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03-01-11 CC Agenda Packet►R. Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber March 1, 2011 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call B. State of the City Video Presentation PAGES 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - January 18, 2011 2 -6 B. Approval of Check Register 1. City 7 2. Housing and Redevelopment Authority 8 C. Licenses: 1. General Business Licenses 9 -10 2. Gambling License Exemption and Waiver of Notice Requirement - Children's 11 -14 HeartLink 3. Gambling License Exemption and Waiver of Notice Requirement - Church of 15 -18 Christ the King D. Minutes of Boards and Commissions: 1. Planning Commission - January 10, 2011 19 -24 2. Envision Connection Project Board of Directors - December 16, 2010 25 -28 E. Bids and Quotes 1. 2011 Pavement Management Program: 29 -41 a. Award Contract b. Authorization to Sign Agreement with SEH, Inc. for Construction Observation and Engineering Services c. Authorization to Sign Agreement with Xcel Energy for Relocation of Decorative Streetlights d. Purchase Hydrants F. Authorization to Sign Agreement with Minnesota Department of Natural Resources 42 -65 for Tree Planting Grant 11 -7 G. Receipt of January 2011 Financial Reports 66 -73 4. PUBLIC HEARINGS 7 PM A. Public Hearing - First Consideration - Ordinance #456 - Amending Electric Franchise 74 -81 Fee Ordinance #447 with Northern States Power d /b /a Xcel Energy 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications ADJOURNMENT G 0 City Administration /Council O "°' a nn 11 Valley 763- 593 -8003 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 1. B. State of the City Video Presentation Prepared By Thomas Burt, City Manager Summary The State of the City video that has been prepared by staff will be presented at the meeting. Regular Meeting of the City Council January 18, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 18, 2011 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Kim Donet, Assistant City Attorney; and Judy Nally, Administrative Assistant. Approval of Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of January 18, 2011 as submitted. Approval of Consent Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of January 18, 2011 as submitted. *Approval of Minutes - City Council Meeting — December 7, 2010 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the City Council Meeting of December 7, 2010 as submitted. * Approval of Check Reaister MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the payment of the City bills as submitted. *Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Open Arms of Minnesota. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the minutes as follows: Planning Commission - December 13, 2010 Environmental Commission - November 22, 2010 Regular Meeting of the City Council January 18, 2011 Page 2 *Front -End Loader with Attachments - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one Caterpillar front -end loader and attachments through the Minnesota Materials Management Division from Zeigler Caterpillar for $54,819.39. *V -Box Sander - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one Henderson Model Taskforce 15 -foot V -box sander through the Minnesota Materials Management Division from Aspen Equipment for $39,351.38. *Fuel Management Software and Fuel Pumps - Quotes MOVED by Pentel, seconded by Scanlon and motion carried unanimously for the purchase and installation of fuel management software and fuel pumps from the lowest responsible bidder, Westside Equipment for $40,901.06. The bids are as follows: Murphy Properties $42,942.38 Westside Equipment $40,901.06 *Email from Karen Utt Regarding Resianation from Environmental Commission MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the email from Karen Utt, dated December 20, 2010 regarding her resignation from the Environmental Commission; and request the Mayor send her a letter of appreciation in recognition for his service to the community. *Proclamation for Go Red for Women Day - February 4, 2011 MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and file the letter from Kim Rottmann, dated November 24, 2010 regarding Go Red for Women Day. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adopt the Proclamation for Go Red For Women Day. Regular Meeting of the City Council January 18, 2011 Page 3 *Council Liaisons and Other Assignments MOVED by Pentel, seconded by Scanlon and motion carried unanimously to make the following appointments: Council Liaisons Board of Zoning Appeals Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Other Assignments Bottineau Transitway Policy Advisory Committee Golden Valley Historical Society Board Member Hopkins School District 270 Cities Joint Monthly Meetings Joint Water Planning and Governance Task Force Legislative Liaison and Spokesperson Metro Cities Northwest Hennepin Human Services Council Executive Board Northwest Suburbs Cable Communications Commission Robbinsdale School District 281 Government Advisory Committee Shaffer, Loomis Freiberg Pentel, Loomis Scanlon, Freiberg Scanlon, Pentel Scanlon, Shaffer Pentel, Shaffer Pentel Freiberg Loomis Loomis Loomis Shaffer, Delegate Loomis, Alternate Pentel Freiberg Scanlon *Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code for City's 2012 Pavement Management Program Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11 -2 RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2012 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council January 18, 2011 Page 4 *Approval of 2011 Pay Equity Implementation Report MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve and authorize the Mayor to sign the Pay Equity Implementation Report. *Authorization to Sian Contract with Barr Engineering for Stormwater Modeling and Flood Mitigation Analysis - DeCola Ponds Area MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the City Manager sign the proposal agreement with Barr Engineering Co. for stormwater modeling and flood mitigation analysis for the DeCola Ponds area for $50,400. *Approval of Change in Precinct 7 Polling Place Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11 -3 RESOLUTION APPROVING CHANGE IN POLLING PLACE FOR PRECINCT 7 The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2010 Audit Services MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for the 2010 audit services for $43,200. *Annual Election for 2011 Insurance Policy Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-4 RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2011 INSURANCE POLICY Regular Meeting of the City Council January 18, 2011 Page 5 *Annual Election for 2011 Insurance Policv — Continued The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Public Hearing - Preliminary Plat Approval - 5360 and 5380 Lowry Terrace Joe Hogeboom, City Planner, introduced the agenda item and answered questions from the Council. Les Eck, Planning Commissioner, presented the Commission report. Tom Burt answered questions from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one, the Mayor closed the public hearing. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the Preliminary Plat for 5360 and 5380 Lowry Terrace, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to the approval of the final plat. 2. The City Engineer's email, dated November 24, 2010, shall become part of this approval. 3. The Proposed Sketch submitted by the applicants, dated March 18, 2002, shall become part of this approval. Announcements of Meetings The Council will hold an Executive Session during the break in the City Council meeting regarding the franchise fee ordinance. A Bassett Creek Water Management Commission will be held on January 20, 2011 at 11:30 am. The next City Council meeting will be held on February 1, 2011 at 6:30 pm. Adiournment The Mayor adjourned the meeting at 7:08 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant "Golden galley Finance 763- 593 - 80131763 -593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. citv Golden Vall,� PIT Memorandum Finance 763-593-80131763-693-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. holden Valley Memorandum Inspections 763- 593 -8090 / 763- 593 -3997 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4594 Aspen Waste Systems 2951 Weeks Avenue SE #4588 Aspen Waste Systems 2951 Weeks Avenue SE #4595 Allied Waste Services 9813 Flying Cloud Drive #4586 Allied Waste Services 9813 Flying Cloud Drive #4585 #4599 #4597 9 Refuse Vehicles 1 Recycling Vehicle 13 Refuse Vehicles 2 Recycling Vehicles Randy's Environmental Services. 15 Refuse Vehicles 4351 U.S. Highway 12 SE Randy's Environmental Services 4 Recycling Vehicles 4351 U.S. Highway 12 SE Sanimax USA, Inc. 505 Hardman Avenue Waste Management of Mn. 10050 Naples Street NE 9 Refuse Vehicles 8 Refuse Vehicles #4587 Waste Management of Mn. 2 Recycling Vehicles 10050 Naples Street NE $450.00 $ 50.00 $650.00 $100.00 $750.00 $200.00 $450.00 1; $100.00 #4598 Michael P. Hall 4 Refuse Vehicles $200.00 3119 -150th Lane NW #4601 Vintage Waste Systems 3 Refuse Vehicles $150.00 5315 Pioneer Creek Drive #4664 Schullers Tavern Dancing /Entertainment $375.00 7348 Country Club Drive #4662 Schullers Tavern 1 Amusement Device $30.00 7348 Country Club Drive #4661 American Amusement Arcades 4 Amusement Devices $60.00 2100 W. 96th Street at 1 location $15.00 Location: 6400 Wayzata Boulevard #4666 Lauren Clayman Flower Sales $20.00 1432 Rhode Island Avenue North #4658 Theisen Vending Co. 2 Amusement Devices $30.00 2335 Nevada Avenue North at 1 location $15.00 Location: 7348 Country Club Drive #4665 Collision Center Motor Vehicle Facility $25.00 900 Florida Avenue South #4602 Brown Bear LLC d /b /a 2 Refuse Vehicles $100.00 Garbagemen, Inc. 5315 Sunset Lane #4659 Chester Bird American Legion 2 Amusement Devices $ 30.00 200 Lilac Drive North at 1 Location $ 15.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. o Golden Vail, y Memorandum City Administration /Council 763- 593 -8006 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Children's HeartLink Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30 -day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Children's HeartLink requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Children's HeartLink. -, -- -�- . -- -s - -• Page 1 of2 1/11 vrrnnesuza I-awrul warnur►rry Application fee for each event Application for Exempt Permit Ifapplication postmarkedorreceived: less than 30 days Yore the event more than 30 days before the event -G220 An exempt permit may be issued to a nonprofit organization that - conducts lawful gambling on five or fewer days, and $100 $50 - awards less than $50,000 in prizes during a calendar year. ORGAN1ZATION INFORM"Nick Organization name Previous gambling permit number Children's Heartl.ink X — c)4- -74-q Type of nonprofit organization. Check one. DFraternal El Religious O Veterans 0 Other nonprofit organization Mailing address City State Zip Code County 5075 Arcadia Avenue Minneapolis MN 55436 Hennepin Name of chief executive officer (CEO) Daytime phone number Email address Elizabeth Perlich Sweeney 952- 928 -4860 elizabeth @childrensheartlinkorg Attach a copy'Of ok of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ❑Nonprofit Articles of incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651- 296-2803 aIRS 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 at 877 -829 -5500. F] 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: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Golden Valley Golf and Country Club Address (do not use PO box) City Zip Code County 7001 Golden Valley Rd Golden Valley 55427 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) May 23rd, 2011 Check the box or boxes that indicate the type of gambling activity your organization will conduct: E] Bingo* ® Raffles E] Paddlewheels* ❑ Pull -Tabs* OTipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Page 2 of this form. Gambling Control Board. D(CSPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Pit FOrirX? To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651 -639 -4000. LG220 Application for Exempt Permit Page 2 of 2 1/11 LORAL UNIT O �dVEK4WO T.ACKN0INLEDGMZ14. . . � the gambling premises is within city limits, If the gambling premises is located in a townshi , a g g p a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official Is not required to sign the application. The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting `period, The application is acknowledged with a 30 day waiting and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). days, _The application is denied. The application is denied. Print county name _ Print city name On behalf of the county, 1 acknowledge this application. On behalf of the city, I acknowledge this applicati . Signature of county offical receiving application ' na re of ' . offi�receivin plication Tie Date __.L / `� LfDate2l / / (Optional) TOWNSHIP: On behalf of the township, I that the organization Is applying for exempted gambling Titl !'w' l / acknowledge activity within township limb. [A township has no statutory authority to approve or decry an application [Minnesota Statute 349 .166)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE 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 re to the Board within 30 days of the date of our gambling activity. Chief executive officer's signature 0 Date Complete a separate application for each gambing activity: Financial report and recordkeeping required - one day of gambling activity, A financial report form and instructions will be sent with - two or more consecutive days of gambling activity, your permit, or use the online fill -in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Print form Reset Forrn Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request Data privacy notice:The Information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the Information requested; however, if your organization refuses to supply this Information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit If you supply the information requested, the Board will be able to process your organ'ization's application. Your organization's name and address will be public information when received by the Board. All other Information provided will be private data until the Board Issues the permit. When the Board Issues the permit, all information provided will become public. If the Board does not issue a permit, all Information provided remains private, with the exception of your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order, other individuals and agencies specifically authorized by state or federal law to have access to the Information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent February 24, 2011 City of Golden Valley Judy Nally 7800 Golden Valley Rd Golden Valley, MN 55427 Children's HeartLink HEALING HEARTS W 0 R L 0 W 1 0 E bear Judy, MV23 Children's HeartLink will hold a fundraising raft le on Monday, fie 14, 2011 in the city of Golden Valley. We respectfully request that you acknowledge the attached gambling permit application, and that the City Council waive any period for the exemption for lawful gambling permit required for this type of event. Thank you for yotn- co sideration. Sincerely, r Katie Najjar Event Manager, Children's HeartLink 5075 Arcadia Avenue: Minneepoiis. MinneSota 554.35 -2306 U.