agenda packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
January 22, 2008
6:30 p.m.
The Council may consider item numbers 1, 2, 3, 4, 6 and 7
prior to the public hearings scheduled at 7:00 p.m.
1. CALL TO ORDER
A. Roll Call
B. Oath of Office - Police Officers Nicholas Anderson, Daniel Feldman, Kristin Hoefling
and David Staaf
C. Lego League Presentation
PAGES
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. PUBLIC COMMENT (OPEN FORUM)
4. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes - City Council Meeting - January 8, 2008 and Council/Manager
Meeting - January 15, 2008
B. Approval of Check Register
C. Licenses:
1 . General Business Licenses
2. Gambling License Exemption and Waiver of Notice Requirement - Church of
Christ the King
D. Minutes of Boards and Commissions:
1. Planning Commission - December 17,2007
2. Human Rights Commission - November 8, 2007
3. Bassett Creek Water Management Commission - November 14,2007
4. Joint Planning Commission, Environmental Commission and Open Space and
Recreation Commission - December 17, 2007
E. Bids and Quotes:
1. Televising Truck - Quotes
2. Four Trucks - Quotes
3. Rotary Mower - Quotes
F. Authorization to Sign Consulting Agreement Amendment One with Center for Energy
and Environment Consulting for Housing Rehabilitation Program
G. Affirming Golden Valley's Support of Active Living 08-4
H. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski,
Radosevich, & Co., P.A. for 2007 Audit Services
I. Authorization to Sign Agreement with Canadian Pacific Railway to Replace the
Louisiana Avenue South Crossing
5.
PUBLIC HEARINGS 7:00 PM
6.
OLD BUSINESS
A. Continued Item - Authorization to Sign the U.S. Mayors Climate Protection
Agreement and Assigning Environmental Commission Responsibility to Recommend
Targets under Kyoto Protocol
7.
NEW BUSINESS
A. Call for Public Hearing - 2008-09 Pavement Management Program - 2/19/08 08-5
B. Announcements of Meetings
C. Mayor and Council Communications
D. Release and Settlement of All Claims and Agreement to Indemnify for all Liens-
Hixon Lawsuit
*
8. ADJOURNMENT
*-item added at meeting
GUIDELINES FOR PUBLIC INPUT
A copy of the agenda packet is available for the public's review prior to the Council Meeting at: 1) City Hall, City Manager's
Office, from 8:30 a. m. to 4:30 p.m. beginning the Friday before the meeting; and 2) Golden Valley Library, Reference
Desk, 830 Winnetka Avenue North, beginning the Saturday before the meeting. A copy of the agenda packet is retained
on file in the City Manager's office. The agenda cover sheet is also available on the City's web site - www.cLqolden-
valleV.mn.us. If you wish to be placed on the mailing list to receive mailed copies of the agenda cover sheet or have any
uestions re ardin the a enda, lease call Jud Nail at 763-593-3991.
Comprehensive Plan Amendments, Conditional Use Permits, Rezonings. Planned Unit Developments (PUD),
Subdivisions (platting), and City Code Zoning Text Amendments
A. Pre-hearing Presentations:
1. Council will bring on the table for consideration.
2. Applicant will make presentation.
3. Planning Commission Member or Staff will present the Commission's recommendation.
B. Public Hearing:
1. The Mayor may ask people to identify how many wish to speak at the hearing.
2. If there are many people who wish to speak, the Mayor may set a time limit for statements. Groups are
encouraged to use spokespersons, who will be given longer for presentations.
3. Give full name and address clearlv for the record when speaking.
4. Address all questions to the Mayor. The Mayor will then determine who will answer them. Questions will
be answered when all persons have had a chance to speak.
5. No one will be given an opportunity to speak a second time until everyone has had an opportunity to
speak initially. Please limit second presentation to new information and not rebuttals.
6. There will be no straw votes of people present. These are not helpful to the Council because they do not
reflect total community sentiment.
7. At the close of the public hearing, the Council will debate the issue.
Improvement Hearings
A. Pre-hearing Presentations:
1. Staff will describe proposed improvements.
2. Citizens petitioning for improvement will be asked to describe their request.
B. Public Hearing:
1. The same procedure will be followed as outlined above (B), except that voting for improvements requires
differing majorities for approval depending upon the circumstances of the project. The voting
requirements will be explained at the meeting.
Testimony at a public hearing is one additional form of information that the City Council considers when making a decision.
Your opinions, comments, and questions are welcomed and encouraged. Those persons unable to attend a meeting may send
written correspondence to the City Council at City Hall. The City Council needs your participation to make the best decision for
our community.
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats
may include large print, electronic, Braille, audiocassette, etc.
Council/Manager Meeting Minutes
January 15, 2008
Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer. City
Manager Tom Burt, Public Works Director Jeannine Clancy, Director of Planning and
Development Mark Grimes, and Assistant City Manager Jeanne Andre
The meeting began at 6:52 pm in the City Council Conference Room.
Request to Waiver of Sign Code - Westview Liquor/Grocery Store
Mark Grimes reported that the owner of Westview Liquor store would like to raise his pylon
sign above the height currently allowed in the City Code and has requested a waiver to do
so. Since state law does not allow waivers to City Code (other than variances to the Zoning
Chapter) a code amendment applicable to all properties would need to be adopted to
accommodate this request. After some discussion the Council determined that it is not
interested in amending the sign code.
2008 Legislative Policies
Tom Burt explained that staff had updated the 2007 policies and added a new position on
Fiscal Disparities as directed at the last meeting. He suggested that the Council may want
to reduce the number of policies and focus on the ones of greatest significance to the City.
The Council decided to drop the policies on firefighter recruitment and retention, sale of
graffiti materials, early childhood education and after school programs, but add a new
policy regarding adequate funding for K-12 education that incorporates early childhood and
after school program funding. The Council requested a shorter format with a brief
background and specified response and asked that the League of Minnesota Cities and
Metro Cities policies be placed in an appendix. The Council requested the policies to be
listed in the following order: Fiscal Disparities, Group Residential Facilities,
Inflow/Infiltration, Transportation Funding and Management, K-12 Education Funding, and
Clean Water and asked that local information and statistics be added when possible,
specifically for group residential facilities and inflow and infiltration. Staff will circulate a new
draft of the policies for Council comments prior to creating the final policy booklet to be
presented to the legislative delegation at the February Council/Manager Meeting.
Inflow/Infiltration Program
Council Member Scanlon requested that this item be placed on the agenda to determine if
the program could be effectively implemented in a way that is less burdensome to property
owners. Jeannine Clancy distributed a report on properties inspected to date for either the
pavement management or point-of-sale programs. She also distributed a list of strategies
employed by other metro cities in response to inflow and infiltration issues. The Council
discussed reducing the scope of the inspection to include only inflow issues or major
infiltration issues. Ms. Clancy explained that the inspection process has criteria, but
application of the criteria is subjective by nature and the program has tried to Hmit the
scope of corrections when possible. The Council discussed the environmental impact of
leaking sewage and the problem of meeting the Metropolitan Council requirements for
reduced clear water in the system without knowing the main source of this water. They
could suggest no modifications to the program that would assure compliance. At a future
meeting staff will review the sewer inspection process with a demonstration tape and
identify the type of infiltration that is flagged for repair. Staff will also work on identifying an
approach for a local loan program as well as a plan to lobby for additional funding fO" I _
Metropolitan Council loans. ~
\
Council/Manager Meeting Minutes
January 15, 2008 - Page 2
Human Rights Commission (HRC)
Council Member Scanlon asked to add this item to the agenda. She attended the last HRC
meeting at which the members expressed an interest in revising the by-laws to meet
monthly instead of bi-monthly. This by-law change needs to be approved by the City
Council. The Council indicated that the request could come forward and no Council
opposition was voiced. Council Member Scanlon noted that one of the HRC Members has
expressed an interest in taking a leave of absence to attend school. The Council
consensus was that members who cannot regularly attend meetings should resign, as
continuity of participation is important.
The meeting adjourned at 8:30 pm.
Jeanne Andre
Assistant City Manager
2(
"
Regular Meeting
of the
City Council
January 8, 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on January 8, 2008 at 6:30 p.m.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Oath of Office, Roll Call and Seatina of the Council
Judge Patrick Fitzgerald gave the oath of office to Mayor Linda R. Loomis and Council
Members Mike Freiberg and Bob Shaffer The term for Mayor Loomis expires December
31,2011 and the terms for Council Members Freiberg and Shaffer expire on December 31,
2011. A roll call was taken and the seating of the 2008 Council took place.
The Mayor adjourned the meeting for cake and coffee, after which the meeting
reconvened.
Minnesota Sesquicentennial Celebration Presentation - Senator Ann Rest
Senator Ann Rest reviewed the events and programs that will be available throughout the
state to celebrate the Sesquicentennial.
Approval of Aaenda
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
agenda of January 8,2008 as amended: Addition of Executive Session for Hixon Lawsuit;
and removal of Authorization to Sign the U.S. Mayors Climate Protection Agreement and
Assigning Environmental Commission Responsibility to Recommend Targets under Kyoto
Protocol.
Executive Session for Hixon Lawsuit
Thomas Burt introduced the agenda item.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to meet
immediately following the January 8, 2008 City Council meeting in an Executive Session to
discuss litigation strategies with the City Attorney regarding the Hixon lawsuit.
'2J{
Regular Meeting of the City Council
January 8, 2008
Page 2
Approval of Consent Aaenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve
the items on the consent agenda as amended: Removal of Approval of Minutes:
Council/Manager Meeting - December 11,2007 and Authorization to Sign the U. S. Mayors
Climate Protection Agreement and Assigning Environmental Commission Responsibility to
Recommend Targets under Kyoto Protocol.
Mayor Loomis read the items listed on the consent agenda.
*Approval of Minutes: Special City Council Meetinas - December 3 and 4. 2007;
Executive Session - December 3 and 18.2007 and City Council Meetina - December
18.2007
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
Special City Council meeting minutes for December 3 and 4, 2007; Executive Session for
December 3 and 18, 207 and City Council Meeting for December 18, 2007.
Approval of Minutes: Council/Manaaer Meetina - December 11. 2007
Council Member Shaffer requested that under 2008 Council Workshop the minutes reflect
that the meeting was change from March 1 to March 8, 2008.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the
Council/Manager Meeting minutes for December 11, 2007 as amended: 2008 Council
Workshop, note the meeting date change from March 1 to March 8, 2008.
Citizen Input
Mayor Loomis introduced the agenda item. Hearing and seeing no one, the Mayor
continued the meeting.
*Set Time and Place of Aaenda Closina
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to set the
closing time and place for receipt of public information for the Council agenda at 4:30 p.m.
on the Wednesday preceding the Council Meeting in the City Manager's Office.
*Desianation of Official Newspaper
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to designate the
New Hope-Golden Valley SunPost as the City's official newspaper.
~
Regular Meeting of the City Council
January 8, 2008
Page 3
*Designation of Depositories for City Funds
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 08-1
RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS
The motion for the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
*Bills and Claims
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as subrnitted.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - November 26, 2007
Board of Zoning Appeals - November 27, 2007
Joint Water Commission - December 5, 2007
Envision Connection Project Board of Directors - November 15, 2007
Joint Planning Commission, Environmental Commission and Open Space and Recreation
Commission - November 26, 2007
*Approval of 2008 Pay Equity Implementation Report
MOVED by Freiberg, seconded by Pentel and motion carried unanimously that the City
Council approves and authorizes the Mayor to sign the Pay Equity Implementation Report.
* Authorization to Sign Storm Emergency Financial Assistance Agreement with
Hennepin County
MOVED by Freiberg, seconded by Pentel and motion carried unanimously to authorize the
City Manager sign the Storm Emergency Financial Assistance Agreement with Hennepin
County.
7:L
Regular Meeting of the City Council
January 8, 2008
Page 4
*Reappointment of City Manager to Joint Water Commission
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 082
RESOLUTION REAPPOINTING THE CITY MANAGER AS
CITY OF GOLDEN VALLEY REPRESENTATIVE ON THE
GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION
The motion for the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Public Hearing - Multifamily Housing Development and Issuance of Bond or Note -
Hammer Residences, Inc.
Sue Virnig, Finance Director, introduced the agenda item and answered questions from the
Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 08-3
RESOLUTION AUTHORIZING A HOUSING PROGRAM AND PROVIDING FOR THE
ISSUANCE AND SALE OF A REVENUE BOND PURSUANT TO MINNESOTA
STATUTES, CHAPTER 462C, AS AMENDED, AT THE REQUEST OF HAMMER
RESIDENCES, INC., AND APPROVING A JOINT POWERS AGREEMENT AND OTHER
DOCUMENTS TO BE ENTERED INTO IN CONNECTION THEREWITH
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
21
Regular Meeting of the City Council
January 8, 2008
Page 5
Authorization to Sign the U.S. Mayors Climate Protection Agreement and Assigning
Environmental Commission Responsibility to Recommend Targets under Kyoto
Protocol
This item will be considered at the January 22, 2008 City Council meeting so members of
the Environmental Commission can attend.
Announcements of Meetinqs
The next Housing and Redevelopment Authority meeting will be held on January 15, 2008
at 6:30 pm.
The next Council/Manager meeting will be held on January 15, 2008 immediately following
the H RA meeting.
Some Council Members may attend the Employee Appreciation Lunch on January 17.
2008 from 11 am to 12:30 pm.
A Bassett Creek Water Management Commission will be held on January 17, 2008 at
11 :30 am.
The City Offices are closed on Monday, January 21, 2008 in observance of Martin Luther
King Jr. Day.
The next City Council meeting will be held on January 22, 2008 at 6:30 pm.
A Council Strategic Planning Workshop will be held on February 2, 2008 at 9 am at the
Brookview Grill.
Announcements of Meetings - Reset Meeting Dates
Mayor Loomis introduced the agenda item. Thomas Burt answered questions from the
Council.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to reset the
following City Council Meetings: Tuesday, February 5 to Wednesday, February 6; Tuesday,
March 4 to Wednesday, March 5; Tuesday, August 5 to Wednesday, August 6; and
Tuesday. November 4 to Thursday, November 6, 2008;and the following Council/Manager
meeting date: Tuesday, September 9 to Wednesday, September 10,2008.
7JJ
Regular Meeting of the City Council
January 8, 2008
Page 6
Council Assiqnments - Mayor Pro Tem
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to nominate
Council Member Shaffer as Mayor Pro Tem.
Council Appointments - Assistant Weed Inspector
Mayor Loomis will appoint Ron Hammer as the Assistant Weed Inspector for a one year
term.
Appointment of Housing and Redevelopment Authority Commissioners
Mayor Loomis introduced the agenda item.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to appoint the
following City Council Members as Commissioners of the Housing and Redevelopment
Authority, with terms concurrent with tenure on the City Council: Mike Freiberg, Linda
Loomis and Bob Shaffer.
Mayor and Council Communications
No action and/or discussion took place.
Adjournment
The Mayor adjourned the meeting at 7:34 p.m.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant
,q
Memorandum
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
1. B. Oath of Office - Police Officers Nicholas Anderson, Daniel Feldman, Kristin Hoefling and
David Staff
Prepared By
Stacy A. Altonen, Chief of Police
Summary
Officers Nicholas Anderson, Daniel Feldman, Kristin Hoefling and David Staff will be present
to take their oath of office as Golden Valley police officers.
Recommended Action
Mayor Loomis administers the oath of office to Officers Nicholas Anderson, Daniel Feldman,
Kristin Hoefling and David Staff.
Memorandum
Finance
763-593-8013/763-593-8109 (fax)
hlley
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
~f
~
Memorandum
Inspections
763-593-8090 I 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. C. 1. General Business Licenses
Prepared By
Kathryn Pepin, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are
the License Number, Applicant, License Type and Fee of those who have submitted an
application for approval.
#3023
Waste Management of Mn.
10050 Naples Street N.E.
7 Recycling Vehicles
$350.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
zt,
1
Valley
Memorandum
City Ad m i n istration/Cou nci I
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Church of Christ
the King
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 3D-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from Church of Christ the King requesting waiver of 30 day waiting period (1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Church of Christ the King.
<61
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
. conducts lawful gambling on five or fewer. days. and
. awards less than $50,000 in prizes during a calendar year.
