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02-03-09 agenda packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber February 3, 2009 6:30 p.m. The Council may consider item numbers 1, 2, 3, 5 and 6 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 /\ppointment C. Proclamation for onegirloneride Day 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 - January 20, 2009 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement - Church of Christ the King 2. Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota D. Minutes of Boards and Commissions: 1. Planning Commission - January 12, 2009 2. Environmental Commission - November 24, 2008 E. Support for Funding Request by Five Cities Senior Transportation Project from 2009 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program 09-8 F. Authorization to Sign Patrol Officer (LELS Local 27) Agreement 4. PUBLIC HEARINGS 7:00 PM A. Public Hearing - Comprehensive Plan - Surface Water Management Plan Element 09-9 B. Public Hearing - Ordinance #414 - Conditional Use Permit 09-124 -721 Hampshire Avenue South - Imola Motorsports, Kevin Tan, Applicant C. Public Hearing - Ordinance #415 - Paved Surfaces/Patio Setback Requirements- Single Family (R-1) Zoning District D. Public Hearing - Ordinance #416 - Building Height Definition 5. OLD BUSINESS A. Second Consideration - Ordinance #413 - Amendment to 2009 Fee Schedule - Residential and Commercial Utility Rates ** B. Reset Date for City Council Annual Workshop 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT ** Amended Hey Memoran m City Administration/Council 763-593-3991/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 1. C. Proclamation for onegirloneride Day Prepared By Thomas Burt, City Manager Summary The City has received a request from Kerry Madgett to adopt a Proclamation for onegirloneride Day. E'leese Madgett-Manrique's goal is to raise money to create a working ranch where military men and women can go for free. E'leese plans to leave the Minnesota State Capital on Saturday, June 6,2009, for a horse ride through Golden Valley. The City of Plymouth also adopted the proclamation on January 6,2009. E'leese Madgett- Manrique and Kerry Madgett will be in attendance at the meeting Attachment Proclamation for onegirloneride Day (1 page) Recommended Action Motion to adopt Proclamation for onegirloneride Day. CITY OF GOLDEN VALLEY PROCLAMATION FOR onegirloneride Day JUNE 9, 2009 WHEREAS, E'leese Madgett-Manrique has committed herself to raising money to support United States military men and women; and WHEREAS, E'leese's goal is to raise money to create a working ranch, made up of several cabins where military men and women can spend time in a stress-free atmosphere and enjoy that time free of charge; and WHEREAS, to make her vision a reality, E'leese undertook a fundraising horse ride in 2008 and will do so again in 2009; and WHEREAS, E'leese plans to leave the Minnesota State Capital on Saturday, June 6, 2009, for a horse ride which will end on August 31,2009; and WHEREAS, E'leese's efforts will raise funds for "The Ranch"; and WHEREAS, the people of Minnesota have a long tradition of service and volunteering and E'leese Madgett-Manrique exemplifies that spirit; and NOW, THEREFORE, BE IT RESOLVED, that City Council of the City of Golden Valley hereby proclaims June 6,2009 as onegirloneride Day in the City of Golden Valley, and call upon local residents to join the Council in expressing our admiration of E'leese Madgett- Manrique's determination and commitment to honor the efforts of military men and women in Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 3rd day of February, 2009. Linda R. Loomis, Mayor Regular Meeting of the City Council January 20, 2009 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on January 20, 2009 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Kin Donat, Acting, City Attorney; and Judy Nally, Administrative Assistant. Fire Department Retirements: Firefiahter Larry Bourne and Battalion Chief Eric Sherman Mark Kuhnly, Chief of Fire and Inspection Services, introduced retired Firefighter Larry Bourne and Battalion Chief Eric Sherman and presented them with a Certificate of The Council thanked Larry Bourne and Chief Eric Sherman for their years of dedicated service to the community. Oath of Office - Firefiahters Christopher Ferris, Anthonv O'Donahue, Paul Peterson and Brian Schiebe Mark Kuhnly, Chief of Fire and Inspections Services, introduced the newest Firefighters Christopher Ferris, Anthony O'Donahue, Paul Peterson and Brian Schiebe. Mayor Loomis gave the oath of office to Firefighters Christopher Ferris, Anthony O'Donahue, Paul Peterson and Brian Schiebe. The Council congratulated Firefighters Ferris, O'Donahue, Peterson and Schiebe. Approval of Aaenda MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the agenda of January 20, 2009 as amended: Addition of Appointment to Human Services Foundation and Change to Issuance of On Sale Wine, Strong Beer and Sunday Sale Liquor License for Hastings Enterprises Corporation d/b/a Martini's Graffiti Grille. Approval of Consent Aaenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the agenda of January 20,2009 as amended: Addition of Appointment to Human Services Foundation and Removal of Skid Loader and Asphalt Cold Planer - Quotes; Unmarked Police Vehicle - Quotes and Squad Cars - Quotes. Regular Meeting of the City Council January 20, 2009 Page 2 *Approval of Minutes - Approval of Minutes - City Council Meeting - January 6.2009 and Council/Manager Meeting - January 13. 2009 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the City Council Meeting minutes of January 6, 2009 and the Council/Manager Meeting minutes of January 13, 2009. *Approval of Check Register MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the check register as submitted. *General Business Licenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the issuance of licenses as recommended by staff. *Gambling License Exemption and Waiver of Notice Reauirement - Tuberous Sclerosis Alliance MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Tuberous Sclerosis Alliance. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - December 8, 2008 Envision Connection Project Board of Directors - December 18, 2008 Bassett Creek Water Management Commission - November 19, 2008 Quotes - Skid loader and Asphalt Cold Planer; Unmarked Police Vehicle and Sauad Cars Council Member Pentel requested these items be considered after the City Council Annual Workshop, scheduled for February 7,2009, as the Council will be discussing the financial status of the City. Thomas Burt answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to table consideration of Quotes for Skid Loader and Asphalt Cold Planer; Unmarked Police Vehicle and Squad Cars until the February 17, 2009 City Council meeting. Regular Meeting of the City Council January 20, 2009 Page 3 *Appointment of Commissioners to the Bassett Creek Water Management Commission Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-3 RESOLUTION APPOINTING LINDA R. LOOMIS AS COMMISSIONER AND DAVID W. HANSON AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WATER MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. * Amendments to Pavement Management Policy Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-4 RESOLUTION AMENDING THE CITY'S PAVEMENT MANAGEMENT POLICY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. * Amendments to Special Assessment Policy Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-5 RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council January 20,2009 Page 4 *Council Liaisons and Other Assianments MOVED by Pentel, seconded by Freiberg and motion carried to make the following appointments: Council Liaisons Board of Zoning Appeals Building Board of Review Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Shaffer, Pentel Pentel Freiberg ,Pentel, Loomis Loomis, Scanlon Scanlon, Freiberg Scanlon, Shaffer Freiberg, Shaffer Other Assiqnments Douglas Drive Task Force Northwest Hennepin Human Services Council Executive Board Northwest Metro Transit Study Task Force Northwest Suburbs Cable Communications Commission Robbinsdale School District 281 Government Advisory Committee Freiberg, Scanlon & Shaffer Freiberg Loomis Pentel, Loomis Loomis, Shaffer Loomis Shaffer, Delegate Loomis, Alternate Pentel Scanlon Shaffer Scanlon Golden Valley Historical Society Board Member Hopkins School District 270 Cities Joint Monthly Meetings 1-394 Joint Task Force Joint Water Planning and Governance Task Force Legislative Liaison and Spokesperson Metro Cities *Adoption of Policies: Snow Plowina and Ice Control and Sidewalk and Trail Maintenance Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-6 RESOLUTION AUTHORIZING APPROVAL OF THE SNOW PLOWING AND ICE CONTROL POLICY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council January 20, 2009 Page 5 *Adoption of Policies: Snow Plowing and Ice Control and Sidewalk and Trail Maintenance ~ Continued Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 09-7 RESOLUTION AUTHORIZING APPROVAL OF THE SIDEWALK AND TRAIL MAINTENANCE SNOW REMOVAL POLICY The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co., P.A. for 2008 Audit Services MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for 2008 audit services for $43,450. Continued Public Hearing ~ First Consideration ~ Ordinance #412 ~ Electric Franchise ~ Northern States Power d/b/a Xcel Energy Thomas Burt introduced the agenda item and answered questions from the Council. Jeannine Clancy answered question from the Council. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Ken Lando, 1890 Hampshire Circle North, asked for a review of the proposed ordinance and had questions regarding the fees to be charged. Audrey Hurd, 1446 Unity Avenue North, stated she is concerned that it will be an open- ended fee, feels it will be a nebulous use, wanted to know if we really need to charge the fee now; stated people are on a fixed income and are feeling the financial pressure of the times; feels that just because other cities use franchise fees doesn't mean we need to; feels that if it is adopted that some specifics be included in the ordinance. The Mayor closed the public hearing. MOVED by Shaffer to adopt Ordinance #412 - Electric Franchise - Northern States Power d/b/a Xcel Energy. Motion died due to a lack of a second. Regular Meeting of the City Council January 20, 2009 Page 6 Continued Public Hearina - First Consideration - Ordinance #412 - Electric Franchise- Northern States Power d/b/a Xcel Enerav MOVED by Freiberg to direct staff to come back with an alternative ordinance incorporating a three year sunset provision and more specific language regarding the use to which the funds would be put specifically related to Douglas Drive and the utilities involved with that project. Motion died due to a lack of a second The Council did not consider Ordinance No. 412, Requiring an Electric Franchise Fee from Northern States Power D/B/A Xcel Energy for Providing Electric Service within the City of Golden Valley. Staff was requested to bring the item back in six months to a Council/Manager Meeting. Issuance of On Sale Wine, Strona Beer and Sunday Sale liQuor License for Hastinas Enterprises Corporation d/b/a Martini's Graffiti Grille Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the Council. Kim Donat answered questions from the Council. Rachelle Martini, representing owner, had questions regarding what else is required to be submitted to the City. MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the issuance of On Sale Wine, Strong Beer and Sunday Sale liquor licenses to Hastings Enterprises Corporation d/b/a Martini's Graffiti Grille, located at 2520 Hillsboro Avenue North, subject to compliance with insurance requirements. First Consideration - Ordinance #413 - Amendment to 2009 Fee Schedule- Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates The following ordinance was MOVED by Pentel, seconded by Scanlon: ORDINANCE NO. 413, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates Sue Virnig, Finance Director, introduced the agenda item and answered questions from the Council. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve on First Consideration, Ordinance #412, 2nd Series. Upon a roll call vote, the vote was as follows: FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES Regular Meeting of the City Council January 20, 2009 Page 7 Announcements of Meetings A Bassett Creek Water Management Commission will be held on January 15, 2009 at 11 :30 am. Some Council Members may attend the Wellness Kickoff Luncheon and Employee Recognition Event on January 21, 2009 from 11 :30 am to 1 pm. The next City Council meeting will be held on February 3, 2009 at 6:30 pm. The City Council Annual Workshop will be held on February 7,2009 at 9 am at the Brookview Grill. Some Council Members may attend the Douglas Drive Task Force meeting on February 10, 2009 at 7:15 am at City Hall. The next Council/Manager meeting will be held on February 10, 2009 at 6:30 pm. The Douglas Drive Task Force will meet on December 9,2008 at 7:15 am at City Hall. Mavor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 7:21 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Bey M morandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 3. B. 1. 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. alley Mem rand m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley Memorandum City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Church of Christ the King Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Church of Christ the King requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of Christ the King. 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. Page 1 of 2 9/08 Fee is $50 for each event For Board Use Only ORGANIZATION INFORMATION Organization name Previous gambling permit number Church of Christ the King X-27215-08-001 Type of nonprofit organization. Check one. I c I Fraternal 11&11 Religious I [] I Veterans I c I Other nonprofit organization Mailing address City State Zip Code County 5029 Zenith Ave S Minneapolis MN 55410 Hennepin Q Name of chief executive officer (CEO) Daytime phone number Email address Dale J Korogi 612-920-5030 djkorogi@ctkmpls.org Attach a copy of ONE Gfthe following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal 10 employer numbers as they are not proof of nonprofit status. I cl Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 ~ 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, have an organization officer contact the IRS at 877-829-5500. [g] IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. [g] IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Metropolitan Club Address (do not use PO box) City Zip Code County 5418 Wayzata Blvd Golden Valley MN Hennepin (~ Date(s) of activity (for raffles, indicate the date of the drawing) April 25, 2009 to Check the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo* 1&1 Raffles o Paddlewheels* o Pull-Tabs* o Tipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and I Also complete 1.1 paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. IP~i~tt=~r61 To find a licensed distributor, go to www.gcb.state.mn.us and dick on List 1~~$~~9rml of Licensed Distributors, or call 651-639-4076. Check # $ LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, a city official must check (X) the action that the city is taking on this application and sign the application. X'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 (60 days for a 1st class city). _The application is denied. Print city name If) ~ e. On behalf of the city, I acknowledge thi application. Date~' lIP ,!!1- CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application i '00 financial report will be completed and retu d Chief executive officer's signature Complete a separate application for each gambing activo - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: a copy of your proof of nonprofit status, and $50 application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Page 2 of2 9108 If the gambling premises is located in a township, a county official must check (X) the action that the county is taking on this application and sign the application. A township official must also sign the 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 official receiving application Title Date-, , TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within 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 -' , rate to the best of my knowledge. I acknowledge that the .n 0 days of the daf\..of our gamblinfl. activity. I-I s:- frT Dat ancial 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. , Print Form I I. . Reset F:orm Data privacy. This fonn will be made available in the Board win be able to process your alternative fonnat (j.e.large print, Braille) upon application. Your name and and your request The infonnation requested on this form organization's name and address will be public (and any attachments) will be used by the information when received by the Board. All Gambling Control Board (Board) to detennine your the other information you provide will be private qualifications to be involved in lawful gambling data until the Board issues your permit. When activities in Minnesota. You have the right to the Board issues your permit, all of the refuse to supply the infonnation requested; information provided to the Board will become however, if you refuse to supply this infonnation, public. If the Board does not issue a pennit, all the Board may not be able to detennine your information provided remains private, with the qualifications and, as a consequence, may refuse exception of your name and your organization's to issue you a pennit. If you supply the na.me and address ~ich will remain public. infonnation requested, Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Finance, and Revenue; Legislative Auditor, 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; indMduals 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. CHURCH OF CHRIST THE KING January 15,2009 Judy Nally Golden Valley City Offices 7800 Golden Valley Road Golden Valley, MN 55427 RE: GAMBLING LICENSE FOR APRIL 25, 2009 TO BE HELD AT THE METROPOLITAN CLUB, GOLDEN VALLEY, MN. Attn: Mayor and city Council In reference to our Application for the Authorization for an Exemption for Lawful Gambling License, The Church of Christ the King requests that you please waive the usual 30-day waiting period. Your consideration is appreciated. 5029 ZENITH AVENUE S.OUTH . MINNEAPOLIS., MN 55410 . PHONE: 612.920.5030 . FAX: 612.920.1179 Hey M morand m City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 3D-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Open Arms of Minnesota 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 Open Arms of Minnesota. 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. OftG~NI~"'fON.fNFt)RMA""ON Page 1 of 2 9108 Fee is $50 for each event For Board Use Only Check # Organization name Previous gambling permit number ~~ ~ d;? (""r\ ~ y. - 0 G, - D<<6 - Ol9 Type 0 nonprofit organization. Check one. [Q] Fraternal I DI Religious lolveterans I ~I Other nonprofit organization Mailing address City State Zip Code County \L\. ~ -:+r~L~'" ~ \~ ,\",-r..) e;~q ~ Name of chief executive officer (CEO) Daytime phone number Email address V' ~~\~E> ...,.......,. -e-\:) \","", L0 \ W""\ 'C..J ~ \ ';)... - ~ 1 ").. - \ \ ~ <... e..."",o...r-,,,",~ . Atta~hacqpv<>fO.fst. of tile following for proof of honprOfif$tatLJ$.~h~~"e. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. I D I 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 [gJ 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, have an organization officer contact the IRS at 877-829-5500. g IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. [QJ IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES IN FORMA liON Name of premises where gam61ingac1:llIitywUl be conducted (for raffles, list the site where thedfawirig willitake plaCe) bD\d.~ Do....\ \-e.,-\ C.OL>r"\.~'-t~.E:> Address (do not use PO box) \. City - Zip Code County 00\ bO~d CL\.\.-e.. \2o~ C!:x>\A~~~ Date(s) of activity (for raffles, indicate the date of the drawing) to "5 , '<-\ 0 ~ heck the box or boxes that indicate the type of gambling activity your organization will conduct D Bingo. '64:Raffles 0 Paddlewheels. D Pull-Tabs. D Tipboards. * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling 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.u$ and click on List of Licensed Distributors, or call 651-639-4076. Also complete Page 2'of this form. - LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMeNT ACKNOWLED~ENT If the gambling premises is within city limits, a city official must check (X) the action that the city is taking on this application and sign the 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 a1st class city). _The application is denied. Pri,lcity ,ame (};tfldtn V 411e~ On behalf of the city, I acknowledge this appli. tion. oate~ Zq ,~ CHI!F EXECUTIVE OFFICER'S SIGNATURE Page 2 of 2 9/08 If the gambling premises is located In a township, a county official must check (X) the action that the county is taking on this application and sign the application. A township official must also sign the 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 official receiving application Oate_'_'_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.213, subd. 2)] Print township name Title Signature of township official acknowledging application Title Oate-l_'_ The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and return to ~oard within 30 days of the date of our gambling activity. Chief executive officer's signature ' Z~ Date Ii ~ 7 'P Complete a separate application for each gambing activity: - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: a copy of your proof of nonprofit status, and $50 application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Financial report and recordkeeplng 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. 1~;,~<\\_;::1'1 ":'-'il~,,!.y,'S:.F;'~.;;;'-':'.,"~ ,., "--' - .~ . .. ,:".,.",'.,,;;;~~ ,'- ,,,.-~.. .... ~-. .-- . .- -. ",.",;", If'7"~'1 >>';:;;~#'''''i>'' - '. . ,--.-.,.:.".,:..;/,'\-- ~,,,} .,..' -;_~; __' ". - '.. -. - .~. "i;i;.. Data privacy. This form will be made available in alternative 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. Vllhen 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; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the 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. JAN-29-2009 10:07 FROM:OPEN ARMS OF MINNESO 6128720866 TO: 7635938109 January 29, 2009 Judy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley. MN 55427 Dear Judy: ^ IPII ill~i $ If I'HISOll Open Arms of Minnesota will host our annual Moveable Feat fundralsing event at the Golden Valley Country Club on Thursday, May 14th, 2009. We are requesting to hold a raffle at this event and respectfully request that the City Council waive the customary 30- day waiting period for the exemption for lawful gambling pennit required for this type of event. Thank you for your consideration. r\ " Sincerely, ~ \ V'- ~ ,- ~i;j;;:WYk ~'v~ . Deputy Director - '\ Open Anns of Minnesota 1414 Franklin Avenue East Minneapolis, MN 55404 Telephone: 612.872-11 S2 Fax: 612.872.0866 www.openarmsmn.org P.2/2 Regular Meeting of the Golden Valley Planning Commission January 12, 2009 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, January 12, 2009. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Director of Public Works Jeannine Clancy and Administrative Assistant Lisa Wittman. 1. Approval of Minutes December 8, 2008 Regular Planning Commission Meeting MOVED by Waldhauser, seconded by Eck and motion carried unanimously to approve the December 8, 2008 minutes as submitted. 2. Informal Public Hearing - Comprehensive Plan Amendment - Surface Water Management Plan Element Applicant: City of Golden Valley Purpose: To recommend approval the Surface Water Management Plan Element of the Comprehensive Plan Hogeboom introduced Karen Chandler from Barr Engineering. He explained that the Comprehensive Plan is in its final review stage however the Surface Water Management Plan serves as a stand-alone document as well as a chapter of the Comprehensive Plan and therefore needs separate approvals. Cera asked if it is too late to suggest changes to the plan. Hogeboom said no, the plan is still in draft form and changes could still be made. Eck referred to the staff report and noted that the plan needs to be approved in 120 days which is rapidly approaching. Clancy explained that staff is going by the Minnehaha Watershed District approval date so they are still within the 120-day approval deadline. Chandler explained that the proposed surface water management plan has already been reviewed as required by the Bassett Creek and Minnehaha watershed districts and also by the Metropolitan Council. Chandler referred to a PowerPoint presentation and stated that she was going to give an overview of the Surface Water Management Plan, talk about the approval process, regulatory requirements, key issues and policies and implementation. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 2 Chandler discussed the overall purpose of the plan including: communicating water resource policies, providing technical information as a resource for staff, residents and officials, addressing redevelopment issues and opportunities, planning and budgeting and fulfilling regulatory requirements. Chandler stated that there are six chapters in the Surface Water Management Plan and discussed three of them as follows: the Executive Summary, the Goals and Policies and Implementation. Chandler stated that the Surface Water Management Plan is also a tool to meet other requirements such as MN Pollution Control Agency requirements, Metropolitan Council requirements and MN Department of Health requirements. She referred to a map of impaired waters in the City and showed a table listing how those waters are impaired. She discussed the implementation plans to improve the water quality. Chandler referred to the key issues affecting the City including: meeting water quality and quantity standards and solving existing problems through redevelopment, rehabilitation, city improvement and maintenance. She stated that some of the key goals and policies include: water quality, streams, flood control and recreation habitat and shoreland management. She explained that some of the ways to improve surface water quality include: improving the performance of the existing stormwater system, developing a program to systematically inspect, clean and repair the system and to implement, along the 1-394 corridor, "Guiding Principal 8" from the 1-394 Corridor study which involves low impact development, permeable pavement, green roofs, etc. Cera stated he would like to see low impact development techniques used everywhere in the City, not just on parcels in the 1-394 Corridor area. Chandler said that the plan encourages these techniques throughout the City, but there is a focus on implementing them in the 1-394 Corridor. Chandler discussed other policies in the plan that will improve runoff quality such as: developing a program to manage, monitor and enforce private stormwqter facility agreements, reducing annual phosphorus loading, require runoff from new developments to meet the watershed treatment standards and develop a stormwater management ordinance. Chandler stated that another important goal of the plan is to improve or maintain the quality of the water bodies in the City by identifying opportunities to maintain the water quality of Twin Lake, achieve management goals for Sweeney Lake and cooperate in preparing TMDL studies and implementing recommendations. The next goal Chandler discussed was improving the quality and reducing the volume of stormwater runoff that reaches Bassett Creek by reducing impervious surfaces through ordinance changes and best management practices, updating creek inventory for erosion problems and encouraging restoration of streambank areas. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 3 Chandler referred to a flood inundation map and discussed the goal of flood control. She discussed some of the ways to reduce flooding including: controlling rates during redevelopment, enforcing the flood plain management ordinance, consider dedicating funds to purchase homes currently in the floodplain and prohibiting new obstructions in the floodplain. Chandler discussed the goal of recreation, habitat and shoreland management and improving the quality and aesthetics of water resources by developing buffers on city property and encouraging buffers on non-city property. Chandler discussed the implementation tools including the Stormwater Pollution Prevention Program (SWPPP), stormwater utility, ordinances, plan approvals and permits, Wetland Conservation Act administration and maintenance. She added that the Watersheds also have tools to help implement this plan such as: physical improvements and maintenance, studies, taxes (Ad Valorem), development review and leading TMDL studies. Kluchka asked about the funding sources for the projects listed in this plan. Chandler stated that money for some of the projects come from the Bassett Creek Water Management Commission and from property taxes. Clancy added that all property owners pay utility fees which help fund the projects as well. Kluchka asked if there is any risk of projects not getting done in the case of budget constraints. Clancy stated that the projects are approved on an annual basis through the Capital Improvement Plan. Cera referred to page 10-14 of the plan which discusses implementing a program to control construction site debris. He questioned if Golden Valley will be setting up a recycling program for construction site debris. Grimes said staff is looking at ways to require a certain amount of recycling and to make sure construction site debris is disposed of as "greenly" as possible. Kluchka asked what specific things are changing that might impact the work of the Planning Commission. Clancy explained that there aren't projects specifically geared toward the Planning Commission but more toward the City in general such as the TMDL studies, working with the Minneapolis Park Board regarding the water quality of Wirth Lake, protecting Twin Lake, Lake Hiawatha and Lake Pepin. She added that the Planning Commission will also be involved in writing ordinances that use more "green" technology such as solar and wind energy and collecting rain water. Grimes stated that as projects are reviewed staff will address a lot of the issues that are in the Surface Water Management plan. Kluchka referred to page 10-10, number 19 regarding the guiding principles from the 1-394 Corridor study. He asked how those principles can have a broader impact in the City other than just in the 1-394 Corridor area. Hogeboom stated that staff has formed a "Green Team" to look at new ordinances and incentives. Cera suggested striking the last four words "for the 1-394 Corridor" in number 19. Grimes asked if the Minutes of the Golden Valley Planning Commission January 12, 2009 Page 4 Commissioners would rather have it say "throughout the City". Clancy said she doesn't see a concern with amending the last sentence but that she would like to have the opportunity to talk to the rest of the staff before changing it. Waldhauser said when she was reading this plan she was looking for a shift from encouraging water retention and pond maintenance to encouraging infiltration and she did notice a subtle shift. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by Waldhauser, seconded by Cera and motion carried unanimously to recommend approval the Surface Water Management Plan Element of the Comprehensive Plan 3. Informal Public Hearing - Conditional Use Permit - 721 Hampshire Avenue South - CU-124 Applicant: Imola Motorsports, Kevin Tan Address: 721 Hampshire Avenue South Purpose: To allow an auto repair/maintenance business in the Mixed Use zoning district Grimes explained that the applicant is proposing to use approximately 10,000 square feet of the building located at 721 Hampshire Avenue South for the repair and maintenance of high end vehicles. He noted that this property has been used in the past for automotive types of businesses. Grimes stated the property was previously zoned Industrial but as of December 1, 2008 the property was rezoned to Mixed Use. The application was submitted before December 1, 2008 so it can be considered under the Industrial zoning district requirements. Grimes stated that there will be no auto body work allowed. He noted that according to the applicant, the cars will be stored inside the building. There will be 5 to 10 employees, and the hours will be 9 am to 9 pm. Grimes said that staff is in support of this proposal. Keysser asked about the length of the lease. Grimes said that the applicant has a three-year lease. Keysser asked what would happen to the Conditional Use Permit if the applicant's lease is not renewed after three years. Grimes explained that the Conditional Use Permit would continue with the property as long as the same type of Minutes of the Golden Valley Planning Commission January 12, 2009 Page 5 business goes in the space and there is not more than a 6 month gap between owners. Keysser asked Grimes if staff has any environmental concerns with this use. Grimes said no because the building is already set up to be used for automotive repair. Kluchka asked if the Conditional Use Permit is issued to the property owner or to the applicant. Grimes said it is issued to the applicant, but that the owner of the property signed the application giving the applicant permission to ask the City for a Conditional Use Permit. Kluchka asked what would happen to this proposal if the applicant would have applied after December 1, 2008. Grimes explained that if there wasn't a 6 month gap between owners the applicant could have opened his business with no City approvals. He added that the City Council delayed the adoption of the Mixed Use zoning district, in part, to offer business owners the chance to "get in" before the Zoning Code changes went into effect. Kluchka asked what potential impacts there would be if this proposal was submitted in 2009. Grimes stated that this proposal would not be permitted in the Mixed Use zoning district. Kluchka asked if there have been any other applicants turned away due to the requirements of the Mixed Use zoning district. Grimes stated that this has been the first proposal in the Mixed Use zoning district. Kevin Tan, Applicant, explained that there is a unique market to do high end automotive repair and maintenance and that is the type of customer they will cater to. He reiterated that there will be no cars parked outside, other than employee cars and that there will be no auto body work. Keysser asked the applicant if he is going to be buying and selling cars too. Tan said no he will only being doing maintenance and repair. Eck asked the applicant if this is a new business for him. Tan stated that he has always done this type of work on the side, but having a separate business will be new to him and he already has approximately 120 customers. Eck asked about the exhaust system in the building. Tan said there is a full exhaust system in the building. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. McCarty said he is in support of this proposal. Eck said it is interesting that if this proposal was brought forward today it would not be allowed but the building has been used as a transmission shop for years. He said Minutes of the Golden Valley Planning Commission January 12, 2009 Page 6 he is in support of the proposal because this use in this location won't impact anyone. Cera agreed. Waldhauser said her only concern is what might be adjacent to this property in the future especially if it is residential. Kluchka said he thinks this will be a good transitional use and he is in support of the proposal. He added that hopefully Borton (the building owner) will think about other mixed uses in the future. MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend approval of an auto repair/maintenance business at 721 Hampshire Avenue South with the following conditions: 1. Imola Motorsports Inc. will operate in the south 70 ft. by 150 ft. portion of the building at 721 Hampshire Ave. S. 2. All signage shall meet the requirements of the City sign code for the Industrial zoning district. 3. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official. 4. The applicant will keep the overhead door closed except when bringing vehicles into the building. 5. The memo from Deputy Fire Marshal Ed Anderson and dated December 8, 2008, is attached and his recommendations shall become a part of this approval. (Please note that the Deputy Fire Marshal mistakenly thought that there would be auto body work and painting done by Imola.) 6. Only auto repair shall be done by Imola. No body work or painting shall be permitted. 7. All other applicable state, local and federal requirements shall be met. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. 4. Informal Public Hearing - Zoning Code Amendment - Paved Surface/Patio Setback Requirements in the Single Family (R-1) Zoning District Applicant: City of Golden Valley Purpose: To amend the R-1 Single Family Zoning District in regard to paved surface/patio setback requirements Hogeboom stated that staff is recommending the zoning code be amended to require that patios and paved surfaces be required to be setback 3 feet from side yard property lines as are driveways. He explained that the reason for this requested amendment is that there was recently an applicant at the Board of Zoning Appeals who wanted to replace his existing driveway and call a portion of it a patio so that he Minutes of the Golden Valley Planning Commission January 12, 2009 Page 7 could construct it right up to the property line. He stated that he asked several cities about their requirements for paved surfaces and the most common response was a 5-foot setback requirement for paved surfaces. He stated that staff is asking the Planning Commission to recommend approval of requiring a 3-foot setback for all paved surfaces because that would be consistent with the driveway requirements. Keysser asked how the proposed ordinance language would allow for pervious pavers. Waldhauser reminded the