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agenda packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber June 3, 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. Board/Commission Oath of Office and Presentation of Certificate of Appointment PAGES 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - May 6, 2008 B. Approval of Check Register C. Licenses: 1 . General Business Licenses 2. Gambling License Exemption and Waiver of Notice Requirement - The Leukemia & Lymphoma Society 3. Peddler's License - Storm Pro Exteriors 4. Peddler's License - Fund for Public Interest Research D. Minutes of Boards and Commissions: 1. Planning Commission - April 28, 2008 2. Board of Zoning Appeals - April 22, 2008 3. Bassett Creek Water Management Commission - April 17, 2008 E. Bids and Quotes: 1. Street Striping and Markings - Quotes 2. Sealcoating - Quotes 3. Street Construction and Maintenance Materials - Bids 4. Trailer Mounted Valve Maintenance/Exerciser and Vacuum Excavation/Cleanout Unit - Bids F. Authorization to Sell Truck Mounted Sewer Jetter G. Authorization to Sign Joint Cooperation Agreement with Hennepin County for Participation in Urban Hennepin County Community Development Block Grant Program in 2009-2011 08-25 H. Extension of Variance 07-05-11 - 1711 Winnetka Avenue North I. Extension of Conditional Use Permit 166 - New Hope Christian Life Center/Daycare - 8025 Medicine Lake Road 3. CONSENT AGENDA - CONTINUED J. Amending the Health Information Portability and Accountability Act of 1996 (HIPAA) Privacy Policies and Procedures, Including a Health Reimbursement Arrangement (HRA) as an Organized Health Care Arrangement (OCHA) 08-26 K. Extension of Provisional Multiple Dwelling License - 1400, 1450, 1500, 1600 Douglas Drive L. Continued Item - Liquor License Renewal Hearing - Webb Golden Valley, LLC d/b/a Good Day Cafe 4. PUBLIC HEARINGS 7:00 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Authorizing Issuance, Awarding Sale, Prescribing Form and Detail and Providing Payment of: $6,680,000 General Obligation Improvement Bonds, Series 2008A 08-27 $750,000 General Obligation Equipment Certificates, Series 2008B 08-28 B. On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non-Intoxicating Malt Liquor License Renewals C. First Consideration - Ordinance #399 - Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections and First Consideration - Ordinance #400 - Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees D. Announcements of Meetings E. Mayor and Council Communications 7. ADJOURNMENT .Uey Memorandum Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. 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. Hey Mem ndu Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #3333 Michael P. Hall 3119- 150th Lane N.W. 3 Refuse Vehicles $150.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Hey Mem randum City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - The Leukemia & Lymphoma Society Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from The Leukemia & Lymphoma Society requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for The Leukemia & Lymphoma Society. 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. Fee is $50 for each event Page 1 of 2 5/08 For Board Use Only Check # $ ORGANI.ZATION .INFORMATION Previous garpbling permit number , - D ; - 0 fb - DO \ D Religious Other nonprofit organization M 'Iina a dWli~~~.~lVt\. Name of chief executive officer (CEO) CitYbloltUlt1 V ~ l \ * Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. _ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, S1. 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 yourfederallD 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 QQtb. 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. Xlnternal 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 INFORMA TION N e of p emises where garvbling activity will be conducted (for raffles, list the site where the drawing will take place) * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gamblirig Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651-639-4076. LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT Page 2 of 2 5/08 If the gambling premises is within city limits, the city must sign this application. Check ('..J) the action that the city is taking on this application. ~he 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 (g 6/ it 1\ II ( /Ie, Date~1:{.J cf6 CHIEF EXECUTIVE OFFICER'S SIGNATURE If the gambling premises is located in a township, both the county and township must sign this application. Check (..J) 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 bate 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 is complete and ac t to the best of my knowledge. I acknowledge that the financial report will be completed and returned to th B rd wi in 0 days of the date of our gambling activity. Chief executive officer's signature Complete an application for each gambing acti . one day of gambling activity . two or more consecutive days of gambling . 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 ~-5 / J 5 / ;;'00 Financial report and recordkeeping 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 form will be made available in altemative format (i.e. large print, Braille) upon request. The information requested on this form (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 determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information 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 permit When the Board issues your permit, all of the information provided to the Board will become public. If the Board does not issue a permit, all information 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; Attomey General; Commissioners of Administration, Finance, and Revenue; LegislativeAuditor, national and international gambling regulatory agencies; anyone pursuant to court order; other indMduals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. ~ The Leukemia & Lymphoma Society. Fighting Blood Cancers Minnesota Chapter ~ ~ ~~~1 ~~a~a~a~ ~I~d~, ~~i~e~ ~4~,~ ~o~den Y~I~ey, ~~~ ~5_4~~ ~ - ~ - ~ ~ tel. 763.545.3309 fax. 763.545.5926 May 23, 2008 Ms. Judy Nally Administrative Assistant City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Ms. Nally: The Minnesota Chapter of The Leukemia & Lymphoma Society will host it's annual Gala at the Metropolitan on Friday, June 13, 2008. We respectfully request that the City Council waive the customary 3D-day waiting period for the exemprtion of lawful gambling permit required for this type of event. tANtUtr#l LEUKEMIA II II LYMPHOMA MYELOMA -------~~~~~~-- Hey em ndum City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. C. 3. Peddler's License - Storm Pro Exteriors Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the peddler's license for Storm Pro Exteriors. ;, Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. TO: Golden Valley City Council 7800 Golden Valley Road Golden Valley, MN 55427 &. 5tJ1JV Enclose the sum of $~ for I (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. SLue W1 P I'c !r.--u e/~ ~<:! (Business or Individual Name 0 be Licensed) a ~e fY7 (Ad ress, including City, State and Zip Code) o t. fA ~: ?1,)---.21t,- ~~ ~ (Telephone Number, including Area Code) NOW, THEREFORE, ~ ~ "tAt I JIYVI,e.-/;,,; hereby makes application for the . {,/'f/tJZ (Applicant Name) period of f(,rough 6/30/tJt, subject to the conditions and provisions of said City Code. a ' ~ (Signif,{:ttA~lim~~~er) PEDDLER/SOLICITOR LICENSE APPLICATION . of) Fee Paid: $. 39- Number. of Persons: Type of license Requested: - 0 ~ E J?11/ YYlA If.. -! /;'1/ S-53 'f (1, tI' ?/;)- tIP ~ 11t:fJ I^N rOf1d-<f/~ rt70fo (Photo 10 Verification) REQUIRED LICENSE INFORMATION Applicant (if differe~ from above): j.' Name ~ ~ ~ -((.I YYlAx: J d Address ~7A W 2? -p.. :51 .51 1.0'4;.5 /{ft jC (Include City, State and Zip Code) Telephone Number (including arep cod~) ?I;) ~ ;)-7 t .. ~ ~ Date of Birth (if an individual) '7/.J..:J. / cf? I { Business Name of Applicant @ ./~ ~ Il~t I Y'Yl.1 dJ ;,J Address (Include City, State and Zip Code) u.G 'arfhtr'sn,' (Corporation, P oprietorship, Pa~nership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): R~jJ/Ni 0/ .s:;JJ i Define Business NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization ~ Address of Organization .-... (Include City, State and Zip Code) Telephone Number (Including Area Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: (If more space is needed, attach additional sheets) STATE OF frtn\JJV~oit) II) ss. COUNTY OF nNTl!lfJ,-) I, ~ i ~/ J11.-d-;,.; ( fficer/lndividual) of ~~A'? ~ e.Y-k-/i/o';e~ (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. ~/~ (Signature of 7\pplicant/P incipal Officer) ,200fY . JUDITH A. NALLY NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31,2010 Itllt! d?f/tJ~ c '0L{tycJ? Hey M morand m City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3,2008 Agenda Item 3. 4. C. Peddler's License - Fund For Public Interest Research Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the peddler's license for Fund For Public Interest Research. '" t Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ 5 D - 7800 Golden Valley Road Number. of Persons: \ 0 Golden Valley, MN 55427 Type of License Requested: :3oL..l,-"I..u&- Enclose the sum of $?O for (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. ~ Ub ~ -V~LtC -:r:t.:)~I- ~ (Business or Individual Name to be Licensed) \3\'3. -S'"T1+ '::sT ~"E ~ ~ l,-'g ~ t'\ "., J.j~..(~ I'\J(J 5S"4lLJ (Address, inclUdin. 9 City, State and'Zip Code) / } (J,ed . ) ~"J'l.:.:: .~0\ -: ~.:-~ c,t'l..- 31<1 -3303 I- 7(J~ SbFs-07gs- (Telepnone Number, including Area Code) NOW, THEREFORE, ~\J \ \::> lD YM.~ 1 (Applicant Name) period of '7 \ ~ through 6/30/ D,\ , subject to the conditions and provisions of said City Code. -~ . ant/Principal Officer) hereby makes application for the ~'0InJ~ T1#~-W- /:;q,3 (Photo ID Verification) REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant Address (Include City, State and Zip Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific):~uCA.-~ -t- ~ L-'l ~ )::b~ ~-n1)~S ~ - \0- "1::>~"il- NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. . If the Peddler or Solicitor is so engaged on behalf of an organization, supply: NameofOrganizationN~ ~ -:t?~trc- ~ ~A1C-C...-H Address of Organization \S.~ ~.3l ~ ~. :3::>17, M \ ut.:l~~ MD (Include City, S ate and Zip Code) :5B-fJLf Telephone Number (Including Area Code) ~ l7 - :S/C?-~~OS Define Business ~~~ f) t\..J (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ....' "l..:E.~ ~ ('b'U::3 ~50"" ~ SA-\-:t> DR.GA-t-:) \ ~ -no~ 1'1 ~ \. "T"t"t L \. ':s\ r:;:I;? ~S """ A-~\U::..~'. --r:>^-"-I \ \> \1..Jq (Y\,AJ-..J \3)~ S-r+\ 3r SE ~ 3>~b J r'\, ~O~t;)LA ~, f"'\\.,) 55 LJ / I.Jl ~ \ 'L - '3>3 \ - "bt100 (If more space is needed, attach additional sheets) STATE OF fhtTlfN'f>6fYf ) ) ss. COUNTY OF Ittf'Jl\JiplfV ) I, ~'J:::> LU ~ t^--tW (Officer/I ndividual) of ~1'-- (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. incipal Officer) , 20 t58' JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan, 31,2010 .. ' f\n o~ to LJV'(fJ [i @Pv~ 70~- S b g-- -07oS- Regular Meeting of the Golden Valley Planning Commission April 28, 2008 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, April 28, 2008. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, McCarty, Schmidgall and Waldhauser. Also present was City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioner Kluchka was absent. 1. Approval of Minutes April 14, 2008 Regular Planning Commission Meeting Waldhauser referred to the eighth paragraph on page four and recommended that the word "upwards" be added to McCarty's question as follows: McCarty asked if this project has room for growth or expansion "upwards". McCarty agreed. Waldhauser referred to the second paragraph on page six regarding pedestrian trips and asked if that included bus riders. Hogeboom said he believes pedestrian trips means all non-car related trips. He said he would clarify that with the Director of Planning and amend the minutes accordingly. MOVED by Eck, seconded by McCarty and motion carried unanimously to approve the April 14, 2008 minutes with the above noted corrections. 2. Informal Public Hearing - General Land Use Plan Map Amendment - 228 and 308 Meander Road - CPAM-44 Applicant: City of Golden Valley Address: 228 and 308 Meander Road Purpose: To change the designation on the General Land Use Plan Map from Schools and Religious Facilities to Low Density Residential to allow for the construction of a single family home Hogeboom stated that the State of Minnesota has identified several properties including 228 and 308 Meander Road that they have decided to sell. These properties are currently a part of the Perpich School PUD and are guided for Schools and Religious Facilities on the General Land Use Plan Map. He explained that the proposal is to re- guide both properties to Low Density Residential and then rezone them both to R-1 Single Family Residential to eventually build one single family home on the 308 Meander Road property. He added that the City Council will also be considering the removal of both parcels from the PUD in the future. Minutes of the Golden Valley Planning Commission April 28, 2008 Page 2 Hogeboom referred to an area map showing wetlands and stated that there are portions of Herbaceous and Woodland area on these lots, but there is no standing water. He stated that the City will work with the homeowner to make sure all the wetland requirements are met. Cera asked about the size of the parcels. Hogeboom stated that 228 Meander is approximately 1.3 acres in size and 308 Meander is approximately 1 acre in size. He explained that, as of now, the purchase order with the State is only for the 308 Meander property. Keysser asked if homes could be built on both lots. Hogeboom said homes could be built on both lots, but that is not the intent at this time. Eck asked if the wetland issues would require the homeowner to petition for a variance. Hogeboom said that the City's Engineering Department hasn't yet determined the wetland boundaries but he doesn't think it will affect the setback requirements. Keysser asked if a condition of approval could be placed on this proposal that would not allow for the subdivision of these properties in the future. McCarty asked why there would be concern about future subdivisions if the lots were to meet all of the subdivision