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05-07-19 CC Agenda Packet (entire)      REGULAR MEETING AGENDA      1.  Call to Order    A.  Pledge of Allegiance  Pages    B.  Roll Call      C.  Proclamation for Arbor Day and Arbor Month  3‐4    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 – March 12, 2019   5‐6      2.  City Council Meeting – April 16, 2019  7‐12    B.  Approval of City Check Register  13    C.  Licenses:       1.  Gambling License Exemption and Waiver of Notice Requirement – Golden Valley  Legion  14‐16      2.  Temporary Liquor License for Born Passion at Theodore Wirth Golf Course  17    D.  Minutes of Boards and Commissions:        1.  Planning Minutes – April 8, 2019  18‐20      2.  Board of Zoning Appeals – March 26, 2019  21‐25      3.  Environmental Minutes – March 25, 2019  26‐28      4.  Civil Service Minutes – February 4, 2019  29‐31      5.  Bassett Creek Watershed Management Commission – March 21, 2019  32‐38    E.  Authorize Grant Agreement for Bassett Creek Nature Area Habitat Restoration  39‐67    F.  Approve License Agreement with Golden Valley Orchestra   68‐72    G.  Receipt of March 2019 Financial Reports  73‐86    H.  Support Grant Application by Golden Valley Historical Society for Historical Context Study  19‐27  87‐90    I.  Authorize Cost Participation Cooperative Agreement with Hennepin County for DeCola  Ponds Project  91‐104    4.  Public Hearing      5.  Old Business    May 7, 2019 – 6:30 pm  Council Chambers  Golden Valley City Hall  7800 Golden Valley Road  City of Golden Valley     City Council Regular Meeting  May 7, 2019 – 6:30 pm          2    6.  New Business    All Ordinances listed under this heading are eligible for public input.    A.  Second Consideration – Ordinance #662 – Amendment to City Code Section 16‐193:  Contract and Licensing Requirements  105‐107    B.  Review of Council Calendar      C.  Mayor and Council Communications      7.  Adjournment                      Executive Summary For Action  Golden Valley City Council Meeting  May 7, 2019    Agenda Item   1. C. Proclamation for Arbor Day and Arbor Month    Prepared By  Al Lundstrom, Park Maintenance Supervisor  Tim Teynor, Assistant City Forester    Summary  The City of Golden Valley was recently awarded the 2018 Tree City USA Award. It is the 32nd  consecutive year Golden Valley has received this national recognition. Tree City USA recognizes  communities that have proven their commitment to an effective, ongoing community forestry  program. Tree City USA is sponsored in cooperation with the National Association of State  Foresters and the USDA Forest Service.     To become a Tree City USA, a community must meet four standards:   1. Operate a forestry division  2. Have a tree ordinance  3. Manage a comprehensive community forestry program  4. Observe Arbor Day    This year’s Arbor Day activities will be celebrated at the Good Shepherd School, 145 Jersey  Avenue South, in Golden Valley on May 15, 2019 at 10 am.     Attachments   Proclamation for Arbor Day ‐ May 15, 2019 and Arbor Month ‐ May 2019 (1 page)    Recommended Action  Motion to adopt a Proclamation for Arbor Day ‐ May 15, 2019 and Arbor Month ‐ May 2019 in  the City of Golden Valley.         CITY OF GOLDEN VALLEY PROCLAMATION FOR RECOGNITION ARBOR DAY AND ARBOR MONTH - MAY 2019 WHEREAS, Golden Valley’s urban forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Golden Valley today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts. NOW, THEREFORE, I, Shepard Harris, Mayor of the City of Golden Valley, have proclaimed May 15, 2019 as Arbor Day and May as Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program. BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley’s great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 15th day of May 2019. __________________________ Shepard M. Harris, Mayor      REGULAR MEETING MINUTES    The meeting began at 6:32 pm in the Council Conference Room.    Present:  Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian  Rosenquist and Steve Schmidgall  Staff present:   City Manager Cruikshank, City Attorney Cisneros, Physical Development Nevinski,  City Engineer Oliver, Senior Planner/Grant Writer Goellner, Planning Manager  Zimmerman    1. 2019 CenterPoint Energy Belt Line Gas Project    Mr. Dustin Daniels, CenterPoint Energy representative, provided an update on the Belt Line Gas  project scheduled in 2019 for the areas of Winnetka Avenue, Western Avenue, Ewald Terrace,  Sumter Avenue, Wayzata Blvd, Pennsylvania Avenue and Golden Valley Road. The update  included the neighborhood notification process, detour routes, and a traffic control plan. Mr.  Daniels said CenterPoint Energy and the City would be hosting an open house for residents and  added that construction updates and the traffic control plan would be on their website. City  Engineer Oliver and Physical Development Director Nevinski answered questions from Council.    The Council discussed the construction project including the traffic plan and communication to  residents during the construction. Council thanked the CenterPoint representatives for coming.      2. HRA Levy and Affordable Housing Policy Update  Senior Planner/Grant Writer Goellner presented an update on the Affordable Housing Policy and an  overview of possible new policy options that may be further developed in the 2019 housing work  plan. She said the policies that may be considered were a tax incentive, development of City owned  vacant parcels, adoption of a Housing and Redevelopment Authority (HRA) Levy funding program  and further strategic planning and policymaking. Ms. Goellner answered questions from Council.     City Attorney Cisneros, Planning Manager Zimmerman, City Manager Cruikshank and Physical  Development Director Nevinski answered questions.    The Council discussed the tax incentive plan, a possible HRA Levy, senior housing needs, dedicating  money for further studies and the proposed strategic planning. The consensus was to move slowly  forward with a strategic plan and conduct further discussion regarding a possible HRA Levy. Staff will  bring an update to a future HRA meeting.    3. Small Wireless Facilities and Small Wireless Aesthetic Standards Discussion    Mayor Harris recused himself from the discussion because he works with a telecom company.    Mayor Pro‐Tem Clausen presided over the item.     Mar 12, 2019 – 6:30 pm  Council Conference Room  Golden Valley City Hall  7800 Golden Valley Road  City of Golden Valley     City Council/Manager Regular Meeting Minutes  Mar 12, 2019 – 6:30 pm        2  3.  Small Wireless Facilities and Small Wireless Aesthetic Standards Discussion ‐ continued  City Engineer Oliver presented the staff report and provided an overview of the new FCC rules  regarding small cell wireless facilities, the status of the permitting process and information on the  proposed small wireless aesthetic standards. He answered questions from Council.    City Attorney Cisneros provided additional information on the standards and said they would apply to  a small wireless facility permit application to be used for pole placement in public rights‐of‐way. She  said the City’s deadline for aesthetic requirements is April 15, 2019. Ms. Cisneros said staff  recommends an ordinance be brought forth at the March 19 Council meeting in order to meet the  deadline.     There was Council discussion regarding pole placement, how many poles would be added, the size of  the poles, and how to communicate this message to the Golden Valley residents. The Council  consensus was to bring forward an ordinance to the March 19 Council meeting.     4. Flood Mitigation Cost Share Reimbursement Policy  City Engineer Oliver presented the staff report and provided information on the long time flooding  issues that the City has had, background information on the Bassett Creek Watershed Commission,  previous damage that flooding has caused and current efforts the City has been involved in to reduce  flooding. He said this policy would benefit the entire community by providing residents with  assistance with the cost of flood proofing their homes. He answered questions from Council.    City Attorney Cisneros provided additional information on the proposed policy and answered  questions from Council. City Manager Cruikshank answered questions from Council regarding the  funding source and further explained the policy.      The Council discussed the proposed Flood Mitigation Cost Share Reimbursement Policy and the  consensus was to bring the policy to a future Council meeting for approval.     4. Council Review of Future Draft Agenda: City Council March 19, April 2 and Council/Manager April 9,  2019    There was Council discussion regarding the League of Women Voter’s garbage hauling study. Council  Member Rosenquist said she would inquire as to when the study would be ready and let the rest of  the Council know. No changes were submitted for future agendas.     The meeting adjourned at 9:07 pm.                                                                                                            ________________________________                                                                                                  Shepard M. Harris, Mayor    _________________________________  Kristine A. Luedke, City Clerk  REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:53 pm by Mayor Harris. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke 1C. Introduction of Metropolitan Council Representative Lynnea Atlas-Ingebretson Metropolitan Council Commissioner Atlas-Ingebretson was in attendance. She provided information about her background, her district and other commissions she has served on and answered questions from Council. Council welcomed her to the Met Council. 2. Additions and Corrections to Agenda MOTION made by Council Member Clausen, seconded by Council Member Schmidgall to approve the agenda of April 16, 2019, as submitted and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to approve the consent agenda of April 16, 2019, as revised: removal of 3D3-Open Space & Recreation Commission minutes, 3G-2018 General Fund Transfer and Assignment of Fund Balance and 3H- Board and Commission Appointments and Reappointments and the motion carried. 3A1. Approve Minutes of Council/Manager Meeting – February 12, 2019. 3A2. Approve Minutes of City Council Meeting – April 2, 2019. 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Licenses: 1. Authorize receive and file the gambling license exemption and approve the waiver of notice requirement for School of Engineering & Arts PTA. 3D. Minutes of the Boards and Commissions: 1. Planning Commission – March 25, 2019 2. Rising TIDES Task Force – February 12, 2019 3. Open Space & Recreation Commission – February 25, 2019 3E. Bids and Quotes: 1. Authorize purchase and installation of the Scheid Park playground equipment from Landscape Structures and Flagship Recreation for a project total of $58,858.74. 2. Approve purchase of Skyjack SJIII 3219 DC Electric Scissor Lift from Ziegler Inc. in the amount of $11,004.40. Apr 16, 2019 – Immediately following HRA Meeting Council Chambers Golden Valley City Hall City of Golden Valley City Council Regular Meeting Minutes Apr 16, 2019 – 6:55 pm 2 3. Approval of Consent Agenda – continued 3. Award improvement project with the six alternate improvements to Town & Country Fence for the ballfield and dugout improvements at Wesley, Lions and Schaper Parks for a total amount of $112,375. 4. Approve purchase of a Bobcat 5610 Toolcat and attachments from Tri-State Bobcat Inc. in the amount of $54,947.80, trade in of unit 469 to Tri-State Bobcat Inc. if the $3,600 reserve is not met at auction and enroll in Tri-State Bobcat Inc. Annual Trade-Out Program in the amount of $4,500. 5. Authorize contract with Traffic Marking Service, Inc. for the 2019 Pavement Marking Project No. 19-11 in the amount of $15,910.20. 3F. Authorize the City Manager to sign the agreement with Twin City Tennis Camps. 3G. 2018 Positive Performance-General Fund Transfer and Assignment of Fund Balance 3H. Board and Commission Appointments and Reappointments. 3. ITEMS REMOVED FROM THE CONSENT AGENDA 3D4. Open Space & Recreation Commission Minutes of February 25, 2019 Council Member Rosenquist said the Park & Recreation Department has a new Junior Park Leader Program for 14 and 15 year olds. MOTION made by Council Member Rosenquist, seconded by Council Member Clausen to receive and file the Open Space & Recreation Commission minutes of February 25, 2019, and the motion carried. 3G. 2018 Positive Performance-General Fund Transfer and Assignment of Fund Balance City Manager Cruikshank provided information on the general fund transfer. Mayor Harris provided additional information and thanked staff for being fiscally conservative. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Resolution 19-26, authorizing the Transfer of $1,494,500 from the General Fund to the Street Reconstruction Fund. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 3H. Board and Commission Appointments and Reappointments City Manager Cruikshank said the Council met before tonight’s meeting to discuss the vacancies and current commissioners interested in being reappointed. They also interviewed additional applicants for the open positions. Council thanked the Board and Commission members for their service to the City of Golden Valley. MOTION made by Council Member Clausen, seconded by Council Member Rosenquist to approve the following Board and Commission appointments and reappointments and the motion carried. City of Golden Valley City Council Regular Meeting Minutes Apr 16, 2019 – 6:55 pm 3 3H. Board and Commission Appointments and Reappointments - continued Appointment: Planning Commission Ryan Sadeghi 1 year - expires 5/1/20 Reappointments: Human Rights Commission Open Space and Recreation Commission Maurice Harris 3 years - expires 5/1/22 Roger Bergman 3 years - expires 5/1/22 Kyle Scott 3 years - expires 5/1/22 John Cornelius 3 years - expires 5/1/22 Jonathan Burris 3 years - expires 5/1/22 Matthew Sanders 3 years - expires 5/1/22 Carrie Yaeger 3 years - expires 5/1/22 Della Daml, youth 1 year - expires 5/1/20 Board of Zoning Appeals Environmental Commission David Perich 1 year - expires 5/1/20 Tonia Galonsk 3 years - expires 5/1/22 Andy Snope 1 year - expires 5/1/20 Debra Yahle 3 years - expires 5/1/22 Nancy Nelson Richard Orenstein 1 year - expires 5/1/20 1 year - expires 5/1/20 Joseph Ramlet, youth 1 year - expires 5/1/20 Planning Commission Human Services Commission Rich Baker 3 years - expires 5/1/22 Aaron Black 3 years - expires 5/1/22 Adams Brookins 3 years - expires 5/1/22 Denise La Mere- Anderson 3 years - expires 5/1/22 Civil Service Commission Gloria Kumagai 3 years - expires 5/1/22 4. Public Hearing 4A. Public Hearing for Temporary Drawdown of DeCola Ponds A, B, and C Development and Assets Supervisor Eckman presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. Mayor Harris opened the public hearing. Mr. Howard Schwartz, 2400 Winnetka Heights Drive, asked if the water is lowered in Pond C what effect it would have on the water flow into Pond D. Mr. Norman Nelson, 7620 Winnetka Heights Drive, said when the pond water is drawn down to expect to find debris which he hopes will be cleaned up. He also said that there is a path by the ponds that he hopes would be replaced because he uses it with his electric scooter. Mayor Harris closed the public hearing. There was Council discussion regarding the project and they thanked the City staff for their efforts on this project. City of Golden Valley City Council Regular Meeting Minutes Apr 16, 2019 – 6:55 pm 4 4A. Public Hearing for Temporary Drawdown of DeCola Ponds A, B, and C - continued MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to direct staff to receive and file all public comments associated with this public hearing for the Temporary Drawdown of DeCola Ponds A, B, and C and the motion carried. 5. Old Business 6. New Business 6A. First Consideration – Ordinance #662 – Amendment to City Code Section 16-193: Contract and Licensing Requirements Physical Development Director Nevinski presented the staff report and answered questions from Council. City Manager Cruikshank answered questions from Council. Ms. Marti Mickes, 90 Louisiana Avenue, a member of the Golden Valley League of Women Voters, said that she was speaking only on her behalf but added the League and City have done a lot of work on this issue. She said she was fired up because staff was recommending a cap of 10 licenses for garbage hauling and recycling. She said she thought currently that there was seven licensed companies but Mr. Nevinski clarified that a couple of them were specialized haulers. She thanked Council for bringing this issue forth and capping the amount of licenses. There was Council discussion regarding the proposed ordinance MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt first consideration, Ordinance #662, amendment to Section 16-193: Contract and Licensing Requirements. Upon a vote being taken the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist and Schmidgall, the following voted against: none and the motion carried. 6B. Second Consideration – Ordinance #661 – Amendment to City Code for the Addition of New Micromobility Sharing Operations Section and Amending the Master Fee Schedule Physical Development Director Nevinski presented the staff report and answered questions from Council. There was Council discussion regarding the proposed ordinance for the new micromobility sharing operation section. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt second consideration, Ordinance #661, amending the City Code by Adopting a new Section entitled Micromobility Sharing Operations and amending the Master Fee Schedule. Upon a vote being taken the following voted in favor of: Fonnest, Harris, and Rosenquist, the following voted against: Clausen and Schmidgall and the motion carried. City of Golden Valley City Council Regular Meeting Minutes Apr 16, 2019 – 6:55 pm 5 6B. Second Consideration – Ordinance #661 – Amendment to City Code - continued MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve Summary of Ordinance #661, for Publication based on the finding that the title and summary clearly inform the public of the intent and effect of the ordinance and the motion carried. 6C. Review of Council Calendar The 2019 Open Book meeting will be held on April 23, 2019, from 4 to 6 pm in the Council Conference Room. Some Council Members may attend the Metro Cities Annual meeting on April 24, 2019, at 5:30 pm at the Como Park Zoo & Conservatory located at 1225 Estabrook Drive, St Paul. Some Council Members may attend the Golden Valley Business Council meeting on April 25, 2019, from 7:30 to 9 am at Brookview located at 316 Brookview Parkway. Some Council Members may attend the 34th Annual TwinWest Gala on April 26, 2019, from 6:30 to 11 pm at the Metropolitan Ballroom located at 5418 Wayzata Blvd. Some Council Members may attend the Board/Commission Recognition Dinner on April 29, 2019, starting at 5:30 pm at Brookview located at 316 Brookview Parkway. The 2019 Step To It Challenge will run from May 1 through May 28, 2019. Some Council Members may attend the 2019 Bike Rodeo on May 2, 2019, at 6 pm at the Sonnesyn Elementary Parking Lot located at 3421 Boone Avenue, New Hope. Some Council Members may attend the 2019 Animal Humane Society’s Walk for Animals on May 4, 2019, from 8 am to 1 pm at the Golden Valley Animal Humane Society located at 845 Meadow Lane North. Some Council Members may attend the Global Golden Valley International Student visit event on May 7, 2019, at 5:30 pm in the Council Conference Room. The next City Council Meeting will be held on May 7, 2019, at 6:30 pm. 6D. Mayor and Council Communication Council Member Clausen thanked the Human Services Commission, city staff, sponsors and volunteers for a successful Run the Valley event. City of Golden Valley City Council Regular Meeting Minutes Apr 16, 2019 – 6:55 pm 6 7. Adjourn MOTION made by Council Member Schmidgall, seconded by Council Member Clausen and the motion carried unanimously to adjourn the meeting at 8:30 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments • Document is located on city website at the following location: http://weblink.ci.golden- valley.mn.us/Public/Browse.aspx?startid=717279&dbid=2. • The check register for approval: o 05/03/2019 Check Register Recommended Action Motion to authorize the payment of the bills as submitted. Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement – Golden Valley American Legion Post #523 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 Golden Valley American Legion Post #523. MINNESOTA LAWFUL GAMBLING 11/17 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event,the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is$ISO. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less,contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION OrganizationF J 16 ��L }s2 Previous Gambling Name: v L ez 3 Permit Number: Minnesota Tax ID Federal Employer ID Number, if any: ,' Number(FEIN), if any: ;7042Mailing Address: N ' �` �6 /n� C— L. tt%,V sr City: Vim'( 1'x'"1 State: Vl Zip:55 Lt ZZ County: Name of Chief Executive Officer(CEO): ,ta^_l a .n r` CEO Daytime Phone. CEO Email: (permit will be emailed to this email addr unless otherwise Indicated below) Email permit to(if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): Q Fraternal = Religious ED eterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) Elcurrent calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803,or toll free 1-877-551-6767 aIRS Income tax exemption (501(c))letter In your organization's name Don't have a copy? To obtain a copy of your federal Income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑ IRS-Affiliate of national,statewide,or international parent nonprofit organization (charter) If your organization falls under a parent organization,attach copies of both of the following: 1. IRS letter showing your parent organization Is a nonprofit 501(c)organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place); _ Csy �I UUt 3 Physical Address(do not use P.O. box): 2e,(, A/ L 14�' (Jl`1'�C Gv , Check one: t yZCity: eA \rAt%rti Zi 554 Zip: 'ZZ County: ❑Township: Zip: _ County: Date(s)of activity (for raffles, indicate the date of the drawing): 77— 1-7 ?A.>I Check each type of gambling activity that your organization will conduct: Q Bingo =Paddlewheels a Pull-Tabs a TipboardsE:B`R'affle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit Page 2oft2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located In a township The application is acknowledged with no waiting period. he application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period,and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application Is'denied. (r �� r ' Dhe application is denied. Print City Name: G V'diph Gila �`GN !_ Print County Name: Signatur of City Pe sonnel:� Signature of County Personnel: Title: L �� (�` IY < Date:--4—/,S—I / Title: Date: TOWNSHIP(if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The Information provided in this application Is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Bthin 0 days of the event date. Chief Executive Officer's Signature: _0[ wiL A.Q-O V5 ) Date: 1 L'%a) Y (Signature mus CEO's signature;designee may not sign) Print Name: REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day, application fee(non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee Is $100; otherwise the fee Is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity Is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166,subd. 2(f)). 651-539-1900. Data privacy notice: The Information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration,Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue;Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be Involved in lawful gambling activities In Board Issues the permit. When the Board Issues regulatory agencies;anyone pursuant to court Minnesota. Your organization has the right to the permit,all Information provided will become order; other Individuals and agencies specifically refuse to supply the information; however,If public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the Information;Individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was as a consequence,may refuse to Issue a permit. about your organization are available to Board given;and anyone with your written consent. If your organization supplies the Information members,Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in alternative format(i.e.large print,braille)upon request. An equal opportunity employer                         Executive Summary For Action  Golden Valley City Council Meeting  May 7, 2019    Agenda Item   3. C. 2. Temporary On‐Sale Liquor License – Born Passion    Prepared By  Kris Luedke, City Clerk    Summary  The Born Passion organization, 4294 Dahlberg Drive, Golden Valley has applied for a temporary  on‐sale liquor license for Friday, June 21, 2019, from 12 to 7 pm for the Chip’n for Charity 3rd  Annual Golf Tournament located at Theodore Wirth Park, 1301 Theodore Wirth Parkway.    The City Code does provide for temporary sales of liquor with Council approval. Also, required is a  certificate of liquor liability insurance naming the City as an additional insured in the amount of  $1,000,000. The Born Passion organization has provided this certificate for their event.    Recommended Action  Motion to approve a temporary on‐sale liquor license for Born Passion, 4294 Dahlberg Drive,  Golden Valley for their event at Theodore Wirth Park, 1301 Theodore Wirth Parkway on June 21,  2019.    REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7 pm by Chair Baker. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Lauren Pockl, Chuck Segelbaum Commissioners absent: Andy Johnson Staff present: Planning Manager Jason Zimmerman, Senior Planner/Grant Writer Emily Goellner, Administrative Assistant Lisa Wittman Council Liaison present: Steve Schmidgall Approval of Agenda MOTION made by Brookins, seconded by Pockl to approve the agenda of April 8, 2019, as submitted and the motion carried. Approval of Minutes March 25, 2019, Regular Planning Commission Meeting Baker referred to other business section of the minutes and stated that he would like to add that Mayor Harris also attended the neighborhood meeting discussed. MOTION made by Segelbaum, seconded by Brookins to approve the March 25, 2019, minutes with the above noted change and the motion carried. Discussion – Mixed Use Zoning District Zimmerman explained that the current Mixed Use Zoning District is targeted for the I-394 corridor and that staff wants to write some new code language that could apply to other mixed use areas. He stated that the current code language hasn’t been very effective in getting mixed use development so the goal is to simplify the language for applicants and staff in order to get more interest in utilizing the Mixed Use District. Baker said he wants to be mindful when reviewing the existing code language rather than rushing into disassembling the entire code. He asked about the history of the existing Mixed Use Zoning District. Zimmerman stated during the last Comprehensive Plan update in 2008-2009 the City hired a planning consultant and did a big I-394 Corridor study. He stated that the code language that resulted tried to not force out existing Industrial properties but allow them to continue which is why it has been hard to administer. He stated that after 10 years of working with the current code it has proven difficult and that Apr 8, 2019 – 7 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Planning Commission Regular Meeting Apr 8, 2019 – 7 pm 2 staff is not trying to start over, they are trying to simplify it now that they have more experience with what works and what doesn’t. He gave the Commissioners two scenarios of hypothetical development proposals located in the I-394 Mixed Use Zoning District and asked them to try to analyze and evaluate each scenario using the current code language to determine how the scenarios meet height, parking, site layout, setback regulations, etc. The Commissioners discussed the two scenarios including: buffer areas adjacent to R-1 Residential properties, what uses are allowed, conditional, or not permitted, setbacks, height, mix of uses, etc. Baker referred to mixed use developments that consist of retail on the first floor with residential above and asked if that is possible. Zimmerman said he has heard from developers that developments like that are really hard to finance and it is challenging to fill vacant first floor retail space. He stated that consultants have said it would be better to create code language that allows for that type of development but doesn’t require it. Zimmerman discussed the current language regarding setbacks, impervious surface, Floor Area Ratio (FAR), and development standards. Goellner suggested that the language list uses by use and not by size requirements and added that the entire Zoning Code will eventually have use tables. Schmidgall said he wants more flexibility in the Code to allow for creative uses. He stated that the City is also trying to protect the green space on the north side of Laurel Avenue. He said he wouldn’t advocate building in that area, but he feels like it could be more useful to people with paths, benches, etc. Blum said he thinks parking in front of buildings should be fully restricted to encourage walkability. Goellner referred to the existing height requirements and said that the language about transitional height is confusing and that she would like there to be maximum height language instead. Blum suggested considering more than a two-story minimum and said he would like to distinguish between floors and stories such as a three floor office building versus a three story warehouse to help reach walkability goals. Blum asked if any thought has been given to how an internal street looks compared to an external street. Zimmerman said he agrees that street character and different street widths have an effect on walkability. Zimmerman stated that the goal is to look at what the TOD study suggested and to hopefully merge the existing code language with some new code language and get a hybrid that will work in other mixed use areas. City of Golden Valley Planning Commission Regular Meeting Apr 8, 2019 – 7 pm 3 Council Liaison Report Schmidgall stated that the Downtown Study will be discussed at the next Council/Manager meeting. He stated that at the last City Council meeting they considered an ordinance regarding micromobility companies having dockless bikes and scooters in the City. He said they also considered ordinances regarding wireless towers and changes to the massage therapy regulations. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings No other meetings were discussed. Other Business No other business was discussed. Adjournment MOTION by Blum, seconded by Pockl and the motion carried unanimously to adjourn the meeting at 8:20 pm. ________________________________ Ron Blum, Secretary _________________________________ Lisa Wittman, Administrative Assistant REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7:03 pm by Vice Chair Orenstein. Roll Call Board Members present: Richard Orenstein, David Perich, Andy Snope and Planning Commissioner Ron Blum Board Members absent: Nancy Nelson Staff present: Senior Planner/Grant Writer Emily Goellner and Administrative Assistant Lisa Wittman Approval of Agenda MOTION made by Snope, seconded by Blum to approve the agenda of March 26, 2019, as submitted and the motion carried. Approval of Minutes MOTION made by Perich, seconded by Snope to approve the minutes of February 26, 2019, as submitted and the motion carried. Commissioner Blum abstained. Agenda Items 2560 Byrd Avenue North Eric Munt and Bridget Foss, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements • 28.75 ft. off of the required 35 ft. to a distance of 6.25 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage and screened porch addition. Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(c)(2) Side Yard Setback Requirements • 7.8 ft. off of the required 12.5 ft. to a distance of 4.7 ft. at its closest point to the side yard (south) property line to bring the existing home into conformance. Goellner referred to a site plan of the property and explained the applicants’ request to build a new garage and screened porch addition on the north side of the existing house. She explained that the Mar 26, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley BZA Regular Meeting Mar 26, 2019 – 7 pm 2 existing home is 29 feet from the north property and that the proposed new garage would be 6.25 feet from the north property line. The required front (north) setback is 35 feet. Perich asked about the amount of right-of-way along the north property line. Goellner said there is approximately 20 feet of right-of-way. Goellner explained that the second variance request is needed in order to bring the existing home into conformance with Code requirements because the existing house is located 4.7 feet from the side (south) yard property line rather than the required 12.5 feet. Goellner stated that the applicants said the unique circumstances in this case include the fact that the home was built into a hill, they want to maintain the distinct front window, the proposed addition would be the same height as the existing home, and there are other screened porches over garages in this area so their proposal would be consistent with the neighborhood character. Goellner referred to a topographic map of the area and stated that there is an approximate 12 foot elevation change across the lot. She discussed the staff analysis which includes: additional garage space and a screened porch are reasonable uses of the property; the existing home was built in a non- conforming location; the proposed new garage size is reasonable; it would be difficult if not impossible to build a second garage stall onto the existing garage without a variance; this is a relatively large front yard setback variance request, and it does not appear that all options to reduce or eliminate the need for a front yard setback variance have been explored or deemed completely impractical. Goellner referred to a map of the area that illustrated the front yard setbacks of other corner lots along 26th Avenue and stated that the applicants’ request to build a garage 6.25 feet from the north property line seems too close. Goellner stated that staff is recommending denial of the requested front yard variance because the variance is too large and because the applicants could explore other options to relocate the garage that would reduce or eliminate the variance request. She stated that staff is recommending approval of the side yard variance request in order to bring the existing house into conformance with the Code. Perich asked when the house was built. Eric Munt, Applicant, said the house was built in 1947. Orenstein asked if there were alternative solutions or options provided. Goellner said no other alternatives were mentioned in the application. Snope stated that there is 20 feet of right-of-way and questioned if cars parked in the driveway would be located in that right-of-way. Goellner said yes. She stated that she talked to the City of Robbinsdale because that City’s border is the north side of 26th Avenue and they said their front yard setback requirement is 30 feet and that they would not recommend allowing parking in the right-of-way. City of Golden Valley BZA Regular Meeting Mar 26, 2019 – 7 pm 3 Munt said that their front door and address is on the Byrd side of the property and when reviewing the corner lots in this area the driveways are consistently in what he would consider to be a side yard. He said they do have one of the largest front yards but they have a big elevation difference from the back to the front and to put the garage in a different location they would have to build into the hill, would have 50 feet of excavation for gas lines, and a 60 foot long driveway. He discussed other properties in the area that have a similar amount of right-of-way. He said the only other option is to add onto the east side of the house but that is the only flat, usable area and the idea of taking away usable space is not appealing. He said that the way they’ve proposed the garage addition will have the minimum amount of excavation and will be a minimal loss of space. He added that if they built a garage on the west side of the property it would most likely be detached and there would have to be retaining walls and stairs. Orenstein asked about the existing deck on the back of the house. Munt said that could be removed with the porch addition they are proposing. Orenstein asked if they could build in that deck area. Munt said they would lose all of the usable, flat area and that space is very small. Perich asked if the proposed new garage would be in the same space as the existing garage. Munt said it would basically be in the same space. Perich asked about the size of the proposed new garage. Munt said it would be 22 feet x 24 feet in size. Perich asked if that is typical. Goellner said yes. Orenstein opened the public hearing. Seeing and hearing no one wishing to comment, Orenstein closed the public hearing. Blum said it looks like there is a lot of space to work with and he doesn’t think it would be impossible to build without a variance. Perich said the property has two front yards which makes it difficult. The east side of the property will require a variance no matter what and the west side of the property has a large tree which the Board does take into account. He added that a two-stall garage is a reasonable request and that he knows the Board doesn’t factor in cost, but building to the west on this property seems a bit much. Orenstein said that this is a pretty aggressive front yard variance request and even though there are other properties in the area that have garages closer to the property lines than allowed, that is not really a consideration or a valid reason to grant this request. Perich said the proposed garage fits within the character of the area and noted that there is another 20 feet of right-of-way. Orenstein stated that he has no issues with the side yard variance request to bring the existing home into conformance. Blum asked why the Board tends to grant those types of variance requests so easily. Goellner stated that it’s been a practice for many years to grant variances to existing non-conforming City of Golden Valley BZA Regular Meeting Mar 26, 2019 – 7 pm 4 structures in order to bring them into conformance. She suggested that the Board also consider granting a variance for the existing garage if they deny the variance for the proposed new garage so that the existing garage would be brought into conformance. MOTION made by Snope, seconded by Perich to approve a variance for 7.8 ft. off of the required 12.5 ft. to a distance of 4.7 ft. at its closest point to the side yard (south) property line to bring the existing home into conformance and the motion carried unanimously. Snope asked about moving the driveway entrance to the west side of the property. Blum said he is hearing that grade is an issue on the west side. He stated that there are some severe grade changes in Golden Valley and he would not consider the grade so severe in this case that it would require them to build elsewhere. Goellner noted that the applicant could also explore adding a second garage stall to what is already there. Munt reiterated that their back yard is their only usable space and that they don’t want to take a large portion of it away. He explained that the existing garage is low in height and narrow so they couldn’t really add onto it. MOTION made by Blum, seconded by Snope to deny the variance request for 28.75 ft. off of the required 35 ft. to a distance of 6.25 ft. at its closest point to the front yard (north) property line to allow for the construction of a new garage and screened porch addition and the motion carried 3 to 1. Perich voted no. Blum stated that the applicants can re-visit the Board with new plans if needed. MOTION made by Snope, seconded by Blum to approve a variance request for 6.1 ft. off of the required 35 ft. to a distance of 28.9 ft. at its closest point to the front yard (north) property line to bring the existing home into conformance and the motion carried unanimously. 