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11-07-18 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Wednesday, November 7, 2018 6:30 pm 1. CALL TO ORDER PAGES A. Pledge of Allegiance B. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. Council/Manager Meeting - July 10, 2018 2-3 2. City Council Executive Session - October 16, 2018 4 3. City Council Meeting - October 16, 2018 5-9 B. Approval of City Check Register 10 C. Licenses: 1. Gambling License Exemption & Waiver of Notice Requirement - Sons of the American Legion 11-13 D. Minutes of Boards and Commissions: 1. Planning Commission - October 8, 2018 14-24 2. Human Rights Commission - August 28, 2018 and September 25, 2018 25-31 3. Human Services Commission - August 13 and September 13, 2018 32-34 4. Open Space & Recreation Commission - July 23 and September 24, 2018 35-37 5. Bassett Creek Water Management Commission - September 20, 2018 38-45 E. Bids and Quotes: 1. Approve Purchase of Galaxy HRE Modules for Water Meter Reading System Upgrade 46-48 F. Receipt of September 2018 Financial Reports 49-62 G. Approve Joint Powers Cooperative Agreement Cajun Twist LLC with the City of Minneapolis 63-67 4. PUBLIC HEARINGS A. Public Hearing - Minor Subdivision Approval - 1711 Xerxes Avenue North 68-82 B. Public Hearing - Conditional Use Permit 119, Amendment 3 - 800 Boone Avenue North 83 5. OLD BUSINESS 6. NEW BUSINESS All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar B. Mayor and Council Communications 7. ADJOURNMENT OFFICIAL MINUTES COUNCIL/MANAGER MEETING GOLDEN VALLEY, MINNESOTA July 10, 2018 The meeting began at 6:30 pm in the Council Conference Room. Present: Mayor Harris and Council Members: Clausen, Fonnest, Rosenquist and Schmidgall. Also present were: City Manager Cruikshank, and Physical Development Director Nevinski. Discussion on Gun Safety Council Member Rosenquist requested some type of meeting/forum be held to discuss gun safety and how the school districts and city plan, train, budget for potential public safety situations. Discussion included if the Council should conduct the meeting/forum, should the school district or other outside groups participate; school resource officer’s role at school; how best to educate residents and businesses on public safety issues; possible legislative priority and city campus security procedures. A majority of the Council requested the staff to meet with area school superintendents to determine if a meeting/forum should be held. Staff will also invite the Police Chief to an upcoming Council/Manager meeting to review campus security procedures. Golden Valley Human Services Fund Bylaw Amendments Human Services Fund Chair Aaron Black, Vice-Chair Denise LaMere-Anderson and Recreation Supervisor/Staff Liaison Erickson, suggested changes to the Human Services Fund bylaws. The changes include changing the name to Human Services Commission, membership from 13 to 10 members, define business/community member; incorporate rules regarding fundraising, agency selection and use of funds. After discussion by the Council, recommended changes as follows: change GVHSB to GVHSC; Article II(A) change “business or community organization” to “business and/or non- profit”; and Article IV(B)(i) 5th bullet remove last sentence: GVHSB will review the appropriateness of the particular circumstances which resulted in these costs exceeding 15 percent and GVHSB, together with the applicant, will agree upon a strategy for reducing these costs within the following fiscal year. Review of Waste Hauler Meeting and Discussion of Next Steps Physical Development Director Nevinski updated the Council on the meeting conducted with licensed residential haulers regarding the waste collection goals. The Council consensus was to proceed with staff’s recommendations and continue the waste collection discussion. Staff was requested to facilitate a public engagement process that would allow input from hauling industry representatives, city staff and the public. Official Council/Manager Minutes -2- July 10, 2018 Curbside Recycling and Organics Collection Physical Development Director Nevinski reviewed the recycling market and curbside organics options. The consensus of the Council is to continue discussions for curbside recycling contract and continue researching organic curbside collection options with Republic Services. Council Review of Future Draft Agendas: Housing and Redevelopment Authority July 17, City Council July 17, City Council Wednesday, August 8 and Wednesday, Council/Manager, August 15, 2018 Mayor Harris stated the Chester Bird American Legion thanked the Council and staff for their help in the Memorial Day celebration. Physical Development Director Nevinski updated the Council on the status of LimeBike availability within the City. No changes were made to future draft agendas. The meeting adjourned at 9:09 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Judy Nally, Administrative Assistant UNOFFICIAL MINUTES CITY COUNCIL EXECUTIVE SESSION GOLDEN VALLEY, MINNESOTA OCTOBER 16, 2018 The meeting began at 5:30 pm in the City Hall Manager’s Conference Room. The following members were present: Mayor Harris, Council Members Clausen, Rosenquist, and Schmidgall. Absent: Council Member Fonnest Also present were: Timothy J. Cruikshank, City Manager; Kirsten Santelices, Human Resources Director; Maria Cisneros, City Attorney. 1. Discuss Sergeant and Patrol Contract Negotiation City Manager Cruikshank, Human Resources Director Santelices, and City Attorney Cisneros updated the Council on the status of labor negotiations with various labor units. Council provided staff with direction on how they would like to proceed. The meeting was adjourned at 5:52 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Timothy J. Cruikshank, City Manager UNOFFICIAL MINUTES CITY COUNCIL MEETING GOLDEN VALLEY, MINNESOTA October 16, 2018 1. CALL TO ORDER Mayor Harris called the meeting to order at 6:40 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Harris, Council Members Joanie Clausen, Gillian Rosenquist and Steve Schmidgall. Also present were: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke. Absent: Council member Larry Fonnest 1C. Presentation - District 281 School District Referendum Dr. Jenkins, Ph.D., 281 Robbinsdale Area Schools Superintendent and Dr. Burke, Chair of the Vote YES committee, provided information on the Robbinsdale District 281 School Referendum and answered questions from Council. 2. ADDITIONS AND CORRECTIONS TO AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the agenda of October 16, 2018, as submitted and the motion carried. 3. APPROVAL OF CONSENT AGENDA MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the consent agenda of October 16, 2018, as revised: removal of 3D2-Approve Emergency Purchase of 2019 Dodge Charger, 3M-Authorize Agreement 2019 Bike Lane Improvement Project Design and Construction Professional Services and 3N-Authorization to Sign Police Patrol and Police Sergeant Agreements and the motion carried. 3A1. Approve Minutes of City Council Meeting - October 2, 2018 3B. Approve City Check Register and authorize payment of the bills as submitted. 3C. Accept for filing the Minutes of Boards and Commissions as follows: 1. Planning Commission - September 24, 2018 3D1. Approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,216. 3D2. Approve Emergency Purchase of a 2019 Dodge Charger. 3E. Adopt Resolution 18-65, Authorizing Submittal of Application for Hennepin Youth Sports Program Grant. 3F. Approve an extension until April 30, 2019, to submit the final plat for Tennant Companies PUD No. 114, Amendment #3 - 701 Lilac Drive North. 3G. Adopt Resolution 18-66, Resolution for Approval of Plat for Marie Estates. 3H. Authorize the Mayor and City Manager to sign the First Amendment to Development Agreement, Tennant Companies PUD No. 114. 3I. Adopt Resolution 18-67, Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Private Sanitary Sewer Repairs that involve 2018 Street Improvements. 3J. Adopt Resolution 18-69, approving amendments to the Golden Valley Community Foundation Memorandum of Understanding and Office Lease Agreement. Unofficial City Council Minutes -2- October 16, 2018 3. APPROVAL OF CONSENT AGENDA - continued 3K. Approve an extension until November 20, 2019, for Conditional Use Permit 159 - Lot 2 of Tennant Companies PUD No. 114. 3L. Adopt Resolution 18-68, amending Resolution 16-61 Approving an Interfund Loan in Connection with Tax Increment Financing District (Redevelopment) Winnetka Avenue and Medicine Lake Road. 3M. Authorize Agreement 2019 Bike Lane Improvement Project Design and Construction Professional Services. 3N. Authorization to Sign Police Patrol and Police Sergeants Agreements. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3D2. Approve Emergency Purchase of a 2019 Dodge Charger City Manager Cruikshank answered questions from Council regarding the Dodge Charger purchase. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve emergency purchase of a 2019 Dodge Charger from Dodge of Burnsville in the amount of $27,173 and the motion carried. 3M. Authorize Agreement 2019 Bike Lane Improvement Project Design and Construction Professional Services City Manager Cruikshank answered questions from Council regarding the Bike Lane Improvement project. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to authorize agreement with Short Elliot Hendrickson, Inc. to provide professional and construction services for the 2019 Bike Lane Improvement Project for the not to exceed amount of $154,084 and the motion carried. 3N. Authorization to Sign Police Patrol (LELS Local 27) and Police Sergeants (LELS Local 304) Agreement City Manager Cruikshank stated a closed executive session occurred before the Council meeting with the purpose to discuss the agreements. He provided brief details regarding the Police Patrol and Sergeants agreements. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to authorize the signing of the Police Patrol (LELS Local 27) Agreement and the motion carried. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to authorize the signing of the Police Sergeants (LELS Local 304) Agreement and the motion carried. 4. PUBLIC HEARINGS 4A. Public Hearing - Ordinance No. 647 - Zoning Text Amendment (Recodification) Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. Unofficial City Council Minutes -3- October 16, 2018 4A. Public Hearing - Ordinance No. 647 - Zoning Text Amendment - continued MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist to adopt Ordinance #647, Recodifying the Zoning Code in its Entirety. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest; the following voted against: none and the motion carried. 4B. Public Hearing to Vacate Easements and a Portion of 6th Avenue at 4050 Olson Memorial Highway and 700 Meadow Lane North 18-70   Planning Manager Zimmerman presented the staff report. Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public hearing. MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to adopt Resolution 18-70, Vacating Easements and a Portion of 6th Avenue at 4050 Olson Memorial Highway and 700 Meadow Lane North. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest; the following voted against: none and the motion carried. 4C. Public Hearing to Vacate Easements and a Portion of Olson Memorial Highway at 701 Lilac Drive North 18-71   Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to continue the public hearing regarding Vacating Easements and a Portion of Olson Memorial Highway Frontage Road at 701 Lilac Drive North to December 18, 2018, City Council meeting and the motion carried. 5. OLD BUSINESS   6. NEW BUSINESS 6A. Approval of Plat - North Wirth Parkway 7th Addition PUD No. 33 and Authorization to Sign PUD Permit - North Wirth Parkway PUD No. 33, Amendment #4 18-72 Planning Manager Zimmerman presented the staff report and answered questions from Council. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 18-72, for Approval of Plat - North Wirth Parkway 7th Addition PUD No. 33. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest; the following voted against: none and the motion carried. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to authorize the Mayor and City Manager to sign the PUD Permit for North Wirth Parkway PUD No. 33, Amendment #4 and the motion carried. Unofficial City Council Minutes -4- October 16, 2018 6B. Second Consideration - Ordinance #645 - City Code Recodification City Clerk Luedke presented the staff report. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to adopt second consideration Ordinance #645, adopting and enacting a new City Code for the City of Golden Valley. Upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest; the following voted against: none and the motion carried. 6C. Second Consideration - Ordinance No. 646 - Establishing a 2019 Master Fee Schedule Finance Director Virnig presented the staff report and answered questions from Council. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to adopt second consideration, Ordinance #646, establishing a 2019 Master Fee Schedule. Upon a vote being taken the following voted in favor of: Clausen, Harris, Rosenquist and Schmidgall, the following was absent: Fonnest; the following voted against: none and the motion carried. 6D. Review of Council Calendar Some Council Members may attend the Golden Valley Business Council on October 25, 2018, from 7:30 to 9 am at Brookview. Some Council Members may attend the Meadowbrook School Fall Festival on October 27, 2018, from 9 to 11:30 am at Brookview. Some Council Members may attend the Waste Hauling Forum on October 29, 2018, from 6:30 to 8:30 pm in the Council Chambers. Some Council Members may attend the School of Engineering & Arts event on October 31, 2018, at 1:45 pm located at the School of Engineering and Arts located at 1751 Kelly Drive. The General Election is on November 6, 2018, at the various polling locations. Some Council Members may attend the Meet & Greet with a Webelos Cub Scout Pack on November 7, 2018, at 5:45 pm in the Council Conference Room. The next City Council meeting will be held on November 7, 2018, at 6:30 pm. Some Council Members may attend the 100-year Anniversary of World War I on November 11, 2018, at 10 am located at the Victory Flagpole, 45th Avenue North, Robbinsdale. 6E. Mayor and Council Communication Mayor Harris thanked staff for their assistance during Mighty-Tidy Day and the fire fighters for Golden Valley Donut Day. He also provided information on the Peace Pole dedication that occurred prior to the Council meeting. Council Member Clausen wished the residents of Golden Valley a Happy Halloween and thanked Eve Clarkson for her donation of the Peace Pole. Unofficial City Council Minutes -5- October 16, 2018 6E. Mayor and Council Communication - continued Council Member Rosenquist provided information on the opportunities for youth members on the City Commissions. 7. ADJOURNMENT MOTION made by Council Member Clausen, seconded by Council Member Rosenquist and the motion carried to adjourn the meeting at 7:56 pm. _______________________________ Shepard M. Harris, Mayor ATTEST: __________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting November 7, 2018 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document is located on city website at the following location http://weblink.ci.golden- valley.mn.us/Public/Browse.aspx?startid=692131&dbid=2. The date of the council meeting is the current register that will be considered. Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting November 7, 2018 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Sons of American Legion Prepared By Kris Luedke, City Clerk Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments • Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Sons of American Legion. MINNESOTA LAWFUL GAMBLING 117 LG240B Application to Conduct Excluded Bingo No Fee Nage 1 of 2 ORGANIZATION INFORMATION Organization _- Previous Gambling Name: --____ .5" /74_e; �m ��r�/�'� Permit Number: Minnesota Tax ID Federal Employer ID Number, if any: _ Number(FEIN), if any: _ Mailing Jl Address: � City: + L�?A�V /�7iLL State: Zip:, County: -_—..— Name of Chief Executive Officer (CEO): _. OEM AIV Aqd..es_S CEO Daytime Phone: _ _CEO Email: (permit will be emfled to this email address less otherwise indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): E]Fraternal El Religious Veterans ElOther Nonprofit Organization Attach a copy of at least one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) EeCurrent calendar year Certificate of Good Standing Don't have a copy? This certificate must be obtained each year from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 FlInternal Revenue Service-IRS income tax exemption 501(c) letter in your organization's name Don't have a copy? Obtain a copy of your federal income tax exempt letter by having an organization officer contact the IRS at 877-829-5500. Internal Revenue Service-Affiliate of national,statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. EXCLUDED BINGO ACTIVITY Has your organization held a bingo event in the current calendar year? F�Yes No If yes, list the dates when bingo was conducted: The proposed bingo event will be: one of four or fewer bingo events held this year. Dates: -OR- conducted on up to 12 consecutive days in connection with a: county fair Dates: civic celebration Dates: Minnesota State Fair Dates Person in charge of bingo event; —_-tom l _ W S Daytime Phone: Name of premises where bingo will be conducted: _—_ 7!') Z_1776/GNU /OSj� S r Premises street address: _ _ Q.___�✓___ L - I2Jbi _ City: 641490_VA'11<-91 If township, township name: _-_ __ County: tt/17 LG240B Application to Conduct Excluded Bingo Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township On behalf of the city, I approve this application for excluded On behalf of the county, I approve this application for excluded bingo activity at the premises located within the city's bingo activity at the premises located within the county's jurisdiction. jurisdiction. Print City Name: 64_L-beN "�nC Ltzi� Print County Name: Signature of City Personnel: Signature of County Personnel: -- ---- -- ------------- Title: Ue✓ k Date:10 Q-/ a �._ Title:_ _ Date:_ TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for excluded bingo activity within the township limits. The city or county must sign before (A township has no statutory authority to approve or deny an submitting application to the application, per Minnesota Statutes, Section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer:_.