requirements. Hogeboom stated that the City Attorney has said that the issue of subdividing the properties would be more appropriately handled during the PUD amendment process. Eck added that he thinks it hard to stop a subdivision if the lots legally meet all of the subdivision requirements. Cera questioned if a condition of the sale of the properties could include something about future subdivisions. Keysser asked if there are any other environmental issues. Hogeboom stated yard clippings and yard waste have been dumped on the properties but that the City will not be responsible for cleaning them up. Bobbie Bardeaux, potential owner of the properties, introduced her builder, John Son neck and Susan Maki, Planning Director, State of Minnesota. She stated that it is her intent to build one single family home on the 308 Meander Road property. Eck asked Bardeaux if she has any commitment to buy the 228 Meander Road property. Bardeaux said she does not have a purchase agreement to buy 228 Meander Road. Cera referred to Ms. Bardeaux's letter submitted with her application and noted that in it she states that she wants to respect the wetland. He asked what that means. Sonneck clarified that the area is considered a non-wet, wetland and therefore has smaller setback buffer requirements so they should have no wetland issues and plenty of room to build a house on the 308 Meander property. Keysser asked if there was a sketch of the proposed new home. Son neck said they are waiting on the survey of the property and the tree inventory. Minutes of the Golden Valley Planning Commission April 28, 2008 Page 3 Keysser asked if the lot is flat. Hogeboom said there is not a large elevation change on the lot but they will be required to submit a drainage and erosion control plan. Keysser opened the public hearing. Drew Smith, 316 Meander Road, said he appreciates the Planning Commission's discussion regarding future subdivisions of the properties because there have been issues with other subdivisions in the neighborhood. He stated that there is a considerable elevation change from the proposed building area down into the wetland area. He said he is concerned about the adverse effects of drainage onto his lot. He noted that these lots are wet quite a lot of the time and that these lots are an important wildlife area in the neighborhood. He said he is not opposed to development he just wants to see the wetland preserved. Paul Tolzmann, 220 Cutacross Road, said he agrees with the previous speaker's comments and he feels the extent of the wetlands needs to be fully understood before decisions are made. He said he is discouraged that the State is not selling the more challenging lot (228 Meander) and he would encourage the State to sell both lots to one person. He reiterated that the area is full of wildlife that the neighborhood enjoys. Keysser said he thinks it is the State's intent to sell both lots because they are trying to raise some revenue. He reiterated that the applicant is going to have to go through all the environmental review processes and the grading, drainage and erosion control process in order to build a house. Schmidgall said he wish he had a better understanding of how it is decided whether a lot should be built on or not. He said the intent has always been to build a house on this lot however he is concerned about the wetlands. Eck said he doesn't think it is in the Planning Commissions purview to determine if a lot is buildable. If the State and the City determine that a lot is buildable then it is and there really isn't a basis for standing in the way. Cera agreed with Eck and stated that he knows the wetland issues will be addressed through the various permit processes. MOVED by Cera, seconded by Eck and motion carried unanimously to recommend approval to change the designation on the General Land Use Plan Map from Schools and Religious Facilities to Low Density Residential to allow for the construction of a single family home for the properties located at 228 and 308 Meander Road. Minutes of the Golden Valley Planning Commission April 28, 2008 Page 4 3. Informal Public Hearing - Property Rezoning - 228 and 308 Meander Road . - Z012-15 Applicant: Bobbi Bardeaux (for the State of Minnesota) Address: 228 and 308 Meander Road Purpose: To rezone the properties from Institutional (1-1) to Single Family Residential (R-1) to allow for the construction of a single family home. Hogeboom explained that in order to build the proposed single family home the properties at 228 and 308 Meander Road now need to be rezoned from Institutional (1-1) to Single Family Residential (R-1). Keysser asked if the City's Engineering Department is concerned about the wetland issues on this property. Hogeboom explained that is a newly delineated wetland so several maps don't even show that it is a wetland area. He stated that the Engineering Department will work with the new homeowner on any wetland issues. Keysser asked if there are any Department of Natural Resources (DNR) restrictions on these properties. Hogeboom said he doesn't believe there are any DNR restrictions. Cera questioned if the State of Minnesota should be the applicant for this rezoning request. In particular the 228 Meander Road property because Ms. Bardeaux isn't planning on purchasing that lot. Hogeboom explained that Ms. Bardeaux was originally going to purchase both lots but there were administrative delays in the appraisal process. He stated that staff suggested Ms. Bardeaux go forward with the rezoning request on both properties so she wouldn't have to go through the rezoning process twice. Keysser asked Susan Maki, Planning Director for the State of Minnesota to clarify if she has purchase agreements for both lots or just for 308 Meander lot. Maki said they have a purchase agreement just for 308 Meander and they are in the process ofre- appraising the 228 Meander lot. Keysser asked if the State wants the property rezoned to Single Family Residential regardless of who purchases it. Maki said yes. Cera asked if the State has considered looking at the dumping issue on the properties. Maki said she just became aware of the issue recently and that typically the State sells their property "as is". Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Minutes of the Golden Valley Planning Commission April 28, 2008 Page 5 Keysser asked the Commissioners if they would like to recommend that the City Council explore a way to make sure these two lots don't become three or four lots in the future. Eck said he thinks that is up to the City Attorney. The Commissioners agreed. MOVED by McCarty. seconded by Eck and motion carried unanimously to recommend approval to rezone the properties located at 228 and 308 Meander Road from Institutional (1-1) to Single Family Residential (R-1). 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Hogeboom reminded the Commissioners that the open house for the updated comprehensive plan is going to be held on Thursday, May 1. 5. Other Business Presentation - Mary Vogel, Center for Changing Landscapes, U of M - MNPASS 1-394 Phase II Planning Study Hogeboom introduced Mary Vogel from the University of Minnesota Center for Changing Landscape. He stated that she gave this presentation to the City Council a few weeks ago and the Council asked her to present it to the Planning Commission for their feedback and about possibly adding this study to the City's updated comprehensive plan. Waldhauser asked if the City was aware of this study when they did their own 1-394 Corridor study. Vogel stated that the City was aware of the University's study but the two studies have a slightly different focus. She stated that they have been working on their study for approximately one year which was funded by the Federal Highway Administration. She explained that there were three components of the study: identifying ways to improve traffic flow in the corridor, identifying transit configurations that would work in the corridor and studying the land use implications of the selected transit configuration. Her group specifically looked at land uses along the corridor that would support a transit spine along the south frontage road. Vogel referred to maps from her study and discussed hydrological features and local pedestrian and vehicular circulation. She also discussed the plans to include higher density residential and office/commercial uses close to the highway and a series of linear drainage ponds that would be used to buffer the residential areas. Minutes of the Golden Valley Planning Commission April 28, 2008 Page 6 Keysser asked which current land uses would remain in her plan. Vogel stated that her study is compatible with Golden Valley's study but they went further and took out more businesses and put in more housing than the City did. Eck stated that the Planning Commission has spent a lot of time on the Golden Valley 1-394 Corridor Study and he is astounded that the City and the University didn't work together. Vogel reiterated that the two studies are compatible in terms of land use, but their study is more conceptual. Schmidgall agreed that the University's study is quite a bit more expansive then Golden Valley's. McCarty noted that the University's study didn't show any mixed use developments and he questioned why light rail transit was not shown. Vogel stated that she did a light rail study approximately 10 years ago. She explained that she has been told light rail will not be a part of the 1-394 Corridor. Waldhauser asked Vogel how far west her study went. Vogel said their study went from Minneapolis to Wayzata. Hogeboom asked the Commissioners how they felt about including this study or referencing this study in some way in the updated comprehensive plan. Keysser questioned how their study would fit in with the City's comprehensive plan when the two studies contradict each other. Waldhauser suggested that the differences in the two plans be highlighted. Schmidgall agreed and said he would like to have a discussion on how to integrate the two plans. The Commissioners decided that before they make the University's study part of Golden Valley's updated comprehensive plan in any way they would like to study the differences between the two plans at their May 28 regular meeting. 6. Adjournment The meeting was adjourned at 8:50 pm. Lester Eck, Secretary Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals April 22, 2008 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, April 22, 2008 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Boudreau-Landis called the meeting to order at 7:20 pm. Those present were Members, Boudreau-Landis, Morrissey, Segelbaum, Sell and Planning Commission Representative Cera. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes - February 26, 2008 MOVED by Sell, seconded by Morrissey and motion carried unanimously to approve the February 26, 2008 as submitted. II. The Petitions are: 130 Louisiana Avenue North (08-04-03) Robert & MaryAnn Cook. Applicants Request: Waiver from Section 11.21, Subd. 10(A)(2) Rear Yard Setback Requirements . 14.1 ft. off the required 25 ft. to a distance of 10.9 ft. at its closest point to the rear yard (east) property line. Purpose: To allow for the construction of a sun porch and deck. Hogeboom referred to a survey of the property and explained that the applicants are proposing to replace the existing deck with a new sun porch and smaller deck located in the same location. He noted that the existing deck already encroaches into the rear yard setback area and that the proposed new sun porch and deck would not encroach any further into the setback area. Segelbaum asked if the existing deck is considered to be legally non-conforming. Hogeboom stated that there was not a building permit on file for the original deck but there was a permit to rebuild the deck in 1997. Sell asked when the home was built. Robert Cook, applicant, stated that the home was built in 1970 but he bought it in 1994. Boudreau-Landis asked if any action needed to be taken regarding the original deck before they could deal with the proposed new sun porch. Hogeboom stated that if this Minutes of the Golden Valley Board of Zoning Appeals April 22, 2008 Page 2 variance request is approved no action would be needed regarding the existing deck because it would be torn down. Sell asked if there are any footings under the existing deck. Todd Obele, Minnesota Rusco, contractor for the project, stated that there are 15-inch bell footings, 42 inches deep. Segelbaum asked if there is anything unique to this lot and if it is similar in size to the lots around it. Hogeboom referred to an aerial photo and noted that this lot is similar in size to the lots around it, however, this home was placed much further back on the lot then others around it. Cook stated that when he replaced the original deck made sure he built it to code. He re-built it smaller and increased the support underneath it. Obele added that the current deck is constructed with 2 x 8 lumber and the proposed new sun porch addition will be constructed with 2 x 10 lumber and it won't encroach any further into the setback area. Cera asked the applicant to describe the proposed addition. Obele showed the Board some elevation drawings of the proposed sun porch and explained that the roof will be in line with the roof on the house. Cera asked if the proposed porch will be a 3-season porch. Obele said yes and explained that the sun porch will not be heated space. Segelbaum asked the applicant if the City mentioned the setback issues in 1997 when he replaced the original deck. Obele referred to the inspection observation reports he received from the City's files and noted that a variance wasn't required at that time. Cera asked the applicant if he spoke with the neighbor behind him to the east. Cook stated that the house behind his is for sale. He said he tried to speak with them several times but was not able to talk to them. Boudreau-Landis asked the applicant what he feels the hardship is. Cook stated that the house was originally built right up to the setback lines with the exception of the front and there is no room for any type of expansion. He added that the neighbors have no comments regarding the proposed addition and he can't improve the quality, or add to the value of his house without a variance. Obele reiterated that the location of the house on the lot initiates the need for a variance for anything the homeowner