rate. 6.Mileage will be reimbursed at the IRS rate. If two or more Council Members travel together by car, only the driver will receive reimbursement. The City will reimburse for the cost of renting an automobile if necessary to conduct City business. 7.Lodging and meal costs are limited to those which are reasonable and necessary. 8.Receipts are required for lodging, airfare, and meals and should accompany an expense report form. It is not necessary to have receipts for cabs and tips. The expense report form shall be submitted to the Finance Department for payment. 9.The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated with the attendance of a family member, rental of luxury vehicles, meal expenses included in the cost of registration, or recreational expenses such as golf or tennis. Adopted November 15, 2005 From: Jay Stroebel Sent: Monday, March 4, 2019 7:18 PM To: Cruikshank, Tim; Salah, Abdi Cc: Tranter, Emily J. Subject: DC Schedule for BLRT Trip Tim and Abdi, Below is a summary of the meeting schedule for the BLRT lobbying trip to Washington DC. • Tuesday, March 26 – Prep-meeting/dinner in evening • Wednesday, March 27 – Day of meetings with key members of Minnesota federal delegation and Federal Transportation Administration (FTA.) I would expect meetings to be scheduled with Senator Smith, Senator Klobuchar (or staff), Representative Phillips, Representative Omar, Representative Emmer, Representative McCollum, and Representative Craig. Emily Tranter from Lockridge is working on all the logistics and meeting scheduling. Those details will be forthcoming once the meetings are set. Let me know if you need additional information to finalize your plans. Thanks. Jay Jay Stroebel City Manager 763-493-8002 Office Jay.stroebel@brooklynpark.org City of Brooklyn Park 5200 85th Ave. N. Brooklyn Park, MN 55443 www.brooklynpark.org