(j~GANIZATIQN INFQ~IVIATI(jN
Fee is 50 for
each event
Page 1 of 2 6/07
For Board Use Only
Check #
$
Organization name
e VrG J.. d) eh",;:.
Type of nonprofit organization. Check <-4) one.
D Fraternal [81 Religious D Veterans D Other nonprofit organization
Mailing address City State/Zip Code
S:DZ- Ze.to-t,' k. A",~ \\,). G""""<, \No.-
Name of chief executive officer (CEO) Daytime phone number
':D Ie. j. -Ko,o " "/2 .9 2.~- 5"030
THefOL.LOWING FOR PROOF OF ~(.)NP~()F1T STATUS
Previous gambling permit number
~ Z72.,S-(!J(..-col
ATTACH A COpy OF P",E
* Do not attach a sales tax exempt status or federal 10 employer numbers as they are not proof of nonprofit status.
_ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
_ Internal Revenue Service -IRS income tax exemption [501(c)) letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal 10 number and
the date your organization initially applied for tax exempt status to:
IRS, P.O. Box 2508, Room 4010, Cincinnati,OH 45201
_Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of mnh of the following:
a. IRS letter showing your parent organization is a registered nonprofit 501 (c) organization with a group ruling
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
X.lnternal Revenue Service - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required.
GAMBLING PREMISES INFORMATION
""""
Check the box
D *Bingo
boxes that indicate the type of gambling activity your organization will conduct:
j2g Raffles D *Paddlewheels D *Pull-Tabs 0 ...fipboards
* Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper,
hard cards, and bingo number selection device) must be obtained from a distributor
licensed by the Gambling Control Board. To find a licensed distributor, go to
www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076.
Page 2 of2
6/07
LG220 Application for Exempt Permit
LO~AI...UNlt(')fG(.)VERNNI~~TACI<N()WL.EPGNI.ENT
If the gambling premises is within city limits,
the city must sign this application.
Check <"'> the action that the city is taking on
. this application.
XThe application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1st class city).
_The application is denied.
Print city name (9 ol~-et'\ V'all~
Date~fu~
CHIEF EXECUTIVE OFFICER'S SIGNATURE
If the gambling premises is located in a township, both
the county and township must sign this application.
Check ('oJ> the action that the county is taking on
this application.
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
Title
Date_'-,---!_
TOWNSHIP: On behalf of the township, I acknowledge that the
organization is applying for exempted gambling activity within the
township limits. [A township has no statutory authority to approve
or deny an application [Minnesota Statute 349.213, subd. 2)]
Print township name
Signature of township official acknowledging application
Title Date , ,
The information provided in this application' complete and accurate to the best of my knowledge. I acknowledge that
the financial report will be completed and at med to oard within 30 days of the date of our gambling activity.
Chief executive officer's signature
Complete an application for each ga
. one day of gambling activity
. two or more consecutive days of gambling activity
. each day a raffle drawing is held
Send application with:
. a copy of your proof of nonprofit status, and
. $50 application fee for each event.
Make check payable to "State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Date I I I~ I ~Ct)g
Financial report and record keeping
required
A financial report form and instructions will be
sent with your permit. Within 30 days of the
activity date, complete and return the financial
report form to the Gambling Control Board.
.
Questions?
Call the Licensing Section of the Gambling
Control Board at 651-639-4076.
Data privacy. This fonn wiD be made available
in alternative fonnat(Le. large print, Braille) upon
request. The infonnation requested on this
fonn (and any attachments) will be used by the
Gambling Control Board (Board) to determine
your qualifications to be involved in lawful
gambling activities in Minnesota. You have the
right to refuse to supply the information
requested; however, if you refuse to supply
this information, the Board may not be able to
detennine your qualifications and, as a
consequence, may refuse to issue you a
pennit. If you supply the infonnation requested,
the Board will be able to process your
application. Your name and and your
organization's name and address will be public
information when received by the Board. All
the other information you provide will be private
data until the Board issues your pennit. When
the Board issues your pennit, all of the
information provided to the Board wiD become
public. If the Board does not issue a pennit, all
infonnation provided remains private, with the
exception of your name and your organization's
name and address which will remain public.
Private data are available to: Board members,
Board staff whose work requires access to
the information; Minnesota's Department of
Public Safety; Attorney General; Commissioners
of Administration, Finance, and Revenue;
LegislativeAuditor, national and international
gambling regulatory agencies; anyone pursuant
to court order, other individuals and agencies
that are specifically authorized by state or
federal law to have access to the infonnation;
individuals and agencies for which law or legal
order authorizes a new use or sharing of
information after this Notice was given; and
anyone with your consent.
r1
CHURCH OF
CHRIST
THE KING
January 15,2008
Judy Nally
Golden Valley City Offices
7800 Golden Valley Road
Golden Valley, MN 55427
RE: GAMBLING LICENSE FOR APRIL 26, 2008 TO BE HELD AT THE
METROPOLITAN CLUB, GOLDEN VALLEY, MN.
Attn: Mayor and City Council
In reference to our Application for the Authorization for an Exemption for Lawful
Gambling License, The Church of Christ the King requests that you please waive the
usual 3D-day waiting period.
Your consideration is appreciated.
Very truly yours,
5029 ZENOTH AVENUE SOUTH. MONNEAPOU5, MN 554>0. PHONE. 6 <2.9Z0.5030 . FAX. 6'2.920.' n9 q 0
Regular Meeting of the
Golden Valley Planning Commission
December 17, 2007
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
December 17, 2007. Chair Keysser called the meeting to order at 7:30 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty
and Schmidgall. Also present was Council Member Bob Shaffer, Director of Planning
and Development Mark Grimes, Planning Intern Joe Hogeboom and Administrative
Assistant Lisa Wittman. Commissioner Waldhauser was absent.
1. Approval of Minutes
November 26, 2007 Joint Planning/Environmental/Open Space and Recreation
Commission Meeting
MOVED by Eck, seconded by Cera and motion carried unanimously to approve the
November 26, 2007 Joint Planning/Environmental/Open Space and Recreation
Commission Meeting minutes as submitted. Commissioner Keysser abstained from voting
because he was not present at the meeting.
November 26, 2007 Regular Planning Commission Meeting
Eck referred to the last paragraph on page 4 and noted that the word "where" should be
the word "were".
MOVED by Eck, seconded by Schmidgall and motion carried unanimously to approve the
November 26, 2007 regular Planning Commission minutes with the above correction.
Commissioners Keysser and McCarty abstained from voting because they were not
present at the meeting.
2. Discussion Regarding In-fill Housing Issues
Shaffer referred to the Planning Commission's report on In-Fill Housing and
Redevelopment. He said he thinks that lessening the height requirement as suggested
isn't going to make a big difference. He suggested that the volume of a house and the
volume between houses is what will make a bigger difference. He gave the
Commissioners drawings and showed them models that illustrated massing and the air
space between different types of houses on different sized lots.
Shaffer said he is also recommending that the proposed language regarding side wall
articulation be removed or be made applicable to all floors of a house and that the entire
side yard setback needs to become larger as a house gets taller.
McCarty asked if that means the entire structure would have to be set back further from
the side yard property line. Shaffer said yes.
q/
Minutes of the Golden Valley Board of Planning Commission
December 17, 2007
Page 2
,
Shaffer stated that existing structures would be "grandfathered in" and new additions
would have to meet any new setback requirements. He said that increasing the volume of
space between homes would mean more than reducing the height and the idea is to pull
houses away from each other so he is proposing that if a house is over 15 feet in height,
the side yard setback requirement should increase 6 inches per foot over 15 feet.
Keysser asked if the City has seen examples of large homes being built on 75 foot wide
lots. Schmidgall asked how many "monster" houses have been built. Shaffer thought 5 or
6 "monster" houses have been built, but that there will be more. He suggested having
different requirements on 40-foot wide lots.
Keysser questioned the costs involved in having to "set back" a second story addition
when remodeling a house. He said he is not sure what is wrong with a small house being
located next to a bigger house. Shaffer agreed that there will be costs involved in having
to set back a second story addition but he is trying to protect neighborhoods. He stated
that when houses are out of scale is when the City receives complaints.
Rich Baker, 224 Janalyn Circle, stated that the problem is the visual impact on the
neighborhood. He said he knows it is difficult to measure the volume of a house and
questioned how that would be done. Shaffer agreed that it is difficult to measure the
volume of a house and explained that he is trying to affect the volume of houses without
actually measuring the volume. Grimes noted that the proposed new ordinance does
have impervious surface requirements which will also help determine the size of a new
home.
McCarty stated that the Planning Commission spent a lot of time on the Infill Development
Report and the residents that attended the meetings seemed happy with the
recommendations in their report. Shaffer said he thinks the recommendations have to be
visualized in 3-D in order to better understand the issues.
Keysser said he's concerned about fewer people being able to build and it being more
expensive to add on to their homes and that is not fair to property owners. Shaffer stated
that other communities are adding language to their codes similar to what he is
suggesting and people are working with it and have been alright with it.
Kluchka said he thinks the biggest issue is houses that are torn down and rebuilt with
larger houses. He added that it is more efficient to "build up" and it is better for the
environment and for water run-off.
Cera agreed with Shaffer and stated that if a second story addition is required to be set-
back further it would affect the scale of the house. Keysser said he agrees that Shaffer's
proposed language would work for new construction but not for remodels or additions.
Shaffer discussed the issue of grading and "building up" the grade in order to make a
house taller. Kluchka noted that the Planning Commission's proposed language stated
C(L
Minutes of the Golden Valley Board of Planning Commission
December 17, 2007
Page 3
that the grading on a lot can only be "built up" as high as necessary to get the proper
drainage.
Grimes stated that there are so many unique lots in Golden Valley that it is difficult to
measure the grade. Shaffer suggested measuring the height of a new home from the
existing grade or setting the new house based on the current grade of the lot because
proportions of new houses start to match if they are built where they originally started.
Keysser stated that there are a number of lots that need fill brought in, in order to make
the drainage work properly. Shaffer agreed and stated that in those types of situations the
homeowner might have to request a variance.
Cera suggested looking at the grade on a lot during the subdivision process. Grimes
stated that new plats now require subdivision agreements and drainage plans at the time
a lot is subdivided. Kluchka said he likes the idea of measuring from the initial grade.
Grimes stated that the City would have to require a survey to set the grade and it would
have to be checked before and after construction.
Shaffer reiterated that height isn't the issue, it's the volume. He explained that he is trying
to give the Planning Commission ideas that he thinks could be incorporated into the code
that will work.
Eck referred to the language regarding the height of homes and questioned the last
sentence. Grimes explained that the last sentence "grandfathers in" existing homes.
Keysser summarized the proposed changes discussed. Grimes said he will draft some
new language for the Planning Commission to discuss the following items: measuring
grade from the existing grade point, structures higher than 15 feet will require 6 inches of
additional side yard setback area for each additional foot over 15 feet, sidewall
articulation on second stories and roofs, and second stories being setback further from
side yard property lines. Shaffer added that he will work on some drawings that can be
put in the code.
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Cera gave a report on the November 20,2007 City Council Meeting.
4. Other Business
No other business was discussed.
5. Adjournment
The meeting was adjourned at 8:55 pm.
Cf3
GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING
Minutes from the Meeting of November 8, 2007
Members Present: Ron Brandon, Marion Helland, Anne Dykstra, Theresa Jorgenson.
Members Absent: Andrea Purvis, Samuel Deputie.
Staff Present: Mayor Loomis, Chief Stacy Altonen.
The meeting was called to order by Chair Brandon at 7:00 pm.
AGENDA ADDITIONS
Commissioner Dykstra requested the addition of two agenda items:
1) Submissions to the Council regarding same-sex marriage and planning memo
2) Meeting with City Council work group
OPEN FORUM
There was no one present requesting to address the Commission.
CHAIRPERSON'S REPORT
APPROVAL OF MINUTES
Commissioner Dykstra stated additional comments made during the meeting pertaining to
the police force should be added to the minutes. Chief Altonen advised she would revise
the minutes and disperse to commissioners. Chair Brandon moved to approve the
September 13, 2007 amended minutes; seconded by Commissioner Dykstra.
COMMON BOND
Deb Lande gave an overview of the affordable housing offered through Common Bond.
Valley Square Commons, a Common Bond community, was developed in 2002 and serves
seniors, people with special needs and low-income families (heads of household earning
less than $14,OOO/year). Currently there are 72 residents, 38 of which are children.
Common Bond offers programs to residents that include a homework center where children
can receive homework assistance from volunteers, and an advantage center where
residents have internet access to conduct research for school assignments and
employment searches. Through the Envision Connection Project staff is working with the
library to create a Study Buddy program for children in the community.
Mayor Loomis stated if the 1-394 corridor is to include more housing, the city would
consider additional Common Bond property in that area.
COMMITTEE REPORTS
SCHOOL EDUCATION
Commissioner Helland advised the Robbinsdale School District referendum did not pass
and one school will be forced to close as a result. Helland inquired if the commission could
6N
have a more participatory role in school issues and concerns. Commissioner Jorgenson
suggested the commission host educational meeting for the public on behalf of the school
district when the next referendum is presented. Commissioners Helland and Dykstra
stated the city council should give direction on commission involvement in political issues
before any action takes place.
HOUSING
See Common Bond discussion.
LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS
Commissioner Helland distributed a newsletter that summarized the annual meeting that
was held. There is a meeting in Golden Valley at Brookview on Sunday, 12/16/07, from 12-
3.
SHARE THE DREAM
Chair Brandon advised the planning process is about to begin for the February/March
event.
DISCRIMINATION
Commissioner Helland forwarded to members the Robbinsdale City Council Resolution
regarding Liberian repatriation. In the end the resolution was passed and Liberians were
granted a one-year stay.
COMMUNITY EDUCATION and MULTI-CULTURAL TASK FORCE
There was no discussion on this topic.
PROCLAMATIONS
The Commission will request the City Council approve the same resolutic>n as last year.
Further discussion will ensue at the City Council/Manager work session on December 11th
concerning all resolutions for 2008.
OLD BUSINESS
BIAS/HATE CRIME POLICY
Commissioner Dykstra will e-mail Chief Altonen the latest version of this draft. Once
revisions are complete a draft will be distributed to commissioners for review.
HRC CALENDAR AND GOALS
No action on this item, as the Commission is waiting to meet with the City Council in
December to discuss goals.
DIVERSITY TRAINING
No action on this item as the Commission is waiting to meet with the City Council in
December to discuss this topic.
BY-LAWS UPDATE
Commissioner Jorgenson will review the By-Laws draft sent out to commissioners and will
forward comments to Chief Altonen. Revised By-Laws will be re-distributed once a final
draft is complete.
qf
NEW BUSINESS
Commissioner Dykstra stated the commission is awaiting a response/feedback from the
City Council; specifically regarding the same-sex marriage advice documents and the HRC
planning memo submitted to the Council. Council minutes show same-sex marriage
advice documents were received and filed by the Council. Chair Brandon recommended
commissioners attend the work session in December and ask the council if that document
was, in fact, received. The planning memo was presented to the Council at the
Council/Manager work session and no feedback has been received.
Commissioner Dykstra advised there is grant money available through the Minnesota State
League of Human Rights for training for commissioners. Commissioners inquired about the
status of applications received for commission vacancies. Chief Altonen is aware of
interviews being conducted and will forward more information regarding membership once
it is obtained. Commissioners expressed interest in receiving training for commissioners,
the mayor and the city council.
Commissioner Dykstra stated pending issues should be resolved by the end of the year.
Commissioners should plan on attending the December 11th council/manager work session
to address the Council about concerns with communication and feedback. When work is
finished commissioners will plan to attend council meetings to formally present completed
documents.
Commissioner Helland advised the deadline for the Hobbes Award nominations is
02/22/08.
NEXT MEETING
The next meeting will be on Thursday, January 10, 2008 beginning at 7 pm.
ADJOURNMENT
MOVED by Commissioner Jorgenson, seconded by Commissioner Dykstra to adjourn the
meeting at 8:59 pm.
q~
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m.,
Wednesday, November 14, 2007 at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll
call.