wants to do. Segelbaum asked the applicant if he had thought about building just the sun porch and not the deck. Obele said they couldn't build just the sunroom because there needs to be an exit from the back of the house. He added that it is just a small deck area and the building code requires there to be a landing with stairs. Minutes of the Golden Valley Board of Zoning Appeals April 22, 2008 Page 3 Boudreau-Landis opened the public hearing. Seeing and hearing no one wishing to comment Boudreau-Landis closed the public hearing. Sell said he thinks it is unfortunate that this house was placed on the lot the way it was and that the homeowner wasn't told he needed a variance when he replaced the deck in 1997. He said there haven't been any complaints about the deck, they are improving their property and they are not going any closer to the property line than the existing deck already does so he would be willing to support this variance request. Segelbaum stated he is concerned if the existing deck is legally non-conforming or not because if it is not, it seems to be a very large variance request. Morrissey said she thinks the existing deck would be considered legally non-conforming because they were issued a building permit to construct it. Cera said he feels a deck being in the setback area is much different than a structure or an addition being in the setback area. Morrissey agreed that it is a fairly significant variance request but anything they would want to build in the back yard would require a variance and there is no where else the homeowners could do any improvements. Cera said the key issue to him is deck versus structure. He added that a hardship can't be something created by the homeowner. Morrissey stated that this homeowner didn't build the house so she doesn't see this as a situation the homeowner created. Sell stated that if this proposal came before the Board without the existing deck involved he'd feel differently, but the deck has been there since 1997. Morrissey agreed. Segelbaum stated that the Board is supposed to consider the reasonableness of a request and he is not sure that this variance request of greater than 50% is reasonable. He said another thing the Board is supposed to consider is the impact on the surrounding properties. This proposed sun porch will improve the value of this house, but he is not sure what it will do to the value of the other homes in the area. He agreed that a sun porch is much different than a deck in this location. Boudreau-Landis agreed that this proposal is for something significantly more than just a deck and it will change the look of the house, but he feels alright with this request because the deck is something that has been there for a long time. MOVED by Sell, seconded by Morrissey and motion carried 3 to 2 to approve the following variance request. Members Cera and Segelbaum voted no. 14.1 ft. off the required 25 ft. to a distance of 10.9 ft. at its closest point to the rear yard (east) property line to allow for the construction of a sun porch and deck with the condition that the proposed 3-season porch can never be converted to a 4-season addition. Minutes of the Golden Valley Board of Zoning Appeals April 22, 2008 Page 4 III. Other Business Election of Officers MOVED by Segelbaum, seconded by Morrissey and motion carried unanimously elect Sell as Chair. The Board agreed that Segelbaum would serve as Vice Chair as he is the only returning member. IV. Adjournment The meeting was adjourned at 8:35 pm. Mike Sell, Chair Mark Grimes, Staff Liaison The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m., Thursday, April 17, 2008, 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 Sf. Louis Park Also present: Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Commissioner Cheri Templeman Commissioner Michael Welch, Chair Commissioner Kris Sundberg Commissioner Daniel Stauner Commissioner Ginny Black, Vice Chair Not represented Commissioner Manuel Jordan Counsel Engineer Recorder Mary Tietjen Karen Chandler Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Brooke Asleson, Minnesota Pollution Control Agency (MPCA) Jack Frost, Metropolitan Council Dave Hanson, Alternate Commissioner, City of Golden Valley Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Bob Moberg, BCWMC Technical Advisory Committee, City of Plymouth Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Bill Wilson, Golden Valley Citizen Chair Welch announced that item 6F - Ramada Pond would be deferred to the May BCWMC meeting. He added item 6H - Minnesota Pollution Control Agency (MPCA) memo on Medicine Lake TMDL. Ms. Black moved to approve the amended agenda. Ms. Loomis seconded the motion. The motion carried unanimously [the City of Robbinsdale was absent from the vote]. Chair Welch removed the March minutes from and added Counsel Communications to the Consent Agenda. Ms. Loomis moved to approve the amended Consent Agenda. Ms. Black seconded the motion. The motion carried unanimously [the City of Robbinsdale was absent from the vote]. A. Presentation of the March 20th BCWMC meeting minutes. Chair Welch asked that language be added to the second paragraph on page 5 to indicate that Chair Welch spoke in favor ofthe BCWMC taking the lead on the Wirth Lake TMDL study. Chair Welch asked that language be added to the second paragraph of page 7 to indicate that Ms. Black handed out at the meeting a draft letter to member cities regarding the BCWMC's organizational analysis and the contractor that has been #248746 vI BCWMC Aprill7. 2008 Meeting Minutes Page 1 selected by the BCWMC to conduct the analysis. Ms. Black moved to approve the amended minutes. Ms. Loomis secouded the motiou. The motion carried unanimously [the City of Robbinsdale was absent from the vote]. B. Presentation of the Financial Statement. The general and construction account balances reported in the April 2008 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 587,268.37 587,268.37 2,332,740.72 0.00 2,332,740.72 3,405,911.48 (1,073,170.76) Construction Account Balance (cash) Investment Balance TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash! investments available for projects C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through January 31, 2008 - invoice for the amount of $2,302.72. ii. Barr Engineering Company - February Engineering Services - invoice for the amount of $19,748.78. iii. Amy Herbert - March Recording Administrator Services - invoice for the amount of $3,378.40. iv. MMKR - Progress payment for audit for services through February 29, 2008- invoice for the amount of $2,000.00. Ms. Black moved to approve the payment of all the invoices. Ms. Langsdorf seconded the motion. By call of roU, the motion carried unanimously [the City of Robbinsdale was absent from the vote]. D. Discussion of BCWMC Meeting Logistics. Chair Welch requested that starting next month the agenda be rearranged so citizen input on non-agenda items is immediately after the approval of the Agenda and Consent Agenda. Chair Welch also requested that aU comments made during BCWMC meetings be delivered in a professional and respectful manner. Sweeney Lake TMDL Study Update by Ron Leaf, SED, Inc. Mr. Leaf handed out an outline of his presentation and announced that this information is posted on the project Web site (htq>://www.sehinc.com/online/sweenev/index.htm).Mr. Leaf explained he would briefly report on Phase 1 of the project, which has been completed, and then he will discuss Phase 2, which is underway. Mr. Leaf said last year in Phase 1 Barr Engineering conducted P8 modeling, which will get inserted into the lake response model. He reported thatin Phase 1 intensive monitoring and sampling were conducted and sediment cores were taken. Mr. Leaf said the lake sediments from the sediment samples were analyzed in a lab and are being used to determine how much phosphorus is in the bottom sediments and that may be #248746 vI BCWMC April 17, 2008 Meeting Minutes Page 2 released into the lake under different conditions. He stated that an inflow monitoring station was set up on the north end of Trapper Pond to collect water surface elevation data that can indicate inflow volume and rate. He said storm event sampling is also taking place at that location. He said this data will help determine the pollutant load entering the system. Mr. Leaf said that a second year of data is important because last year was not a typical rainfall year due to the drought conditions dnring the early summer and the storm events dnring late summer. He reported that the contract for Phase 2 was executed in April and the Water quality monitoring will be starting in the next few weeks. Ms. Loomis asked what would happen if this year's weather is also atypical. Mr. Leaf responded that SEH will hate enough data to run the model and that this year's data would just provide a higher level of confidence in the results. Mr. Leaf commented on the lake response observations that SEH has made to-date. He said the data from the sediment cores indicate the release rates from the bottom sediments are very high at both the south and the north sample sites. He said this means internal loading is a significant component in Sweeney Lake. Chair Welch asked if the percentage of internal loading has been determined yet. Mr. Leaf said the goal is that at the end of this year the data will show the relative internal and external contributions of phosphorus to Sweeney Lake and will also determine if the inflow volume is causing mixing that re- suspends phosphorus from the bottom - both under aerated and non-aerated conditions. Ms. Langsdorf asked if the data from the sediment cores will show when the loading occurred. Mr. Leaf said the data is not to that level of detail. Ms. Black asked if the sediment core will show the age of the layers of sediment. Mr. Leaf said to his understanding SEH did not look for that data through the core samples. Mr. Leaf said historical monitoring data showed that some mixing did occur in the lake and the mixing could have been due to storm events and the aeration. He reported that in 2007 a thermocline developed and developed quickly. He said the data showed there was very low dissolved oxygen at the bottom depths when the aerators were turned off. Mr. Leaf said that by the end of this year's data collection season there will hopefully be enough data to determine whether mixing is occurring during a big flush such as during storm events. He said the data will hopefully help determine if the lake is better off with the aeration or not and whether the lake needs more aeration in the case that the lake is better off with the aeration. Chair Welch asked Mr. Leaf if he would ensure that the Sweeney Lake TMDL project information currently available online will be permanently available to the BCWMC through its Web site. Mr. Leaf agreed. Chair Welch asked Mr. Leaf his opinion on the level of intensity of this TMDL study in terms of the amount of data gathering and analysis. Mr. Leaf said two years of data is the minimum amount for a TMDL in his opinion. He asked Ms. Asleson what she has seen as the typical amount of data collection for a TMDL. Ms. Asleson said typically two years of data is the minimum if there is historical data available. She said if historical data is not available then the study may be a four- to five-year project. Ms. Black asked how many years of data would be entered into the model. Mr. Leaf said he would fwd out and let the BCWMCknow. A. Plymouth Street Reconstruction Project - West Medicine Lake Area: Plymouth. Ms. Chandler said the project comprises four and a half miles of roads and explained that 20 acres will be disturbed. She said the project will result in a 0.91 acre decrease of impervious surface. Ms. Chandler stated that four rain gardens are proposed and permanent BMPs will include six sump #248746 vI BCWMC AprU 17, 2008 Meeting Minutes Page 3 manholes. Ms. Chandler said the Commission Engineer's recommendation is approval of this project contingent on comments A through E in the AprillOtb Engineer's Memo. Chair Welch asked that a condition be added to the Engineer's couditions stating that there needs to be a determination on who will maintain the rain gardens. Mr. Moberg said Plymouth's policy is to enter into a contract with adjacent property owners for the maintenance. Ms. Loomis moved approval of the project contingent on the comments in the AprillOtb Engineer's Memo and the additional comment regarding maintenance of the rain gardens. Ms. Black seconded the motion with the friendly amendment that the letter reflects that the BCWMC did receive a submission that the Commission thinks will take care of the contingencies. The motion carried unanimously [the City of Robbinsdale was absent from the vote]. Mr. Frost mentioned that MnlDOT has given the University of Minnesota a grant to look at sump manholes and their effectiveness and that information should be available in the next year to year- and- a- half. A. Trunk Highway 55 Environmental Assessment. Ms. Chandler reminded the Commission that a letter from the Commission was sent to Hennepin County in November 2006 with comments on the proposed environmental assessment for the possible future expansion of Trunk IDghway 55. Ms. Chandler stated that the Commission Engineer's recommendation is that the BCWMC should draft and send a letter that references the comments of the November 2006 letter and that emphasizes the following two items that either should be revised in the EA or were not adequately addressed: i. Water Quality: the BCWMC and its member cities are incurring significant ongoing expenditures to improve water quality in the Bassett Creek Watershed. The BCWMC expects the project design to include storm water treatment and erosion control measures that will reduce the amount of phosphorus and sediment carried by runoff into Medicine Lake. The BCWMC expects the County to consider measures to minimize the amount of increased impervious surfaces resulting from the TH 55 project. if. Maintenance: the EA did not address the maintenance of storm water management features. The BCWMC expects that maintenance measures the County proposes to take should be described. The BCWMC is concerned that if the maintenance responsibilities are not clearly planned out, the responsibility will fall on the member cities or the BCWMC to perfonn the maintenance. Ms. Black commented that the maintenance would be the