4240 Bassett Creek Drive Paul and Dawn Speltz, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements • 14.52 ft. off of the required 35 ft. to a distance of 20.48 ft. at its closest point to the front yard (west) property line to allow for the construction of a new garage and mudroom addition. Goellner explained that upon review of the application for this variance request staff realized that they needed additional floodplain information and information about the home's distance from Bassett Creek. She said she is waiting to get the information and will bring this item to next month’s meeting. City of Golden Valley BZA Regular Meeting Mar 26, 2019 – 7 pm 5 MOTION made Orenstein, seconded by Perich to table this variance request to the April 23, 2019, Board of Zoning Appeals meeting and the motion carried unanimously. 2018 Annual Report Goellner discussed highlights from the report. She stated that there was a pattern in fence height variances and that staff is continuing to work with people in order to help them avoid asking for variances. Blum stated that the Planning Commission discussed the BZA annual report and it was brought up that the BZA tends to grant variance requests. He stated that if exceptions are granted to rules all the time they become the norm. Orenstein asked if the Board has been too liberal in granting variances. Blum said the Planning Commission opinion seemed to be that the Board could be a little tighter in applying the rules. Goellner added they also should consider if applicants have exhausted all of their options and if they are asking for the smallest variance necessary. Adjournment MOTION made by Snope, seconded by Blum and the motion carried unanimously to adjourn the meeting at 7:55 pm. ________________________________ Nancy Nelson, Chair _________________________________ Lisa Wittman, Administrative Assistant REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Chair Hill. 2. Roll Call Commissioners present: Tracy Anderson, Tonia Galonska, Lynn Gitelis (arrived 6:40pm), Dawn Hill, Scott Seys, Jim Stremel and Debra Yahle Commissioners absent: Joseph Ramlet Council Liaison: Larry Fonnest (arrived 6:40pm) Staff present: Eric Eckman, Development and Assets Supervisor and Claire Huisman, Administrative Assistant 3. Approval of Agenda MOTION by Commissioner Stremel, seconded by Commissioner Anderson to approve the agenda of March 25, 2019 as submitted and the motion carried. 4. Approval of Minutes MOTION by Commissioner Says, seconded by Commissioner Galonska to approve the minutes of February 25, 2019 as submitted with one spelling correction for the name “Seys” and the motion carried. 5A. Draft Pollinator Protection Resolution Eckman reviewed the draft Pollinator Resolution with the Commission. The following remarks and edits were suggested: • #2c – omit the word “forthcoming” • #2d – change the number 32 to read 30 • #3a – add the word “City” before the word “campuses” • Add as “3i” language to include: “Coordinating pollinator efforts with county, state and federal agencies as appropriate.” • #4 – it was agreed that no group shall be named in the resolution but a MOU will be drafted to work with a specific organization. • #6 – add at the end for those receiving copies of the resolution to include: “MPCA, DNR and other appropriate agencies.” • It was suggested that the City put a notice of the Pollinator Resolution on the website and in the city newsletter to alert residents of this new policy once it is approved by Council. March 25, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Environmental Commission Regular Meeting Minutes Mar 25, 2019 – 6:30 pm 2 5B. Draft Annual Report and 2019 Work Plan Eckman reviewed the draft annual report and 2019 Work Plan with the Commission requesting approval of the content. Suggested edits included: • Define the dates as “term expires” on pg. 2 which follow the Commissioners names. • Make note that the Commission’s year runs from May 1st to April 30th. • Rearrange bullets on pg. 4 “2018 Accomplishments” in order of importance. GreenStep Cities accomplishments should be moved to the top of the list as bullets 1 & 2 with the Comprehensive Plan listed after that as bullet 3. Solid Waste Collection, Recycling and Curbside Textile Recycling will fall in line after the Comprehensive Plan as bullets 4 thru 8. The draft pollinator resolution will come in next as bullet 9. • Add the words “and scooter” to the bullet referring to LimeBike bike and scooter share program. • Name the chapters of the Comprehensive Plan that the Environmental Commission helped to develop in the bullet referring to the 2040 Comprehensive Plan. • Pg. 6 2019 Proposed Work Plan – replace the word “host” with a more appropriate word such as “endorse or sponsor” or “assist the City with hosting” under bullet 2. • Pg. 6 – move bullet 7 regarding Natural Resources Management Plan to become bullet 5. • Cover page should include picture of solar array from Resilience and Sustainability Plan. Also, include pictures of Bassett Creek Restoration Project and other pictures of water areas. MOTION by Commissioner Gitelis, seconded by Commissioner Yahle to approve draft Annual Report and 2019 Work Plan with the suggested amendments and the motion carried. 6A. Removing Barriers to Local Food Production Eckman presented the report which identified the different classifications of local food production. The Commission was asked to provide feedback on the various types of farms and gardens and recommend which type of operations should be allowed in the City. Classifications included Home Garden, Community Garden, and Urban Farm (including outdoor, rooftop, indoor, aquaponics, and aeroponics facilities). The Commission provide the following feedback: Home gardening Backyard gardening on single-family properties was seen as acceptable, but there was no consensus on whether or not front yard gardening was okay. Community gardens Would need considerations for location (zoning district), size of garden and property, parking, storage of tools, smell, noise, aesthetics, screening from other uses, site conditions like topography, soils, and availability of water and sunlight, and public demand for garden, among other things. Also, need to clarify whether or not food from community gardens can be sold. Multi-family residential - The Commission supports community gardens on these properties. Employee gardens at businesses – The Commission cited examples of employee gardens in the community. The Commission generally supports these types of gardens if there are City of Golden Valley Environmental Commission Regular Meeting Minutes Mar 25, 2019 – 6:30 pm 3 rules like setbacks and screening. There was a question about whether a restaurant can grow food on site for use in its business. Institutional properties (like schools, religious facilities) – The Commission supports gardens in these locations “by right” but with some rules. An example cited was Valley Presbyterian Church community garden. City-owned properties like parks and campuses – The Commission did not feel that community gardens should be allowed “by right” on City properties. The City should first consider location, site conditions, and demand before allowing a garden. Urban Farming The Commission liked the idea of urban farming, as it can feed thousands, while home gardens and community gardens feed hundreds. The Commission preferred indoor farming and rooftop farming operations to larger outdoor farms which use valuable land for a short growing season. The Commission did not support outdoor operations over 1 acre in size. The Commission thought it was appropriate that indoor and rooftop farming operations be located in business zones such as industrial, light industrial, commercial. The City would also have to consider impacts on the community and other properties such as lighting, smell, and retail sales. For example, should retail sales be allowed only by CUP. Other comments provided by the Commission: • Consult the Community Garden Resource Guide (online, but website may no longer be supported) 6B. Program/Projects Update The complete Program/Project Update is on file. 6C. Council Updates Council member Fonnest stated that the League of Women Voters will be presenting their Solid Waste Report to the Council. The Council may wait for the Commissions review of the report before any final decisions are made. 6D. Other Business Chair Hill reminded the Commissioners that letters were due for those who wished to continue as a Commissioner for another term. Also, election of officers will be during the May meeting. 7. Adjournment MOTION by Commissioner Galonska, seconded by Commissioner Yahle to adjourn the meeting at 8:35pm and the motion carried. ________________________________ Dawn Hill, Chair ATTEST: _________________________________ Claire Huisman, Administrative Assistant MEETING MINUTES Commissioners present: Gloria Kumagai, Chair Andrew Wold, Secretary Ralph Schulz Staff present: Jason Sturgis, Chief of Police Dave Kuhnly, Commander Steve Johnson, Commander Amanda Johnson, Administrative Assistant Council present: None Call to Order The meeting was called to order at 9:01 am by Chair Kumagai. Approval of Agenda There were no additions or corrections to the agenda. Approval of Meeting Minutes Motion by Commissioner Wold to approve the December 17, 2018 meeting minutes. Seconded by Commissioner Schulz. Motion carried 3-0. Old Business None. New Business Chief’s Report Chief Sturgis advised the department implemented body-worn cameras in March 2018 and the benefit has definitely outweighed the cost. The department also handled large events, including the Super Bowl and a visit by the Vice President of the United States. Staffing Projections for 2019 Chief Sturgis advised the department is currently down three officers, and expects an additional opening in May when a sergeant plans to retire. Two new officers start training on 02/11/19, one of which is a current Golden Valley CSO. Officer Evans started work as the new mental health investigator on Feb 4, 2019 – 9 am Public Safety Conference Room Golden Valley Public Safety Building 7700 Golden Valley Road City of Golden Valley Civil Service Regular Meeting Feb. 4, 2019 – 9:00 am 2 01/07/19. Chief Sturgis advised the police department is anticipating two interns starting sometime during the second half of 2019. Commissioner Wold introduced Joelle Allen from the Golden Valley Rising TIDES Task Force and requested the task force be apprised of job openings so members can assist with attempting to diversify the applicant pool. Approval to Initiate Police Officer Hiring Process Chief Sturgis advised he added a 2nd panel interview and an interactive role-playing scenario to the officer hiring process for commission approval. Chair Kumagai inquired whether the oral interview scoring rubric is provided to candidates in advance. Chief Sturgis stated the scoring rubric is not provided, but the oral interview questions are given to candidates in advance to review. Motion by Commissioner Wold to approve the addition of the 2nd panel interview and role-playing scenario to the hiring process. Seconded by Commissioner Schulz. Motion carried 3-0. Chief Sturgis requested approval to initiate a police officer hiring process as there are still two officer vacancies to plan for and candidates on the existing register may or may not still be viable. Motion by Commissioner Schulz to approve the initiation of a police officer hiring process. Seconded by Commissioner Wold. Motion carried 3-0. Approval to Initiate Sergeant Promotion Process Chief Sturgis presented an outline of the sergeant promotion process for commission approval. Motion by Commissioner Wold to approve the sergeant promotion process. Seconded by Commissioner Schulz. Motion carried 3-0. Chief Sturgis requested approval to initiate a sergeant promotion process in anticipation of a sergeant retirement at the end of May. Motion by Commissioner Wold to approve the initiation of a sergeant promotion process. Seconded by Commissioner Schulz. Motion carried 3-0. Commissioner Wold inquired about an outline for the commander promotion process and the chief selection process. Chief Sturgis advised the chief selection process is handled by the city manager and he would look into creating a commander promotion process outline. Commissioner Wold inquired whether the race and gender survey results from the city had been compiled. Chief Sturgis advised he would check with Human Resources to see what data is available. Commissioner Wold asked if there were any changes in staffing in 2018 or any disciplinary actions taken. Chief Sturgis advised there was one internal complaint of a policy violation and one external complaint 1. CALL TO ORDER and ROLL CALL On Thursday, March 21, 2019 at 8:32 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Vice Chair Prom called the meeting of the Bassett Creek Watershed Management Commission (BCWMC) to order. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Dave Anderson Vacant Position Mark Ray Golden Valley Absent Absent Eric Eckman and Jeff Oliver Medicine Lake Clint Carlson Gary Holter Absent Minneapolis Michael Welch Vacant Position Liz Stout Minnetonka Absent Bill Monk Sarah Schweiger, Will Manchester New Hope Absent Pat Crough Megan Hedstrom Plymouth Jim Prom Absent Vanessa Strong Robbinsdale Michael Scanlan Absent Marta Roser St. Louis Park Jim de Lambert Absent Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Barr Engineering Recorder Dawn Pape, Lawn Chair Gardener Creative Services Legal Counsel Dave Anderson, Kennedy & Graven Presenters/ Guests/Public Meg Rattei (Barr), Jake Newhall (WSB), Evan Bisbee (SWLRT), Catherine Cesnik (Plymouth resident) Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, March 21, 2019 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC March 21, 2019 Meeting Minutes Page 2 of 7 2. CITIZEN FORUM ON NON-AGENDA ITEMS No citizens present. Introductions were made around the table. Chair Prom stated he thought it was valuable to have so much expertise in the room. 3. APPROVAL OF AGENDA MOTION: Commissioner Welch moved to approve the agenda. Commissioner Carlson seconded the motion. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. 4. CONSENT AGENDA Commissioner Welch requested to pull item 4F (approval of Southwest Light Rail Transit Project) off of the consent agenda and move to 5A. MOTION: Commissioner Scanlan moved to approve the consent agenda as amended. Commissioner de Lambert seconded the motion. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. The following items were approved as part of the consent agenda: February 21, 2019 Commission meeting minutes, acceptance of the March 2019 financial report, payment of invoices, approval to reimburse Commissioner Scanlan for 2019 Water Summit, approval of Golden Valley 2019 Pavement Management Program Project, approval to appoint Golden Valley Staff Drew Chirpich to Education Committee, approval to execute agreement with Hennepin County for AIS Prevention Grant. The general and construction account balances reported in the March 2019 Financial Report are as follows: Checking Account Balance $ 792,119.31 TOTAL GENERAL FUND BALANCE $ 792,119.31 TOTAL CASH & INVESTMENTS ON-HAND (03/13/19) $ 3,613,385.47 CIP Projects Levied – Budget Remaining $ (4,682,820.63) Closed Projects Remaining Balance $366,564.84 2012-2017 Anticipated Tax Levy Revenue $7,045.36 2018 Anticipated Tax Levy Revenue $10,316.57 Anticipated Closed Project Balance $383,926.77 BCWMC March 21, 2019 Meeting Minutes Page 3 of 7 5. BUSINESS A. Approval of Southwest Light Rail Transit Project (4F of Consent Agenda) Commissioner Welch asked why this was on the agenda since the engineer’s recommendations indicate that a thorough review hasn’t been completed. Commission Engineer Chandler explained that it is a complex project and that it’s difficult to know what aspects changed from the last time the project was approved. She also noted that additional information was sent at the last minute regarding the storm water management plans. She noted that overall the project plans look good but she felt the recommendations needed the caveat that some additional review is still needed. She reported staff is currently in the middle of reviewing it and are feeling comfortable with the plans. Commissioners Welch pointed out that this is a big public works project and that this project may impact the Commission’s Bryn Mawr Water Quality Improvement Project. Engineer Chandler agreed that more stormwater will be directed to Penn Ponds. Alternate Commissioner Monk asked about the timeline for review and approval. Mr. Bisbee replied that construction is starting soon. Commissioner Welch indicated he didn’t see any reason to hold up approval if the review by the Commission engineers continues to be routine. MOTION: Commissioner Welch moved to approve Southwest Light Rail Transit Project with acknowledgement that conditions must be met. Commissioner Scanlan seconded the motion. Discussion: Commission Attorney Anderson summarized that the Commission would be approving the project with conditions. He noted that those conditions should be met or the Commission will have to take affirmative action. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. B. Consider Approval of Crane Lake Feasibility Study Administrator Jester reminded the Commission that in September, the Commission reviewed and discussed the draft feasibility study for this project, which is to be constructed in conjunction with the Ridgedale Drive Reconstruction Project in Minnetonka. Ms. Schweiger, from the City of Minnetonka, told the Commission that the city appreciated the partnership and she outlined the project budget and the city’s proposed financial contribution. Jake Newhall with WSB reviewed the three options proposed in the feasibility study, noting that that they focus on removing total phosphorus and total suspended solids. He noted that much of the area is already receiving stormwater treatment, except for 13.3 acres that currently flow directly into Crane Lake. [Commissioner Carlson departs, Alternate Commissioner Holter becomes Medicine Lake voting member.] Mr. Newhall reviewed the following options: x Option 1 – Construct an underground treatment system beneath the existing Sheraton Minneapolis West hotel parking lot. x Option 2 – Construct an underground treatment system beneath a proposed park just east of Ridgedale Drive. This option also includes some education opportunity in the new park. x Option 3 – Construct an underground treatment system beneath a proposed park just east of Ridgedale Drive to act as pre-treatment (Option 2) before being pumped to a sand infiltration/filtration system in the Crane Preserve Park. This option also includes a better educational component in the new park. Mr. Newhall reported that the city is recommending option 3. He noted the Ridgedale Drive Reconstruction Project is a 2-year construction project and that the park and BMP construction would be in early 2020. Mr. Newhall also reported that the city has contacted Met Council (MCES) about using sanitary sewer for disposal of chloride contaminated effluent. He reported that MCES established a chlorides team to review all sources of chlorides in the sewer system and present findings to their team in the spring of 2019. He noted that for this project, the city is no longer seeking the ability to use the sanitary sewer system for chloride contaminated effluent, but that it’s good to see the Met Council is taking a close look at the situation. BCWMC March 21, 2019 Meeting Minutes Page 4 of 7 Commissioner Monk stated that the Commission should stay informed of what the MCES chloride team decides. He also had question about pipe size and size of storm this system will be able to handle. Mr. Newhall replied that just under first half inch of rain can be stored in the underground tank. Commissioner Scanlan noted concern about the prospect of putting chloride-laden stormwater into the sanitary sewer and wondered about the precedence it could set. Commissioner Welch pointed out that Crane Lake is impaired chlorides, not nutrients and he wondered how this project fits into the overall CIP program. Administrator Jester pointed out that Crane Lake isn’t impaired for nutrients but this is a good opportunity to be proactive and to capture and treat over 13 acres of currently untreated runoff. Alternate Commissioner Monk said we should try to improve even unimpaired waters when an opportunity arises and he noted this is a good innovative project. He wondered, instead, how the cost split between the city and the Commission was calculated and wondered about the timing needs of the city. Mr. Manchester, from the City of Minnetonka, explained that the project is not under a time constraint right now. Their city is spending a total of $12 million on the Ridgedale Drive Reconstruction Project and wanted to partner with BCWMC to provide stormwater treatment and education. Option 1 includes land acquisition, but that’s too expensive. Option 3 has a better educational component. Chair Prom pointed out that the question of who pays which percentage is a larger discussion. MOTION: Alternate Commissioner Monk moved to approve implementing Option 3 of the Crane Lake Improvement Project Feasibility Study with further analysis on the cost share with the city. Commissioner de Lambert seconded the motion. Discussion: Administrator Jester and Engineer Chandler reported that the proposed cost sharing in this instance is in line with the Watershed Plan and current fiscal policies. They noted that typically, the Commission pays for 100% of project costs and cities have the ability to provide funding to improve or expand the project. Administrator Jester was asked to send the fiscal policies related to CIP funding to commissioners. VOTE: Upon a vote the motion failed with Alternate Commissioner Crough voting aye and all others voting nay. MOTION: Commissioner Welch moved to approve the Commission Engineer’s recommendations and to move forward in implementing Option 3 of the Crane Lake Improvement Project Feasibility Study. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. C. Receive Presentation on 2018 Lake Monitoring Results Commission Engineer Chandler introduced Meg Rattei with Barr Engineering. Ms. Rattei proceeded with a presentation on the monitoring results from Westwood Lake and Parkers Lake in 2018. She reported that Parkers Lake has been impaired for chlorides since 2014 and she noted that imperviousness in the lake’s watershed was found to be related to chloride levels. She reported that in 2018, every sampling date had chloride levels above the standard of 230 mg/l and that the northern sub-watershed had the highest chloride loading. Parkers Lake meets standards for total phosphorus and chlorophyll a. There are no significant changes in transparency. The lake plant index of biological integrity (IBI), which measures the numbers and quality of species, will be used in the future to assessment for biological impairments. Parkers Lake plant quality was below the floristic quality standard in August. Ms. Rattei also reported the lake is suitable for most of the six most concerning AIS. Ms. Rattei then reported on monitoring on Westwood Lake. She noted it is a shallow lake so it has different water quality standards than Parkers Lake, which is a deep lake. In short, the chlorides are very low, the total phosphorus and chlorophyll a are excellent and trends are stable. Secchi disc transparency is good, and plant IBI is very good. Of note is the bearded stonewort – a new plant that has greatly expanded and displaced other species. This is a new species to MN and it was found in 34% of the samples. Westwood Lake is suitable for rusty crayfish and faucet snail. The recommendation is to further investigate the bearded stonewort situation to determine if this plant represents a potential problem in the lake. BCWMC March 21, 2019 Meeting Minutes Page 5 of 7 There was some discussion about whether BCWMC CIP projects have positively impacted the lake. Ms. Strong, from the City of Plymouth, noted that chloride reduction measures in the northern subwatershed of Parkers Lake are difficult to implement as the area is largely multifamily and commercial properties with much impervious surface. Mr. Francis noted that since the nature center surrounds Westwood Lake and doesn’t allow outside watercraft, AIS may be less of a threat there. D. Consider Approval of Resolution 19-07 in Support of Chloride Limited Liability Legislation Administrator Jester reported that HF1502 and SF1667 are working their way through the legislature with the goal of limiting the liability of those that apply chloride deicers. She noted it might be appropriate for the Commission to pass a resolution of support. Chair Prom asked for clarification on who would actually see limited liability if the legislation passes. Commissioner Welch responded that property owners are defined as people who hire certified contractors. MOTION: Commissioner Scanlan moved to approve Resolution 19-07 in Support of Chloride Limited Liability Legislation. Commissioner Welch seconded the motion. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. E. Consider Recommendations from Education Committee i. 2019 Education Budget Administrator Jester explained that the Education Committee met on March 7th and that their proposed budget is included in the packet. Commissioner Scanlan asked how this budget compared with last year’s budget. Administrator Jester noted that it is similar with the difference being the 50th anniversary event with $7,000 budgeted for tour, event, and commemorative document. MOTION: Commissioner Scanlan moved to approve the 2019 education budget as presented. Commissioner de Lambert seconded the motion. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. ii. Contract with Lawn Chair Gardener MOTION: Commissioner de Lambert moved to approve the contract with Lawn Chair Gardener. Alt. Commissioner Crough seconded the motion. Upon a vote, the motion carried 8-0, with the City of Golden Valley absent from the vote. iii. Update on 50th Anniversary Event Planning Administrator Jester updated the Commission that the event will be held on June 27. She noted a “save the date” email would be sent to a long list of invitees soon. She also noted she is working to secure a keynote speaker. F. Consider Approval of Final Report for Bassett Creek Main Stem Restoration Project (2015CR) Mr. Eckman, from the City of Golden Valley, gave an overview of the project outcomes and final report. He noted that the report shows that monitoring at the Met Council WOMP station at the outlet of the watershed shows a significant reduction in total suspended solids and total phosphorus indicating that projects like these are working to improve water quality. [Commissioner de Lambert departs.] Mr. Eckman noted that design plans for this project were approved by the Commission in June 2015 and construction (phase 1) took place in the winter of 2015/2016. Vegetation establishment and management (phase 2) continued from 2016 through 2018. He reported that it worked well to have a separate contractor to work directly with native plant establishment and initial maintenance. He reported that the project required working with over 70 property owners and that only one property owner along the corridor didn’t participate in the project. He BCWMC March 21, 2019 Meeting Minutes Page 6 of 7 reported the project was completed on time and under budget and that individual owners will be maintaining the private portions. He noted the property owners were given instructions on maintenance and that city staff will follow up with anyone that has questions or needs assistance. MOTION: Commissioner Scanlan moved to approve the Final Report for Bassett Creek Main Stem Restoration Project. Commissioner Anderson seconded the motion Discussion: Commissioner Welch commented that the City of Golden Valley did an excellent job working with 70 different landowners. On the flip side, the Commission is investing over a million dollars and relying on private property owners to maintain most of the restoration. He wondered if maintenance easements should be pursued. Commissioner Welch requested that the administrator coordinate efforts and check on how things are looking in a few years. Commission Engineer Chandler asked if the city can offer for private landowners to buy into the city’s vegetation management contract. Mr. Oliver noted that would be difficult for the city to coordinate. Ms. Strong offered that the noxious/invasive weed ordinance might help keep projects from getting out of hand. Ms. Pape added that a targeted hands-on workshop where an expert could walk the area with the residents and help them with questions would be beneficial. This might be an ideal project to bring in Hennepin County Master Gardeners who are knowledgeable about native plants. Commissioner Welch suggested to bring this item to the Education Committee to supply the proper materials to homeowners. Ms. Pape responded that the educational materials exist already and it wouldn’t be hard to offer resources. The main problem with maintenance is the actual implementation. Going from guidebook or handout to on the ground identification is very challenging. Most people need personal one-on-one assistance. MOTION: Commissioner Welch moved to amend the prior motion and have the administrator coordinate efforts to maintain buffers and bring information back in 3 years. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 7-0, with the Cities of Golden Valley and St. Louis Park absent from the vote. VOTE on original motion: Upon a vote, the motion carried 7-0, with the Cities of Golden Valley and St. Louis Park absent from the vote. G. Consider Approval of Final Reimbursement Request for Bassett Creek Main Stem Restoration Project MOTION: Commissioner Welch moved to approve the final reimbursement request for Bassett Creek Main Stem Restoration Project. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 7-0, with the Cities of Golden Valley and St. Louis Park absent from the vote. H. Consider Approval to Amend Agreement with City of Crystal for Winnetka Pond Dredging Project Administrator Jester noted that the Commission approved additional funding for this project contingent on the funds being available in the Commission’s Closed Project Account. She reported that with the approval of the above motion, there is $383,926.77 in the account. MOTION: Commissioner Anderson moved to approve the amendment to the agreement with the City of Crystal for Winnetka Pond Dredging Project. Alternate Commissioner Monk seconded the motion. Upon a vote, the motion carried 6-1, with Minneapolis voting against the motion and all others voting for the motion. The Cities of Golden Valley and St. Louis Park were absent from the vote. I. Consider Resolution 19-08 to Approve St. Louis Park Surface Water Management Plan Commission Engineer Chandler reported that she reviewed the St. Louis Park Surface Water Management Plan and provided comments to the city on December 3rd. 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. She recommended approval of the resolution approving St. Louis Park’s Surface Water Management Plan with the BCWMC March 21, 2019 Meeting Minutes Page 7 of 7 caveat that if additional changes are made to the plan to satisfy other watershed requirements, the provisions applicable to the BCWMC remain unchanged. MOTION: Commissioner Welch moved to approve St. Louis Park Surface Water Management Plan. Alternate Commissioner Crough seconded the motion. Upon a vote, the motion carried 7-0, with the Cities of Golden Valley and St. Louis Park absent from the vote. J. Consider Resolution of Appreciation for Alternate Commissioner John Byrnes Administrator Jester reported that Alternate Commissioner Byrnes is moving to Minnetonka and will no longer be able to represent Plymouth on the Commission. She noted John was an active member of the Commission and his service was greatly appreciated. MOTION: Commissioner Welch moved to approve the resolution of appreciation for Alternate Commissioner John Byrnes. Commissioner Prom seconded the motion. Upon a vote, the motion carried 7-0, with the Cities of Golden Valley and St. Louis Park absent from the vote. 6. COMMUNICATIONS A.Administrator’s Report i. AIS Prevention Grant. Administrator Jester went through the details of the grant that was received. ii. 2019 Water Summit is being put on by Freshwater. Administrator Jester reported she will be co-presenting on the Harrison Neighborhood project. She also noted she accepted an invitation to participate in a panel discussion at an upcoming Land Development event. B.Chair – No reports C.Commissioners Commissioner Scanlan noted some upcoming events D.TAC Members i. Four Season Mall Update – Chair Prom will report when details are concrete ii. Next Meeting March 26 th E.Committees – No reports F.Legal Counsel – No reports G.Engineer i. Flood forecast: Despite a lot of snowmelt and rain, there was only localized flooding and the system functioned as it was supposed to. 7. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet D. Harrison Neighborhood Met Council Grant Final Report E. Metro Watershed Partners 2018 Report F. CCX News Story on Winnetka Pond Dredging Project G. Gustavus Adolphus Nobel Conference: Climate Change 8. ADJOURNMENT The meeting adjourned at 10:37 a.m. ________________________________________ Signature/Title Date ________________________________________ Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. E. Authorize Grant Agreement for Bassett Creek Nature Area Habitat Restoration Prepared By Eric Eckman, Development and Assets Supervisor Drew Chirpich, Environmental Specialist Summary On January 14, 2019, the City submitted an application to the Minnesota Department of Natural Resources (DNR) Conservation Partners Legacy Grant, to remove invasive species within Bassett Creek Nature Area and to restore the area with desirable native species (see location map). The planning level cost estimate for the project is $55,000. In February, the City was notified grant funds will be awarded upon the execution of the attached grant agreement. Under the agreement, the DNR will reimburse the City up to $50,000 for the restoration project. The City must provide a 10% local match up to $5,000. Adequate funding for this project is provided in the 2019-2020 Environmental Control Budget (7303.6340). As is typical with grant funded projects, the City will provide invoices to the DNR for reimbursement as work is completed. The majority of work will be completed in 2019. Ongoing vegetation establishment, monitoring, and management will continue through June 2022 consistent with the agreement. Notification letters were sent to adjacent residents in March 2019 and communication will continue throughout the project. Attachments • Location Map (1 page) • Conservation Partners Legacy Grant Program Grant Contract (27 pages) Recommended Action Motion to authorize a grant agreement with the Department of Natural Resources for the Bassett Creek Nature Area Habitat Restoration. Upland Restoration1.51 Ac res Floodplain Restoration4.53 Ac res Total Existing Buffer0.94 Ac res Total Construction Acces sAdair Ave NDuluth St 8608708908 8 0880 870860870880 880 0 100 20050Feetby the City of Golden Valley, 1/4/2019 I Bassett CreekNature Area ConstructionAccess Paved Trail Unpaved Trail FloodplainRestoration Area UplandRestoration Area Established Buffer(no seedi ngrequired) Public Property State Accounting Information PO Number: (,.. 3::,cx:J I '/f3& CONSERVATION PARTNERS LEGACY GRANT PROGRAM ENCUMBRANCE WORKSHEET City of Golden Valley/ Basset Creek Nature Area Habitat Restoration State Accounting information: SWIFT Contract Doc. Type: _____ SWIFT Contract#: /5 [p ;> 1-1 _____ SWIFT Purchase Order#: dttXJ Jl./q 383 SWIFT Contract Line# (Annual Plans): Agency: Submitted By : Origin: Vendor#: R2901 Kathy Varble A24 0 OD o,Z..f) I 1,4(). Total Amount of $50,000 Total Amount of Contra ct : $ 50,000 Contract for ALL years : Total Amount of I For FY : Total Amount of Contra ct : $ Contract : Contract Start Date : Upon Execution Speedchart Name: Contract Expiration Date: June 30, 2022 Speedchart Number: Grantee Name and Address : Did you remember to : Check for debarred vendor? Check for annual plan limit? Work on state lands? City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 IZ! Yes D No ~YesONo Dves~No PO Reference: KV-FY19 CPL Basset Creek Nature Area Habitat Restoration Category Code : 84101501 For FY : 19 For FY : Description: FY2019 ECP 3; City of Golden Valley, Basset Creek Nature Area Habitat Restoration. The State is in need of habitat work on public lands to improve habitat for fish, game, and wildlife and to improve public recreational opportunities. Statewide/ Agency Reporting Funding String Line Budget/ Amount Fund FinDeptlD ApproplD Account Statewide Agency Agency Bond Year Cost Cost 1 Cost 2 1 19 $50,000 2300 R2936725 R2964Z0 441352 ZW205 Project/ Grant Reporting Funding String Line PC Business Project Activity Source Type Category Sub -Category Unit ~----. ---· -------- ----------- Rev 10/14 State Accounting Information PO Number: This page intentionally left blank Rev 10/14 2 State Accounting Information PO Number: STATE OF MINNESOTA CONSERVATION PARTNERS LEGACY GRANT PROGRAM GRANT CONTRACT City of Golden Valley/ Basset Creek Nature Area Habitat Restoration This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources , ("State") and City of Golden Valley, 7800 Golden Valley Rd, Golden Valley, MN 55427 ("Grantee"). Recitals 1 . Under Minnesota Laws 2018, Chapter 208, Article 1, Section 2, Subd. 5(r), and Minnesota Statute § 84 .026 the State is empowered to enter into this grant. 2. The State is in need of habitat work on public lands to improve habitat for fish , game, and wildlife and to improve public recreational opportunities. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Min n,Stut,§ 16£3,98 . Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: The date the State obtains all required signatures under Minn, 511U,§ j6B,V8, Subd . 5. Per, Mlnn .Strt1 1§]6B 19R Subd . 7, no payments will be made to the Grantee until this grant contract is fully executed. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2022, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 2.4. Signage; 11 . Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law, Jurisdiction, and Venue; 23. Data Disclosure; and 24 . Use of Funds for Match or Reimbursement. 2 Duties Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Mlnn.Stat.§16B.97, Subd . 4 (a) (1). 