Roll Call
Crystal
Golden Valley
Medicine Lake
Minneapolis
Minnetonka
New Hope
Plymouth
Robbinsdale
St. Louis Park
Also present:
Commissioner Pauline Langsdorf
Commissioner Linda Loomis, Treasurer
Commissioner Cheri Templeman
Commissioner Michael Welch, Chair
Not Represented
Not Represented
Commissioner Ginny Black, Vice Chair
Commissioner Karla Peterson
Commissioner Richard Johnson
Counsel
Engineer
Recorder
Charlie LeFevere
Len Kremer
Amy Herbert
Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park
Brooke Asleson, Minnesota Pollution Control Agency (MPCA)
Jeannine Clancy, City of Golden Valley
Jack Frost, Metropolitan Council
Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal
Bob Moberg, BCWMC Technical Advisory Committee, City of Pymouth
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Stu Stockhouse, Alternate Commissioner, City of Crystal
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
Elizabeth Thornton, Alternate Commissioner, City of Plymouth
Chair Welch announced the addition of agenda item 3D - the League of Minnesota Cities Insurance Trust
Waiver and agenda item Sbiv - the Joint Education and Public Outreach survey and request for public
funding. Ms. Black moved to approve the amended agenda. Ms. Peterson seconded the motion. The
motion carried unanimously [City of Minnetonka and City of New Hope were absent from the vote].
Chair Welch removed the financial report from the Consent Agenda. Ms. Black moved to approve the
amended Consent Agenda. Mr. Johnson seconded the motion. The motion carried unanimously [City of
Minnetonka and City of New Hope were absent from the vote].
A. Presentation of the October 18th meeting minntes. The October 18th minutes were approved as part
of the Consent Agenda.
B. Presentation of the Financial Statement. Chair Welch requested that the financial report be
#248537 vI
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BCWMC November 14, 2007 Meeting Minutes
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modified to show the income from the Minnesota Pollution Control Agency (MPCA) as it is
received by the BCWMC and redistributed into the Operating Budget.
Ms. Loomis moved to direct the Commission Engineer to speak to Deputy Treasurer Sue Virnig
regarding how to modify the financial report to accurately reflect TMDL expenditures and
receipts. Ms. Black seconded the motion. The motion carried unanimously [City of Minnetonka
and City of New Hope were absent from the vote].
Ms. Black proposed that the projects that have been completed be removed from the project
analysis spreadsheet of the financial report. Mr. Kremer suggested that Ms. Herbert work with
Deputy Treasurer Sue Virnig to correct the budget figure on the Westwood Lake project and to
create a new spreadsheet that captures the historic project analysis information for the completed
projects so that information can be removed from the current projects analysis spreadsheet. Chair
Welch directed Ms. Herbert to communicate with Ms. Virnig about the changes and to take the
''For Information Only" Capital Improvement Project update section out of the memo since that
information is now included as a table on the project analysis spreadsheet.
Chair Welch checked the status of the 2007 budget and asked Mr. Kremer if he has any concerus
about the status of the 2007 budget to~date. Mr. Kremer commented that the budget seems to be in
good shape.
The general and construction account balances reported in the November 2007 Financial Report
are as follows:
Checking Account Balance
TOTAL GENERAL FUND BALANCE
341,615.53
341,615.53
Investment Balance
TOTAL CONSTRUCTION ACCOUNT BALANCE
~Less: Reserved for CIP projects
Construction cash/ investments available for projects
o
2,763,547.35
2,563,804.73
199,742.62
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Kennedy & Graven - Legal Services ~ invoice for the amount of $2,265.48.
ii. Barr Engineering Company - October Engineering Services ~ invoice for the
amount of $16,601.67.
iii. Barr Engineering Company - October Services for Twin's Stadium - invoice
for the amount of $3,196.50.
iv. Amy Herbert - October Recording Administrator Services ~ invoice for the
amount of $2,612.50.
Ms. Black moved to approve all of the invoices. Ms. Peterson seconded the motion. By call of roll, the
motion carried (The cities of Minnetonka and New Hope were absent from the vote].
D. League of Minnesota Cities Insurance Trust Liability Coverage Waiver. Mr. LeFevere recommended
the BCWMC authorize the Chair to notify the LMCIT that the BCWMC does not waive the monetary
limits onits liability coverage. Ms. Black moves to authorize Chair Welch to notify the LMCIT that
#248537 v1
BCWMC November 14, 2007 Meeting Minutes
Page 2
qy
the BCWMC does not waive the monetary limits on the liability coverage. Ms. Loomis seconded the
motion. The motion carried unanimously [City of Minnetonka and City of New Hope were absent
from the vote].
E. BCWMC Contract with the MN Ballpark Authority and the BCWMC Invoice through October 26,
2007 for Submission to the MN Ballpark Authority. Chair Welch asked if the BCWMC is close to the
$25,000 limit set in the contract. Mr. Kremer said there should be about $2,000 to $3,000 still available
after the current invoice and there will still be a charge for the post-constructiou tunnel inspection. He
said the tunnel inspection costs should be less than $3,000. Ms. Black moved to approve the contract
with the MN Ballpark Authority and submission of the invoice. Ms. Loomis seconded the motion. The
motion carried unanimously [City of Minnetonka and City of New Hope were abseut from the vote].
Mr. Kremer recommended modifying the invoice to include the legal costs. Ms. Black recommended
sending the invoice as it is and adding the legal costs to the December invoice to the MN Ballpark
Authority. Chair Welch directed staff to add the legal costs to-date associated with the Twins Stadium
construction to the next BCWMC invoice to the MN Ballpark Authority. The motion carried
unanimously [City of Minnetonka and City of New Hope were absent from the vote].
A. Citizen Input on Non-agenda Items: No Citizen Input.
B. Chair
i. Chair Welch announced that Ms. IJerbert rIlled out and returned a short demographic
survey about the BCWMC. He explained the survey was sent out by the Board of
Water and Soil Resources to all Watershed Management Organizations regarding
Board member demographics.
ii. Chair Welch announced that the BCWMC Commissioner from Golden Valley, Mayor
Linda Loomis, was re-elected as mayor of Golden Valley.
iii. Chair Welch stated that on November 20th the City of Plymouth will be holding a
meeting on the West Medicine Lake Park pond project. Chair Welch said it would
make sense to have commissioner representation at the meeting but that he did not feel
that staff needed to attend.
iv. Chair Welch reported that he had recently seen a presentation on the hydrologic cycle
and asked if commissioners were interested in bringing the presentation in front of the
Commission. Chair Welch volnnteered to contact the presenter and frod out what it
would cost.
C. Commissioners: No communications.
D. Committees:
i. Education and Outreach Committee - Ms. Langsdorf announced that the next meeting
will be held December 11th at 9:00 a.m. at Golden Valley City Hall in the Manager's
Conference Room.
ii. Administrator Services Committee - Ms. Black said only she and Chair Welch out of
the five Committee members could attend the last meeting. She said she and Chair
Welch discussed whether it could be a good idea before hiring someone to have an
individual or a consulting frrm evaluate the process flow of the BCWMC. She said the
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BCWMC November 14, 2007 Meeting Minutes
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idea behind the evalnation would be that the BCWMC could see how Commission
business currently works, which would help the BCWMC determine what it wants the
Administrator to do to make the work process smoother and more efficient. Ms. Black
asked the commissioners for their thoughts on the idea.
Mr. Johnson asked if part of that evaluation would be determining where the cost
savings will be brought forth by the addition of an Administrator. Ms. Peterson said
the cost savings will likely be anecdotal and that a specific dollar amount probably
can't be attached. Mr. Johnson said it would be important to know where the cost
savings are coming from. Ms. Black said the Commission does know that cost savings
will be coming from the first item in the Barr invoice [Technical Services]. Ms.
Peterson said she thought it would be worthwhile that the evaluation include coming
up with a discussion of where the cost savings will come from. She said that
informatiou would be one more tool individual commissioners can use when bringing
the Administrator idea back to the cities.
Chair Welch said he sees the evaluation like an interim step. He also said that the
BCWMC may see some cost overlap with the Administrator but that he does not see
that hiring a person to handle the Commission's administrative stuff is principally a
cost savings measure.
Ms. Black asked if the Commission is in favor of going forward with a pre-look on how
it functions presently and how the Commission could work with a staff person in
place? The Commission indicated consent. Chair Welch said that the committee needs
to look at this idea again and needs to schedule another meeting. He also commented
that a February 2008 start date for the Administrator is overly ambitious.
E. Counsel: No communications.
Engineer: Mr. Kremer said the Commission received a letter from Watershed Partners and asked
if the Commission wants Ms. Herbert to forward that information to the Education Committee for
its recommendation to the Commission. Chair Welch directed Ms. Herbert to send the
information to Ms. Langsdorf.
Ms. Black moved to open the public hearing on the channel restoration of the upper reach of the
Sweeney Lake Branch of Bassett Creek. Ms. Loomis seconded the motion. The motion carried
unanimously [City of Minnetonka and City of New Hope were absent from the vote]. Chair Welch
opened the public hearing.
Mr. Kremer pointed out that the meeting packet included the feasibility report on the project. He
said the report was done by WSB and Associates for the City of Golden Valley. Mr. Kremer added
the proposed restoration is for the upper 1,000 feet of the Sweeney Lake Branch of Bassett Creek.
He said the problem of that reach is that a lot of erosion is occurring and the creek is meandering
back and forth in the flood plain causing sediment to be deposited in downstream ponds. He said
the proposal is to reshape the channel, rip rap at certain locations such as at the outside of bends,
to install four rock veins to reduce the slope of the channel to decrease channel velocity, to remove
accumulated sediment in the channel and areas downstream, and, finally, to revegetate the
channel and the areas in the flood plain that have been disturbed. Mr. Kremer said the estimated
cost of the project is $497,840.
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BCWMC November 14, 2007 Meeting Minutes
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Chair Welch commented that the feasibility report contains two project options that have two
different total project costs. He said one option is more of a hybrid and the other option is more
rip rap heavy.
Ms. Loomis stated that the BCWMC is doing a TMDL on Sweeney Lake downstream. She said
she assnmed that this particular branch will have a load assigned to it. Ms. Loomis asked what the
channel project will do to the load allocation and asked if the BCWMC is too far ahead of the
game with this Sweeney Branch channel restoration project. Ms. Loomis also asked what the role
is of MnlDOT in the channel restoration project because the channel reach is a drainage area for
Highway 394. Ms. Loomis asked if MnlDOT is going to participate in this project.
Mr. Kremer said it is highly unlikely that a load would be assigned to this channel reach as a result
of the Sweeney Lake TMDL. He said the sediment from this reach is being settled in the ponding
areas between the reach and Sweeney Lake. He said some of the phosphorus would travel down to
Sweeney Lake but in comparison to the loadings occurring from other parts of the watershed, the
load from this reach would be very small. He said the TMDL will not be so detailed that it could
determine a load from this particular reach of Bassett Creek. He said there will be a minor
decrease in the sediment loading of Sweeney Lake due to this channel restoration project but the
decrease will be very minor.
Mr. Kremer said at the upstream end of this reach there is an outlet pipe that serves to drain a
very long reach of Highway 394 so there is a very significant contribution of runoff from Highway
394 to this particular reach of the channel. He said that at this point there isn't a proposal to have
MnlDOT contribute to this project. Mr. Kremer explained that the Sweeney Lake TMDL will
show what the total phosphorus load is from the various MS4s. He remarked that when the
BCWMC develops the implementation plan for the Sweeney Lake TMDL, the BCWMC will
target features where a significant load reduction can be achieved. He said the point behind
determining who is responsible for what loads is to determine whether to ask other MS4s to
contribute to the cost of implementing the features selected as part of the TMDL. Mr. Kremer said
the load from the Sweeney Lake Branch channel is so small in comparison to the total load that he
doesn't think it is worth at this point asking MnlDOT to contribute to the project.
Chair Welch asked if the relevant MS4s get credit for whatever reduction this channel restoration
project achieves, however minor. He also asked what is the potential that this channel restoration
project will solve MnlDOT's load contribution to Sweeney Lake and therefore take MnlDOT out
of the picture for the Sweeney Lake load allocations.
Mr. Kremer said the features an MS4 typically installs to mitigate the potential impacts of water
quality for highways or streets reduce the loadings much more significantly than repairing the
reach of this channel.
Mr. LeFevere remarked that the feasibility report has water quality elements to it. He said the
BCWMC will be called upon to order a project. He said the proposed action would be for the
Commission to adopt a resolution ordering a project and then to enter into a contract with the
city. Mr. LeFevere said the project needs to be dermed and the Commission needs to specify option
A or option B as listed in the feasibility project and needs to address the dredging of the duck pond
also as discussed as an option in the feasibility report.
Mr. Kremer said the recommended option is 2, which is the hybrid option and includes the
excavation of Duck Pond.
Ms. Clancy said the pond that is recommended being dredged is because the sedimentation in the
pond is due to the erosion of the streambank so there is a direct correleation.
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BCWMC November 14, 2007 Meeting Minutes
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[01
Mr. Oliver said the recommendation on page 10 of the feasibility report clearly caUs for the hybrid
option, option 2.
Ms. Asleson commented that she would be happy to help with any permitting issues with this
project since it is tributary to an impaired water.
Chair Welch caUed for additional comments [no more comments were offered.] Ms. Black moved
to close the public hearing. Ms. Peterson seconded the motion. The motion carried nnanimously
[City of Minnetonka and City of New Hope were absent from the vote].
A. Resolution Ordering Sweeney Branch Channel Improvements and Cooperative
Agreement. Ms. Black moved to approved the resolution 07-12 A Resolution Ordering 2007
Improvement and Designating Member Responsible for Construction with additional language
specifying the option 2 as recommended in the feasibility report. Ms. Langsdorf seconded the
motion. The motion carried unanimously [City of Minnetonka and City of New Hope were absent
from the vote]. Chair Welch asked if the Commission needs a separate motion to approve the
cooperative agreement for the project. Mr. LeFevere responded that the approved Resolution 07-
12 authorizes the cooperative agreement.
B. 1334 Spring Valley Road: Golden Valley. Mr. Kremer said this project is a proposed shoreline
restoration along Sweeney Lake. He said it is in front of the Commission because it is work in a
tloodplain above Sweeney Lake and the work would be below the flood level. He said the project
plans to restore 170 feet of shoreline, remove an existing timberwall and replace it with a
combination of rock and native vegetation. Ms. Black moved to approve the project. Ms. Loomis
seconded the motion. The motion carried unanimously [City of Minnetonka and City of New Hope
were absent from the vote].
C. Waterford Office Development: Phase 2: Plymouth. Mr. Kremer explained that right now in
the existing Waterford Park Plaza there are two existing buildings that were built in 1987. He said
that as part of that project a large water quality treatment pond was buUt. Mr. Kremer stated that
the project proposal is to build two additional office buildings on the land just northwest of the
existing buildings. He said that in order to build part of a parking lot they are encroaching flood
plain level and there will be some wetland disturbed. Mr. Kremer said the project proposes to
replace that wetland loss with wetlands adjacent to the hill. He said there will also be other
wetlands being disturbed, which will be mitigated with a wetland adjacent to the creek. Mr.
Kremer reported that the compensating volume storage they are providing is more than what they
are filling, which meets the Commission's requirements. He said the volume does not include the
compensation storage volume added with the reconstruction of the wetland. He said the
Commission Engineer had four recommendations regarding this plan in the Engineer's Memo but
said the developer has submitted revised plans since then that meet aU the Engineer's
recommendations. Mr. Kremer said the Commission Engineer's recommendation is approval of
the project.
Ms. Loomis moved to approve the project. Ms. Langsdorf seconded the motion. The motion
carried unanimously [City of Minnetonka and City of New Hope were absent from the vote].
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BCWMC November 14, 2007 Meeting Minutes
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10l
A. Medicine Lake TMDL Work Plan. Mr. Kremer stated that the memo from Barr Engineering
included in the meeting packet [memo dated November 8, 2007) addresses the four questions
about the Medicine Lake TMDL Work Plan asked by Commissioner Black at the October
BCWMC meeting. He said he shared this memo with John Barten, Three Rivers Park District,
who bad another meeting today and couldn't be here at the Commission meeting. Mr. Kremer
said Mr. Barten commented that he would propose that workplan be changed so that the
stakeholder participation process include only one group that would include both the technical
and nontechnical groups. Mr. Kremer said the current workplan splits the stakeholders into the
technical and nontechnical groups.
Chair Welch asked if there will be a revised scope put together in time for the December meeting
and if that will give the Commission enough time to getthe workplan to the Minnesota Pollution
Control Agency (MPCA) in time for their deadlines. Mr. Kremer said yes, the revised scope will be
put together and will be ready for Commission review at its December meeting.