respousibility of MnlDOT since TH 55 is a state highway. She said this letter would be a good opportunity for the Commission to comment that it highly recommends MnlDOT's active participation in the Medicine Lake TMDL. Ms. Black said that the Commission hasn't addressed water volume as an issue with the proposed project and she said the Commission should comment that it doesn't want the stream restoration projects it has been working on to be undone by the TH 55 project. Mr. Moberg stated that Elm Creek has been asked to review this EA and Elm Creek does have volume requirements so it is likely they have comments on the TH 55 EA regarding volume. Ms. Chandler stated that the BCWMC does not require volume control. Mr. Stauner said Shingle Creek is looking at a Third Generation Plan and is looking at including requirements regarding volume. #248746 vI BCWMC April 17, 2008 Meeting Minutes Page 4 Mr. Moberg commented that he thought the TH 55 project is being funded federally so the federal government may be where the enforcement hammer lies for this project. Chair Welch moved to approve staff sending the comment letter to the County with the two comments listed in the April 10th Engineer's Memo, a comment regarding the past expenditures and anticipated expenditures due to the Medicine Lake TMDL, and a comment, at the Commission Engineer's discretion, on runoff volume and sending a copy of the letter to Ehn Creek Watershed Management Commission and the Minnehaha Creek Watershed District. Ms. Black seconded the motion with the friendly amendment of including a comment about the BCWMC's recommendation that MnlDOT actively participate in the Medicine Lake TMDL. The motion carried unanimously [the City of Robbinsdale was absent from the vote]. Mr. Moberg reported that there is a public meeting on the TH 55 EA on April 29th. Chair Welch directed Ms. Herbert to forward that hearing announcement to the Commission and the TAC. B. Select Contractor to Review Golden Valley and Minnetonka Surface Water Management Plans. Ms. Loomis moved to select WSB as the contractor since it submitted the lowest bid. Ms. Black seconded the motion. The motion did not carry with six votes against the motion (Crystal, Medicine Lake, Minneapolis, Minnetonka, New Hope, and St. Louis Park] and two votes in favor ofthe motion (Golden Valley and Plymouth]. After Commission discussion, Chair Welch moved that the Commission request from Wenck and WSB additional cost estimate informationfor preparing for and attending a Commission meeting to present the results of the reviews. Mr. Stauner seconded the motion. The motion carried unanimously. Chair Welch directed Ms. Herbert to request the information from Wenck and WSB and to add this item to the May BCWMC meeting agenda. C. Review 2007 and 2008 BCWMC Operating Budget. Chair Welch explained that the Budget Committee has met to discuss the 2009 Operating Budget. He said the Committee's estimate is that the 2009 Operating Budget will be a $50,000 increase over the 2008 Operating Budget. He said that unexpended funds in 2007 will result in a lower assessment. Mr. Stauner commented that a 10% increase for 2009 is troubling and that the BCWMC needs to look at holding spending to a minimum. He commented that the increase would be a hard sell to the cities. Chair Welch directed Ms. Herbert to work with Deputy Treasurer Sue Virnig and the Commission Engineer to prepare a draft 2009 Operating Budget and Assessment for the Budget Committee's review and for discussion at the May meeting. He said the Budget Committee's recommendation for the draft budget is to keep the Administrator item budgeted at $35,000 and the TMDL item budgeted at $10,000, which are the same amounts that were budgeted for these items in 2008. Chair Welch also directed Ms. Herbert to coordinate with Ms. Virnig to attend the Budget Committee meeting, which the Budget Committee will set up. D. 2007 Lake Water Quality Study: Westwood Lake and Crane Lake. Ms. Chandler explained that Westwood Lake, located in St. Louis Park, was sampled through the Citizens-Assisted Monitoring Program (CAMP) and that Crane Lake, located in Minnetonka, was sampled by the Three Rivers Park District as arranged by the Commission. Ms. Chandler said the Commission has identified Crane Lake as a Level 3 water body, meaning the Commission has lower expectations of water quality based on how the lake is used. She said the Commission has identified Westwood Lake as a Level 2 water body. Ms. Chandler said the data shows that the water quality of both water bodies is improving. She reported that in both lakes, however, #248746 vI BCWMC April 17, 2008 Meeting Minutes Page 5 Curlyleaf Pondweed and Purple Loosestrife were found. She explained that Crane Lake is meeting the Commission's Level 3 water body goals. Ms. Chandler said that Westwood Lake has better water quality than Crane Lake and is meeting its Level 2 water body goals. Ms. Chandler said this water quality report doesn't discuss the possibility of these waters as being impaired because the MPCA hasn't yet formally adopted its shallow lakes criteria for the region the Bassett Creek Watershed is located in. She said there is the possibility of these lakes being considered impaired under the MPCA's criteria. Ms. Chandler said all the data collected by the CAMP program does go into the MPCA's database but the data collected on Westwood Lake has not gone into the MPCA's database. Chair Welch asked what accounts for the continuing improvement of these lakes. Ms. Chandler said there were a couple of projects put in place for Westwood Lake and that the ongoing BMP implementation in the watershed could also be accounting for the improvement. Ms. Black asked if the T AC reviewed this water quality report. Mr. Moberg said the T AC did not have time to discuss it at the last TAC meeting. Chair Welch asked the TAC to communicate its comments, if there are any, to the Commission at an upcoming meeting. E. Army Corps of Engineers Permitting of Future CIP Projects; Status of West Medicine Lake Pond Permit. The Army Corps of Engineers Permitting of Future CIP Projects was deferred to May meeting. The Commission addressed the status ofthe West Medicine Lake Permit. Mr. Moberg reported that it appears that the Department of Natural Resources will take the stance that 80% of the project will fall under its jurisdiction. He said the City of Plymouth will get this information rIrmed up with the DNR and then the City will be in a position to have meaningful discussions with the Army Corps of Engineers about the project. Chair Welch asked about the DNR's timeline. Mr. Moberg said hopefully the next three to four weeks. Page 6 i I 1 I ! ! I i I ; ! I ! I I [ j ! I ! I I I t I ; r I i l r f I r i I l , I F. Ramada Pond. Deferred to May meeting. G. BCWMC Organizational Analysis. Ms. Black stated that Springsted, Inc. developed an updated work plan that reflects the comments from the meeting between the BCWMC's Administrator Committee and Springsted. Ms. Black said she handed the work plan and contract out at the beginning of today's meeting. Ms. Black said the Administrator Committee worked to prioritize the analysis topics. Chair Welch said the work plan reflects a strong focus on the internal processes of the Commission and less of a focus on comparing the Commission with other organizations. Chair Welch said he wants the Commission Attorney to review the contract. Chair Welch moved to approve the contract with Springsted contingent on counsel's approval. Ms. Sundberg seconded the motion. The motion carried unanimously [the City of Robbinsdale was absent from the vote). Ms. Herbert asked. if staff time spent with Springsted in interviews or data gathering should be billed to the Administrator budget line in the Operating Budget. Chair Welch said yes. H. Memo from Minnesota Pollution Control Agency on Medicine Lake TMDL. Ms. Asleson of the MPCA announced that she had e-mailed to the Commission a memo that summarized the Medicine Lake Project partner meeting that was held on April 2, 2008 between representatives of the MPCA, Barr Engineering, the BCWMC, and the Three Rivers Park District. She said the memo informs the Commission on the status ofthe project and where it is heading. Ms. Asleson also asked if a representative of the Commission would like to participate in the Request for Proposals (RFP) process for the informal solicitation the MPCA will conduct to find a professional facilitator to lead the Medicine Lake stakeholder process. Chair Welch asked who else will be on the RFP selection team. Ms. Asleson said it will be three MPCA representatives including herself, a contract specialist, and another staff person that specializes in citizen participation and she said she has also asked the Three Rivers Park District to participate. Chair Welch stated that he would #248746 vI BCWMC April 17, 2008 Meeting Minutes like to review the RFP responses. Ms. Templeman responded that she would be interested in participating. Chair Welch moved to approve Ms. Templeman participating in the facilitator RFP process. Ms. Black seconded the motion. The motion carried unanimously [the City of Robbinsdale was absent from the vote). A. Citizen Input on Non-agenda Items: No Citizen Input. B. Chair: Chair Welch said asked if the Commission would like someone from the Minnesota Board of Water and Soil Resources to come in and speak about its oversight process and how it is changing. Commissioners indicated yes. Chair Welch said he will contact BWSR to see if someone could come in and speak to the Commission. C. Commissioners: Ms. Black noted that in the informational area of the April Engineer's memo there is a brief description of the County Road 9/61 erosion project and she asked Mr. Moberg to give a brief update on the Wood Creek project. Mr. Moberg said project construction started in February [2008) and that roughly 2/3 of the project is a bioengineering solution to streambank stabilization and the other 1/3 is piping. He said the pipe is all ill and the project is moving along although it will take a growth season or two for the plantings to Ull out. BCWMC April 17, 2008 Meeting Minutes Page 7 ! I I I i j I I I ~ I i i , I I ! I I I i I ! ! I I I r I , I I I I I f I t i I 1 ! t ~ I ! ! Ms. Templeman stated that citizens submitted letters regarding the West Medicine Lake Pond EA Wand she said she didn't know if the Commission was supposed to have been forwarded those letters but she said she would have liked to been made aware of the comment letters. Mr. Moberg said all the comments that were received are part of the public record and the City was required to respond. Ms. Templeman suggested the Commission discuss ways to make the EA W process better. Chair Welch directed Ms. Herbert add to the BCWMC May meeting agenda a discussion of whether the Commission should establish a policy for EA W projects that have Commission involvement. D. Committees: Ms. Langsdorf announced that she handed out the 2007 River Watch "Year in Review" report for commissioner review. She announced that Decision Resources will be presenting the joint survey results at the May BCWMC meeting. Ms. Langsdorf said the Education and Public Outreach ComJnittee recommends that the Commission purchase approximately 10 copies of the Rain Gardens book to send copies to the public libraries in the Bassett Creek Watershed and for copies for the Commission's use. She said the cost of each book is $18 and the funds for the purchase should come out of the Committee's brochure budget. Ms. Langsdorf said the Committee also recommends the purchase of rain garden and wlldfiower native seed packets to give away at BCWMC events. She said the seed packets are $1 and the Committee recommends purchasing 400 and that the funds should come out of the Commission's Education Budget. Ms. Langsdorf said the ComJnittee also rec()mmends the purchase of a brochure rack for use with the Commission's education displays. Ms. Langsdorf said the cost of the brochure rack is $40 and the funds should be taken from the Exhibit budget. Chair Welch moved to approve the expenditure of $700 by the Education Committee for the purchases of the Rain Gardens bo()ks, the seed packets, and the brochure rack as described by Ms. Langsdorf. Ms. Black seconded the motion. The motion carried unanimously [City of Robbinsdale absent from the vote). Ms. Langsdorf announced that the next Joint Education and Public Outreach meeting is on May 16th at 8:30 a.m. in the Medicine Lake Room at Plymouth City Hall and that the Decision Resources joint survey and recommendations on actions will be discussed. Ms. Langsdorf said that #248746 vI the next BCWMC Education and Public Outreach meeting will be on June 5th at 9:00 a.m. in the Council Conference Room at Golden Valley City Hall. E. Counsel* F. Engineer: Ms. Chandler directed the commissioner's attention to the write-up in the April Engineer's memo about the County Road 9 and 61 Erosion Repair in the City of Plymouth. She reminded the Commission that it had discussed this erosion issue at length during the development of the Commission's Watershed Management Plan. Ms. Black moved to adjourn the meeting. Ms. Loomis seconded the motion. The meeting adjourned at 2:00 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date #248746 vI BCWMC Aprill7, 2008 Meeting Minutes Page 8 alley M orandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. E. 1. Bids and Quotes - Street Striping and Marking Program Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary Bids for the 2008-09 Street Striping and Markings Program, City Project No. 08-18, were opened on May 27,2008. The following three bids were received: AM Striping Service Co. Highway Technologies Century Fence Co. $78,025.00 $85,509.00 $86,784.50 This contract is a two-year contract for the unit prices included in the bid. However, the above bid amounts are based upon the anticipated 2008 work only. Funding for this program is in the Streets Maintenance Division (page 61 of the Operating Budget) and Municipal State Aid (MSA) Maintenance Funds (page 89 of the Capital Improvement Budget). Recommended Action Motion to award the bid for 2008 Street Striping and Markings Program, Project No. 08-18, to AM Striping Service Co. for $78,025.00. alley Me randum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. E. 2. Bids and Quotes - 2008 Contract Sealcoating Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary Bids for the 2008 Contract Sealcoating, City Project No. 08-17, were opened on May 27, 2008. The following bids were received: Pearson Brothers, Inc. Allied Blacktop Co. $185,356.64 $189,676.65 Sealcoating is a commonly used maintenance practice in which liquid asphalt is applied to the existing pavement followed by a layer of small aggregate. This type of treatment protects the existing pavement, provides for excellent wear and waterproofing, and improves skid resistance. While the City retains the services of a contractor for the placement of the liquid asphalt and aggregate, City staff performs all preliminary work such as crack sealing, patching and sweeping, as well as post-application sweeping. The streets included in the 2008 sealcoat area are illustrated on the attached map. This project will be funded from the Street Maintenance Operating Budget (page 61 of the Operating Budget) and Minnesota State Aid (MSA) Maintenance Funds (page 89 of the Capital Improvement Budget). The work will be completed this summer. Attachments 2008 Sealcoat Area Map (2 pages, loose in agenda packet) Recommended Action Motion to award the bid for the 2008 Contract Sealcoating, Project No. 08-17, to the lowest responsible bidder, Pearson Brothers, Inc., for the amount of $185,356.64. Hey emorand m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. E. 3. Purchase Street Construction and Maintenance Materials Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary Annually, staff advertises and receives bids for the various aggregate and asphalt materials used in Public Works maintenance activities. A copy of the bid tabulation is attached. Staff recommends award of contracts to the low bidders for each material as follows: Materials Class 7 Aggregate Sand FA1 Crushed Rock Type 41A Wearing Course Mix Contractor Barton Sand and Gravel Barton Sand and Gravel Aggregate Industries Commercial Asphalt, Inc. Bid Amount $ 8.80ffon $ 7.63ffon $23.26ffon $56.23ffon Attachments Summary of the 2008 Street Construction and Maintenance Materials bids (1 page) Recommended Action Motion to award the 2008 Street Construction and Maintenance Materials to the following bidders: 1. Barton Sand and Gravel for Class 7 Aggregate and Sand FA 1 2. Aggregate Industries for Crushed Rock. 3. Commercial Asphalt, Inc. for Type 41A Wearing Course Mix. 2008 Street Construction & Maintenance Materials Bid Opening: May 27,2008 10:00 am Bid Item 1 Item 2 Item 3 Item 4 Item 5 Bond Acknowledgement of Class 7 Winter Crushed Type 41A Wearing Ball Contractor YorN Addendum #1 Aggregate Sand Rock Course Mix Diamond Mix Barton Sand & Gravel Co. y $8.80ITon $7.63ITon Bituminous Roadways, y $73.80ITon Inc. Brooklyn Trucking Company Bryan Rock Products, Inc. Camas, Inc. Commercial Asphalt y $56.23ITon Company Ed Kraemer & Sons C.S. McCrossan Construction, Inc. Midwest Asphalt SA-AG, Inc. $9. 14ITon y Aggregate Industries y $5,300 $13.50ITon $23. 26ITon No Bid No Bid $13.25ITon *NB = No Bid G:\PROJECTS\Street Materials\2008 (08-19)\Misc\BidsRecdForm.doc alley Mem ndum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. C. 4. Purchase One Trailer Mounted Valve Maintenance/Exerciser and Vacuum Excavation/Cleanout Unit Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The City of Golden Valley prepared specifications for the purchase of one Trailer Mounted Valve Maintenance/Exerciser and Vacuum Excavation/Cleanout Unit to be cooperatively purchased by the cities of Golden Valley, Crystal and New Hope (the Joint Water Commission or JWC). Bids were opened on May 27,2008, and the following bid was received: E.H.Wachs Company $59,845.00 The February 6, 2008 meeting of the JWC unanimously approved to delay the replacement of certain JWC valves and to direct staff to purchase the valve operator machine (Trailer Mounted Valve Maintenance/Exerciser and Vacuum Excavation/Cleanout Unit). The Valve Maintenance/Exerciser will automatically set appropriate operating torque for valve size when pipe diameter is entered, versus employees performing this task manually. The valve maintenance unit will enable the three cities to properly exercise and maintain the large valves (12-inch and greater) owned by the JWC. Proper valve exercising will extend the life of the JWC valves. Funding for the Valve Maintenance/Exerciser is part of the 2008 JWC Capital Improvement Plan and Golden Valley is responsible for 40 percent of the total cost. Recommended Action Motion to approve the purchase of one new Trailer Mounted Valve Maintenance/Exerciser and Vacuum Excavation/Cleanout Unit for a total purchase price, including Minnesota sales tax, of $63,734.93 Hey m ndum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. F. Sale of One 1997 Ford L8000 Truck Mounted Sreco Sewer Jetter Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The City of Golden Valley advertised for sale one 1997 L800a truck mounted sewer jetter. Bids were opened on May 27,2008, and the following bids were received: Municipal Commercial Sewer Cleaning Service, Inc. Flexible Pipe Tool Company $17,500.00 $16,100.00 The 1997 L8000 truck mounted sewer jetter is surplus equipment that was replaced by the new truck mounted sewer jetter, 2007 Ford Sewer Jetter truck #678, purchased in 2007 and put into service in the spring of 2008. Recommended Action Motion to approve sale of one truck mounted sewer jetter to Municipal Commercial Sewer Cleaning Company, Inc. for the sale price of $17,500.00 alley M morandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. G. Authorization to Sign the Joint Cooperation Agreement with Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program- Fiscal Year 2009-2011 Prepared By Mark Grimes, Director of Planning and Development Summary In order to receive Community Development Block Grant (CDBG) funds, the City of Golden Valley, along with other Hennepin County cities, has entered into an agreement with Hennepin County. The current agreement runs through the end of September 2008. In order to continue receiving CDBG funds from the Federal government after that date, a new Joint Cooperation Agreement for FY 2009-2011 must be signed by the City and Hennepin County. The attached resolution authorizes the Mayor and City Manager to sign the agreement on behalf of the City. Attachments Resolution Authorizing the Execution of a Joint Cooperative Agreement Between the City of Golden Valley and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Year 2009-2011 (1 page) Recommended Action Motion to adopt Resolution Authorizing the Execution of a Joint Cooperative Agreement Between the City of Golden Valley and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Year 2009-2011. Resolution 08-25 June 3, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEAR 2009-2011 WHEREAS, the City of Golden Valley, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and WH EREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as an Urban County for purposes of the Community Development Block Grant and HOME Programs. NOW, THEREFORE, BE IT RESOLVED, that the new Joint Cooperation Agreement between the City and County be executed effective October 1, 2008, .and that the Mayor and the City Manager be authorized and directed to sign the Agreement on behalf of the City. 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. ~lley M morandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. H. Extension of Variance 07-05-11, 1711 Winnetka Avenue North Prepared By Joe Hogeboom, City Planner Summary On May 22,2007, Louise Bakken was granted a waiver from Section 11.21, Subd. 10(A)(3)(a) (Side Yard Setback Requirements) of City Code. This variance, unanimously approved by the Board of Zoning Appeals, allows for the construction of a second garage stall, resulting in a two-stall attached garage. Under the provisions of this variance request, the proposed garage would be allowed to extend eight feet into the required 15 foot side yard (south) setback area. Due to financial considerations, Ms. Bakken was unable to complete this project in the one year timeframe granted by the Board of Zoning Appeals. Ms. Bakken has requested the City to extend Variance No. 07-05-11 beyond its expiration to allow for the construction of her garage addition. If granted, the new expiration of this variance would be June 3, 2009. Attachment Location Map (1 page) Email from Louise Bakken dated May 19, 2008 (1 page) Memo to Board of Zoning Appeals dated May 15, 2007 (1 page) Board of Zoning Appeals Meeting Minutes dated May 22,2007 (2 pages) Notice of Final Order dated June 1,2007 (1 page) Certificate of Survey of 1711 Winnetka Avenue North (1 oversized page, loose in agenda packet) Recommended Action Motion to extend Variance No. 07-05-11 (waiver from Section 11.21, Subd. 10(A)(3)(a) of City Code) allowing a one year extension (expiring June 3,2009) for the completion of a garage addition at 1711 Winnetka Avenue North. j j I J , i I I I 1 8100 0010 $l)OO 1920 m1 1900 1901 1900 i i .. .. OOl.t.fTtt ST ., llOO1 UI90 1m 1820 1tI21 182\) 81tl1 0091 L -1_- 1811 1lI1O WI 18m W1 mo 1 N.r 18l'i1 1901 ~ UIOO UIOO P4111711 Winnetka Ave. i -- .:.'\ tit 1831 1.1U 1721 1720 le 1120 r 8102 ~~~/ ~' 8103 ~ z: ~ mo. ! ..., WI :! ,;,-::';/ ;;"':/ c/ I 1710 1111 1110 ~ 1-""" 8Ul4 ~ ;~'~(:/~%/ ;:;: ) 1161 :t1GO 1101 17U11 1101 1100 $1OtI 1 z: 1/ l I 1741 t140 1&n l 16iCl 1621 IiIl 16iCl I 8113 it 1721 1720 16U 1610 16U -- 1610 -- \ - 8O\W) 1101 19SO 8190 1000 1flO1) 1&01 I-- - 15$6 .... ~tlR 15$6 1m /'" r 1~ J '~ D .1S36 IJOO1 1S3& U45 \ 16&0 r 2O!lI! Mo;>.-..,.,NclIfS.. C_'Il"'lCl cOG1SG$2OO$ i Wittman. Lisa From: furballs66@comcast.net Sent: Monday, May 19, 200811:40 AM To: Wittman, Lisa Subject: Extension of Variance Hi Lisa Mark suggested I route this request through you. Last year I received an approval for a variance to increase my garage from a single attached to a double attached. Unfortunately, I underestimated the cost of such a project and was unable to proceed at that time. My variance will expire on June 1 st. I am requesting an extension until the end of September 2008 to proceed with this project. Thank you. Louise Bakken 1711 Winnetka Ave No. 5/23/2008 Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: May 15, 2007 To: From: Golden Valley Board of Zoning Appeals Joe Hogeboom, Planning Intern 1711 Winnetka Ave N Louise E. Bakken, Applicant Subject: Louise E. Bakken is the owner of the property located at 1711 Winnetka Ave N. She is proposing to construct a second garage stall. The new garage stall would encroach 8 ft. into the side yard setback on the south side. According to the applicant's submittal, the hardship with this property is that currently only a one stall garage exists. The proposed project requires the following variance from City Code: Section 11.21, Subd. 10(A)(3)(a) Side Yard Setback Requirements. The Zoning Code states that side yard setbacks in the R-1 Zoning District for lots having a width greater than 100 feet shall be 15 feet. The variance request is for 8 ft. off the required 15 ft. to a distance of 7 ft. at its closest point to the side (south) property line to allow for the construction of a garage addition. No previous zoning variance requests were found for this property. Minutes of the Golden Valley Board of Zoning Appeals May 22, 2007 Page 2 ccess to the back yard is difficul He added that there would also be dr' e issues cr d if they were to build towar the rear of the lot. Grimes ted that the elevation g s from 906 in the back ya 862 at the street level whicli' about a 45 foot drop in elevation from the . Ie of the back yard to the street. Branum reed and stated hat the home is e screened and the addition won't be detriment the neighb rhood. . 1711 Winnetka Avenue North (07-05..1 Loui$&.E...Bakken...Allplioant Request: Waiver from See Setback Re d . to a distance of 7 ft. at its closest yard (south) property line. Purpose: he property and explained that the applicant would stall onto her existing one stall garage which would feet of the south property line. He added that the applicant's at the current garage has only one stall. licant, stated that she has outgrown her current one stall garage another stall onto the existing garage. Grimes at the applicant is also planning to make the garage slightly deeper. Bakken exp ained that she is proposed to make the garage deeper so that she can install a back door that would exit onto an existing sidewalk. Sell asked the applicant if she'd be able to continue parking cars on the existing concrete pad near the proposed new garage. Bakken said she is not anticipating any problems. Grimes noted that that applicant could put a turnaround area on the other side of her driveway. Minutes of the Golden Valley Board of Zoning Appeals May 22, 2007 Page 3 Sell asked the applicant how long she has lived at this property. Bakken said she's owned the property since 2000. Grimes stated that the applicant is fortunate to have approximately 19 feet available in her side yard to be able to build a second garage stall. He added that typically the City doesn't like to see garages come any closer than 5 feet to the property line and in this case there will still be 7 feet from the new garage to the property line. Boudreau-Landis opened the public hearing. Hearing and seeing no 0 comment, Boudreau-Landis closed the public hearing. Sell noted that the applicant can't build a garage further toward because it drops down too much. MOVED by Sell, seconded by Morrissey and motion carried Ll the following variance: . 8 ft. off the required 15 ft. to a distance of 7t (south) property line to allow for the constr es int to the side yard cond garage stall 2540 Zealand Avenue North (0' Michele Lanci-Altomare,l , Subd. 11 (A)(2) Front Y d Setback Purpose$ Michele Lanci-Altoma ,Applicant, state that the prop several years and at they've just recen Iy replaced a "pa work" fence. She stated that because of e location of an existin porch on the back the house it would be a hardship for r to put a shed in a confo ing location. She sai shed wh they are proposing she wou have full access to it, it uld still be located 35 fee way from the street and within t e confines of her new fence, . would still allow her I use of her back yard and she wouldn't have to destroy landscapl that is eady in place. She showed the Board pictures of the proposed shed an id that WWW'd.gOUffl_vJl~ Y SCANNED CITY OF GOLDEN VALLEY Board of Zoning Appeals Notice of Final Order June 1, 2007 Number: 07-05-11 Petitioner(s): Louise E. Bakken Address: 1711 Winnetka Ave. N. Golden Valley. MN 55427 At a regular meeting of the Golden Valley Board of Zoning Appeals held on May 22,2007 your petition for the following waiver(s) of the City Zoning Code was approved: Request: Waiver from Section 11.21, Subd. 10(A)(3)(a) Side Yard Setback Requirements . 