&A. 1 952- 92-R.49Gn p 1952-928-4859 f f WWW,chlldrensheardink.org ��Golden Val ley Memorandum City Administration /Council 763- 593 -8006 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - Church of Christ the King Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30 -day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Church of Christ the King requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Church of Christ the King. m% Page i of 2 1111 nntavra A-UWIur vcarnru.►ny Application fee for each event -G220 Application for Exempt Permit If apolication nostmarked orreceived: less than 30 days before the event more than 30 days before the event An exempt permit may be issued to a nonprofit organization that - conducts lawful gambling on five or fewer days, and $100 $50 - awards less than $50,000 in prizes during a calendar year. ORGANIZATION INFORMATION Check# Organization name Previous gambling permit number Church of Christ the King x- 27215 - 10-002 Type of nonprofit organization. Check one. Fraternal OX Religious E] Veterans 1:1 Other nonprofit organization Mailing address City State Zip Code County 6029 Zenith Ave S Minneapolis MN 55410 Hennepin Name of chief executive officer (CEO) Daytime phone number Email address Dale J Korogl - 612 - 920-6030 twimaffla@ctionpis.org Attach a copy ofQNg of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St Paul, MN 55155 Phone: 651 - 29&2803 IRS Income tax exemption [601(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 at 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: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Metropolitan Club Address (do not use PO box) City Zip Code County 6418 Wayzata Blvd Golden Valley 55416 Hennepin Date(s) of activity (for raffles, indicate the date of the drawing) May 14, 2011 Check the box or boxes that indicate the type of gambling activity your organization will conduct F1 Bingo" ® Raffles [-] Paddlewheels`' ❑ Pull -Tabs* ❑Trpboarde * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the page 2 of this form. Gambling Control Board. D(CEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. Print Form To find a licensed distributor, go to www.gcb.state.mn.us and dick on List Reset Form of Licensed Distributors, or call 651 - 639 -4000. LG220 Application for Exempt Permit IIT OF GO% N the gambling premises is within city limits, a city official must check the action that the city is taking on this application and sign the application. Y,OThe application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). The application is denied. r // Print city name On behalf of the cihr, I acMrow edge thik application. Si atu ta of ' official receiving application Title AA r' i 11'x/ Date y/ Page 2 of 2 1111 If the gambling premises is located in a township, a county official must check the action that the county is taking on this application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print county name On behalf of the county, / acknowledge this application. Signature of county official receiving application Tie Date / / (Optional) TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 348.166)] Print township name Signature of township official acknowledging application True Date / / CHIEF EXECUTIVE OFFICER'S SIGNATURE /i I The information provided in this application is financial report will be completed and retume( Chief executive officer's Complete a separate application for each gambing - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffie drawing is held Send application with: - a copy of your proof of nonprofit status, and - application fee for each event Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available in alternative format p.e. large print, Braille) upon request Data privacy notlee:The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information requested; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit If you supply the information requested, m cknow/edge that the to the best of my knowledge. I a days of the date of our gambling s Date Y ®? fit Financial report and mcordkeeping required A financial report form and instructions will be sent with your permit, or use the online fill-in form available at www.gcb.state.mn.us. Within 30 days of the activity date, complete and return the financial report form to the Gambling Control Board. Print Form Reset Form the Board will be able to process your organization's application. Your organiz'ation's name and address will be public information when received by the Board. All other information provided will be private data until the Board issues the permit When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Pirate data are available to Board members, Board staff why work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies, anyone pursuant to court order, other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent CHURCH OF CHRIST THE KING February 17, 2011 Judy Nally Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 RE: GAMBLING LICENSE FOR May 14, 2011 TO BE HELD AT THE METROPOLITAN CLUB, GOLDEN VALLEY, MN. Attn: Mayor and City Council In reference to our Application for the Authorization for an Exemption for Lawful Gambling License, The Church of Christ the King requests that you please waive the usual 30-day waiting period. Your consideration is appreciated. Very truly yours, T re W. Kn a ar sh Director 5029 ZENITH AVENUE SOUTH • MINNEAPOLIS, MN 55410 • PHONE: 612.920.5030 . FAX: 612.920.1 179 Regular Meeting of the Golden Valley Planning Commission January 10, 2011 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 10, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioners Kluchka and McCarty were absent. 1. Approval of Minutes December 13, 2010 Regular Planning Commission Meeting Eck noted several typographical errors. MOVED by Eck, seconded by Cera and motion carried unanimously to approve the December 13, 2010 minutes with the above noted corrections. 2. Informal Public Hearing — Minor Subdivision — 240 Jersey Ave N — SU17 -09 Applicant: Lakewest Maki, LLC — Curt Fretham Address: 240 Jersey Ave N Purpose: The applicant is proposing to create two new lots for the construction of one new home. Hogeboom stated that since the hearing notices were mailed and the agenda packet was sent out the applicant has changed his proposal slightly. He distributed a copy of the proposed new plat and explained that the east/west property line has been redrawn to be straight across instead of angled. The applicant is also proposing to demolish the existing home and garage and construct two new homes, rather than allowing the existing house to remain as stated on'the hearing notice and the agenda. Hogeboom stated that staff feels that straightening out the property line between the proposed new lots is the preferred way to draw property lines in order to accommodate utilities and reduce the need for easements. He referred to City Engineer Jeff Oliver's staff report and noted that since the property line will be straight across the lots the condition of requiring a private easement for utilities no longer applies. Hogeboom noted that both lots will be 10, 974 square feet in size and both lots will meet all of the City's requirements, therefore staff is recommending approval of this subdivision request. Segelbaum asked who owns the property. Hogeboom stated that the applicant is in the process of purchasing the property and will own it before final plat approval. Cera asked about the age of the existing home. Hogeboom said he didn't know. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 2 Eck asked if the subdivision is approved and the existing home was not removed if it would meet setback requirements. Hogeboom stated that the existing home would not meet the side yard setback requirements with the proposed new lot line configuration. Grimes stated that a condition could be added by the City Council requiring that the existing home be removed before final plat approval. Martin Campion, Campion Engineering Services, representing the applicant, stated that the closing for this property is scheduled for January 28, 2011. At that point, Lakewest Maki, LLC will be the property owner. He referred to the suggestion regarding removal of the existing house prior to final plat approval. He said he would prefer that the condition state that the house and garage will be removed before building permit approval because the final plat will be filed at the County in February so there won't be enough time to remove the house and garage before final plat approval. Cera explained that the City can't approve a plat that would create a non - conforming situation. Grimes said he would speak with the City Attorney regarding the existing house being removed. Campion stated their intent is to remove the house and garage at the same time. Cera asked why the plans changed from the original submittal. Campion explained that they have a potential buyer who would like to build a new house on the lot where the existing house is currently located. Cera asked if the house will be demolished or moved. Campion said at this point they are planning on demolishing it. Segelbaum asked the applicant how their plans would be impacted if the sale of the property falls through. Campion reiterated that their intent at this point is to go through with the plans to remove the house. Waldhauser opened the public hearing. Joanne Marben, 220 Jersey Avenue North, asked how big the new homes will be. Waldhauser said that probably hasn't been determined yet, but any new construction will have to be built per -the requirements of the Zoning Code. Marben asked if both of the entrances to the properties would be on Jersey Ave. Waldhauser said yes. Steve Mickelson, 6809 Glenwood Avenue, asked if there is any chance to sell the lot "as is ". He asked if anything can be done, or if this public hearing is just a matter of law and if the proposal meets the requirements, the property can be developed. He asked if any consideration will be given to the oak trees on the property. Waldhauser explained that the City asks developers to consider certain things but if a proposal meets all of the City's requirements it is difficult to deny a subdivision proposal. Eck added that it is in the developer's best interest to keep as many trees as possible. Mickelson asked what would happen if the developers want to get a variance. Waldhauser explained that there is a variance process. Since this proposal deals with new construction she doesn't think there would be any basis to grant any variances. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 3 Mickelson noted that the hearing notice he received said the existing house would remain. Hogeboom reiterated that the applicant's proposal changed after the hearing notices were already mailed. He explained that an updated hearing notice will be mailed prior to the City Council hearing on this proposal. Waldhauser asked the applicant if the trees on the site have been identified. Campion said the trees have been identified but he is not sure at this point which ones will be removed. He reiterated that the trees are valuable to the lot and they want to keep as many as possible. Schmidgall referred to the tree preservation ordinance which requires the replacement of trees if they're removed. Grimes discussed the tree preservation process and noted that a significant number of tress will be preserved in this case. He stated that he realizes this type of proposal is frustrating for neighbors because they are invited to a public hearing for an item that is basically administrative because it meets all of the City's requirements. Waldhauser agreed and added that it is good for the developer and City to know the neighbor's concerns. Hearing and seeing no one else wishing to comment, Waldhauser closed the public hearing. Schmidgall said he is not comfortable leaving the existing home out of conformance once the subdivision is approved. Cera said the Planning Commission needs to consider this subdivision as if the house and garage are being removed and the City Council can put further conditions on their approval if they wish. He said he wanted it noted that the hearing notice that was mailed for this item is not what the Planning Commission discussed because the notice said the house is going to remain when it is not. Segelbaum said he likes the new proposal because better homes will be built on both lots. Eck added that there is no legal basis to deny this request. Waldhauser suggested a condition be added that states prior to final plat approval, all existing structures shall be removed. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend approval of the proposed minor subdivision at 240 Jersey Avenue North subject to following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's memo, dated December 29, 2010, will become part of this approval. 3. A park dedication fee in the amount of $1,400 shall be paid by the applicant prior to final plat approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the City Engineer's memo dated December 29, 2010. 5. All applicable City permits must be obtained prior to the development of the new lots. 6. Prior to final plat approval, all existing structures shall be removed. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 4 3. Informal Public Hearing — Property Rezonings — 8805, 8905, 9191 and 9393 Wayzata Blvd from Industrial to Commercial and 5075 Wayzata Blvd and 1400, 1500 Highway 100 South from Commercial to Business and Professional Offices Applicant: City of Golden Valley Addresses: 8805, 8905, 9191, 9393 and 5075 Wayzata Blvd and 1400, 1500 Highway 100 South Purpose: To bring the properties into conformance with the recently updated Comprehensive Plan Land Use Map Hogeboom reminded the Commissioners that the Metropolitan Council recently approved the City's Comprehensive Plan update. As part of the update process, state statute requires that the Zoning Map match the Comprehensive Plan's General Land Use Plan Map. He explained that the City Council has decided they would like to proceed with the rezoning process starting with areas that don't involve residential properties. Hogeboom referred to the General Land Use Plan Map and pointed out the area at the southeast intersection of 1 -394 and TH -169 (8805, 8905, 9191 and 9393 Wayzata Blvd). He explained that these properties are currently zoned Industrial and consist of auto dealerships and auto related uses. In order to match the General Land Use Plan Map the City is proposing to rezone these properties to Commercial. Rezoning these properties will not make the uses become non - conforming because both the Industrial zoning district and the Commercial zoning district require a Conditional Use Permit for auto uses. Hogeboom noted that the other area being discussed at this meeting is the area west of Highway 100, south of 1 -394 (5075 Wayzata Blvd and 1400, 1500 Highway 100 South). This is the area that will be used for the parking ramp for the West End office development proposed by Duke Realty. The property is currently zoned Commercial and the City is proposing to rezone it to Business and Professional Offices (BPO) to better match Duke's proposed office use and the General Land Use Plan map. He stated that Duke has expressed concern about the proposed rezoning because the Commercial zoning district allows for a stand -alone parking structure whereas the BPO district requires that a parking ramp be an accessory use to a business or office located on the same parcel. He stated that staff is recommending that the public hearing regarding the rezoning of this area be tabled to a future Planning Commission meeting in order to allow the City Attorney and staff more time for further study. Cera asked how St. Louis Park has the West End office property zoned. Hogeboom said the office tower is part of the West End PUD but the underlying zoning is office. He added that traffic analysis has shown that an office use would work better than a commercial use in this area. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 5 Segelbaum referred to the BPO zoning district and asked if a building and parking structure have to be physically connected. Hogeboom said a building and parking structure need to be on the same lot, but they don't have to be connected. Grimes said the City is looking at potential future developments for this area when considering the zoning. He explained that if something changes with Duke's plans to develop the area as an office use and the area is zoned Commercial, then anything allowed in the Commercial zoning district could be built. Segelbaum said rezoning the properties to BPO could limit Duke and questioned if the City wants this land to sit vacant for several years. Schmidgall said that the Commercial zoning district seems more flexible. Waldhauser said they also need to look at what is most advantageous for the City. Grimes noted that offices are also allowed in the Commercial zoning district but at this point the City feels rezoning the properties to BPO is best, with the understanding that the properties could be rezoned and the General Land Use Plan Map could be re- guided in the future. Waldhauser suggested separating the two areas when making a motion. Waldhauser opened the public hearing, seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. MOVED by Segelbaum, seconded by Cera and motion carried unanimously to table the proposed rezoning for the properties located at 5075 Wayzata Blvd and 1400, 1500 Highway 100 South from Commercial to Business and Professional Offices. Waldhauser referred to the other properties on the agenda (8805, 8905, 9191, 9393 and 5075 Wayzata Blvd) and asked if they remained Industrial if they would have to be rezoned if the auto dealers sold their properties in the future. Hogeboom explained that another auto dealer could apply for a Conditional Use Permit if the properties remained Industrial, but leaving the properties zoned Industrial is contrary to the Comprehensive Plan designation for that area. MOVED by Cera, seconded by Schmidgall and motion carried unanimously to recommend approval of rezoning the properties located at 8805, 8905, 9191, 9393 and 5075 Wayzata Blvd from Industrial to Commercial. - -Short Recess -- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Waldhauser said she attended the January 4, 2011 City Council where the Menards PUD amendment was approved. She stated that the issues of snow storage and requiring Menards to submit a parking plan were discussed. Minutes of the Golden Valley Planning Commission January 10, 2011 Page 6 6. Other Business a. Planning Commission Representative to the Golden Valley 125th Anniversary Planning Team Hogeboom reminded the Commissioners that the 125th Anniversary Planning Team is looking for volunteers to serve on their team. Waldhauser referred to the Planning Commission work plan she has been working on and distributed a list of potential items she would like the Planning Commission to review including meeting with the City Attorney to discuss the Commissioners role, ethics in planning, communication between commissioners, and reviewing the MnAPA Citizen Planner Handbook. Hogeboom discussed some of the upcoming items that the Planning Commission will be reviewing including several property rezonings due to the Comprehensive Plan Update, the Livable Communities Act Local Housing Incentives, the Douglas Drive moratorium study and Complete Streets. Grimes suggested that the Planning Commission have a workshop /meeting with the City Council to discuss potential issues that the Planning Commission could review. He also suggested having discussions about tree preservation and water quality issues. Segelbaum suggested having a basic review of what uses are allowed in various zoning districts. 7. Adjournment The meeting was adjourned at 8:27 pm. Lester Eck, Secretary Minutes Envision Connection Project Executive Board December 16, 2010 7 pm, Brookview Community Center, Conference Room Directors Present: Linda Loomis, Chair, Lynn Gitelis, Sharon Glover, Jim Heidelberg, Helene Johnson, Philip Lund, Dean Penk, Marshall Tanick, Blair Tremere Directors Absent: Cindy Inselmann, Luke Weisberg Staff: Sandy Werts. 1. Call to Order The meeting was called to order at 7:17 pm by Mayor Loomis 2. Approval of Agenda The agenda was approved as presented 3. Approval of the Minutes of November 18, 2010 Motion: It was moved by Tremere and seconded by Gitelis to approve the minutes as written. 4. Proposed Community Foundation /Non- Profit Penk reported that at the meeting on December 15 there were two reports, one on Board Structure and one on Grant Making. Board Structure — discussed all points in detail. The report will be edited and discussed again in January. The Grant making report was presented and will be discussed in detail at the next meeting. Tremere said the bylaws call for an interim board whose terms would end December 31, 2011. A permanent board must be in place no later than one year from the date the Articles of Incorporation are filed. Penk said the first year of the foundation will be spent recruiting the permanent board, although some of the members of the temporary board may be on the permanent board. According to Tremere, there needs to be more discussion with the city relative to the Human Services Board and the handling of the Pull Tab money, to help clarify the relationship for the transition team. Loomis suggested the Human Service Foundation should become the Human Services Fund. She explained that the city can give the pull tab money to human service groups directly, but has chosen to use the Human Services Foundation to distribute the money. Tremere asked how the Human Service Foundation will interface with the Community Foundation and the city. Loomis said that individuals who give money to the Human Service Foundation are giving to the city, and the donation is tax deductable. However, some corporations, such as General Mills and Allianz must give their money to a 501.c.3 organization and cannot give to the Human Service Foundation. In the future, if these companies want to give money to the Human Services Foundation, they can give through the Community Foundation. 5. Bridge Building Activities a. Bridge Builders Quarterly Meeting — Winter - Loomis will look into the building at Theodore Wirth for the meeting b. Valley Volunteer Day — the planning is moving along. They have a high level project planned. c. Neighbors Helping Neighbors — There is an event planned for spring. The group would like to get more people using this service. The area churches are meeting with staff. d. Envision Award — No nominations at this time. Penk will work on an article using wording from the website and will send it to Sue Weber. e. After School in the Valley — this program has been discontinued and will be removed from future agendas. f. Memorial Day Parade — No report at this time g. Chimney Swift Towers — No report at this time. h. Lilac Planting - The next meeting is January 31. Ice Cream Social — Tanick said that he has about $500 in donations lined up. The date selected for the event is Monday, July 18. The Board would like the John Philip Sousa Memorial Band to play. The Golden Valley Orchestra would also be a good one to ask. Werts will pass this on to Andy Soltvedt. Having more activities and passing out a fan with the schedule of events was also discussed. The Board is asked to bring ideas to the next meeting. Buckthorn Busting — No report at this time. k. Garden Club /Community Gardens — Gitelis said there is one 15'X 30' plot available for the community garden at Valley Presbyterian Church. Golden Valley Lutheran will have their own garden. Gardeningmatters.org lists all the community gardens in the metro area. 6. 125 Anniversary Planning Tanick reported that there was a good turnout at the meeting on December 2. At that meeting all the activities were reviewed and who will do them was determined. The logo contest is going on now. Submissions can be made by December 30. Tanick said he talked with Brenda Hale at Central Bank. They may possibly sponsor the ice cream social. At the next meeting Tanick would like to look at what activities may be open to sponsorships. Tanick has made preliminary contact with Tom Gillaspy, the state's demographer to talk about the future of Golden Valley. Tanick is thinking about having an event where all the people who worked on the 125th Anniversary are invited and are recognized and Gillespie speaks. Werts mentioned that there is a webpage for the 125th Anniversary in the envision section. She will get the date of the planning meeting on the site. Tanick would also like to have a time capsule. Tremere suggested that people can be invited to make suggestions of what can go into a time capsule. Werts will invite the editor of patch.com and Sue Weber from the Sun Post to the meetings. 7. Valley Days Lund reported that the Valley Day board has approved the layout of the park for activities. It has been presented to Parks and Recreation and received their approval. They have discussed music and the Battle of the Bands, and don't know if they can work the battle of the bands into a one day event. A full parking count has been done and Lund believes the Brookview site should accommodate all the parking. 8. New Business - None 9. Communications Website Update — Envision Golden Valley — Werts reported that the website has been updated to include information on Envision. It is under "About Golden Valley ". Calvary Church — Million Meal Pack -Out — Calvary is trying to pack a million meals for Haiti in January. It was suggested that Envision sign up as a group for a time slot prior to its next meeting. Loomis will check out the dates. http: / /www.calvary.org /news /calendar /feed haiti 2011 10. Local Business Initiative — no report 11. Recruitment of Members to Executive Board — no report 12.2011 Meeting Planning The January meeting was changed to Thursday, January13. The remaining meetings are: February 17, March 17, April 21, May 19, June 16 July 21, August 18, September 15, October 20, November 17, December 15 13.Adjournment The meeting was adjourned at 9:08 pm Golden Vall,� PAT Public Works 763- 593 - 80301763- 593 -3988 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. E. 1. Bid and Quotes - 2011 Pavement Management Program a. Award Contract b. Construction Engineering Services c. Street Lighting Services d. Hydrants Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary Award Construction Contract Bids for the 2011 Pavement Management Project (PMP), City Improvement Project 11 -1, were opened on February 15, 2011. Nine bids were received. The corrected bids are listed as follows: Northwest Asphalt $1,867,851.48 Palda & Sons, Inc. $1,936,210.29 Burschville Construction $2,057,122.25 Valley Paving $2,064,341.12 GMH Asphalt $2,125,137.83 Forest Lake Contracting $2,272,329.38 Kuechle Underground $2,371,086.37 C.S. McCrossan Construction, Inc. $2,372,140.18 Park Construction $2,435,441.27 Construction Budget $2,709,000.00 Staff has reviewed the bids and found them to be accurate and in order. Construction Observation and Engineering Services Staff has received a proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH), dated February 18, 2011, for construction staking and engineering services for the 2011 PMP. Engineering services include specialized work in geotechnical engineering for soil conditions and environmental engineering. The construction staking includes all survey work during construction, and record drawing survey and drawing preparation following construction. Construction observation for this project will be performed by City staff. The proposal includes a not to exceed amount of $66,700. Street Lighting Services The decorative streetlights within the project area are 15 years old and are at the mid -point of their anticipated service life. Therefore, the lights will not be removed and replaced as part of the project. However, staff is recommending that the wiring be replaced to be outside of the street subgrade and that conduits are installed under street intersections and driveways to facilitate future maintenance of the lighting system. Xcel Energy Outdoor Lighting has provided a contract for these services at a not to exceed cost of $22,625.00. Purchase Hydrants Due to the availability and specific requirements for fire hydrants used in Golden Valley, the Public Works Department has purchased and provided hydrants for PMP projects for several years. Two quotes were received for hydrants for the 2011 PMP. Appropriate sales tax has been added to the quotes Dakota Supply Group $20,872.69 Water Products $21,161.25 Attachments Location map (1 page) Professional Services Agreement dated February 18, 2011, from Susan Mason, SEH, to Jeannine Clancy, Director of Public Works (3 pages) Construction Agreement for Street Lighting Facilities from Xcel Energy dated February 2, 2011 (5 pages) Quotes for fire hydrants from Dakota Supply Group and Water Products, Inc. (2 pages) Recommended Actions 1. Motion authorizing a contract with Northwest Asphalt in the amount of $1,867,851.48 for the construction of the 2011 PMP, City Improvement Project No. 11 -1. 