__-_-_ Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Officer's Signature: _ Date: (Signature sA�btEO� signature; designee may not sign) Print Name: - —__-- _- ^ /NS - -- MAIL OR FAX APPLICATION & ATTACHMENTS Mail or fax application and a copy of your proof of nonprofit Bingo hard cards and bingo number selection devices may status to: be borrowed from another organization authorized to conduct Minnesota Gambling Control Board bingo. Otherwise, bingo hard cards, bingo paper, and bingo 1711 West County Road B, Suite 300 South number selection devices must be obtained from a distributor Roseville, MN 55113 licensed by the Minnesota Gambling Control Board. To find Fax: 651-639-4032 a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the LIST OF LICENSEES tab, or call An excluded bingo permit will be mailed to your organization. 651-539-1900. Your organization must keep its bingo records for 3-1/2 years. Questions? This form will be made available in alternative format Call a Licensing Specialist at 651-539-1900. (i.e. large print, braille) upon request. Data privacy notice: The information requested will be able to process the application. Your members, Board staff whose work requires on this form (and any attachments)will be used organization's name and address will be public access to the information; Minnesota's Depart- by the Gambling Control Board (Board)to deter- informatlon when received by the Board. All ment of Public Safety;Attorney General; Com- mine your organization's qualifications to be in- other information provided will be private data missioners of Administration, Minnesota Manage- volved in lawful gambling activities in Minnesota, about your organization until the Board issues ment&Budget, and Revenue; Legislative Audi- Your organization has the right to refuse to sup- the permit. When the Board issues the permit, tor,national and international gambling regula- ply the information; however, if your organiza- all information provided will become public. If tory agencies; anyone pursuant to court order; tion refuses to supply this information, the Board the Board does not issue a permit, all infor- other individuals and agencies specifically may not be able to determine your organi7a- mation provided remains private,with the ex- authorized by state or federal law to have access tion's qualifications and,as a consequence, may ception of your organization's name and address to the information; Individuals and agencies for refuse to issue a permit. If your organization which will remain public. Private data about which law or legal order authorizes a new use or supplies the information requested, the Board your organization are available to Board sharing of information after this notice was given; and anyone with your written consent. An equal opportunity employer Regular Meeting of the Golden Valley Planning Commission October 8, 2018 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, October 8, 2018. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Brookins, Johnson, Pockl, and Segelbaum. Also present were Planning Manager Jason Zimmerman and City Attorney Maria Cisneros. Commissioner Angell was absent. 1. Approval of Minutes September 24, 2018, Regular Planning Commission Meeting Johnson referred to the first paragraph on page three and suggested the wording regarding new development be changed to state that Golden Valley is “fully developed” rather than stating that Golden Valley is no longer a city with “new development.” MOVED by Johnson, seconded by Blum and motion carried unanimously to approve the September 24, 2018, minutes with the above noted change. 2. Informal Public Hearing – Minor Subdivision – 1711 Xerxes Ave N – Jean and Dennys Annex – SU01-02 Applicant: Jack Benson Address: 1711 Xerxes Avenue North Purpose: To reconfigure the existing four single family residential lots into two new single family residential lots. Zimmerman referred to a location map of the property and explained the applicant’s proposal to consolidate four existing lots of record and divide that into two new lots. He stated that the existing single-family home would remain and one new lot would be created with access via York Avenue North. Zimmerman referred to the Land Use Map and the Zoning Map and stated that the property is zoned and guided for low density, single family (R-1) residential. Zimmerman referred to an aerial photo of the property and noted that it, along with many of the properties in this area, were originally platted as 50-foot wide lots. He referred to the photo of the property and showed how the applicant is proposing to create two new lots with approximately one third of the property creating the new west lot and approximately two thirds of the property creating the new east lot. Zimmerman stated that the minimum lot requirements in the R-1 Zoning District are 10,000 square feet in area, 80 feet of width at the front setback line, and 80 feet of width 70 feet into the lot. He explained that Lot 1 to the east will be 16,559 square feet in size with a Minutes of the Golden Valley Planning Commission October 8, 2018 Page 2 width of 99.77 feet and that Lot 2 to the west will be 10,395 square feet in size with a width of 100 feet. So overall, all of the dimensional requirements required by City Code have been met under this proposal. He added that at this point the proposal is to sell the proposed new western lot to a neighboring property owner who has no intention of building a new house. However in order to subdivide property an applicant must show that new lots are buildable and that utilities could be connected if at some point in the future the property is built on. Zimmerman stated that an Inflow and Infiltration inspection for the existing home has been scheduled and that any necessary repairs will be made with escrowed money, a tree survey has been completed, and a park dedication fee of $1,980 is due prior to release of the Final Plat. Zimmerman stated that because all of the City Code requirements have been met staff is recommending approval of this proposed subdivision. Segelbaum referred to the tree survey and asked why that was included with this proposal since the new lot is not proposed to be developed at this time. Zimmerman stated that providing a tree survey was added to the subdivision requirements a couple of years ago in order to capture a snap shot in time of any significant trees located on a property. He said it also allows staff to know what trees are on the property before any development occurs. Blum asked if this proposal is not considered to be a “flag lot” because there is access on both sides of the property and not just one access for two lots. Zimmerman said that is correct. Baker asked if there was a time when 50-foot wide lots were considered to be buildable. Zimmerman said yes. He added that they are still considered buildable lots and that there are a number of them in the City, but that new lots can’t be created that narrow any more. Baker noted that the property is a fairly steep lot and that the City Engineer has determined that it is not too steep to build on. Zimmerman agreed. Baker questioned why the City Engineer’s memo said this property is adjacent to Theodore Wirth Park. Zimmerman said this property is approximately 200-300 feet away from the park but there is no development between this property and the park. Johnson asked about stormwater issues that might affect neighboring properties as a result of developing this property. Zimmerman stated that stormwater issues would be reviewed as part of a building permit and grading plan submittal to make sure they aren’t impacting neighboring properties. Johnson stated that those same procedures have been followed in the past and that the Planning Commission has heard from neighbors who have ended up having flooding in their basements after development occurs. He questioned if anything additional could be done or if any type of monitoring could occur. Johnson referred to the City Engineer’s staff report where it refers to managing buckthorn in accordance with state and local laws and asked if a more direct statement could be made instead of just recommending that people obey the laws and rules. Zimmerman Minutes of the Golden Valley Planning Commission October 8, 2018 Page 3 agreed that the City encourages people to follow the rules but that there are some issues that might have a higher priority than others. Johnson referred to the City Engineer’s staff report where it states that the property is not compliant with the City’s I/I ordinance and asked how the City knows the property is not compliant if an I/I inspection hasn’t yet occurred and the results are pending review. Zimmerman explained that means that there is no certificate of compliance on record and when the inspection is done and any repairs are made a certificate will be issued. Pockl asked why the lot is being split into two thirds and one third instead of in half. Zimmerman said it is his understanding that the proposed new property line is being drawn where the existing lawn area meets the wooded area. Jack Benson, Applicant, stated that his neighbor at 1717 Xerxes will be purchasing the proposed new west lot. He stated that he is proposing the new lot line where he is because that is where the grass turns into woods. He said there isn’t a month that goes by that he doesn’t get an offer from someone to buy his house. He said he thinks people are interested in flipping the property which would lead to cutting down a very large oak tree that is basically in the middle of the proposed new lot so he is interested in keeping the area as it currently is. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Baker said he thinks this is a reasonable application. Segelbaum agreed and said he doesn’t see a basis on which to deny the proposal. Johnson agreed. MOVED by Brookins, seconded by Pockl and motion carried unanimously to approve the proposed minor subdivision of 1711 Xerxes Avenue North subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $1,980 shall be paid before release of the Final Plat. 3. Revocation Discussion – Conditional Use Permit – 800 Boone Avenue North – CU-119 Applicant: City of Golden Valley Address: 800 Boone Avenue North Purpose: To discuss the revocation of Conditional Use Permit #119 Minutes of the Golden Valley Planning Commission October 8, 2018 Page 4 Zimmerman stated that the City Council voted to revoke Conditional Use Permit #119 however they voted to stay the revocation and send it to the Planning Commission to explore finding a way to accommodate the principal use at that location. Zimmerman explained that this Conditional Use Permit (CUP) allows an Adult Day Care use at 800 Boone Avenue North. The CUP was approved is 2007 with a condition that allowed for “occasional evening social functions” to take place on the property. In 2009, the property owner asked the City Council to amend the Zoning Code to allow banquet/catering halls as a permitted use in the Light Industrial Zoning District. The City Council did not support this proposed amendment. Zimmerman noted that in 2011 the CUP was amended to increase the number of clients served at the facility. Zimmerman stated that the Police Department alerted staff to complaints about activity occurring at the property including: loud parties taking place in the late night and early morning hours, activity and noise spilling out into the parking lot, alcohol being consumed without a liquor license, and events open to the general public being advertised on Facebook. Zimmerman stated that staff reached out to the property owner to understand the scope of the events that were taking place and the property owner provided a calendar to staff that showed 29 events scheduled between June and December of 2018. These activities included conventions and parties beyond the “cultural and social” events for those in the adult day care program and had a large number of attendees. After reviewing the calendar, staff fees that the spirit of the original condition as well at other parts of the City Code were being violated. Zimmerman explained that staff proposed a set of mutual clarifying statements to the property owner regarding allowing occasional evening events and social functions because the original condition was not worded very carefully. However, the owner declined to agree to the proposed revised conditions so staff brought the issue to the City Council to explore revocation of the CUP. At the Council meeting a number of findings were determined including: the number of social events exceeded what would reasonably be considered “occasional;” the timing and length of the events exceeded what would reasonably be considered to be “evening” hours; alcohol was being consumed without a liquor license or permit in violation of Minnesota statutes; and the use of the facility as a banquet/catering hall is in violation of the City’s Zoning Code for the Light Industrial Zoning District. Zimmerman stated that the Council took two actions. They revoked the CUP which included all of the adult day care operations, but they stayed the revocation until November 7, 2018, because they think the adult day care is worthy use. They also decided to refer the matter to the Planning Commission to review and advise them prior to that date. Zimmerman noted that the Planning Commission’s charge is to review the history of the CUP and the recent issues leading to the revocation, review the findings made by the Council to support the revocation, and to discuss if amending the current CUP conditions might offer a solution to the problem short of revocation. He explained that there are three possible actions the Planning Commission could take. The first action would be to support Minutes of the Golden Valley Planning Commission October 8, 2018 Page 5 the revocation and send a recommendation back to the City Council with findings. The second action would be to explore amendments to the current CUP conditions and call for a public hearing on October 22 to gather public input and debate potential language changes. The third action would be to recommend no change to the CUP and allow the activity to continue as is. Segelbaum noted that the CUP was issued to Heartland Adult Day Care, a subsidiary of DRAM Properties, Inc and asked if they should be considered as one entity. Zimmerman said his understanding is there are two businesses operating at this location. One is a home healthcare business and the other is the adult care use. He clarified that they are linked but the CUP is specific to the adult day care use. Segelbaum asked if a CUP applies to the owner or the property, or if it applies to the space or to a tenant. Zimmerman stated that a CUP goes with the land and would stay in place if the property is sold or transferred. Segelbaum asked if a different portion of the space is hosting these events, or if the adult day care space is. Zimmerman said it is all the same space. Baker referred to the July 12 letter from DRAM Properties where it states that the property has been used since 2001 as operational headquarters for several organizations. He asked if the City specifies in the CUP all of the functions occurring in the space. Zimmerman stated that only the adult day care use requires a CUP. All of the other uses occurring are permitted uses in the Light Industrial Zoning District. Johnson said he noticed in the agenda materials that it states that events could only be organized on behalf of the employees or clients, but he does not see that in the CUP. Zimmerman agreed that is what is causing some of the confusion because that was discussed at the Planning Commission meetings, but the permit isn’t as clear. Baker agreed and reiterated that condition four in the CUP lists the hours of operation and states that there is an exception for “occasional evening social functions.” Brookins asked about the uses at the rear of the building, adjacent to the creek and if there are any concerns. Zimmerman said that the applicant has stated that there is a community garden in that area but that he would have to talk to the Engineering staff about if it was done according to all of the regulations and rules. Blum asked if information about the police calls for service has been made part of the public process. Zimmerman referred to the police summary report in the agenda packet which highlights calls made between January and August. He said he could get some more detailed information for the Planning Commission to review. Baker asked if the citations issued were issued to the applicant or to attendees at the parties. Zimmerman said he believes the citations were issued to the attendees. Baker asked why there has been no enforcement related to the use of alcohol without a permit and the disturbance issues. Zimmerman stated that part of what brought these issues forward was that the applicant was told they could have evening events so the police weren’t sure what the applicant was really allowed to do or not, and what the CUP’s limits are, so they brought it to Planning’s attention to get some clarification. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 6 Segelbaum referred to the possible actions discussed earlier and asked if the second option regarding exploring amendments to the current CUP would allow the Planning Commission to come up with amendments, or to recommend that the Planning Commission has a public hearing to come up with potential amendments at that time. Zimmerman explained that the City Council’s request to the Planning Commission is to explore if there is a way to solve these issues short of revocation. He said the only way to modify the existing CUP conditions is to do a formal CUP amendment process which includes a public hearing. He clarified that staff is looking for feedback from the Planning Commission on what route they want to take and then go forward from there. Segelbaum asked if it would help if the Planning Commission offered amendment language or input now in order to avoid revocation. Baker noted that the applicant was offered amendments/clarifications from staff and he turned them down. Zimmerman said staff would welcome Planning Commission and public input. Pockl asked Zimmerman if he knows of any complaints that have come forward during normal hours of operation when it is being operated as an adult day care. Zimmerman said he hasn’t heard complaints about the adult day care but he has heard concerns about the number of buses parking on the street and accessing the site. Baker noted that this is not a residential neighborhood and asked who has issued complaints and what the nature of the complaints has been. Zimmerman said there are some residential properties to the east and to north and that most of the complaints have been about noise, loud music, and activity in the parking lot. Blum asked approximately how far away the residential areas are located. Zimmerman said the ones to the east are approximately 100 feet away and the ones to north are much further away than that. Baker asked if there was any mention by the applicant of the party that was to occur the night after the City Council meeting regarding revocation. Zimmerman said no, the applicant did not mention the event that was to occur the next night. Baker asked for clarification about the juxtaposition between the revocation and the stay and how that transpired. Zimmerman stated there is language in the City Code regarding revoking CUPs. He said there is no way for the City to unilaterally change the conditions in a CUP so taking the step of revocation and then sending it back to the Planning Commission for the CUP amendment process is a way to allow the adult day care use to continue while addressing the other issues. Baker referred to the staff report where it states that the simplest and most straightforward solution would be to completely restrict evening social events at this location. He asked Zimmerman to discuss the pros and cons of that approach. Zimmerman reiterated that the CUP really needs to focus on the adult day care use. He stated that any business is allowed to have employee events and other activities take place after hours and if there were problems the police would deal with them on a complaint basis. In this situation because the evening events are lumped in with the adult day care use there is some hesitation to get too involved until the CUP issues are straightened out. He stated that a lot of the events seem to be banquet hall types of events which are not allowed so if it is made clear that only the adult day care use is allowed and that no banquet hall types of events are allowed it would be easier to enforce. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 7 David Olshansky, Owner of DRAM Properties, gave some history of the businesses at this site. He stated that the home health care business just uses the office space and is not part of the adult day care business. He stated that the adult day care services started in 2003 and that they currently serve approximately 200 clients daily. He said they provide food, snacks, transportation and medical services to their clients. He said they also meet the cultural needs of their clients which would be very difficult to find elsewhere. He said he probably extended too much by allowing the employees of Home Health Care to use the space because he is trying to accommodate every need that people have including social events. He said they don’t provide food or liquor at these events, they just provide the space. He stated that the facility has probably been misused and that it doesn’t compliment their services and good reputation. He said he is willing to work with the City to find a solution to how they can operate and provide services at this location. Segelbaum referred to the event space rental agreements in the agenda packet and asked Mr. Olshansky if he charges people for the use of the space. Olshansky said yes, they charge a minimal fee of between $700 and $1,200 to cover their costs and that some people were not charged at all depending on the event. Baker asked Mr. Olshanky about the other businesses he operates. Olshansky said they operate Physical Therapy of Golden Valley which does physical therapy, occupational speech therapy, and other services. He said they also operate Talent Solutions which is an employment agency for Home Health Care. He said they don’t do catering services or sell food. Johnson asked Mr. Olshansky how he would interpret the condition in the Conditional Use Permit that states the hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. Olshanky said the adult day care services hours are 7 am to 5:30 pm and occupies approximately 15,000 square feet, but they have other businesses as well occupying the rest of the space so he thought the Conditional Use Permit only applied to the adult day care business not to the other businesses. He stated that “occasional” to him means not every day. He said the events are for their participants for example concerts and expositions which he thinks is a good use for people. He said there are not events every day or every weekend and that he agrees the events should be regulated and have probably been excessive. He clarified that the event held the day after the City Council meeting was an employee appreciation event and he had a food truck permit issued from the City for the event. Baker referred to the letter from staff dated July 30, 2018, which offered four clarifications to the existing CUP and asked Mr. Olshansky why he chose not to sign that letter or accept the clarifications offered. Olshansky said it was a mistake and he probably didn’t understand the letter correctly. Baker asked Mr. Olshansky if he would now find the clarifications in the letter acceptable. Olshansky said he would now sign the letter. He reiterated that he would like to work with City and get clarification on the things he is allowed to do. Baker stated that clearly Mr. Olshansky provides a service and he is reluctant to see this service go away. He asked Mr. Olshansky if it would be acceptable to him if the City Council Minutes of the Golden Valley Planning Commission October 8, 2018 Page 8 says there can be no after-hours events at all. Olshansky questioned if that would apply to the adult day care business or to all of the businesses because that is his confusion. Baker stated that staff felt confident in the clarifications written in the July 30 letter to Mr. Olshansky and that Mr. Olshansky has made some mistakes that he has owned up to so he doesn’t see any obvious reasons not to offer the same clarifications if there is an opportunity to do so. Johnson said he didn’t get a clear answer from Mr. Olshansky regarding his interpretation of “occasional evening social functions.” He said he doesn’t think it is the Planning Commission’s role to be negotiating something that is really a question of how the City should interpret those words. He said he is not sure why this issue has to be solved so quickly and he’s concerned about it exposing the City to more risk. He said he supports the revocation of the CUP. Baker stated that the Planning Commission is being asked to consider the three actions Zimmerman discussed earlier. Johnson said he doesn’t agree that they should be negotiating or trying to discuss what an amendment should be when there are other mechanisms in the City including Codes, attorneys, etc. that can interpret what “occasional evening social functions” means. He reiterated that he supports the revocation because occasional evening social functions don’t extend until three in the morning. Cisneros clarified that the City Council and herself as City Attorney have interpreted that condition and agree with Johnson that what was happening at the property was in violation of the CUP so it was revoked. If the Planning Commission and the City Council take no further action the CUP will be revoked and the adult day care will have to close on November 7, so that is why there has been some urgency. Blum said part of what the Planning Commission has been asked to do is discuss the City Council findings. He highlighted some of the things that stood out to him including the fact that there has been clear violation of City ordinances and CUP conditions, there have been noise complaints from hundreds of feet away, there have been parties that were potentially hosted by employees and profit being garnered by the property owner, and there were several admissions by Mr. Olshansky of misuse of the property which is both positive and negative. He suggested getting more details regarding the police reports to help with the revocation discussion. He added that there are enforcement options in this case as well and that citations could still occur. He stated that what they want isn’t necessarily punishment, but compliance so he supports the finding and conclusion of the revocation but they could consider staying the revocation further to try to come to an agreement with the property owner. Zimmerman stated that this doesn’t have to be a negotiation, as a body the Planning Commission is asked to come up with conditions that are relevant for containing any impacts of the use and to protect surrounding properties from negative impacts. Pockl asked if option two is picked by the Planning Commission which would be to explore amendments to the current CUP conditions if they could ultimately recommend revocation of the CUP. Zimmerman said yes, the Planning Commission could ultimately recommend revocation. Segelbaum said he feels that the Planning Commission has been charged with the task of trying to figure out what is appropriate in this case. He said there isn’t much room for Minutes of the Golden Valley Planning Commission October 8, 2018 Page 9 misunderstanding. In 2009 Mr. OIshansky specifically asked to have a banquet business and was denied. He was allowed to have occasional evening functions, and now those activities have been going on until late in the evening. He said his sense is that if the City Council is asking the Planning Commission what is appropriate, he feels the adult day care use is an asset to the City. He said he doesn’t understand how they are going come up with language that permits certain types of parties and not others, or parties at certain times of the day and not others so he would feel most comfortable not allowing any evening events at all. Johnson questioned if the Planning Commission were to proceed with the second option of exploring amendments to the current CUP conditions how different they would be from the options given to the property owner in Zimmerman’s letter dated July 30. He asked why the City couldn’t just send the property owner another letter since he has indicated that he would now sign it. Cisneros explained that the City Council has now revoked the CUP and so the only way for the CUP to continue is for the Planning Commission to make a recommendation to the City Council and to follow the CUP ordinance. Baker said he is inclined to go with the second options because it still allows for revocation if needed. Pockl agreed and said she thinks an adult care is a beneficial service in Golden Valley. Blum asked Cisneros if the Planning Commission can extend the revocation period in order to monitor if the property owner is complying with City ordinances and the CUP conditions. Cisneros said the City Council does have the authority to extend the stay but she didn’t know about placing a probationary period on the CUP itself without doing further research. Brookins said he would be in support of the second option and possibly adding further for restrictive conditions as needed to provide clarification. Blum said he supports revocation of the CUP. He said the findings and actions were appropriate. He said he also thinks option two would be reasonable as well if only to preserve the adult day care use which is a positive service for the community. Johnson asked what happens if the CUP is revoked on November 7. Zimmerman stated that the adult day care would have to cease operations and re-apply for a new CUP. Blum asked if there is a period of time that the property owner has to wait to reapply for a CUP or if there is a penalty to reapply. Cisneros said people are prevented from reapplying when an application is denied, but not revoked so the applicant could reapply right away. Johnson stated that the City Council deals with these kinds of issues day in and day out and are much closer with the business community than the Planning Commission. He said the Planning Commission is being asked to revisit a rule that wasn’t followed. The property owner was sent a letter telling him to stop having events and he didn’t stop and now they are considering spending time rewriting the language to what end so he supports the first action which is revoking the CUP. Segelbaum agreed, but doesn’t want to discontinue the day care service for 200 people in the community. Baker agreed. Johnson said the City shouldn’t be held hostage to that and that this issue is out of the scope of the Planning Minutes of the Golden Valley Planning Commission October 8, 2018 Page 10 Commission. Brookins said he is in support of the second option to explore amendments because they will have to opportunity to add conditions to the CUP. MOVED by Segelbaum, seconded by Brookins and motion carried 5 to 1 that the Planning Commission review at its October 22 meeting an amendment to the current CUP conditions for CU-116 at 800 Boone Avenue North. Commissioner Johnson voted no. Blum asked if at the October 22 meeting the revocation could be finalized. Cisneros stated that nothing further is needed to finalize the revocation, it is already final. Johnson stated that this business incurred this revocation so maybe the business owner and not the City could do something to take care of his 200 clients in the interim. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Johnson noted that he attended a portion of the recent APA MN Planning Conference and specifically learned a lot at a session on public art. 5. Other Business • Planning Commissioner Training – CUPs Zimmerman introduced the topic of CUPs and the fact that they govern uses that are permitted but may have unusual impacts and so conditions may be attached to the approval. Evaluation must be related to the impact of the use and if the applicant can show all of the criteria in the City Code have been met then the CUP must be approved. He gave some examples of both residential and commercial CUPs and then discussed the difference between quasi-judicial and legislative decisions by the City. Blum asked about the role of the Commission in making legislative decisions. Cisneros replied that the Commission can influence the decision but ultimately the City Council decides. Cisneros presented five rules for CUPs, including: the City’s role is to evaluate the impact of the use using the criteria set forth in the conditional use ordinance, conditions imposed on a conditional use permit must bear a substantial relationship to the criteria in the ordinance and the City may not impose impossible or unreasonable conditions, the City must consider mitigating conditions that may satisfy the standards of the ordinance, the factual record must be carefully documented and focused on how the facts relate to the criteria in the conditional use ordinance, and the City can enforce the terms and conditions of conditional use permits. The Commission discussed various legal cases related to CUPs and findings of fact. • Council Liaison Report Minutes of the Golden Valley Planning Commission October 8, 2018 Page 11 Council Member Schmidgall reported that the residential facility at 2429 Douglas Drive received approval from the City Council at the last meeting. He also updated the Commission on the progress with recodifying the City Code, the adoption of a new master fee schedule, a Council/Manager meeting discussion regarding architectural and material standards, and the presentation from the Urban Land Institute on Phase I of the Downtown Study. 6. Adjournment The meeting was adjourned at 9:50 pm. ____________________________ __________________________ Ron Blum, Secretary Lisa Wittman, Administrative Assistant MEETING MINUTES Human Rights Commission August 28, 2018 Commissioners present: Maurice Harris, Chair Kyle Pettersen-Scott, Vice Chair Jonathan Burris Chris Mitchell Gloria Peck Carrie Yeager Eve Clarkson Commissioners absent: Teresa Martin Staff present: Kirsten Santelices, Human Resources Director Call to Order The meeting was called to order at 6:34 pm by Chair Harris. Approval of Agenda Motion by Commissioner Burris to approve agenda as submitted. Seconded by Commissioner Yeager. Motion carried 7-0. * 7:15 pm motion by Commissioner Burris, seconded by Commissioner Peck to add “CEDAW discussion” as item (A) under New Business. Carried 7-0. ** 7:54 pm motion by Vice Chair Pettersen-Scott, seconded by Commissioner Peck to add “Bill Hobbs Award update” as item (F) under Old Business. Carried 7-0. Approval of Meeting Minutes Motion by Commissioner Burris, seconded by Vice Chair Pettersen-Scott to approve the July 24, 2018 meeting minutes as submitted. Old Business Week of Service Update Discussion about how to collect items for the PRISM donation drive. Staff shared that the Police may be able to help with the drop off of the items after the collection is over. Staff will update the Commission when the drive is over to discuss drop-off. Commissioner Burris asked if the Commission is still planning to have an event in particular on September 11th, to which staff and Commissioner Peck shared that PRISM is available for a group to come in sometime on the 11th, and the Commission just needs to agree to what time works best for them. Commissioner Burris recommended 10am-12pm and Commissioners Peck, Mitchell, Burris, and Harris all agreed to meet at PRISM at 10 am. MEETING MINUTES – Human Rights Commission August 28, 2018 2 The Commission also discussed who will be at the Arts and Music Festival to collect items. Commissioner Yeager and Vice Chair Pettersen-Scott will be present for some of the event. Chair Harris will reach out to the Community Foundation for details on where the HRC may be able to drop off a bin for collections. Staff will ask the Communications team to create a sign to put on the side of the bin. Vice Chair Pettersen-Scott shared with the Commission that she purchased some bins that the Commission could use for the PRISM drive. Voter Rights Education Update Chair Harris updated the Commission with communications with the League of Women Voters (LWV) and the New Hope Human Rights Commission, and their enthusiasm for promoting the Voter Rights “Restore the Vote” speaker event. Staff shared that while Brookview was unavailable, the Council Chambers is available, and therefore booked for the event. Chair Harris shared that the speaker has a handout at the event, but the Commission would love to have a promotional flier. Staff will work with communications to create a flier. The Communications team also created a website announcement, and shared on social media. Staff further shared that CCX may be there to record as well. Green Card Voices Exhibit Update Commissioner Burris provided the HRC with an update that he and Commissioner Martin toured Brookview and determined it was a great space for the exhibit. Commissioner Martin had also emailed the Green Card Youth Voices Exhibit to establish dates of December 3 to December 28. Staff confirmed, and shared that just waiting to hear back from the exhibit on confirmation of those details. Staff reminded the Commission that the cost of the exhibit is $1,000. The Commission asked for an update on the total budget, and staff will follow up with the total budget and what the Commission has spent to- date. Commissioner Yeager motioned to authorize up to $1,000 for the exhibit. Seconded by Commissioner Clarkson. Motion carried 7-0. Staff asked if any Commission member would like to volunteer to work with the library to host books in December related to the exhibit. Commissioner Peck volunteered. Why Treaties Matter Exhibit Update Commissioner Mitchell provided an update that he had contacted Robbinsdale’s liaison about their interest. The liaison stated that they would share with the Commission at the next meeting (September 27) and report back to Commissioner Mitchell on their interest. Commissioner Mitchell will also reach back out to them if they do not report back. Commissioner Mitchell also reached out to the Crystal Community Center about their facility and other connections or interest in supporting the exhibit in 2019. Chair Harris will reach out to New Hope as well. Vice Chair Pettersen-Scott shared support of these types of events and exhibits, because they seem to reach more people than some of the 1 time events, and are a good use of the HRC funds. Commission discussed keeping the library in mind for any of the events, including this exhibit, and keep Brookview in mind, in case the space is secure enough. Second Annual MLK Literary Contest Discussion The Commission had a long discussion about the contest parameters for 2018. Commission went back and forth on some of the language listed on the flier from 2017, including eligibility of students, which schools should be included, and what the potential themes are for 2018. MEETING MINUTES – Human Rights Commission August 28, 2018 3 Commissioner Mitchell shared some tips he learned from school contacts on advertising to students. He shared the following information: • When to promote: Share at least once before or after MEA week (mid-October), send a reminder before the Thanksgiving holiday, and a final reminder 2-weeks before the deadline How to promote: give the schools templates for sharing with students, including: newsletter/bulletin templates, social media templates, email templates, and fliers/posters Staff will work with the Communications team to come up with templates that can be shared and used by the schools. The homework of the Commissions is to think of potential themes for this year. Vice Chair Pettersen-Scott is going to work on the flier with staff (and Communications). Commissioner Mitchell is going to create a comprehensive list of schools and contacts. New Business CEDAW Discussion Commissioner Clarkson shared with the Commission that she was given information about CEDAW and thought it would be something the Commission would be interested in. The Commissioners requested more information, to which Commissioner Clarkson shared she would find out more and report back to the Commission. Staff will send the website link to the Commission to review as well. Commissioner Burris shared support for turning this in to a larger open meeting should the commission find this to be a good topic to pursue. Adjourn Motion by Commissioner Yeager, seconded by Commissioner Clarkson to adjourn the meeting at 8:18 pm. Motion carried 7-0. ________________________________ Maurice Harris, Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Respectfully submitted, Kirsten Santelices, Staff Liaison/Human Resources Director MEETING MINUTES Human Rights Commission September 25, 2018 Commissioners present: Maurice Harris, Chair Kyle Scott, Vice Chair Chris Mitchell Carrie Yeager Eve Clarkson Lauren Barry Jonathan Burris – arrived 6:40 pm Teresa Martin – arrived 6:40 pm Commissioners absent: Gloria Peck Staff present: Kirsten Santelices, Human Resources Director Call to Order The meeting was called to order at 6:34 pm by Chair Harris. Approval of Agenda Vice Chair Scott requested addition to New Business: Attendance Letter Conversation. Commissioner Mitchell requested addition to Old Business: Why Treaties Matter Exhibit Update. Motion by Vice Chair Scott to approve agenda as amended. Seconded by Commissioner Yeager. Motion carried 6-0. Approval of Meeting Minutes Motion by Commissioner Yeager, seconded by Commissioner Mitchell to approve the August 28, 2018 meeting minutes as submitted. Carried 8-0. Old Business Week of Service Recap The Commission discussed the success of the PRISM drive, including the overflowing bins, and large bags of items that were donated, and then discussed drop-off options. Staff shared an option for the Police department to help with dropping off the items at PRISM. Commission agreed that would work well, and agreed to help unload items from Vice Chair Scott’s vehicle and take a photo with all of the items to share online. Commissioner Burris shared an update from the September 11 volunteer event at PRISM, which he, Commissioner Mitchell, and Commissioner Peck attended. The Commissioners were impressed by the facilities and programs/services PRISM offers, and agreed they could be a good partner in the future. Staff will update the Commission when the items at PRISM have been donated. MEETING MINUTES – Human Rights Commission September 25, 2018 2 Voter Rights Education Recap Chair Harris and several other Commissioners shared that the event was successful and informational, especially with the quick turn-around. The Commissioners and staff agreed on an estimated 20 individuals in attendance, including a member of the New Hope HRC and the League of Women Voters. Chair Harris shared that he received great feedback on the event. Commissioner Martin asked if the event had been recorded, and staff responded that it had, by CCX, and would be posted on the website as soon as possible. Commissioners agreed that being able to post these events online is very beneficial because it makes these events available to a larger audience. Commissioner Martin asked if the City could consider options like a podcast, or live-streaming of the events in the future. Commissioner Yeager added that the ACLU and League of Women Voters have a lot of topics that would be great to host in the future as well. Second Annual MLK Literary Contest Update Vice Chair Scott shared that she had made some updates to the flyer from last year, and proposed the theme of “Taking a Stand,” and included a Martin Luther King Jr. quote. Commissioner Martin asked if it was possible for the submissions to be made through a Youtube video, especially for those who choose to sing a song, or want to read a poem. Commissioner Barry agreed that Youtube is a popular tool for communication, and may allow people to be more creative. Vice Chair Scott agreed that Youtube submissions could be accepted, but must be accompanied by a transcription, unless someone on the Commission volunteers to transcribe all the video/audio entries. The Commission discussed theme options, and whether or not it would be appropriate or helpful to give multiple prompt options. The Commissioners agreed that there shouldn’t be too many options, as it would be difficult to judge, and that the prompts shouldn’t be too formal, so students don’t feel like they are writing a research paper. The Commission agreed to two prompts, in the form of questions that the students can choose from, that tie back to the theme proposed by Vice Chair Scott. The Commission continued to discuss the other details of the contest, including who it was open to, the word count, the submission details, the promotion details, and the contest deadline. Staff will update the flyer with the information agreed upon by the Commission, and work with the communications department to brand, and send promotional items. Staff will use the contact list generated by Commissioner Mitchell to share the contest details with schools. The City will also help promote the contest through social media, City website, City Newsletter, and CCX. The Commissioners will split up responsibilities of delivering posters to schools. Commissioner Martin made a motion to approve up to $200 in cash prizes. Seconded by Vice Chair Scott. Motion carried 8-0. Commission will review additional costs for approval when the price for 2019 Martin Luther King Celebration breakfast tickets go on sale. Bill Hobbs Award Update Staff shared unaware of any submissions to date. Vice Chair Scott shared that a submission had been made, so staff will look into the matter to ensure submissions are being received appropriately. Motion MEETING MINUTES – Human Rights Commission September 25, 2018 3 by Commissioner Martin to extend the deadline for 2018 to October 31, 2018. Seconded by Commissioner Burris. Motion carried 8-0. Staff will work with communications to update the website with the extended deadline. CEDAW Discussion Commissioner Clarkson reviewed with the Commission that a representative from CEDAW may be interested in speaking to the HRC, and potentially at an HRC sponsored event on the topic of discrimination against women. Commissioner Clarkson will discuss with the representative to ensure the speaker would be comfortable with a completely educational forum, and will report back in October. The Commission agreed that if the speaker is interested, this would be a good event to host in March, and if not, will think of other types of events and opportunities to host during Women’s History month. Communications Update Staff shared conversation with the communications team about updating the website per the Commission’s request. Vice Chair Scott shared the list of resources that were scouted as potential resources to link on the HRC website. Staff will send the list to all Commissioners to review and recommend additions or changes at the next meeting. Staff also shared that the communications team is working on stories and a press release for the Green Card Youth Voices exhibit at Brookview beginning December 3 through December 28, 2018. Commissioner Martin shared that some local immigrant business owners had a podcast featured in the Sun Post, and may be something that could be linked to the HRC website in the month of December. Staff will find out if there is a way to link a podcast and report back to the Commission. Why Treaties Matter Exhibit Update Commissioner Mitchell shared that the City of Crystal may be interested in supporting the exhibit, but would like to stay in touch with staff members. Commissioner Martin reminded the Commission that the Office of MN Indian Affairs may be interested in loaning the exhibit to the Commission at no charge. The Commission discussed whether that option, or pursuing the full exhibit would be the best route. Commissioner shared that if the full exhibit is desired, the Commission should begin the application process sooner rather than later, as it is lengthy. The Commission agreed to postpone the discussion to the October meeting. New Business Attendance Letter Conversation Vice Chair Scott shared with the Commission that the City offered an opportunity to present feedback regarding the attendance policy letter that is sent to Commissioners after a two meeting absences. The Commissioners had concerns about the tone of the letter, and Vice Chair Scott shared with the Commission a draft of a new letter to send to the City Manager for consideration. The Commission agreed with the tone of the drafted letter, and Vice Chair Scott motioned that this draft be sent to the City. Seconded by Commissioner Martin. Carried 8-0. MEETING MINUTES – Human Rights Commission September 25, 2018 4 Adjourn Motion by Commissioner Yeager, seconded by Commissioner Martin to adjourn the meeting at 8:26 pm. Motion carried 8-0. ________________________________ Maurice Harris, Chair ATTEST: _________________________________ Kirsten Santelices, Staff Liaison Respectfully submitted, Kirsten Santelices, Staff Liaison/Human Resources Director Golden Valley Human Services Commission (GVHSC) Meeting Minutes August 13, 2018 Brookview, Rice Lake Conference Room Present: Denise La Mere -Anderson, Aaron Black, Katie Hart, Jason Kapel, Stephanie Devitt, Hilmer Erickson, Toots Vodovoz. Also present: Brian Erickson, Staff Liaison, and Nicole Eller-Peploe Absent: Elissa Helilcher, Joanie Clausen, Jonas Courneya, Peder Hanson, Sophia Vento Call to Order: Aaron Black called the meeting to order at 6:45 pm. Agenda Changes or Additions: Rubric scoring and Date change for Run the Valley. Minutes Approved for July 16, 2018: Black moved and La Mere -Anderson second the motion to approve the minutes. Representative from Golden Valley Community Foundation: Black introduced Dean, Chair of the Golden Valley Community Foundation. Dean handed out information and explained what GVCF's mission of bringing groups & people together with similar passions and working to build a better Golden Valley community. He also explained their Small Sparks Fund - for events and people's ideas. Black asked Dean how you see GVHSC involved. Dean said in the Market in the Valley. La Mere -Anderson asked how GVHSC members can get involved. Dean explained the website, volunteer signup and open positions on the GVCF's Board of Directors. Budget Update: Black reviewed the most recent budget information with the commission. La Mere -Anderson reminded the commission that the Pull Tab Revenue numbers have a one month delay. Devitt asked how the YTD numbers compare to last year. Brian Erickson said they are pretty steady. La Mere - Anderson explained the Pull Tab Revenue is more than last year. Devitt asked if the money we raise this year is the money we spend next year and from a policy stand point, the gigantic surplus — how to spend that down? La Mere -Anderson, Black, Brian Erickson explained we will always carry a balance of 1 &'/ times. GVHSC will leave a surplus and not spend it down. Bylaw Change Update: Official Approval — Golden Valley Human Services Commission Golf & Lawn Bowling Classic, September 17th: a) Sponsors: Brian Erickson handed out a copy of the list of sponsors so far. City of Golden Valley Communications dept. will give a "shout out" when we get a sponsor. Brookview will mention the event in their email blast letter. b) Participant update: So far, it's up from last year. c) Lunch update: Buffet style — Prosciutto chicken, potatoes, green beans, lemonade, coffee & pies. After event cookies will be available in 316. Run The Valley: Brian Erickson that the date needs to be changed, currently it's the same date as the Human Society Walk. Commission unanimously agreed to a date change of April 13tH Next Meeting is Monday, September 17a': Same date as the Classic - Commission unanimously agreed to change the date to Thursday, September 13tH La Mere -Anderson requested it be a short focus meeting on the classic. Rubric & Scoring Packet: La Mere -Anderson handed out instructions and discussed Rubric information. La Mere -Anderson said the decision making may be a little different from last year, due to the ability to tap into reserves. Adjourned: Black motioned, La Mere -Anderson second. Meeting adjourned at 8:25pm. Respectfully submitted, fir Aaron Black, GVHSF Chair Nicole Eller-Peploe, Recording Secretary Brian Erickson, Staff Liaison Golden Valley Human Services Commission (GVHSC) Meeting Minutes September 13, 2018 Brookview, Rice Lake Conference Room Present: Denise La Mere -Anderson, Aaron Black, Katie Hart, Jason Kapel, Stephanie Devitt, Hilmer Erickson, Jonas Courneya, Peder Hanson and Sophia Vento. Also present: Brian Erickson, Staff Liaison, and Nicole Eller- Peploe, Recording Secretary Absent: Elissa Helilcher and Toot Vodovoz Call to Order: Aaron Black called the meeting to order at 6:45 pm. Agenda Changes or Additions: Black reviewed the email from Tim Cruikshank, City Manager. It was from Maria Cisneros, City Attorney, regarding the social media policy. She would also like to come and review it with the commission. La Mere -Anderson stated that it is a continuation of the meeting that was held with Tim Cruikshank. Minutes Approved for July 16,2019: La Mere -Anderson moved Hilmer seconded the motion. Budget Update: Black reviewed the most recent budget information. He stated that pull tab revenue is up and should surpass what's listed on budget and fundraising is on track. La Mere -Anderson stated that this should be the 2"d year we have operated at a balanced budget. Hanson asked if it's expected that the commission will spend the rest of the allocation. Black said yes. Kapel ask what supplies will be purchased after the classic? La Mere -Anderson said the solicitation letter. Brian said a few other things will be purchased. Golf & Lawn Bowling Classic, September 171: a) Sponsors: Black handed out a sponsor list. b) Participant update: More than last year. c) Any outstanding items: Items discussed; Gift bags, volunteers needed, and Mayor's speech after event. Applications for Funding Review: Black stated that everyone should have received their packets. La Mere - Anderson reminded everyone that electronic submission is preferred. Deadline is the 24th. Call/email Le Mere -Anderson with any questions. Next Meeting is Monday, October 8th Adjourned: Black motioned, Katy seconded. Meeting adjourned at 7:40pm. Respectfully submitted, Aaron Black, GVHSF Chair Brian Erickson, Staff Liaison NicoleEller-Peploe, Recording Secretary GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meeting Minutes July 23, 2018 1. Call to Order Mattison called the meeting to order at 6 pm. 2. Roll Call Commissioners: Roger Bergman, John Cornelius, Max Hyberger, Bob Mattison, Matthew Sanders, and Dawn Speltz. Absent: Cindy Carow-Schiebe, Kelly Kuebelbeck, and Kimberly Sanberg. Staff: Rick Birno, Director of Parks and Recreation, and Ben Disch, Golf Course Manager. 3. Agenda Changes or Additions None. 4. Approval of Minutes - June 25, 2018 MOTION: Moved by Bergman and seconded by Speltz to approve the June 25, 2018 meeting minutes. Motion carried unanimously. 5. Armstrong/Cooper Youth Hockey Association Speltz presented Armstrong/Cooper Youth Hockey Association update. Information included: • The program has approximately 400 participants annually and has grown over the past 8-10 years. • The organization has opportunities to make it possible for all kids regardless of age or ability to be involved. • The girls program is strong and growing with two U10 teams and two U12 teams. • Primary home indoor ice is the New Hope Ice Arena, in addition to very limited access at other arenas. • The program utilizes a number of outdoor skating rinks in Golden Valley. Both the hockey association and the City are thrilled with this relationship. • Numerous pull -tab operations help to defray the program costs to keep participation fees as reasonable as possible. Commission members thanked Speltz for her presentation and complimented the hockey association on providing an excellent opportunity for youth in the Robbinsdale #281 District area. G. Golf and Lawn Bowling Season Update - Ben Disch Disch provided Golf Course and Lawn Bowling updates, which included: 4 The driving range and Par 3 numbers are really good. • They are currently working on next year's budget. • The Lawn Bowling Grand Opening will take place on August 3 from 6-9 pm and is free to the public. 