8 ft. off the required 15 ft. to a distance of 7 ft. at its closest point to the side yard (south) property line to allow for the construction of a second garage stall Attached you will find an unofficial copy of the minutes of the Board. Board of Zoning Appeals Staff Liaison If waivers are not acted upon within one year from date of approval in accordance with statutes, the waivers have expired. alley Memorand m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. I. Extension of Conditional Use Permit 166 - New Hope Christian Life Center/Daycare- 8025 Medicine Lake Road Prepared By Joe Hogeboom, City Planner Summary New Hope Christian Life Center, located at 8025 Medicine Lake Road, was issued a Conditional Use Permit (CUP) on July 17, 2007, permitting it to operate a daycare facility onsite. Per City Code, a daycare operating under the conditions specified CUP No. 116 must be established by July 17, 2008. If this deadline is not adhered to, the CUP will become invalid. Currently, no daycare facility has been established at the church. Pastor David W. Kent, pastor and representative of the New Hope Christian Life Center has contacted the Planning Department to request an extension of the deadline set forth by CUP No. 116. Pastor Kent has indicated that it is taking longer than anticipated to establish an onsite daycare. Attachment Location Map (1 page) Conditional Use Permit No. 116 (1 page) Letter from Pastor David W. Kent, dated May 22,2008 (1 page) Recommended Action Motion to extend Conditional Use Permit No. 116 allowing for a one year extension (expiring July 17, 2009) for the establishment of an onsite daycare, maintaining all original conditions and provisions therein, at 8025 Medicine Lake Road. i !J: m :Ie z ~ :$ I == 8239 2S4f) 2SOO 1490 ms 23SS 8135 248ll . 248li 2440 2<M5 8Il4tl 802tJ 2425 JONEu.EN I.N N 8045 SOlS 8l'l4il 8020 8IlilO WYN~9!>;...~D 8105 8045 8015 802.0 t; i! .~ tk 8025 Medicine Lake Road ~ < = ~ :> :MOO 2445 Z440 2400 i415 8OI'I1i 1919 24011 19/1(I 2$31 2315 ~ ~ III ~ 2325 i3:lO 800Il (l zsso 2530 z ~ < ~ I i .u~H1 18Z5 2411lJ 7151 243:0 2300 CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. 116 Date of Approval: July 17. 2007 by the City Council in accordance with Sec. 11.10, Subd. 2 and Section 11.30 of City Code Issued To: New Hope Christian Life Center/Christian Life Center Daycare Approved Location: 8025 Medicine Lake Road. Golden Valley, MN Approved Conditional Use: To allow for the operation of a daycare facility in apr;>roximately 3.400 square feet of the existinq buildinq located in the Institutional (1-1) Zoninq District Conditions of Approval: 1. The day care center shall be limited to no more than 30 children. 2. The day care center is properly licensed by the State of Minnesota and receives any other necessary permits for its operation from other agencies including the City of Golden Valley. 3. The recommendations found in tt)e memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, dated June 1, 2007, are made a part of these recommendations. 4. A dumpster enclosure shall be constructed to properly screen any garbage or recycling containers. 5. If a playground is constructed, its location and fencing shall be approved by the Director of Planning and Development in order that it meets all setback requirements. A 6-foot high wood fence shall be placed along the south side of the playground area. 6. Any failure to comply with one or more of the conditions of approval shall be grounds for revocation of the CU P. Warning: This permit does not exempt you from all other city code provisions, regulations, and ordinances. Issued by: ~~ . Mark Grimes, Director of Planning and Development Thursday, May 22, 2008 Attention: Joe Hogeboom City Planner/City of Golden Valley Joe, Thanks for informing me the other day concerning our conditional use permit for our daycare. It is still our intention to start this daycare, but it has taken us a little longer than anticipated; Please forward our intentions to the city council stating that we would like an extension of our conditional use permit. I look forward to receiving the date and time of the corresponding city council meeting so that I can be in attendance. Again, thanks for all of your help! Sincerely, David W. Kent Pastor David W. Kent Christian Life Center 8025 Medicine Lake Road Golden Valley, MN 55427 alley Memo ndum City Administration/Council 763-593-8096 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. J. Amending the Health Information Portability and Accountability Act of 1996 (HIPAA) Privacy Policies and Procedures, Including a Health Reimbursement Arrangement (HRA) as an Organized Health Care Arrangement (OCHA Prepared By: Paula A. Graff, Human Resources Coordinator Summary The Health Insurance Portability and Accountability Act (HIPAA) was first passed in 1996 to reform health care. Over the years additional phases have been added as concerns over privacy of medical data became more of a concern. In accordance with this regulation, in 2004 the City adopted a HIPAA privacy policy to protect employee medical information for those benefits which according to the regulation are considered health plans. In reviewing our policy, it was noted that the addition of the Health Reimbursement Arrangement (HRA) to the list of health plans made it necessary to revise our HIPAA policies and procedures. (The revised policy is available in Human Resources but is not attached here because of the document's size.) Attachments Resolution Amending the Health Information Portability and Accountability Act of 1996 (HIPAA) Privacy Policies and Procedures, Including a Health Reimbursement Arrangement (HRA) as an Organized Health Care Arrangement (OCHA) (1 page) Recommended Action Motion to adopt Resolution Amending the Health Information Portability and Accountability Act of 1996 (HIPAA) Privacy Policies and Procedures, Including a Health Reimbursement Arrangement (HRA) as an Organized Health Care Arrangement (OCHA). Resolution 08-26 June 3, 2008 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) PRIVACY POLICIES AND PROCEDURES, INCLUDING A HEALTH REIMBURSEMENT ARRANGEMENT (HRA) AS AN ORGANIZED HEALTH CARE ARRANGEMENT (OCHA WHEREAS, the City of Golden Valley adopted the Health Information Portability and Accountability Act of 1996 (HIPAA) Privacy Policies and Procedures by Resolution 05-9 on February 15, 2005; and WHEREAS, the City of Golden Valley amended the HIPAA Privacy Policies and Procedures to include policies relating to security of electronic Protected Health Information (ePHI) and appointing a security official by Resolution 06-28 on April 17, 2006; and WHEREAS, the City of Golden Valley recognizes its duty to revise its policies as changes to employee benefit plans occur; and WHEREAS, HIPAA rules require the City designate which health plans are designated as Organized Health Care Arrangements (OCHA); WHEREAS, the City of Golden Valley has recently added a Health Reimbursement Arrangement (HRA) which meets the definition of a health plan as described under HIPAA. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Golden Valley hereby amends the HIPAA Privacy Policies and Procedures to include the Health Reimbursement Arrangement (HRA) as one of entities designated as an Organized Health Care Arrangement (OCHA). 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. Memo ndum Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. K. Extension of Provisional Multiple Dwelling License - Douglas Drive Apartments Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Douglas Drive Apartments located at 1400,1450,1500 and 1600 Douglas Drive North, received a provisional license with an expiration date of June 3, 2008. The provisional license is a result of the roof condition of the four buildings. The property representative was notified that as a condition of the provisional license the roofs need to be replaced, repaired or the following documentation supplied to the City by June 2, 2008. The documentation in lieu of the repair or replacement must include a signed letter from a licensed contractor stating: contractor license number and expiration date, overall condition of each roof (1400, 1450, 1500 and 1600) with specific information on replacement or repairs needed and life expectancy of roof material not being replaced. If replacement is deemed necessary, a completion date for the work to be done must be provided. All documentation is to be submitted to the City no later than June 2, 2008. A signed contract to complete the roof replacement has been submitted to the City. Staff is recommending the Multiple Dwelling provisional license be extended to July 1, 2008. If there is not adequate progress on the roof replacement by the July 1, 2008 City Council Meeting a public hearing will be called for July 15, 2008 at 6:30 pm on the expired Multiple Dwelling License Attachments Roof Repair Contract with BEl Exterior Maintenance Corporation (4 pages) Recommended Action Motion to extend the Multiple Dwelling provisional license for 1400, 1450, 1500 and 1600 Douglas Drive North to July 1, 2008. "Customer": Kathleen Anderson Address: 5116 Xerxes Av. S Edina., MN 55410 BEl EXTERIOR MAINTENANCE CORPORATION 405 West 60TH Street.. Minneapolis, Minnesota 55419~22SS Telepho_: <'1:1) IUOJ.&141/5:llX: (612) 116J.6267/www.heixm.com!bc:imarkct@cs.c:om MN License #20241 131 "Project-: Roof Repl,"",cnb &: Olhu Storm Rell1Cd RcpaiB Addn:ss: [)ouglIIs Drive Apa1ments (4 baildinp) 1400 DouJllJ& Dr. Golden Valley, MN 55442 CustOmer's Insurance Agent: Agent's Tolephonc Number: 0Ite: May 28. 2008 ~N:2200156 "Contract Price": SIXTY ONE TIlOUSAND 1lIREE DOLLARS & 55/100 "PllY111C'1'1t Tenns": FUlL PAYMm-lT DUE UPON COMPLETION "C0I1trIU:t Ooowncnts": Exhibit's A &: B --$61,003.55 PROPOSAL ContraCtor heRby proposes to furnish tho labor lItJd materials to perfonn the work ("Wotk") set out 011 Exhibit' A &: B, alt8Chcd hcrefO and incorpOf'ldCd herein, under the following IefmS ....l:OIICIiticas, all of which shall be dccmcd fA) be the "Conu.ct": A. :rw:r DATE. COIlU'lIClOl' willlll'l4a18kc ed complete the Work in a reasonable time sWtiIl8 approximaldy on the Start Dale. This date is an estimate unly. Con~ willl1l8lc.e reasonable progrqa on the: Wortt. lfthe Conll'lCtOr is delayed at any time in the protllW$ of the Won: by ChanlC Orders, Customer's failure ro m_ timGly progc;ss ~, Cusromcr's failure fA) make timely c1cc:isiOlls as rc:<j1lCS'&ed by CooQ'lll;tOr, tire, adverse WClIlhcr conditions, unavoideblc c:asualtics., IlCcidenu, ~tnICtOrS or other CORUlIC1OrS hirod by the: CU$WmetS, unavoidable delays in obtaining lTIlI1Iriab or an)' odler causes beyond the Con1rIIctor's ~ntrol, then the QOIJlplc:tion will be cldaycd. The Work will be deemed c:ornplct<<l ("Completion DOlO") upon the eulier ofthc following: the date dl8l the: city building inspector completes a fiAal inspcl.'tiOll of lhe Project. or the dare the Contractor notifies Ihe Cusromcr that it illS 5ubSt8lltially completed the Work. Substll(ltial completion may exclude: an)' punch liS( items and ranedilll work to be pc:rformcd by the ContraCtOr. B. ~:iMENTS. The ClIS1oOmc:r will pay the Convac:tor pUBuant fA) the Payment Tenns called for llbovc:, 011 or boforc the time periods set forth above. Unless conuary Lenos arc set forth iIbove, the final payment for the: unpaid balanc;e ofthc Contract Pric;e will be due and pllyable no lallCf than 10 days after the: completion date. SimwlaIICOI1Sly with final payment, the Contraaot will deliv<< to the: CustOmer a complete relc.asc: of all iiens wtlich may have bcon flIed and/or oomplew receipts and waivers of lien risms for all labor , m.alI!:rials and equipment for whim. lien could be tiled, if lien waivers arc requested by ClIStOl'I1tr upon elCOCUtion of 'this IplCn\tmt, and prior fA) the initiation ofth. Work. Lnlcrclt shall accrue on any delinquent sums III the greater of one: and one half perc:ent per lIIOIltb. or the hlpest rate allowable bylaw. C. cpNTRA~'S RESPONSIBlLITlES. The ConIrlIaDr will be sold)' rcaponsiblc for all c:onSlruCtion 1IIGIIIl5, metllods, Cilld\niqucs Illd prooedum tOr the Work. Except 10 tho extent specifically agJeOd in writina. the Contrac1Or will provide IIIld pay for a1ll,bot, maleIials. equipmenl, toOls, conSnuctiOll equipment and machinery, lJBllSpol'Ultion and other facilities and servic;es necessary for ~ion and ~mpletion of the: Work. The C\.I5U)mel' will provide all utilities necessary to ~mplete the Work. The CoolnlClOr WlIITlUIts that all of the rn.allI:I'i81s used.in perftlrming the Work will be new unleas otberwi3c spcdfied IIId thllt all Wortc will be of good quality end in c:onfoonance wi1h applicable bwldinIJ codes ancIlaws. ConD1tCtor shall be n:tponsible for followinS industry standarda for mllllerillls and ~ns~iOll tec:hniquos, which arc used by a miUorit)' of COIlU'aCrol'5 where Conuactor is located. at the time the Work is propoMd; ~ver, ContraOtOr shall not be re$JlOII$ible for any claims which arc b8lC)(\ on indusb'y standards for materials or constrUCtion teehniqucs which c:banlle: a:fter lIIe date of l'Jris A8ftlemOnt. Tho ContrBCtOr will obtain and pay for all buildilli pc:nnits, licenses and ins~ions neoes.sary fOr completion of !he Work, unlcn spcc:JOod otherwise:. Upon completion of the Work. the Contrac:tm' will rcmow all its waste mataiaI from the Project as well as all of its tools. equipment and surplus mlllerials. Comractor will not be rcsponsiblo for any d8m8ges.caused by the p/ac:cmcot or removal of a debris box. COIIlrlCtOr will not be reaponsible for or IlCCCJlt any debris plllCod in the: debris boll other mlll'l the debri. elired!)' aaributablc to the Work pcriOrmcd for this ContracL Customer acc:epts alllilbilities related to any other debris placed in the: debris box ContraclA)r is not CllSponsible for minor dam. to s\uubs, plants. grass IlrId landscaping. If an)' otthe design, dr'rtwin@$ and spcciftc:ations for the Projcc:t are provided to COOll'1lClOl' by lII10thcr peItY or the Customer, the Contrador is not responsible for the design. drlwinSS and specifications for die Project lII1d Customer hc:rcby apes to hold ConttllCtor harmloss and indOlMify Con!nliCtOl' for any claill1$ made ap.inst Conr.ractOr stcmmiR3 fi'om or based upon the dcsiplS, drawinSS and specificatiDrls produced for this Project. This indcmnific8tioa shall incluclc costs and attorneys' fees and shall survive termination of dlis Contract O. SUBCONTRACTORS. except to the c:<lent...