2. Motion to authorize entering into a contract with SEH, Inc. for construction, staking, and engineering services for the 2011 PMP, not to exceed $66,700. 3. Motion to authorize entering into an agreement with Xcel Energy Outdoor Lighting not to exceed $22,625.00 for street lighting services for the 2011 PMP. 4. Motion to authorize purchase of hydrants from Dakota Supply Group, Sioux Falls, SD, in the amount of $20,872.69. ,LP I i °EYE Z �O 00 ?e r n0 GOt WINSDALE ST 0 �; I I o i z j P Lf Lf 1 5 1{ CJPS'�iy p0 Ste) t TOFELRD g /000,- - 0 o o � I v Q e Pv pHOEµ`'A 5T x � OO D CIR 1S 0 o 0 0. 0 l t O°�OEN JO 1 O —• ' R g 0 ❑LINDSAY ST 1 ❑ 4 e I _ TNOTLAN6 R0 , p L) w a- ° 1 O I c t I SCNARER o ❑ ■tlj j.❑ couN IJ LJ TRY GWe DR FRONTAGE RD ___ — ❑ -' ONTAGE RD � a QCSI)AME�1iW�_. —. 1� �gTFAF DR l–T1�1 n LNf LLLJJJ �� / /J' O WtiSto-� Ao-o- ❑ � jj 1 ' f„e . �� / / " � xd� cp c� C1 o LlvoposTDGK An � WOOOSTOCK AVE t I J 11 � GL•G�py�PV O z c z LORING LA E' o > v °R'Fo o�� //�f�� LORING a coe� '. r,�o � 4 TKO 9OR 1 YDSEYIr � (1`1�Iq'�\VVV I 3 OSyf. G z O ; w � O I � D I`' ✓ m o To w w °z .Y• ye � e 0 3_ ♦ ` I m � g 2> o Q ROANpkf L. GLENWOOD AVE (J 4 v O N CORTLy o a 1 F z 3 k'A S CORTLAWN CIP, a Y OaEE� 1 O DAda Y 4 40 1z WEST WOOD L0. URELAVE RELA E n n X90 STRAWBERRY LA 16 K L�1 SS E-� o a Oti a 0 GOLDEN MILLS DR CIRCLE DOWN Proposed Areas /� 2011 (1.2 miles) 1 I �\ NffTR�GE El ��► 2012 (1.1 miles) WAVAT aIVD s - -- Proposed Revised Print Date: N 4 /20/10 N 1,w O Source: City of Golden Valley N 201 1 -201 2 PM P 0 500 1,000 2.000 Feet -A SEH February 18, 2011 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 -4588 Dear Jeannine: RE: City of Golden Valley, Minnesota 2011 PMP Construction Services SEH No. GOLDV 110544 Thank you for the opportunity to continue to provide professional services to the City of Golden Valley for the 2011 PMP 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 1.2 miles of local streets in 2011. The neighborhood areas proposed for street improvements are located south of Glenwood Avenue, east of Turners Crossroad, west of TH 100- and north of Interstate 394, except Circle Down. The proposed improvements include construction of storm sewer pipe, drainage structures, sanitary sewer repairs, and water main replacement. All of the streets will be reconstructed with concrete curb and gutter. The City will be managing the construction of this project. SEH prepared the plans and will be providing construction staking services, construction observation services, and record plan services as described below and detailed in the task summary. Scope of Work Construction Staking SEH will provide a survey crew to provide the construction staking for the 2011 PMP construction project. Staking tasks for this project will include placement of horizontal and vertical control, centerline or offset stakes, blue tops after the curb is in- place, silt fence stakes, easement stakes, storm sewer stakes, curb and gutter stakes, sanitary sewer stakes, and water main stakes. All survey coordination for construction staking will be between the survey crew chief and the City. Record Plan Services SEH will provide the City with record drawing information needed to complete the record plans. This work includes providing final top of structure surveys on new storm sewer and sanitary sewer structures. The work also includes providing inverts for these new structures. Benchmarks will be reestablished in the construction areas in conjunction with the record survey; it is our understanding that the City would also like us to electronically locate all of the new hydrants and gate valves. Short Elliott Hendrickson Inc. 13535 Vednals Center Drive I Saint Paul MN 55110 -5196 SEH Is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax Ms. Jeannine Clancy - 2011 PMP Construction Services February 18, 2011 Page 2 Project Team Daniel Erickson, PE will manage coordination as required between city staff and the surveying and will provide administration of our contract with the City. He will also be available to answer design related questions and will attend the weekly project construction meetings as necessary. Greg Tvedt will be the lead Survey Crew Chief assigned. Mike Kotila will be available to provide traffic engineering support as necessary. Brent Theroux will be available to review the modular block retaining wall shop drawings and provide geotechnical field support as may be required with the installation of the modular block retaining wall and subgrade correction work. Schedule We anticipate the majority of construction services to take place within the months of May to September. The record plan survey will follow completion of the construction. 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 these costs to be $66,700. 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 Principal amc Enclosures s:\Q\g\goldv \110544 \1- g=W- wrr\.clan y const service 2011 pmp.doa Daniel P. Erickson, PE Project Manager Approved this day of .2011 City of Golden Valley, Minnesota By: Title: Construction Services 2011 PMP Deliverables: Construction Observation, Staft. Record Plan Services Task Project Manager Project Engineer Traffic Engineer Geaehdcal Engineer Word Pro Svrrer Crew A. Observation 4 40 6 Precon Meeting 6 6 Shop dravAng review 6 4 4 Field RoviewMeekly Construction Meetings 4 56 16 16 Project Close Out 4 4 B. Construction Staking Horizontal and Vertical Control 12 Centeriine/Oltsat Stakes 14 Sift Fence 4 San"SinverStides 16 Water main Stakes 8 Storm Sewer Stakes 52 Curb and Gutter Stakes 56 Blue Tops (after curb Is in- place) 18 Miscellaneous - utility staking 24 Travel 24 D. Record Plans Survey i 16 Record Plan Prep 10 Total hours 4321 111 1221 161 20 16 250 Project Labor $69,930 Expenses Survey equipment $6,950 Mileage and Expenses $1,100 Miscellaneous - copies, hubsjath $1,720 Told pm ect cost this phase 588.700 Unique canaonents or assumotions: Survey Crew based on project schedule May to September. Construction services are largely depatdard on weather and Contractor's schedule. Materials testing by others ++. Outdoor Lighting Xc E t St. Paul, MN 55117 Construction Agreement For Street Lighting Facilities The customer identified below ("Customer") and Northern States Power Company, a Minnesota Corporation and wholly owned subsidiary of Xcel Energy Inc. ("Xcel Energy" or "Company") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities: Customer: City of Golden Valley Address: 7800 Golden Valley Road City: Golden Valley State: MN Zip Code: 55427 Project charges,of: Twenty two thousand six hundred twenty five dollars and no /100 Dollars: $22,625.00 In accordance with the following terms of payment: Payment due 30 days after construction is completed For Association or City of Golden Valley Streetlights/Facilities Location: 2011 Pavement Improvement Project Rate Code: Installation of new conduit and wire to support future street light installs and removal and re- Install of 10 traditional fixtures and poles. Analyze old fixtures and poles to determine If they need to be replaced. *Customer will have final say in which poles and fixtures will be replaced. Service consisting of. Installation of Company Owned streetlight facilities consisting of: Date: February 2, 2011 Desianation of Lamas: Number of Luminaries: Install by plow approx 1600' of #6 AL DX 1112" conduit Xcel Energy Project Number: and reset 10 poles and fixtures after construction. Customer Charges Paid: Moving the following Company Owned streetlight facilities to a new location: Construction process valid for 30 days from: Project charges valid for 60 days from signing of contract Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities identified above. Customer and Xcel Energy agree that the operation of the facilities shall be subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy, dated Dated this day of 20 Customer: City of Golden Valley Dated this day of 20 Xcel Energy: By: By: Title: Title: XCEL ENERGY USE ONLY Date: February 2, 2011 Div: MPLS Xcel Energy Outdoor Lighting Consultant Edward P. Bieging Jr. Xcel Energy Project Number: Customer Charges Paid: Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 1 of 5 TERMS AND CONDITIONS Customer and Company agree to the following terms and conditions: Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company's proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this Agreement in Customer's acceptance, are hereby objected to and rejected, and (1) such additional or different terms shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be performed by Company as described in Company's proposal ("the Work" means the supplying of any labor, materials, or any other work of Company expressly described in Company's proposal); (i) such additional or different terms shall be deemed a material alteration hereof; and (ii) Company's proposal shall be deemed accepted by Customer and incorporated into this Agreement without said additional or different terms. 2. Request for Installation; Rights. Customer requests that Company install outdoor lighting at the location(s) designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege and easement to install, operate and maintain its facilities, including underground facilities, on the property. 3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company's service installation shall be accessible to Company's equipment; (2) Customer will remove all obstructions from the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain- fields, sprinkler systems, water wells, owner - installed electric or pipeline facilities, or other Customer -owned facilities in the installation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Company will contact the appropriate agency to locate 3`d party utility facilities (phone, cable, etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer -owned underground facilities not marked at the time of outdoor lighting service installation. 4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project Charges on page one. Customer is responsible for any additional installation costs incurred by Company because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., (2) extensive existing underground facilities, and (3) any existing conditions that exist but did not exist at the time the installation cost was determined, such as new sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route. 5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15, inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of frost exist, snow removal or plowing is required to install service, or burners must be set at the underground facilities in order to install service for the entire length of the underground service. Winter construction will not be undertaken by the Company where prohibited by law or where it is not practical to install underground facilities during the winter season. The charges apply to frost depths of 18° or less. At greater frost depths, the Company may individually determine the job cost. The Company also reserves the right to charge for any unusual winter construction expenses. All winter construction charges are non - refundable and are in addition to any normal construction charges. 6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of all necessary information and approvals from Customer and access as required by Company and its contractors or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company's performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer, the time for performance will be extended by the period of time required by Company to return to the state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel or renegotiate the Agreement. Customer will pay an equitable adjustment based Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 2 of 5 ME��= Outdoor Lighting 825 Rice Street St. Paul, MN 55117 on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension. 7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or performance schedule will be agreed upon in writing before either party will be obligated to proceed with such changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule. 8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping or any other condition which makes maintenance of the Company's facilities impractical. Company shall notify Customer of such relocations prior to incurring relocation costs. 9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the discovery thereof shall constitute a cause beyond Company's reasonable control and Company shall have the right to cease or not commence the Work until the area has been made safe by Customer or Customer's representative, at Customer's expense. 10. Restoration. Company will restore any excavation of the boulevard on Customer's property with existing soil so it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod or watering of the boulevard at Customer's expense unless otherwise noted on page one of this Agreement. 11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any and all extras and change orders and any and all other additional work mutually agreed by Customer and Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by Customer or its subcontractors. 12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the street lighting facilities under the Terms and Conditions as described in Customer's General Street Lighting Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion date of the street light installation. 13. Payments. Unless otherwise specified in Company's proposal, Company may at its option invoice Customer upon completion of the Work or invoice Customer on a monthly basis for construction work performed under this Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice. 14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by Company as a result of such termination. To the extent that Company uses the materials, supplies, or equipment on other projects or for maintenance purposes, Customer will not be charged for them. 15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable codes, standards, regulations and laws. Company shall repair, replace or correct to Customer's satisfaction all faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 3 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by Customer, provided, however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer on account of Company's gross negligence or willful misconduct. 17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer review documents developed by Company for conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing within fifteen (15) days after Company's submission, Company may consider the documents approved and proceed with work. Changes thereafter, made at the direction of Customer, will entitle Company to adjustment by change order. 19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete information in order to permit Company to successfully undertake and complete the Work. Company shall not be prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order. 20. Work Product All reports, drawings, plans, specifications, calculations, studies, software programs, tapes, models and memoranda, if any, assembled or prepared by Company or Company's affiliates, independent professional associates, agents, consultants, contractors or subcontractors pursuant to this Agreement are instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Customer may make and retain copies for information and reference in connection with the Work; provided, however, that it is understood and agreed that such documents are not intended to be re -used by Customer or others on extensions of the project or on any other project or any other purpose other than as expressly set forth in this Agreement, and Customer shall not re-use or disclose to any third party all or any portion of such work product without the express prior written consent of Company. 21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety or satisfactory performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend and hold harmless Company and its officers, directors, agents, employees, and representatives from and against any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever, out of the failure, non - operation or faulty performance of Customer's facilities (except to the extent of Company's gross negligence or willful misconduct). 22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer. 23. Independent Contractor. Nothing contained in this Agreement nor any acts of the parties shall be construed to create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association between or among the parties to this Agreement, except that of owner and independent contractor. 24. Title; Rights of Access_ Customer warrants that it has fee simple title to the property. Customer hereby grants to Company the right to enter and improve the real property for the purposes stated herein. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 4 of 5 & XcWEnergye Outdoor Lighting 825 Rice Street St. Paul, MN 55117 25. Ownership. Customer shall acquire no right, title or interest in any portion of the Work or Company's equipment or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and installed by Company on the real property of Customer shall be and mean the personal property of Company, shall not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or lienable by Customer or any other party. Further, Company may remove, repair and replace the Work and its component system and equipment at any time without notice in Company's sole and absolute discretion. 26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or Company's right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains, with respect to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will be deemed null and void but the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to modify, supplement or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written consent of Customer. 27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be construed under and governed by the laws of the State of Minnesota. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. November 2008 Page 5of5 Water Prod QUOTAT101 CORPORATFnIADQUARMS M0 PO. BOX349 ING. OWASSO, OKT AHOMA 74055 -0349 918- 586-7100 FAD 918-586 -7101 1 1'.u. BOX 100 CUSTOMER 6dlQ 11e.1 M,4 479-361-2,930 FAA 791361' 38� ATTN: 0." t► � .��► P.O. BOX 774 FAX 0 7 6-9 - ,9-9-r --PD-2 MCl'l&RYON, KANSAS 47460 610 -241 -3865 PAX# 42&L241 -5087 DID DATE PROJECT D.47E Quantity Unit Situ Description Unit Prim Fatmsi+on do Is $ Pipe prices firm for 10 days. Pipe delivered within 30 days. All other prices firm for 30 days. Thank you for the opportunity of Submitting this quote. T/T'd b208£6S£9L:01 TOIL 98S BT6 S.L0rP3 Mda1HM:w0Jd 02:21 TTOd- ST -W-C DAKOTA SUPPLY GROUP 1409 K AVENUE SIOUX FALLS, SO 57104 PH #: 605/336 -8884 SUBMITTED BY: PATRICK S BANGASSER QUOTATION TO: 018204 CITY OF GOLDEN VALLEY ATTENTION - DAVE LEMBKE 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427 P.03 DATE: 1/17/2011 PAGE 2 PROJECT: GOLDEN VALLEY, MN - 2011 HYDRA QUOTE NO: 5293660 ORDERED BY: QTY PROD #/DESCRIPTION UNIT PRICE UOM EXT PRICE -------------------------------------------------------------------- 9 EA /80702509871 2,170.00000 EA 19,530.00 2700 6MJ 8'0" 3WAY GOLDEN VALLEY (2738 - 02914- OBY08 -BS) GOLDEN VALLEY, MN. SPECIFICATION PRICE INCLUDES DELIVERY TO GOLDEN VALLEY, MN. ONE COMPLETE SHIPMENT. BID TOTAL ** END OF BID ** 19,530.00 "Golden Val ley Public Works 763- 593 -8030 / 763 - 593 -3988 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. F. Authorize Agreement for Tree Planting Grant funded by the Minnesota Department of Natural Resources Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Summary On January 1, 2011, the City was awarded a grant from the Department of Natural Resources (DNR) for tree planting within the City's public parks and golf course. The City requested the grant to assist in its efforts to mitigate tree removals from recent storm events and the implementation of its Emerald Ash Borer Management Plan. The City has been awarded $15,000 to furnish, install, and warranty trees throughout the City parks and golf course. The grant application identified a $5,000 match from the City to complete the project. The City currently has funding for tree planting identified in the Tree Maintenance (1646 -6440) portion of the Park Maintenance (067) budget on page 58. The City is required to enter into a contract with the DNR for the project. The project will start as soon as the City gets a fully executed copy of the contract from the DNR. Work is scheduled to be completed by June 30, 2012. Attachments Resolution Authorizing the Grant Agreement Between the Minnesota Department of Natural Resources and the City of Golden Valley for the General Obligation Bond Proceeds Designated for Tree Planting on Public Property (1 page) State of Minnesota General Obligation Bond Proceeds Grant Contract (22 pages) Recommended Action Motion to adopt the Resolution Authorizing the Grant Agreement between the Minnesota Department of Natural Resources and the City of Golden Valley for the General Obligation Bond Proceeds Designated for Tree Planting on Public Property. Resolution 11 -7 March 1, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING GRANT AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF GOLDEN VALLEY FOR THE GENERAL OBLIGATION BOND PROCEEDS DESIGNATED FOR TREE PLANTING ON PUBLIC PROPERTY WHEREAS, the City of Golden Valley submitted an application to the Minnesota Department of Natural Resources for funds to assist with tree planting within the City's parks and golf course to mitigate tree removals from recent storm events and the implementation of its Emerald Ash Borer Management Plan. NOW, THEREFORE, BE IT RESOLVED, that Linda R. Loomis, Mayor of the City of Golden Valley, and Thomas D. Burt, City Manager, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Minnesota Department of Natural Resources prescribing to the terms and conditions of said grant agreement as referenced. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. STATE OF MINNESOTA GENERAL OBLIGATION BOND PROCEEDS GRANT CONTRACT Accounting Information Agency: R29 Fiscal Year: 10 Vendor Number: 05334600100 Total Amount of Contract: $15,000.00 Amount of First FY: Commodity Code: 023 09 Commodity Code: Commodity Code: Object Code: 5B20 Object Code: Amount: $15,000.00 Amount: Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 500 Fund: Fund: Appr: 357 Appr: Appr: Org/Sub: 3727 Org/Sub: Org/Sub: Activity: 3505 Activity: Activity: Amount: $15,000.00 Amount: Amount: Contract Number: B52120 Begin Date: February 1, 2011 End Date: June 30, 2012 Grant Name and Address for filing and payment purposes: City of Golden Valley, 7800 Golden Valley Road Golden Valley, MN 55427 Attention: Tim Teynor, Assistant City Forester General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting THIS AGREEMENT shall be effective as of February 1, 2011 and is between City of Golden Valley, a political subdivision of the State of Minnesota. (the "Public Entity"), and the Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 551554044 (the "DNR "). RECITALS A. The DNR has created and is operating a diseased shade tree removal and replacement program (the "State Program ") under the authority grdnted by Laws 2008, ch. 179, sec. 7, subdiv. 21 (the "State Program Enabling LegislaEon "). Under the State Program, the recipients of a grant must use such funds to identify, remove, dispose of and replace dead or dying shade trees locates on public property that are lost to forest pests or disease. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article )M Sec. 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application") attached as Attachment III in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant fiom the State Program in an amount of $15,000.00 (the "Program Grant!% which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. E. The Public Entity's receipt and use of the Program Grant to improve real property (the "Real Property") will cause the Public Entity's ownership interest in all of the Real Property to become "state bond financed property", as such term is used in Minn. Stat. Sec. 16A.695 , and in the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget (". VJB ") and dated August 26, 2010, as amended, even if such fiords are being used to improve only a portion of the Real Property. G. The Public Entity and the DNR desire to set forth herein the provisions relating to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Property. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows: Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set forth below, unless the context specifically indicates otherwise: 2 "Agreement" - means this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting. "Certification" — if applicable, means a certification in the form attached as Attachment IA, in which the Public Entity acknowledges that its interest in all or part of the Real Properly is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner's Order" - means the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of -State Bond Financed Property" executed by the Commissioner of MMB and dated August 26, 2010, as amended. "Declaration" - if applicable, means a declaration in the form attached as Attachment IB, indicating that the Public Entity's ownership interest in the all or part of the Real Property is bond financed property within the meaning of Minn. Stet. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Event of Default" - means one or more of the events set forth in Section 2.05. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XL Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the Program Grant, and any bonds issued to refund or replace such bonds. "Project" - means the Public Entity's identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease. "Public Entity" - means the entity identified as the "Public Entity" in the lead -in paragraph of this Agreement. "Real Property" - means the real property located in the County of Hennepin, State of Minnesota, legally described in Exhibit A to the Certification attached as Attachment IA and/or generally described in Exhibit A to the Declaration attached as Attachment 1B. "Useful Life of the Real Property" - means 30 years. Article H GRANT Section 2.01 Grant of Monies. The DNR shall make the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the DNR or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property must be owned by one or more public entities. Such ownership may be in the form of fee ownership and/or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the DNR that it has, or will acquire, a fee simple and/or an easement 3 ownership interest in the Real Property, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Property. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, for identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease, and may not use the Program Grant for any other purpose. Section 2.04 Public Entity Representations and Warranties. The Public Entity represents and warrants to the DNR as follows: A. It has legal authority to enter into, execute, and deliver this Agreement and all documents referred to herein, and-it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Properly for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their terms. E. It will comply with all of the terms and conditions of this Agreement and all other documents referred to herein. F. It will comply with all of the provisions and requirements of Minn. Stat. See. 16A.695, the Commissioner's Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the DNR or the Commissioner of MMB relating to the Program Grant or the disbursement of the Program Grant is and will be true and correct R It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement; the Certification and/or the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement; the Certification and/or the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. 4 J. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. It has complied with the matching finds requirement contained in Section 610. N. It will not, without the prior written consent of the DNR and the Commissioner of M1VIB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property, whether such lien or encumbrance is superior or subordinate to the Declaration (if applicable). O. It reasonably expects to possess the ownership interest in the Real Property described in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such ownership interest. P. It will supply whatever fiords are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. Q. For that portion of the Real Property (if any) as to which the State Entity or the Public Entity has received a waiver from M IB of the requirement that the Public Entity record a Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will promptly execute a Certification and deliver a copy thereof to the DNR and to MM (attention: Capital Budget Coordinator). For that portion of the Real Property (if any) as to which the Public Entity has not received a waiver from MMB of the requirement that it record a Declaration, it has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the DNR and to MMB that contains all of the recording information. IL It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the DNR or the Commissioner of MMB. Section 2.05 Events of Default. The following events shalli unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the DNR or the Commissioner of M IB giving the Public Entity 30 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the DNR and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the 5 DNR to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. N the Public Entity fails to fully comply with any provision, condition, covenant, or warranty contained in this Agreement, the Certification and/or the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds required for the Project under Section 6.20. E. If the Public Entity fails to deliver the Certification and/or record and deliver the Declaration described in Section 2.04.Q. Notwithstanding the foregoing, any of the events set forth above that cannot be cured shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the DNR or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the DNI , the DNR or the Commissioner of MAO may enforce any or all of the following remedies. A. The DNR may refrain from disbursing the Program Grant; provided, however, the DNR may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MO. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MAO, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MM. D. Either the DNR or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the DNR or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision of this Agreement within 30 days of demand by the Commissioner of MMB, or any 6 amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the DNR and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Public Entity shall furnish to the DNR and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occui=ce of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.08 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.10 and at the end of its term in accordance with Section 2.09. Section 2.09 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property to the daze on which the Rat Property is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Rat Property from the effect of this Agreement and the Declaration, if any. Section 2.10 Modification and/or Early Termination of Grant. N the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later daze to which the Public Entity and the DNR may agree in writing, then the DNR's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date, then the DNR's obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate, and (ii) if some but not all of the Program Grant has been disbursed by such date, then the DNR shall have no finlher obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect. This Agreement shall also terminate upon the Public Entity's sale of its ownership interest in the Real Property in accordance with the provisions of Article III and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with Article R or upon the termination of Public Entity's ownership interest in the Real Property if such ownership interest is byway of an easement. Upon such termination the DNR shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property, from the effect of this Agreement; the Certification and/or the Declaration. Section 2.11 Excess Funds. If the full amount of the Program Grant and matching funds referred to in Section 6.20, if any, are not needed to complete the project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. 7 Article III SALE The Public Entity shall not sell any part of its ownership interest in the Real Property unless all of the following have been complied with fully: (i) the sale is made as authorized by law, (ii) the sale is for fair market value (as defined in the Commissioner's Order), and (iii) the written consent of the Commissioner of MAO has been obtained The proceeds of any such sale shall be distributed as set forth in Minn. Stat. See. 16A.695 and the Commissioner's Order. Article IV COMPLIANCE WITH MILAN. STAT. SEC. 16A.695 AND THE COALMUSIONER'S ORDER Section 4.01 State Bond Financed Property. The-Public Entity and the DNR acknowledge and agree that the Public Entity's ownership interest in the Real Property is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's ownership interest in the Real Property. Section 4.02 Preservation of Tax Exempt Status. In order to preserve the tax - exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Properly or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking fiords," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such fonds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and fianish such documents as the Commissioner of MM determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either. (1) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (u) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97 -13, 1997 -1 CB 632, or (iii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "twelated trade or business" or for any "private business use (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to 8 maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Changes to hilim. Stat. Section 16A.695 or the Commissioner's Order. N the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Section 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNR's obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the DNR and the Commissioner of MMB. Section 5.02 Conditions Precedent to Disbursement of Grant. The obligation of the DNR to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant set forth in Recital D. B. The DNR shall have received a duly executed Certification and/or Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The DNR shall have received evidence acceptable to the DNR that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and/or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptable to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project. F. The DNR shall have received evidence acceptable to the DNR that all required permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or 9 those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. G. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. K The Public Entity has supplied to the DNR all other items that the DNR may reasonably require. Article VI MISCELLANEOUS Section 6.01 Condemnation. If after the public Entity has acquired the ownership interest sat forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds which are not used to acquire an interest in additional real property needed by the Public Entity to continue its use of the remaining Real Property shall be applied in accordance with Minn. Stet. Sec. 16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership interest in the Real property had been sold. If the Public Entity elects to sell its ownership interest in the remaining portion of the Real Properly, such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order, with the condemnation proceeds being so applied within a reasonable time period from the daze they are received by the Public Entity. As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation proceeds it receives so that the Public Entity can comply with the requirements of this Section. Section 6.02 Record Keeping and Reporting. The Public Entity shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the Project needed to comply with the requirements of this Agreement, Mimi. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the DNR, auditors for the DNR, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit or copy all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such items for a period of 6 years from the date that the Project is fully completed. Section 6.03 Inspections by DNR. Upon reasonable request by the DNR and without interfering with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Real Property. Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant or the Project to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minn. Stet. Chapter 13. Section 6.05 Non - Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, and it shall fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181. 10 Section 6.06 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relaxing to worker's compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182 with respect to the Project. Section 6.07 Antitrust Claims, The Public Entity hereby assigns to the DNR and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6.08 Legislative Notification. Prior to beginning work on the Project, the Public Entity shall notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. Section 6.09 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minn. Star. Chapter 177, and specifically those provisions contained in Minn. Stat. Secs. 177.41 through 177.435 with respect to the Project. Section 6.10 Liability. The Public Entity and the DNR agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of the DNR and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. Sec. 3.736. If the Public Entity is a "municipality" as such term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of such Chapter 466. Section 6.11 Relationship of the Parties. Nothing in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the DNR, or the Commissioner of MMB, nor shall the Public Entity be considered to be an agent, representative, or employee of the DNR, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property. The Public Entity represents that it has already or will secure all personnel required for the performance of this Agreement and the Project. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement and the Project shall have no contractual relationship with the DNR, the Commissioner of MMB, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the DNR, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the DNR, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 6.12 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other. 11 To the Public Entity at City of Golden Valley, 7800 Golden Valley Road Golden Valley, MN 55427 Attention: Tim Teynor, Assistant City Forester To the DNR at: Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner of MUM at Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention. Commissioned Section 6.13 Binding Effect and Assignment or Modification. This Agreement and the Certification and/or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the DNR may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Certification and/or the Declaration shall be binding on either the Public Entity or the DNR unless such change or modification is in writing and signed by an authorized of of the party or against which such change or modification is to be imposed. Section 6.14 waiver. Neither the failure by the Public Entity, the DNR, or the Commissioner of MIS, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof nor the failure of the Public Entity, the DNR, or the Commissioner of MAO, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the DNR, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or fiuther exercise thereof or the exercise of any other right or remedy. Section 6.15 Entire Agreement This Agreement, the Certification and/or the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relaxing to the validity, construction, performance, or enforcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect 12 to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.17 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.19 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds for the Project: None. Section 6.21 Source and Use of Funds. The Public Entity represents to the DNR and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project. B. The source and amount of all funds needed to complete the Project, including: (i) State funds including the Program Grant, (ii) Matching funds, (iii) Other funds supplied by the Public Entity, (iv) Loans, identifying each such loan and all collateral pledged for repayment of each such loan and (v) Other funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such fiords and the expected use of such funds. Previously