2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this grant contract. Any changes to the Work Plan must have prior written approval from the State's Authorized Representative . 2.3 Apply for and receive all necessary approvals and permit s to complete the project and comply with all applicable local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and requirements contained in Minnesota Laws 2018, Chapter 208, Article 1, Section 2, Subd . S(r), and MN Statute 97A.056. 2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL} FY2018 Request for Proposal, which is incorporated into this grant contract by reference. The Request for Proposal (RFP) may be located at http://files.dnr .state.mn.us/assista nce/grants/habitat/cp1/fy19-rfp.pdf. 2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute 97A .056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of the grant period . Grantee is not responsible for the cost of signs but is responsible for placing signs according to MN Laws. 2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form prescribed by the State , by December 31 of each year during the term of this grant contract . A final report must Rev 10/14 State Accounting Information PO Number: be submitted prior to or with the request for final payment. 2.7 To provide match as pledged in the approved Work Plan in non-state cash or in-kind services for the costs incurred for the completion of the Project. 2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources (DNR) to prevent or limit the introduction, establishment, and spread of invasive species (see section 4 .2). This requirement applies to all activities performed on all lands under this grant contract and is not limited to lands under DNR control or public waters. State's Duties 2 .9 To provide Grantee up to $50,000 for the costs incurred for the completion of the Project. 2.10 For grants over $50,000, the State's Authorized Representative(s) or other designated State Representative will conduct at least one monitoring visit per grant period. For grants over $250,000, these visits will be on an annual basis . A monitoring visit may be in person or by telephone. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence . 4 Project Requirements 4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee for auditing purposes. 4.2 Invasive Species Prevention . The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during all activities performed on all lands under this grant contract. The grantee and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site . If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area . The grantee/contractor shall dispose of material cleaned from equipment and clothing at a location determined by the land manager. If the material cannot be disposed of ons ite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters . All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated . 4.3 Project Sites . All restoration and enhancement projects funded with this grant must be on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15 . 4.4 . Restoration and Management Plan. Hereinafter known as R&M Plan . (a) For all restorations, prepare and retain an ecological restoration anc management plan that, to the degree practicable, is consistent with current conservation science and ecological goals for the restoration si te . Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success and durability of the restoration. The plan shall include the proposed timetable for implementing the restoration, including, but not limited to, site preparation, establishment of diverse plant species, maintenance, and additional enhancement to establish the restoration; identify long -term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed ; and use the current conservation science to achieve the best restoration . Rev 10/14 State Accounting Information PO Number: (b) The R&M plan shall be prepared on a form provided by the State 's Authorized Representative . 4 .5 Timely written contact of Conservation Corps Minnesota. All grantees must give considerat ion to and make timely written contact with the Conservation Corps Minnesota or its successor for consideration of possible use of their services to contract for restoration and enhancement services . A copy of the written contact must be filed w ith the State's Author ized Representative within 10 days of grant execution . 4.6 Pollinator Best Management Practices . Habitat restorat ions and enhancements conducted on DNR lands and prairie restorations on state land s or on any lands us i ng state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minn esota Statu te s, section 84.97 3. Practices and guidelines ensure an appropriate dive r sity of native species to prov ide habitat for poll i nators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found here: http;//f Ues,d nr,stat e,mn .u s/natura l res ou rces /npc/b mp con trac t la ng uage.pd f, 4.7 Prescribed Burning on State Lands . For prescribed burns on state lands, contractors must meet the equipment and personnel requirements (including training and experience) called for in the prescribed burn plan provided by the State . Requirements can be found at https;//fjles.dn r.state,mn .us /fo restrv /Yj lld fl re/rx flre/p rescr lb ed Bu rn Hand book2 010.pdf. 4.8 Revenues. Any revenues generated during the grant period from activiti es on land acquired , restored, or enhanced with CPL funding must be disclosed to CPL staff and used fo r habitat purposes to be agreed upon . 5 Additional Restrictions CPL funded projects may not be used as future mitigation for any lo ss or destruction of habitat. 6 Consideration and Payment 6.1 Consideration . The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation. The Grantee will be paid ac,cording to the breakdown of costs contained in Attachment A, which is attached and i nco r porated into this grant contract. Partial payme nts are allowed . Grantees may vary by 10% between budget categories without prior approval from the State's Authorized Representative. Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share . The advances must be approved in the Work Plan . (b) Travel Expenses. Payment for travel and subsistence expenses actua lly and necessarily incurred by the Grantee as a result of this grant contract will not exceed$; provided that the Grantee wil l be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee w il l not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state . (c) Total Obligation. The total obligation of the State for all compensation and reimbursement s to the Grantee unde r this grant contract will not exceed $50,000 . 6 .2 Payment (a) Invoices . The State w i ll pro m ptly pay th e Grantee after the Grantee p resents an itemized invoice fo r the serv ices actually performed and the State's Author ized Representative accept s th e invoiced serv ices . Invoices must be submitted, on or before 4 pm local time, July 25, 2022 . Invoices must include copies of appropriate documentation to prove the work has been completed . Invo ices must be submitted i n a timely manner and i n the manner described in the CPL Payment Manual, which is i ncorp o ra t ed into thi s grant contract by reference and can be found at : ht t p://fil es.d nr.s t ate.mn.us/ass ista nce /grants/ha b it at/l essard sams/grantee/payme nt man ual.odf (b) Hold Back. No less than 5% of the amount of the grant mu st be held back from payment until the gr ant recipient ha s comple t ed a grant accompl is hment report by the dea d line i n the fo r m prescribed by and satisfactory to the State and LSOHC. (c) Direct Expenditures. Grant and match funds may only be used fo r the eligible d i rect expenditures as Rev 10/14 5 State Accounting Information PO Number: described in the approved Work Plan . Indirect costs and institutional overhead costs are inel igible . (d) Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final payment by the State . (e) Federal Funds. No Federal funds will be used . 6 .3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the State . Work done by the State must be so specified in the Work Plan . A letter shall be sent to the State 's Authorized Representative and include: the specific area of the Work Plan authorizing the work; the portion of the proceeds to be used by the State; the name , title, address , phone number and e-mail address for the State's representative assigned to accomplish the work; the expected completion date of the work; and a brief description of the nature of the work sufficient as the basis for judgment of whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land or an interest in land, the amount made available to the State shall include the Grantee's proportionate cost of professional services to complete the acquisition. The Grantee's proportion shall be determined by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price . The Grantee 's proceeds available under Clause 8, Payment Procedures, of this contract sha ll be reduced by the amount provided for State use. 6.4 Contracting and Bidding Requirements. (a) Municipalities. Per Minn. tat.§471.345, grantees that are municipalities as defined in Subd . 1 must do the following if contracting funds from this grant contract for any supplies, materials, equipment or the rental the reof, or the construction, alteration, repair or maintenance of real or personal property. i. If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction , alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in ~. Subd . 1, paragraph (a), clause (2). ii. If the amount of the contract is estimated to cost between $25 ,000 and $99,999, the contract may be made either upon sealed bids or by direct negotiation , by obtaining two or more quotations for the purchase or sale when pos sible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in M!nn., St;,1:.§j C 2 , Subd. 1, paragraph (a), clause (2) and paragraph (c). iii. If the amount of the contract is estimated to be $25,000 or less , the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat,§16C.28, Subd . 1, paragraph (a), clause (2). (b) Nonprofit Organizations. Rev 10/1 4 i . Any services and/or materials that are expected to cost $100 ,000 or more must undergo a formal notice and bidding process . ii. Services and/or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three verbal quotes or bids . ii i. Services and/or materia ls that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a mi nimum of two verbal quotes or bids or awarded to a targeted vendor . iv . The grantee must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through these entities are used when possible : 6 State Accounting Information PO Number: _______ _ • State Department of Administration 's Certified Targeted Group, Economicall y Disadvantaged and Veteran-Owned Vendor List • Metropolitan Council's Targeted Vendor list : Minnesota Unified Certification Program • Small Business Cert ification Program through Hennepin County, Ramsey County, and City of St . Paul: Central Certification Program v. The grantee must mainta in written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection , award and administration of contracts. (c) Support documentation. Documentation of the bidding process utilized to contract services must be included in the grantee 's financial records , including support documentation justifying a single/sole source bid, if applicable, for both mun icipalities and nongovernmental organizat ions. (d) Prevailing wage . For any project that includes construction work of $25,000 or more, prevailing wage rule s a pply l)er; Minn. Stat, §§177,§l through lZW consequently, the bid r eque st must state the project is subject to prevailing wage . These rules require that the wages of laborers and workers should be comparable to wages paid for similar work i n the community as a whole. A prevailing wage form should accompany these bid submittais. Additional information on prevailing wage requirements is available on the Department of Labor and Industry (DOLi) website at bltp;//www,dH.mn,goy/lS/freyWpg e,asp. Questions about the application of prevai li ng wage rates should be directed to DOLi at 651-284-5091 . The Grant recipient is solely responsible for payment of all required prevail i ng wage rates . (e) The grantee must not contract with vendors who are suspended or debarred in MN : 1 ' /ww mr d I 1 • m,/d · bn • ·o p, 7 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's sat isfaction , as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules , and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 8 Payment Procedures 8 .1 Documentation Requirements. To obtain the payment approved for work under this grant contract, the grantee must follow all payment procedures documented within the CPL Payment Manual. 9 Authorized Representative The State's Authorized Representatives: - Kathy Varble Conservation Grants Specialist 500 Lafayette Road Box #20 ·-St . Paul, MN 55155 651-259-5216 ·--- kathy .var~le@state.mn.us --4~ --. or successor(s) have the responsibility to monitor the Grantee's performance and the autho rity to accept the services provided under this grant contract . If the services are satisfactory, the State's Authorized Representative will cert ify acceptance on each invoice submitted for payment . R ev 10/14 7 State Accounting Information PO Number: The Grantee's Authorized Representative(s) are . ------------------, Project Manager Fiscal Contact 1-~---~-----------+-- Drew Chripich Drew Chirpich 1------'---------------!--Environmental Specialist Environemental Specialist __ ____ _ 7800 Golden Valley Rd 7800 Golden Valley Rd ---------+--- Golden Valley, MN 55427 dchirpich@goldenvalleymn.gov 763-593-8044 Golden Valley, MN 55427 dchirpich@goldenvalleymn .gov ---763 -593 -8044 If the Grantee's Authorized Representative(s) changes at any t i me during this grant contract, the Grantee must immediate ly notify the State. 10 Assignment, Amendments, Waiver, and Grant Contract Complete 10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligat i ons under this grant contract without the prior consent of the State , approved by the same parties who executed and approved this grant contract, or their successors in office . 10.2 Amendments. Any amendment to this grant contract must be i n writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 10.3 Waiver. If the State fails to enforce any prov ision of this grant contract, that failure does not wa ive the provision or the State's right to enforce it. 10.4 Grant Contract Complete . Thi s grant contract conta i ns all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 11 Liability and Insurance 11 .1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 11 .2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of insurance or compliance with insurance requirements has been met . Grantee must meet the insurance ~equirements applicable to grantee's project, as described in the FY2017 Conservation Partners Legacy Grant Program Request for Proposal, which is incorporated into this grant contract by reference . 11 .3 Worker's Compensation. The Grantee certifies that it is in compliance with MIQ11. .!Jl, t. §176.l~, Subd . 2, pertain i ng to workers' compensation insurance coverage . The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omi ss ion on the part of these employees are in no way the State's obligation or responsibility. 12 In the Event of a Lawsuit 12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court determines that the appropriat ion unconstitutionally substitutes for a traditional sou rce of funding. 12 .2 Any grant contract or similar contract that awards money from a legacy fund must contain the information in paragraph 11.1, Liability . 13 State Audits Under M in n. Stat.§ 16B.9 8, Subd .8, the Grantee's books, r ecord s, documents , and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are sub j ect to examination by the State and/or the State Auditor o r Legislative Auditor, as appropriate, for a minimum of six years from the Rev 10/14 State Accounting Information PO Number: end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 14 Government Data Practices and Intellectual Property Rights 14.1 Government Data Practices . The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn . Stat . Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract . The civil remedies of Minn. Stat. §13 .08 apply to the release of the data referred to in this clause by either the Grantee or the State . If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State . The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released . The Grantee's response to the request shall comply with applicable law . 14.2 Intellectual Property Rights . (a) Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by the Grantee and the State . Works shall mean all inventions, improvements, or discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes or disks, conceived, reduced to practice, created, or originated by the Grantee, its employees and subcontractors, either individually or jointly with others, in the performance of this contract. Documents shall mean the originals of any databases, computer programs , reports, notes, studies, photographs, negatives, designs , drawings, specifications, materials, tapes, disks, or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee in the works and documents shall equal the ratio of each party's contributions to the total costs described in the Budget of this contract. The party's ownership interest in the works and documents shall not be reduced by any royalties or revenues received from the sale of the products or the licens ing or other activities arising from the use of the works and documents . Each party hereto sha l l, at the request of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate ownership interests in the works and documents . (b) Obligations Rev 10/14 1. Notification : Wheneve r any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time, or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Grantee shall immediately give the State's Authorized Representative written notice thereof, and shall promptly furnish the Authorized Representative with complete information and/or disclosure thereon. All decisions regarding the filing of patent, copyright, trademark or service mark applications and/or registrations sha II be the joint decision of the Grantee and the State, and costs for such applications shall be divided as agreed by the parties at the time of the filing decisions . In the event the parties cannot agree on said fil i ng decisions , the filing decis ion will be made by the State . 2. Representation: The Grantee shal l perform all acts, and take all steps, necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Grantee and the State as agreed herein , and that no Grantee employee , agent, or contractor retains any interest i n and to the Works and Documents . The Grantee represents and warrants that the Works and Documents do not and shall not infringe upon any intellectual property rights of others . The Grantee shall indemnify, defend, and hold harmless the State, at the Grantee's expense , from any action or claim brought aga inst the State to the extent that it is based on a claim that all or part of the Works and Documents infringe upon the intellectual property rights of others . The Grantee shall be re sponsible for payment of any and all such State Accounting Information PO Number: claims, demands, obligations, liabil it ies , costs, and damages including, but not limited to, attorney fees . If such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise , the Grantee sha ll, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works and Documents necessary and appropriate to obviate the claim. This remedy shall be in addition to, and not exclusive of, other remedies provided by law. (c) Uses of the Works and Documents. The State and Grantee shall jointly have the right to make, have made, reproduce, modify, dist r ibute, perform, and otherwise use the works, including Documents produced under this Contract, for noncommercial research, scho larly work, government purposes, and other noncommercial purposes without payment or accounting to the other party. No commercial development, manufacture, marketing, reproduction, distribution, sales or licensing of the Works , including Documents, shall be authorized without a future written contract between the parties . (d) Possession of Documents . The Documents may remain in the possession of the Grantee . The State may inspect any of the Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State without cost upon the request of the State. 