- 10 in writing. tbe ConU'llelOr will have sole disc:rct.ion as to wtlo it hires for subcontracted Work (a subcontrlQOr is defuted to be lIIIY peI'SOft or ontity who has a direct contract widl and awthority fi'ont the ConU1lCltlr to pc:nonn Ilf'/ portion of the Work), and shall be solely responsible fur the oooducllmd I*formanoe of such subcontractots. The Contractor win fumisllfA) the ClI$lOmer the rtIIIDC$ and addtwses of each subcontractor employed 10 pcrfbnn or supply lilY poItion of the Wodc, upon writ1cn request lJjI~ IS A I.RGAU.Y BJNDINO CONTRACT. If YOU 00 NOT UNDERSTAND nas CONTRACT, CONSULT YOUR. LAWYER. BEFORE YOU SIaN IT. This proposal may be widIdr'a*n by ContrlClOf ifnot ac:cc:ptc4 within 30 days. YOIll' sipalurc below is yOut 8IJ'CCI'ICI'II to be bound by the 1Cml8 of this Contract, including Iho terms on the mtcI1C side hereof. and any doaImcnts incorporllled lMrc:in. Con 5 )1.y/JJ- Date EI Exterior MaintcmlDcc: Corporation Signature Keith Buesgens E. ~aE ORDERS. The Work and Contnot PriClC may bo modified only by a properly exec:ullld Ch8D8t Order. All Chansl; Ordors m\llt be signed by the Customer unci the COIltlICCDr 1.0 be binding upoo the parties. NotwithDnding the precediD& senteoe:e. in the eveot thll che CuJIOIDU is on aite end directs the Qlo1raetor 1.0 modify or cbBmF 8111 pari of the Work, e\'Ul if. wriltec Ch8n8e Orc!<< is aot siped. the Conuact<< ,ball be CIltilled 1.0 nMsl; the ConU'aCt Price to take into lCClOunt the CUstomar's directtd changes. In addition. in the evem that unfO/'lllMl'l olnlumBtBnC08 '** the Comractor 1.0 incur additioaaJ fees, d1argcs or costs ID tbe Work, IIDton::sec:n at die bIdding or die ConhoL. cho COIln'" -Yo by notice t.) the CU8tMIl!II'. increase the total cost of the Worlc 10 cover the necessitlllEd add.itiOll8l dIlIrges. F. OlJAllTV OF WORlUW1f\.R.R.ANTY. 1'bt CoaI;rBdor will complete rho Wortc accordilla to the ~u dI8l eampnllO this (AmU'llCt. Upoa substantial oompl~OD oftbe WOltt, all Work that in tho CUstomer's reuouble: opinion is not: yet 00IfI'pka: or wbidl faib to ~ Contract requinsnents will be: specified in . punch list executed by the CUstomer aod the CODll'ICtor. AU such puIlcb list items will be promptly COI'I'Cded by the Coottactor. The Conll'8CtDr W1lmlI11B that the Work wl1l be he from dmcts in wodananship for the period set forth on Exhibit's A & B henlto. B&.etift IS of the date of final pa}'l!ll:lDt of1hc .Coanac:t Pric:c:. the CODtI'lICtOI' hc:reby lISSiCDS to C\IIton'Iel', to the extent they exist, all manufllDtunrI' wammicellppUcable to mllCrials or equipmoat iD&talled by the CooIracf<< or any of its subcoorractofS. COl1tracfQl' is DOt R$pOOS1"bJe: for ay mac.rlal wmaaUcs oCher then those offered by the ~. The; pIlI1ies ape: that no matmr how well a buildiftg is roo&d, ice dams may occur. Consequeot1y, the CoD1raCI.OI' shall DOt be respoasible for aD)' problema, damll8es. claiJmI or mold resulting from JeaIcage attributed to the existmee: of ice dams. G. ~HANJCS' UENS. Pruuming the Customer is not in default bc:rein, the Cootnetor will timc:1y PlY alllllbc:on1J'llCUln Illd maamal suppliCf'fl for their rtl3pClCtive: performance of IIf1 of the Work so as to prevent medlllPics' or mat~'lions from boiDg filed apiDst the Project. Tho Cootraetor will indtmnify, defend and bold htrmless the CU5I.Omer for lIDY sueb proper and IcgsJ liens that IlrC filed apinst tho Project, provided the CUlI'toIDIII" is not in default in the payment of any lUIIIJUI1lS due to the: Cootnactor hereunder. H. lNSUllANCB. The: COIlIraCtor IDd its subcxmlractors willllave aDd. will COGtinuc to maintain. insIlrllncc covmp sufficient to protect the themselws from the claims ofworkai UDdc:r the Workers' compc:nsatioo Act bec:ause ofbodiJy injury, iDeluding death. and from claims for daJtlaF8. other than to the Wode. itself. 1.0 propertY which may arise out. of or NSlllt ti'om lite Coutraetor"s work under this ContnlCL Contractor will iMure that each sub<:<<lrractor also maiDraiDs aeparare i.DBur8Dcc i:o this regard. The Customer win lDllintaln propertY insurance upon the reel property at the Project site in the amount ofthc: full insurable value thereof. This insunmoo will Include me intl::rm oftbc Customer. the Cootnlctor. and lilY subcoDtnIOtors involved in the: Work and will inswi aplAst the pails of firc and cxteDded coverage and shall in~lude "all risk" insuraDce of pbysic;alloes or dIIIna&e including. without duplioatioa of coveraae, theft, vandalism, and mali~ious mischief. Upon request, the Customer will provide a cc:nitiCllbl of this insurance to the Coutractor. The Conlr1tctor ItDd Cust.OmCr wai~ all ripts agaiDst cadi oCher end other eontr80tcc"s or material providc:n for cl8ma8es 08\IScd by fire or other perils to the eXtellt oowml by insurance, exClCpt such ript.s as they may have to proceeds of _ iDsurance. The policies ofimurtlnCe reqWtcd by aubcontracloB of Contraetor shall provide waivcrs of subroplion by endor5c:mc:nt or otherwise. A waiver of $Ubropri<m shall be eft'ec;tivc os to a pcraoa. or entity even though that person or entity would otherwise have a duty of indemnification, did not pay the inauraDCC premium diJ1)c:tJy 8Dd wbc:dIer or not the person or cutity bad an insurable intercat ia the property daft1a8cd. L DEFAULTS. lftlle Custcmet is in default, or fails to make Ill)' required payment for a period of 10 daY' aftw it i.t clue, tho COQtract(ll' may, upoll two additional days writt.ell notice to tbe CllItotncr. &crmiD&te this ConlJ8Ct Illd reoovcr from the 01st0ma' pIyIDCRt for ell Wen performed and for all materials ful1IiIIbcd to the Project and for use of all constrw:tion oquipmenl and madrinery in the pc:rf0l'll1llllQC of the Work. includins n;asonable profit unci ciatnap Ilpplicable to the: Work. TbIl Coatraaormay aIlIo simply postpoae the Work, 1lDul suda time IS me C\I8tOIDOl' bI& c:unld lIlY dd'anlt or tab any other: action pel'1IIi.=cI by law or equity. If the CUSWIIla' believes that the COIIII1lCtOr. without lopl justift~ation, his ~Iy brcadM:d tbit Cootl'llCA, the CUStOIDllI'shall provide the Coatl'1ldOr with wriaeo notification of eac:b spc:c:ifi~ olaim ofbrcach and provide the Contract<< with a tbiny"" c:ure period. If the breaob is the type IhaI caDDOt RUClIIebly be cured within thirty days, the Cootractor may. by writt.cn notice., claim III additional reasonable period oHime to remedy the claimed breaches. Customer guaraDteeS the Comractor the rigbt to examine the: tubjeet matter of lilY daim., prior to the CUSUlIDI:I". perfOl1Dlll\CC of any lepl action such IS arbitr1ltion or litiptiou, unless of III emerpoc:y IlIl:Ure or for the saflo:ty ofpcnou or JlIOPCdY. This iDspcction right is a eoodilioo preoedent to C\lstoIDl:rs briDging ID)' I. aclion. If a notice of a claim ofbrcach is received befon: tb8 WCMt is comp1a11ld, in the event that the COIIIraCI.Or believes. in good faith, that the claimed alleged breacbes an: with01Jl merit, Contractor may tel'IIIiDuIe this Connc:t in the aame fuhiOD as If the CUSlOIIlcr had failed to mala: paynlCIlf., IS set forth above. After the: Work Is compldcd, any claim must be r=ved by CcIDlrac&or.1n wridns. withiD one year &om * Completion D8u:. or euch claim is waivocl. nsprdless of the date when Customer becomell aware of1he discrc:p8tlCY. pRlblesn or ~Iaim. J. LIMITED LlABD..ITY. UAl_ set forth is this Coonct, DO olhu warrlllUes. either~. or impJjcd an: given by Contractor. The parties agree that the maximum liability of the COOtract<<. and it's employees, subcOr\tral:ton and egeIIts, for any loss or damIlgc. in tho cvCllt the Coot:raetor. or it's employees, subcontradDl'S or 118ents. are nesligeDl, in breadl of contraCt. or otherwise at fault in the: pafOCDlllllc:c: of lIS obliaadODS. shall be limitod 10 a lI\IJtI equal 10 the portion ofthc CooIract Price aaually pIid. If a l8w$Uit, legal action or arbiu1ldM is filed by the ClIStoIIIIllI'.... the Cootractnr, its subcontrlCtm or amployees IIDd the ConlDCtOr aodIOl' or subcontractors successfully defend the daim of the CustDID<<. the C~ asrees to pay the Contractor and/or subcontractors for their time in defending such action. at their nonnal hourly I"llte. together with their attorneYs feet and court COIlts, and any other costs ineum:d in defending apiDst such claim. K. ~ONTROVER..'iIE$. NotWithstanding any other provision herein, III CODtrOvem.s. Nits. claims or C8USCllI of aetioa belweon tho parties bereco in MY way, dir<<tJyor iDdireedy, ariaiDg out of. COtlJlC(:tc:d with or rclatiD$1.O the ~oo oftbis ~ the Work: to be provided by the: CODtrllGtor. includins, bill not limited to. (a> MY promillC8. rcpreseutations or negotiations ~ the performance ofebe ContI'lIICIOl' or its subcoll11aOUll'S ha'cunder (b) any act or omission of the COIltnldOl' In the pe:rfQllDllllC:C of its respoasibilltie& hcmlnder eDdJor (c) the ~~" n:latina tbeIvto, moat be filod with a CO\ll1 ofpropcr jurisdiction withiD six (6) montIJs of the date on which relevant fIdS about the olaim wae, or reasonably coukl haw bc:eD. disoovorcd or else the claim C8I1DOl be pursued, aDd in DO eYenllat.er than the one year 8I11llversary oftbc CompJetion Date., UIlIess otbcrwisc provided by law. L. MISCELLANEOUS. This Contncl: is governed by the laws oftbe State of Minnesola and the partics agree that in the event ohny litigation. the action shall be venUlld in the county in which ContnlCtor maiIlllins its primary offices. In 1he evwt of a default or breacl1 of this Contract by Customer. ContraCtOr shall be entitled to collect its oosts, disbursements and legal fc:es inamed. wbc:thcr or not a fbrmal aaion has been filed with a court or arbitration usociation. This Contract consists of this agreement together widt any other documenU which are identified above as ContraCt Documents together with 1ft)' signed Change Orders executed in accordance with paragraph #I below. The pard" edCnowledge that this Contract oontBins all of the terms of the agreement between the parties hereto and neither party is relying upon any other terms. oonditians or agreements, whether written or verbal except IS may be expressly stated herein. Exhibit A BEl EXTERIOR MAINTENANCE CORPORATION 405 West 60th Street. Mioaeapolis, MN. 55419..1255.6111861-6143. FAX: 611l861-614S7. WEB www.bebm.com CUSTOMER LOCATION Douglas Drive Apartments 1400 Douglas Dr. (4 buildings) Golden Valley MN Date: May 28,2008 Proposal #2200156 Kathleen Anderson S716 Xerxes Av. S Edina, MN 55410 612~916-4440 ROOF REPLACEMENT PROPOSAL I. The building walls and follll8e will be protoetcd to reduce the po$Sibility of demagc during the n>rooting process. 2. All existing roofing material will be removed from the building roofs. This inclwb the shingles, undcrlayments., plumbing staclc.s, ventS. valleys, and fasteners. All gutters will remain in piece. All debris will be picked up each day. 3. The wood deck will be: inspected aod all wet, rotted, or delaminated sh.eathing will be removed and replactd. Note: The rcp18Ce1Jlent work will be w:x:omplished at a rate of $2.85 ~ square foot over and above the Contract AmOWlt. SOme replacement Is anticipated. Note: If Ice and Water protection membrane exists, the plywood that it is bonded to may need to be ramoved and replaced lit the above rate in order to <:omlCtly install new materia!s. Any additional carpentry. or other work not specified in this proposal. necessary to properly complete the roofing project will be accomplished on a time and materials basis over and above the base ContnICt AmOWlt. The labor rate for this work will be S8~.OO per III8Ilwbour. 4. All eave lines will be covered with 2 full width courses (6 tt) once and W81.er protection. The base: ohll chiltUley'S, all vent openings, and all other roof penetrations will also be lined with lee and W tier protection. The baJanQe of all roof surfaces will be covered with GAF Shinglem8le asphalt satunted roofing paper. 5. The building roofs will be: covered with new GAF Royal Sovereign 3-tab fiberglass mat asphalt shingles that will be Jwallu!l!!! in place using four, 1-1/4 inch roofing nails per shingle. 6. All new pre~finished mcta.I drip edge and/or guner apron metal will be furnished and installed at all roof edges as necessary. 7. All new p~flnished louvered metal attic vents will be furnished and installed. 8. All new galvanized shed metal soil stacie. flashings will be furnished and in9t8.lled. 9 All new Broun cxbaust vents will be furnished and installed. 10. All Boston style hip and ridge will be installed and nailed in place. 11. All rclak>d debris will be cleaned up. removed, and properly disposed of. 12. The workmanship will be gWll'8llteed for five years and the: installation labor and the materials will be wammtc:ld under the OAF System Plus Warranty. 'N "..'t ",",,\\ \0.-. \4~)' '" ~~ ~ ":7,,~ ? 0, <. t70ct- ...r ~ V.'" nEt (i.'^.... ,..... ~ c~.,~ 'lD"'(J~ l) ~ -- . NOTICE TO OWNER REGARDING LIEN RIGHTS a) Persons or companies furnishing labor or materials for this Improvement may enforce a lien upon the improved land if they are not paid for their contribution, even If the parties have no contractual relationship with the owner. b) Minnesota law pennits the owner to withhold from his contractor .s much of the contract price 88 may be neceaaary to meet the demands of all other lien clalmanta, pay directly the liens and deduct the cost of them from the contract price, or withhold amounts from his contractor until the expiration of 120 days from the completion of the Improvement, unless the contractor furnishes to the owner a waiver of mechanic's nene signed by persona who fumiahed any labor or material for the improvement and who provided owner with timely notice. Exhibit B BEl EXTERIOR MAINTENANCE CORPORATION 405 West 60th Street. MinQe8polis, MN · 55419-2255. 6111861-6243 · FAX: 612/861-6267 · WEB www.beixm.com CUSTOMER LOCATION Douglas Drive Aparlments 1400 Douglas Dr. (4 buildings) Golden Valley MN Date: May 28. 