paid project expenses (that is, project expenses paid before the effective date of this Agreement) that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of MMB may request to support or explain any of the information contained in Attachment M. Section 6.22 Third Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of 13 Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of MIv1B, is a third- party beneficiary of this Agreement. Section 6.23 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 624 DNR and Commissioner Required Acts and Approvals. The DNR and the Commissioner of MAO shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E- Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive order omi regarding e- verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR agree to comply with'the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control: R W In (The remainder of thiv page was intentionally. left blank) 14 IN TESTIMONY HEREOF, the Public Entity and the DNR have executed this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting under the diseased shade tree removal and replacement program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Golden Valley, a political subdivision of the State of Minnesota Name: Its: Name: Its: Dated: STATE ENTITY: DEPARTMENT OF NATURAL RESOURCES By: Name: Robert Tomlinson Its: Assistant Director, Division of Forestry Dated: ENCUMBERED: 'Accounting Officer Senior Dated: CFMS Contract #B52120 15 LEAVE BLANK - NOT PLANTING ON PUBLIC EASEMENTS OR STREET BOULEVARDS ATTACHMENT IA CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple and/or easement interest in the real properly located in the County of Hennepin, State of Minnesota that is generally described or illustrated graphically in Esbibit A attached and all facilities situated thereon ( the "Restricted Property") and acknowledges that the Restricted Property is State bond financed properly. The undersigned acknowledges that» A. The Restricted Property is state bond financed properly within the meaning of Minn. Stet. Sec. 16A. 695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Mmnesota Management and Budget; B. The Restricted property is subject to the provisions of the General Obligation Bond proceeds Grant Agreement for Tree Removal and Replanting between the Department of Natural Resources and dated , and C. The Restricted Property shall continue to be deemed state bond financed property for 125% of the useful life of the Restricted Properly of until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: , 20 City of Golden Valley, a political subdivision of the State of Minnesota M Name: Title: Name: Title: 16 LEAVE BLANK - NOT PLANTING-ON PUBLIC EASEMENTS OR STREET BOULEVARDS Exhibit A to Cerdfiestion GENERAL DESC HMON OF RE MCPED PROPERTY [Insert a nwradve or graphic description of the Restricted Property. It need not be a legal dewcripdon.J 17 ATTAR IB DECLARATION State of Minnesota General Obligation Bond Financed Property The undersigned has the following interest in the real properly located in the County of Hennepin, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively refereed to as the "Restricted Properly"): (Check the appropriate box) a fee simple title, or ❑ an easement, and as owner of such fee title or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. Sec. 16A. 695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or ftL,&=ent used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting between the Department of Natural Resources and City of Golden Val lev dated February 1, 2011 (tile "G.O. Grant Agreement"). The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Property Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of the Department of Natural Resources and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of N[innesota. Management and Budget, 18 City of Golden Valley, a political subdivision of the State of Minnesota By: Name: Title: Dated , 20 STATE OF MflgNESOTA ) ss: COUNTY OF ) The foregoing mstniment was acknowledged before me this day of , by , the of , a political subdivision of the State of Minnesota. This instrument was drafted by: Ken Holman Community Forest Program Coordinator Mm m to Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 19 Notary Public Exhibit A to Deciamtlon LEGAL DESCRIPTION OF RESTRICTED PROPERTY pnsert a nansWe or gmphlo dowd0don of the ResWaW Property. It need not be a legal desoriptlon.J Park Name Address PID No. Stockman Park 3300 Major Avenue North 0702924130094 Hampshire Park 1610 Louisiana Avenue North 2911821420001 Wesley Park (north entrance) 8305 Wesley Drive 3011821410016 Wesley Park (south entrance) 8200 Plymouth Avenue 3011821430090 Seeman Park 1101 Florida Avenue North 3211821110019 St. Croix Park 5850 St. Croix Avenue North 2811821310008 Scheid Park 1856 Toledo Avenue North 1802924320045 Gearty Park 3101 Regent Avenue North no PID assigned Lions Park 151 Louisiana Avenue North 3211821340034 Wildwood Park 7401 Duluth Street No PID assigned Rice Lake Nature Area 4120 Bassett Creek Drive 1802924110049 Golden Oaks Park 1141 Valders Avenue North 3111821110021 North Tyrol Park 900 Westwood Drive South no PID assigned Medley Park 2331 Ensign Avenue North 3011821210001 Lakeview Park 1521 Hillsboro Avenue North 3011821330022 Laurel Avenue Greenbelt (Cortlawn Pond) 6900 Laurel Avenue no PID assigned Laurel Avenue Greenbelt (East & West Ring Ponds) 7100 Laurel Avenue no PID assigned Natchez Park 201 Natchez Avenue North 1902924340016 G *lForesbylContrads\ExhA GonDescdpReMctedProperty 20 ATTACHMENT H SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount State GO Funds Nggram Grant $15,000 Other State Funds Subtotal $ _AUtching Funds MY of Golden Valle $ 5,000 Subtotal $ Other Public Entity Funds Subtotal Loans Subtotal $ Other Funds Subtotal $ Prepaid Pro 'ect Expenses Subtotal $ TOTAL FUNDS 1$202000 21 ATTACHMENT III GRANT APPLICATION 22 Golden Vall,� PIT Memorandum Finance 763- 593 -8013 1763-693-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting March 1, 2011 Agenda Item 3. G. Receipt of January 2011 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report on the following funds: General Fund Operations Conservation /Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing Fund (Enterprise Fund) Storm Utility Fund (Enterprise Fund) The revenues and expenditures show current month actual and year -to -date actual compared to the 2011 approved budget. General Fund Operations: The 2011 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of January 2011, the City is using $808,044 of fund balance to balance the General Fund budget. Attachments January 2011 General Fund Financial Report - unaudited (2 pages) January 2011 Conservation /Recycling Fund Financial Report (Enterprise Fund) - unaudited (1 page) January 2011 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) January 2011 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited (1 page) January 2011 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) - unaudited (1 page) January 2011 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) Recommended Action Motion to receive and file the January 2011 Financial Reports. City of Golden Valley Monthly Budget Report - General Fund Revenues January, 2011 (unaudited) Percentage Of Year Completed 8.30% Charges For Services: General Government 37,725 172 172 Over % Public Safety 2011 January YTD (Under) of Budget Type Budget Actual Actual Budget Received Park & Rec 392,200 31,098 31,098 ($361,102) Ad Valorem Taxes $11,702,050 0 $0 ($11,702,050) 0.00% (1) Licenses 166,865 850 850 ($166,015) 0.51% Permits 576,400 53,490 53,490 ($522,910) 9.28% Federal Grants 0 0 0 $0 ($211,040) State Aid 10,500 0 0 ($10,500) 0.00% (4) Hennepin County Aid 0 0 0 $0 ($14,803,806) Charges For Services: General Government 37,725 172 172 ($37,553) 0.46% Public Safety 190,115 24,390 24,390 ($165,725) 12.83% Public Works 124,000 845 845 ($123,155) 0.68% Park & Rec 392,200 31,098 31,098 ($361,102) 7.93% Other Funds 981,500 2,744 2,744 ($978,756) 0.28% Fines & Forfeitures 250,000 0 0 ($250,000) 0.00% (2) Interest On Investments 100,000 0 0 ($100,000) 0.00% (3) Miscellaneous Revenue 214,140 3,100 3,100 ($211,040) 1.45% Transfers In 175,000 0 0 ($175,000) 0.00% TOTAL Revenue $14,920,495 $116,689 $116,689 ($14,803,806) 0.78% Notes: (1) The first half taxes will be received in July. (2) Fines and Forfeitures first receipt will be in February. (3) Investments will be booked at year end. (4) State Training will be received in August. January, 2011 (unaudited Over % 2011 January YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,970 21,349 21,349 ($266,621) 7.41% City Manager 747,095 55,167 55,167 (691,928) 7.38% Admin. Services 1,524,180 76,228 76,228 (1,447,952) 5.00% Legal 120,000 0 0 (120,000) 0.00% General Gov't. Bldgs. 570,680 7,418 7,418 (563,262) 1.30% Planning 322,315 24,486 24,486 (297,829) 7.60% Police 4,695,320 324,380 324,380 (4,370,940) 6.91% Fire and Inspections 1,516,730 113,758 113,758 (1,402,972) 7.50% Public Works Admin. 319,830 26,411 26,411 (293,419) 8.26% Engineering 613,515 20,730 20,730 (592,785) 3.38% Streets 1,333,375 118,597 118,597 (1,214,778) 8.89% Community Center 71,400 3,844 3,844 (67,556) 5.38% Park & Rec. Admin. 672,460 46,005 46,005 (626,455) 6.84% Park Maintenance 996,485 68,139 68,139 (928,346) 6.84% Recreation Programs 409,170 18,221 18,221 (390,949) 4.45% Risk Management 280,000 0 0 (280,000) 0.00% Transfers Out 439,970 0 0 (439,970) 0.00% TOTAL Expenditures $14,920,495 $924,733 $924,733 ($13,995,762) 6.20% City of Golden Valley Monthly Budget Report - Conservation /Recycling Enterprise Fund January, 2011 (unaudited) Over 2011 January YTD (Under) Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 0 (51,425) 0.00% Recycling Charges 275,975 0 0 (275,975) 0.00% Interest on Investments 10,000 0 0 (10,000) 0.00% (1) Total Revenue 337,400 0 0 (337,400) 0.00% Expenses: Recycling 418,360 0 253,084 (165,276) 60.49% (2) Total Expenses 418,360 0 253,084 (165,276) 60.49% (1) Interest Earnings are allocated at year -end. (2) This includes no ourbside services billing as of YTD. Revenue Expenses: City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund January, 2011 (unaudited) Over 2011 January YTD (Under) Budget Actual Actual Budget Current Water Charges 4,304,300 74,215 74,254 (4,230,046) Sewer Charges 3,210,000 69,599 69,599 (3,140,401) Meter Sales 5,000 0 0 (5,000) MCES Grant Program 0 0 0 0 Penalties 100,000 4,971 4,971 (95,029) Charges for Other Services 190,000 0 8,466 (181,534) State Water Testing Fee Pass Through 43,000 179 179 (42,821) Certificate of Compliance 45,000 7,550 7,550 (37,450) Interest Earnings 85,000 0 0 (85,000) Total Revenue 7,982,300 156,514 165,019 (7,817,281) Utility Administration Sewer Maintenance Water Maintenance Total Expenses 2,769,610 20,830 20,830 (2,748,780) 2,248,140 296,996 296,996 (1,951,144) 3,873,915 45,075 45,075 (3,828,840) 8,891,665 362,901 362,901 (8,528,764) 1.73% 2.17% 0.00% 4.97 4.46 0.42 16.78 0.00 2.07 0.75 13.21% 1.16% 4.08 City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund (3) January, 2011 (unaudited) Over 2010 January YTD (Under) Budget Actual Actual Budget Current Revenue Fees and Lessons 981,155 0 (981,155) 0.00% Driving Range Fees 112,600 0 27,377 27,377 Par 3 Fees 194,240 0 109,560 6,477 Pro Shop Sales 80,000 254 254 (79,746) 0.32% Pro Shop Rentals 243,050 0 (243,050) 0.00% Concession Sales 216,000 50 50 (215,950) 0.02% Other Revenue 109,325 1 1 (109,324) 0.00% Interest Earnings 15,000 0 (15,000) 0.00% (1) Less: Credit Card Charges /Sales Tax (150,000) 0 150,000 0.00% Total Revenue 1,801,370 305 305 (1,801,065) 0.02% Expenses: Golf Operations 666,450 19,791 19,791 (646,659) 2.97% (2) Course Maintenance 742,820 27,377 27,377 (715,443) 3.69% Pro Shop 109,560 6,477 6,477 (103,083) 5.91% Grill 185,185 31 31 (185,154) 0.02% Driving Range 45,615 0 0 (45,615) 0.00% Par 3 Course 30,525 0 0 (30,525) 0.00% Total Expenses 1,780,155 53,676 53,676 (1,726,479) 3.02% (1) Interest Earnings are allocated at year -end. (2) Depreciation is allocated at year -end. (3) Course has not opened yet. Revenue City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund January, 2011 (unaudited) Over 2011 January YTD (Under) Budget Actual Actual Budget Current Interest Earnings 9,000 0 0 (9,000) Charges for Services 531,000 0 0 (531,000) Total Revenue 540,000 0 0 (540,000) Expenses: Motor Vehicle Licensing Total Expenses (1) Interest Earnings are allocated at year -end. (2) Activity is posted in through January. 529,135 27,705 27,705 (501,430) 529,135 27,705 27,705 (501,430) 0.00% (1) 0.00% (2) 0.00% 5.24% 5.24 City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund January, 2011 (unaudited) Revenue Interest Earnings Storm Sewer Charges Bassett Creek Watershed Total Revenue Expenses: Over 2011 January YTD (Under) % Budget Actual Actual Budget Current 50,000 0 0 (50,000) 0.00% (1) 2,212,150 128,679 128,679 (2,083,471) 5.82% 715,000 0 0 (715,000) 0.00% 2,977,150 128,679 128,679 (2,848,471) 4.32% Storm Utility 2,018,810 109,904 109,904 (1,908,906) 5.44% (2) Street Cleaning 117,460 0 0 (117,460) 0.00% Environmental Control 276,985 8,107 8,107 (268,878) 2.93% Debt Service Payments '437,300 200 200 (437,100) 0.05% Total Expenses 2,850,555 118,211 118,211 (1,908,906) 4.15% (1) Interest Earnings are allocated at year -end. (2) Depreciation is allocated at year -end and 2010 PMP is not complete. Git Golden Vall,� PAT CWIWA s Public Works 763- 593 -8030 1763-593-3988 (fax) Executive Summary For Action Golden Valley Council Meeting March 1, 2011 Agenda Item 4. A. Public Hearing - First Consideration - Ordinance No. 456 - Amending Electric Franchise Fee Ordinance No. 447 With Xcel Energy Prepared By Jeannine Clancy, Director of Public Works Summary On October 5, 2010, the City Council adopted an ordinance establishing a franchise fee with Xcel Energy. Xcel has objected to the terms of the ordinance. In order to avoid litigation on the matter, staff is recommending that the ordinance be amended to include the following: 1. An amendment that allows Xcel to be protected from the loss of a customer to a competitor or an energy supplier whose customers do not pay a franchise fee; and, 2. An amendment that allows the City Council to adjust the franchise fee should the City need additional fees for the Douglas Drive project. In no case can the fee exceed five percent of the gross revenue received by Xcel from the sale of electricity. 3. Requires a 60 -day, rather than 30 -day, notification by the City that it intends to charge both a franchise fee and a right -of -way permit fee. 4. Makes some minimal language changes to Exhibit A. The amended ordinance is attached, as well as a strike - through version of Ordinance 447. The following are the steps to approve and implement the ordinance: • Xcel begins collecting the franchise fee from rate payers January 1, 2011 • First consideration of the Ordinance Amendment March 1, 2011 • Second consideration of the Ordinance Amendment March 15, 2011 • Ordinance publication in the official City publication March 24, 2011 • Xcel has 60 days to formally accept the franchise fee May 24, 2011 After considering public testimony, staff requests that the Council adopt the ordinance on its first consideration. Attachments Ordinance No. 456, Amending Electric Franchise Fee Ordinance No. 447, City of Golden Valley, Hennepin County, Minnesota (2 pages) Ordinance No. 447, Electric Franchise Ordinance, City of Golden Valley, Hennepin County, Minnesota (underline /strikethrough version) (4 pages) Recommended Action Motion to adopt Ordinance No. 456, Amending Electric Franchise Fee Ordinance No. 447, City of Golden Valley, Hennepin County, Minnesota on its first consideration. ORDINANCE NO. 456, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Electric Franchise Fee Ordinance No. 447 City of Golden Valley, Hennepin County, Minnesota The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by changing Section 1, subd. 2, to read as follows: Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located within the City. The Company has agreed to collect and pay the franchise fee, set forth in Subd. 3, provided however that the fee will not be the cause of a customer to cease or substantially reduce its electric energy purchases from the Company by modifying equipment, or installing new equipment ( "New Equipment ") due to the fee surcharge, to use a form of energy (including electricity not purchased from Company) subject to a lesser or no fee payable by the energy supplier to City. It is agreed by City that Company, at its reasonable discretion and upon 30 days prior written notice to City, may agree with any customer that has clearly demonstrated its intention and ability to install New Equipment and switch to another energy supplier, to eliminate or reduce the franchise fee Company would otherwise collect to the amount, if any, of the fee imposed by City on the supplier of the energy the customer would use if New Equipment were used, but only to the extent the customer agrees to use electricity purchased from Company in lieu of such other energy available to the customer which is not subject to a City fee or which is subject to a lesser City fee. The proposed reduction or elimination of the fee may become effective 30 days after the date of the above - referenced notice, unless the City Manager delivers to Company, prior to such 30th day, a written statement objecting to the Company's proposed reduction or elimination of the fee. In the event the City Manager objects to such proposed reduction or elimination of the fee, the Company may notify City in writing of its intent to resolve such dispute pursuant to Section 2.5 of the Franchise Agreement. No Company reduction or waiver of the fee shall otherwise affect its obligation to collect fees from other customers pursuant to this Ordinance. If the fee is waived or reduced for a customer, the City may annually request a review of the customer reduction or waiver for continued justification. All disputes over continued fee waiver reduction shall be resolved pursuant to Section 2.5 of City Ordinance No. 394, 2nd Series. Section 2. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by adding subd. 4, set out below and renumbering the remaining subdivisions 4 - 9, inclusive as 5 -10, inclusive. Subd. 4. Periodic Fee Adjustment. City has estimated that the franchise fee will provide the City with approximately $630,000.00 in annual revenue for the Project costs ( "Estimate "). If actual revenue collected fails to meet or exceeds this Estimate for any reason, or if the City reasonably determines that the Estimate will not meet Project costs as defined in Subdivision 10, upon notice to the Company, the City may increase or decrease the fee from time to time to achieve the revenue necessary to cover Project costs; provided, however, that any such change shall maintain the same flat fee proportion among customer classifications and shall not exceed five percent (5 %) of the gross revenue received by Company from the sale of electricity to retail customers within the corporate limits of the City. The fee may not be changed more often than annually. This right of Periodic Fee Adjustment relates to revenues sufficient to meet Project costs and does not relate to any additional franchise fee greater than the Project costs or fee for another public purpose as allowed by law that the City may seek to impose. In that event, the City and Company shall employ Section 9 of City Ordinance No. 394, 2nd Series to establish such fee pursuant to a separate ordinance. Section 3. The City Code in Chapter 25, Ordinance No. 447, Second Series, is hereby amended by changing "thirty (30) days" to "sixty (60) days" in Section 1, subd. 6. Section 4. The City Code in Chapter 25, Ordinance No. 447, Second Series is hereby amended by deleting the word "Franchise" in the first sentence of Exhibit A attached thereto and replacing it with the words "Subject to Subdivisions 2 and 4 of this Ordinance, franchise ". Section 5. This Ordinance is effective upon its passage and publication. Adopted by the City Council this 15th day of March, 2011. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). ORDINANCE NO. 447, 2ND SERIES ELECTRIC FRANCHISE ORDINANCE CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM NORTHERN STATES POWER D /B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY THE CITY OF GOLDEN VALLEY ORDAINS: SECTION 1. The City Code is hereby amended as follows: Subd. 1. Purpose. In order to defray infrastructure and related costs of the Douglas Drive Reconstruction Project ( "Project "), the City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Golden Valley pursuant to City Ordinance No. 394, 2nd Series, a Franchise Agreement between the City and Northern States Power Company, d /b /a Xcel Energy ( "Company "). Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and conditions under which Xcel shall collect an electric franchise fee from customers located The fee and payment sashed ale is atta .hed hereto and mare a part of this within the City. - .- n....... �..,, r�,.,.,,......,...,..,.,., ... �..�.,...,.....,..,.., �.......�.... _ r_.. _....._ �...........,.., -..., ...., ..,w............., N.. ,......,....................,.. - ., ---- .._...._, ..._.__...� .._ --cv- to modify this ffanGhise fee. The Company has agreed to collect and pay the franchise fee, set forth in Subd. 3, provided however that the fee will not be the cause of a customer to cease or substantially reduce its electric energy purchases from the Company by modifying equipment, or installing new equipment ( "New Equipment ") due to the fee surcharge, to use a form of energy (including electricity not purchased from Company) subject to a lesser or no fee payable by the energy supplier to City. It is agreed by City that Company, at its reasonable discretion and upon 30 days prior written notice to City, may agree with any customer that has clearly demonstrated its intention and ability to install New Equipment and switch to another energy supplier, to eliminate or reduce the franchise fee Company would otherwise collect to the amount, if any, of the fee imposed by City on the supplier of the energy the customer would use if New Equipment were used, but only to the extent the customer agrees to use electricity purchased from Company in lieu of such other energy available to the customer which is not subject to a City fee or which is subject to a lesser City fee. The proposed reduction or elimination of the fee may become effective 30 days after the date of the above - referenced notice, unless the City Manager delivers to Company, prior to such 30th day, a written statement objecting to the Company's proposed reduction or elimination of the fee. In the event the City Manger objects to such proposed reduction or elimination of the fee, the Company may notify City in writing of its intent to resolve such dispute pursuant to Section 2.5 of the Franchise Agreement. No Company reduction or waiver of the fee shall otherwise affect its obligation to collect fees from other customers pursuant to this Ordinance. If the fee is waived or reduced for a customer, the City may annually request a review of the customer reduction or waiver for continued justification. All ORDINANCE NO. 447, 2ND SERIES PAGE 2 disputes over continued fee waiver reduction shall be resolved pursuant to Section 2.5 of the City Ordinance No. 394, 2nd Series Subd. 3. Payment and Fee Design. The franchise fee shall be payable to the City in accordance with the schedule attached as Exhibit A. This is an account -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the City will control. Subd. 4. Period Fee Adjustment. City has estimated that the franchise fee will provide the City with approximately $630,000.00 in annual revenue for the Project costs ( "Estimate "). If actual revenue collected fails to meet or exceeds this Estimate for any reason, or if the City reasonably determines that the Estimate will not meet Project costs as defined in Subdivision 10, upon notice to the Company, the Ci may increase or decrease the fee from time to time to achieve the revenue necessary to cover Project costs, provided, however, that any such change shall maintain the same flat fee proportion among customer classifications and shall not exceed five percent (5 %) of the gross revenue received by Company from the sale of electricity to retail customers within the corporate limits of the City. The fee may not be changed more often than annually. This right of Periodic Fee Adjustment relates to revenues sufficient to meet Project costs and does not relate to any additional franchise fee greater than the Project costs or fee for another public purpose as allowed by law that the City may seek to impose. In that event, the City and Company shall employ Section 9 of City Ordinance No. 394, 2nd Series to establish such fee pursuant to separate ordinance. Subd. 4- 5. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Company will surcharge its customers in the City the amount of the fee. Subd. 5.6. Right of Way Permit Fees Waiver. Beginning the date the Company begins collecting franchise fees from customers in the City until the City gives notice to Company of City's desire to impose both franchise fees and require permit fees pursuant to chapter 7 of the City Code ( "Permit Fees "), City waives any and all Permit Fees the City would otherwise have the right to impose on Company. If the City intends to require both Permit Fees and franchise fees from the Company, the City shall give the Company s (30 60) days written notice of such intent before charging Permit Fees. Company does not hereby waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all rights under law. Notwithstanding the above Permit Fee waiver, Company shall ORDINANCE NO. 447, 2ND SERIES PAGE 3 remain subject to all other requirements of chapter 7 of the City Code not superseded by the specific terms of Ordinance 394, 2nd Series. Subd. 6. 7. Record Support for Payment. Company shall make each payment when due and, if requested by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subd. 7. 8. Enforcement. Any dispute, including enforcement of a default regarding this ordinance, will be resolved in accordance with Section 2.5 of Ordinance 394, 2nd Series. Subd. 9. 9. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in the Franchise, the effective date of the fee collected under subdivision 2 of this ordinance is the later of ten (10) days after the publication or after the sending of written notice enclosing a copy of this adopted ordinance upon Company by certified mail. Fee collection under this ordinance will commence in accordance with the terms set forth in subdivision 2. Subd. x. 10. City Use of Franchise Fees Collected by the Company and Sunset of Fee. The City shall use the fees collected by Company only for infrastructure costs incurred on the Project and for no other purpose. For purposes of this ordinance, infrastructure costs on the Project shall include City expenditures, including those financed by bonds, for any and all design and construction, including all associated Project administration and related costs, maintenance, repair, improvement to, relocation of, or replacement of facilities, including City or privately -owned utility facilities for which customers in the City would otherwise be required to pay; and acquisition or improvement of rights -of -way or other public ground for the Project. The City Council shall determine the sunset date for this fee at the time it is advised of a maturity date certain for bonds issued to finance the Project. The fee sunset date shall be on or about the latest maturity date of any bonds issued to finance the Project. SECTION 2. This ordinance takes effect as provided herein. Adopted by the City Council this 5th 15th day of 8stebef March, 24�0 2011. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk (This ordinance will be uncodified and referenced in Chapter 25 of the City Code). ORDINANCE NO. 447, 2ND SERIES PAGE 4 EXHI81 T A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Fee Per Meter, Monthly Residential $ 2.00 Small Commercial & Industrial - Non - Demand $ 2.00 Small Commercial & Industrial - Demand $ 22.50 Large Commercial & Industrial $206.00 Fr,�hffise Subject to Subdivision 2 and 4 of this Ordinance, franchise fees are to be collected by the Company in the amounts set forth in the above schedule, and submitted to the City on a quarterly basis as follows: January - March collections due by April 30 April - June collections due by July 31 July - September collections due by October 31 October - December collections due by January 31