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07-16-19 CC Agenda Packet (entire)      REGULAR MEETING AGENDA        1.  Call to Order    A.  Pledge of Allegiance  Pages    B.  Roll Call      C.  2018 Police Department Annual Report  3    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 – June 11, 2019  4‐5      2.  City Council Meeting – July 2, 2019  6‐9    B.  Approval of City Check Register  10    C.  Minutes of Boards and Commissions:        1.  Human Rights Commission – May 28, 2019  11‐12      2.  Bassett Creek Watershed Management Commission – May 16, 2019  13‐18    D.  Bids and Quotes:       1.  Award Contract for DeCola Ponds B & C Improvement Project 19‐26      2.  Award Contract for Infrared Radiant Heat Replacement Project No. 19‐13  27‐34    E.  Authorize Agreements for Stream Bank Stabilization at 510 Cloverleaf Drive  35‐54    F.  Appoint Data Practices Compliance Officer and Update Golden Valley Data Practices  Policy 19‐43  55‐87    4.  Public Hearing      A.  Public Hearing – Ordinance #667 – Approval of Conditional Use Permit 169 – Operation of   an Adult Day Care Facility in an Industrial Zoning District – 2300 Nevada Ave N, Suite #300  88‐110    5.  Old Business    6.  New Business    All Ordinances listed under this heading are eligible for public input.    A.  Minor PUD Amendment – The Xenia Apartments PUD No. 113, Amendment #3 – 770  Xenia Avenue South  111‐118      July 16, 2019 – Immediately following  HRA Meeting  Council Chambers  Golden Valley City Hall  7800 Golden Valley Road  City of Golden Valley     City Council Regular Meeting  July 16, 2019 – 6:30 pm          2  6.  New Business ‐ continued      B.  Review of Council Calendar      C.  Mayor and Council Communications      7.  Adjournment    Executive Summary For Action Golden Valley City Council Meeting July 16, 2019 Agenda Item 1. C. 2018 Police Department Annual Report Prepared By Jason Sturgis, Chief of Police Summary Chief Sturgis will present an overview of police department operations during 2018. Crime rates, community outreach, and productivity will be outlined. REGULAR MEETING MINUTES The meeting began at 6:30 pm in the Evergreen Deck & Basset Creek Room. Present: Mayor Pro Tem Clausen and Council Members; Rosenquist and Schmidgall Absent: Mayor Harris and Council Member Fonnest Staff present: City Manager Cruikshank, Physical Development Director Nevinski, Finance Director Virnig, City Engineer Oliver and Assistant City Engineer Kakach 1. Review Comprehensive Annual Financial Report Finance Director Virnig announced the completion of 2018 Comprehensive Annual Financial Report and introduced Mr. Bill Lauer from the auditing firm of Malloy, Montague, Karnowski, Radosevich & Co. Mr. Lauer presented the Management Report and Special Purpose Audit information and summarized the audit process, results, and changes for the year. Finance Director Virnig and City Manager Cruikshank answered questions from the Council. 2. Discuss 2019 Bike Lane Improvement Project No. 19-02 Physical Development Director Nevinski presented the staff report and provided background information on the Bike/Ped Task Force including their goals which are to establish and build a network of routes in Golden Valley while ensuring safety, comfort, and convenience within them. Mr. Nevinski said the project would be split into two years due to the budget allotments and provided information on the areas being proposed in 2019. He also supplied information on the upcoming project’s public open house and answered questions from Council. City Engineer Oliver and Traffic Engineer Mike Kotila, SEH, presented the proposed 2019 project in detail including the anticipated bike lane corridor areas and the parking restrictions that may be required along the corridors. City Engineer Oliver, City Manager Cruikshank, and Mr. Kotila answered questions from the Council. Mayor Pro-Tem Clausen recognized a resident in the audience who wished to speak and asked the other the Council Members if they minded. The Council did not and the resident asked if the graphics being shown will be added to the City’s website for further review. She also asked for clarification on the proposed bike lane routes parking impacts. Mr. Oliver and Mr. Nevinski answered the resident’s questions. The Council discussed the possible parking impacts, the proposed bike lane routes, the public open house, and the next steps in the process. After the discussion, Council consensus was to request staff to bring back the resident’s input and comments after the public open house to the July Council/Manager meeting. June 11, 2019 – 6:30 pm Evergreen Deck & Bassett Creek Room Brookview 316 Brookview Parkway S City of Golden Valley City Council/Manager Regular Meeting Minutes June 11, 2019 – 6:30 pm 2 3. Council Review of Future Draft Agendas: City Council June 18, City Council July 2, and Council/Manager July 9, 2019 No changes were submitted for future draft agendas. The meeting adjourned at 8:13 pm. Joanie Clausen, Mayor Pro tem ATTEST: Tomas Romano, City Managers Assistant REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Mayor Harris. 1A.Pledge of Allegiance 1B.Roll Call Present:Mayor Shep Harris,Council Members Joanie Clausen,Larry Fonnest,Gillian Rosenquist and Steve Schmidgall Staff present:City Manager Cruikshank,City Attorney Cisneros and City Clerk Luedke 2.Additions and Corrections to Agenda MOTION made by Council Member Fonnest,seconded by Council Member Schmidgall to approve the agenda of July 2,2019,as submitted and the motion carried. 3.Approval of Consent Agenda MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to approve the consent agenda of July 2,2019,as revised:removal of 3F Accept Donation from the Golden Valley Federated Women’s Club and 3H Board/Commission Appointments and the motion carried. 3A1.Approve Minutes of City Council Meeting June 18,2019. 3B.Approve City Check Register and authorize the payments of the bills as submitted. 3C.Licenses: 1.Approve a temporary on sale liquor license for the Chester Bird American Legion located at 200 North Lilac for their 10th Annual Roll with American Pride Car/Motorcycle Show on September 15,2019,contingent upon receipt of the liquor liability insurance certificate. 2.Receive and file the gambling license exemption and approve the waiver of notice requirement for Sojourner Project. 3D.Minutes of the Boards and Commissions: 1. Planning Commission Minutes June 10,2019 2. Board of Zoning Appeals Minutes May 28,2019 3. Human Rights Commission Minutes April 23,2019 4. Civil Service Commission Minutes April 29,2019 3E.Bids and Quotes: 1.Award contract for 2019 Pavement Preservation Project to Corrective Asphalt Materials,LLC in the amount of 35,836. 3F.Accept a Donation from the Golden Valley Federated Women’s Club. 3G.Receive and file the May 2019 Financial Reports. 3H.Board/Commission Appointment. 3I.Adopt Resolution 19 42,amending 19 37 Request for Deputy Registrar Reimbursement Grant July 2,2019 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes July 2,2019 6:30 pm 2 3.ITEMS REMOVED FROM THE CONSENT AGENDA 3F.Accepting a Donation from the Golden Valley Federated Women’s Club for the Summer Concert Series Council Member Clausen thanked the Golden Valley Federated Women’s Club for their donation to the City. MOTION made by Council Member Clausen,seconded by Council Member Schmidgall to adopt Resolution 19 41,accepting a Donation from the Golden Valley Federated Women’s Club for the Summer Concert Series.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/Commission Appointment Mayor Harris said that the Council interviewed Board/Commission candidates for open positions before the City Council meeting. MOTION made by Council Member Rosenquist,seconded by Council Member Clausen to approve the following Board and Commission appointments and the motion carried. Board of Zoning Appeals Kade Arms Regenold,youth 1 year expires 5/1/20 Planning Commission Ari Prohofsky youth 1 year expires 5/1/20 4.Public Hearing 4A.Public Hearing Approval of Conditional Use Permit 168 Allowing Child Care Center at Good Shepherd School 145 Jersey Avenue South Senior Planner/Grant Writer Goellner presented the staff report and answered questions from Council. Mayor Harris opened the public hearing.No one came forward.Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall,seconded by Council Member Fonnest to adopt Ordinance 666,approval of Conditional Use Permit 168 allowing a Child Care Center at Good Shepherd School located at 145 Jersey Avenue South.Upon a vote being taken,the following voted in favor of:Clausen,Fonnest,Harris,Rosenquist,and Schmidgall,the following voted against:none and the motion carried. 5.Old Business City of Golden Valley City Council Regular Meeting Minutes July 2,2019 6:30 pm 3 6.New Business 6A.Review of Council Calendar The City Offices will be closed on July 4,2019,in observance of Independence Day. Some Council Members may attend the Market in the Valley on July 7 and 14,2019,from 9 am to 1 pm in the City Hall Campus Parking Lot. Some Council Members may attend the Ice Cream Social and Concert in the Park featuring the John Sousa Band on July 8,2019,at 7 pm at Brookview Park located at 200 Brookview Parkway. Some Council Members may attend the Rising TIDES Task Force meeting on July 9,2019,from 5:15 to 6 pm in the Council Conference Room. The next Council/Manager meeting will be held on July 9,2019,at 6:30 pm. A Housing and Redevelopment Authority Work Session will be held on July 9,2019,at 8 pm. A Concert in the Park featuring the Banjo Boys will be held on July 15,2019,at 7 pm at Brookview Park located at 200 Brookview Parkway. The next Housing and Redevelopment Authority Meeting will be held on July 16,2019,at 6:30 pm. The next City Council meeting will be held on July 2,2019,immediately following the HRA meeting. 6B.Mayor and Council Communication Council Member Rosenquist said she attended the League of Minnesota Cities Annual Conference and the City of Golden Valley received the GreenStep 4 recognition.She thanked staff and the Environmental Commission for their efforts on the initiative.She also provided additional information on the conference. Mayor Harris said that Brookview was named as one of Finance Commerce’s top projects in 2018,making the top 40 of nearly 100 projects chosen.He also provided information on the City’s Community CAM program with the Golden Valley Police Department. Senior Planner/Grant Writer Goellner told the Council that she will be leaving the City of Golden Valley for a position at the City of Wayzata.The Council thanked her for her service to the City and wished her the best for her future. City of Golden Valley City Council Regular Meeting Minutes July 2,2019 6:30 pm 4 7.Adjourn MOTION made by Council Member Schmidgall,seconded by Council Member Clausen and the motion carried to adjourn the meeting at 6:58 pm. Shepard M.Harris,Mayor ATTEST: Kristine A.Luedke,City Clerk Executive Summary For Action Golden Valley City Council Meeting July 16, 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 07/12/2019 Check Register Recommended Action Motion to authorize the payment of the bills as submitted. 7800 Golden Valley Road I Golden Valley, MN 55427 goll·iat,,v eo.fn. 763-593-3989 I TTY763 593-3968 I 763-593-8198 (fax) I www.goldenvalleymn.gov Human Rights Commission valley REGULAR MEETING MINUTES Call to Order The meeting was called to order at 6:34 pm by Chair Harris. Roll Call May 28, 2019 -6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road Commissioners present: Commissioners absent: Staff present: Council present: Approval of Agenda Maurice Harris, Carrie Yeager, Jonathan Burris, Teresa Martin, Eve Clarkson, Chris Mitchell, Kyle Scott, Gloria Peck Lauren Barry Kirsten Santelices, Human Resources Director Joanie Clausen, City Council Liaison MOTION by Scott to approve agenda. Seconded by Peck. Motion carried. Approval of March Regular Me eting Minutes Commission suggested two minor amendments to the April minutes. MOTION by Burris to approve the April 23, 2019 regular meeting minutes as amended. Seconded by Scott. Motion carried. Special Presentation Council Member Clausen provided the Commission with a history of the Human Rights Commission and her conversation with one of the Commission's founding members Sylvia Kaplan. Clausen shared that Sylvia wanted to visit the Golden Valley History Museum, and suggested that she visit at the same time the HRC members visit the museum on June 25, 2019 (June HRC meeting location). The Commission MOTION by Burris to invite Sylvia Kaplan to the June meeting and present her with a certificate of appreciation for her work on the Commission. Seconded by Yeager. Motion carried. Staff Liaison Santelices will email the official invitation to Sylvia Kaplan and create the certificate of appreciation to present to her at the June meeting. Commissioner Martin shared that Crystal Boyd and Don Anderson will also be in attendance of the June meeting. Council Member Clausen shared a variety of historical documents related to the HRC, which Staff Liaison Santelices will include in the packet, and send out to the Commissioners. Promotional Materials Update Staff shared the final product of the stickers that the Commission created. Staff will work with Communications to print bookmarks, and print 200 copies of the brochures for the Pride festival. The Commission reviewed the brochure to ensure no changes needed to be made. Commission also shared This document is available in alternate formats upon a 72-hour request. Pleas e call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternateformatsmayincludelargeprint, electronic, Braille, audiocassette, etc. IJ City of Golden Valley May 28, 2019 -6:30 pm Human Rights Commission Regular Meeting Minutes 3 going to research and bring suggestions for both volunteering opportunities and organizations to support with collections. Elections of Chair and Vice Chair Nomination of Commissioner Yeager for Vice Chair, seconded, accepted, no other nominations. Nomination of Commissioner Mitchell for Chair, seconded, accepted, no other nominations. Commissioner Yeager voted in at Vice Chair and Commissioner Mitchell voted in as Chair. June Meeting Reminder Meeting will be at the Historical Society. Commission will confirm time of the tour and the meeting. Adjourn MOTION by Scott to adjourn at 8:07 pm. Seconded by Burris. Motion carried. ATTEST: L -ia-i -so_n Respectfully submitted, Kirsten Santelices, Staff Liaison MauriceHar s, Chair 1. CALL TO ORDER and ROLL CALL On Thursday, May 16, 2019 at 8:31 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), 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 Absent Golden Valley Stacy Harwell Jane McDonald Black Drew Chirpich Medicine Lake Clint Carlson Gary Holter Absent Minneapolis Michael Welch Vacant Position Absent Minnetonka Mike Fruen Absent Sarah Schweiger New Hope Absent Pat Crough Megan Hedstrom Plymouth Jim Prom Catherine Cesnik Absent Robbinsdale Michael Scanlan Absent Marta Roser, Richard McCoy 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 David Anderson, Kennedy & Graven Presenters/ Guests/Public Jake Newhall, WSB; Erik Miller, Sambatek; Cody Dietrich, Doran Companies; Emily Javens, MAWD 2. CITIZEN FORUM ON NON-AGENDA ITEMS No citizens present. Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, May 16, 2019 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC May 16, 2019 Meeting Minutes Page 2 of 6 3. APPROVAL OF AGENDA MOTION: Commissioner Harwell moved to approve the agenda. Commissioner Welch seconded the motion. Upon a vote, the motion carried 9-0. 4. CONSENT AGENDA The following items were approved as part of the consent agenda: April 18, 2019 Commission meeting minutes, acceptance of the May 2019 financial report, payment of invoices, Acceptance of Fiscal Year 2018 Financial Audit Report, approval of 2018 Annual Activity Report, approval of Ridgedale Drive Reconstruction Project, approval of Reimbursement Request for Schaper Pond Diversion Project. The general and construction account balances reported in the May 2019 Financial Report are as follows: Checking Account Balance $ 741,249.83 TOTAL GENERAL FUND BALANCE $ 741,249.83 TOTAL CASH & INVESTMENTS ON-HAND (05/08/19) $ 3,567,058.78 CIP Projects Levied – Budget Remaining $ (4,639,837.10) Closed Projects Remaining Balance $363,221.68 2012-2017 Anticipated Tax Levy Revenue $7,045.36 2018 Anticipated Tax Levy Revenue $10,316.57 Anticipated Closed Project Balance $380,583.61 MOTION: Commissioner de Lambert moved to approve the consent agenda. Commissioner Scanlan seconded the motion. Upon a vote, the motion carried 9-0. 5. BUSINESS A. Receive Presentation from Minnesota Association of Watershed Districts (MAWD) Emily Javens, the Executive Director of MAWD, applauded the BCWMC for such a high level of engagement. She then provided an overview of the organization, its work, and its benefits to members. MAWD performs a number of functions including lobbying with the State legislature or with state agencies. They provide education and training for commissioners/managers and staff, organize the summer tour and a large annual meeting. The annual meeting has technical sessions and a resolution process. Ms. Javens noted that MAWD members will get a resolutions packet in June or July to help set priorities. Ms. Javens talked about the legislative platform and noted some of the things that were worked on this year: carp management to allow local governments to use different fishermen; updating watershed districts’ per diem limits; coordinating local water management plans to reduce duplication of activities and streamline planning. Ms. Javens also BCWMC May 16, 2019 Meeting Minutes Page 3 of 6 mentioned that the limited liability bill to reduce salt use is still in the 2019 environmental omnibus bill. She stated that every legislator knows that over application of salt is a problem. She also mentioned that networking at different MAWD events is very useful. Ms. Javens noted that the dues structure is changing for 2020 and that the current cap is $7,500. She noted MAWD is exploring using different metrics including annual budgets or TMV (taxable market value), and they are open to any and all ideas. She welcomes someone from BCWMC to be on the finance committee. There was a discussion about a new organization formed to lobby against the ability for watersheds to impose development requirements. Ms. Javens noted that a developer from Duluth formed a coalition of developers and she is meeting with them to correct misconceptions. She noted this coalition is portraying the One Watershed One Plan as onerous. The group currently has a proposed amendment to State Statutes to strike the ability of watersheds to regulate. Commissioner Welch noted the new organization is not attempting to work in partnership with watersheds. Commissioner Harwell asked about changes at the federal level regarding “waters of the United States.” Ms. Javens said MAWD is studying the impacts but Commissioner Welch offered that there is no significant impact on Minnesota waters due to existing State protections. He also noted that joining MAWD now is good timing because of the new executive director and better communications. Alt. Commissioner McDonald Black commented that the dues will have budget implications for BCWMC and will be discussed later in the meeting. B. Consider Approval of Crane Lake Improvement Project 90% Plans Administrator Jester noted that at the March 21, 2019 meeting, the Commission approved the City of Minnetonka’s feasibility study and approved moving forward with Option 3 – constructing an underground treatment system beneath a proposed park just east of Ridgedale Drive to act as pre-treatment before being pumped to a sand infiltration/filtration system in the Crane Preserve Park. She noted this project is ahead of a typical CIP schedule in order to stay in line with Ridgedale Drive reconstruction. Jake Newhall, with WSB, explained that 13.5 acres currently drain to Crane Lake without treatment and that this project includes a treatment gallery within the new park including 12,250 cubic feet of storage. The project also provides filtration/infiltration treatment, sediment removal and an educational kiosk. Construction of Ridgedale Drive is starting this June and the CIP project construction would start early next year. Commission Engineer Chandler recommended approval of the 90% plans with the following changes to the recommendations in the engineer’s memo: revise recommendation A to read “Approval of 90% drawings”, no change to recommendation B, and delete “after modifications have been completed” from recommendation C. Commissioner Welch stated that this project is a good example of new and better engagement with the Commission and a good process. Alt. Commissioner McDonald Black noted that the cost per pound of phosphorus removal was much lower than other recent projects. There was a brief discussion about the Met Council’s continued consideration of a pilot project to accept chloride-laden water in the sanitary sewer system. Mr. Newhall noted that chloride education on the sign would be appropriate. MOTION: Commissioner Fruen moved to approve the 90% design plans and the engineer’s recommendations (as revised) for the Crane Lake Improvement Project. Commissioner de Lambert seconded the motion. Upon a vote, the motion carried 9-0. C. Set 2020 Maximum Levy Amount for Collection by Hennepin County Administrator Jester explained that a maximum 2020 levy amount for collection by Hennepin County on behalf of the Commission must be set at this meeting. She recommended a levy of $1.5M for the remainder of the DeCola Ponds Project, and several other projects slated to start in 2020 including water quality improvements in Bryn Mawr Meadows (BC-5), BCWMC May 16, 2019 Meeting Minutes Page 4 of 6 Stormwater Pond in Jevne Park to alleviate flooding/improve water quality (ML-21), Crane Lake Improvement Project via Ridgedale Drive (CL-3), and Sweeney Lake Water Quality Improvement Project (alum + carp management) (SL-8). She noted the Commission can lower the levy request when it submits its final levy amount in September of this year, but it cannot request more at that time. MOTION: Commissioner Scanlan moved to approve $1,500,000 as the 2020 maximum levy for collection by Hennepin County. Commissioner Carlson seconded the motion. Upon a vote, the motion carried 9-0. D. Review Budget Committee Recommendations for 2020 Operating Budget Administrator Jester reviewed the Budget Committee meeting notes. The Budget Committee met on April 22, 2019 and May 8, 2019 to discuss and develop the proposed 2020 operating budget for the Commission. The committee is seeking feedback from commissioners and TAC members on the proposed budget that includes a 3% increase in city assessments over 2019 levels. Administrator Jester walked through changes in the budget and measures to reduce costs. Jester reminded the Commission that the final proposed budget should be approved no later than the June meeting and is due to cities by July 1st to receive their input. Alt. Commissioner McDonald Black brought up concerns about the budget. Specifically, she stated that actual costs for the development of the next Watershed Management Plan should be incorporated into this budget at a higher amount. She believes the BCWMC should be saving more each year for planning rather than putting off these costs. She noted that at current levels, there would be a huge increase during planning years. She also cautioned the Commission to be careful with percentages as they can be misleading. Commissioner Harwell asked what her recommendation would be. Alt. Commissioner McDonald Black doesn’t know if being a MAWD member is worth the money. She further stated that if MAWD is important, assessments should be increased. Administrator Jester said the last plan was expensive to develop because a lot of changes were made, like adopting MIDS and developing buffer standards. She noted that several issues have been addressed since the plan was adopted including a CIP prioritization process and the Flood Control Project policies. She noted that the next plan should not be as expensive to develop. Alt. Commissioner McDonald Black stated that BCWMC needs to have at least $15,000 in the 2020 budget to set aside for the plan. She re-stated that this budget needs to reflect this actual cost. Commissioner Welch thanked the Budget Committee. He mentioned that every line item in the budget should be considered separately. He also noted that the Commission is still likely to run into some significant policy discussion during development of the next plan, particularly on the CIP. He also advocated for staying in MAWD so that the Commission continues to have a seat at the table.” Commissioner Harwell agreed with Alt. Commissioner McDonald Black that we need to factor in actual costs, but she, too, wanted to continue being a member of MAWD. Commissioner de Lambert thought we should have a budget figure for development of the next plan and fund to that figure. He noted that Linda Loomis volunteered a lot of time to the last planning effort. He stated that what BCWMC is setting aside now is clearly not enough if we want to save for the entire plan costs. Administrator Jester noted it could be really difficult to know what the next plan would cost to develop because we don’t know the issues that might arise between now and then. Commissioner Welch added that cities are used to paying higher assessments during planning years. There was some discussion about the pros and cons to overfunding vs. underfunding the plan. Engineer Chandler echoed the Administrator’s comments that plan costs are hard to determine at this point because there is no scope and many moving parts. MOTION: Commissioner Welch moved to direct Administrator Jester and Engineer Chandler to develop a very preliminary plan budget estimate. Commissioner Scanlan seconded the motion. Discussion: There was some discussion about the process of dialogue during the meeting, with some commissioners feeling their comments were cut off prematurely by Chair Prom. Commission Attorney Anderson clarified that it is up to the chair on BCWMC May 16, 2019 Meeting Minutes Page 5 of 6 how they want to run the meeting, but said that in general, commissioners should not be cut off mid-sentence. Chair Prom apologized for cutting people off. Commissioner de Lambert noted that he thought $75,000 might be a good budget figure for the next plan. Commissioner Anderson said 3% increase in assessments is reasonable, that a budgeting process is really a priority setting exercise, and that he supports the budget as presented. Chair Prom noted that city councils routinely have to remove activities from budgets when a higher priority arises. VOTE: Upon a vote the motion carried 9-0. E. Consider Approval of Marsh Run Apartments Project Commission Engineer Chandler reminded the Commission that they reviewed and conditionally approved this proposed project at the April meeting. She further explained that since the conditional approval, the applicant has worked with the BCWMC Engineer to address the conditions of approval, but has been unable to demonstrate compliance to the BCWMC water quality requirements using Contech Jellyfish filters as part of the stormwater treatment system. The applicant is proposing to replace the Contech Jellyfish filters with Contech StormFilters to meet the BCWMC water quality requirements and submitted revised plans. Staff recommended full approval and reconsideration of the monitoring requirements approved at the April meeting. She further noted that since the engineering memo in the meeting materials was sent out all conditions have been met. She noted that this seems to be a better device and is much more confident it will meet Commission requirements. Erik Miller, from Sambatek, answered some questions about the StormFilter testing and performance. The testing was independent and he was confident that it will perform as modeled. Replacing the filters will be part of the maintenance agreement with the city, which will be recorded with the property. Commissioner Welch brought up that the previous application needed monitoring because the Commission Engineer wasn’t confident that device would work, but that is not the situation with this device. Engineer Chandler replied that she would prefer if state agencies or some other statewide program tested the devices so they could be added to the MN Stormwater Manual. MOTION: Commissioner Welch moved to approve the Marsh Run Apartments project without conditions and without monitoring. Commissioner de Lambert seconded the motion. Discussion: There was some discussion about the life expectancy of the device. It was noted that it’s a concrete structure with filters that will be changed regularly. There was discussion about the importance of maintenance and the city’s responsibility in ensuring it’s maintained properly. VOTE: Upon a vote the motion carried 9-0. F. Receive Update on 50th Anniversary Event Administrator Jester gave an update about the anniversary event. She noted Mark Seeley has been secured as a keynote speaker and that a save the date email invitation was sent out and the formal invitation will go out next week. She also listed the projects that will toured. 6. COMMUNICATIONS A.Administrator’s Report i. Meeting with Hennepin County Commissioner Fernando on June 14 th. The Commissioner has requested information ahead of time so they can have a “level 3” (in-depth) meeting. BCWMC May 16, 2019 Meeting Minutes Page 6 of 6 ii. She reported being active on a few panels such as Land Development Summit, Water Summit, and AMLAC meeting. She reported on the beginning stages of the redevelopment proposal at the Four Seasons Mall area. B.Chair i. Chair Prom noted that he intends to move discussions along during the meeting but will work on being more judicious. C.Commissioners i. Commissioner Welch mentioned the Bassett Creek Valley Summit on June 4th that he will be attending, along with Administrator Jester. Commissioner Harwell asked him to forward the invite. ii. Commissioner Welch also mentioned that the court of appeals overturned the White Bear Lake decision and it is being sent back to the DNR. iii. Commissioner Scanlan reported on AIS Detectors Training Course and Water Summit. D.TAC Members i. Next meeting May 29. Roser said there is a Smart Salting model ordinance in development and interesting discussion to deal with deicers and water softener salt. E.Committees i. Next Education Committee Meeting May 22 F.Legal Counsel i. None G.Engineer i. Chandler announced that the MPCA Commissioner will be giving a presentation at Barr and commissioners will be invited. 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. Sun Post Article on BCWMC History and Flood Control Project E. West Metro Water Alliance 2018 Annual Report F. CCX Story on Winnetka Pond Dredging Project G. AIS Prevention Videos, Sea Grant 8. ADJOURNMENT The meeting adjourned at 10:35 a.m. Upcoming Meetings & Events tD Ž Ž D D Ž s tD d Ž Ž D D Ž s t D ŽŽ D d 20th, 8:30 a.m., Golden Valley City Hall t dŽ Ž d ŽŽ Ž Golden Valley Signature/Title Date Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting July 16, 2019 Agenda Item 3. D. 1. Award Contract for DeCola Ponds B & C Improvement Project Prepared By Jeff Oliver, City Engineer Eric Eckman, Development and Assets Supervisor Summary The DeCola Ponds B and C Improvement Project is one of several flood mitigation projects identified in the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan developed by the cities of Golden Valley, Crystal, and New Hope in 2016. As part of the plan, the three cities committed to looking for partnerships and constructing projects to lower flood levels and reduce flood damage in the area as soon as funding would allow. The DeCola Ponds B and C Improvement Project has several partners including the Minnesota Department of Natural Resources (DNR) with a grant through its flood damage reduction program; Hennepin County for its portion of the contributing drainage area; and the Bassett Creek Watershed Management Commission (BCWMC) which added this project to its Capital Improvement Program. Through agreements with the BCWMC and DNR, the City of Golden Valley is designing and constructing the DeCola Ponds B and C Improvement Project. As shown on the attached location map, the areas around DeCola Ponds B and C are being expanded to create flood storage to help alleviate a chronic flooding problem within the sub-watershed. The primary benefits of the project include reducing flood damage to nearby homes and businesses, protecting public health, and improving public safety by lowering flood levels on Medicine Lake Road and surrounding local streets. Additional benefits include improving water quality, restoring vegetation and wildlife habitat, and improving recreation and park user experience. In order to complete the project in the most efficient and cost-effective manner, the project is being split into two phases, each with a separate contract. Phase one involves earthwork, utilities, and trail paving. Phase two involves restoration, planting, and establishment of native vegetation (trees, shrubs, grasses and wildflowers) over three growing seasons. Separating the project in this way reduces cost and provides more direct control and better results with respect to the native vegetation establishment. Phase two of the project will be bid this winter and work will begin in spring 2020. Bids for Phase one of the project were opened on June 26, 2019. Three bids were received and are listed below: Dahn Construction Company LLC $2,942,124.00 Max Steininger, Incorporated $3,619,717.53 Veit & Company, Incorporated $3,363,114.85 Staff reviewed the bids and found them to be accurate and in order and within the project budget. Following is the funding breakdown for this project: DNR Grant (requires 50% local match) $2,300,000 Local Match $2,300,000 BCWMC $1,600,000 Hennepin County & City of Golden Valley $ 700,000 Total Estimated Project Cost $4,600,000 The City’s portion of the project will be funded by its Capital Improvement Program SS-48 DeCola Ponds B and C. As is typical with grant funded projects, the City will provide invoices to the DNR for 50% reimbursement as work on the project is completed. The milestone schedule for Phase one of the project is as follows: Award contract July 16, 2019 Begin construction September 2019 Substantial completion March 2020 Complete construction June 2020 Attachments Location Map (1 page) Contract with Dahn Construction Company LLC (5 pages) Recommended Action Motion to enter into a contract with Dahn Construction Company LLC for DeCola Ponds B & C Improvement Project in the amount of $2,942,124. RhodeIsland Ave NRhode Island Ave NDeColaPond B PennsylvaniaWoods PublicEasementAreaWinnetka Ave NMedicine Lak e R d DeColaPond C DeCola Pond A DeCola PondDRosalynCt23rd Ave FC-1 PROJECT NO. 18-06 CONTRACT FOR THE DeCOLA PONDS B & C IMPROVEMENT CITY PROJECT #18-06 THIS AGREEMENT (the “Agreement”), entered into the 16th day of July 2019 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Dahn Construction Company, LLC, a Limited Liability Company (Domestic), under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “ Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or ( 4) a written order for a minor change in the Work issued by the Engineer. ARTI CLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for the 2019 DeCola Ponds B & C Improvement Project (18-06) (the “Project”) according to the Plans and Specifications and all of the Contract Documents (the “Work”). Contractor shall commence and conclude the W ork in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the W ork in every respect to the satisfaction and approval of the City. ARTICLE 3. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $2,942,124.00 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 4. The City’s Responsibilities. In consideration of the covenants and agreements stated above, the City shall pay Contractor the sum stated in Contractor’s proposal or Bid (the “Contract Price”). Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after receipt of a Certificate of Final Completion issued by the City Engineer confirming that the W ork has been fully completed and the Contract fully performed by Contractor. FC-2 PROJECT NO. 18-06 ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability, and no payment shall be made to Contractor hereunder until the Work shall have been accepted by the City and a certificate of final completion shall have been issued. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of Dahn Construction Company, LLC , and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the W ork within a reasonable time. In the event that any work is terminated under the provisions hereof, all completed items or units of work will be paid for at Contract Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedure on the attached Exhibit A and as otherwise mutually agreed. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the W ork. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. FC-3 PROJECT NO. 18-06 THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR BY ITS BY ITS FC-4 EXHIBIT A Elimination of Work Should any Contract items be eliminated from the Contract or any work be deleted or should the City order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: 1) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. 2) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out below for Surplus Material. 3) For partially completed items, accepted W ork shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. 4) Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the W ork. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. Payment for Surplus Material Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with the following provisions, unless Contractor or one of Contractor’s suppliers elects to take possession of the surplus material without expense to the City: 1) Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. FC-5 2) When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. 3) Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. No payment shall be made for surplus materials that have not been inspected, tested, and accepted for use, nor will any payment be made for accepted materials that have not been properly preserved, stored, and maintained to the date on which they are delivered to the City. Executive Summary For Action Golden Valley City Council Meeting July 16, 2019 Agenda Item 3. D. 2. Award Contract for Infrared Radiant Heat Replacement Project No. 19-13 Prepared By Tim Kieffer, Public Works Maintenance Manager Al Lundstrom, Park and Building Maintenance Supervisor Summary The 2019 Buildings Capital Improvement Program includes $175,000 for infrared radiant heat replacement in public buildings (B-018). The heating systems in the Vehicle and Park Maintenance buildings are increasingly in need of periodic repairs. Furthermore, the systems have become so deteriorated that it is becoming difficult to maintain vacuum pressure causing the systems to be less efficient and use more energy. Staff recommends replacing main components and reusing as many existing parts as possible. Staff received the following quotes: Contractor Total Cost Northern Air Corporation $159,686 UHL Company $149,850 Attachments Quetica Recommendation Letter (1 page) Quote Results (1 page) Contract with UHL Company (5 pages) Recommended Action Motion to award contract for Infrared Radiant Heat Replacement Project to UHL Company in the amount of $149,850. 3800 American Boulevard West, Suite 1500 | Bloomington, MN 55431 | www.quetica.com engineering | financial services | payments | government | transportation | healthcare June 27, 2019 Mr. Al Lundstrom Park Maintenance Supervisor City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Re: City of Golden Valley - Park Maintenance / Police Garage and Vehicle Maintenance Garage 2019 Infrared Radiant Heat Replacement Quetica Project No. 19140 City Project No. 19-13 Dear Mr. Lundstrom: Quetica, LLC reviewed the City of Golden – Park Maintenance / Police Garage and Vehicle Maintenance Garage - 2019 Infrared Radiant Heat Replacement project work scope with Jake Lehmenn of Uhl Company and there were no questions. Uhl Company attended the pre-bid meeting on June 13, 2019 and indicated that they fully understand the scope of work and that they will be ready to start work in as in the tentative schedule. The work schedule will be discussed in the preconstruction meeting. Uhl Company is based in Maple Grove, Minnesota. Quetica, LLC has not recently previously worked with Uhl Company. Based on the review of project work scope with Uhl Company and the fact that they are the low bidder we recommend awarding the project to them. Quetica, LLC recommends that the base bid cost of $149,850.00 for the City of Golden Valley – Park Maintenance / Police Garage and Vehicle Maintenance Garage - 2019 Infrared Radiant Heat Replacement project be accepted from Uhl Company. Please call (651) 964-4646 x866 with any questions, comments. Sincerely, QUETICA, LLC Denny Langer, P.E. Sr. Engineer gold lIIvaey Project 2019 Infrared Radiant Heat City Project #19-13 Quote Bond Contractor's Name 05% NORTHERN AIR CORP Yes D No UHL COMPANY 0Yes O No 0Yes 0No 0Yes 0No Yes 0No 0Yes D No 0Yes D No 0Yes O No 0Yes 0No Yes 0No 0Yes 0No 0Yes D No Yes 0No I 10:00 AM JUNE 27, 2019 Award Date: 07-02-19 Base Quote Alternate Total Quote ISfr t136 _r-o ri, /SC,. 6'Jb.uo It /Lf &J ss-a a1 1PIti'{ 8'3JuJ FC-1 PROJECT NO. 19-13 CONTRACT FOR THE 2019 PARK MAINTENANCE/POLICE GARAGE AND VEHICLE MAINTENANCE GARAGE INFRARED RADIANT HEAT REPLACEMENT CITY PROJECT NO. 19-13 THIS AGREEMENT (the “Agreement”), entered into the 16th day of July 2019 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and UHL Company, Incorporated, a Corporation, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “ Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or ( 4) a written order for a minor change in the Work issued by the Engineer. ARTI CLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for the 2019 Park Maintenance/Police Garage and Vehicle Maintenance Garage Infrared Radiant Heat Replacement City Project No. 19-13 (the “Project”) according to the Plans and Specifications and all of the Contract Documents (the “Work”). Contractor shall commence and conclude the W ork in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the W ork in every respect to the satisfaction and approval of the City. ARTICLE 3. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $149,840 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 4. The City’s Responsibilities. In consideration of the covenants and agreements stated above, the City shall pay Contractor the sum stated in Contractor’s proposal or Bid (the “Contract Price”). Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after receipt of a Certificate of Final Completion issued by the City Engineer confirming that the W ork has been fully completed and the Contract fully performed by Contractor. FC-2 PROJECT NO. 19-13 ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability, and no payment shall be made to Contractor hereunder until the Work shall have been accepted by the City and a certificate of final completion shall have been issued. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of UHL Company, Incorporated, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the W ork within a reasonable time. In the event that any work is terminated under the provisions hereof, all completed items or units of work will be paid for at Contract Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedure on the attached Exhibit A and as otherwise mutually agreed. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the W ork. IN WITNESS W HEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. FC-3 PROJECT NO. 19-13 THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR BY ITS BY ITS FC-4 EXHIBIT A Elimination of Work Should any Contract items be eliminated from the Contract or any work be deleted or should the City order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: 1) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. 2) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out below for Surplus Material. 3) For partially completed items, accepted W ork shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. 4) Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the W ork. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. Payment for Surplus Material Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with the following provisions, unless Contractor or one of Contractor’s suppliers elects to take possession of the surplus material without expense to the City: 1) Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. FC-5 2) When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. 3) Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. No payment shall be made for surplus materials that have not been inspected, tested, and accepted for use, nor will any payment be made for accepted materials that have not been properly preserved, stored, and maintained to the date on which they are delivered to the City. Executive Summary For Action Golden Valley City Council Meeting July 16, 2019 Agenda Item 3. E. Authorize Agreements for Stream Bank Stabilization with: 1. Bassett Creek Watershed Management Commission 2. Anthony and Lisa Carlson at 510 Cloverleaf Drive Prepared By Jeff Oliver, City Engineer Eric Eckman, Development and Assets Supervisor Summary As part of its Watershed Management Plan, Stream Restoration Policies, the Bassett Creek Watershed Management Commission (BCWMC) established a program to provide partial funding for stream bank stabilization and restoration projects along the trunk system of Bassett Creek. The program is called the Channel Maintenance Fund and is allocated to member cities based on their percentage of the overall trunk system. The trunk system in Golden Valley includes the Main Stem and Sweeney Lake Branch of Bassett Creek. Upon implementation of this program in 2004, the City Council directed staff to make these funds available to residents on a first come first serve basis to offset costs for stabilization projects on private property on the condition that the property owners provide 50 percent of the funding. The current balance of Golden Valley’s share of the BCWMC fund is about $150,000 and accumulates at a rate of $12,000 per year. Since inception, five property owners have successfully completed projects under this program utilizing approximately $60,000 in funds to construct $120,000 in improvements to protect and improve water quality and habitat. In spring of 2018, the City was approached by the property owner at 510 Cloverleaf Drive requesting assistance in stabilizing their eroding stream bank. The property is located along a section of the stream that was straightened in the 1950s and has since experienced significant erosion and soil loss over the years. The ongoing bank erosion has contributed to sediment deposition in Spring Pond, Schaper Pond, and Sweeney Lake. The City applied for and received permission to utilize up to $15,000 in channel maintenance funds as outlined in the attached agreement with BCWMC. The agreement with BCWMC includes a process for reimbursing the City for construction of the stream bank stabilization project. The City may complete the work itself or enter into an agreements with property owners and provide reimbursement to owners who complete the work. In this case, the owner is proposing to complete the work themselves according to the approved plans, permits, and agreements. The stream bank stabilization project includes the reshaping of stream banks, installation of small fieldstone boulders, and establishment of a native vegetation buffer consistent with City and watershed requirements. The total estimated cost for construction, engineering, and permitting is $30,000, of which 50 percent (up to $15,000.00) is reimbursable by BCWMC. The property owner reimbursement shall not exceed this amount. Attachments Location Map (1 page) Agreement for Channel Maintenance – 2018, City of Golden Valley (5 pages) Agreement for Stream Bank Stabilization with 510 Cloverleaf Drive (12 pages) Recommended Action Motion to authorize entering into agreement for stream bank stabilization with the Bassett Creek Watershed Management Commission. Motion to authorize entering into agreement for stream bank stabilization with Anthony and Lisa Carlson at 510 Cloverleaf Drive. I-169Hwy 100H w y 5 5 I- 394Site Glenwood AveDouglas Dr NWinnetka Ave NMedicine Lake Rd Duluth St Go l d e n V a lley Rd AGREEMENT FOR STREAM BANK STABILIZATION THIS AGREEMENT FOR STREAM BANK STABILIZATION (“Agreement”) made this day of ______________, 2019, by and between the City of Golden Valley, a Minnesota municipal corporation (hereinafter referred to as the “City”), located at 7800 Golden Valley Road, Golden Valley, Minnesota and Anthony J. and Lisa S. Carlson (“Owner”) with reference to the following facts and circumstances: WHEREAS, the Owner is the fee owner of certain real property situated in the City of Golden Valley, Hennepin County, Minnesota, legally described as follows: Lot 1, Block 1, Cloverleaf Woods, City of Golden Valley, Hennepin County, Minnesota (the “Property”). WHEREAS, the City and the Bassett Creek Watershed Management Commission Commission”) have agreed to undertake channel maintenance improvements and stream bank stabilization along the Sweeney Lake Branch of Bassett Creek (the “Sweeney Branch”) for projects which have been approved by the City and the Commission. WHEREAS, under the terms of the Agreement for Channel Maintenance – 2018, City of Golden Valley, between the City and the Commission (the “Channel Maintenance Agreement”) attached as Exhibit A the City can seek from the Commission a partial reimbursement for property owner expenses for stream bank stabilization projects on the Sweeney Branch, so long as the project has been approved by the City and Commission. WHEREAS, the Owner has asked the City to perform a stream bank stabilization project at the Property. NOW THEREFORE, the parties agree as follows: 1. Owner shall complete the stream bank stabilization project on the Property that conforms to the approved plan attached hereto as Exhibit B (the “Plan”). 2.As part of this project, the Owner shall install and maintain into perpetuity a native vegetation buffer, a minimum of ten feet in width, immediately adjacent to the improvements along the stream. The buffer may contain an access corridor up to 20 feet in width, provided the design of such corridor is approved by the City. 3.The Owner shall obtain a Stormwater Management permit from the City prior to the start of construction. 4.The Owner shall acquire bids or quotes to construct the project and shall undertake to have the contractor with the lowest responsible bid or quote construct the project according to the Plan. 5.The Owner shall pay the contractor in full for the work performed and provide the City with proof of expenses and a final unconditional lien-waiver for the work and materials. 6.Upon receipt of the final unconditional lien-waiver from the Owner, the City shall invoice the Commission for lesser of 50% of the Owner eligible out-of-pocket project expenses for the project, including engineering and plan review costs, or $15,000. The City shall deliver to the Owner any reimbursement received from the Commission for the Owner’s eligible project expenses, including design, engineering, permitting, and contract administration. 7.The parties agree that the City’s and Commission’s participation in the project is limited to the payment of stream bank stabilization grant funds in accordance with this Agreement and the Channel Maintenance Agreement. This Agreement does not make the City or Commission partners, agents or co-venturers with the Owner and that the City and Commission will incur no responsibility or liability for the work of the Owner’s project. 8.Owner shall secure all necessary permits for the work on the Project. Upon completion of the Project, Owner shall provide the City record drawings prepared by the design engineer or architect, with a certification by the Contractor that the work that was completed according to the approved plans. 9.Owner shall ensure that all engineers, architects and contractors (“Contractors”) that provide work on any part of the Project have liability insurance in the amount of at least the current statutory limits specified in Minnesota Statutes, Chapter 466 as well as workers compensation insurance in accordance with the statutory requirements of Minnesota law. All Contractors shall name the City, the Commission, and their respective officers, employees, elected officials, and agents as additional insureds on such policies. Before commencing work on the Project, all Contractors shall provide the City and the Commission a Certificate of Insurance demonstrating compliance with this requirement. The Certificate shall provide that the insurance may not be cancelled without giving the City and the Commission at least 30 days’ advance written notice of cancellation. Owner shall require all Contractors to defend, indemnify, protect and hold harmless the City, the Commission, and their respective agents, officers, employees and elected officials from all claims or actions arising from the performance of the work on the Project conducted by the Contractor. 10.Owner shall cause contractor to provide proof of all costs related to the Project. 11.Owner shall defend, indemnify and hold harmless the City and BCWMC, and their respective officers, employees, elected officials and agents from any claims arising out of the design, construction, or maintenance of the Project, including environmental claims. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date first written above. Anthony J. Carlson Lisa S. Carlson CITY OF GOLDEN VALLEY By Shepard M. Harris, Mayor By Timothy J. Cruikshank, City Manager Exhibit A Agreement for Channel Maintenance – 2018, City of Golden Valley AGREEMENT FOR USE OF BASSETT CREEK WATERSHED MANAGEMENT COMMISSION CHANNEL MAINTENANCE FUNDS ThisAgreement is made this 19th day of April, 2018, by and between the Bassett Creek Watershed Management Commission, a Minnesotajoint powersorganization, ("BCWMC") and theCity of Golden Valley, a Minnesota municipal co1p0ration ("City''); WHEREAS, the BCWMC has established a program to workin cooperation with member cities to fundchannel maintenance projects; and WHEREAS, the Cityhas appiied to the BCWMC for funds for a channel maintenance project in the City, a description of which is attached hereto asExhibit A and is made partof this Agreement (the "Project"); and WHEREAS, the BCWMC is willing to provide funding for the City's Project in accordance withthe terms and conditions hereinafter set forth. NOW, THEREFORE, on the basis of thepremises and the mutual covenants hereinafter set forth, the partieshereto agreeas follows: 1.The City agrees to undertake andcomplete the work of the Project as described in the attachedExhibit A, andin accordance with BCWMC'spolicies regarding such grant projects. TheCity may request a change in the Project, which may be authorized, in writing, by the BCWMC's Administrator or Engineer. 2.The plans forthe Project shall be reviewed by the BCWMC'sEngineer, who may approve or require modifications to the Plans. Project design, construction and maintenance will conform to all conditions of approval imposed by theBCWMC. 3.The Cityshall requirethat engineers, architects and contractors for the work of each partof the Project have liability insurance in theamount of at least the current statutory limits specified inMinnesota Statutes, Chapter 466, and that the BCWMC andthe BCWMC's Engineer are named as additional insureds on such policies. Before commencing construction of the Project, theCity shall provide to theBCWMC a Certificate oflnsurance demonstrating compliance with this requirement. TheCertificate shall provide that the insurance may not be cancelled without giving the certificate holder thesame not ice of cancellation as is given to the policyholder. The City will require that thecontractor defend, indemnify, protect and hold harmless the BCWMC and the City, their agents, officers, and employees, from all claims or actions arising fromperformance of the w9rk of the Project conducted by thecontractor. 4.The Cityshall undertake, or cause to be undertaken, theProject in accordance withthe approved plans. Contracts will beawarded by theCityin accordance with allapplicable public bidding and contracting requirements including, but not limited to, requiring the contractor to provideperformance and payment bonds to the extent required by law. The City will supervise thework of the contractor; however, the BCWMC may observe and review the work of theProject until it is completed. The Citywill pay thecontractor and all other expenses related to the construction of theProject and keep and maintain complete records of such costs incurred. 5.TheCity shall be responsible forsecuring, or causing to be secured, all necessary pennitsfortheworkoftheProject. 6.Upon completion of thework of theProject, the City shallsecure record drawingspreparedbythedesignengineerorarchitect, with a certification by theContractor that theworkwascompletedaccordingtotheapprovedplans. A copy of the record drawings andcertificationshallbeforwardedtotheBCWMC's Engineer. 7.The City will submit invoices to theBCWMC, no morefrequently than monthly, forpartial reimbursement forthework of theProject. Reimbursable expenses include out-of-pocket costsincurred forconstruction and thecosts of design, engineering, and contract administration. Reimbursement will bemade subject to thefollowing limitations: a)Total reimbursement fortheworkof the Project will not exceed $15,000, andnoreimbursementwillbemadeforcostspaidtotheCitybyotherparties. b)Reimbursements will be made from that part of the BCWMC'sCreek andStreambankTrunkSystemMaintenance, Repair and Sediment Removal Fund (the "ChannelMaintenanceFund") allocated to channel maintenance in theCity. If the cost oftheProjectexceeds $15,000, the City may apply to the BCWMC foradditionalreimbursementfromfundsallocatedtotheCityintheChannelMaintenance Fund. 8.Claims by the City forreimbursement shall be accompanied by such proofof costs asmayreasonablyberequestedbytheBCWMC, and the books and recordsof the City shallbeavailableforinspectionbytheBCWMCuponreasonablenoticeduringnonnalbusinesshours. If the City intends to seek reimbursement fordesign, engineering, orcontractadministrationbyCitystaff, it is required to maintain and provide to the BCWMCdetailedtimerecordsshowingdailyrecordsoftimespent, description of activities, staffpersonnelinvolved, and rate of total compensation. Hourly ratescharged will include pro-rated salary and fringe benefits in accordance withthe schedule of rates attached to this Agreement as Exhibit B, which rates are subject to annual adjustment commensurate with changes in City costs of salary andbenefits. 9.The BCWMC shallreimburse the City for eligible expenses inaccordance withthisAgreementwithin45daysofreceiptofaninvoicetherefor, provided theBCWMCdeterminestheinvoicecontainsadequatedetailstoallowreimbursement. If theBCWMCdetenninesaninvoiceisnotadequate, within 10 days of receipt it sha11 notify the Ci tyinwritingoftheadditionalinformationneededtomaketheinvoicecomplete. 10.This Agreement will tenninate on thethirdanniversary of the effective dateofthisAgreement, unless extended by mutual agreement of the Cityand theBCWMC. TheBCWMCwillhavenoobligationtoreimburseclaimsnotsubmittedpriortothetenninationdate, or any agreed upon extension. 11.The parties agree that the BCWMC'sparticipation in the Project is limited to the paymentofchannelmaintenancegrantfundsinaccordancewiththisAgreement. This AgreementdoesnotmaketheBCWMCapartner, agent or co-venturer in the City'sProject apd theBCWMCwillincurnoresponsibilityorliabilityfortheworkoftheCity's Project. 12.TheCity will defend, indemnify, protect and hold harmless theBCWMC and its officers, employees, and agents from any claims arising out of the design, construction, ormaintenanceoftheProject, including environmental claims. Nothing herein shall bedeemedawaiverofthelimitationsofliabilityinMinnesotaStatutes, Chapter 466. Exhibit B Preliminary Plans Project Number:Issue                       Executive Summary For Action  Golden Valley City Council Meeting  July 16, 2019    Agenda Item   3. F. Appoint Data Practices Compliance Officer and Update Golden Valley Data Practices Policy     Prepared By  Kris Luedke, City Clerk  Maria Cisneros, City Attorney    Summary  The Minnesota’s Government Data Practices Act requires that all government entities in  Minnesota adopt policies regarding access to government data. The policies explain how  members of the public can access government data and provide contact information for the City  staff members responsible for receiving and processing data practices requests. The City must  update these policies by August 1 each year. Also, Minnesota Statutes require City’s to appoint an  employee as the Data Practices Compliance Officer and Responsible Authority.     Staff recommends replacing the current Golden Valley Data Practices policy and data inventory  spreadsheet with the following documents which were drafted using the model policies provided  by the Minnesota Data Practice Office:      Golden Valley Data Practices Policy for Members of the Public. This policy explains the  rights of the public to receive data.   Golden Valley Data Practices Policy for Data Subjects. This policy explains the rights of  data subjects to receive information about themselves.   2019 Data Inventory Spreadsheet. This document identifies and describes all private and  confidential data maintained by the City.    Attachments  • Draft Golden Valley Data Practices Policy for Members of the Public (6 pages)  • Draft Golden Valley Data Practices Policy for Data Subjects (7 pages)  • Draft Golden Valley 2019 Data Inventory Spreadsheet (3 pages)  • Resolution appointing the Data Practices Compliance Official, Responsible Authority and  adopting Policies for the Minnesota Government Data Practices Act for the City of Golden  Valley (17 pages)        Recommended Action  Motion to adopt Resolution appointing the Data Practices Compliance Official, Responsible  Authority and adopting updated Data Practices Policies for the Minnesota Government Data  Practices Act for the City of Golden Valley.  Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 1 City of Golden Valley Draft Data Practice Policy for Members of the Public Right to Access Public Data This policy explains your rights as a member of the public to access and request copies of government data under the Minnesota Data Practices Act, Minnesota Statutes, chapter 13 (the “Data Practices Act”). Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The Data Practices Act presumes that all government data are public unless a state or federal law says the data are not public. The Government Data Practice Act provides that the City of Golden Valley must keep all government data in a way that makes it easy for you to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. If you would like private data about you, your minor child, or someone for whom you are the legal guardian, you should consult the City’s Data Practices Policy for Requests for Data about You and Your Rights as a Data Subject. How to Make a Data Request You can request to look at data or obtain copies of data that the City of Golden Valley keeps by making a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contact List on page 3. You may make your written request for data by mail, fax, or email using the Data Request Form on page 5. If you choose not use to use the data request form, your written request should include: A statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13. A clear description of the data you like to inspect or have copied. Instructions for delivering the data to you. You must state whether you would like to look at the data, receive copies of the data, or both. You are not required to identify yourself or explain the reason for your data request. However, we may need some information about you to respond to your request. (For example, if you request emailed copies, we will need your email address.) If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. If we do not understand your request and have no way to contact you, we will not be able to process your request. How We Respond to a Data Request Upon receiving your request, we will process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 2 If we have the data but are not allowed to give it to you, we will notify you as soon as reasonably possible and state which specific law says we are not allowed to give it to you. If we have the data and the data are public, we will respond to your request within a reasonable amount of time by doing one of the following: o arrange a date, time, and place for you to inspect data, for free, if your request is to look at the data; or o provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies or we will mail, email, or fax them to you. If you want us to send you the copies, you will need to provide us with an address, email address, or fax number. We will provide electronic copies (such CD-ROM) upon request if we keep the data in electronic format. If you request copies, we may charge you a fee and require you to pre-pay for your copies. Information about copy charges is below. If you do not understand the data (technical terminology, abbreviations, or acronyms), please tell the person who provided the data to you. We will give you an explanation if you ask. The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not specific requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing. We may require you to pre-pay for copies and for the cost of creating the summary data. Upon receiving your written request (you may use the data request form on Page 5) we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Copy Costs – Members of the Public The City of Golden Valley charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). We may require you to pay for your copies before we will give them to you. The charges below may vary when a charge is set by statute or rule. For 100 or fewer paper copies – 25 cents per page If you request 100 or fewer pages of black and white, letter or legal size paper copies, the charge is 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 3 Most other types of copies – actual cost The charge for most other types of copies is the actual cost of searching for and retrieving the data, and making the copies or electronically sending the data (e.g. sending the data by email). In determining the actual cost of making copies, we include employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot copy ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. If, based on your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate search and retrieval charges at the higher salary/wage. If possible, and upon request, we will provide you with an estimation of the total cost of supplying copies. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 4 City of Golden Valley Data Practices Contacts Responsible Authority & Data Practices Compliance Official Kris Luedke, City Clerk 763-593-8012 kluedke@goldenvalleymn.gov The following persons are officially designated by the Responsible Authority as “Designees” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. Department Designees: City Clerk/Council Kris Luedke, City Clerk Phone: 763-593-8012 kluedke@goldenvalleymn.gov Building Inspections Shannon Dietrich, Administrative Assistant Phone: 763-593-3998 sdietrich@goldenvalleymn.gov City Manager’s Office (City Manager, Communications, Human Resources, Legal) Tomas Romano Phone: 763-593-3991 tromano@goldenvalleymn.gov Parks & Recreation Shelia Van Sloun, Administrative Assistant Phone: 763-512-2347 svansloun@goldenvalleymn.gov Finance Sue Virnig, Finance Director Phone: 763-593-8010 svirnig@goldenvalleymn.gov Planning Lisa Wittman, Administrative Assistant Phone: 763-593-3992 lwittman@goldenvalleymn.gov Fire Jill Lund, Administrative Assistant Phone: 763-593-8057 jlund@goldenvalleymn.gov Police Joanne Paul, Support Service Supervisor Phone: 763-593-8058 jpaul@goldenvalleymn.gov Golf Andrew Bromander Phone: 763-512-2316 abromander@goldenvalleymn.gov Public Works Erin Nielson, Administrative Assistant Phone: 763-593-3962 enielson@goldenvalleymn.gov Information Services Adam Knauer, IT Coordinator Phone: 763-593-3975 aknauer@goldenvalleymn.gov Engineering Claire Huisman, Administrative Assistant Phone: 763-593-8027 chuisman@goldenvalleymn.gov Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 5 7800 Golden Valley Road 763-593-8000 Golden Valley, MN 55427 FAX: 763-593-3969 www.goldenvalleymn.gov Data Request Form A. Completed by Requester (if you wish your name to be withheld, please send alternate contact info) REQUESTER NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE, ZIP: SIGNATURE: You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. DESCRIPTION OF INFORMATION REQUESTED: I am requesting access to data in the following way: choose one Inspection Copies Both inspection and copies B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC NON-PUBLIC PRIVATE PROTECTED NON-PUBLIC CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (Explain below) DENIED (Explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: COPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION NONE IDENTIFICATION: Driver’s License, State ID, etc. Pages x $0.25 = COMPARISON WITH SIGNATURE ON FILE Special Rate: ___________________(explain) PERSONAL KNOWLEDGE OTHER:________________________________ AUTHORIZED SIGNATURE: Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 1 City of Golden Valley Draft Data Practice Policy for Requests for Data about You and Your Rights as a Data Subject This policy explains your rights as a data subject, and tells you how to request data about you, your minor child, or someone for whom you are the legal guardian. The Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. Classification of Data about You The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as follows: Public data: Some data about you is classified under the Data Practices Act as public data. For example, your name on an application for a license from the City is public data. The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. We must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. Private data: Some data about you is classified as private data. For example, an employee’s Social Security number is private data. We cannot give private data to the public. We can share your private data with you, with someone who has your permission, with our government entity staff whose job requires or permits them to see the data, and with others as permitted by law or court order. The following are examples of private data about you that we might have. Confidential data: Some data about you is classified as confidential data. For example, your identity as mandated reporter of child abuse or neglect is confidential data. Confidential data have the most protection. Neither the public nor you can access confidential data even when the confidential data are about you. We can share confidential data about you with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. Your Rights under the Government Data Practices Act The City of Golden Valley must keep all government data in a way that makes it easy for you to access data about you. We can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights: Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act sets the amount we may charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 2 If you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City of Golden Valley not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on the factors listed in Minnesota Administrative Rule 12.05.0500, subpart 3(B). Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Data Practices or Tennessen Warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you may use the consent form we provide. Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. When your Data are Inaccurate or Incomplete You have the right to challenge the accuracy and completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data You may request to look at (inspect) data or obtain copies of data that we keep about you, your minor children, or an individual for whom you have been appointed legal guardian. You must make this request in writing. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 5. You may make your request by mail, fax, or email, using the Data Request Form on Page 7. We recommend using the data request form included with this policy. If you choose not to use the data request form, your request should include: Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 3 A statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13. A clear description of the data you like to inspect or have copied Instructions for delivering the data to you. You must state whether you would like to look at the data, receive copies of the data, or both. Identifying information that proves you are the data subject, or data subject’s parent/guardian. The City of Golden Valley may require proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity included in this policy. If you do not provide proof that you are the data subject, we cannot respond to your request. How We Respond to a Data Request Once you make your written request, we will process it as follows: If it is not clear what data you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 10 business days. If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. If we have the data and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail, email or fax them to you. We will provide electronic copies such as CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on Page 4. We may require you to prepay for the copies. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 4 In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Copy Costs – Data Subjects The City of Golden Valley may charge you the actual cost for copies of government data about you. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. You may be required to pay for the copies before we will give them to you. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 5 City of Golden Valley Data Practices Contacts Responsible Authority & Data Practices Compliance Official Kris Luedke, City Clerk 763-593-8012 kluedke@goldenvalleymn.gov The following persons are officially designated by the Responsible Authority as “Designees” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. Department Designees: City Clerk/Council Kris Luedke, City Clerk Phone: 763-593-8012 kluedke@goldenvalleymn.gov Building Inspections Shannon Dietrich, Administrative Assistant Phone: 763-593-3998 sdietrich@goldenvalleymn.gov City Manager’s Office (City Manager, Communications, Human Resources, Legal) Tomas Romano Phone: 763-593-3991 tromano@goldenvalleymn.gov Parks & Recreation Shelia Van Sloun, Administrative Assistant Phone: 763-512-2347 svansloun@goldenvalleymn.gov Finance Sue Virnig, Finance Director Phone: 763-593-8010 svirnig@goldenvalleymn.gov Planning Lisa Wittman, Administrative Assistant Phone: 763-593-3992 lwittman@goldenvalleymn.gov Fire Jill Lund, Administrative Assistant Phone: 763-593-8057 jlund@goldenvalleymn.gov Police Joanne Paul, Support Service Supervisor Phone: 763-593-8058 jpaul@goldenvalleymn.gov Golf Andrew Bromander Phone: 763-512-2316 abromander@goldenvalleymn.gov Public Works Erin Nielson, Administrative Assistant Phone: 763-593-3962 enielson@goldenvalleymn.gov Information Services Adam Knauer, IT Coordinator Phone: 763-593-3975 aknauer@goldenvalleymn.gov Engineering Claire Huisman, Administrative Assistant Phone: 763-593-8027 chuisman@goldenvalleymn.gov Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 6 Data Request Form – Data Subjects Date of request: _____________ To request data as a data subject, you may be required to show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity. I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free. You may be required to pay for copies before we will give them to you. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Data subject name______________________________________________________________ Parent/Guardian name (if applicable)_______________________________________________ Address______________________________________________________________________ Phone number_____________________ Email address________________________________ Staff Verification Identification provided___________________________________________________________ We will respond to your request within 10 business days. Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 7 Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID A minor individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the required documents or an affidavit of ID. DRAFT DATA MAINTAINED BY CITY OF GOLDEN VALLEY Name of Record, File or DataType Description DataClassification Citation forClassification Employee Work AccessAppointmentfilesAppointmentstovariouscouncilboards, commissions orcommittees Public/Private Minn. Stat. § § 13.43, 13.601 Certain employees on an asneededbasisaspartofspecificworkassignmentsAttorneyopinionsOfficialopinionsofcityattorneyPublic/Private Minn. Stat. § § 13.393, 13.39 Certain employees on an asneededbasisaspartofspecificworkassignmentsAuditReportsExternalBasedonprivatecompaniesforreviewoftaxpayments; orbasedoninternaloperations Non-Public Minn. Stat. § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsAuditReportsInternalBasedonprivatecompaniesforreviewoftaxpayments; orbasedoninternaloperations Non-Public Minn. Stat. § 13.392 Certain employees on an asneededbasisaspartofspecificworkassignmentsAutomaticPaymentPlanAuthorizationFormWithsupportingdocumentationPublic/Private Minn. Stat. § § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsBidsandproposalsResponsestorequestsforbidsandproposalsPublic/Private Minn. Stat. § 13.591 Certain employees on an asneededbasisaspartofspecificworkassignmentsBuildingPlansCommercial, industrial, residential Public/PrivateNon-public Minn. Stat. § § 13.37, subd. (1)(b), 541.051 Certain employees on an asneededbasisaspartofspecificworkassignmentsChecks (Accounts Receivable) Received from customers Public/Private Minn. Stat. § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsCivilLitigationFilesJudgments, settlements, releases, correspondence Public/PrivateConfidentialProtectednon-public Minn. Stat. § 13.39 Certain employees on an asneededbasisaspartofspecificworkassignments DATA MAINTAINED BY CITY OF GOLDEN VALLEY Name of Record, File or DataType Description DataClassification Citation forClassification Employee Work AccessCommunityDevelopmentBlockGrantApplicationsAnnualbreakdownofapplicationsandsupportingmaterials Public/Private Minn. Stat. § 13.462 Certain employees on an asneededbasisaspartofspecificworkassignmentsCreditCardReceiptsMerchantcopiesPublic/Private Certain employees on an asneededbasisaspartofspecificworkassignmentsCriminalLitigationFilesDocumentslitigationinvolvingthecityPublic/PrivateConfidentialProtectedNon-Public Minn. Stat. § § 13.393, 13.82 Certain employees on an asneededbasisaspartofspecificworkassignments Complaints By citizens about the use ofrealproperty Public/Private Minn. Stat. § 13.44 Certain employees on an asneededbasisaspartofspecificworkassignmentsAbsenteeballotapplicationAbsenteeballotapplicationPublic/Private Minn. Stat. § 203B.12 Certain employees on an asneededbasisaspartofspecificworkassignmentsBallotsVotedorrejectedPublic/Private Minn. Stat. § 13.37 City Clerk on an as neededbasisChecksReceivedfromcustomerssubmittedelectronicallyPublic/Private Minn. Stat. § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsInsuranceclaimsFiledbyoragainstthecityPublic/Private Minn. Stat. § 13.43 Certain employees on an asneededbasisaspartofspecificworkassignmentsFeewaiverformsForlowincomeparticipatesinParks & Recreation programs Private Minn. Stat. § 13.462 Certain P & R employees onanasneededbasisaspartofspecificworkassignmentsMailinglistsForprogramparticipantsPrivateMinn. Stat. § 13.548 Certain P & R employees onanasneededbasisaspartofspecificworkassignments DATA MAINTAINED BY CITY OF GOLDEN VALLEY Name of Record, File or DataType Description DataClassification Citation forClassification Employee Work AccessPhotographsPhotosretainedinaccordancewithitemrelatedtoinGeneralRecordsRetentionSchedule Public/Private Minn. Stat. § 13.82 Certain employees on an asneededbasisaspartofspecificworkassignmentsPropertyAcquisitionDeeds, contracts, correspondence, purchasevaluationdata, agreements PublicConfidentialProtectedNon-Public Minn. Stat. § § 13.44, 13.585 Certain employees on an asneededbasisaspartofspecificworkassignments Property Files Files involving landacquisitions, condemnations, land sales, lawsuits, etc. Public/PrivateConfidentialProtectedNon-Public Minn. Stat. § 13.39 Certain employees on an asneededbasisaspartofspecificworkassignments Real Property Appraisals Public/ Confidential Minn. Stat. § 13.44 Certain employees on an asneededbasisaspartofspecificworkassignmentsRegistrationformsForParks & Recreationprogramparticipants Public/Private Minn. Stat. § 13.57 Certain P & R employees onanasneededbasisaspartofspecificworkassignmentsRostersForParks & Recreationprogramparticipants Private Minn. Stat. § 13.57 Certain P & R employees onanasneededbasisaspartofspecificworkassignmentsSocialSecuritynumbersCollectedormaintainedonindividualsPrivateMinn. Stat. § 13.355 Certain employees on an asneededbasisaspartofspecificworkassignmentsResponsetodatarequestsDatacollectedinrespondingtorequestsfordatamaintainedbyCityofGoldenValley Public/Private Various Responsible AuthorityDataPracticesComplianceOfficial1099MiscellaneousIncome1099MiscellaneousIncomePublic/Private Minn. Stat. § 13.43 Certain employees on an asneededbasisaspartofspecificworkassignments RESOLUTION NO. 19-43 RESOLUTION APPOINTING THE DATA PRACTICES COMPLIANCE OFFICIAL, RESPONSIBLE AUTHORITY AND ADOPTING UPDATED DATA PRACTICES POLICIES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT FOR THE CITY OF GOLDEN VALLEY WHEREAS, the City Council of the City of Golden Valley is the official governing body of the City of Golden Valley; and WHEREAS, Minnesota Statutes, Section 13.02, subd. 16, and Section 13.05, subd. 13, as amended, requires that the City appoint an employee as the Data Practices Compliance Official and Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals within the City; and WHEREAS, the City Council hereby appoints Kristine A. Luedke, City Clerk, as the Data Practices Compliance Official and Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13. WHEREAS, the Minnesota Statutes § 13.025, subds., 2 and 3, require that the City also prepare policies related to public access to government data and related to the rights of data subjects and their access to government data; and WHEREAS, the City Council has reviewed updated Policies prepared by City staff, and find that the Policies set forth in Exhibit A comply with these statutory requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley that the Policies for the Minnesota Government Data Practices Act for the City of Golden Valley are approved. Adopted by the City Council of Golden Valley, Minnesota on this 16th day of July, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 1 City of Golden Valley Draft Data Practice Policy for Members of the Public Right to Access Public Data This policy explains your rights as a member of the public to access and request copies of government data under the Minnesota Data Practices Act, Minnesota Statutes, chapter 13 (the “Data Practices Act”). Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The Data Practices Act presumes that all government data are public unless a state or federal law says the data are not public. The Government Data Practice Act provides that the City of Golden Valley must keep all government data in a way that makes it easy for you to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. If you would like private data about you, your minor child, or someone for whom you are the legal guardian, you should consult the City’s Data Practices Policy for Requests for Data about You and Your Rights as a Data Subject. How to Make a Data Request You can request to look at data or obtain copies of data that the City of Golden Valley keeps by making a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contact List on page 3. You may make your written request for data by mail, fax, or email using the Data Request Form on page 5. If you choose not use to use the data request form, your written request should include: A statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13. A clear description of the data you like to inspect or have copied. Instructions for delivering the data to you. You must state whether you would like to look at the data, receive copies of the data, or both. You are not required to identify yourself or explain the reason for your data request. However, we may need some information about you to respond to your request. (For example, if you request emailed copies, we will need your email address.) If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. If we do not understand your request and have no way to contact you, we will not be able to process your request. How We Respond to a Data Request Upon receiving your request, we will process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. Exhibit A Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 2 If we have the data but are not allowed to give it to you, we will notify you as soon as reasonably possible and state which specific law says we are not allowed to give it to you. If we have the data and the data are public, we will respond to your request within a reasonable amount of time by doing one of the following: o arrange a date, time, and place for you to inspect data, for free, if your request is to look at the data; or o provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies or we will mail, email, or fax them to you. If you want us to send you the copies, you will need to provide us with an address, email address, or fax number. We will provide electronic copies (such CD-ROM) upon request if we keep the data in electronic format. If you request copies, we may charge you a fee and require you to pre-pay for your copies. Information about copy charges is below. If you do not understand the data (technical terminology, abbreviations, or acronyms), please tell the person who provided the data to you. We will give you an explanation if you ask. The Data Practices Act does not require us to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not specific requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing. We may require you to pre-pay for copies and for the cost of creating the summary data. Upon receiving your written request (you may use the data request form on Page 5) we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Copy Costs – Members of the Public The City of Golden Valley charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). We may require you to pay for your copies before we will give them to you. The charges below may vary when a charge is set by statute or rule. For 100 or fewer paper copies – 25 cents per page If you request 100 or fewer pages of black and white, letter or legal size paper copies, the charge is 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 3 Most other types of copies – actual cost The charge for most other types of copies is the actual cost of searching for and retrieving the data, and making the copies or electronically sending the data (e.g. sending the data by email). In determining the actual cost of making copies, we include employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot copy ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. If, based on your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate search and retrieval charges at the higher salary/wage. If possible, and upon request, we will provide you with an estimation of the total cost of supplying copies. Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 4 City of Golden Valley Data Practices Contacts Responsible Authority & Data Practices Compliance Official Kris Luedke, City Clerk 763-593-8012 kluedke@goldenvalleymn.gov The following persons are officially designated by the Responsible Authority as “Designees” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. Department Designees: City Clerk/Council Kris Luedke, City Clerk Phone: 763-593-8012 kluedke@goldenvalleymn.gov Building Inspections Shannon Dietrich, Administrative Assistant Phone: 763-593-3998 sdietrich@goldenvalleymn.gov City Manager’s Office (City Manager, Communications, Human Resources, Legal) Tomas Romano Phone: 763-593-3991 tromano@goldenvalleymn.gov Parks & Recreation Shelia Van Sloun, Administrative Assistant Phone: 763-512-2347 svansloun@goldenvalleymn.gov Finance Sue Virnig, Finance Director Phone: 763-593-8010 svirnig@goldenvalleymn.gov Planning Lisa Wittman, Administrative Assistant Phone: 763-593-3992 lwittman@goldenvalleymn.gov Fire Jill Lund, Administrative Assistant Phone: 763-593-8057 jlund@goldenvalleymn.gov Police Joanne Paul, Support Service Supervisor Phone: 763-593-8058 jpaul@goldenvalleymn.gov Golf Andrew Bromander Phone: 763-512-2316 abromander@goldenvalleymn.gov Public Works Erin Nielson, Administrative Assistant Phone: 763-593-3962 enielson@goldenvalleymn.gov Information Services Adam Knauer, IT Coordinator Phone: 763-593-3975 aknauer@goldenvalleymn.gov Engineering Claire Huisman, Administrative Assistant Phone: 763-593-8027 chuisman@goldenvalleymn.gov Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 5 7800 Golden Valley Road 763-593-8000 Golden Valley, MN 55427 FAX: 763-593-3969 www.goldenvalleymn.gov Data Request Form A. Completed by Requester (if you wish your name to be withheld, please send alternate contact info) REQUESTER NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE, ZIP: SIGNATURE: You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. DESCRIPTION OF INFORMATION REQUESTED: I am requesting access to data in the following way: choose one Inspection Copies Both inspection and copies B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: PUBLIC NON-PUBLIC PRIVATE PROTECTED NON-PUBLIC CONFIDENTIAL ACTION: APPROVED APPROVED IN PART (Explain below) DENIED (Explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: COPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION NONE IDENTIFICATION: Driver’s License, State ID, etc. Pages x $0.25 = COMPARISON WITH SIGNATURE ON FILE Special Rate: ___________________(explain) PERSONAL KNOWLEDGE OTHER:________________________________ AUTHORIZED SIGNATURE: Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 1 City of Golden Valley Data Practice Policy for Requests for Data about You and Your Rights as a Data Subject This policy explains your rights as a data subject, and tells you how to request data about you, your minor child, or someone for whom you are the legal guardian. The Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. Classification of Data about You The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as follows: Public data: Some data about you is classified under the Data Practices Act as public data. For example, your name on an application for a license from the City is public data. The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. We must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. Private data: Some data about you is classified as private data. For example, an employee’s Social Security number is private data. We cannot give private data to the public. We can share your private data with you, with someone who has your permission, with our government entity staff whose job requires or permits them to see the data, and with others as permitted by law or court order. The following are examples of private data about you that we might have. Confidential data: Some data about you is classified as confidential data. For example, your identity as mandated reporter of child abuse or neglect is confidential data. Confidential data have the most protection. Neither the public nor you can access confidential data even when the confidential data are about you. We can share confidential data about you with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. Your Rights under the Government Data Practices Act The City of Golden Valley must keep all government data in a way that makes it easy for you to access data about you. We can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights: Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act sets the amount we may charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 2 If you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City of Golden Valley not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on the factors listed in Minnesota Administrative Rule 12.05.0500, subpart 3(B). Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Data Practices or Tennessen Warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you may use the consent form we provide. Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. When your Data are Inaccurate or Incomplete You have the right to challenge the accuracy and completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data You may request to look at (inspect) data or obtain copies of data that we keep about you, your minor children, or an individual for whom you have been appointed legal guardian. You must make this request in writing. Make your request for data to the appropriate individual listed in the Data Practices Contacts on Page 5. You may make your request by mail, fax, or email, using the Data Request Form on Page 7. We recommend using the data request form included with this policy. If you choose not to use the data request form, your request should include: Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 3 A statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13. A clear description of the data you like to inspect or have copied Instructions for delivering the data to you. You must state whether you would like to look at the data, receive copies of the data, or both. Identifying information that proves you are the data subject, or data subject’s parent/guardian. The City of Golden Valley may require proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity included in this policy. If you do not provide proof that you are the data subject, we cannot respond to your request. How We Respond to a Data Request Once you make your written request, we will process it as follows: If it is not clear what data you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 10 business days. If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. If we have the data and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail, email or fax them to you. We will provide electronic copies such as CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on Page 4. We may require you to prepay for the copies. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 4 In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Copy Costs – Data Subjects The City of Golden Valley may charge you the actual cost for copies of government data about you. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. You may be required to pay for the copies before we will give them to you. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 5 City of Golden Valley Data Practices Contacts Responsible Authority & Data Practices Compliance Official Kris Luedke, City Clerk 763-593-8012 kluedke@goldenvalleymn.gov The following persons are officially designated by the Responsible Authority as “Designees” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. Department Designees: City Clerk/Council Kris Luedke, City Clerk Phone: 763-593-8012 kluedke@goldenvalleymn.gov Building Inspections Shannon Dietrich, Administrative Assistant Phone: 763-593-3998 sdietrich@goldenvalleymn.gov City Manager’s Office (City Manager, Communications, Human Resources, Legal) Tomas Romano Phone: 763-593-3991 tromano@goldenvalleymn.gov Parks & Recreation Shelia Van Sloun, Administrative Assistant Phone: 763-512-2347 svansloun@goldenvalleymn.gov Finance Sue Virnig, Finance Director Phone: 763-593-8010 svirnig@goldenvalleymn.gov Planning Lisa Wittman, Administrative Assistant Phone: 763-593-3992 lwittman@goldenvalleymn.gov Fire Jill Lund, Administrative Assistant Phone: 763-593-8057 jlund@goldenvalleymn.gov Police Joanne Paul, Support Service Supervisor Phone: 763-593-8058 jpaul@goldenvalleymn.gov Golf Andrew Bromander Phone: 763-512-2316 abromander@goldenvalleymn.gov Public Works Erin Nielson, Administrative Assistant Phone: 763-593-3962 enielson@goldenvalleymn.gov Information Services Adam Knauer, IT Coordinator Phone: 763-593-3975 aknauer@goldenvalleymn.gov Engineering Claire Huisman, Administrative Assistant Phone: 763-593-8027 chuisman@goldenvalleymn.gov Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 6 Data Request Form – Data Subjects Date of request: _____________ To request data as a data subject, you may be required to show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity. I am requesting access to data in the following way: Inspection Copies Both inspection and copies Note: inspection is free. You may be required to pay for copies before we will give them to you. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Data subject name______________________________________________________________ Parent/Guardian name (if applicable)_______________________________________________ Address______________________________________________________________________ Phone number_____________________ Email address________________________________ Staff Verification Identification provided___________________________________________________________ We will respond to your request within 10 business days. Resolution No. 19-43 July 16, 2019 Policy required by Minnesota Statutes, Sections 13.025 and 13.03 Page 7 Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID A minor individual must provide a valid photo ID, such as o a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the required documents or an affidavit of ID. Resolution No. 19-43 July 16, 2019 DATA MAINTAINED BY CITY OF GOLDEN VALLEY Name of Record, File or DataType Description DataClassification Citation forClassification Employee Work AccessAppointmentfilesAppointmentstovariouscouncilboards, commissions orcommittees Public/Private Minn. Stat. § § 13.43, 13.601 Certain employees on an asneededbasisaspartofspecificworkassignmentsAttorneyopinionsOfficialopinionsofcityattorneyPublic/Private Minn. Stat. § § 13.393, 13.39 Certain employees on an asneededbasisaspartofspecificworkassignmentsAuditReportsExternalBasedonprivatecompaniesforreviewoftaxpayments; orbasedoninternaloperations Non-Public Minn. Stat. § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsAuditReportsInternalBasedonprivatecompaniesforreviewoftaxpayments; orbasedoninternaloperations Non-Public Minn. Stat. § 13.392 Certain employees on an asneededbasisaspartofspecificworkassignmentsAutomaticPaymentPlanAuthorizationFormWithsupportingdocumentationPublic/Private Minn. Stat. § § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsBidsandproposalsResponsestorequestsforbidsandproposalsPublic/Private Minn. Stat. § 13.591 Certain employees on an asneededbasisaspartofspecificworkassignmentsBuildingPlansCommercial, industrial, residential Public/PrivateNon-public Minn. Stat. § § 13.37, subd. (1)(b), 541.051 Certain employees on an asneededbasisaspartofspecificworkassignmentsChecks (Accounts Receivable) Received from customers Public/Private Minn. Stat. § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsCivilLitigationFilesJudgments, settlements, releases, correspondence Public/PrivateConfidentialProtectednon-public Minn. Stat. § 13.39 Certain employees on an asneededbasisaspartofspecificworkassignments Resolution No. 19-43 July 16, 2019 DATA MAINTAINED BY CITY OF GOLDEN VALLEY Name of Record, File or DataType Description DataClassification Citation forClassification Employee Work AccessCommunityDevelopmentBlockGrantApplicationsAnnualbreakdownofapplicationsandsupportingmaterials Public/Private Minn. Stat. § 13.462 Certain employees on an asneededbasisaspartofspecificworkassignmentsCreditCardReceiptsMerchantcopiesPublic/Private Certain employees on an asneededbasisaspartofspecificworkassignmentsCriminalLitigationFilesDocumentslitigationinvolvingthecityPublic/PrivateConfidentialProtectedNon-Public Minn. Stat. § § 13.393, 13.82 Certain employees on an asneededbasisaspartofspecificworkassignments Complaints By citizens about the use ofrealproperty Public/Private Minn. Stat. § 13.44 Certain employees on an asneededbasisaspartofspecificworkassignmentsAbsenteeballotapplicationAbsenteeballotapplicationPublic/Private Minn. Stat. § 203B.12 Certain employees on an asneededbasisaspartofspecificworkassignmentsBallotsVotedorrejectedPublic/Private Minn. Stat. § 13.37 City Clerk on an as neededbasisChecksReceivedfromcustomerssubmittedelectronicallyPublic/Private Minn. Stat. § 13.37 Certain employees on an asneededbasisaspartofspecificworkassignmentsInsuranceclaimsFiledbyoragainstthecityPublic/Private Minn. Stat. § 13.43 Certain employees on an asneededbasisaspartofspecificworkassignmentsFeewaiverformsForlowincomeparticipatesinParks & Recreation programs Private Minn. Stat. § 13.462 Certain P & R employees onanasneededbasisaspartofspecificworkassignmentsMailinglistsForprogramparticipantsPrivateMinn. Stat. § 13.548 Certain P & R employees onanasneededbasisaspartofspecificworkassignments Resolution No. 19-43 July 16, 2019 DATA MAINTAINED BY CITY OF GOLDEN VALLEY Name of Record, File or DataType Description DataClassification Citation forClassification Employee Work AccessPhotographsPhotosretainedinaccordancewithitemrelatedtoinGeneralRecordsRetentionSchedule Public/Private Minn. Stat. § 13.82 Certain employees on an asneededbasisaspartofspecificworkassignmentsPropertyAcquisitionDeeds, contracts, correspondence, purchasevaluationdata, agreements PublicConfidentialProtectedNon-Public Minn. Stat. § § 13.44, 13.585 Certain employees on an asneededbasisaspartofspecificworkassignments Property Files Files involving landacquisitions, condemnations, land sales, lawsuits, etc. Public/PrivateConfidentialProtectedNon-Public Minn. Stat. § 13.39 Certain employees on an asneededbasisaspartofspecificworkassignments Real Property Appraisals Public/ Confidential Minn. Stat. § 13.44 Certain employees on an asneededbasisaspartofspecificworkassignmentsRegistrationformsForParks & Recreationprogramparticipants Public/Private Minn. Stat. § 13.57 Certain P & R employees onanasneededbasisaspartofspecificworkassignmentsRostersForParks & Recreationprogramparticipants Private Minn. Stat. § 13.57 Certain P & R employees onanasneededbasisaspartofspecificworkassignmentsSocialSecuritynumbersCollectedormaintainedonindividualsPrivateMinn. Stat. § 13.355 Certain employees on an asneededbasisaspartofspecificworkassignmentsResponsetodatarequestsDatacollectedinrespondingtorequestsfordatamaintainedbyCityofGoldenValley Public/Private Various Responsible AuthorityDataPracticesComplianceOfficial1099MiscellaneousIncome1099MiscellaneousIncomePublic/Private Minn. Stat. § 13.43 Certain employees on an asneededbasisaspartofspecificworkassignments Resolution No. 19-43 July 16, 2019                     Executive Summary For Action  Golden Valley City Council Meeting  July 16, 2019  60 Day Deadline: July 21, 2019    Agenda Item   4. A. Public Hearing – Approval of Conditional Use Permit 169 – Operation of an Adult Day Care  Facility in an Industrial Zoning District – 2300 Nevada Ave N, Suite #300    Prepared By  Jason Zimmerman, Planning Manager    Summary  LSHLC Golden Valley Adult Day Program, represented by Saeng Kue, is requesting a Conditional  Use Permit (CUP) for Suite #300 of 2300 Nevada Avenue North in order to allow for the operation  of an adult day care facility in an Industrial zoning district. This property is owned by the business  located in Suite #200 of the same address. If the CUP is approved, the interior of the existing  building would undergo some minor remodeling. No exterior changes are anticipated.    At the Planning Commission meeting on June 24, the Commission recommended approval (6‐1)  of Conditional Use Permit 169.    Proposed Use  LSHLC Golden Valley Adult Day Program proposes to use Suite #200 to provide day care services  for up to 50 disabled adults, though a typical day is expected to see 25 to 35 clients on site. There  would be seven full‐time staff and three part‐time consultants (a physical therapist, an RN, and a  dietitian). Hours of operation would be between 8 am and 5 pm, Monday through Friday.    Clients would arrive and depart the center via two 15 passenger vans and four minivans that  would be stored on the property. Pre‐packaged snacks and lunches would be used; no food  would be prepared on site.    The program would require a license from the Minnesota Department of Human Services and  occupancy standards would determine the maximum number of clients allowed to be served in  this location.      Zoning Analysis  Although there is a shortage of four striped parking spaces as determined by the minimum  parking requirements outline in the Zoning Code for the various uses in the building, there  remains sufficient space to accommodate additional parking within the secured area to the east  of the building that currently hold vehicles and equipment belonging to the construction  company. The Zoning Code allows for a reduction in the number of paved and striped parking  spaces by 25 percent if it can be demonstrated that sufficient area remains to accommodate the  remainder of the required parking should it be deemed necessary. Staff is comfortable accepting  the secured portion of the lot as proof of parking for the remaining four required spaces.    CUP Evaluation  The findings and recommendations for a Conditional Use Permit are based upon any or all of the  following factors (which need not be weighed equally). Any conditions imposed by the permit  should respond to and attempt to mitigate impacts generated by the proposed use.  Factor Finding  1. Demonstrated Need for Proposed Use  Standard met. Adult day care continues to be  in demand in the Twin Cities area as evidenced  by numerous inquiries received by City staff in  recent months.  2. Consistency with the Comprehensive Plan  Standard met. The proposed use is not  inconsistent with the Industrial designation in  the Comprehensive Plan, which allows for  adult day care facilities.  3. Effect upon Property Values  Standard met. There are no anticipated  modifications to the exterior of the building.  4. Effect on Traffic Flow and Congestion  Standard met. Traffic to and from the site is  expected to be minimal as the daily clientele  will arrive and depart via two passenger vans  and four minivans. The traffic volumes on  Nevada Ave and Sandburg Rd are sufficiently  low to handle these additional trips.  5. Effect of Increases in Population and  Density  Standard met. The number of daytime persons  being added to the site is not anticipated to  have a negative effect on the area, which is  Industrial in nature.  6. Compliance with the City’s Mixed‐Income  Housing Policy  Not applicable.  7. Increase in Noise Levels  Standard met. The proposed use is not  anticipated to generate excessive noise.    8. Generation of Odors, Dust, Smoke, Gas, or  Vibration  Standard met. The proposed use is not  anticipated to generate excessive odors, dust,  smoke, gas, or vibrations.  9. Any Increase in Pests or Vermin  Standard conditionally met. The proposed use  is not anticipated to attract pests. However, a  secure garage enclosure will be required in  order to ensure food scraps are not accessible  to rodents or other pests.  10. Visual Appearance  Standard met. There are no planned  modifications to the exterior of the property,  suggesting there will be no visual impact from  the proposed use.  11. Other Effects upon the General Public  Health, Safety, and Welfare  Standard conditionally met. If the limits on  the number of persons to be served as  determined by the Minnesota Department of  Human Services are followed, the proposed  use is not anticipated to have any other  impacts on the surrounding area.    Staff recommends approval of Conditional Use Permit 169 allowing for the operation of an adult  day care facility in an Industrial zoning district 2300 Nevada Ave N, Suite #300. The approval of  the conditional Use Permit is subject to the following conditions:  1. Any outdoor trash enclosure shall be designed to prevent access by rodents or other pests or  vermin, as approved by City staff.  2. The permitted operating hours for day care services with clients on site shall be 7 am to 6 pm  Monday through Friday.  3. Maximum occupancy for Suite #300 must be established by the State Building and Fire Codes as  well as the Minnesota Department of Human Services. It must be adequately recorded in the  Conditional Use Permit upon approval by the Building Official and must serve no more than 50  clients at any one time. If additional space is desired in the future, the Conditional Use Permit  must be amended to reflect the increased size and capacity.  4. All necessary licenses must be obtained by the Minnesota Department of Human Services  before adult day care operations may commence. Proof of such licensing must be presented  to the Building Official and Planning Manager.    This approval is subject to all other state, federal, and local ordinances, regulations, or laws with  authority over this development. Failure to comply with one or more of the above conditions shall  be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP  must be recorded with Hennepin County.    Attachments   Location Map (1 page)   Applicant’s Narrative (1 page)     Memo to the Planning Commission, dated June 24, 2019 (5 pages)   Unapproved Planning Commission Minutes dated June 24, 2019 (6 pages)   Interior plans (2 pages)   Site survey (1 page)   Building floor plan (1 page)   Ordinance #667, Approval of Conditional Use Permit Number 169, 2300 Nevada Avenue  North, LSHLC Golden Valley Adult Day Program (2 pages)    Recommended Action  Motion to adopt Ordinance #667, approval of Conditional Use Permit 169 allowing for the  operation of an Adult Day Care Facility within an Industrial Zoning District.    2525 2520 6 7140 7100 682 7150 69fi0 2500 2445 P=,t,i ia n F s+k Vt 7177 0 455 q Q Subject Property: 24p 2300 Nevada Ave N 2370 2ssa 3 2355 2330 23 25 ` t304 7130 100 Z 23 45=2300 23 01 2155 7145 1, 7101 35 2140 7125 125 2120 Dear Mr. Zimmerman. Following your inquiries, we are happy to provide the following information for your review and considerations: Brief Program Description We are proposing an Adult Day Services Center License (Rule 223) at 2300 Nevada Ave. Suite 300, Golden Valley, MN 55427 to be licensed by Minnesota Department of Human Services, Licensing Division. a.The number of employees: 7 Full-Time Program Staff(Staff Ratio: 8:1), and 3 Part-Time Consultants (Physical Therapist/Program Consultant, RN, and Dietitian) b. Hours of operation per day and days per week: 8:OOam — 5:OOpm, Monday to Friday, Except Holidays. c. Any exterior improvements (parking lot, landscaping, signage, etc.) - N/A d.A description of how clients will be arriving/departing from the site: An average of 25 to 35 clients will arrive at the center between 8:30am and 9:OOam and leave the center around 3:OOpm to 3:30pm. The center will use two 15 passengers Van and 4 Minivans to pick up clients and drop clients off daily. If you have any questions, please contact me anytime. Sincerely, Saeng D. Kue Center Director 612-227-1691 city of alden 11 Plannin D eartmentvaeygp763-593-8095/763-593-8109(fax) Date: June 24, 2019 To:Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Conditional Use Permit (CUP-169)to Allow for the Operation of an Adult Day Care Facility in an Industrial Zoning District Property address: 2300 Nevada Ave N, Suite #300 Applicant: LSHLC Golden Valley Adult Day Program Property owner: NS Leasing, LLC Zoning District: Industrial Lot size: 92,707 sq. ft. (2.13 acres) Current use: Unknown Proposed use:Adult day care Future land use: Industrial Adjacent uses: Industrial 1 `-° 2414 3 "} '..' 4 i +'' ,/,?l ,._ ' 71;10 ;. ' Rfy Y k ;t?u ia,- , ` z trrp '` e" 4y, fl R r-.^""+ 1 t; k ,F' `i. p'^-_ ._.. _7 ` d i+l 4:"J . 2`otl S,A,',t.at iAi, [ s 5 1 ar l, -- h ,.. 71 7 r d. - ' y :. 1 -... k ` ° sk` . ,r?°.{p 4 _"".:., .,, i 7lttl , 2455 : s pr,: . n' m ._ F s- , 4 y __ m......,..n. .: t 1420:: . e. t' P 24(1'I F y. j. rN ., p'+ g7p F' R oy f;+ 3., Y)1 NMalY y h"' 4' ,•,, s a6. n'_ t 4.' ig.. g_.8. ' , a ' 7 R rJ t ...i':;' ' ..' 23 5 '..., - • i y't, , " ; a'. , 2335 M«^9"+ ' +'- 'rr , t.' ..+ 2330 l 3- z, z s. 4 r''. ' j fi N v i , ' R 14! 3. r a a i0;1 r I J - 1 OU;•`_ "";:y [" B" f ,,, E t a 'S«13 oci'" x. o s 1<<1 R 'A'. =:#n+!` ai x' ""!#Mr r. ,p'". '* ' ' 4'j K jr51 y se ' + A 'l 'ikR'v.(If. W"v. 'y.R"$'+I'+ k rb.'IY/N.: J:1 y r x r' ct `, . r 1 5w ''$l f^ys ',,QV' xF,,y'r±r u 11 (1.' I. d . ' 7 Ipli , r.- rr' --` !. `'` i4 r,, r I R, , y N, , 7I25 ` ,. c # 6801 s ° w i 4' ,i 5y t y, W, a . y m. i N 1 I , e'" t ' 1k r U I>,J 4 , t. a y k:_ 4''?4 ti t, Z'}h q . y y$* xr Y , t"i-7520 7t 5pu;. i ...r,'" l 2U_ -` ' ,• 4,, x", .. , , .,, rv ir .rr 3 y m f b t . b.R.,,..._ p. 3U 5 ° L06 ,.. . Yw,'.8.7.,. . 'w "++:" .x+, 'n, . 2018 aerial photo(Hennepin County) 1 Summary LSHLC Golden Vailey Adult Day Program, represented by Saeng Kue, is requesting a Conditional Use Permit (CUP) for Suite #300 of 2300 Nevada Avenue North in order to allow for the operation of an adult day care facility in an Industrial zoning district. This property is owned by the business located in Suite #200 of the same address. If the CUP is approved,the interior of the existing building would undergo some minor remodeling. No exterior changes are anticipated. Existing Conditions The subject property contains a one-story building that has 55 striped parking spaces along the west and north sides of the property and a secure area for trucks and equipment behind the building to the east. There are also three loading docks at the south end of the building. The suite in question occupies 4,505 square feet of the 18,991 square foot building. There are four other businesses in the building occupying the remaining 14,500 square feet—an office for computer support and services, a small construction company, and two tenants that use the space for storage only. The realtor for the property reports that typical parking needs for the two active business are approximately ten spaces total. The surrounding properties are all zoned Industrial and are occupied by a variety of manufacturing, warehousing, and shipping uses. Isaacson Park is located south of Sandburg Road to the east. Proposed Use LSHLC Golden Valley Adult Day Program proposes to use Suite #200 to provide day care services for up to 50 disabled adults, though a typical day is expected to see 25 to 35 clients on site. There would be seven full-time staff and three part-time consultants (a physical therapist, an RN, and a dietitian). Hours of operation would be between 8 am and 5 pm, Monday through Friday. Clients would arrive and depart the center via two 15 passenger vans and four minivans that would be stored on the property. Pre-packaged snacks and lunches would be used; no food would be prepared on site. No external modifications to the site are being proposed. The program would require a license from the Minnesota Department of Human Services and occupancy standards would determine the maximum number of clients allowed to be served in this location. Neighborhood Notification Due to the lack of nearby residential properties, no separate neighborhood notification was required for this proposal. Property owners within 500 feet of the subject property were notified of the public hearing through the usual entitlement process. 2 Zoning Considerations Parkinq Use Requirement Calculation Minimum Parking Spaces Adult Day Care 1 per 5 clients 50 clients 10 Office 1 per 250 square feet Approx. 12,000 square feet 48 construction and computer services) Storage 1 per 3,000 square feet Approx. 2,500 1 Total 59 Existing 55 + secured (ot Difference 4 Although there is a shortage of four striped parking spaces as determined by the minimum parking requirements outline in the Zoning Code for the various uses in the building, there remains sufficient space to accommodate additional parking within the secured area to the east of the building that currently hold vehicles and equipment belonging to the construction company. The Zoning Code allows for a reduction in the number of paved and striped parking spaces by 25 percent if it can be demonstrated that sufficient area remains to accommodate the remainder of the required parking should it be deemed necessary. Staff is comfortable accepting the secured portion of the lot as proof of parking for the remaining four required spaces. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors (which need not be weighed equally): Factor Finding 1. Demonstrated Need for Proposed Use Standard met. Adult day care continues to be in demand in the Twin Cities area as evidenced by numerous inquiries received by City staff in recent months. 2. Consistency with the Comprehensive Plan Standard met.The proposed use is not inconsistent with the Industrial designation in the Comprehensive Plan, which allows for adult day care facilities. 3. Effect upon Property Values Standard met. There are no anticipated modifications to the exterior of the building. 4. Effect on Traffic Flow and Congestion Standard met.Traffic to and from the site is expected to be minimal as the daily clientele will arrive and depart via two passenger vans 3 and four minivans. The traffic volumes on Nevada Ave and Sandburg Rd are sufficiently low to handle these additional trips. 5. Effect of Increases in Population and Standard met. The number of daytime persons Density being added to the site is not anticipated to have a negative effect on the area, which is Industrial in nature. 6. Compliance with the City's Mixed-Income Not applicable. Housing Policy 7. Increase in Noise Levels Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not Vibration anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard conditionally met. The proposed use is not anticipated to attract pests. However, a secure garage enclosure will be required in order to ensure food scraps are not accessible to rodents or other pests. 10. Visual Appearance Standard met.There are no planned modifications to the exterior of the property, suggesting there will be no visual impact from the proposed use. 11. Other Effects upon the General Public Standard conditionally met. If the limits on Health, Safety, and Welfare the number of persons to be served as determined by the Minnesota Department of Human Services are followed, the proposed use is not anticipated to have any other impacts on the surrounding area. The Engineering Division has reviewed the application and has no additional comments or concerns. The compfiance status of the property with respect to the City's Inflow and Infiltration requirement is currently unknown, but an inspection of the sanitary sewer system was conducted on June 11. Once the results have been analyzed, if corrections are required a deposit with the City will be made in order to ensure the work is done. Engineering staff supports the approval of the CUP. 4 Recommended Action Based on the findings above, staff recommends approval of Conditional Use Permit 169 allowing for the operation of an adult day care facility at Suite#300 of 2300 Nevada Avenue North. The approval of the Conditional Use Permit is subject to the following conditions: 1. Any outdoor trash enclosure shall be designed to prevent access by rodents or other pests or vermin, as approved by City staff. 2. Maximum occupancy for Suite #300 must be established by the State Building and Fire Codes as well as the Minnesota Department of Human Services. It must be adequately recorded in the Conditional Use Permit upon approval by the Building Official and must serve no more than 50 clients. If additional space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size and capacity. 3. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult day care operations may commence. Proof of such licensing must be presented to the Building Official and Planning Manager. 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Applicant Narrative (1 page) Interior plans (2 pages) Site survey (1 page) Building floor plan (1 page) 5 7800 Golden Valley Road I Golden Valley,MN 55427 t A 763 593-3992 1 TTY 763 593 39t-,81763 593 8109(fax)I www.goldenvalleymn.gov Planning Commission June 24, 2019-7 pm CounciREGULARMEETINGMINUTESGolden lyCityHall Golden Valley City Hall 7800 Golden Valley Road Call to Order The meeting was called to order at 7 pm Chair Blum. R all Comm ' ners present: Rich Baker, Ro Blum, Adam Brookins, Andy Jo auren Pockl, Ryan Sadeghi, and uck Segelbaum Commissioners a None Staff present: anning Man ger Jason Z' rman, Senior Planner/Grant Writer Emily Go and lanni ern Emily Anderson Council Liaison present: None Approval of Agenda MOTION made by Brookin conded by ohnson to app a agenda of June 24, 2019, as submitted and the motion carrie animously. ft Approval of utes MOTIOlade by Johnson, seconded by ckl to approve the June 10, 2019, minutes as submitted and the tion carried unanimously. Public Hearing—Conditional Use Permit#169 Applicant: LSHLC Golden Valley Adult Day Program Address:2300 Nevada Ave N, Suite #300 Purpose:Adult Day Care in the Industrial Zoning District Zimmerman referred to a location map of the subject property and explained the applicant's request to operate an adult day care facility in an Industrial Zoning District. He stated that the existing building is an 18,991 sq. ft., multi-tenant building housing a construction office, computer support services, and storage, and that the suite in question is 4,505 sq. ft. He added that there are currently 55 striped parking spaces and a secure area for trucks and equipment Zimmerman discussed the proposed use of the property which includes adult day care for up to 50 clients, with an average of 25 to 35 clients on site daily. He noted that licensing from the MN Department of Human Services would be required and that there would be 7 full time employees, and 3 part-time consultants. The hours would be 8 am to 5 pm, Monday thru Friday, there would be two 15- passenger vans and 4 minivans for transporting clients, there would be no food preparation on site, and no external modifications would be made to the building. L763-5 cument is available in alternate formats upon a 72-hour request. Please call aj 3-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats lude large print, electronic, Braille, audiocassette, etc. City of Golden Valley Planning Commission Regular Meeting 2. June 24, 2019—7 pm Zimmerman referred to the parking regulations and stated that 59 parking spaces are required. He said there are currently 55 parking spaces plus the area in the secured lot so the deficit of 4 spaces can be accommodated through proof of parking in the secure area along the east edge of the lot. Zimmerman stated that the proposed use meets all of the factors of evaluation outlined in the City Code so staff is recommending approval of the Conditional Use Permit. Baker asked who owns the building. Zimmerman stated that the construction company located in the building owns the property. Baker asked about the guarantee regarding the proof of parking area and if it is part of the applicant's lease. Zimmerman explained that staff is asking for the proof of parking spaces as a fallback in case there is a parking need in the future. Segelbaum asked if Conditional Use Permits typically list the hours of operation in the conditions of approval, or if it is ok to leave it out. Zimmerman said it is up to the Planning Commission, but it is more commonly a condition of approval if there are conflicts with neighboring properties or if there are residential properties nearby. Baker said because of past experience with an adult daycare being used evenings and weekends he thinks it might be smart to list the hours of operation in the conditions of approval. Zimmerman noted that if the applicant's hours were to change at all they would have to go through the amendment process. He added that if the Planning Commission is comfortable with the hours listed in the application they could use those hours as their criteria for a condition of approval. Segelbaum noted that the Building and Fire codes cap the occupancy at 50 people and asked if that includes staff. Zimmerman stated that those codes list how many people can be in the building which might be different than what the applicant's state license allows. Sadhegi asked if there would be any exterior amenities. Zimmerman said no. Johnson asked if ADA compliance is handled through the licensing process. Zimmerman said that would be reviewed during the building permit application process. Johnson asked how many Golden Valley residents would be served by this company. Zimmerman said he didn't know. Johnson asked about the common area shown on the floor plans. Zimmerman explained that area is the common hallway space used by three suites to exit the building. Pockl asked where the entrance to the building is and if vans dropping off and picking up would block any entrances. Zimmerman referred to an aerial photo of the site and noted that no entrances would be blocked. Saeng Kue, Applicant, said they have been located in north Minneapolis for the last 10 years and they've decided to move to a quieter area. He said he would like Golden Valley residents to participate and City of Golden Valley Planning Commission Regular Meeting 3 June 24, 2019—7 pm explained that there is a ramp access in the front of the building and a garage access they can use in the winter. Baker asked if their north Minneapolis location will continue. Kue said no. Segelbaum asked Mr. Kue to explain how the passenger vans and minivans would be used. Kue explained that in the morning they use the passenger vans to pick clients up and during the daytime they use the minivans to bring clients to appointments and activities. He added that he has been observing the site for approximately a month and has not noticed much traffic activity. Segelbaum asked Mr. Kue how this location would differ from ones he has previously run. Kue said the State will determine the number of clients they can have. He said they will probably have 25-30 clients with 7 staff. He noted that in their Minneapolis location they had 5,500 square feet and had approximately 40 clients. Johnson asked Mr. Kue how many Golden Valley residents they would serve. Kue said he doesn't know yet, but he will be talking to community organizations and churches about their services. Blum asked Mr. Kue if Golden Valley is part of their target market. Kue said they have a combination of clients. Blum opened the public hearing. Jon Halverson, 2401 Nevada Avenue, said he was recently at a City meeting regarding the creation of a bike path on Nevada Avenue which is going to make parking an issue because parking would only be allowed on one side of the street. He said he has had problems with people parking in front of his building causing problems with entering and exiting which is dangerous so he thinks there could be a real problem with visitors coming to this site because parking is already an issue. Seeing and hearing no one else wishing to comment, Blum closed the public hearing. Blum asked staff to comment on the parking on Nevada Avenue. Goellner stated that the Council will consider a bike lane installation at their meeting in July. She said there is a proposal that would restrict parking on the west side of the Nevada Avenue and the South side of Sandburg Road and there is another proposal that would not remove any parking. She said when staff evaluates parking they only consider spaces that are on the property itself, so the use in question would probably not have any parking impacts on the street. She added that as far as the on-street parking issues discussed she is not sure where that is being generated from so it's hard to say. Baker said it might be worth adding a condition that requires a formal agreement with the applicant and property owner regarding the four needed parking spaces. Segelbaum asked if anything could be done regarding parking relative to the rest of the tenants in the building. Baker said he wants to be respectful to the fact that they are dealing with this specific Conditional Use Permit and he doesn't want to solve other parking problems as a part of this request. City of Golden Valley Planning Commission Regular Meeting 4 June 24, 2019—7 pm Brookins stated that he would leave the parking considerations as recommended. He said that if this space was used as by right office space the parking requirement would be 18 parking spaces. In this case, 10 are required which leaves eight extra spots compared to what could be there. Segelbaum asked if by right uses still have to show they have sufficient parking. Zimmerman said the Zoning Code does require a minimum number of parking spaces and when new buildings are built or some Planning action is required it is easy to determine parking, but it is difficult to track each specific use in each building, especially in multi-tenant buildings. Blum said the next concern was about visitors to this site adding to the parking conditions. Brookins said he thinks this building is better designed than others that have a similar use and he feels comfortable recommending approval. Baker referred to the hours of operation and said it would be good to have some idea of what the applicant's hours are going to be. Segelbaum suggested a condition that allows their hours to be 7:30 am to 6 pm. Blum said the normal operating hours he heard the applicant discuss were 8:30 am to 4 pm. Johnson said the applicant should abide the hours they listed in their application because they should know what's best for their business. Baker said when they described their hours they may not have known there could be restrictions placed on them. Blum referred to a map showing surrounding properties. He noted that there are some residential properties to the southwest and asked how far away those properties are from the subject property. Zimmerman said he didn't know but there are trees, railroad tracks, and another building in between so he would guess the residential properties were approximately 400 feet away. Blum stated that past complaints have been of night time uses near residential areas so he thinks it is relevant and reasonable to ask for operating hours based on that. Pockl asked for clarification on what hours of operation are being recommended. Mr. Kue said that as a service organization they sometimes work late or early and have occasional celebrations, but based on their current facility their normal operating hours would be from 8 am to 5 pm. Blum asked about the earliest and latest times clients are at the facility. Kue said most of their clients are dropped off between 8:30 and 9 am and leave around 3 to 3:30 pm. Baker asked Mr. Kue if 7 am to 6 pm would accommodate all of their activities. Kue said yes. Segelbaum said he would be interested in limitations on the hours when they have clients, and not limitations on the hours in which they can operate their business or have an occasional evening activity. He noted that there are noise ordinances and other regulations that businesses are also subject to. Baker said he doesn't want to say they can only have clients between 8 am to 5 pm. Segelbaum said he would recommend 7 am to 6:30 pm with no other limitations. Johnson reiterated that he thinks the City should give the applicant the hours he asked for (8 am to 5 pm) and said it is not the Planning Commissions role to set the applicant's hours. Brookins said he doesn't think the Planning Commission is trying to set the applicant's hours they are trying to limit when they can't operate. City of Golden Valley Planning Commission Regular Meeting 5 June 24, 2019— 7 pm Blum asked Johnson if there is value in being more expansive as a way to minimize bureaucratic involvement and staff time by giving a larger, equally acceptable timeframe to the applicant upfront and saving a little bit on resources anticipating there may be a change even though there might not be. Johnson said that is the cost of doing business and they should make sure applicants are well versed in what they ask for. He said he is really leery to tell an applicant what their hours can be and that they should recommend approval based on what is asked. Pockl said when they discuss expanding hours they aren't basing it on the applicant's history and understanding. She said the Planning Commission has a history that they are basing recommendations on and are trying to prevent reoccurrences of things that have happened previously. She said that warrants some consideration in order to prevent the applicant having to come back to request additional hours, or having incidents of applicants working outside their permitted hours. Segelbaum referred to condition number two in the staff report where it states "...must serve no more than 50 clients" and said he assumes that means at any one time. Zimmerman clarified that the applicant can have not more clients than his state license allows. MOTION made by Segelbaum, seconded by Baker and motion carried 6 to 1 to recommend approval of Conditional Use Permit 169 allowing for an Adult Day Care Facility in the Industrial Zoning District at 2300 Nevada Avenue North, subject to the following findings and conditions. Commissioner Johnson voted no. Findings: 1. Demonstrated Need for Proposed Use: Standard met. Adult day care continues to be in demand in the Twin Cities area as evidenced by numerous inquiries received by City staff in recent months. 2. Consistency with the Comprehensive Plan: Standard met. The proposed use is not inconsistent with the Industrial designation in the Comprehensive Plan, which allows for adult day care facilities. 3. Effect upon Property Values: Standard met. There are no anticipated modifications to the exterior of the building. 4. Effect on Traffic Flow and Congestion: Standard met. Traffic to and from the site is expected to be minimal as the daily clientele will arrive and depart via two passenger vans and four minivans. The traffic volumes on Nevada Ave and Sandburg Rd are sufficiently low to handle these additional trips. 5. Effect of Increases in Population and Density: Standard met. The number of daytime persons being added to the site is not anticipated to have a negative effect on the area, which is Industrial in nature. 6. Compliance with the City's Mixed-Income Housing Policy: Not applicable. 7. Increase in Noise Levels: Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration: Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin: Standard conditionally met. The proposed use is not anticipated to attract pests. However, a secure garage enclosure will be required in order to ensure food scraps are not accessible to rodents or other pests. City of Golden Valley Planning Commission Regular Meeting E> June 24, 2019—7 pm 10. Visual Appearance: Standard met. There are no planned modifications to the exterior of the property, suggesting there will be no visual impact from the proposed use. 11. Other Effects upon the General Public Health, Safety, and Welfare: Standard conditionally met. If the limits on the number of persons to be served as determined by the Minnesota Department of Human Services are followed, the proposed use is not anticipated to have any other impacts on the surrounding area. Conditions: 1. Any outdoor trash enclosure shall be designed to prevent access by rodents or other pests or vermin, as approved by City staff. 2. Maximum occupancy for Suite #300 must be established by the State Building and Fire Codes as well as the Minnesota Department of Human Services. It must be adequately recorded in the Conditional Use Permit upon approval by the Building Official and must serve no more than 50 clients at any one time. If additional space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size and capacity. 3. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult day care operations may commence. Proof of such licensing must be presented to the Building Official and Planning Manager. 4. The permitted operating hours for day care services with clients on site shall be 7 am to 6 pm Monday thru Friday. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. D ussion— Mixed Use Zoning District An on reminded the Commission that ey have had several discussions regarding the proposed new Mixed Zoning District and that this dis ssion will focus on impervious surface regulations, Designed Outdoor eation Area (DORA), and usa a open space. Anderson noted t some of the factors consider include: current green s ics and trends in Golden Valley, avoidi UDs and allowin more uses by right, walkab' ' : ormwater/environmental concerns, and trade-offs een impery us surface, setbacks eight regulations. Anderson stated that current imp 'ous surface r ions range from 25%to 90% in the Zoning Code. The current 1-394 Mixed Use Zoning t s a maximum of 65%, if in a PUD the maximum is 90%. She explained that for the proposed ne , xed Use Zoning District the TOD consultants have recommended that Subdistricts A v 0% maximum, and Subdistrict C have an 80% maximum. 7 i Anderson referred to a open space `'quireme and stated that the current 1-394 Mixed Use Zoning District re s lots over one acr in size to ha % open space. She stated that staff would like feedba arding the current City de definition of le open space and the possibility of requiri minimum percentage of DOR Exhibit "A" Plan of Demised Premises Suite #300 s:.krr.ac r .,, o..,., c n.$+..:m.:sc r;,N„.:;:4;..d4 tr,^az.sv^z%:.^r 7 7 d 7 yeA e' s% y 4 s' y,..-, t^-. 5 , t; j 3' i; L.., s : J' r,-..,uF.... . rrx;.:.2'£-.,.9" . /, r: 0 N`> OffiCe 4,505 sf 1 1 a e .; ti 1. y d `., y a' f v s+ i y E^'!/, i i ._.. <:._.,::,_c„<::;. a q.K.., a a r t, y 7 v J 1l.2j i,:; N L: f;, J! e 9e c, 9i 1 FF E: P:E F L t 2 0 va A av r u vc r fr s a T o ro erzi s, Inc. GOLDEN VALLEYr fV1 lY G..fi J 4G1 ff C• , m__.. , - . .... , r.>.p t : i 3 ir..+ y:. z. R, 1 e t i uy.. y a 9 affiCe 4,5( sf W. _.: 3: a_ _ ... _......__., i i; Y- ... r. ta d "" ' r.;, ,,g""- Stev€Ne(sc n Ky{e fhorrrpsars h 0Y7 I Ftt PERTIES,lR4C. TEl . TEL :., 275 Market Street,Suite 54S sneison@hnytpropert es.corr, kthorr pson hoytproper:ies.com Mir neapolis,Mt 5 405 wo• slo Can nsfsy• MMM : qaM b lOS3NNIW ' Jl3ll dA N3olOrJ wo s olan nsfsy jwo} : iow3 H1bON 3f1N3Ad 110VA3N OOEZ 311S m N w' xo ti— y88 ( ZS6) t4£ S— ti88 ( ZS6) OZ OZtiSS ' uw ' uo; 6uiwoo g JO M+ a9 WnN OM y nos anuany a opu( gpg s. Ndl nsrio sao 3nans oNv 1181NX3 Ni o NosNHor s aavH 1J81HX3 311S aa vt400V i i I II I I i I I I I I tii I 0 3 veans 13nva 2_ I J5 0 m v' O Q 1^ i 0 l9 I o IN t09 9 I r c _ _ i W— T WLL I I N p I O N N Z U u I I N g Qo J ! N Z am` m I W Y o a. Q a o= C N a N 42 N V M m n I z rn o; 3 " o' b a S BZ i ---- I m i. T l I r-- a , • k S{ dl i ' b W 3 N I m z3 I a o I _ Z V l a a m a m z Sl 5' 1 ` J N Yd Ot} 3 n OWo o a a nn i n v vnv - i V I V V V V V / \ J I V i s ca m..._... 4.. W C: 74 tL"' f, . ' i' MII I ZTVR f., Z G IwT _ . - i - f r 1 I 1 V i 6 Caz y 0. d z >" i, I y .. V C d y ti' oG > 13 f." CS u 1• Q WD c Y.....- e n P+ M Q Na J t ` e; ., ti, y 0. V - 1 O u rw. C j , f_,. l_ _ ,__ v. U y c, y Lr ci ' o r U G 1"': CJL"i j' q Q C > C) i o a N 1.. v v , o c 1 o, aJ Q r ORDINANCE NO. 667 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 169 2300 Nevada Avenue North LSHLC Golden Valley Adult Day Program, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55, Subd. b, and Section 113-94, by approving a Conditional Use Permit for certain tracts of land located at 2300 Nevada Avenue North, thereby allowing for an Adult Day Care Facility in the Industrial Zoning District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on July 16, 2019. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. Any outdoor trash enclosure shall be designed to prevent access by rodents or other pests or vermin, as approved by City staff. 2. Maximum occupancy for Suite #300 must be established by the State Building and Fire Codes as well as the Minnesota Department of Human Services. It must be adequately recorded in the Conditional Use Permit upon approval by the Building Official and must serve no more than 50 clients at any one time. If additional space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size and capacity. 3. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult day care operations may commence. Proof of such licensing must be presented to the Building Official and Planning Manager. 4. The permitted operating hours for day care services with clients on site shall be 7 am to 6 pm Monday thru Friday. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tracts of land affected by this ordinance are legally described as follows: Lots 1, 2, 3 and that part of the West 100 feet of Lot 8 lying Southerly of the Easterly extension of the North line of Lot 3 Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Ordinance No. 667 -2- July 16, 2019 Adopted by the City Council this 16th day of July, 2019. s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: s/ Kristine A. Luedke Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting July 16, 2019 60 day deadline: August 27, 2019 Agenda Item 6.A. Minor PUD Amendment – The Xenia Apartments PUD No. 113, Amendment #3 – 770 Xenia Ave S Prepared By Emily Anderson, Planning Intern Summary The Xenia Apartments is a multi-generational market rate apartment building that was approved in December of 2013. PUD No. 113 was originally approved to include 372 units. In July of 2017, Slosburg Company was granted an amendment to the original PUD to reduce the number of units by 18 for a new total of 354 units. In July of 2018, a second amendment was granted to add back 15 units for a total of 369 units. The applicant is now requesting a third amendment to the PUD in order to relocate the business center within the building and add one studio unit to bring the total up to 370 units. This amendment will not increase the gross square footage or the building footprint and will keep the number of units below that which was originally approved. The applicant will be retaining 714 parking spaces as agreed to with the passage of the second amendment. The second PUD amendment had a parking ratio of 1.93 spaces per unit. The proposed amendment will maintain this same parking ratio. It is still more than the 1.5 spaces per unit that is required by the Zoning Code. The changes in the number of units and parking spaces within the PUD are outlined below: PUD No. 113, 2013 Amendment #1, 2017 Amendment #2, 2018 Amendment #3, 2019 Units 372 354 369 370 Parking Spaces 745 711 714 714 Ratio 2.00 2.00 1.93 1.93 Based on the criteria for classifying amendments to PUDs outlined in the City Code and based on the type of modification being requested, staff has processed this proposal as a Minor PUD Amendment, which requires review by the City Council. The Council may approve or deny a Minor PUD Amendment by a simple majority vote without a public hearing or may refer the matter to the Planning Commission for its input and recommendation. Planning staff has reviewed the proposed amendment and finds it is not expected to generate additional impacts and is therefore recommending approval. Attachments •Location Map (1 page) •PUD Permit -The Xenia Apartments PUD No. 113 (3 pages) •Plans received June 26, 2019 (2 pages) Recommended Action Motion to approve the plans for The Xenia Apartments PUD No. 113, Amendment #3, and to authorize the Mayor and City Manager to sign the amended PUD Permit. Subject Property: 770 Xenia Ave S The Xenia P.U.D. No. 113 City Council Approval: December 17, 2013 Amendment #1 City Approval: July 25, 2017 Amendment #2 City Approval: July 17, 2018 Amendment #3 City Approval: July 16, 2019 City of Golden Valley, Minnesota Use Permit for Amendment #2 for Planned Unit Development Project Name: The Xenia P.U.D. No. 113 Location: 770 Xenia Avenue South, Golden Valley, Minnesota Legal Description: Lot 1, Block 1, Xenia Apartments, P.U.D. No. 113 Applicant: SFI Ltd. Partnership 20 Address: 10040 Regency Circle, Suite 200, Omaha, NE 68114 Owner: SFI Ltd. Partnership 20 Address: 10040 Regency Circle, Suite 200, Omaha, NE 68114 Zoning District: I-394 Mixed Use Permitted Uses: The PUD Permit allows for the construction of a five-story, 369 unit apartment building. Components: A. Land Use 1. The plans prepared by Louck Associates and BSB Design, dated October 18, 2013 and December 3, 2013, submitted with the Final PUD Plan application shall become a part of this approval. 2. The plan sheets prepared by BSB Design received July 7, 2017, submitted with the Administrative PUD Amendment application (for Amendment #1) shall become a part of this approval. 3. The plan sheets prepared by BSB Design received June 22, 2018, submitted with the Minor PUD Amendment application (for Amendment #2) shall become a part of this approval. The Xenia P.U.D. No. 113 Page 2 4. The plan sheets prepared by BSB Design dated June 25, 2019, submitted with the Minor PUD Amendment application (for Amendment #3) shall become a part of this approval. 5. No snow shall be stored on site. 6. Amendment #1 allows the following: A change in the number of units from 372 to 354 A change in the number of parking spaces from 745 to 711 The addition of a fifth level on part of the parking structure for amenity area/sports courts Moving the indoor pool from the free-standing building in the north courtyard to within the parking structure on the ground floor Modifying the exterior elevations to increase the quantity of brick and decrease the quantity of EIFS 7. Amendment #2 allows the following: A change in the number of units from 354 to 369 A change in the number of parking spaces from 711 to 714 8. Amendment #3 allows the following: A change in the number of units from 369 to 30 The relocation of the business center within the building B. Construction 1. The recommendations and requirements outlined in the memo from Deputy Fire Chief John Crelly to Mark Grimes, Community Development Director dated August 20, 2013, shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director dated November 23, 2013, shall become a part of this approval. 3. The design specifications, including building location, façade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 4. All signs on the property must meet the requirements of the City’s sign code. The Xenia P.U.D. No. 113 Page 3 C. Grading, Utilities, Access and Other Engineering Issues 1. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver to Mark Grimes, Community Development Director dated November 23, 2013 shall become a part of this approval. D. Subdivision 1. Proof of filing of the plat shall take the form of a certified copy of the fully recorded plat, or a receipt from the County specifically noting that the applicant has paid for such a copy to be sent to the City when it becomes available. 2. The name of the final plat shall include “P.U.D. No. 113” in its title. It is hereby understood and agreed that this P.U.D. Permit is a part of the City Council approval granted on December 17, 2012, July 20, 2017, and July 17, 2018, and July 16, 2019. Any changes to the PUD Permit for The Xenia P.U.D. No. 113 shall require an amendment. SFI Ltd. Partnership 20 Witness: ______________________ By: _______________________________ Title: _______________________________ Date: _______________________________ CITY OF GOLDEN VALLEY Witness: By: Shepard M. Harris, Mayor Date: Witness: _______________________ By: _________________________________ Timothy J. Cruikshank, City Manager Date: _________________________________ Warning: This permit is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Manager's Meeting RoomJOB NO:DRAWN: PROJ MGR:CHECKED:THE :' 0+# APARTMENTS QNFGP 8CNNG[006C14016 MA/JGJGPG, PA, WP, FTwww. bsbdesign. com1540DundeeRoadPalatine, Illinois600748477052200JOBNO:DRAWN:PROJMGR:CHECKED:of 2 KTUVNQQT UnitLayout2NCPNUP RAMPFD FDFDFDFDFDE.J. FDFDFDFDUnit S2108UnitJ135Unit E137UnitD139Unit E143MEPM105UnitH - Alt.186UnitB3185Unit B1187Unit B1189UnitC191Unit E1193UnitJ146Unit R1130Unit A2132UnitA2134Unit E136UnitD138UnitS2140Unit E142Unit H188Unit A190Unit JOB NO:DRAWN: REVISIONS 557'6'PROJ MGR:CHECKED:0+# Ä 4GUKFGPVKCN WKNFKPIU QNFGP 8CNNG[006C14016 MA/JGJGPG,PA,WP,FTwww.bsbdesign.com1540 Dundee RoadPalatine, Illinois 60074847 705 2200JOB NO: DRAWN: REVISIONS 557' 6' PROJ MGR: CHECKED: 2 of2Ä 5GEQPF loor Unit Layout 2NCPN4 7 8 9 11 12 14 15 16B5101718 19 20 21 22 23 24 6 1323.