2008 Proposal #22001 S6 Kathleen Anderson 5716 Xerxes Av. S Edina, MN 55410 612-916-4440 FASCIA AND SCREEN REPLACEMENT PROPOSAL I . Remove and replace d8magcd aluminum fascia metal with new pre-finiShed aluminum fascia per insurance acljuStJ1\ent. 2. Remove and replllCC damaged window scn:ens with new vinyl screen material per insurance adjustment. NOTICE TO OWNER REGARDING LIEN RIGHTS a) Peraons or companies fumishing labor or materials for this Improvement may enforce a lien upon the Improved land if they are not paid for their contribution, even if the parties have no contractual relationship with the owner. b) Minnesota law pennits the oWner to withhold from his contractor 88 much of the contract price as may be necessary to meet the demands of all other lien claimants, pay directly the liens and deduct the cost of them from the contract price, or withhold amounts from his contractor until the expiration of 120 days from the completion of the improvement, unless the contractor furnishes to. the owner a waiver of mechanic's liens signed by persons who furnished any labor or material for the Improvement and who provided owner with timely notice. Me orandum Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 3. L. Continued Item - Liquor License Renewal Hearing - Webb Golden Valley, LLC d/b/a Good Day Cafe Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On the May 20,2008 City Council agenda a liquor license renewal hearing was scheduled for Webb Golden Valley, LLC d/b/a Good Day Cafe, 5410 Wayzata Boulevard. The liquor license renewal hearing was scheduled as a result of uncompleted building permit #31997, plumbing permit #33631, parking lot repairs and property maintenance violations. Prior to the May 20, 2008 City Council meeting, Staff verified completion of the building permit, plumbing permit and parking lot repairs. The property maintenance violations were not completed. Due to progress on the city requirements, the City Council approved continuing the liquor license renewal hearing to the City Council meeting at 6:30 pm on June 3, 2008. On May 30, 2008 Staff re-inspected the property and positive progress has been made on the site. Recommended Action Motion to continue the Liquor License Renewal Hearing for- Webb Golden Valley, LLC d/b/a Good Day Cafe to the June 17, 2008 City Council meeting in order for the applicant to complete the City requirements. alley Memo ndum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 6. A. Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $6,680,000 General Obligation Improvement Bonds, Series 2008A and $750,000 General Obligation Equipment Certificates of Indebtedness, Series 2008B Prepared By Susan Virnig, Finance Director Summary At their meeting of May 6, 2008 the City Council passed resolutions authorizing the issuance and sale of these bond issues. The sale date was set for Tuesday, June 3,2008. A representative of Springsted Inc. will be in attendance at the meeting to present the bid results. If the City Council desires to proceed with these bond sales, after reviewing the bid results, it should adopt the attached resolutions. Attachments Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $6,680,000 General Obligation Improvement Bonds, Series 2008A (20 pages, loose in agenda packet) Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $750,000 General Obligation Equipment Certificates of Indebtedness, Series 2008B (17 pages, loose in agenda packet) Recommended Action Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $6,680,000 General Obligation Improvement Bonds, Series 2008A. Motion to adopt Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $750,000 General Obligation Equipment Certificates of Indebtedness, Series 2008B. Public ~H~y Mem randu Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 6. B. On Sale, Off Sale, Sunday Sale, Club and Wine On Sale and Non-Intoxicating Malt Liquor License Renewals Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary The following establishments have applied for renewal of their liquor licenses for the 2008- 2009 license term. The applicants meet City Code and State requirements for the renewal of their licenses. Off Sale Byerly's Beverages, Inc. d/b/a Byerly's Wine & Spirits Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse Adelemor, Inc. d/b/a United Liquors #2 SGS Enterprises, Inc. d/b/a Westview Liquors Off Sale / On Sale and Sunday Sale RZMP Corporation, d/b/a Schuller's Tavern On Sale and Sunday Sale D'Amico Catering, Inc., d/b/a Metropolitan Ballroom and Clubroom GMRI, Inc. d/b/a Red Lobster Majors Sports Cafe of Golden Valley, Inc. d/b/a Majors Sports Cafe Samurai, Inc. d/b/a Benihana Golden Valley Country Club Inc. d/b/a Golden Valley Country Club Scoreboard, Inc. d/b/a J.J.'s Clubhouse Cliff Corporation d/b/a Doolittles On Sale Buon Amico Inc. d/b/a Piazza's Ristorante Club On Sale and Sunday Sale Chester Bird American Legion Post #523 Golden Valley VFW Post #7051 Wine On Sale (includinQ stronQ beer) and Non-lntoxicatinQ Malt liquor D'Amico and Sons, LLC d/b/a D'Amico and Sons The Noodle Shop Co. Colorado Inc. d/b/a/ Noodles & Company Recommended Action Motion to approve the renewal of the respective liquor licenses for the applicants listed above for the 2008-2009 license term. alley Memo ndum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting June 3, 2008 Agenda Item 6. C. Proposed Revisions to City Code, Sections 3.30 and 3.31, Rules and Regulations Relating to Sanitary Sewer Service Prepared By Jeannine Clancy, Director of Public Works Summary It is recommended that the following revisions be made to the City's Inflow and Infiltration Ordinance: 1. That private contractors are permitted to perform inspections of sanitary sewer services; and 2. That the Ordinance be revised to reflect the city's current policy that inspections in the pavement management area are voluntary; and 3. That a property owner who disconnects an illegally connected foundation drain provide a sump basket and pump that is discharged outside of the building structure so that damage to the building foundation does not occur; and 4. That fees are established for the review of the video record completed by a private licensed plumber. The fee for reviewing the residential video record will be $100 and review for non-residential video record will be $375. Attachments Section 3.30: Rules and Regulations Relating to Sanitary Sewer Service (5 pages, loose in agenda packet) Section 3.30: Rules and Regulations Relating to Sanitary Sewer Service, red line version (6 pages, loose in agenda packet)) Section 3:31: Contractual Contents (3 pages, loose in agenda packet) Section 3:31: Contractual Contents, redline version (4 pages, loose in agenda packet) Ordinance No. 399, Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections (3 pages) Ordinance No. 400, Amending the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees (1 page) Recommended Action Motion to adopt the Ordinance amending the City Code Sections 3.30 and 3.31 on its first consideration. Motion to adopt the Ordinance amending the City Code, Amending the Master Fee Schedule For Sanitary Sewer Inspections and Compliance Fees on its first consideration. ORDINANCE NO. 399, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to Chapter 3 Regarding Private Contractors Permitted to Perform Sanitary Sewer Service Inspections The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Section 3.30 of the City Code is hereby amended in Subdivision 3, subpart B, by adding the following after the first sentence thereof: All inspections and inspection reports must include a date-stamped video record of the complete lateral line from its end on the property to the sewer main. All inspections must be performed and reports completed in accordance with City standards and specifications. In lieu of having the City inspect the property, the owner may furnish a certificate from a licensed plumber in a form acceptable to the City, certifying that the inside of the property owner's home, or other building(s) on the property, is (are) in compliance with this Chapter, that the licensed plumber completing the certification was the individual who performed the inspection, that he or she is licensed to perform such inspections, and that the videotape of the lateral line is accurate. The date-stamped video record shall be submitted to the City and reviewed and approved by the City for assessment of compliance with this section of the Code. Section 2. Section 3.30 of the City Code is hereby amended in Subdivision 3, subpart C, by changing it to read as follows: Every person owning real estate to which sanitary sewer service is provided shall allow the City or a designated representative of the City to inspect the buildings, if any, to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect such property, the owner may no later than 30 days after mailed written notice from the City that the property is subject to inspection, furnish a certificate from a licensed plumber in a form acceptable to the City, certifying that the property is in compliance with this Chapter. All inspections and inspection reports must include a date-stamped video record of the complete lateral line from the property to the sewer main. All inspections must be performed and reports completed in accordance with City standards and specifications. In lieu of having the City inspect the property, the owner may furnish a certificate from a licensed plumber in a form acceptable to the City, certifying that the inside of the property owner's home is in compliance with this Chapter, that the licensed plumber completing the certification was the individual who performed the inspection, that he or she is licensed to perform such inspections, and that the video record of the lateral line is accurate. The date-stamped video record shall be submitted to the City and reviewed and approved by the City for assessment of compliance with this section of the Code. The City may inspect or re-inspect any buildings to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system with a valid warrant. Section 3. Section 3.30 of the City Code is amended in Subdivision 3, subpart E, by adding the words "or failing to furnish a certificate certifying compliance with this Chapter from a licensed plumber in a form acceptable to the city as described in subdivision 3, sections (B) and (C)," in the second sentence after the words "receipt of mailed written notice from the City". Section 4. Section 3.30 of the City Code, Subdivision 2, subpart F, is added as follows: F. Unless the conditions are found to be hazardous to the inspected property or neighboring properties, any sanitary sewer inspections undertaken as a part of the City's Pavement Management Program shall be entirely voluntary and any conditions found not to be in compliance with this Chapter need not be repaired until the property is to be transferred and inspection is required under Section 3.31 of this Code. Section 5. Section 3.30 of the City Code, Subdivision 2, subpart G, is added as follows: G. In the event a foundation drain is connected to the sanitary sewer service it shall not only be disconnected but the property owner shall install a sump basket and pump properly discharged outside the structure to provide adequate drainage from the foundation drain system. Section 6. Section 3.31, Subdivision 2, subpart A of the City Code is hereby amended in the first sentence to read as follows: Unless the property owner already has a certificate of I & I compliance for a property, the owner or owner's representative is required to apply for a certificate and complete an inspection thereof before such property is offered for sale, gifted or transferred, and before the owner or owner's representative enters into any contract for deed or other transaction changing the party responsible for the property. Section 7. Section 3.31, Subdivision 3 of the City Code is hereby amended to read as follows: The applicant for a certificate of I & I compliance or sump pump inspection is responsible for providing an inspection of the property after making application and payment of fees. An inspection shall be made either (1) by the City or (2) by a licensed plumber to determine whether the property use is in accordance with City sanitary sewer service regulations, as provided in Section 3.30 of this Chapter. The entire property and all buildings on the property shall be made available for inspection. Section 8. Section 3.31, Subdivision 4, subpart B, is amended by deleting the second sentence thereof. Section 9. Section 3.31, Subdivision 4, subpart C, is amended by changing the words "he" to read "he or she" and "his" to read "his or her". Section 10. Section 3.31, Subdivision 4, subpart 0, is changed to read as follows: 2 If, within one year of the issue of a certificate of I & I compliance, the owner named on the certificate of I & I compliance does not agree to an inspection of the structure's sump pump, footing or foundation drain discharge, or furnish a certificate from a licensed plumber in a form acceptable to the City as described in Section 3.30, subdivision 3, sections (B) and (C), certifying that the property is in compliance with this Chapter, when required by Section 3.30, subd. 3(B) of this Chapter, the certificate is immediately void. Such inspections trigger the administrative sanctions found in Section 3.30, subd. 3 of this Chapter. Section 11. Section 3.31, Subdivision 7, is amended by changing its second sentence to read as follows: If, as a result of this inspection, the City inspector determines (or a licensed plumber certifies and the certified videotape is determined by the City to be compliant) that all violations of City sanitary sewer regulations have been corrected, the City shall immediately issue a certificate of I & I compliance. Section 12. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 13. This Ordinance shall take effect after its publication as required by law. Adopted by the City Council this _ day of ,2008. Linda R. Loomis, Mayor ATTEST: Susan Virnig, City Clerk 3 ORDINANCE NO. 400, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to the Master Fee Schedule for Sanitary Sewer Inspections and Compliance Fees The City Council for the City of Golden Valley hereby ordains: Section 1. The Master Fee Schedule in Chapter 25 of the City Code is hereby amended by adding the following: Reviewing residential video record Reviewing non-residential video record $100.00 $375.00 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this day of ,2008. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk