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
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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.
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BCWMC April 17, 2008 Meeting Minutes
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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,
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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.
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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
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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.
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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.
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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