Ms. Black said she had questions about the P-8 model. She said the workplan proposes to update
the p-8 model from a DOS program to a Windows program. Mr. Kremer explained that more
importantly the new version of the model has much more capacity to evaluate BMPs (Best
Management Practices) than the old model. He said because of the limitations of the model at the
time of the original model, the watershed was modeled in three different pieces. Mr. Kremer said
it will be more important now to model the BMPs separately rather than in aggregate. He said one
of the things done when there is a limitation on the size of the model is that some of the BMPs are
aggregated. Mr. Kremer said now with the additional capacity of the model, that aggregation
doesn't need to be done. He said that with the Commission's desire to evaluate loads from
individual MS4s, the MS4s will want to know that the model has acknowledged the capability of
existing BMPs.
Ms. Black said she understands that the data from the old model needs to be re-entered by hand
into the new model. She said the original model used data from the years 2001- 2004 and the
workplan proposes to use that data and add the data from 200S, 2006, and 2007. Ms. Black asked
how much will be entered into the model, since the data entry is a time issue, and how much data
is needed to provide and accurate calibration of the model to get the kind of information the
Commission needs.
Ms. Black said she understands the new model can model up to 250 subwatersheds and 75 BMPs.
Ms. Black said there are 150 storm water ponds in the Plymouth Creek subwatershed. She asked if
the workplan proposes to use the new model to do the whole Medicine Lake or if the model will
have to be broken into different components.
Chair Welch said he is concerned about not having all the partners in this TMDL on board with
the workplan and wondered if the Commission has the time to revise the workplan to get the plan
to that place where all the partners are on board.
Ms. Asleson said the MPCA has this project as a December 1st deadline for receiving the workplan
but a one-month delay is not a problem. She said they do want to make sure that the funds
dedicated for a fiscal year are spent in that fiscal year. She said the work plans for projects funded
with 319 money do need to be reviewed and approved by the Environmental Protection Agency
[Ms. Asleson later clarified that the work plans for projects funded by the Clean Water Legacy
Act only need to be reviewed and approved by the Minnesota Pollution Control Agency]. She said
#248537 vI
BCWMC November 14, 2007 Meeting Minutes
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I~
once the contract is approved, an amendment can be f"Iled for changes. She said as long as the
project is not going over budget, changes to the workplan are a possibility.
Mr. Kremer said the workplan as it is described is the broadest project the Commission could
have and that it would be very unlikely that the Commission would ask for a broader scope. He
said the question is can the Commission back down from the current scope and reduce the total
cost. Mr. Kremer said that as he stated in the Barr memo about the workplan [November 8, 2007
memo], if the Commission is going to be assigning loads per MS4, a revised model would be a
better tool than the existing model.
Ms. Asleson said the MPCA is recommending an actual waste load allocation be determined for
each MS4, such as cities and MnlDOT, because then that number can be put into the stormwater
permit.
Mr. Moberg said that for the TMDL for Medicine Lake there are seven political entities that are
MS4s. He said there will be a great deal of scrutiny brought into the modeling that is done. He
commented that the more transparent the Commission will be able to be about the modeling, the
better off the Commission will be. Mr. Moberg also brought up the fact that the Three Rivers
Park District could be considered an MS4, which brings up his concern about the degree of
transparency the Three Rivers Park District brings to the table.
Ms. Black asked if there would be a contract between the Commission and Barr Engineering if
Barr does the work for the Medicine Lake TMDL. Ms. Clancy asked if the City of Plymouth is
managing the contract with the MPCA or if the Commission would be managing the contract.
Chair Welch said his understanding is that it would be just like the Sweeney Lake TMDL process
where the Commission manages the contract.
Chair Welch said the letter of response from the Three Rivers Park District to the Commission's
request that the TRPD lead the public stakeholder process states that it would participate in the
TMDL by leading the stakeholder process but that it reserves a position at the table as a
stakeholder as well.
Mr. Kremer said in response to Commissioner Black's question about the degree of calibration
necessary for the model, he thinks the model will be scrutinized very carefully by MnlDOT. Ms.
Black asked how much data would need to be used. Mr. Kremer said .the people at Barr who work
with the models say that all the data should be used. Chair Welch said that in his mind the worst
case scenario is that the Medicine Lake TMDL is done and the EP A says its not good enough. Ms.
Asleson said the MPCA is willing to review and comment on plan regarding what is or is not
necessary in the plan.
Ms. Peterson asked if the MPCA could do a preliminary review of the plan. Ms. Asleson said yes.
Ms. Clancy reminded the Commission that the Sweeney Lake TMDL workplan went through
about six iterations and that the process of developing a TMDL work plan includes a lot of review
and give and take.
Mr. LeFevere said the calibration of the model seems to be a fairly large issue in the Commission's
discussion. He said a lay explanation of the model is that you start with a model and then it is
supposed to predict reality. He stated that the model is imperfect, but every time the model gets
real numbers it is a better model for the actual real-world situation. Mr. LeFevere explained that
the only reason not to use all the data available is cost because the more you calibrate the model
the better it gets. Mr. LeFevere said that at some point there is probably a point of diminishing
returns and so tbe question is at wbat point is the model good enough. He asked if the workplan
#248537 vI
BCWMC November 14, 2007 Meeting Minutes
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/ut
allows for an ongoing evaluation ofthat question since it can't be answered today. Mr. LeFevere
asked if the process can be set up so the model can be evaluated as an ongoing process.
Chair Welch remarked in response to Commissioner Black's earlier question about whether the
Commission would have a contract with Barr that no. He said there would be one contract
between the Commission and the MPCA for a scope of work allocated to entities. He said if the
Commission has TMDL Engineering costs it would have to go through the Commission's budget.
He said the Commission could bid out the project in order to get the best price for the work.
Ms. Black recommended that the Commission forward the workplan and that perhaps comments
from the MPCA technical staff can help straighten out the calibration issue. She also
recommended that the Commission remove the Three Rivers Park District from leading the
stakeholder process and insert language into the workplan that says ''to be determined" for the
consultants.
Mr. Kremer said he can revise the workplan based on today's comments and resubmit the plan to
the MPCA for their comments. He said the Commission can consider the MPCA's comments at
the December meeting. He said he will modify the two stakeholder groups into one group and
remove the references in the plan to the Three Rivers Park District and Barr Engineering so the
Commission can determine who will do the work at a later date.
Chair Welch made a motion to the effect of Mr. Kremer' latest comments. Ms. Loomis seconded
the motion. Chair Welch asked to add a direction to staff to notify the Three Rivers Park District
about the Commission's course of action. Ms. Loomis accepted the addition to the motion. The
motion carried unanimously [City of Minnetonka and City of New Hope were absent from the
vote].
B. BCWMC Education Committee.
i. Authorization for funds up to $1,200 for second exhibit. Chair Welch moved
to approve the authorization of the funds up to $1,200 for the exhibit. Ms.
Black seconded the motion. The motion carried unanimously [City of
Minnetonka and City of New Hope were absent from the vote].
ii. Authorization of $1,000 grant for joint raingarden workshop with
MetroBlooms. Ms. Loomis moved to approve the $1,000 grant to
MetroBlooms for the joint raingarden workshop. Ms. Black seconded the
motion. The motion carried unanimously [City of Minnetonka and City of
New Hope were absent from the vote].
iii. Grant Criteria Revisions. Deferred to future meeting.
iv. Additional Funds for the Joint Survey. Ms. Langsdorf said the request is for
an additional $875 for the joint survey by Decision Resources because the
survey questions increased in number from 50 questions to 66. Ms.
Langsdorf said even with the increase the cost of the survey is still less than
the amount the Commission approved to spend on the survey. Ms. Peterson
moved to approve the additional $875 for the joint survey. Ms. Loomis
seconded the motion. The motion carried unanimously [City of Minnetonka
and City of New Hope were absentfrom the vote].
C. Request for Final Reimbursement by City of New Hope - St. Joseph's Regional Pond
#248537 vI
BCWMC November 14,2007 Meeting Minutes
page9,fl
(2005 Northwood Lake Project). Ms. Loomis moved to approve the reimbursement. Ms. Black
seconded the motion. The motion carried unanimously [City of Minnetonka and City of New Hope
were absent from the vote].
D. TAC Recommendations
i. Letter to City of Minnetonka regarding its Nondegradation and Storm
Water Pollution Prevention Plan. Ms Loomis moved to send the letter with
the comments in the TAC memo to the City of Minnetonka. Ms. Black
seconded the motion. The motion carried unanimously [City of Minnetonka
and City of New Hope were absent from the vote].
ii. Proposed work plan for revising BCWMC's Requirements for Improvements
and Development Proposals. Deferred to December meeting.
iii. Medicine Lake Dredging as Potential CIP Project. Deferred to December
meeting.
Ms. Black moved to adjourn the meeting. Ms. Loomis seconded the motion. The meeting adjourned at
2:20 p.m.
Michael Welch, Chair
Date
Amy Herbert, Recorder
Date
Pauline Langsdorf, Secretary Date
#248537 vI
BCWMC November 14, 2007 Meeting Minutes
Page 10
"
Joint Meeting of the
Golden Valley Planning Commission, Environmental Commission and Open
Space and Recreation Commission
December 17, 2007
A joint meeting of the Planning Commission, Environmental C.ommission and Open
Space and Recreation Commission was held at the Golden Valley City Hall, Council
Conference Room, 7800 GoldenValley Road, Golden Valley, Minnesota, on Monday,
December 17, 2007 Planning Intern Joe Hogeboom called the meeting to order at 6 pm.
Those present were, Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser, Environmental Commissioners, Anderson, Baker, Chand lee
and Pawluk, Open Space and Recreation Commissioners Johnson, Kuebelbeck and
McConico. Also present was Director of Parks & Recreation Rick Jacobson, Director of
Planning and Development Mark Grimes, Director of Public Works Jeannine Clancy,
Environmental Coordinator AI Lundstrom, Public Works Specialist Eric Eckman, Barr
Engineering Consultants Karen Chandler and Tim Brown, Planning Intern Joe Hogeboom
and Administrative Assistant Lisa Wittman
1. Presentation/Discussion of the Comprehensive Plan Update - Surface Water
Element
Chandler stated that a new Surface Water Management Plan is being written as a part of
the Comprehensive Plan Update. This new Plan must meet the requirements of the State
of Minnesota National Pollution Discharge and Elimination System (NPDES) MS4 Permit,
the Metropolitan Council, the Minnehaha Creek Watershed District and the Bassett Creek
Water Management Commission.
She explained that the new plan will provide the following benefits: prevent future
problems, communicate city program and issues, provide an information resource for
staff, residents and regulators, water planning for development and re-development and
programmatic planning and budgeting.
Brown referred to the NPDES MS4 permit which is a permit that the City has to receive in
order to discharge water. He discussed the Golden Valley Surface Water Pollution
Protection Plan (SWPPP) tasks including: public education and outreach, public
participation, illicit discharge detection and elimination, construction site runoff control,
post construction stormwater management and pollution prevention/housekeeping.
Brown referred to a map of impaired waters which included: Bassett Creek, Sweeney
Lake, Wirth Lake, Medicine Lake, Lake Hiawatha and Lake Pepin. Schmidgall asked why
Bassett Creek is considered impaired. Brown explained that the waters listed on the
impaired list are due to bacteria, sediment, phosphorus and mercury among other things.
Brown then discussed how the City's stormwater is affected by lakes outside of Golden
Valley.
107
Minutes of the Golden Valley Planning Commission/Environmental Commission/Open
Space and Recreation Commission
December 17, 2007
Page 2
Brown discussed the various watershed management organizations and stated that the
Bassett Creek Water Management Commission is responsible for flood control, lake
water quality, stream channel stabilization, wetland protection, erosion control,
groundwater protection and water resources education.
Brown explained that the Metropolitan Council issues are: reduction of stormwater
volume, improving stormwater quality, maximize infiltration, thermal pollution, wetland
management, nondegradation goals and water quality goals. He added that Golden
Valley's issues for the new Plan are updating the city-wide hydrologic modeling, inter-
community drainage, interagency cooperation, wetland inventory and buffers, developing
a stormwater ordinance, Bassett Creek stream bank erosion, redevelopment, the
1-394 Corridor Study, flood protection of homes/land acquisition in flood prone areas,
Decola Ponds flooding, stormwater pond upgrades and sediment removal, private
stormwater facility maintenance, stormwater system maintenance programming, public
ditch maintenance/disposition and public education.
Brown discussed the goals and policies section of the proposed new plan. The first goal
he discussed was water quality. The policies related to water quality are: managing the
water resources to benefit the community, improve the quality of Bassett Creek and City
lakes, protect and enhance fish and wildlife habitat, meet the current and future pollutant
load reductions required by the state or watersheds and manage City lakes toward
Bassett Creek Watershed Management Commission and Minnesota Pollution Control
Agency goals/criteria.
The next goal Brown discussed was water quality of storm runoff. The policies for this
goal are: improving the quality of stormwater runoff, maintain efficiency of stormwater
ponds and meet or exceed all applicable regulations.
Kluchka asked Brown to highlight the things that have changed from the existing
Comprehensive Plan to this proposed updated plan. Brown explained that most of the
proposed plan is new and includes things that the City is currently doing but hasn't been
formally written into the plan.
The next goal Brown discussed was illicit discharge detection and elimination. The
policies for this goal are to eliminate illicit discharge to storm sewers and receiving waters.
Waldhauser asked if sump pumps contribute to illicit discharge. Chandler said no.
Brown referred to the next goal which focuses on streams. The policies relevant to for this
goal are to: maintain or enhance the natural beauty and wildlife habitat value of Bassett
Creek, implement stream restoration measures, minimize the volume of storm runoff
entering Bassett Creek, increase the groundwater base flow of Bassett Creek, reduce the
frequency of bank full runoff events in Bassett Creek and maintain the efficiency of ponds.
Eck asked if geese affect bacteria levels. Lundstrom said yes and explained that there are
many best management practices to address that issue.
[fM
Minutes of the Golden Valley Planning Commission/Environmental Commission/Open
Space and Recreation Commission
December 17, 2007
Page 3
Kluchka asked what "bank full" means. Brown explained that "bank full" is when the creek
is up to its bank edge which happens approximately every 2 to 4 years. Kluchka asked if
there is a policy related to the "bank full" issue. Brown said the policy related to "bank full"
is to reduce impervious surfaces.
The next goal Brown discussed was flood control. The policies for this goal are to reduce
flooding along Bassett Creek, protect the public from flooding and regulate stormwater
runoff to minimize flood problems, damages and future costs.
Brown explained that erosion and sediment control is the next goal and the policies for
that goal are: preventing erosion and sedimentation, implementing soil protection and
sedimentation controls and reducing erosion from single family home construction and
landscaping sites. Kluchka asked about the specific policies to protect the public from
flooding. Brown explained that protecting the public mostly means flood prevention and
purchasing homes in flood prone areas. Kluchka asked if the word "prevent" would be
better than the word "protect". Clancy explained that the word "protect" is very frequently
used because the City can't necessarily prevent a flood event, but it can protect property
owners to a certain degree.
Brown discussed the next goals of protecting and restoring wetlands and natural areas,
improving the quality of Bassett Creek and City lakes to enhance the aesthetics and
recreation opportunities in Golden Valley and protect the quantity and quality of
groundwater resources.
The last goals Brown discussed were funding to implement measures and policies
contained in the plan and education and public involvement in water resource related
issues.
Brown discussed the implementation of the goals and policies and referred to two tables
that showed cost estimates, potential funding sources and proposed year(s) of
implementation. He explained that many of the items listed in the tables are already
scheduled in the City's Capital Improvement Program (CIP).
Eck asked how many of the items require new money. Brown stated that most of the "big
ticket" items listed on the tables were taken right from the CIP. Clancy added that Bassett
Creek Water Management Commission has approved some of the items and that some of
the other items are covered by the city utility funds and pavement management funds.
Eck asked how the Bassett Creek Water Management Commission gets their money.
Clancy explained that there is an Ad Valorem tax that taxpayers in the Bassett Creek
Water Management Watershed pay.
Brown discussed the items that will be addressed in the stormwater management
ordinances including: design requirements, rate and volume controls, codifying the
stormwater design requirements of the Bassett Creek Water Management Commission,
Met Council and the City's NPDES permit and the City's own policies, outlining the
process and roles of other agencies, addressing illicit discharges and new connectiOi lR
Minutes of the Golden Valley Planning Commission/Environmental Commission/Open
Space and Recreation Commission
December 17, 2007
Page 4
Brown discussed the buffer ordinance that will cover wetlands, lakes and streams.
Kluchka asked for an explanation of a buffer zone. Brown stated that a buffer zone is a
zone along a water body that is left to be natural. He explained that buffer zones have
ecological benefits, filter run-off, promote infiltration and help to control geese.
Brown discussed the next steps in the process including the Comprehensive Plan Open
House in Spring 2008, submission to Watersheds in Spring of 2008, approval by
Watersheds in Summer of 2008 and City Council adoption in December 2008.
McConico asked what would happen if a community could not afford to achieve the goals
they set and couldn't get a NPDES permit. Lundstrom stated that there is an
environmental advocacy group that police these issues and there could be the potential
for lawsuits. Brown added that the State could also levy fines and cut aid.
Chandlee referred to the impaired water list and asked if any waters could come off that
list at some point. Brown said yes and explained how Lake of the Isles came off the
impaired waters list.
Grimes referred to Twin Lake and Sweeney Lake and asked if they are considered one
water body. Clancy said they are not considered one water body. Chandler explained that
Twin Lake and Sweeney Lank have the same DNR identification number but they operate
very differently.
Kluchka asked about the cons in forcing people who have waterfront property to improve
the water quality. Clancy said there are property rights issues and there could be
resistance to the proposed regulations.
2. Adjournment
The meeting was adjourned at 7:20 pm.
If 0
'Vall ey
e orandum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. E. 1. Purchase of Sewer Televising Equipment
Prepared By
Jeannine Clancy, Director of Public Works
Bert Tracy, Public Works Maintenance Manager
Summary
The 2007 Capital Improvement Program (Water and Sewer Utility Fund) included $190,000
for one new sewer televising truck and equipment. The E450 cutaway cab and chassis was
approved for purchase at the December 18, 2007 City Council meeting for the total cost of
$27,883.83. The remaining balance of $162,116.17 was carried over to 2008 to purchase the
televising equipment. Staff utilizes this equipment for sanitary sewer and storm sewer
mainline televising inspection activities.
The Houston-Galveston Area Council (HGAC) is a regional council of governments which
assists state and local governments throughout the country in purchasing vehicles,
equipment and services. Purchasing through this consortium allows its member agencies to
purchase specific equipment that has been awarded through a competitive bid process. As a
result, city staff does not have to write technical specifications on very complex pieces of
equipment that may require the assistance of a consultant to prepare. It is very similar to the
State of Minnesota Department of Administration bid services, but appears to be broader
based and has members from about 24 states. The City Attorney's office has reviewed the
HGAC cooperative purchasing program and has declared that the City is authorized to make
purchases through this consortium pursuant to Minnesota Statutes 471.345.
The HGAC awarded Contract No. 75313 to Aries Industries, Inc. for the type of televising
equipment that the City would like to purchase. The bid is as follows:
New 2008 Aries Televising Equipment
Trade In for 1989 Televising Truck and Equipment
Sales Tax
Total Purchase Price
$136,563.00
$ 5,000.00
$ 8,551.60
$140,114.60
Attachments
Interlocal Contract For Cooperative Purchasing (2 pages)
Contract Pricing Workshop (1 page)
III
Recommended Action
1. Motion to authorize the City Manager to sign the Interlocal Contract for Cooperative
Purchasing.
2. Motion to approve purchase of new sewer televising equipment from Aries Industries, Inc.
in the amount of $140,114.60.
)Il
Hey
Me orandum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. E. 2. Purchase of Four Trucks
Prepared By
Jeannine Clancy, Director of Public Works
8ert Tracy, Public Works Maintenance Manager
Summary
Pursuant to the 2008 Capital Improvement Program (CIP) and to meet the operational needs
of the City, staff recommends purchase of the following vehicles:
1. One new Ford F2504X4 pickup truck. Please reference page #31 of the CIP. The budget
amount is $25,000. This pickup truck is mainly used by the Street Maintenance
Supervisor, but it is also utilized for street maintenance operations. The State of
Minnesota Materials Management Division awarded Group 38 Contract No. 436604 to Elk
River Ford-Dodge-Jeep for this size and type of truck. The City's cost to purchase this
vehicle is $21,568.14, including sales tax.
2. One new Ford Diesel engine F550 4X4 cab and chassis. Please reference page #131 of
the CIP. The budget amount is $71,000. This vehicle will be fitted with a utility box, large
hoist for pulling storm sewer and sanitary sewer pumps for service, hauling the water
main break safety repair box, towing the standby generator. The truck will also be outfitted
with a plow and typically assigned to the civic center complex, fire stations and cul-de-
sacs. The utility box, hoist and plow will be submitted to Council for consideration at a
later date. The State of Minnesota Materials Management Division awarded Contract No.
28F 436975 to Elk River Ford-Dodge-Jeep for this vehicle. The City's cost to purchase
this vehicle is $35,614.65, including sales tax.
3. One new Ford F3504X4 pickup truck. Please reference page #132 of the CIP. The
budget amount is $36,000. This vehicle will be fitted with a utility box and small hoist for
pulling sanitary sewer pumps for service. It supports a variety of daily maintenance
functions in the water and sewer divisions. The State of Minnesota Materials Management
Division awarded Group 48 Contract No. 436604 to Elk River Ford-Dodge-Jeep for this
vehicle. The City's cost to purchase this vehicle is $21,768.36, including sales tax.
lB
4. One new Ford F 250 4X4 supercab pickup truck. Please reference page #131 of the CIP.
The budget amount is $25,000. Staff uses this vehicle on a daily basis to respond to
Gopher State One Call requests. The State of Minnesota Materials Management Division
awarded Contract No. 436604-3D to Elk River Ford-Dodge-Jeep for this vehicle. The
City's cost to purchase this vehicle is $23,437.21, including sales tax.
Recommended Action
Motion to approve purchase of four trucks from Elk River Ford-Dodge-Jeep for the amounts
listed:
1. One new 2008 Ford F 250 Pickup Truck in the amount of $21 ,568.14.
2. One new 2008 Ford Diesel Engine F550 Cab and Chassis truck in the amount of
$35,614.65.
3. One new 2008 Ford F 350 4X4 Pickup Truck in the amount of $21 ,768.36.
4. One new 2008 Ford F 250 4X4 Supercab Pickup Truck in the amount of $23,437.21.
JI~
'~
Valley
randum
Public Works
763-593-8030 , 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. E. 3. Purchase of One New 16 Foot Rotary Mower
Prepared By
Jeannine Clancy, Director of Public Works
Bert Tracy, Public Works Maintenance Manager
Summary
The 2008 Capital Improvement Program (please reference page 31) includes $87,000 for one
new 2008 Toro Groundsmaster 580-0 16 foot rotary mower. This piece of equipment will be
utilized throughout the City's park system for mowing turf.
The Minnesota Materials Management Division awarded Contract No. 436963 to MTI
Distributing for this type of turf mower. The City's cost to purchase the mower is as follows:
New 20085800 Toro Groundsmaster
Trade - In 1999 Groundsmaster
Tax
Purchase Price to City
$80,675.00
$12,000.00
$ 4,463.88
$73,138.88
Recommended Action
Motion to approve the purchase of one new 2008 Toro Groundsmaster 580-016 foot rotary
mower and to trade in the City's 1999 T oro Groundsmaster 580-0 16 foot rotary mower for a
total purchase price, including Minnesota sales tax, in the amount of $73,138.88.
Iff
ft!!!~@!fY
INTERLOCAL CONTRACT
FOR COOPERATIVE PURCHASING
ILC
No.:
Permanent Number assigned by H-GAC
THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas lnterlocal Cooperation Act, Chapter
791, Texas Government Code (the "Act"), by and between the Houston-Galveston Area Council, hereinafter referred to as "H-GAC,"
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and *
, a local government, a state agency, or a non-profit corporation
created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its
principal place of business at *
WITNESSETH
WHEREAS, H-GAC is a regional planning commission and political subdivision ofthe State of Texas operating under Chapter 391,
Texas Local Government Code; and
WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and
services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with
eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on
* (Date), and that it desires to contract with H-GAC on the terms set forth below;
NOW, THEREFORE, H-GAC and the End User do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the
following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the
State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as
defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created
and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and
ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any
and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began * and
ends * . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H-
GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-
GAC Cooperative Purchasing Program. End User will access the Program through HGACBUV.or$! and by submission of any duly
executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases
hereunder shall be in accordance with (1) Texas statutes and procedures governing competitive bids and competitive proposals, (2) in
accordance with specifications and contract terms established by H-GAC, and (3) at published prices listed on H-GAC's web site.
Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User.
(over)
II~
ARTICLE 6: PAYMENTS
H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC's
contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying
party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H-
GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alternations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or
regulation.
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing
Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to
this Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this
Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until
performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not
affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of
any obligation or duty placed on such party by reason of or through strikes, stoppage oflabor, riot, fire, flood, acts of war, insurrection,
accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or
nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform
is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination offorce majeure shall
rest solely with H-GAC.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS:
*
Houston-Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX 77027
Name of End User (local government. agency. or non-profit corporation)
*
By:
Mailing Address
*
Executive Director
City
State
ZIP Code
Date:
*By:
Signature of chief elected or appointed official
Attest:
Manager
*
Date:
Typed Name & Title of Signatory
Date
* Denotes required fields
rev. 7/07
117
IfGIlCIJuy
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CONTRACT PRICING WORKSHEET
For Standard Equipment Purchases
Contract
No.:
SCOI-08
Date
Prepared:
12/15/2007
Buying \City of Golden Valley, MN Cootrador: IAries industries, inc.
ney:
Contact \Jeannine Clancy Prepared lMike Burczyk
Person: B:
Phone: \763-593-8035 phone: \800-234-7205 xl231
Fax: F63-593-3988 Fas: \262-896-7099
\iClancv@Ci,aolden-val1ev.mn.us Emaa: \ Mike,Burczvk@arieSindustries,corg
iHi-cube Vau Installation "2.02.51 Hi-Cube Mounted Inspection System", including: aluminum hi-cube
lbodY; basic bi-cube interior carpentry and outfitting; 6kW on-board generator; PE2610 LED pan and
itilt camera; rack-mounted power Control Unit (PCU); VD-IOOO data display system with IS" LCD rac
Description: \ mounted monitor; VHS rack-mounted VCR; 070220 reel with drop-down cable guide, footage head, and
i 1000' of multi-conductor cable; TR2000 "Taurus" tread drive tractor for 6"-24" lines; maintenance kit;
land doWnhole equipment.
: :.i'~~~t)t~!ii:~~i~:Y~~:f:r.\~~?:~r~~~tt~f~~:~~~~9t:~t~~::::.::::.:":.....:..:: .:.:.:.::.. .........:..::... ............ 75313
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Description Cost Description Cost
Sys
Produd
Code:
GOOI
Email:
2.02.51.H-I: Substitute Pipetech Scan Softwarefor Pipe
1379 Works Pro
.02.51.C-4: Delete File Cabinet
-73 2.02.51.H-l-b: Add Pipetech Scan Lateral Reporting Module
1486
.02.51.C-5: Add 1500W Wall Heater
2.02.51.K-2: Substitute OVDNCR Combo Unit for Standard
429 VCR
439 2.02.S1.M-9: Substitute TR3000 Badger for TR2000
529 2.02.51.M-13: Add Large Line Kit for TR3000 with 8" and
10" tires
864
924
2.02.51.0-2: Add Overhead Shelves Above Workbench
4231
2.02.51.0-5: Add Stacked Aluminum Shelving
2.02.51.0-6: Add 7-0rawer Tool Chest
486 2.02.5I.N-3-a: Add Lateral Inspection with LE2040 Launcher, \
Reel, and Controls i
44223
680
87430
2.02.51.0-7: Add Reel Mounted Hoist
.02.51.0.10: Add IS-gallon Washdown System and 25'
Retractable Hose
2921
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Description
Cost
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unitl
Price plus Published Options (A+B). j 0%
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Quantity Ordered: I X Subtotal of A + B + C: 162743 Subtotal D: i 162743
;:O:the~:Cbil~e);:.,;r..d~J1i$;:A.~~;:J)ls~'''i!:~;:Etc;:<::::::::<::::::::::::::::::::::::::::::::::::::::::<<:;::::::<:::::::::::::: ........... .... ..........................
Description Cost Description Cost
o
elivery charges
. count to City of Golden Valley, MN
Trade-in of existing system less camera and tractor
818
-26998
-5000
::::::::::::::::::>::<::<<))d.iYe.r.Y.:p.atei~ Chassis + 45-60 day :::::::::::::::::::::<:~;::(.o.tar:P:*r~~~~:P:i~~~:@E::):::
Public ~H~y
Memorandum
Fire Department
763-593-8055 I 763-512-2497 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. F. Authorization to Sign Consulting Agreement Amendment One with Center for Energy
and Environment Consulting for Housing Rehabilitation Program
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The Center for Energy and Environment (CEE) provided assistance in 2007 to Golden Valley
homeowners interested in home improvements. During 2007 CEE provided 29 on-site visits.
During these home visits CEE remodeling advisors meet with homeowners at their home for
1-2 hours, inspect the home, offer advice regarding remodeling or maintenance projects,
review contractor estimates, and answer any other questions the homeowners have
regarding their home and their projects. CEE additionally offers home improvement financing
to homeowners in Golden Valley.
The 2008 agreement remains as written in the original agreement except for the effective
date, January 1,2008 and continuing through December 31,2008. The 2008 budget includes
$25,000 for this program.
Attachment
Amendment One to the Consulting Agreement (1 page)
Recommended Action
Motion to authorize the Mayor and City Manager to sign Amendment One to the Consulting
Agreement with the Center for Energy and Environment.
IR
AMENDMENT ONE to the CONSULTING AGREEMENT
Between
CENTER FOR ENERGY A\lD ENVIRONMENT
And
CITY OF GOLDEN V ALLEY
(Golden Valley Rehabilitation Program)
The Agreement, made the 16th day of January, 200~', by and between the CITY OF GOLDEN
V ALLEY, with offices at 7800 Golden Valley Roac., Golden Valley, MN 55427 ("City"), and
the CENTER FOR ENERGY AND ENVIRONMENT, a 501 (c)(3) non-profit corporation, with
its offices at 212 3rd Avenue North, Suite 560, Minneapolis, Minnesota 55401 ("CEE") is hereby
amended.
Section 4. Term and Termination of the agreement ~hall read:
4.1
Unless earlier terminated as provided in the tollowing paragraphs, this Agreement shall
become effective on January 1, 2007 and continue through December 31, 2008.
All other sections of the contract shall remain as written in the original agreement.
IN WITNESS WHEREOF, the parties hereunder se: their hands as of the date written below:
CITY OF GOLDEN V ALLEY
By
Mayor
Date
Date
1- Z~ 2a?Y
By
TAX [0 41-1647799
City Manager
Date
T: '.Admin\Contracts\ACTlVE\CEE Flnandal Resources\Golden Valley\Golden Valley C6A Amen< 1 CEE 917,doc
1/2/2006
12D
Hey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. G. Affirming Golden Valley's Support of Active Living
Prepared By
Joe Hogeboom, Planner
Summary
Since 2006, the City has been involved as a pilot community in the Hennepin County Active
Living Program. As such, Golden Valley inventoried opportunities and constraints of active
living in the City.
Planning infrastructure that allows people to be active in daily activities provides a benefit to
the City. It encourages quality development while promoting citizen health. A resolution has
been drafted that affirms the Council's recognition of the importance of active living. The
resolution is modeled after Hennepin County's active living resolution, which took effect in
October of 2007.
Attachment
Resolution Affirming Golden Valley's Support of Active Living (2 pages)
Recommended Action
Motion to adopt Resolution Affirming Golden Valley's Support of Active Living.