7. Commission and Staff Updates ■ Commissioner Updates - None. ■ Sochacki Park Expo - Saturday -Sunday, July 28-29 from 1-5 pm. Free and open to all. • Tennis/Pickleball Courts - None. No Meeting in August - Due to schedule conflicts, there will not be a meeting in August. • Fall Park Tour - Monday, September 24 at 5:15 pm. 8. Brookview Golf Course Tour - Ben Disch Disch then provided the Commission with a Golf Course tour. Discussion focused on current conditions, and future capital expenditures, such as: cart paths, irrigation, and Hole 14. The Commission spent time viewing and discussing the hill area on the corner of Hwy 55 and Winnetka, and potential development opportunities. Open Spate & Recreauon Commisslon Minutes Juiy 23, 2418 Page 2 9. i4djournrnent MOTION: Moved by Bergman and seconded by Hyberger to adjourn at 7:45 pm. Motion carried unanimousiy. ATTE Bob Mattison, Chair-- Shelia Van Sloun,Adm#nistrative Assistant GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Meed ng Minutes September 24, 2018 Cornelius called the meeting to order at 5;40 pm. 3. Roll Call Cgrnmissloners: Roger Bergman, Cindy Carow-Schiebe, John Cvmellus, Mac Hyberger, Kelly Kuebelbeck, Kimberly Sanberg, Matthew Sanders, Dawn Speltz, and Della Damp. Absent~ Bob Mattison Staff: Rick Birno, Director of Parks and Recreation. 3. /1_ge & Changes or Addition� Nene. 4. AppMval of Affinutes - July 2 018 MOTION: Moved by Bergman and seconded by Sanders to approve the July 23, 2018 meeting minutes. Motion carried unanimously. 5. Wekame NgW)L uth � =mIssiyn Mgmber Della Daml Commissioners weloomed new youth commission member Della Dams and all introduced' themselves with brief background Information. +&. Annual Park Tour Commission members boarded bus for annual park tour at 6:00 p.m. Tour is designed to review 7018 completed park improvement projects and stop at locations for future projects. 2018 tour Included- * North and South Wesley Park Medley Park e Wildwood Park o Isaacson Paris • Sochackl. Park s Schaper Park Brief discussion on future agenda items included the following: • Limebike Update » HSC Gaff and Lawn Bowling Fundraiser Update * Step To it Challenge Update 7. Adiuurnrnent. MOTION: Moved. by Bergman and seconded by Hyberger to adjourn at 8i1'0 pm. Motion carried unanimously. 4')"11 Sheila Van Sloun, Administrative Assistant Bob Mattison, Chair 1. CALL TO ORDER and ROLL CALL On Thursday, September 20, 2018 at 8:33 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair de Lambert called the meeting of the Bassett Creek Watershed Management Commission (BCWMC) to order. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Dave Anderson Vacant Position Absent Golden Valley Stacy Harwell Absent Jeff Oliver Medicine Lake Absent Gary Holter Absent Minneapolis Welch Vacant Position Absent Minnetonka Absent Monk Chris LaBounty New Hope Absent Pat Crough Megan Albert Plymouth Jim Prom John Byrnes Ben Scharenbroich Robbinsdale Michael Scanlan Absent Richard McCoy St. Louis Park Jim de Lambert Absent Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler and Greg Wilson, Barr Engineering Recorder Dawn Pape, Lawn Chair Gardener Creative Services Legal Counsel Troy Gilchrist, Kennedy & Graven Presenters/ Guests/Public Jake Newhall, WSB; Jim Toulouse, Blue Line LRT; Dave Filipiak, Blue Line LRT Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, September 20, 2018 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC September 20, 2018 Meeting Minutes Page 2 of 8 2. CITIZEN FORUM ON NON-AGENDA ITEMS None. 3. APPROVAL OF AGENDA Chair de Lambert welcomed new Commissioner Dave Anderson from Crystal and Minnetonka TAC member Chris LaBounty to the meeting. MOTION: Commissioner Prom moved to approve the agenda. Commissioner Welch seconded the motion. Upon a vote, the motion carried 9-0. 4. CONSENT AGENDA Commissioner Welch asked to pull Item G – Approval of Grant Agreement for BWSR’s Watershed Based Funding Grant Program from the consent agenda. That item was added to the business section as 5F. The following items were approved as part of the consent agenda: August 16, 2018 Commission meeting minutes, September 2018 financial report, payment of invoices, approval of Blue Line Light Rail Transit Floodplain Mitigation Project, approval to reimburse Commissioner Scanlan for conference registrations, approval to send Administrator Jester to Water Resources Conference. The general and construction account balances reported in the September 2018 Financial Report are as follows: Checking Account Balance $ 578,319.98 TOTAL GENERAL FUND BALANCE $ 578,319.98 TOTAL CASH & INVESTMENTS ON-HAND (9/12/18) $ 3,197,675.34 CIP Projects Levied – Budget Remaining ($4,038,913.10) Closed Projects Remaining Balance ($ 841,237.76) 2012-2016 Anticipated Tax Levy Revenue $ 4,537.93 2017 Anticipated Tax Levy Revenue $ 3,895.88 Anticipated Closed Project Balance ($832,803.95) MOTION: Commissioner Prom moved to approve the consent agenda as amended. Alternate Commissioner Crough seconded the motion. Upon a vote, the motion carried 9-0. 5. BUSINESS A. Review Draft Feasibility Study for Crane Lake Improvement Project via Ridgedale Drive (CL-3) Administrator Jester reminded the Commission that although this is a 2020 CIP project, the feasibility study is ahead of schedule in order for work to coincide with the Ridgedale Drive Reconstruction Project. Chris LaBounty with the City of Minnetonka gave a short overview of the Ridgedale Drive Reconstruction project. He reported the reconstruction project will result in a reduction of 1.5 acres of impervious surface and noted the city aims to use the opportunity to improve the water quality of Crane Lake. He noted the soils are poor in this area so infiltration is not an option and he noted there is an impending chloride impairment in Crane Lake. BCWMC September 20, 2018 Meeting Minutes Page 3 of 8 WSB Engineer, Jake Newhall, gave an overview of options that were investigated as part of the feasibility study. He reported the existing large regional ponds are doing a good job of pollutant removal and it would be difficult to retrofit those basins. Mr. Newhall noted the water quality improvement would be constructed as part of the city’s Ridgedale Drive Reconstruction project, scheduled for construction in 2019. The feasibility analysis identified eight water quality improvement options that were then narrowed down to three based on feasibility and impact, including: 1) installing stormwater runoff BMPs to provide treatment systems for runoff not currently receiving treatment prior to discharge to Crane Lake 2) periodically dosing stormwater ponds with alum 3) diverting high chloride snow-melt runoff to sanitary sewer Mr. Newhall reported that Option 1 would treat stormwater runoff from 13.4 acres that currently flows to Crane Lake without treatment. This option includes constructing a stormwater pond or underground treatment system in the southeast part of the study area, either in public right-of-way, the Ridgedale shopping center, or in a private parking lot at the Sheraton Minneapolis West hotel, adjacent to Crane Lake. The feasibility study indicates that treatment could be provided through sedimentation, skimming, or filtration. This alternative would require coordination with private property owners and an easement for the proposed stormwater utilities, especially if located in the private parking lot. Mr. Newhall reported that Option 2 would use alum in Ridgedale Pond to reduce internal phosphorus loading and reduce total phosphorus in the water column. He reported that Option 3 would pump snowmelt runoff from the Ridgedale Pond watershed to the Metropolitan Council Environmental Services (MCES) sanitary sewer, to reduce chlorides reaching Crane Lake. The snowmelt runoff may be captured in an underground storage tank or pumped directly from Ridgedale Pond. He noted this option will require permitting by the MCES to allow diverting snowmelt runoff with high chloride concentrations to the sanitary sewer. It was noted that this option does not reduce the private application of chlorides in the watershed. Rather, it would divert the chloride load away from Crane Lake, send the salty water to a wastewater treatment plant that would ultimately discharge into the Mississippi River. (Wastewater treatment plants do not remove chlorides.) Commissioner Scanlan pointed out that this would just be moving the problem downstream and that about 30 million people depend on the Mississippi River for drinking water. He noted that the whole cost of the system should be taken into consideration. Chair de Lambert also indicated that Option 3 did not seem appropriate and expected it would be difficult to get MCES to agree to stormwater diversion to the sanitary sewer. There was further discussion about the high chloride levels in Crane Lake measured at 450 mg/l in July and estimated to be closer to 1000 mg/l in the spring. Mr. LaBounty noted that the city has and will continue to work with Ridgedale Mall property managers regarding the overuse of salt. There was also discussion about the possible implementation of a reverse osmosis system (RO) to remove salt from the water. Mr. Newhall noted the RO system is 95-98% effective and that when this project began, he thought that the RO system would be the answer, but the waste is highly concentrated with chlorides that would be sent to the wastewater treatment plant, so it doesn’t solve the problem and it’s very expensive to operate. MOTION: Commissioner Scanlan moved to remove the option to divert high chloride snow-melt runoff to the sanitary sewer from the list of possible options to implement. Commissioner Prom seconded the motion. Further discussion: Engineer Chandler stated that she had a lot of comments that are included in the review memo and noted there are many issues and questions to work through as the study is refined. Commissioner Welch asked Administrator Jester why is this a CIP Project. She replied that it was added after a recommendation from the TAC and approval by the Commission because of the opportunity to install BMPs when Ridgedale Drive is being reconstructed. Engineer Chandler added that the Crane Lake watershed management plan called for best management practices in this part of the watershed. Mr. LaBounty added that this is an opportunity that is somewhat rare in a watershed that is so fully developed. BCWMC September 20, 2018 Meeting Minutes Page 4 of 8 Commissioner Monk noted there are close to 100 acres of impervious surfaces around Ridgedale and that this is a huge opportunity to develop an initiative that could be used as a demonstration project. He thought this seemed too good to not pursue. He went on to say he couldn’t think of a better opportunity/situation to look at strategies to come up with something bigger and more impactful. Commissioner Harwell said she likes the idea of pursuing public-private partnerships and agreed that chlorides are a huge issue. She disagreed with eliminating options at this point. Commissioner Welch agreed that nothing needed to be eliminated at this point. Commissioner Prom removed his support for the motion. Administrator Jester spoke about how watersheds throughout Hennepin County are using some of BWSR’s Watershed Based Funding to 1) determine barriers to implement best practices for lowering salt use among private applicators and 2) developing a program to overcome the barriers. Commissioner Prom added that this is the perfect site to study chlorides. VOTE ON MOTION: Upon a vote the motion failed with 1 aye and 8 nays. [Robbinsdale voted aye; all others voted nay.] Commissioner Monk pointed out that the good part of this situation is that the current stormwater management system is handling the total phosphorus pollution and since it is 100% developed there are few options. He reiterated his idea to concentrate on chloride and total suspended solids removal. He asked if all possible options were truly evaluated. Commissioner Harwell stated that all options were already evaluated and that these three options have been selected as the best options. Administrator Jester agreed that other options were considered and the options presented made the most sense. She also noted that she and Commission Engineers had met with the city and WSB to review the various options and they agreed that these made the most sense for this CIP project. The Commission Engineer’s comments will be reviewed and a revised feasibility study will be brought to a future meeting. B. Consider Approval of Additional Carp Survey Work in Schaper Pond Commission Engineer Wilson provided background about Schaper Pond and the BCWMC Diversion Project installed in 2016. He reminded Commissioners that monitoring indicates the pond is exporting more total phosphorus to Sweeney Lake than is coming into the pond from the south. He reported that the northwest lobe is about 8 feet deep and the results of the 2018 water monitoring include the following results: • The bathymetric survey indicates that some sedimentation has taken place in areas of the pond, but that it is unlikely that those changes have greatly altered the settling or treatment capacity in the northwest corner of the pond. • Water quality monitoring confirms that pollutant concentrations increase as the flow moves through the pond. In other words, pollution levels leaving the pond are high. However, the total phosphorus doesn’t appear to be releasing from anoxic sediment in the northwest lobe. • The first carp survey estimated the carp population in the pond that day to be 227 individuals, with an average mass between 4 and 5 pounds. The biomass for the pond at that time was about 368 kilograms/hectare, which is nearly four times the recommended threshold for carp management. The second survey resulted in the capture of 37 carp in one hour of electrofishing. Most of the carp were captured in the deeper-water portion of the northwest lobe. Six of the 37 carp were young of year (YOY), making it very likely that successful recruitment (i.e., fish surviving to enter the fishery or a mature life stage) occurred this year. Engineer Wilson described his recommendation to expand the scope of the third carp survey to include tagging the carp with transmitters to track their movements between the pond, downstream into Sweeney Lake, and upstream from the pond. MOTION: Commissioner Welch moved to approve the expanded carp survey for up to $35,000. Alt. Commissioner Monk seconded the motion. BCWMC September 20, 2018 Meeting Minutes Page 5 of 8 Discussion: The Commission asked why the carp couldn’t just be removed. Engineer Wilson reported that it would be beneficial to collect better data to find a long-term solution. Commissioner Prom and Plymouth TAC member Scharenbroich found it unfortunate that more data collection is needed before action is taken. Commissioners Welch and Scanlan noted that data collected now would help address carp long-term; an investment in the future. Engineer Wilson explained that the third carp survey represents an opportunity to begin gathering the kind of data needed to make future carp management decisions, including information about carp recruitment and mobility throughout the Sweeney Branch system. To guide that decision-making, it will be important to know whether the current carp population survives and/or remains in Schaper Pond year-round or if the carp are moving back and forth between Sweeney Lake and/or upstream water bodies. VOTE: Upon a vote, the motion passed 8-1. [Plymouth voted against, all others voted aye.] C. Review Results of Comparative Analysis of Linear Projects: Water Quality Treatment Outcomes Commission Engineer Chandler reminded commissioners that in May of 2017, the Commission approved revisions to the BCWMC’s water quality performance standards for linear projects. She noted the previous 2015 standards required MIDS treatment for linear projects when the project would result in 1 acre of new/fully reconstructed impervious. She reported the revised/current 2017 standards require treatment for linear projects when the project results in 1 acre of net new impervious. She noted the BCWMC standard is to capture and retain 1.1 inches off the net new impervious area and follow flexible treatment options if volume reduction BMPs are not feasible or not allowed. Engineer Chandler reported that at the June 2017 Commission meeting, the Commission requested an analysis comparing the revised linear project standards and the previous MIDS standards on linear projects reviewed by the BCWMC after the BCWMC revised the standards. Engineer Chandler walked through a table of the 11 linear projects, the required water quality treatment volume under previous and current requirements, and the amount of treatment that was provided. In summary, none of the 11 linear projects triggered water quality treatment per the current requirements, whereas 8 of the 11 projects would have triggered water quality treatment per the previous requirements. For the 8 projects that would have triggered water quality treatment per the previous requirements, the total required treatment volume would have been 1.11 acre-feet. Mr. Scharenbroich noted that cities are still doing water quality improvements even if they weren’t reported to the Commission, so the table incorrectly states that no treatment resulted. There was support among TAC members and Commissioner Harwell to leave the current requirements in place, noting the difficulty in infiltrating in narrow rights of way and limited space elsewhere to accommodate treatment. Commissioner Welch stated that the Commission made the decision to revise the requirements without data and that at the time he didn’t see the logic in taking an entire category of impervious surface off the table for requirements. He stated that he wants to find a path forward so the Commission’s regulatory framework looks at these projects for improvements that make sense. MOTION: Commissioner Harwell moved to have the Commission review water quality improvements that were actually implemented with these projects. Commissioner Scanlan seconded the motion. Discussion: Engineer Chandler noted that she could bring