15 Data Compatibility and Availability Requirements 15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning and management of natural resources, emergency preparedness, and infrastructure investments shall conform to the enterprise information architecture developed by the Office of Enterprise Technology (or its successor). Spatial data must conform to geographic information system guidelines and standards outlined in that architecture and adopted by the Minnesota Geograph ic Data Clearinghouse at the Land Management Information Center. A description of these data that adheres to the Office of Enterprise Technology (or its successor) geographic metadata standards shall be submitted to the Land Management Information Center to be made available online through the clearinghouse and the data must be accessible and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13. 15 .2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant program should be readily accessible on the Grantee's website and identified as a Lessard-Sams Outdoor Heritage Council and Conservation Partners Legacy Grant Program project . 16 Publicity, Advertising and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L- SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State's Authorized Representative upon its release . For purposes of this provision, publicity includes notices, informational pamphlets, press releases , research, reports, signs , and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program , publications, or services provided resulting from this grant contract . 16.2 Endorsement . The Grantee must not claim that the State endorses its products or services . 17 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of-law provisions , governs this grant contract . Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction i n Ramsey County, Minnesota . 18 Accessibility and Safety 18 .1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal accessibility laws, regulations , and guidel i nes , including the American with Disabilities Act (ADA). Accessibility guidelines and standards can be found at ht t p://w ww.access -board .gov. 18 .2 Safety . All programs must adhere to federal safety regulations , which can be found on the Occupational Health and Safety Administration's website at w w w .osha.gov/law-regs,html. 19 Subgrantees/ Vendor Services Rev 10/14 10 State Accounting Information PO Number: If any subgrants or contracts for any portion of the work covered under this grant contract are made to another entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant contract . It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee. Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant Program (CPL) Request for Proposal, located at http://files.dnr.state.mn.us/asslstance/grants/habltat/cpl/fy19- ~ as ap p Ii cab I e. 20 Purchase of Recycled or Recyclable Materials The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat.§ 168.121. The purchase and use of paper stock and printing must be in compliance with Minn . Stat . 168.122. 21 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion• Lower Tier Covered Transactions 21.1. The prospective lower tier participant certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explcjnation to this contract. 22 Termination 22.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee . Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 22.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed . 23 Data Disclosure Under MI0 0, $t at,§ 27 OC.§~. Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax l iabilities. 24 Use of Funds for Match or Reimbursement Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program without prior written authorization from the State's Authorized Representative . (a) The Grantee must submit a written request for authorization no less than 10 business days prior to applying for the new funds or program to the State's Authorized Representative. This request must include the following information: CPL project name , CPL grant contract number, the amount of CPL grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded, and current landowner. The project name, location where the new funds will be used, activity to be funded, funding source of the new grant or program, and a brief description of the grant or program being applied for must also be included . (b) If the new grant or program will add any encumbrances to the land where grant funds were or _will be spent, these encumbrances must be approved in writing by the State's Authorized Representa t ive and the current landowner. 25 Conflict of Interest Under the Minnesota Depart ment of Administration's Office of Grants Management Conflict of Interest Polic y for State Grant Making (available at http://mn.gov/adrn i n/images/grants policy 08 -01 .pdf) and other applicable laws, Grantees must disclose actual, potential , perceived, and organizational conflicts of interest . -Rev 10/14 11 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn . Stat. '§ 16A.15 and 16C.05 . State Accounting Information PO Number: __ 3. DEPARTMENT OF NATURAL RESOURCES By: ~~ .By : with delegated authority Date: t./-~/ J--/ 9 Purchase Order Number: Contract#: /5'639-/ 2. GRANTEE The Grantee certifies that the appropriate person{s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By : Name: Title: Date: ------------------·-- By : ----•------------ Name : Title : Date: Rev 1011 4 Name : Grant Wi lson Title: Acting Director, Div ision of Fish and Wildlife Date : By: Name : Title : Date: By : ----------- Name : -·----------------- Title : Date : 12 Printed 2019-02-11 Project Contact · Project name Attachment A: Work Plan Conservation Partners Legacy Grant Application Basset Creek Nature Area Habitat Restoration Organization name City of Golden Valley Organization type Government Mailing address 1 7800 Golden Valley Rd Malling address 2 City Golden Valley State MN Zip code 55427 Project manager Drew Chripich Title Environmental Specialist Phone 763-593-8044 Email dchi rpich@goldenval leym n .gov Project Overview Sites / Locations County name: Hennepin Project site name: Bassett Creek Nature Area Total project sites: 1 Total project sites: 1 Total project acres: 7 Land Ownership Primary land ownership: Local Government Additional land ownerships; Habitat Primary habitat type: Forest Additional habitat types: Activities Primary activity: Restoration • Additional activities: ECP activities: Promotion Of Natural Regeneratio n Project Finding Summary Attachment A : Work Plan 2 Total grant amount requested Total match amount pledged Additional funding amount Total project cos t 3 A tt ach m ent A: Work Pl a n $50,000 $5 ,000 $0 $55 ,000 Project Summary Have you ever received a CPL grant before? No Project Location Summary Primary coun ty Hennepin Project site name Bassett Creek Nature Area Primary land ownership Local Government Habitat and Activity Summary Habitat type Forest Primary activity Restoration Total project sites Total project acres 7 Site information Attachment A: Work Pl an Bassett Creek Nature Area is a widely used natural area in the northern part of Golden Valley. It is about 7 acres in size , 1.51 upland and 5.57 floodplain with Bassett Creek running directly through the middle. The entire area is open to the public, and contains a few walking and biking trails. Bassett Creek is one of the largest green corridors in Golden Valley and as it runs east, it eventually connects to the Mississippi River . Millions of waterfowl rely on habitat along the Upper Mississippi River for breeding, migration and foraging habitat. This area provides a major migratory corridor for the Mississippi Flyway, which funnels more waterfowl to the wintering grounds than any other flyway. The proximity and connectivity to the Mississippi provides a great opportunity for the establishment and enhancement of habitat along this adjacent migratory corridor. Development around the 4 Attachment A: Work Plan area has gradually introduced buckthorn to the region, and it has quickly become a dominant component of the nature area. This influx of buckthorn has shaded out the majority of the ground cover in the region and contributed to increased erosion and decreased areas of quality habitat for wildlife. It has also degrade the aesthetic quality and functionality of the nature area. Through this grant opportunity we hope to remove buckthorn within the nature area and establish native grasses, sedges, forbs, and shrubs to provide habitat for various waterfowl and pollinator species, and improve water quality through vegetative buffers and enhanced ground cover. All required matching funds required to complete this project have been acquired through the Citya€™s annual budget. Methods The first step of this project will be to remove the existing stands of buckthorn within the nature area. Methods used will include saws, brush saws, and hand pruners. Manual removal of the buckthorn will help to clear the area of the debris and seeds that buckthorn produces, and make the area ready to be planted . Once these stands have been taken down, the remaining buckthorn will be stump treated with herbicide containing triclopyr or glyphosate. Chemical treatment will help to permanently kill the plant in the roots to prevent future spreading . Once the buckthorn has been removed and treated, it will be important to get desirable species established. This will be done with a combination of seeding and blanketing bare and steep areas with natural net erosion control fabric, and a native seed mix suited for wooded riparian areas. Seeding will be done to establish a native seed bank to compete with the buckthorn. The natural-net erosion control fabric will be used to help prevent erosion, hold the seed in place, and to retain moisture and nutrients for the seed. The area will be seeded/planted with a mix of native grasses , sedges, and wildflowers to create nesting habitat for waterfowl, and food and habitat sources for pollinators. These plantings will also help to slow and filter water entering Bassett Creek, and stabilize the bank and slopes within the nature area. Native Plant plugs and shrubs will also be planted at around 3 ft spacing from center, because of their ability to establish more quickly, and compete with the buckthorn seed bank. A three year maintenance agreement will be included as part of the project to continue manually and chemically controlling invasive species on site, and to conduct a controlled burn in the third year of the contract Need for funding Golden Valley has continuously invested in protecting and enhancing its Natural Resources. Past projects have focused on restoring riparian areas with native vegetation, and enhancing native vegetation around ponds and natural areas. Our Parks Maintenance staff is typically tasked with maintaining the aesthetics and functionality of our City parks . Most of these tasks involve trail maintenance, clearing brush and debris from trails and creeks, and mowing turf areas. With more than 1 O large parks and natural areas within the City, staff is consistently busy doing routine maintenance of trails and grooming parks so that they can be used by the public . They unfortunately do not have time to work on invas ive species control for large areas such as the Bassett Creek Nature Area . Basset Creek Nature area was identified as a priority area due to many criteria including its public access and use, and ita€™s feasibility for this type of project due to ita€™s size, location, and need. If this funding is not received, Bassett Creek Nature Area will continue to have minimal 5 Attachment A: Work Plan maintenance, which will allow buckthorn and other invasive species to continue to spread, further degrading the habitat and ground cover within the nature area , and reducing the usability of the trails within the area. If the project is awarded, the invasive species within the nature area will be at a manageable level for in house staff and Sentence to Serve crews to maintain the park going forward. eroject TimeHne Time Frame (month, season and/or year) Mid June 2019 Mid May 2020 Estimated project completion date 2022-04-30 (must be. complete by 2022-06-30) 6 Goal Invasive species control and removal Native plant seeding and establishment Budget Information Name Drew Chirpich Title Environemental Specialist Email dchirpich@goldenvalleymn.gov Phone 763 -593-8044 Street address 1 7800 Street address 2 Golden Valley rd City Golden Valley State MN Zip Code 55427 Budget Details Contracts Contractor Name Contracted Work Attachment A: Work Plan Amount Grant/Match In-kind/Cash Applied Ecological Services Invasive control/ habitat $50,000 Grant Additional Budget Items 7 Allac-hme<nt A Wor~ Pl a-i Ite m Descripti o n Am o unt Grant/M atch In-kind/Cash City of Golden Valley Budget Invasive control/ habitat $5 ,000 Match Cash Additional Fu nding Additional Funds a r e dollar s used towards the project that are not grant funds o r counted as match . Additional funding amount 0 Budget Overview Item Ty_p e Personnel Contracts Travel (in -state) Professional Services Equipment/Tools /Supplies Additional Budget Items Total: Project Finding Summary Total grant amount requested Total match amount pledged Addit ional fu nding amount Total pro ject cos t 8 Grant $50 ,000 $50,000 Match $5 ,000 $5 ,000 $50 ,00 0 $5,000 $0 $55 ,000 Total $50 ,000 $5 ,000 $55,000 Site Information Land Manager Name Marc Nevinski Organization City of Golden Valley Title Physical Development Director Review and approval form Lnd_Mngr_Approval_Form_MARC.pdf Phone 763-593-8008 Email MNevinski@goldenvalleymn .gov Site Information Site name Bassett Creek Nature Area Habitat Forest Activity Restoration Land ownership Local Government Pis section T: 118 R: 21 D: W S: 28 Project acres 8 Attachment A: Work Pla n 9 Open to public hunting? No Open to public fishing? Yes -all ECP activities Promotion Of Natural Regeneration Attachment A: Work Pla n Will you receive any revenues during t he grant perio d from activities on this land? No 10 Attachment A: Work Plan Natural Heritage Database Review Answer the following questions Natural Heritage elements were found within one mile of my project site(s) No List all elements found within one mlle of slte(s) and discuss how you will mitigate or avoid impacts to these elements. 11 Attachment A : Wo rk P lan Attachments Additional Documentation Attach additional documentation as applicable using the appropriate categories below. If you exceed the size limit while uploading , contact CPL staff to discuss your options. Letters of Support Partner Commitment Letters Photos File Green_Corridors _Map.JPG IMG_ 4606.jpg IMG_ 4607.jpg Description No description given ... Basset1 Creek Nature Area Photo Bassett Creek Nature Area Photo 2 BD474234-4E2E -4323-841 F-12B72335E298.jpeg 28 D E992 E-9A85-4060 -85D2-9 F56B5FD FE E6 .jpeg No description given .. . No description given .. . Restoration Plans File Final_Location_Map .J PG Description No description given ... BassettCreekNatu reArea_LandscapePlan2 .pdf No description given ... CPL_ Grant RFQ REVISED .docx AES_-_CPL_Grant_Bid_Form .pdf Engineering/Survey/D esign Plans Supplemental Documents 12 Quote package and specs Low Contractor Quote-Will revise amounts to total $55 ,000 FIie 3.Goals.pdf Attachment A: Work Plan Description Cities Goals for Natural Resousrce Management 5.Natural_Resource_Management_Strategies.pdf Cities Natural Resource Management Plan 6-Parks-and-Natural-Resources.pdf Parks and Natural Resources Plan 13 Attachment A: Work P lan Final Application Submission This completes your CPL Grant Application. Please take the time to revis it the previous sections and make sure you have ente red everything completely and correctly . Once you hit the submit button below , you will not be able to return to this application to make changes. ✓ I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal , Program Manual and other program documents , and have discussed this project with the appropriate public land manager, or private landowner and easement holder. ✓ I certify that I have read the Conservation Partners Legacy Grants Program Request for Proposal, Program Manual and other program documents, and have discussed this project with the appropriate public land manager , or private landowner and easement holder. ✓ I certify that all of the information contained in the application is correct as of the time of the submission . If anything should change , I will contact CPL Grant Staff immediately to make corrections. ✓ I certify that if funded I will give consideration to and make timely written contact to Minnesota Conservation Corps or its successor for consideration of possible use of their services to contract for restoration and enhancement services. I will provide CPL staff a copy of that written contact within 1 O days after the execution of my grant, should I be awarded. ✓ I certify that I am aware at least one Land Manager Review and Approval form is required for every application and at least one Public Waters Contact form is required for all public waters work. I am aware I must submit all completed forms by uploading them into this application. I have attached the required type and number of forms as necessary for this project. ✓ I am aware that by typing my name in the bo x below , I am applying my signature to this online document . Sig nature Drew Chirpich T itl e Environmental Specialist Organization I Agency 14 City of Golden Valley Date 2019-01-09 Attachment A: Work Plan 15 Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. F. Approve License Agreement with Golden Valley Orchestra Prepared By Greg Simmons, Recreation and Facilities Supervisor Rick Birno, Parks & Recreation Director Summary The Golden Valley Orchestra has been a regular tenant at Brookview for many years. Staff has worked with representatives of the Golden Valley Orchestra to develop a space for performance license agreement for scheduled use of the Bassett Creek Room at Brookview. The new agreement is attached to this summary and has been reviewed by the City Attorney. Attachments • 2019 License Agreement (4 pages) Recommended Action Motion to authorize City Manager to sign license agreement with Golden Valley Orchestra. Page 1 of 4 FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN CITY OF GOLDEN VALLEY & THE GOLDEN VALLEY ORCHESTRA THIS FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN CITY OF GOLDEN VALLEY & THE GOLDEN VALLEY ORCHESTRA (this “First Amendment”) is made effective as of ______ (the “Amendment Effective Date”) by and between the City of Golden Valley (“Licensor”) and the Golden Valley Orchestra (“Licensee”), a Minnesota nonprofit corporation. RECITALS WHEREAS, Licensor and Licensee are parties to a License Agreement, dated January 1st, 2018 (the “License”). WHEREAS, the parties desire to extend the License as provided herein. WHEREAS, upon the mutual written agreement of the Licensor and Licensee, the terms of the License may be modified. WHEREAS, the parties wish to amend the License as set forth below. AGREEMENT The parties agree to amend the License as follows, effective as of the Amendment Effective Date: 1.Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the License. 2.Extension of Term. The term of the License shall be extended and the License shall continue in effect until December 31, 2019. 3.Exhibits. Exhibits B and C are replaced in their entirety with the attached Exhibits B and C. 4.Licensee’s Use of Storage & Personal Property. The first sentence of Section 6 of the Agreement is replaced in its entirety with the following: Licensor shall provide storage space (the “Storage Space”) for limited equipment belonging to Licensee, including two (2) tympani, two (2) single file cabinets and a single conductor’s podium (the “Stored Equipment”). Page 3 of 4 EXHIBIT B List of Rehearsal Dates and Board Meetings Date Start Time End Time Purpose 4/1/2019 6:00 pm 7:00 pm Board Meeting 4/1/2019 7:00 pm 9:30 pm Rehearsal 4/8/2019 7:00 pm 9:30 pm Rehearsal 4/15/2019 7:00 pm 9:30 pm Rehearsal 4/22/2019 7:00 pm 9:30 pm Rehearsal 4/22/2019 7:00 pm 8:30 pm Board Meeting 4/29/2019 7:00 pm 9:30 pm Rehearsal 5/6/2019 6:00 pm 8:30 pm Board Meeting 5/6/2019 7:00 pm 9:30 pm Rehearsal 5/13/2019 7:00 pm 9:30 pm Rehearsal 5/20/2019 7:00 pm 9:30 pm Rehearsal 5/27/2019 7:00 pm 9:30 pm Rehearsal 6/1/2019 9:00 am 12:00 pm Rehearsal 6/10/2019 6:00 pm 7:00 pm Board Meeting 7/1/2019 6:00 pm 7:00 pm Board Meeting 8/5/2019 6:00 pm 7:00 pm Board Meeting 9/9/2019 6:00 pm 7:00 pm Board Meeting 9/9/2019 7:00 pm 9:30 pm Rehearsal 9/16/2019 7:00 pm 9:30 pm Rehearsal 9/23/2019 7:00 pm 9:30 pm Rehearsal 9/30/2019 7:00 pm 9:30 pm Rehearsal 10/7/2019 6:00 pm 7:00 pm Board Meeting 10/7/2019 7:00 pm 9:30 pm Rehearsal 10/14/2019 7:00 pm 9:30 pm Rehearsal 10/28/2019 7:00 pm 9:30 pm Rehearsal 11/4/2019 6:00 pm 7:00 pm Board Meeting 11/4/2019 7:00 pm 9:30 pm Rehearsal 11/4/2019 7:00 pm 8:30 pm Rehearsal 11/11/2019 7:00 pm 9:30 pm Rehearsal 11/16/2019 9:00 am 12:00 pm Rehearsal 11/25/2019 7:00 pm 9:30 pm Rehearsal 12/2/2019 6:00 pm 7:00 pm Board Meeting 12/2/2019 7:00 pm 9:30 pm Rehearsal 12/9/2019 7:00 pm 9:30 pm Rehearsal 12/16/2019 7:00 pm 9:30 pm Rehearsal Page 4 of 4 EXHIBIT C Agreed Services Tuesday, April 29, 2019; 5:15-6:15 PM Brookview – Commission Dinner Monday, June 3, 2019; 7:00-8:00 PM Brookview Park - Concert in the Park Sunday, November 17, 2019; 4:00-5:00 PM Brookview – Teddy Bear Concert Monday, December 9, 2019; 11:45 AM-1:30 PM Brookview – Holiday Tea Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. G. Receipt of March 2019 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 March 2019, the City has used $6,106,636 of fund balance to balance the General Fund Budget. Attachments • March 2019 General Fund (2 pages) • March 2019 Conservation/Recycling Fund (1 page) • March 2019 Water and Sewer Utility Fund (1 page) • March 2019 Brookview Golf Course (1 page) • March 2019 Motor Vehicle Licensing (1 page) • March 2019 Storm Utility Fund (1 page) • March 2019 Equipment Replacement Fund (1 page) • March 2019 Brookview Center Fund (1 page) • March 2019 Human Services Commission (1 page) • March 2019 Building Improvement Fund (1 page) • March 2019 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the March 2019 Financial Reports. Over % 2019 March YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $384,145 28,612 70,065 ($314,080)18.24% 003 City Manager 921,015 67,237 174,142 (746,873)18.91% 004 Transfers Out 2,207,580 0 882,580 (1,325,000)39.98%(1) 005 Admin. Services 2,076,945 367,701 661,222 (1,415,723)31.84%(3) 006 Legal 183,340 18,254 42,602 (140,738)23.24% 007 Risk Management 310,000 1,524 1,524 (308,476)0.49%(4) 011 General Gov't. Bldgs.728,980 92,962 170,287 (558,693)23.36% 016 Planning 421,025 39,094 83,355 (337,670)19.80%(3) 018 Inspections 917,925 80,767 271,587 (646,338)29.59% 022 Police 6,545,850 634,641 1,400,575 (5,145,275)21.40% 023 Fire 1,579,315 126,877 313,811 (1,265,504)19.87%(2) 035 Physical Dev Admin 316,110 33,846 74,866 (241,244)23.68% 036 Engineering 774,905 66,809 152,169 (622,736)19.64% 037 Streets 1,849,530 179,610 494,050 (1,355,480)26.71%(2) 066 Park & Rec. Admin.815,695 85,413 191,913 (623,782)23.53% 067 Park Maintenance 1,312,805 112,237 241,728 (1,071,077)18.41%(2) 068 Recreation Programs 404,850 16,347 58,219 (346,631)14.38% TOTAL Expenditures $21,750,015 $1,951,931 $5,284,695 ($16,465,320)24.30% (1) Transfers will be made in June, 2019 except for Equipment Transfer of $882,580. (2) 2019 Budget Adjustment-$13,440-Fire $5,440; Street-$4,000; Park-$4,000 3-19-19 (3) 2018 Positive Performance Amended -$35,,000 Planning- Downtown Study Scope; IT-$10,000 Scanning (4) Dividend will be sent in December. City of Golden Valley Monthly Budget Report - General Fund Expenditures March, 2019 (unaudited) Division 25.00% Over % 2019 March YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $18,450,845 0 0 ($18,450,845)0.00%(1) Licenses 212,030 13,925 50,510 ($161,520)23.82% Permits 887,960 73,894 308,037 ($579,923)34.69% State Aid 15,190 0 0 ($15,190)0.00%(2) County Aid 0 1,319 $1,319 Charges For Services: General Government 25,250 0 926 ($24,324)3.67% Public Safety 163,500 7,690 58,112 ($105,388)35.54% Public Works 167,300 28,483 52,404 ($114,896)31.32% Park & Rec 416,500 34,980 71,684 ($344,816)17.21% Other Funds 691,500 57,475 169,261 ($522,239)24.48% Fines & Forfeitures 340,000 23,467 50,866 ($289,134)14.96%(3) Interest On Investments 100,000 0 0 ($100,000)0.00%(4) Miscellaneous Revenue 191,500 15,654 51,322 ($140,178)26.80% Transfers In 30,000 2,500 7,500 ($22,500)25.00%(5) TOTAL Revenue $21,691,575 $258,068 $821,941 ($20,869,634)3.79% Notes: (1) Payments are received in July, December, and January (delinquencies). (2) Police Training will be paid in August. Safe and Sober is billed on time spent. No LGA in 2019. (3) Fines/Forfeitures are thru for February 2019. (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 March 2019 (unaudited) Over 2019 March YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 42,875 0 0 (42,875)0.00%(4) Recycling Charges 382,520 63,100 98,132 (284,388)25.65%(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 63,100 98,132 (339,263)22.44% Expenses: Recycling 461,605 27,977 72,443 (389,162)15.69%(3) Total Expenses 461,605 27,977 72,443 (389,162)15.69% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru March 2019. (3) This includes the recycling services thru February 2018. (4) Grant reduced due to no compost program. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund March 2019 (unaudited) Over 2019 March YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 5,081,725 465,936 712,059 (4,369,666)14.01% Emergency Water Supply 183,080 20,255 31,387 (151,693)17.14% Sewer Charges 3,910,000 493,939 776,962 (3,133,038)19.87% Meter Sales 20,000 0 1,963 (18,037)9.82% Penalties 130,000 15,289 33,763 (96,237)25.97% Charges for Other Services 100,000 2,783 27,589 (72,411)27.59% State Water Testing Fee Pass Through 46,000 7,193 11,582 (34,418)25.18% Sale of Assets 10,000 0 0 (10,000)0.00% Franchise Fees 1,500,000 0 0 (1,500,000)0.00% Certificate of Compliance 75,000 4,100 15,800 (59,200)21.07% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 11,080,805 1,009,495 1,611,105 (9,469,700)14.54% Expenses: Utility Administration 3,260,675 203,513 321,586 (2,939,089)9.86%(1) Sewer Maintenance 3,340,720 94,159 803,988 (2,536,732)24.07% Water Maintenance 4,799,400 284,461 1,068,311 (3,731,089)22.26% Total Expenses 11,400,795 582,133 2,193,885 (9,206,910)19.24% (1) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund March 2019 (unaudited) Over 2019 March YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 900,000 156 156 (899,844)0.02% Driving Range Fees 170,000 0 0 (170,000)0.00% Par 3 Fees 155,000 0 0 (155,000)0.00% Lawn Bowling 80,000 0 0 (80,000)0.00% Pro Shop Sales 80,000 307 461 (79,539)0.58% Pro Shop Rentals 300,000 908 5,750 (294,250)1.92% Concession Sales 1,570,000 68,544 176,201 (1,393,799)11.22% Other Revenue 122,000 22,057 32,285 (89,715)26.46% Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax 0 (4,425)(4,425)#DIV/0! Total Revenue 3,382,000 91,972 210,428 (3,171,572)6.22% Expenses: Golf Operations 755,010 63,066 133,035 (621,975)17.62%(2) Course Maintenance 850,740 63,937 149,357 (701,383)17.56% Pro Shop 122,500 21,604 37,593 (84,907)30.69% Grill 1,349,800 84,981 209,237 (1,140,563)15.50% Driving Range 51,590 4,644 17,221 (34,369)33.38% Par 3 Course 35,710 935 1,451 (34,259)4.06% Lawn Bowling 15,400 41 41 (15,359)0.27% Total Expenses 3,180,750 239,208 547,935 (2,632,815)17.23% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. Fund Balance should be a minimum of $1,060,000 (4 months reserve). City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund March 2019 (unaudited) Course opened April 4 Over 2019 March YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 3,000 0 0 (3,000)0.00%(1) Charges for Services 464,515 43,399 115,904 (348,611)24.95% Total Revenue 467,515 43,399 115,904 (351,611)24.79% Expenses: Motor Vehicle Licensing 446,080 45,748 102,819 (343,261)23.05% Total Expenses 446,080 45,748 102,819 (343,261)23.05% (1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund March 2019 (unaudited) Over 2019 March 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 State DNR Grant 2,300,000 0 0 (2,300,000)(6) Storm Sewer Charges 2,475,000 258,875 550,623 (1,924,377)22.25% Hennepin County 500,000 Bassett Creek Watershed 1,031,500 0 0 (1,031,500) (5) Miscellaneous Receipts 330,830 0 0 (330,830) Sale or Loss of Assets 0 0 0 0 Total Revenue 6,687,330 258,875 550,623 (6,136,707)8.23% Expenses: Storm Utility 5,913,815 64,739 280,458 (5,633,357)4.74%(2) (3) Street Cleaning 130,815 4,408 7,923 (122,892)6.06% Environmental Control 402,605 23,235 64,835 (337,770)16.10% Debt Service Payments 63,950 0 31,750 (32,200)0.00%(3) Total Expenses 6,511,185 92,382 384,966 (6,126,219)5.91%(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. (5) Bassett Creek Watershed Coomission reimbursed the City for a 2019 projects. (6) DNR Grant for Decola Ponds B/C. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund March 2019 (unaudited) 2019 Equipment Replacement Fund (CIP) - Fund 5700 2019 March YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 0 51,694 16,694 General Fund Transfer 100,000 360 10,749 (89,251) VOTF Transfer 10,000 0 0 (10,000)(2) Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 168,538 360 62,443 (106,095) Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)80,000 0 0 80,000 5702 V&E-002 Computers and Printers (Finance)95,000 4,307 8,487 86,513 (1) 5703 V&E-003 Drone (Police)10,000 0 10,449 (449) V&E-009 Skylift 40,000 0 0 40,000 V&E-022 Pickup Truck (Fire)40,000 0 0 40,000 V&E-037 Polaris 6 X 6 (Fire)15,000 0 0 15,000 V&E-060 Bobcat Truckster (park)55,000 0 0 55,000 V&E-109 Single Axle Dump Truck (Street)230,000 0 0 230,000 V&E-116 Bobcat Toolcat 4,500 0 0 4,500 5741 V&E-133 800 MHZ Radios (Public Works Maintenance)100,000 0 12,096 87,904 V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 0 0 24,070 V&E-141 Pickup Truck (Park)35,000 0 0 35,000 V&E-145 Skid Steer Loader (Street)5,000 0 0 5,000 V&E-156 Trailer (Fire)5,000 0 0 5,000 Total Expenditures 738,570 4,307 31,032 697,538 (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. (2) In 2019, monies were transferred for a purchase of a drone from the VOTF Fund. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. Over 2019 March YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 158,000 16,997 34,232 (123,768)21.67% Backyard Play Area 230,000 30,060 77,634 (152,366)33.75% Miscellaneous Revenues 1,500 0 0 (1,500)0.00% Interest on Investments 0 0 0 0 #DIV/0!(1) Total Revenue 389,500 47,057 111,866 (277,634)28.72% Expenses: General Area Rooms 327,780 32,234 75,657 (252,123)23.08%(2) Indoor Play Area 74,620 5,808 11,064 (63,556)14.83% Total Expenses 402,400 38,042 86,721 (315,679)21.55% (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 March 2019 (unaudited) Over 2019 March YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 4,079 5,800 (24,200)19.33%(3) Fundraisers 30,000 6,530 11,671 (18,329)38.90%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 10,609 17,471 (43,229)28.78% Expenses: Supplies 17,100 0 0 (17,100)0.00%(4) Allocations 75,000 0 12,500 (62,500)16.67%(2) Total Expenses 92,100 0 12,500 (79,600)13.57% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2019 are $75,000. (3) Pull Tab revenues are thru November. (4) Solicitation Letters -$4,656-YTD; should be allocated to designation (4) Run/Walk -$7015 YTD (net) (4) Golf Tourney/Lawn Bowling -September Fund Balance at 12/31/18 was $213,624. City of Golden Valley Monthly Budget Report - Human Services Commission March, 2019 (unaudited) 2019 Building Improvement Fund (CIP) - Fund 5200 2019 March YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 400,000 0 350,000 (50,000)(1) Interest Earnings (allocated at year end)7,754 0 0 (7,754) Total Revenues 407,754 0 350,000 (57,754) Expenditures: Project Name Replace Co-Vac Heating 175,000 0 0 175,000 Installation of Building Security Systems 10,000 0 0 10,000 Council Chambers Remodeling 300,000 0 0 300,000 Public Buildings Roof Replacement 150,000 1,204 1,204 148,796 Total Expenditures 635,000 1,204 1,204 633,796 (1)Transfer will be made in June. 2019 Park Improvement Fund (CIP) - Fund 5600 2019 March YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 325,000 0 0 (325,000) Park Dedication Fee 0 0 10,800 0 Hennepin County Youth Sports Grant 96,000 0 0 (96,000) Little League/Youth Associations/Play Eq Grants 20,000 0 0 (20,000) Other Donations 0 0 0 0 Interest Earnings (allocated at year end)2,832 0 0 (2,832) Total Revenues 443,832 0 10,800 (443,832) Expenditures: Project Name 5601 Bleacher, Etc Replacement 25,000 0 14,039 10,961 5602 Park Trail and Parking Lot Improvements 90,000 0 0 90,000 5603 Play Structure Replacement 60,000 0 0 60,000 5614 Ball Field Lighting 0 0 0 0 5615 Outdoor Basketball and Hoop Replacement 23,000 0 0 23,000 5620 Park Signage Replacement 10,000 250 360 9,640 5621 Tennis & Pickle Ball Court Resurfacing 15,000 0 0 15,000 Community Gardens 30,000 0 0 30,000 5608 Relamp Athletic Field and Rink Lights 25,000 0 0 25,000 5607 Dugout, Fence and Field Replacement 55,000 0 13,886 41,114 Scoreboard Update/Replacement 25,000 0 0 25,000 Total Expenditures 358,000 250 28,285 329,715 Further information about projects and financing are located in the 2019-2023 CIP. Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. H. Supporting Grant Application by Golden Valley Historical Society for Historical Context Study Prepared By Emily Goellner, Senior Planner/Grant Writer Summary The Golden Valley Historical Society (GVHS) was established to discover, preserve, and disseminate historical knowledge. GVHS is preparing a grant proposal for the Minnesota Arts and Cultural Heritage Fund (also known as Legacy Grants). The grant would fund the development of a Historical Context Study. Developing a Historical Context Study would provide clear documentation of the city’s historic resources. The study would be completed by a project manager and professional historian. It would include a brief overview of the city’s broad patterns of historical development, descriptions of each time period, descriptions of property types, recommendations for preserving historic resources, and a preliminary list of lost resources. Upon completion of the study, GVHS would analyze the results in order to understand how this data can aid local decisions about the evaluation, identification, and treatment of historic properties. The data would also be shared with community members in order to increase their engagement with Golden Valley’s history and unique characteristics. As an older first-ring suburb, Golden Valley contains many buildings, neighborhoods, landscapes, and archaeological sites of cultural significance. Due to considerable development in the 1950s and 1960s, there are many examples of mid-century modern architecture throughout the city. The design of the new Brookview Community Center celebrates this identity. The City’s 2040 Comprehensive Plan recognizes these resources and the role they play in grounding the community in its history. These types of grant processes like to see resolutions or letters of support from the local jurisdiction. GVHS has requested a City resolution and letter supporting their application. These documents are attached and they would be submitted with the grant application to the Arts and Cultural Heritage Fund for funding consideration. Attachments • Project Description of Historical Context Study for Golden Valley (1 page) • Resolution Supporting Grant Application by Golden Valley Historical Society for Historical Context Study (1 page) Recommended Action Motion to adopt Resolution Supporting Grant Application by Golden Valley Historical Society for Historical Context Study. Project Description Historic Context Study for Golden Valley Request The Golden Valley Historical Society seeks a letter from the City of Golden Valley in support of their planned grant proposal to the Minnesota Arts and Cultural Heritage Fund (Legacy Grants). If successful, the grant will be used to contract with a project manager and professional historian to prepare a Historic Context Study of Golden Valley. The application will be prepared in the next month in order to meet for the next round of grant proposal submittals. What is a Historic Context Study? “Historic context studies provide a framework for evaluating historic resources relative to specific themes, timeframes and locations and are useful for many types of preservation-planning activity,” says the nonprofit Historic St. Paul. Historic Context Studies include helpful narratives and imagery to present a brief overview of a city’s history, descriptions of each time period and property type, recommendations for preserving historic resources, and a preliminary list of lost resources. These studies provide an overview of a city’s broad patterns of historical development. They also aid decisions about the evaluation, identification, and treatment of historic properties. Benefits Developing a Historic Context Study will benefit Golden Valley by: 1. Providing a document that informs the city’s planning efforts and allows for thoughtful responses to potential future development; 2. Promoting historic preservation as an important part of preserving the City’s character and protecting its legacy; 3. Bringing to light the city’s diverse cultures and neighborhoods; 4. Inviting citizens to increase their engagement with history by presenting information about their neighborhoods and community; 5. And exciting residents, business owners, and City officials into discovering more about Golden Valley’s history and unique characteristics. Conclusion: Historic Context Studies are the first step in the formal historic preservation process and the foundation of any future studies. Larry Millett, local author and architectural historian, referred to Golden Valley as the Golden Arc of mid-century modern architecture. Developing a Historic Context Study will provide clear documentation of the city’s historic resources. It will also help City officials and citizens to make well-informed decisions regarding planning and development in Golden Valley. RESOLUTION NO. 19-27 RESOLUTION SUPPORTING GRANT APPLICATION BY GOLDEN VALLEY HISTORICAL SOCIETY FOR HISTORICAL CONTEXT STUDY WHEREAS, Golden Valley Historical Society (GVHS) was established to discover, preserve, and disseminate historical knowledge; and WHEREAS, GVHS has developed a proposal for grant funding from the Minnesota Arts and Culture Heritage Fund to conduct a Historical Context Study of Golden Valley; and WHEREAS, the Study would provide clear documentation of the city’s historic resources, include a brief overview of a city’s history and broad patterns of historical development, descriptions of each time period and property types, recommendations for preserving historic resources, and a preliminary list of lost resources; and WHEREAS, the City’s 2040 Comprehensive Plan notes that Golden Valley contains buildings, neighborhoods, landscapes, and archaeological sites of cultural significance; WHEREAS, due to considerable development in the 1950s and 1960s, there are many examples of mid-century modern architecture throughout the city and the Plan recognizes the role they play in grounding the community in its history; and WHEREAS, the Study can aid local decisions about the evaluation, identification, and treatment of historic properties as well as increase community awareness of Golden Valley’s history and unique characteristics. NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the Council supports the grant application by Golden Valley Historical Society for a Historical Context Study and authorizes submittal of a letter of support for the funding application. Adopted by the City Council of Golden Valley, Minnesota on this 7th day of May, 2019. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 3. I. Authorize Cost Participation Cooperative Agreement with Hennepin County for Decola Ponds Project Prepared By Jeff Oliver P.E., City Engineer Eric Eckman, Development and Assets Supervisor Summary DeCola Ponds B and C are being expanded to create flood storage and lower flood levels to help alleviate a chronic flooding problem in the area. The project is scheduled to begin in September 2019. On August 16, 2018, the Bassett Creek Watershed Management Commission (BCWMC) ordered the DeCola Ponds B and C Improvement Project and directed the City of Golden Valley to design and construct the project on its behalf. Following is a breakdown of the financial contributions for this project: MN Department of Natural Resources $2,300,000 BCWMC $1,600,000 Hennepin County & City of Golden Valley $ 700,000 Total Estimated Project Cost $4,600,000 In September 2018, the Council approved agreements with the BCWMC and MnDNR, however, the agreement with Hennepin County was not ready for execution until just recently. The attached cooperative agreement outlines the County’s financial contribution of $670,000 toward the project. As outlined in the agreement, the City will invoice Hennepin County for the full amount of its contribution once the conditions have been met. Attachments Location Map (1 page) Cost Participation Cooperative Agreement (11 pages) Recommended Action Motion to authorize a Cost Participation Cooperative Agreement with Hennepin County for DeCola Ponds B and C Improvement Project. RhodeIsland Ave NRhode Island Ave NDeColaPond B PennsylvaniaWoods PublicEasementAreaWinnetka Ave NMedicine Lak e R d DeColaPond C DeCola Pond A DeCola PondDRosalynCt23rd Ave Agreement No. PW 06-13-19 County Project No. 2183900 County State Aid Highway No. 70 City of Golden Valley County, of Hennepin COST PARTICIPATION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Golden Valley, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the County and the City have been collaborating to bring about a long term flood mitigation plan, known as "Medicine Lake Road and Winnetka Avenue Area Long-Term Flood Mitigation Plan" (May 2016), including but not limited to construction of additional above and below ground flood storage to increase drainage capacity as well as installation of larger- diameter piping to convey and divert additional flood water away from County State Aid Highway (CSAH) 70 (Medicine Lake Road) immediately east of CSAH 156 (Winnetka Avenue), including water runoff from other residential and public owned impervious surfaces in the cities of Golden Valley, Crystal and New Hope to the DeCola Ponds system, as part of County Project (CP) No. 2183900 and which shall hereinafter be referred to as the "Project"; and WHEREAS, with current conditions, significant impervious surface within the DeCola Ponds system watershed, coupled with small diameter storm sewer pipes and high water levels in the downstream DeCola Ponds system have caused significant flooding along CSAH 70, resulting in serious public safety, access, and damage issues to public and private properties, as well as infrastructure; and WHEREAS, in May of 2016 the City in collaboration with the cities of Crystal and New Hope had hired a consultant to develop the "Medicine Lake Road and Winnetka Avenue Area Long-Term Flood Mitigation Plan", identifying a total of'32 homes, four condo buildings (containing 48 household units), and three businesses to be at risk of flooding; and WHEREAS, the 2016 flood mitigation plan recommended various concepts to mitigate heavy or intense precipitation events as well as 100-year flood events, aiming at maximizing flood storage, preserving trees, and improving wetland and upland habitats, and WHEREAS, the County was identified as a partner to help fund the capital projects based on its county road right-of-way areas making up three percent 0%) of the total contributing 1 Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 drainage area within the DeCola Ponds watershed, and WHEREAS,the City has requested that the County participate in its share of the overall Project cost up-front in a form of a lump sum payment to the City, and WHEREAS, the County has indicated its willingness to pay for its portion of the costs of the Project in a lump sum payment and the City understands that the lump sum payment from the County is for this Project and any other projects identified in the "Medicine Lake Road and Winnetka Avenue Area Long-Term Flood Mitigation Plan" (May 2016); and WHEREAS, the City or its agents shall be responsible for administering the design and construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as-built plans required on the Project; and WHEREAS, upon completion of the construction projects, the City will assume maintenance responsibilities of the improvements at no cost to the county; and WHEREAS, it is contemplated that the work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I Contract Award and Administration The City or its agents shall prepare the necessary plans, specifications, and proposal, advertise for bids for the work and construction; receive and open bids pursuant to the advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, administer the contract; and perform the required engineering and inspection; all in accordance with the plans and specifications set forth below. 11 Plans and Specifications All design work performed by the City and its agents that is to be incorporated into the bidding documents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs. which affect County tacilities, shall conform to Minnesota Department of Transportation (MnDOT) Design Standards applicable to County State Aid Highways. Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 III Construction Supervision and Inspection The City or its agents will administer the construction contract, perform all necessary engineering, inspection and testing of all the contract work. The County Highway Engineer or a designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. IV Plan Changes and Additional Construction The County agrees that the City may make changes in the plans or in the character of the contract construction that are reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. These changes and resulting costs increase or decrease will be borne by the City and not affect the County's cost participation herein. V Cost Participation The County will participate in the costs for the Project as provided herein. The County's cost participation shall be a full and complete lump sum payment amount of Six Hundred Seventy Thousand Dollars and No Cents ($670,000.00). The City understands and agrees that the County's total and only cost participation for the Project shall be $670,000.00. As a condition for payment, the County shall pay the City the aforementioned full and complete lump sum payment after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and the County, and B. Upon award of the design contract and the County's receipt of a written invoice from the City for the advancement of funds. The invoice shall include: date of invoice. invoice number, name of the project manager(Mr. Drew McGovern. P.E.), project name, county project number (C.P. 2183900), contract number, and purchase order number. Within forty-five (45) days of receipt of the invoice, the County shall pay the City for its share of the costs for the Project. Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 Invoices and supporting documentation should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-1388. An electronic copy of all invoices and project documentation should also be submitted to Drew.Mcuovern(u hennepin.us Upon completion of the Project, the City shall send the County final plans, specifications and project costs for county record keeping purposes at the address provided above. VI Maintenance by the City Upon completion of the Project, all improvements included in the Project shall become the property of the City and all routine maintenance, restoration or repair, including but not limited to: simple, small-scale activities, usually requiring minimal skills or training, associated with regular (daily, weekly, monthly, etc.) and general upkeep against normal wear and tear, required thereafter shall be performed by the City at no expense to the County. Vll Records/Audits All records kept by the City and the County with respect to the Project, including Force Account Work if applicable and work performed by agents hired by either of the parties, shall be subject to examination by the representatives of each party. Vlll Indemnification 'The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City or the city's consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. ,The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages, losses, costs or expenses. including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County or the county's consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or ornissions they may be liable in - 4 - Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 the performance of the services required by this contract, and against al I loss by reason of the failure of the County to perform fully, in any respect, all obligations under this contract. The City's liability shall be governed by the provisions of Minnesota Statutes. Chapter 466 or other applicable law. This section is not intended, nor shall it be interpreted, to operate as a waiver by the City or County of defenses and limitations of liability under common law or Minnesota Statutes, Chapter 466, with respect to claims made against the City or County by third parties. IX Liability Each party to this Agreement or their agents shall not be responsible or liable to the other party or to any other person whomsoever for any liabilities, claims, actions or causes of actions, judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of or by reason of the performance of any design or construction work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program. X Insurance The City also agrees that any contract let by the City or its agents for the performance of the work on the Project as provided herein shall include clauses that will: I) Require the Contractor to defend. indemnify, and hold the County, its officials, officers. agents and employees harmless from any liability. causes of action, judgments. damages, losses. costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the Contractor, its officers, employees, agents or subcontractors in performing work on the Project; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: I.Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: General Aggregate - 5 - Limits $2.000,000 Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 Products--Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles: $1,500,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability- Bodily injury by: Accident - Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 4. Professional Liability—Per Claim $1,500,000 Aggregate $2,000,000 The above listed Professional Liability insurance will not be required in any construction contract let by City if the City's Contractor is not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with the Project. - 6 - Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XI Worker Compensation Claims Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. X11 Authorized Representatives In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement. the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. X111 Amendment The entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter - 7 - Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XIV Whereas Clauses and Exhibits The whereas clauses are incorporated herein and are hereby made a part of this Agreement. xv Effective/Expiration Dates This Agreement will be effective on the date the County has obtained all required signatures per the requirements stipulated in the laws in the State of Minnesota. This Agreement will expire when all obligations set forth herein have been satisfactorily fulfilled by each party. XVI Cancellation/Termination This Agreement may be terminated or cancelled by each party by mutual agreement with or without cause by either party upon thirty (30) day written notice. This Agreement shall be terminated or cancelled by any party upon a material breach by the other party. XVII Survival of Terms Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: (VO Maintenance by the City, (VII) Records/ Audits, (VIII) Indemnification, (IX)Liability, (X) Insurance, (XI) Worker Compensation Claims, (XVI) Cancelation and Termination, and (XIX) Minnesota Laws Govern. If any provision of this Agreement shall be found to be invalid or unenforceable, the parties agree that such invalidity shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect. - 8 - XVIII Nondiscrimination Agreement No. PW 06-13-19 CSAH 70; C.P. 2183900 The provisions of Minnesota Statute Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. XIX Minnesota Laws Govern The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. (this space left intentionally blank) - 9 - IN TESTIMONYWHEREOF, The partieshereto have causedthisAgreementtobe executedbytheirrespectivedulyauthorizedofficersasofthedayandyearfirstabovewritten. CITY OF GOLDEN VALLEY Seal) By: MayorDate: And: Manager Date: - 10- Executive Summary For Action Golden Valley City Council Meeting May 7, 2019 Agenda Item 6. A. Second Consideration – Amendment to City Code Section 16-193: Contract and Licensing Requirements Prepared By Marc Nevinski, Physical Development Director Summary This is the second consideration of modifications to the City’s Collectors of Solid Waste and Recyclables ordinance. The proposed ordinance modifications relate to the number of City licenses issued for refuse and recycling collection and hauling. The first consideration was held on April 16, 2019. At the April Council/Manager meeting, Council discussed waste collection options and directed staff to retain the open hauler system but begin to modify the solid waste ordinance to enhance the City’s standards. Council also asked that during the process a limit be established for the number of waste hauling licenses available. Staff prepared an amendment to City Code Section 16-193 to limit the number of refuse collection and hauling licenses to not exceed 10 and recycling collection and hauling licenses to not exceed 6. If Council adopts the second consideration of the ordinance, it will be effective upon publication. Attachments • City Code Section 16-193: Contract and Licensing Requirements underline/overstruck version (1 page) • Ordinance #662, Amendment to Article VII. Collectors of Solid Waste and Recyclables, Sections 16-193: Contract and Licensing Requirements (1 page) Recommended Action Motion to adopt second consideration Ordinance #662, Amendment to Section 16-193: Contract and Licensing Requirements. 1 ARTICLE VII. - COLLECTORS OF SOLID WASTE AND RECYCLABLES Sec. 16-193. - Contract and Licensing Requirements. (a) Residential Disposal of Waste. Every household, including occupants of multifamily dwellings with four or fewer units, must either directly or through the owner or manager of a multifamily dwelling unit: (1) Have a contract for at least bi-weekly collection of garbage and refuse with a hauler licensed by the City; or (2) Apply for and receive a waiver of the requirement of Subsection (a)(1) of this section by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. (b) Commercial Disposal of Waste. Each owner or manager of a commercial establishment, or multifamily dwelling with greater than four units must: (1) Have a contract for at least weekly and as often as once each business day if necessary to protect the public health, safety and general welfare, for collection of garbage and refuse with a hauler licensed by the City; or (2) Apply for and receive a waiver of the requirement of Subsection (b)(1) of this section by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. (c) Misdemeanor Violation. Failure to have a contract with a licensed hauler of garbage and refuse, or to have received a waiver from the City is a misdemeanor. (d) License Required. It is unlawful for any person to collect or transport garbage, recyclables or refuse for hire without having first secured a license from the City. (e) License Requirements. In addition, to the requirements otherwise set forth in this article for the issuance and maintenance of a license to collect or transport garbage, recyclables or refuse, each licensed hauler is obligated to show evidence of ability to comply with the following requirements when it submits its license application for hauling or transporting garbage, recyclables or refuse, and continue to comply with such requirements while hauling garbage, recyclables or refuse, as follows: (1) Haulers must offer separate durable yard waste containers. (2) Haulers must offer solid waste and yard waste containers that are not easily corrodible or combustible and which are made from at least 50 percent post-consumer recycled material. (3) Haulers must haul yard waste from April 1 to November 15, and as otherwise designated by the City Manager's designee. (4) To accommodate the needs of the physically challenged and disabled, and to promote the health, safety and general welfare of the residents of the City, each hauler shall provide valet service for seniors and the physically disabled among its contract options. (f) Limitation on Number of Licenses (1) The number of licenses issued for refuse collection and shall not exceed 10. (2) The number of licenses issued for recycling collection and hauling shall not exceed 6. ORDINANCE NO. 662 AN ORDINANCE AMENDING THE CITY CODE Chapter 16 Licenses, Taxation and Miscellaneous Regulations, Article VII. Collectors of Solid Waste and Recyclables, Sections 16-193: Contract and Licensing Requirements The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 16-193, Contract and Licensing Requirement is hereby amended by adding subd. (f) to read as follows: (f) Limitation on Number of Licenses (1) The number of licenses issued for refuse collection and hauling shall not exceed 10. (2) The number of licenses issued for recycling collection and hauling shall not exceed 6. Section 2. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration April 16, 2019 Second Consideration May 7, 2019 Date of Publication May 16, 2019 Date Ordinance takes effect May 16, 2019 Adopt by the City Council this 7th day of May, 2019. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Kristine A. Luedke Kristine A. Luedke, City Clerk