I~
Resolution 08-4
January 22, 2008
Member
introduced the following resolution and moved its adoption:
RESOLUTION AFFIRMING SUPPORT FOR GOLDEN VALLEY ACTIVE LIVING
WHEREAS, physical inactivity and poor nutrition are leading causes contributing to
increasing rates of obesity and other chronic diseases, and adult obesity was declared an
epidemic in 2007 by the Director of the Centers for Disease Control and Prevention;
WHEREAS, health problems associated with physical inactivity and poor nutrition
affect Golden Valley residents and visitors through reduced quality of life and higher
medical costs;
WHEREAS, Golden Valley served as a pilot community for Active Living Hennepin
County;
WHEREAS, a 2007 Hennepin County assessment and survey on active living clearly
indicated a desire by both residents and City officials for increased opportunities and fewer
barriers to physical activity;
WHEREAS, active living is a way of life that integrates walking and biking into daily
routines;
WHEREAS, public rights-of-way that have been designed, constructed, and
maintained principally for automobiles have limited opportunities for walking and biking;
WHEREAS, increased pedestrian and bicycle activity will reduce vehicle emissions
and air pollution, which would decrease asthma attack rates and emergency room visits,
and promote environmental sustainability;
WHEREAS, residents of Golden Valley often face physical and perceptual barriers
that limit their ability and willingness to walk and bike to destinations within the city; and,
WHEREAS, the Hennepin County Board of Commissioners has unanimously
adopted a Resolution Affirming Support for Active Living;
NOW, THEREFORE, BE IT RESOLVED, that the Golden Valley City Council
supports the Active Living Golden Valley mission to "Plan environments that promote and
sustain active, healthy lifestyles;"
BE IT FURTHER RESOLVED, that the Golden Valley City Council supports the
Active Living Hennepin County principles:
a. Physical activity improves health and quality of life in our communities;
b. Places should be designed to provide everyone - regardless of age, gender,
language, ethnicity, economic status or ability - with a variety of opportunities for
safe, convenient, and affordable physical activity;
r>>
Resolution 08-4 - Continued
January 22,2008
c. Development patterns should encourage mixed uses, compact designs, and a
variety of transportation choices that link roads, transit, bicycling and walking;
d. Buildings should be designed to promote opportunities for active living and
transportation by providing visible stairs adjacent to public rooms, having a street
orientation with sidewalks, and including bicycle facilities and transit stops at the
main building entry;
e. Transportation systems, including transit and trails, should provide safe, convenient,
and affordable access to destinations such as housing, employment, schools, and
community services; and,
BE IT FURTHER RESOLVED, that the Council directs staff to incorporate Active Living
policies into physical infrastructure and programs and to identify funding resources to
support active living infrastructure priorities.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
)73
alley
Memoran urn
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. H. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski,
Radosevich, & Co., P.A. for 2007 Audit Services
Prepared By
Sue Virnig, Finance Director
Summary
For the audit of the 2007 Financial Statements, new required standards issued by the
American Institute of Certified Public Accountants are the Statement on Auditing Standards
Nos. 104 to 111, "Auditor's Assessment of Risk in a Financial Statement Audit" (SAS Suite)
will apply. This was pointed out in the 2006 Management Report. The proposal from Malloy,
Montague, Karnowski, Radosevich and Co for 2007 audit services is higher due to the
additional work in the initial year of the implementation of this suite. Staff recommends the
authorization for services with Malloy, Montague, Karnowski, Radosevich and Co for 2007
audit services for $38,300.
Attachments
Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (6 pages)
Peer Review (2 pages)
Recommended Action
Motion to authorize the City Manager to sign the Engagement Letter with Malloy, Montague,
Karnowski, Radosevich & Co., P.A. for 2007 audit services for an estimated fee of $38,300.
I'),~
M
KR
PRINCIPALS
Kenneth W Malloy, CPA
Thomas M. Montague, CPA
Thomas A. Karnowski, CPA
Paul A. Radosevich, CPA
William J. Lauer, CPA
James H. Eichten, CPA
Aaron J. Nielsen, CPA
Victoria 1. Holinka, CPA
CERTIFIED PUBLIC
ACCOUNTANTS
January 14, 2008
To the City Council of the City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Weare pleased to confirm our understanding of the services we are to provide the City of Golden Valley
(the City) for the year ended December 31,2007. We will audit the financial statements of governmental
activities, the business-type activities, each major fund, the aggregate remaining fund information, and the
budgetary comparison for the General Fund and major special revenue funds, which collectively comprise
the City's basic financial statements as of and for the year ended December 31, 2007.
Accounting standards generally accepted in the United States of America provide for certain required
supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany
the City's basic financial statements. As part of our engagement, we will apply certain limited procedures
to the City's RSI. These limited procedures will consist principally of inquires of management regarding
the methods of measurement and presentation, which management is responsible for affirming to us in its
representation letter. Unless we encounter problems with the presentation of the RSI or with procedures
relating to it, we will disclaim an opinion on it.
Supplementary information other than RSI, such as combining and individual fund financial statements,
also accompanies the City's basic financial statements. We will subject the supplementary information to
the auditing procedures applied in our audit of the basic financial statements and will provide an opinion
on it in relation to the basic fmancial statements.
The document will also include introductory information and statistical information which will not be
subjected to audit procedures applied in the audit of the basic financial statements, and for which our
auditor's report will disclaim an opinion.
We will perform the required State Legal Compliance Audit conducted in accordance with auditing
standards generally accepted in the United States of America and the provisions of the Legal Compliance
Audit Guide promulgated by the State Auditor pursuant to Minnesota Statute S 6.65, and will include such
tests of the accounting records and other procedures we consider necessary to enable us to conclude that,
for the items tested, the City has complied with the material terms and conditions of applicable legal
proVISiOns.
We will also prepare a management report for the City Council and administration. This report will
communicate such things as concerns regarding accounting procedures or policies brought to our
attention during our audit, along with recommendations for improvements. The report will also contain
certain financial comparisons and analysis, and a summary of legislative activity affecting Minnesota
cities.
Malloy, Montagu" Kunow,ki, Rado"vich & Co., P.A. In-
5353 Wayzata Boulevard · Suite 410 . Minneapolis, MN 55416 . Telephone: 952-545-0424 . Telefax: 952-545-0569 · www.mmkr.com
City of Golden Valley
January 14, 2008
Page 2
Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and
the U.S. Office of Management and Budget Circular A-133, which would only be required if the City
expended $500,000 or more in federal assistance funds during the year. If the City is required to have a
single audit of federal assistance funds, this engagement letter would need to be modified.
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial statements are
fairly presented, in all material respects, in conformity with accounting principles generally accepted in
the United States of America and to report on the fairness of the additional information referred to in the
first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit
will be conducted in accordance with auditing standards generally accepted in the United States of
America and the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; and will include tests of accounting records and other
procedures we consider necessary to enable us to express opinions and to render the required reports. If
our opinions on the basic financial statements are other than unqualified, we will fully discuss the reasons
with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have
not formed opinions we may decline to express opinions or to issue a report as a result of the engagement.
We will also provide a report (that does not include an opinion) on internal control related to the financial,
statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and
grants, noncompliance with which could have a material effect on the financial statements as required by
Government Auditing Standards. The report on internal control and compliance will include a statement
that the report is intended solely for the information and use of the audit committee, management, and
specific legislative or regulatory bodies and is not intended to be, and should not be, used by anyone other
than these specified parties. If, during our audit, we become aware that the City is subject to an audit
requirement that is not encompassed in the terms of this engagement, we will communicate to
management and those charged with governance that an audit in accordance with auditing standards
generally accepted in the United States of America and the standards for financial audits contained in
Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual
requirements.
Management Responsibilities
Management is responsible for establishing and maintammg internal control, including monitoring
ongoing activities; for the selection and application of accounting principles; and for the fair presentation
in the financial statements of the respective financial position of the governmental activities, the
business-type activities, the aggregate discretely presented component units, each major fund, and the
aggregate remaining fund information of the City and the respective changes in financial position and
cash flows, where applicable, in conformity with accounting principles generally accepted in the United
States of America. Management is responsible for the basic financial statements and all accompanying
information as well as all representations contained therein.
You are responsible for management decisions and functions. As part of the audit, we will prepare a draft
of your financial statements and related notes. In accordance with Government Auditing Standards, you
will be required to review and approve those financial statements prior to their issuance and have a
responsibility to be in position in fact and appearance to make an informed judgment on those financial
statements. Further, you are required to designate a qualified management-level individual to be
responsible and accountable for overseeing our services.
1)1,
City of Golden Valley
January 14,2008
Page 3
Management is responsible for making all financial records and related information available to us and
for the accuracy and completeness of that information. Management's responsibilities include adjusting
the financial statements to correct material misstatements and for confirming to us in the representation
letter that the effects of any uncorrected misstatements aggregated by us during the current engagement
and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the
financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect
fraud, and for informing us about all known or suspected fraud affecting the City involving
(1) management, (2) employees who have significant roles in internal control, and (3) others where the
fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include
informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received
in communications from employees, former employees, grantors, regulators, or others. In addition, you
are responsible for identifying and ensuring that the City complies with applicable laws, regulations,
contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts,
violations of contracts or grant agreements, or abuse that we may report.
Management is responsible for establishment and maintenance of a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying for us previous audits or
other engagements or studies related to the objectives discussed in the Audit Objectives section of this
letter. This responsibility includes relaying to us corrective actions taken to address significant findings
and recommendations resulting from those audits or other engagements or studies. You are also
responsible for providing management's views on our current findings, conclusions, and
recommendations, as well as your planned corrective actions, and the timing and format related thereto.
Audit Procedures - General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than
absolute assurance about whether the financial statements are free of material misstatement, whether from
(1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or
governmental regulations that are attributable to the City or to acts by management or employees acting
on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards
does not expect auditors to provide reasonable assurance of detecting abuse.
Because an audit is designed to provide reasonable, but not absolute assurance and because we will not
perform a detailed examination of all transactions, there is a risk that material misstatements or
noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect
immaterial misstatements or violations of laws or governmental regulations that do not have a direct and
material effect on the financial statements or major programs. However, we will inform you of any
material errors and any fraudulent financial reporting or misappropriation of assets that come to our
attention. We will also inform you of any violations of laws or governmental regulations that come to our
attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by
our audit and does not extend to any later periods for which we are not engaged as auditors.
111
City of Golden Valley
January 14, 2008
Page 4
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, creditors,
and financial institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will
also require certain written representations from you about the financial statements and related matters.
Audit Procedures - Internal Controls
Our audit will include obtaining an understanding of the City and its environment, including internal
control, sufficient to assess the risks of material misstatement of the financial statements and to design the
nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the
effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud
that are material to the financial statements and to preventing and detecting misstatements resulting from
illegal acts and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on
internal control and, accordingly, no opinion will be expressed in our report on internal control issued
pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies.
However, during the audit, we will communicate to management and those charged with governance
internal control related matters that are required to be communicated under professional standards and
Government Auditing Standards.
Audit Procedures - Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the
provisions applicable laws, regulations, contracts, agreements, and grants. However, the objective of our
audit will not be to provide an opinion on overall compliance and we will not express such an opinion in
our report on compliance issued pursuant to Government Auditing Standards.
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and will
locate any documents selected by us for testing.
The assistance to be supplied by your personnel, including the preparation of schedules and analysis of
accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for
testing, will be discussed and coordinated with you.
The audit documentation for this engagement is the property of Malloy, Montague, Karnowski,
Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to
authority given by law or regulation, we may be requested to make certain audit documentation available
to certain third parties for purposes of a quality review of the audit, to resolve audit findings, or to
carryout oversight responsibilities. We will notify you of any such request. If requested, access to such
audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon
request, we may provide copies of selected audit documentation to the aforementioned parties. These
parties may intend, or decide, to distribute the copies or information contained therein to others, including
other governmental agencies.
I2f
City of Golden Valley
January 14, 2008
Page 5
The audit documentation for this engagement will be retained for a minimum of five years after the report
release or for any additional period requested by the regulatory agency. If we are aware that a federal
awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the
party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
Our fees for these services will be based on the actual time spent at our standard hourly rates. We will
also bill you for travel and other out-of-pocket costs such as report production, typing, and postage. Our
standard hourly rates vary according to the degree of responsibility involved and the experience level of
the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work
progresses and are payable upon presentation. Unless additional work is requested, or circumstances
require additional work, we estimate that the basic audit fees [excluding fees related the change in
auditing standards described in Statement on Auditing Standards Nos. 104 to 111 (SAS Suite)] will be
$38,300.
If we find that additional audit procedures are required, or if additional services are requested by the City,
those services will be billed at our standard hourly rates. Additional audit procedures might be required
for certain accounting issues or events such as new contractual agreements, transactions and legal
requirements of new bond issues, new funds, major capital projects, new tax increment districts, an
indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due
to the lack of accounting records, incomplete records, or turnover in the City's staff.
In recent years, a number of highly publicized events occurred that weakened the general public's
confidence in financial reporting and the audit process. In an effort to help restore credibility, the
auditing profession has issued guidance which reengineers the audit process, requiring a "risk-based"
audit approach and prescribing more extensive audit procedures. These changes have specifically been
directed at increasing the likelihood of auditors detecting and reporting material inaccuracies within
financial statements and increasing the overall analysis and testing of the internal controls of each
organization. The newest set of standards issued by the American Institute of Certified Public
Accountants are the Statement on Auditing Standards Nos. 104 to 111, "Auditor's Assessment of Risk in
a Financial Statement Audit" (SAS Suite). We have explained these new required standards in more
detail to all of our city audit clients in recent management reports or within other communications. The
concept behind the required changes is good, and it should provide additional benefits to your city, but
unfortunately it will come at an additional cost. We understand the funding constraints of our city clients,
and the scrutiny that may be directed towards you to control costs and keep within established budget
parameters. Others in our profession have estimated the additional audit costs to implement the new
requirements could be as high as 30 percent of the existing audit cost. Because of our efficiencies in
auditing cities, and the thoroughness of our existing audit process, we are confident that we will be able
keep the increase to implement these additional procedures to a range of 10 percent to 15 percent of our
normal fees. We believe this is also consistent with industry standards, including guidance published by
the Government Finance Officers Association. We will bill you for these additional costs as a separate
line item in the first year of the requirement. If the audit process results conclude that the assessed risks
exceed this projected level, the nature and scope of the engagement may change and we may require a
modification of our fee estimate. This modification will be fully discussed with management of the
organization during the normal course of our audit procedures. Please let us know if you have any
questions regarding these new standards.
With regard to the electronic dissemination of audited financial statements, including financial statements
published electronically on your Internet website, you understand that electronic sites are a means to
distribute information and, therefore, we are not required to read the information contained in these sites
or to consider the consistency of other information in the electronic site with the original document.
[2,'
City of Golden Valley
January 14, 2008
Page 6
If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and
make reference to our firm name, you agree to provide us with printers' proofs or masters for our review
and approval before printing. You also agree to provide us with a copy of the final reproduced material
for our approval before it is distributed.
Government Auditing Standards require that we provide you with a copy of our most recent external peer
review report and letter of comment, and any subsequent peer review reports and letters of comment
received during the period of the contract. Our most recent peer review report and letter of comment
accompanies this letter.
We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes
the significant terms of our engagement. If you have any questions, please let us know. If you agree with
the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A.
W:JQ;",,- ~ J~
William Lauer, CPA
Principal
WJL:lmb
Response:
This letter correctly sets forth the understanding of the City of Golden Valley.
By:
Title:
Date:
I~
WIPFLiL"
November 3, 2004
To the Principals
Malloy, Montague, Karnowski, Radosevich, & Co., PA
Minneapolis, Minnesota
We have reviewed the system of quality control for the accounting and auditing practice of Malloy,
Montague, Karnowski, Radosevich, & Co., PA (the "Firm>>) in effect for the year ended May 31,2004. A
system of quality control encompasses the Firm's organizational structure and the policies adopted and
procedures established to provide it with reasonable assurance of conforming with professional
standards. The elements of quality control are described in the Statements on Quality Control Standards
issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and
compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the
design of the system, and the Firm's compliance with the system based on our review.
Our review was conducted in accordance with standards established by the Peer Review Board of the
AICPA. In performing our review, we obtained an understanding of the system of quality control for the
Firm's accounting and auditing practice. In addition, we tested compliance with the Firm's quality
control policies and procedures to the extent we considered appropriate. These tests covered the
application of the Firm's policies and procedures on selected engagements. Because our review was
based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control
or all instances of lack of compliance with it.
Because there are inherent limitations in the effectiveness of any system of quality control, departures
from the system may occur and not be detected. Also, projection of any evaluation of a system of
quality control to future periods is subject to the risk that the system of quality control may become
inadequate because of changes in conditions, or because the degree of compliance with the policies or
procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice of Malloy,
Montague, Karnowski, Radosevich, & Co., PA in effect for the year ended May 31, 2004, has been
designed to meet the requirements of the quality control standards for an accounting and auditing
practice established by the AICPA and was complied with during the year then ended to provide the
Firm with reasonable assurance of conforming with professional standards.
w~. LLfJ
Wipfli LLP
Eau Claire, Wisconsin
131
Wipfli LLP
3703 Oakwood Hills Parkway
Eau Claire, WI 54701
PO Box 690
Eau Claire, WI 54702-0690
715.832.3407
fax 715.832.0475
www.wipfli.com
November 3, 2004
To the Principals
Malloy, Montague, Karnowski, Radosevich, &- Co., P.A.
We have reviewed the system of quality control for the accounting and auditing practice of MaUoy,
Montague, Karnowski, Radosevich, &- Co., P.A. (the "Firm") in effect for the year ended May 31, 2004,
and have issued our report thereon dated November 3, 2004. That report should be read in conjunction
with the comments in this letter, which were considered in determining our opinion.
Matters That Did Not Result in a Modified Report
Engagement Performance
Findinq- The Firm's quality control policies and procedures require that all engagements be properly
documented in accordance with the requirements of professional standards, regulatory authorities, and
the Firm. However our review disclosed instances (expectations of results of analytical testing,
compliance testing procedures in an ERISA plan audit) where the testing documentation was lacking.
Through discussions with engagement personnel, we were able to satisfy ourselves that appropriate
testing had been completed.
Recommendations-The Firm should discuss at a staff training session its policies regarding engagement
testing documentation. All Principals should be advised to monitor compliance with these policies when
reviewing audit working papers.
w~. LLfJ
Wipfli LLP
Eau Claire, Wisconsin
1:\WORD\Audit &- Accounting\70390 Malloy Montague\70390 Letter Of Comments. Doc
1~~
alley
M morandum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
4. I. Agreement with the Canadian Pacific Railway to Replace the Louisiana Avenue South
Crossing
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
The existing railroad crossing on Louisiana Avenue South, south of Laurel Avenue, is
deteriorated and cannot be repaired with bituminous pavement. The City has received an
estimated cost from the Canadian Pacific Railroad for replacement of the existing bituminous
crossing with a new 56 foot long concrete crossing.
As part of the agreement, the City would be responsible for costs for traffic control during the
replacement, signing and the cost of the concrete crossing panels along with bituminous
patching up to the new concrete. The estimated price for this work is approximately $20,000.
The railroad will provide, at their expense, all labor and materials to remove and dispose of
the existing crossing, reconstruct the rails, ties, and ballast. They will also be responsible for
costs to place the new concrete crossing panels supplied by the City.
The 2008-20012 Capital Improvement Program, page 109, includes $125,000 funding for this
project.
Attachments
Location Map ( 1 page)
Agreement with the Canadian Pacific Railway to install a new concrete crossing on Louisiana
Avenue South at Western Avenue (2 pages)
Recommended Action
Motion to authorize the purchase of the crossing materials along with entering into an
agreement with the Canadian Pacific Railway to replace the existing crossing on Louisiana
Avenue South in the estimated amount of $20,000.
1~3
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PROJECT LOCA TION MAP
CANADIAN PACIFIC RAILROAD CROSSING
ON LOUISIANA A VENUE SOUTH
G: \DWGS\CITYMAPS\ADDRESS.DWG
@)
Jl,!O=O=-!!I::: @
CANADIAN
PACIFIC
Engineering Services
Structures & Projects
Suite 1510 Fax (612) 904-6010
50 I Marquette Avenue South
Minneapolis MN 55402
October 5, 2007
Engr. File: Louisiana Avenue
Swamp Track
Mr. Dave McKenzie
Railroad Specialist, Project Manager
SEH
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
RE: PROPOSED CROSSING RENEWAL
Louisiana Avenue - DOT # 854238P
Paynesville Subdivision - MN&S Spur
Golden Valley, MN
Dear Mr. McKenzie:
This letter will confirm my phone conversation on Tuesday October 2,
2007 concerning the proposed renewal of Louisiana Avenue at grade
crossing in Golden Valley, Minnesota. We discuss the possibility of
this crossing being renewed during the 2008 construction season.
Once again to summarizes, CPR would provide, at its expense: labor,
material and equipment to remove the existing crossing material;
reconstruct the rail, ties and ballast through the complete crossing
area;.install selected grade crossing surface material through the
traveled roadway and shoulder areas as required. The city would
provide, at its expense: necessary traffic control, signs, and detours
during reconstruction of the crossing, selected crossing surface
material as noted below, replacement of the asphalt/concrete pavement.
The city should purchase the crossing surfaces directly. We suggest
you obtain price quotations from the following crossing suppliers which
are acceptable to CPR. Supplier will require crossing length and size
of crossing rail. The crossing length will be 54 feet. The rail
through the crossing will be 115# welded. The crossing surface will
need to extend at least two (2) feet be on the paved shoulders.
Concrete crossings come. in 9 foot panels and the rubber comes in 6 foot
panels.
Concrete
Omni Products, Inc.
3911 Dayton Street
McHenry, IL 60050
Bob Cigrang
Phone: 815-344-3100
Rubber (Full Depth)
HiRai I Corporation
100 Kraiburg Boulevard
Lisbon, IA 52253
Walt Barry
Phone 630-961-1659 or 800-274-7245
~
CPR's Service Area Manager Engineering - M1ke Hanson will be handling
the scheduling of the crossing installations. We will advise actual
crossing renewal date for scheduling and project coordination once they
are confirmed.
CPR is looking forward once again to working with the City of Golden
Valley and appreciates the city's cooperation. If you have any further
questions or concerns regarding this matter feel free to contact me at
above address or by phone at 612-904-5994.
If you concur, please sign one original duplicate of this letter and
return to my attention.
10 erely,
1/ ~
Jim eger
Eng~WOrkS
CONCURRENCE: City of Golden Valley
BY'~d
TITLE:
DATE:
2007
8fp
t
alley
emorandum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley Council Meeting
January 22, 2008
Agenda Item
6. A. U.S. Mayor's Climate Protection Agreement
Prepared By
Jon Pawluk, Chair, Environmental Commission
Jeannine Clancy, Director of Public Works
Summary
The Environmental Commission has adopted the attached resolution supporting the U.S.
Mayor's Climate Protection Agreement and is asking Council to authorize the agreement and
direct the Mayor to sign the attached signature page. By adopting the resolution, the City of
Golden Valley will join the many other cities across the country that are committed to find
ways to reduce global warming pollution.
Furthermore, the Commission is requesting that the Council assign the Commission the
responsibility of making recommendations to meet Kyoto Protocol targets in the City of
Golden Valley as outlined in the U.S. Mayors Climate Protection Agreement.
Attachments
Resolution Recommending Adoption of the U.S. Mayors Climate Protection Agreement
U.S. Mayors Climate Protection Agreement (1 page)
The U.S. Conference of Mayors Climate Protection Agreement - Signature Page
Map showing cities that have signed the agreement (5 pages)
Recommended Actions
1. Motion Authorizing the U.S. Mayors Climate Protection Agreement and directing the
Mayor to sign.
2. Motion Assigning the Environmental Commission the role of making recommendations to
meet Kyoto Protocol targets in the City of Golden Valley as outlined in the U.S. Mayors
Climate Protection Agreement.
B7
Resolution 07- December 17, 2007
Member introduced the following resolution and moved its adoption:
RESOLUTION RECOMMENDING ADOPTION OF THE U.S. MAYORS CLIMATE
PROTECTION AGREEMENT
WHEREAS, a growing consensus of scientific evidence indicates that human
activities and environmental practices are contributing to greenhouse gas levels that raise
global warming; and
WHEREAS, it is believed that reductions in greenhouse gases may slow or halt
global warming trends; and
WHEREAS, there are many actions that both individuals and governments can take
to reduce greenhouse gas emissions; and
WHEREAS, the actions that can be taken to reduce greenhouse gas emissions also
have a positive impact on other aspects of the environment whether they decrease global
warming or not; and
WHEREAS, the Golden Valley Environmental Commission advises and makes
recommendation to the City Council with respect to matters relating to and affecting the
environment.
NOW, THEREFORE, BE IT RESOLVED by the Golden Valley Environmental
Commission:
1.
2.
That the Commission hereby recommends that the Golden Valley City
Council authorize the U.S. Mayors Climate Protection Agreement and
direct the Mayor to sign.
That the Commission requests that the City Council assign the
Environmental Commission the role of making recommendations to meet
Kyoto Protocol targets in the City of Golden Valley as outlined U.S. Mayors
Climate Protection Agreement.
ATTEST:
1?6
The U.S. Mayors Climate Protection Agreement
(As endorsed by the 73rd Annual U.S. Conference of Mayors meeting, Chicago, 2005)
A. We urge the federal government and state governments to enact policies and programs
to meet or beat the target of reducing global warming pollution levels to 7 percent
below 1990 levels by 2012, including efforts to: reduce the United States' dependence
on fossil fuels and accelerate the development of clean, economical energy resources
and fuel-efficient technologies such as conservation, methane recovery for energy
generation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles,
and biofuels;
B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that
1) includes clear timetables and emissions limits and 2) a flexible, market-based system
of tradable allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming
pollution by taking actions in our own operations and communities such as:
1. Inventory global warming emissions in City operations and in the community,
set reduction targets and create an action plan.
2. Adopt and enforce land-use policies that reduce sprawl, preserve open space,
and create compact, walkable urban communities;
3. Promote transportation options such as bicycle trails, commute trip reduction
programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, for example, investing in
"green tags", advocating for the development of renewable energy resources,
recovering landfill methane for energy production, and supporting the use of
waste to energy technology;
5. Make energy effiCiency a priority through building code improvements,
retrofitting city facilities with energy efficient lighting and urging employees to
conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the U.S. Green
Building Council's LEED program or a similar system;
8. Increase the average fuel effiCiency of municipal fleet vehicles; reduce the
number of vehicles; launch an employee education program including anti-
idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in water and wastewater
systems; recover wastewater treatment methane for energy production;
10. Increase recycling rates in City operations and in the community;
11. Maintain healthy urban forests; promote tree planting to increase shading
and to absorb C02; and
12. Help educate the public, schools, other jurisdictions, professional associations,
business and industry about reducing global warming pollution.
1 13=1
The U.S. Conference of Mayors Climate Protection Agreement - Signature Page
You have my support for the Mayors Climate Protection Agreement
Date:
Mayor:
Signature:
Address:
City:
Zip:
State:
Mayor's e-mail:
Staff Contact Name:
Staff Contact Title:
Staff Phone:
Staff e-mail:
Please add my comments in support of the Mayors Climate Protection Agreement We will add
these to the Website (optional):
Please return completed form at your earliest convenience to:
The U.S. Conference of Mayors
Climate Protection Center
By Mail:
1620 I Street, NW
Washington, DC 20006
By Fax: (202) 429-0422
Bye-mail: brosenber~(tijusmayors.or~
For more information: (202) 861-6782
)qD
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Mayors Climate Protection Center: The Agreement
Page 1 of2
Participating Mayors Cities That Have Signed On
View Map
View the US Mayors 32 from Minnesota
Climate Protection
Agreement Mayor City Population
Sign On Mary Hamann-Roland Apple Valley 45,527
William Ojala Aurora 1,751
Thomas Stlehm Austin 23,331
Richard Lehmann Bemidji 13,296
Craig Pulford Buhl 988
Elizabeth Kautz Burnsville 60,220
Michael Jugovich Chisholm 4,701
Herb Bergson Duluth 86,918
Mike Maguire Eagan 63,557
Nancy Tyra-Lukens Eden Prairie 54,901
James Hovland Edina 47,425
Rick Wolff Hibbing 16,509
Steve Cook Hutchinson 13,722
Shawn Mason International Falls 6,332
Katie Himanga Lake City 5,282
Judson Marshall Mahtomedi 8,017
Ron Anderson Milan 323
R. T. Rybak Minneapolis 382,618
Gary Skalko Mount Iron 2,945
Donna Dummer Red Wing 15,799
Ardell Brede Rochester 85,806
Craig Klausing Roseville 33,690
Mark Campbell Sauk Rapids 11,560
Dave Kleis St. Cloud 59,107
Chris Coleman St Paul 287,151
Molly Park Sunfish Lake 515
Stephen Abrahamson Tower 479
Gary Burger Turtle River 79
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Mayors Climate Protection Center: The Agreement
Carolyn Gentlllni
Paul Auger
Jerry Miller
William Hargis
Virginia
White Bear Lake
Winona
Woodbury
<<back to mop
Copyright 2007. The United States Conference of Mayors. All Rights Reserved.
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Page 2 of2
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Memorandum
Public Works
763-593-8030 I 763-593-3988 (fliX)
Executive Summary For Action
Golden Valley City Council Meeting
January 22, 2008
Agenda Item
7. A. Call for Public Hearing for 2008-2009 Pavement Management Program, Project 08-1
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
At its October 3, 2006 meeting, the Golden Valley City Council directed staff to prepare a
feasibility report for the 2008-2009 Pavement Management Program. The proposed project
includes streets in the central portions of the City north of Duluth Street and between Trunk
Highway 100 and Noble Avenue. All the streets being considered for rehabilitation are shown
on the attached project location maps.
The feasibility report for this project, which is to be constructed as two separate construction
contracts over two years is being prepared by City staff and the consulting engineering firm of
Short Elliott Hendrickson Inc. (SEH). The feasibility report will be presented at the public
hearing.
Consistent with past pavement management projects, neighborhood open house meetings
were held in the spring and fall of 2007.
Attachments
Project Location Map (1 page)
Resolution Providing for Public Hearing on Certain Proposed Public Improvements, Project
Nos. 08-1, and 09-1,2008-2009 Pavement Management Program (3 pages)
Recommended Action
Motion adopting a Resolution Providing for Public Hearing on Certain Proposed Public
Improvements, Project No. 08-1,2008-2009 Pavement Management Program, to be held at
the City Council meeting on February 19, 2008 at 7 pm.
ltfl1
2008-2009 PAVEMENT MANAGEMENT PROGRAM (PMP)
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CITY OF GOLDEN VALLEY
LOCATION MAP
Resolution 08-5
January 22,2008
Member introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
PROJECT NOS. 08-1 AND 09-1
2008-2009 PAVEMENT MANAGEMENT PROGRAM
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as
follows:
1. In conformity with the provisions of Minnesota Statutes, Chapter 429, this Council
proposes to construct certain proposed public improvements within the City as stated in the
form of notice included in paragraph 4 hereof.
2. The Engineer for the City has reported to the Council advising it in a preliminary way
that the proposed public improvements are feasible and that they should be made as
proposed and not in connection with some other improvements.
3. A public hearing shall be held on the proposed improvements on February 19, 2008,
in the council chambers at city hall at 7 pm.
4. The Clerk is authorized and directed to cause notice of the time, place and purpose
of said meeting to be published for two successive weeks in the NEW HOPE/GOLDEN
VALLEY SUN POST, the official newspaper of the City, the first of said publications to be in
the issue of said paper dated January 31, 2008, and the last of said publications to be in
the issue dated February 7, 2008. Such notice shall be substantially the same as in the
attached form.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
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Resolution 08-5 - Continued
January 22, 2008
DRAFT
NOTICE OF PUBLIC HEARING ON CERTAIN
PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 08-1
2008 PAVEMENT MANAGEMENT PROGRAM
NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley, Hennepin
County, Minnesota, will meet on Tuesday, February 19, 2008, at 7:00 pm at the Golden
Valley City Hall, 7800 Golden Valley Road, in said City for the purpose of holding a public
hearing on certain proposed public improvements.
The City Engineer's estimated cost and the area where said improvements will be
constructed and which it will serve is as follows:
Estimated Cost:
$XX,XXX,XXX
2008 PAVEMENT MANAGEMENT STREET LIST:
. Cherokee Place: Culver Road to Normandy Place
. Culver Road: Lilac Drive North to Noble Avenue North
. Dawnview Terrace: Lilac Drive to Scott Avenue North
. Drake Road: Quail Avenue North to Cul-de-sac
. Glenden Terrace: Triton Drive to Scott Avenue North
. Lowry Avenue North: Lilac Drive North to Quail Avenue North
. Normandy Place: Quail Avenue to Perry Avenue North
. Perry Avenue North: Culver Road to Triton Drive
. Quail Avenue North: Culver Road to 34th Avenue North
. Regent Avenue North: Culver Road to 34th Avenue North
. Scott Avenue North: Dawnview Terrace to Triton Drive
. Scott Avenue North: Lilac Drive North to Lowry Terrace
. Triton Drive: Lilac Drive North to Regent Avenue North
. 33rd Avenue North: Scott Avenue North to Noble Avenue North
All properties abutting the above streets and being located in Section 7, Township 29,
Range 24; City of Golden Valley, Hennepin County, Minnesota.
BY ORDER OF THE CITY COUNCIL
Susan M. Virnig, City Clerk
IlfI
Resolution 08-5 - Continued
January 22, 2008
DRAFT
NOTICE OF PUBLIC HEARING ON CERTAIN
PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 09-1
2009 PAVEMENT MANAGEMENT PROGRAM
NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley, Hennepin
County, Minnesota, will meet on Tuesday, February 19, 2008, at 7:00 pm at the Golden
Valley City Hall, 7800 Golden Valley Road, in said City for the purpose of holding a public
hearing on certain proposed public improvements.
The City Engineer's estimated cost and the area where said improvements will be
constructed and which it will serve is as follows:
Estimated Cost:
$XX,XXX,XXX
2009 PAVEMENT MANAGEMENT STREET LIST:
. Bassett Creek Drive: Regent Avenue North to Noble Avenue North
. Dawnview Terrace: Regent Avenue North to Noble Avenue North
. Dona Lane: Quail Avenue North to Orchard Avenue North
. Hampton Avenue North: Scott Avenue North to Regent Avenue North
. Marie Lane East: Perry Avenue North to Orchard Avenue North
. Marie Lane West: Scott Avenue North to Regent Avenue North
. Markay Ridge: Windsor Way to Orchard Avenue North
. Minnaqua Drive: Cul-de-sac to Regent Avenue North
. Orchard Avenue North: Ordway to Markay ridge
. Orchard Avenue North: Marie Lane East to Dawnview Terrace
. Ordway: Golden Valley Road to Noble Avenue North
. Perry Avenue North: Westbend Road to Markay Ridge
. Perry Avenue North: Bassett Creek Drive to Marie Lane East
. Quail Avenue North: Bassett Creek Drive to Culver Road
. Regent Avenue North: Golden Valley Road to Culver Road
. Scott Avenue North: Cul-de-sac to Regent Avenue North
. Sorrel Avenue: Regent Avenue North to Ordway
. Westbend Road: Scott Avenue North to Ordway
. Windsor Way: Westbend Road to Markay Ridge
All properties abutting the above streets and being located in Section 7, Township 29,
Range 24 and Section 18, Township 29, Range 24; City of Golden Valley, Hennepin
County, Minnesota.
BY ORDER OF THE CITY COUNCIL
Susan M. Virnig, City Clerk
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M nd m
City Adm i n istration/Cou nci I
763-593-8003/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
January 22,2008
Agenda Item
7. D. Release and Settlement of All Claims and Agreement to Indemnify for all Liens ~ Hixon
Lawsuit
Prepared By
Thomas Burt, City Manager
Summary
Staff is recommending the Council approve the Release and Settlement of All Claims and
Agreement to Indemnify for all Liens and authorize the City Manager to sign said agreement.
Attachment
Release and Settlement of All Claims and Agreement to Indemnify for all Liens (9 pages)
News Release (1 page)
Recommended Action
Motion to authorize the City Manager to sign the Release and Settlement of All Claims and
Agreement to Indemnify for all Liens regarding the Hixon lawsuit.
150
RELEASE AND SETTLEMENT OF ALL CLAIMS
AND AGREEMENT TO INDEMNIFY FOR ALL LIENS
This Release and Settlement of all Claims (the "Release") is made and entered into by and
between Aljuan C. Hixon ("Hixon"), Officer Mario Hernandez ("Hernandez"), and the City of
Golden Valley (''the City"). Hixon commenced an action against the City, Dennis Arons, Mario
Hernandez, David Kuhnly, and Christine McCarville in Hennepin County District Court on March
31, 2006, related to an incident that had occurred in Golden Valley involving Golden Valley police
officers on April 2, 2005. That action was subsequently removed to the United States District Court
for the District of Minnesota bearing docket number 0:06-CV -01548 (RHK/JSM) (the "Action"). A
trial by jury was completed and the jury returned a verdict for Hixon and against Officer Mario
Hernandez and the City of Golden Valley in the amount of$328,000 for compensatory damages and
$450,000 for punitive damages. The trial court then considered Plaintiff s request for attorneys' fees
and costs and awarded Plaintiff an additional $458,849.27. Officer Hernandez and the City filed a
motion for a new trial which was denied by the trial court. They have since filed an appeal with the
Eighth Circuit Court of Appeals, which is currently pending.
In order to have a full and complete resolution of all matters related to the Action, the parties
hereby agree to the following:
TERMS OF AGREEMENT
Whenever the plural is used in this Release, it includes the singular. Whenever the masculine
gender is used, it includes the feminine or neuter gender. Whenever the word "Complaint" is used, it
includes any and all claims, complaints, amendments to complaints, cross-complaints, complaints in
intervention and any and all other claims for relief made with regard to the Action. Whenever the
Aljuan C. Hixon v. City of Golden Valley, et al.
Settlement Document
Page 1 of9
1'5/
word "lien" is used, it includes any and all liens of any type and kind, including but not limited to
those provided by law and by contract.
Hixon hereby represents and warrants that he has full legal authority and capacity to enter
into this Release and to forever discharge the City and Mario Hernandez from any and all claims in
any way related to the subject matter of the Action. In executing this Release, Hixon shall be
deemed to have executed this Release for himself personally, and for all of his heirs, executors,
administrators, representatives, successors and assigns. It is the specific intent of the parties that the
claims or potential claims of any person or entity that Hixon has the legal power to release shall be
released by this Release.
Hixon further represents and warrants that he has not sold, transferred, conveyed, assigned or
hypothecated any of his rights, or any and all other rights in or to any of the matters released herein
or otherwise relating to the subject matter of the Action.
CONSIDERATION
This Release is hereby entered into for and in the sole consideration of the City's payment of
the sum ofGne Million, One Hundred and Forty-Six Thousand, Five Hundred and Twenty-Two
Dollars and No Cents ($1,146,552.00) to "Aljuan C. Hixon and his attorneys Parker Rosen LLC."
This payment will be delivered no later than January 24,2008. Hixon acknowledges this settlement
is a complete resolution of all claims, including claims for costs and attorney's fees, whether under
42 V.S.C. ~ 1988, Minn. Stat. ~ 549.211, or otherwise.
COVENANT NOT TO SUE. RELEASE AND DISCHARGE
Aljuan C. Hixon v. City of Golden Valley, et al.
Settlement Document
Page 2 of9
/P
Hixon hereby covenants not to sue, releases and forever discharges the City of Golden Valley
and its respective agents and employees, including Dennis Arons, Mario Hernandez, David Kuhnly,
and Christine McCarville, the League of Minnesota Cities Insurance Trust, and all of their respective
insurers, agents and servants and all other persons, firms, associations and corporations of and from
all actions and causes of action, claims and demands, suits, damages (including without limitation
damages for emotional injuries), punitive or exemplary damages, penalties of any kind, personal
injuries, disability or death, mental or physical pain or suffering, loss of wages , income, earnings and
earning capacity, healthcare bills and costs, medical monitoring, loss of consortium, companionship,
society or affection, damage to familial relations, loss of enjoyment of life, economic or business
losses, interest, costs, attorneys' fees, covenants, contracts, promises, obligations, trespasses, torts,
injuries, losses, entitlement to compensation of any sort, and any other liability or relief of any nature
whatsoever, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, whether
in law or in equity, or before administrative agencies or departments, that Hixon ever had, now have
or hereafter may have, by reason of or arising out of the subject matter of the Action. Hixon
specifically intends forever to waive all rights to bring further suit related to the subject matter ofthe
Action and to release and discharge the City and Mario Hernandez and all persons listed in this
paragraph from any liability whatsoever for such claims. Hernandez and the City likewise hereby
covenant not to sue, release, and forever discharge Hixon and his heirs, executors, and
administrators, representatives, successors, and assigns from all actions and causes of action, claims
and demands, suits, damages (including without limitation damages for emotional injuries), punitive
or exemplary damages, penalties of any kind, personal injuries, disability or death, mental or physical
Aljuan C. Hixon v. City of Golden Valley, et aI.
Settlement Document
Page 3 of9
J,3
pain or suffering, loss of wages, income, earnings and earning capacity, healthcare bills and costs,
medical monitoring, loss.of consortium, companionship, society or affection, damage to familial
relations, loss of enjoyment of life, economic or business losses, interest, costs, attorneys' fees,
covenants, contracts, promises, obligations, trespasses, torts, injuries, losses, entitlement to
compensation of any sort, and any other liability or relief of any nature whatsoever, whether known
or unknown, foreseen or unforeseen, suspected or unsuspected, whether in law or in equity, or before
administrative agencies or departments, that Hernandez and the City ever had, now have or hereafter
may have, by reason of or arising out of the subject matter of the Action.
RESPONSIBILITY FOR LIENS
Hixon specifically represents and warrants that no attorney's liens been served, filed or
noticed with regard to this cause of action or the proceeds relating to this cause of action, and that the
only attorneys who are entitled to any payment from the proceeds of this settlement are Andrew
Parker and the Parker Rosen law firm. Hixon represents and warrants that no public health insurers,
including Medicare or Medicaid, have provided insurance benefits for medical care in connection
with, or as a result ot: any ofthe matters referred to in this Release. Hixon further represents that any
liens being asserted by private health insurers relating to medical care provided in connection with,
or as a result of, any ofthe matters referred to in this Release will be the full responsibility of Hixon.
Moreover, any lien being asserted whether past, present or future, known or unknown, by any
person, entity, business, firm, corporation or government entity or agency as a result of, or growing
out ot: any ofthe matters referred to in this Release including, but not limited to, medical expenses
paid for or reimbursed by others will be the full responsibility of Hixon.
Aljuan C. Hixon v. City of Golden Valley, et aI.
Settlement Document
Page 4 of9
Jry/
RELEASE NOT ADMISSION OF LIABILITY
This Release is entered into by way of compromise and settlement only to avoid the expense
of resolving the Action through the continuation oflitigation and appeal. It is expressly understood
and agreed that despite the jury verdict and trial court judgment in the Action, the City and Mario
Hernandez do not admit, expressly or impliedly, to any liability of any type or nature with respect to
any matter, whether or not referred to herein. The payment of the consideration is not to be
construed as an admission of liability on the part of The City and Mario Hernandez. The City and
Mario Hernandez specifically deny any liability whatsoever.
DISMISSAL OF APPEAL AND SATISFACTION OF JUDGMENT
The appeal of this Action is to be dismissed with prejudice, with each party to bear its own
costs and attorneys' fees including any costs or fees necessary to effectuate this agreement. The
consideration described above has been paid by the City and received by the undersigned in full
accord and satisfaction of all matters claimed, or that could have been claimed, in the Action or in
any way relating to the subject matter of the Action. The City and Mario Hernandez agree that,
simultaneously with the signing of this Release, they, and their attorneys, shall immediately take
such action as is necessary to effectively and completely dismiss the appeal of this Action. Hixon
agrees that, simultaneously with the signing of this Release, he, and his attorneys, shall file a
Satisfaction of Judgment in the United States District Court for the District of Minnesota stating:
"The judgment in the above-entitled action has been fully satisfied through compromise, and
therefore, the Clerk ofthe United States District Court for the District of Minnesota may satisfY and
cancel said judgment of record against Defendants Mario Hernandez and the City of Golden Valley."
Aljuan C. Hixon v. City of Golden Valley, et al.
Settlement Document
Page 5 of9
I~
In the event such Satisfaction is ineffective to release all defendants for any reason, Hixon shall take
all further steps necessary to cancel the judgment.
GOVERNING LAW
This Release shall be governed, construed and interpreted in accordance with the substantive
laws of the State of Minnesota.
ENTIRE AGREEMENT
This Release constitutes the entire agreement between the undersigned and the City. This
Release supersedes all prior written or oral agreements or understandings between the parties. The
terms of this Release are contractual, and this Release may be amended only by an agreement in
writing, signed by the parties.
CONSTRUCTION
The parties, with their counsel, have cooperated in the drafting and preparation of this
Release, and any ambiguity in the terms of this Release shall be construed in accord with the usual
meaning of terms, and in a manner that makes the most sense of the Release as a complete
document, without being weighed more favorably either to the City or Hixon.
SEVERABILITY
Each part of this Release is contractual. Failure of any part hereof because of action of law
shall not invalidate any of the other parts. The parties agree and covenant to be fully bound by such
other parts, and to carry out the full spirit and intent ofthis Release to the fullest extent allowed by
law.
INFORMED AND AUTHORIZED EXECUTION
Aljuan C. Hixon v. City of Golden Valley, et al.
Settlement Document
Page 6 of9
!'5lP
In executing this Agreement, the parties have relied wholly upon their own judgment,
knowledge and belief as to the nature and extent of the loss and damage which may have been
suffered or sustained, or may be sustained in the future, as the result of the circumstances that are the
subject of this Agreement. As to the questions ofliability involved and the amount of damages, if
any, that might be legally recoverable as a result ofthe matters that are the subject of this Agreement
and the Action, the parties have had the opportunity to seek the benefit oflegal counsel oftheir own
choosing. The parties further represent and warrant that they have not been influenced by any
representations, statements or warranties made by any other party or by any agent or other person
representing any other party, concerning the nature, extent or duration of injuries, damages or losses,
if any, or the merits or lack of merit of any position regarding the subject matter of the Action.
INTENT TO BE BOUND
The parties certify that they have read and completely understand this Agreement, or have
had it fully explained to his satisfaction. The parties further represent and warrant that they
understand this Agreement to be a legally binding document, intend to be bound by it and understand
this to be a complete, absolute and final release of all claims related to the Action. The parties also
agree to cooperate fully and to execute any and all documents and to take all additional actions that
may be necessary or appropriate to dismiss the Action and to give full force and effect to the terms
and intent of this Agreement.
Aljuan C. Hixon v. City of Golden Valley, et al.
Settlement Document
Page 7 of9
/11
Date of Execution:
CITY OF GOLDEN VALLEY
By:
Its:
~
The foregoing instrument was acknowledged before me this _ day of January, 2001 by
, authorized representative of the City of Golden Valley.
Notary Public
Date of Execution:
Mario Hernandez
i
The foregoing instrument was acknowledged before me this _ day of January, 200t, by
Mario Hernandez
Notary Public
Aljuan C.Hixon v. City of Golden Valley, et aI.
Settlement Document
Page 8 of9
1'1
Date of Execution:
Aljuan C. Hixon
The foregoing instrument was acknowledged before me this _ day of January, 200~ by
Aljuan C. Hixon
Notary Public
Date of Execution:
Aljuan C. Hixon v. City of Golden Valley, et al.
Settlement Document
Page 9 of 9
/'f1
Hey
News Release
January 22, 2008
For Immediate Release
Contact: Allen Barnard, City Attorney, 612-339-7121
City Settles Police Lawsuit
Golden Valley, Minn. At its Tuesday, Jan. 22, 2008 regular meeting, the Golden Valley City
Council approved a $1,146,552 settlement with Aljuan C. Hixon regarding a lawsuit claiming
excessive force by police officers April 2,2005. This'negotiated settlement between the City, its police
officer, its insurer, and Hixon is a compromise to avoid the expense of continued litigation and appeal
and is not an admission of liability on the part of the City and the police officer involved.
"This is a human tragedy for all involved," says Golden Valley City Attorney Allen Barnard. "It is a
tragedy not only for Mr. Hixon and his family but also for the police officers, their families, the police
department, the City of Golden Valley and it citizens, as well as the court system itself."
On April 2, 2005, Golden Valley police officers responded to an emerging felony-level crime scene
with multiple suspects who may have been armed and dangerous. The plaintiff fled on foot from
officers, directly disobeying multiple commands, and later claiming use of excessive force in the
arrest. In the ensuing lawsuit, a federal jury ruled on September 13, 2007, against one of the police
officers and the City in its capacity as his employer.
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