additional information about the treatment cities are implementing and not reporting to the Commission. Commissioner Monk explained that he has been on both sides of this issue and stated that treatment missed on only 1.17 acre-feet isn’t significant. He thought it will be difficult to look at MIDS latest treatment and allowances and see whether we should go back. He was not excited to ask the cities to provide data that may be tough to get because the numbers won’t warrant any immediate action. Commissioner Welch said he’s not going to support this motion because more data won’t mean progress forward. BCWMC September 20, 2018 Meeting Minutes Page 6 of 8 Mr. Scharenbroich restated that this is discrediting the cities’ work that has been done and that the cities’ work isn’t reflected in the memo. Chandler agreed that the memo should be revised because it doesn’t adequately reflect the cities’ work. VOTE: Upon a vote, the motion failed 4-5. [Cities of Medicine Lake, Minneapolis, Minnetonka, Plymouth, and Robbinsdale voted against.] Commissioner Welch added that he realizes the table is incomplete and that the cities are implementing improvements. He asked the Commission Engineer to give some thought about how to move forward. Engineer Chandler agreed to continue to track this data so it can be revisited in the future. Commissioner Prom noted that he needed to leave the meeting but wanted to acknowledge Derek Asche’s work with the Commission as the TAC member from Plymouth. He noted Mr. Asche took a job with Maple Grove. A certificate of appreciation was given to Commissioner Prom to pass along to Mr. Asche. [Commissioner Prom departs. Alt. Commissioner Byrnes becomes the voting member from Plymouth.] D. Consider Approval of Resolution Approving Golden Valley Surface Water Management Plan Administrator Jester reminded commissioners that at the June meeting, the Commission approved the submittal of comments on the Golden Valley Surface Water Management Plan (SWMP). She noted the city revised the plan according to the Commission’s comments and the plan is consistent with the Bassett Creek Watershed Management Plan and requirements. Staff recommended approval of the resolution. MOTION: Commissioner Scanlan moved to approve the resolution approving the Golden Valley Surface Water Management Plan. Commissioner Harwell seconded the motion. MOTION: Commissioner Welch moved to amend the motion to revise the resolution language to reflect the fact that the Commission considered comment from the Metropolitan Council. Commissioner Harwell seconded the motion. Upon a vote, the motion carried 9-0. VOTE on original motion carried 9-0. E. Consider Approval of Northwood Lake Improvement Project (NL-1) Final Report Megan Albert, TAC member from New Hope, gave a PowerPoint presentation of the Northwood Lake Improvement Project. She reported that the project treats stormwater runoff from 110 acres of previously untreated urban land and was designed to reduce phosphorus loadings to the lake by an estimated 22 pounds per year. At the east end of the lake in Northwood Park the project included design and construction of a pre-treatment device, a 160,000-gallon underground stormwater re-use chamber, pump house, distribution system to irrigate 6.4 acres of adjacent ball fields, and an overflow structure directed into a series of linear rain gardens for treatment prior to discharging into Northwood Lake. At the west end of Northwood Lake, a wet ponding basin was constructed to treat stormwater runoff from backyards and Jordan Avenue. Ms. Albert recounted how when this project was brought to the Commission in 2015 it was originally identified to create a pond, but the community was very opposed to losing park space for the pond. Hence, the underground system was installed. [Commissioner Harwell departs.] MOTION: Commissioner Welch moved to approve the Northwood Lake Improvement Project Final Report. Alt. Commissioner Byrnes seconded the motion. Upon a vote, the motion carried 8-0 [City of Golden Valley absent from the vote.] BCWMC September 20, 2018 Meeting Minutes Page 7 of 8 F. Approval of Grant Agreement for BWSR’s Watershed Based Funding Grant Program (moved from consent agenda) Commissioner Welch noted that section 5 of the agreement includes a provision stating that penalties can be assessed at a rate up to 150% of the grant agreement. He noted that he finds this to be very heavy-handed and inappropriate. Attorney Gilchrist agreed and stated that penalty provisions in contracts aren’t allowed. MOTION: Commissioner Welch moved to approve the agreement and authorize the chair to execute the agreement with direction to the Commission’s Legal Counsel to use his discretion in commenting on the penalty provision. Alt. Commissioner Byrnes seconded the motion. Upon a vote, the motion carried 8-0 [City of Golden Valley absent from the vote.] 7. COMMUNICATIONS A. Administrator’s Report – Administrator Jester noted her written report in the meeting packet and also noted the following: i. Smart Salt Certification Course – 19 are currently registered ii. Workshop for Lake Groups: Options for Organizing – Date is set for Oct. 3rd at Plymouth City Hall. Freshwater will facilitate the workshop; three presenters are lined up. iii. Hennepin County Chloride Consortium – Previously discussed under 5A. iv. Metro Blooms Event: Mapping Resilient Cities – An event regarding pollinator mapping that is by invitation only. v. Three Rivers Park District Survey - May interest Commissioners vi. Reminder of WEDNESDAY November 14th Commission Meeting B. Chair i. Nothing to report C. Commissioners i. Report on Golden Valley Arts & Music Festival – Commissioners Scanlan, Harwell and Welch were there and appreciated talking with residents. ii. Certificate of Appreciation for Derek Asche – Already covered. Commissioner Scanlan reported that he attended the AIS research workshop and learned a great deal. D. TAC Members i. Nothing to report E. Committees i. Education Committee met to work on BCWMC educational sign at Westwood Hills Nature Center. F. Legal Counsel i. Nothing to report G. Engineer i. Tunnel inspection update – Hopefully will be scheduled for Tuesday, Oct. 30th with the Commissioner tour the following day. The Army Corps of Engineers has yet to approve a drawdown of the River’s pool to accommodate the inspection. Engineer Chandler noted that Mag Rattei from Barr Engineering also attended the AIS research workshop and brought back new information on possible control methods for various AIS. BCWMC September 20, 2018 Meeting Minutes Page 8 of 8 8. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet D. Sun Sailor Article: AMLAC Requests Plymouth Boat Ramp Closure to Reduce AIS Spreading E. Sun Sailor BCWMC Column: Water Cycle Leak – Solution in Education F. Zebra Mussel Educational Video Produced by Commission G. WCA Notices of Decision, Plymouth H. WCA Notice of Decision, Winnetka Pond Dredging Project 9. ADJOURNMENT The meeting adjourned at 11:17 a.m. ________________________________________ Signature/Title Date ________________________________________ Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting November 7, 2018 Agenda Item 3. E. 1. Approve Purchase of Galaxy HRE Modules for the Water Meter Reading System Upgrade Prepared By Tim Kieffer, Public Works Maintenance Manager Joe Hansen, Utility Maintenance Supervisor Summary Staff is upgrading the water meter reading system to the new Galaxy Fixed Base Meter Reading System. The radio transmitter module upgrade is an integral part of the meter reading system. Wireless Galaxy transmitter modules will be installed on every water meter throughout the City. Purchase and installation of the Galaxy radio module is required to read the water meters in the fixed base meter reading system. The purchase of the transmitter modules is funded by the Water and Sanitary Sewer Enterprise Account (W&SS-063) as listed in the 2018 Capital Improvement Program for the amount of $600,000. Quotes were received from Metering and Technology Solutions and National Meter and Automation, Inc. The price quotes per Galaxy HRE Module and total cost for the purchase of 468 units are listed below. Staff will take additional quotes throughout the year once stock has been depleted. Vendor Price per Unit Units Total Cost Metering and Technology Solutions $212 468 $ 99,216 National Meter & Automation, Inc. $265 468 $124,020 Attachments • Water Meter Reading System Quotes (2 pages) Recommended Action Motion to approve purchase of 468 Galaxy HRE Modules from Metering and Technology Solutions in the amount of $99,216. PRICE QUOTATION METERING AND Date December 5, 2017 TECHNOLOGY SOLUTIONS MTS is your authorized LL21 Badger Meter Distributor FOR: 11551 Rupp Drive Burnsville, MN 55337 Office: (952) 242-1960 Toll Free: (877) 398-0450 Fax: (952) 882-6350 Joe Hansen City of Golden Valley Utilities Maint. Supervisor Email = Ihansen(a)goldenvalleymn.gov RE: 2018 GALAXY Upgrade Pricing - Register + GALAXY Module Line Quantity Product Description Price U/M A Any Model 25 Gallon HRE with GALAXY Module $212.00 each B Any Model 35 Gallon HRE with GALAXY Module $215.00 each C Any Model 70 Gallon HRE with GALAXY Module $215.00 each D Any Model 120 Gallon HRE with GALAXY Module $225.00 each E Any Model 170 Gallon HRE with GALAXY Module $225.00 each F G Any Turbo Series HRE with GALAXY Module, All Sizes $255.00 each H Any Compound Series (2) Gallon HRE + (2) GALAXY Modules $485.00 each J K L M N O Estimated 4 Weeks A.R.O.I Payment Terms: Net 30 FOB: Burnsville, MN Delivery: Above prices are good through MTS Contact: Joe Mereness 12/31/2018 NATIONAL METER & AUTOMATION 7220 South Fraser Street Centennial, CO 80112 Phone: 303.339.9100 Fax: 303.649.1017 BILLTO: City of Golden Valley, MN. Joe Hansen Utilities Maint. Supervisor QUOTATION DATE: January 4th, 2018 QUOTED BY: Gabe Vargas CUSTOMER EMAIL: 'hansen(a)goldenvalleymn.gov SHIP TO: City of Golden Valley, MN. Joe Hansen Utilities Maint. Supervisor SALESPERSON PAYMENT TERMS SHIPPING SHIPPING SUBJECT TO REVIEW M25 5/8"x3/4" HRE LCD w/ Galaxy Module $265.00 METHOD TERMS M35 3/4" HRE LCD w/ Galaxy Module House Acct. Net 30 Days Best Way FOB Centennial, CO. 12/31/2018 QTY Product Description UNIT PRICE AMOUNT 1 M25 5/8"x3/4" HRE LCD w/ Galaxy Module $265.00 $265.00 1 M35 3/4" HRE LCD w/ Galaxy Module $268.75 $268.75 1 M70 1" HRE LCD w/ Galaxy Module $268.75 $268.75 1 M120 1 1/2" HRE LCD w/ Galaxy Module $281.25 $281.25 1 M170 2" HRE LCD w/ Galaxy Module $281.25 $281.25 1 Turbo HRE LCD w/ Galaxy Module ( To fit every Turbo meter size) $318.75 $318.75 1 Compound Dbl HRE LCD w/ Dbl Galaxy Module $606.25 $606.25 1 Accessory Kit for Galaxy Module $20.50 $20.50 Sales Tax: Est. Lead Time: To be quoted at time of order 4 to 6 weeks ARO SUBTOTAL $ SALES TAX FREIGHT TOTAL $ 2,310.50 Add 2,310.50 THANK YOU FOR YOUR BUSINESSH This quotation is an offer subject to the Terms and Conditions available on our website: www.nationalmeter.com/legal Executive Summary For Action Golden Valley City Council Meeting November 7, 2018 Agenda Item 3. F. Receipt of September 2018 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: ∼ General Fund Operations ∼ Conservation/Recycling Fund (Enterprise Fund) ∼ Water and Sewer Utility Fund (Enterprise Fund) ∼ Brookview Golf Course (Enterprise Fund) ∼ Motor Vehicle Licensing (Enterprise Fund) ∼ Storm Utility Fund (Enterprise Fund) ∼ Equipment Replacement Fund (Capital Projects Fund) ∼ Brookview Center (Special Revenue Fund) ∼ Human Services Commission (Special Revenue Fund) ∼ Building Improvement Fund (Capital Projects Fund) ∼ Park Improvement Fund (Capital Projects Fund) General Fund Operations: As of September 2018, the City has used $2,039,408 of fund balance to balance the General Fund Budget. Ending 2017 Fund Balance $12,403,849 2018 Expenditures (60%) $12,369,840 need $14,409,248 (2,039,408) + $12,369,840 Attachments • September 2018 General Fund (2 pages) • September 2018 Conservation/Recycling Fund (1 page) • September 2018 Water and Sewer Utility Fund (1 page) • September 2018 Brookview Golf Course (1 page) • September 2018 Motor Vehicle Licensing (1 page) • September 2018 Storm Utility Fund (1 page) • September 2018 Equipment Replacement Fund (1 page) • September 2018 Brookview Center Fund (1 page) • September 2018 Human Services Commission (1 page) • September 2018 Building Improvement Fund (1 page) • September 2018 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the September 2018 Financial Reports. 75.00% Over % 2018 September YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $17,253,460 8,759 9,520,623 ($7,732,837)55.18%(1) Licenses 220,980 3,185 208,200 ($12,780)94.22% Permits 929,785 195,433 1,301,582 $371,797 139.99% State Aid 52,375 0 69,920 $17,545 133.50%(2) County Aid 0 1,319 $1,319 Charges For Services: General Government 25,250 393 24,318 ($932)96.31% Public Safety 160,900 6,632 170,322 $9,422 105.86% Public Works 163,600 18,496 138,861 ($24,739)84.88% Park & Rec 415,550 36,742 321,532 ($94,018)77.38% Other Funds 691,500 53,458 558,070 ($133,430)80.70% Fines & Forfeitures 320,000 44,437 266,908 ($53,092)83.41%(3) Interest On Investments 75,000 0 0 ($75,000)0.00%(4) Miscellaneous Revenue 193,000 14,479 151,780 ($41,220)78.64% Transfers In 30,000 2,500 22,500 ($7,500)75.00%(5) TOTAL Revenue $20,531,400 $384,514 $12,755,935 ($7,775,465)62.13% Notes: (1) Payments are received in July, December, and January (delinquencies). The first payment for taxes included some payments in full. (2) Police Training will be paid in August. Safe and Sober is billed on time spent. LGA is paid in July, Dec ($37,185 total). (3) Fines/Forfeitures are thru for August 2018. (4) Investment income is allocated at year end. (5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues September 2018 (unaudited) Over % 2018 September YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $370,935 28,011 244,637 ($126,298)65.95%(3) 003 City Manager 813,410 86,162 557,494 (255,916)68.54% 004 Transfers Out 1,982,580 0 1,982,580 0 100.00%(1) 005 Admin. Services 1,986,970 412,853 1,497,219 (489,751)75.35% 006 Legal 158,100 21,173 158,076 (24)99.98%(2) 007 Risk Management 310,000 38,777 238,030 (71,970)76.78% 011 General Gov't. Bldgs.732,680 58,704 461,766 (270,914)63.02% 016 Planning 409,655 42,639 234,328 (175,327)57.20% 018 Inspections 811,280 84,470 554,413 (256,867)68.34%(4) 022 Police 6,204,575 591,420 4,067,215 (2,137,360)65.55% 023 Fire 1,561,150 110,778 967,260 (593,890)61.96%(3) 035 Physical Dev Admin 309,505 33,277 222,987 (86,518)72.05% 036 Engineering 776,095 75,814 506,029 (270,066)65.20% 037 Streets 1,790,925 310,313 1,406,237 (384,688)78.52% 066 Park & Rec. Admin.737,210 80,559 540,664 (196,546)73.34% 067 Park Maintenance 1,215,945 109,910 878,012 (337,933)72.21% 068 Recreation Programs 445,385 21,668 278,396 (166,989)62.51% TOTAL Expenditures $20,616,400 $2,106,528 $14,795,343 ($5,821,057)71.76% (1) Transfers were made in June, 2018 except for Equipment Transfer of $882,580. (2) Legal services are billed thru June. Staff Attorney started 7-16. (3) 2017 Fund Balance Assigned -$65,,000 Fire ;$20,000 Council April 17, 2018 (4) 2018 Fund Balance Amended -$42,,000 Inspections Council April 3, 2018 City of Golden Valley Monthly Budget Report - General Fund Expenditures September, 2018 (unaudited) Division Over 2018 Sept YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 42,875 47,900 47,900 5,025 111.72%(4) Recycling Charges 382,520 29,804 259,247 (123,273)67.77%(2) Miscellaneous Revenues 8,000 0 0 (8,000) Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 437,395 77,704 307,147 (130,248)70.22% Expenses: Recycling 461,605 24,639 282,392 (179,213)61.18%(3) Total Expenses 461,605 24,639 282,392 (179,213)61.18% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru September 2018. (3) This includes the recycling services thru August 2018. (4) Grant reduced due to no compost program. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund September2018 (unaudited) Over 2018 September YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 4,571,280 589,931 3,703,752 (867,528)81.02%(1) Emergency Water Supply 183,080 26,884 168,237 (14,843)91.89% Sewer Charges 3,512,300 337,995 3,020,576 (491,724)86.00% Meter Sales 20,000 5,693 25,488 5,488 127.44% Penalties 130,000 2,943 138,813 8,813 106.78% Charges for Other Services 100,000 22,016 228,956 128,956 228.96% State Water Testing Fee Pass Through 46,000 3,430 30,782 (15,218)66.92% Sale of Assets 10,000 0 3,459 (6,541)34.59% Franchise Fees 1,000,000 0 0 (1,000,000)0.00% Certificate of Compliance 75,000 8,200 64,900 (10,100)86.53% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 9,672,660 997,092 7,384,963 (2,287,697)76.35% Expenses: Utility Administration 2,930,400 315,672 1,653,021 (1,277,379)56.41% Sewer Maintenance 3,088,750 278,514 2,406,561 (682,189)77.91% Water Maintenance 4,712,065 437,883 3,064,384 (1,647,681)65.03% Total Expenses 10,731,215 1,032,069 7,123,966 (3,607,249)66.39% City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund September 2018 (unaudited) Over 2018 Sept YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 920,950 97,321 757,668 (163,282)82.27% Driving Range Fees 180,000 14,077 156,070 (23,930)86.71% Par 3 Fees 170,000 13,013 141,841 (28,159)83.44% Lawn Bowling 30,000 12,944 40,226 10,226 134.09%(4) Pro Shop Sales 90,000 8,629 77,706 (12,294)86.34% Pro Shop Rentals 300,000 38,281 274,309 (25,691)91.44% Concession Sales 889,960 160,563 1,082,874 192,914 121.68% Other Revenue 182,500 3,035 200,481 17,981 109.85%(3) Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax (30,000)0 (4,425)25,575 14.75% Total Revenue 2,738,410 347,863 2,726,750 (11,660)99.57% Expenses: Golf Operations 802,410 80,231 552,383 (250,027)68.84%(2) Course Maintenance 1,219,520 85,461 996,453 (223,067)81.71% Pro Shop 124,400 9,611 127,422 3,022 102.43% Grill 647,710 140,521 1,031,687 383,977 159.28% Driving Range 74,300 8,114 57,215 (17,085)77.01% Par 3 Course 26,640 3,465 26,439 (201)99.25% Lawn Bowling 8,380 6,205 10,831 2,451 129.25% Banquet Staffing 25,400 2,690 28,407 3,007 111.84% Total Expenses 2,928,760 336,298 2,830,837 (97,923)96.66% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. (3) Includes the trade-in of golf carts -$100,500. (4) Lawn Bowling opened August 1. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Fund Balance at end of 2017 was $919,024. Fund Balance should be a minimum of $1,000,000 (4 months reserve). Cart purchase lowered this amount. City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund September 2018 (unaudited) Course opened April 27 Over 2018 Sept YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 2,880 0 0 (2,880)0.00%(1) Charges for Services 469,965 29,541 343,782 (126,183)73.15% Total Revenue 472,845 29,541 343,782 (129,063)72.71% Expenses: Motor Vehicle Licensing 423,335 45,552 323,498 (99,837)76.42% Total Expenses 423,335 45,552 323,498 (99,837)76.42% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund September 2018 (unaudited) Over 2018 Sept YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 0 0 Storm Sewer Charges 2,475,000 198,566 1,760,720 (714,280)71.14% Bassett Creek Watershed 0 0 149,429 149,429 (5) Miscellaneous Receipts 313,300 357 140,502 (172,798) Sale or Loss of Assets 0 0 1,500 1,500 Total Revenue 2,838,300 198,923 2,052,151 (786,149)72.30% Expenses: Storm Utility 2,707,450 57,747 1,088,285 (1,619,165)40.20%(2) (3) Street Cleaning 128,595 3,888 62,796 (65,799)48.83% Environmental Control 336,790 28,570 228,455 (108,335)67.83% Debt Service Payments 65,000 0 63,500 (1,500)0.00%(3) Total Expenses 3,237,835 90,205 1,443,036 (1,794,799)44.57%(4) (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF. (4) Reserves are being used that were planned. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund September 2018 (unaudited) 2018 Equipment Replacement Fund (CIP) - Fund 5700 2018 Sept YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 1,737 191,248 156,248 Miscellaneous 0 430 20,829 20,829 DUI Fund Transfer 40,000 0 130,000 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 98,538 2,167 342,077 153,539 (4) Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)100,000 2,535 201,168 (101,168)(5) 5702 V&E-002 Computers and Printers (Finance)80,000 855 49,582 30,418 (1) 5706 V&E-009 Front End Loader (Street)260,000 0 192,170 67,830 V&E-022 Sign Truck (Street)120,000 0 0 120,000 5760 V&E-037 Aerial Ladder (Fire)575,000 0 905,753 (330,753)(2) 5786 V&E-060 Rescue Vehicle (Fire)90,000 0 0 90,000 V&E-095 Pickup Truck (Police)40,000 0 34,818 5,182 V&E-116 Bobcat Toolcat (Park)50,000 0 51,033 (1,033) V&E-130 Rotary Mower (Park)25,000 0 13,996 11,004 5709 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 10 165,106 (141,036)(3) V&E-145 Skid Steer Loader (Street)55,000 0 0 55,000 5710 V&E-151 Fire Pumper (Fire)600,000 0 602,461 (2,461) Total Expenditures 2,019,070 3,400 2,216,087 (194,556) (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2) In 2017, this included $400,000 for the first half payment that was not billed until 2018. (3) In 2016, a transfer was made to the equipment replacement fund to purchase video dash cams and body cameras together. (4) In 2017, $1,200,000 was transferred from positive performance. (5) In 2018, monies were transferred for an additional squad from the DUI Fund. Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Over 2018 Sept YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 157,815 19,775 115,422 (42,393)73.14% Backyard Play Area 326,500 8,682 156,276 (170,224)47.86% Miscellaneous Revenues 5,500 0 0 (5,500)0.00% Interest on Investments 100 0 0 (100)0.00%(1) Total Revenue 489,915 28,457 271,698 (218,217)55.46% Expenses: General Area Rooms 290,790 29,034 192,027 (98,763)66.04%(2) Indoor Play Area 107,210 3,844 46,841 (60,369)43.69% Banquet Facility 87,945 8,399 57,982 (29,963)65.93% Total Expenses 485,945 41,277 296,850 (189,095)61.09% (1) Interest Earnings are allocated at year-end. (2) Staff Time/Supplies for Brookview Rental City of Golden Valley Monthly Budget Report - Brookview Center Special Revenue Fund September 2018 (unaudited) Over 2018 September YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 3,126 27,109 (2,891)90.36%(3) Fundraisers 30,000 8,146 30,122 122 100.41%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 11,272 57,231 (3,469)94.29% Expenses: Supplies 17,100 6,958 13,223 (3,877)77.33%(4) Allocations 60,000 7,625 47,150 (12,850)78.58%(2) (5) Total Expenses 77,100 14,583 60,373 (16,727)78.30% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2018 are $60,000. (3) Pull Tab revenues are thru Aug. (4) Solicitation Letters -$2,729.67-YTD; should be allocated to designation (4) Run/Walk -$11,176 YTD (net) (4) Golf Tourney/Lawn Bowling -$3,257 YTD (net) (5) Crisis Connection is closing June 30. The $1750 will be reallocated in 2019. Fund Balance at 12/31/17 was $213,524. City of Golden Valley Monthly Budget Report - Human Services Commission September 2018 (unaudited) 2018 Building Improvement Fund (CIP) - Fund 5200 2018 Sept YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 350,000 0 350,000 0 (1) Interest Earnings (allocated at year end)7,718 0 0 (7,718) Total Revenues 357,718 0 350,000 (7,718) Expenditures: Project Name 5211 Carpet Replacement-City Buildings 30,000 0 19,880 10,120 Generators 35,000 0 0 35,000 Air Compressor 10,000 0 0 10,000 5215 Installation of Building Security Systems 30,000 0 17,634 12,366 5201 Public Buildings Roof Replacement 270,000 0 33,785 236,215 5208 Workstation Replacements 40,000 94 54,913 (14,913) Window Replacements-Various Buildings 25,000 0 0 25,000 Total Expenditures 440,000 94 126,212 313,788 (1)Transfer were made in June. 2018 Park Improvement Fund (CIP) - Fund 5600 2018 September YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 300,000 0 300,000 0 Park Dedication Fee 0 0 0 0 Hennepin County Youth Sports Grant 150,000 0 150,000 0 Little League/Youth Associations/Play Eq Grants 15,000 0 0 (15,000) Other Donations 0 0 350 350 Interest Earnings (allocated at year end)4,915 0 0 (4,915) Total Revenues 469,915 0 450,350 (19,565) Expenditures: Project Name Bleacher, Etc Replacement 25,000 0 23,288 1,712 Park Trail and Parking Lot Improvements 40,000 7,039 47,491 (7,491) Play Structure Replacement 55,000 0 15,921 39,079 Ball Field Lighting 250,000 0 261,727 (11,727) Outdoor Basketball and Hoop Replacement 28,000 0 5,955 22,045 Park Signage Replacement 10,000 0 10,658 (658) Sun Shelter Replacement/Additions 50,000 0 52,572 (2,572) Tennis & Pickle Ball Court Resurfacing 30,000 0 373,220 (343,220) Wildwood Pickleball Courts 60,000 0 0 60,000 Relamp Athletic Field and Rink Lights 25,000 0 17,975 7,025 Dugout, Fence and Field Replacement 55,000 13,720 21,983 33,017 Tennis Court Reconstruction 150,000 0 37,581 112,419 Total Expenditures 778,000 20,759 868,371 (90,371) Further information about projects and financing are located in the 2018-2022 CIP and 2018-2019 Budget. Executive Summary For Action Golden Valley City Council Meeting November 7, 2018 Agenda Item 3. G. Approve Joint Powers Cooperative Agreement Cajun Twist LLC with the City of Minneapolis Prepared By Maria Cisneros, City Attorney Summary The City of Minneapolis has asked the City of Golden Valley to enter into a Joint Powers Cooperative Agreement (“JPA”) related to a loan Minneapolis will make to Cajun Twist LLC in cooperation with the Neighborhood Development Center. Cajun Twist is a restaurant expected to open in the Adventure Center building on land owned by the Minneapolis Park Board. Because Minneapolis is lending the funds to a business located in Golden Valley, Minneapolis requires consent from Golden Valley to make the loan. The purpose of the JPA is to authorize Minneapolis to lend the funds to Cajun Twist LLC. Golden Valley has no obligations or liability under the JPA and Minneapolis will defend and indemnify Golden Valley in the event of any liability arises as a result of the agreement. Attachments • Joint Powers Agreement (4 pages) Recommended Action Motion to approve Joint Powers Cooperative Agreement Cajun Twist LLC with City of Minneapolis subject to final review by City Attorney. SAR \2%\CAJUN TWIST\ JOIN POWERS AGRMT OCTOBER 3, 2018 JOINT POWERS COOPERATIVE AGREEMENT Cajun Twist LLC This COOPERATIVE AGREEMENT dated as of ____________, 2018 (this “Agreement”) is being entered into between: i. The City of Golden Valley, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (“Golden Valley”); and ii. The City of Minneapolis, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (“Minneapolis”). Golden Valley and Minneapolis are collectively referred to herein as the “Parties.” 1. Recitals. a. This Agreement is being entered into pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended as of the date hereof (the “Act”), and Minnesota Statutes, Section 471.59. b. Minneapolis wishes to participate with the Neighborhood Development Center in making a loan of $110,000 to assist in the financing of leasehold improvements (the “Project”) described in Exhibit A attached hereto, for Cajun Twist LLC (the “Borrower”). c. The Project is located on land located in Golden Valley just outside of Minneapolis’ city limits. d. Each of the Parties has the powers of a housing and redevelopment authority under the Act and each is authorized to finance certain costs of an economic development project such as the Project defined herein. e. The Borrower has requested that the Parties cooperate, through this Agreement, to finance the Project through a $50,000 loan participation from Minneapolis. The $50,000 loan from Minneapolis was approved by the Minneapolis City Council October 19, 2018. 2. Finding. It is in the best interests of the Parties to cooperate with and facilitate the issuance of the financing by Minneapolis as requested by the Borrower. 3. Statement of Purpose and Authority. This Agreement is entered into for the purpose of facilitating financing by Minneapolis pursuant to the Act to assist the Project despite jurisdictional boundaries. Golden Valley hereby authorizes Minneapolis to provide $50,000 SAR \2%\CAJUN TWIST\ JOIN POWERS AGRMT OCTOBER 3, 2018 as participation in a $110,000 loan from NDC (the “Loan”) to the Project pursuant to the terms of Minneapolis’ Loan Agreement and collateral documents governing the Minneapolis Loan. 4. Term. This Agreement shall terminate upon the earlier of: a. final maturity and payment of the Loan; b. payment in full of the Loan prior to its final maturity; or c. forgiveness of all outstanding Minneapolis interests in the Loan. 5. No Pecuniary Liability. Nothing in this Agreement shall create a pecuniary obligation of Golden Valley to assist in the Project, nor shall Golden Valley be, in any way, responsible for any financing obligation or agreement of Minneapolis with respect to its provision of financial assistance to the Project. Minneapolis agrees to defend, indemnify and hold Golden Valley harmless from and against any expenses (including but not limited to attorneys’ fees) financial obligations or losses resulting from, arising out of, or occurring in connection with the execution of this Agreement or incidental thereto. 6. Distribution of Assets. Golden Valley shall not acquire any property or surplus moneys in connection with this Agreement. 7. Amendments. This Agreement may not be terminated while any portion of the Loans remains outstanding. IN FURTHERANCE WHEREOF, the Parties have caused their names to be signed by their respective officers thereunder duly authorized, as the day and year first above written. CITY OF GOLDEN VALLEY By Shepard M. Harris, Mayor By Timothy J. Cruikshank, City Manager SAR \2%\CAJUN TWIST\ JOIN POWERS AGRMT OCTOBER 3, 2018 (Signature page to Joint Powers Agreement) CITY OF MINNEAPOLIS By _________________________________ Its Finance Officer Department Head Responsible For Monitoring Contract ________________________ David Frank, Director CPED Approved as to Form: ________________________ Assistant City Attorney SAR \2%\CAJUN TWIST\ JOIN POWERS AGRMT OCTOBER 3, 2018 EXHIBIT A PROJECT DESCRIPTION Executive Summary For Action Golden Valley City Council Meeting November 7, 2018 120 day deadline: December 28, 2018 Agenda Item 4. A. Public Hearing - Minor Subdivision Approval - 1711 Xerxes Avenue North Prepared By Jason Zimmerman, Planning Manager Summary Jack Benson is proposing to replat his property located at 1711 Xerxes Avenue North into two lots. The underlying plat shows four 50 foot wide lots of record, all held under common ownership by the applicant and sharing one property ID. There is one existing single-family home on this lot, which would remain under this proposal; a second buildable lot for a future single-family home would be created. The subject property is bordered by single-family homes to the north and south, across York Ave N to the west, and across Xerxes Ave N to the east (within Minneapolis). Theodore Wirth Regional Park lies roughly 300 feet to the west on the other side of railroad tracks owned and operated by the Burlington Northern Santa Fe railroad. The western portion of the property is wooded and sloped down to the west. The applicant has submitted a survey showing the proposed subdivision. The existing home would continue to have access off of Xerxes Ave N; the second lot would have access off of the cul-de-sac on York Ave N to the west. The applicant has stated it is his intention to sell the second lot to a neighbor who intends to maintain it as an undeveloped parcel. The property is guided for Low Density Residential use in the Comprehensive Plan and zoned Single- Family Residential (R-1). It sits along the eastern boundary of Golden Valley, to the east of Theodore Wirth Regional Park. Evaluation Sec. 109-121 of the City Code lists nine conditions that must be considered when evaluating a minor subdivision, including area and dimensional requirements, provision of vehicular access from a public street, suitable slopes and wetness for building, the availability of utility connections, and other administrative requirements. Lot Requirements: Required Proposed Lot 1 Proposed Lot 2 Minimum lot size 10,000 square feet 16,559 square feet 10,395 square feet Minimum lot width at 35 feet deep 80 feet 100 feet 100 feet Minimum lot width at 70 feet deep 80 feet 100 feet 100 feet The dimensions of both Lots 1 and 2 would provide sufficient building envelopes for development. If approved, a park dedication fee of $1,980 would be required prior to release of the Final Plat. Staff finds all other conditions for approval have been met, as described in the memo to the Planning Commission dated October 8, 2018. The Planning Commission unanimously recommended approval (6-0) at its meeting on October 8, 2018. No residents spoke at the informal public hearing. Attachments • Location Map (1 page) • Planning Commission Minutes dated October 8, 2018 (3 pages) • Memo to the Planning Commission dated October 8, 2018 (3 pages) • Memo from the Engineering Division dated October 2, 2018 (4 pages) • Tree inventory (1 page) • Plans submitted August 20, 2018 (1 page) Recommended Action Motion to approve the Minor Subdivision for 1711 Xerxes Avenue North, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $1,980 shall be paid before release of the Final Plat. 1807 _-_ 3 001 1801 1816 1831 ^1816 1 1810 `1825 p� j1814� 1806 y 1821 1821 � �18i120 Zi�= 1800 1814, , 1E07 1,725 1a ta2's2tt1 Ave h A17.17 : Subject Property: 1715 1711 Xerxes Ave N 1 1, 1711 1709 1477 1700 1705 11 0'' 1703 17015 1696 9 1 10 Z a: 1628 � u; MR X 1617 Regular Meeting of the Golden Valley Planning Commission October 8, 2018 A regular meeting of the Planning C mission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Va y Road, Golden Valley, Minnesota, on Monday, ober 8, 2018. Chair Baker called e meeting to order at 7 pm. Those p nt were Planning Com ssioners Baker, Blum, ins, Johnson, Pockl, and Segelba Iso present were lanning Manager n Zimmerman and City Attorney Maria Ci s. Commissi er Angell w sent. 1. Approval of Minutes A .. September 24, 2018, Re�w r ing Commission Meeting SLY* Johnson referred to first paragr ph on pag and suggested the wording regarding new d opment be ch ged to state tha n Valley is "fully developed" rather than ng that Golden Vall is no longer a city wit development." MO by Johnson, seconded by um and motion carried unanimous approve the S ember 24, 2018, minutes with t above noted change. 2. Informal Public Hearing — Minor Subdivision — 1711 Xerxes Ave N — Jean and Dennys Annex — SU01-02 Applicant: Jack Benson Address: 1711 Xerxes Avenue North Purpose: To reconfigure the existing four single family residential lots into two new single family residential lots. Zimmerman referred to a location map of the property and explained the applicant's proposal to consolidate four existing lots of record and divide that into two new lots. He stated that the existing single-family home would remain and one new lot would be created with access via York Avenue North. Zimmerman referred to the Land Use Map and the Zoning Map and stated that the property is zoned and guided for low density, single family (R-1) residential. Zimmerman referred to an aerial photo of the property and noted that it, along with many of the properties in this area, were originally platted as 50-foot wide lots. He referred to the photo of the property and showed how the applicant is proposing to create two new lots with approximately one third of the property creating the new west lot and approximately two thirds of the property creating the new east lot. Zimmerman stated that the minimum lot requirements in the R-1 Zoning District are 10,000 square feet in area, 80 feet of width at the front setback line, and 80 feet of width 70 feet Minutes of the Golden Valley Planning Commission October 8, 2018 Page 2 into the lot. He explained that Lot 1 to the east will be 16,559 square feet in size with a width of 99.77 feet and that Lot 2 to the west will be 10,395 square feet in size with a width of 100 feet. So overall, all of the dimensional requirements required by City Code have been met under this proposal. He added that at this point the proposal is to sell the proposed new western lot to a neighboring property owner who has no intention of building a new house. However in order to subdivide property an applicant must show that new lots are buildable and that utilities could be connected if at some point in the future the property is built on. Zimmerman stated that an Inflow and Infiltration inspection for the existing home has been scheduled and that any necessary repairs will be made with escrowed money, a tree survey has been completed, and a park dedication fee of $1,980 is due prior to release of the Final Plat. Zimmerman stated that because all of the City Code requirements have been met staff is recommending approval of this proposed subdivision. Segelbaum referred to the tree survey and asked why that was included with this proposal since the new lot is not proposed to be developed at this time. Zimmerman stated that providing a tree survey was added to the subdivision requirements a couple of years ago in order to capture a snap shot in time of any significant trees located on a property. He said it also allows staff to know what trees are on the property before any development occurs. Blum asked if this proposal is not considered to be a "flag lot" because there is access on both sides of the property and not just one access for two lots. Zimmerman said that is correct. Baker asked if there was a time when 50-foot wide lots were considered to be buildable. Zimmerman said yes. He added that they are still considered buildable lots and that there are a number of them in the City, but that new lots can't be created that narrow any more. Baker noted that the property is a fairly steep lot and that the City Engineer has determined that it is not too steep to build on. Zimmerman agreed. Baker questioned why the City Engineer's memo said this property is adjacent to Theodore Wirth Park. Zimmerman said this property is approximately 200-300 feet away from the park but there is no development between this property and the park. Johnson asked about stormwater issues that might affect neighboring properties as a result of developing this property. Zimmerman stated that stormwater issues would be reviewed as part of a building permit and grading plan submittal to make sure they aren't impacting neighboring properties. Johnson stated that those same procedures have been followed in the past and that the Planning Commission has heard from neighbors who have ended up having flooding in their basements after development occurs. He questioned if anything additional could be done or if any type of monitoring could occur. Johnson referred to the City Engineer's staff report where it refers to managing buckthorn in accordance with state and local laws and asked if a more direct statement could be Minutes of the Golden Valley Planning Commission October 8, 2018 Page 3 made instead of just recommending that people obey the laws and rules. Zimmerman agreed that the City encourages people to follow the rules but that there are some issues that might have a higher priority than others. Johnson referred to the City Engineer's staff report where it states that the property is not compliant with the City's 1/1 ordinance and asked how the City knows the property is not compliant if an 1/1 inspection hasn't yet occurred and the results are pending review. Zimmerman explained that means that there is no certificate of compliance on record and when the inspection is done and any repairs are made a certificate will be issued. Pockl asked why the lot is being split into two thirds and one third instead of in half. Zimmerman said it is his understanding that the proposed new property line is being drawn where the existing lawn area meets the wooded area. Jack Benson, Applicant, stated that his neighbor at 1717 Xerxes will be purchasing the proposed new west lot. He stated that he is proposing the new lot line where he is because that is where the grass turns into woods. He said there isn't a month that goes by that he doesn't get an offer from someone to buy his house. He said he thinks people are interested in flipping the property which would lead to cutting down a very large oak tree that is basically in the middle of the proposed new lot so he is interested in keeping the area as it currently is. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Baker said he thinks this is a reasonable application. Segelbaum agreed and said he doesn't see a basis on which to deny the proposal. Johnson agreed. MOVED by Brookins, seconded by Pockl and motion carried unanimously to approve the proposed minor subdivision of 1711 Xerxes Avenue North subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of $1 ,980 shall be paid before release of the Final Plat. Revocation Discu ion — Conditional Use Permit— 800 Boone Avenue North - -119 A lic Cit f Golden Valle pp Y Address: 0 ~ yvenue North Purpos To di s the revocation of Conditional Use Permit #119 Citogolde MEMORANDUMf valley Planning Department 763-593-8095/763-593-8109(fax) Date: October 8, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing on Preliminary Plan for 1711 Xerxes Avenue North Summary of Request Jack Benson is proposing to replat his property located at 1711 Xerxes Avenue North into two lots. The underlying plat shows four lots of record, all held under common ownership by the applicant and sharing one property ID. There is one existing single-family home on this lot, which would remain under this proposal, and a second buildable lot for a future single-family home would be created. The applicant has submitted a survey showing the proposed subdivision. The existing home would continue to have access off of Xerxes Ave N; the second lot would have access off of the cul-de-sac on York Ave N to the west. The property is guided for Low Density Residential use in the Comprehensive Plan and zoned Single Family Residential (R-1). It sits along the eastern boundary of Golden Valley, to the east of Theodore Wirth Regional Park. A letter describing the proposed subdivision was sent to property owners within 500 feet. To date, staff has not received any communication regarding this letter. Staff did receive one clarifying call in response to the notice of public hearing. Staff Review The subject property is bordered by single-family homes to the north and south, across York Ave N to the west, and across Xerxes Ave N to the east. Theodore Wirth Regional Park lies roughly 300 feet to the west on the other side of railroad tracks owned and operated by the Burlington Northern Santa Fe railroad. The layout of the proposed subdivision would create two new lots and remove existing underlying lot lines that currently show four lots of record. The existing home on Lot 1 would remain and continue 1 to access Xerxes Ave N to the east. The second lot would have future access to the cul-de-sac on York Ave N to the west. Changes to the minimum lot area requirement of the Subdivision Code made in 2015 require a calculation of the average lot size of all residential lots within 250 feet of the subject property in the Single Family Residential (R-1) Zoning District. If the average is greater than 18,000 square feet, the new required minimum lot size becomes 15,000 square feet. If the average is less than 18,000 square feet, the required minimum lot size remains at 10,000 square feet. For 1711 Xerxes Ave N, the average size of the lots within 250 feet is approximately 12,212 square feet. Therefore, the required minimum lot size of each new lot is 10,000 square feet. The existing lot is 27,042 square feet. The proposed Lot 1, to the east, would be 16,559 square feet. The proposed Lot 2, to the west, would be 10,395 square feet. City Code requires that each non-corner lot have a minimum of 80 feet of width at the front setback line and maintain 80 feet of width for 70 feet of depth. Lots 1 and 2 would each have over 80 feet of width at the 35 foot setback line and would maintain sufficient width 70 feet back from the front lot line. The dimensions of both Lots 1 and 2 would provide sufficient building envelopes for development. The one existing sanitary sewer service was recently inspected for compliance with the City's Inflow and Infiltration requirements. Pending the outcome of the inspection, the applicant may be required to make repairs or escrow funds sufficient to ensure compliance. As required by the Subdivision Code, a tree inventory was performed in order to document all existing trees. This inventory will be reviewed by the City Forester and used to calculate any required tree replacement if additional lots are developed. The Engineering Division has reviewed the application and has provided permitting information and technical comments regarding the preliminary plat, stormwater management, the Natural Resources Management Plan, the Tree and Landscaping Plan, utilities, and right-of-way management (see attached memo). The Fire Department has reviewed the application and has no comments or concerns. If approved, a park dedication fee of$1,980 would also be required prior to release of the Final Plat. Evaluation of Minor Subdivision The proposed subdivision qualifies as a minor subdivision because the property located at 1711 Xerxes Ave N consists of existing platted lots of record, the proposed subdivision will produce fewer than four lots, and the action will not create the need for public improvements. According to Section 12.50 of the City's Subdivision Code, the following are the regulations governing approval of minor subdivisions: 2 1. Minor subdivisions shall be denied if the proposed lots do not meet the minimum area and dimension requirements for the Zoning District in which they are located, or if vehicular access is not provided from an abutting improved street. Both proposed lots meet the requirements of the Single Family Residential (R-1) Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. The City Engineer finds that the lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. The addition of the new lots would not place an undue strain on City utility systems. 4. Approval of the minor subdivision shall be conditioned on the granting of certain easements to the City. As documented in the City Engineer's memo, standard drainage and utility easements along all property lines would be required. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunity to comment and approval may be conditioned on the requirements of the outside agency. Not applicable. 6. The City may ask for a review of title if required by the City Attorney for dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the Final Plat. 7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of $1,980 (6% of the estimated land value with credit for one existing unit) would be required for this subdivision. 8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions. Staff finds all conditions have been met. Recommended Action Staff recommends approval of the proposed minor subdivision subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of$1,980 shall be paid before release of the Final Plat. Attachments: Location Map (1 page) Memo from the Engineering Division dated October 2, 2018 (3 pages) Tree Inventory (1 page) Plans submitted August 30, 2018 (1 page) 3 city of go1den,*z *.**'4' E M 0 R A N D valley, Physical Development Department 763-593-8095/763-593-8109(fax) Date: September 28, 2018 To: Jason Zimmerman, Planning Manager From: Jeff Oliver, PE, City Engineer Eric Eckman, Development and Assets Supervisor Subject: 1711 Xerxes Ave N —Minor Subdivision Review Engineering staff has reviewed the application and plans for the proposed minor subdivision of property located at 1711 Xerxes Avenue North. The subdivision consists of splitting one parcel into two new parcels. The Applicant proposes to retain the existing house at 1711 Xerxes and create a new parcel on the western one-third of the existing property. The new parcel will have driveway access onto York Avenue. The comments contained within this review are based on the plans submitted to the City on August 30, 2018. 1. Survey and Preliminary Plat. a. Please utilize an elevation benchmark from the City's benchmark system and show and label it on the survey. b. The existing property proposed for development consists of Lots 3, 4, 36, and 37, Block 3, of the McNair Manor subdivision. City records indicate there are no platted easements or easements of record across this property. However, the developer must check Hennepin County records and perform a current title commitment prior to final plat approval. c. The City's Subdivision Ordinance requires drainage and utility easements on all plat boundaries (10 feet wide), along streets (10 feet wide), and along interior lot lines (12 feet wide centered on lot line). The preliminary plat must be updated to show the proposed easements prior to final plat consideration. d. Existing and proposed utilities must be shown on the survey. The City has record drawings available to assist with this effort and will locate and mark the City utilities consistent with state law. The developer and/or contractor is responsible for coordinating the location and surveying of the utilities in order to determine the availability of utility connections. e. Each lot must have its own driveway access and the new driveway must meet city code requirements and engineering standards including the installation of a concrete curb cut and apron. A City Right-of-Way Management Permit is required for the construction of new driveways. In order to protect the City's investment in its infrastructure, no curb cuts or pavement excavations are allowed between November 1st and the date that spring load restrictions are lifted by MnDOT, typically in April or May. 2. Grading Plan (Stormwater Management). The preliminary plat submitted with this application includes a preliminary grading plan for the new lot. Staff's understanding is that the new lot will be custom-graded at the time of home construction, and therefore a City Stormwater Management Permit will be required before the start of construction. No clear-cutting or mass grading is proposed. The preliminary plan shows an attempt to minimize the disturbance of soils for construction of a home into the wooded slope present in this area. A stormwater management plan that meets City standards is required as part of the permit application. In general, existing drainage patterns in the area must be maintained and stormwater runoff from each property must be minimized to the maximum extent practicable. 3. Tree and Landscape Plan. The Developer has submitted a tree survey and inventory consistent with the City's Subdivision Ordinance. The inventory shows significant and legacy trees present on this site. Staff encourages site design that retains existing healthy trees and vegetation whenever feasible. The developer will need to follow the priority order listed in city code if mitigation is triggered. A tree and landscape permit for the new lot will need to be obtained before beginning any work onsite. Permit submittals include a tabular inventory of significant and legacy trees and a plan showing trees to be removed, protected, and planted. The City Forester will review the plan and inventory in more detail at the time of permitting. 4. Natural Resources Management Plan. Staff consulted the City's natural resources management plan. The proposed development is located on the northeast edge of a woodland area consisting of hardwood trees such as oak, linden, hackberry and a variety of maple species. A significant amount of buckthorn is also present in this area, although it appears it has been removed from this property recently. Because the property is adjacent to Theodore Wirth Regional Park, a large public nature area,the development of this property is not expected to have a significant impact on the City's natural resources. However, as noted above, staff encourages site design that retains existing healthy trees and vegetation whenever feasible. Consistent with the City's natural resources plan, staff recommends managing buckthorn and any other exotic, invasive/aggressive, or noxious vegetation located on the property as part of this development and in accordance with state and local laws. 5. Utilities. The City's water, sanitary sewer, and storm sewer systems have adequate capacity to accommodate the proposed development. Following are additional comments on the utilities: a. The existing survey and preliminary plat do not show the location of all existing and proposed utilities and services. The developer or contractor must submit a proposed utility plan for the new lot prior to issuance of permits. b. The City water and sanitary sewer mains appear to be located under the street and will require the Developer to excavate the pavement to accommodate the connections. Impact and disruption to traffic and utility service must be minimized to the extent feasible during construction. Staff will review the utility and restoration plan in more detail at the time of permitting. c. According to city code, the sump pump discharge from all new homes must be piped underground and connected to the City storm sewer system when available. In this case, a storm sewer is available on York Avenue in front of the new parcel. d. A Right-of-Way Management Permit is required for all excavations and obstructions within City right-of-way. The Developer or Contractor will be required to obtain the appropriate sewer, water, and storm sewer permits for the removal, rehabilitation, or installation of utility services. e. Sanitary Sewer Inflow and Infiltration (1/1) Reduction. The sewer service at 1711 Xerxes is not compliant with the City's 1/1 Ordinance. However, an inspection was scheduled and results are pending review by the City. If repairs are necessary, they must be made or funds escrowed with the City to ensure compliance. The new home must be inspected and obtain compliance with the City's 1/1 Ordinance prior to occupancy. 6. Right-of-Way Management. A City Right-of-Way Management Permit is required for the proposed excavations and obstructions within public streets, rights-of-way, and easements. Excavated streets must be restored to meet City standards. Summary and Recommendations Engineering staff recommends approval of the proposed minor subdivision located at 1711 Xerxes Avenue North subject to the conditions and comments contained in this review. Approval is also subject to the review and comments of the City Attorney and other City staff. Please feel free to call me if you have any questions regarding this matter. 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Public Hearing - Conditional Use Permit 119, Amendment 3 - 800 Boone Avenue North Prepared By Jason Zimmerman, Planning Manager Summary At the City Council meeting of September 20, 2018, the Council voted to revoke Conditional Use Permit (CUP) 119 for an adult day care use at 800 Boone Avenue North due to repeated violations of the conditions of the permit approved by the Council on August 3, 2011. The Council also voted to stay the revocation until November 7, 2018, and referred the matter to the Planning Commission to allow for the consideration of any amendments to the existing conditions. The Planning Commission discussed CUP 119 at their meeting on October 8, 2018, and subsequently held a public hearing on October 22, 2018, in order to consider amendments to the CUP. At the conclusion of that meeting, the Commission voted to postpone further consideration to their regular meeting of November 26, 2018. Therefore, staff is recommending the City Council extend the stay of the revocation to its meeting on December 18, 2018, at which point a recommendation from the Planning Commission should be complete. Recommended Actions Open the public hearing and then move to continue consideration of Conditional Use Permit 119, Amendment 3, 800 Boone Avenue North, to the December 18, 2018, City Council meeting. Motion to extend the stay of the revocation of Conditional Use Permit 119 until December 18, 2018.