Commission that pervious pavers were discussed during the "infill housing" discussions they've had in the past. At that time it was agreed that only 40% of the front yard may be covered with concrete, bituminous pavement, or pavers of any kind. Hogeboom stated that staff will be looking at requirements for pervious pavers separately. Waldhauser stated that she would like to see patios have a 5-foot setback requirement because decks and accessory structures are typically 5 feet away from the property lines and 5 feet would allow enough room for screening with plants. Grimes added that if a deck is attached then it has to follow the same setback requirements as the principal structure, which is more than 5 feet, depending on the width of the lot. Kluchka suggested using the same setback requirements that are used for structures. Grimes stated that a side yard setback could be up to 20 feet depending on the height of a structure and that could create a hardship on many lots. Cera said he would like to have different setback requirements based on the width of a lot. McCarty said he would prefer a 5-foot setback requirement for patios. Grimes stated that one issue with patios is that they don't require a building permit so it is going to be hard to regulate these setbacks. Grimes suggested requiring different setbacks for different lot widths such as requiring a 5 foot setback for driveways and paved surfaces on lots over 100 feet in width and a 3 foot setback for narrower lots. Schmidgall said he is in favor of requiring a 3-foot setback as recommended by staff. Hogeboom questioned if sidewalks should also have a setback requirement. Waldhauser asked about the side yard setback requirements for parking pads located next to garages. She reiterated that she would like the setback for paved surfaces to be 5 feet so there is enough room to provide for some screening with plants. Keysser referred to the proposed ordinance and suggested paragraph A just read "driveways shall be paved", the word "bituminous" can be removed and the word "sidewalk" could be added. McCarty suggested saying "paved areas in the R-1 zoning district shall be governed by the following provisions" because that would include every paved area. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 8 Kluchka asked about gravel and if a homeowner could "gravel" their entire side yard. Grimes said yes, people could use landscape rock or gravel in their side yards, but driveways have to be paved. McCarty referred to paragraph A regarding materials and suggested that the word "driveways" be replaced with the words "paved areas". Schmidgall stated that the word driveway needs to be in that paragraph because driveways are required to be paved. Kluchka asked about the requirement for air conditioner pads. Grimes stated that air conditioning units have to be located in the side. or rear yard, not the front yard. Eck questioned if an area made of gravel or wood chips could go right to the property line. Keysser said yes because those are not paved surfaces. Cera suggested language saying that driveways, patios, sidewalks, etc. cannot be located closer than 3 feet to the property line and not mention "paved surfaces" at all. The commissioners agreed that only paved surfaces would need to have setback requirements. Grimes suggested saying all paved areas shall be setback 3 feet from the property lines and all driveways must be paved. Kluchka suggested defining "paved areas". Waldhauser suggested language right at the beginning defining paved areas as those areas constructed of concrete, bituminous pavement, or pavers. Paragraph A would state that driveways must be paved. Paragraph 8 would be the setback requirements for all paved areas and Paragraph C would be about coverage. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval to amend the language in the R-1 Single Family Zoning District regarding paved surface/patio setback requirements as follows: 1. Add a definition for paved areas as follows: paved areas are those constructed of concrete, bituminous pavement, or pavers. 2. Subdivision 19(A) states that all driveways shall be paved. 3. Subdivision 19(8) states that paved areas shall be setback 3 feet from a side yard property line. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 9 5. Informal Public Hearing - Zoning Code Amendment - Regarding Definition of "Building Height" Applicant: City of Golden Valley Purpose: To amend the definition of Building Height in the City Code Hogeboom stated that staff is asking to amend the zoning code's definition of building height. He explained the reason staff is asking for this amendment is because recently there was a home that was torn down and the building department's policy establishing the grade for a new home was in conflict with the zoning code's definition for establishing the grade. Grimes added that the floor elevation of a garage needs to be two feet above the centerline of the street in order to provide for proper drainage. In this particular case the grade of the lot was lower than the street and the zoning code (with the new infill development rules) states that the grade for a new home can only be raised 1 foot above the previous grade of the former home. He stated that there are some situations where the grade needs to be brought up more than 1 foot to provide for adequate drainage. Waldhauser said she thought there was an exception in the zoning code that allowed staff to decide if the grade could be raised as necessary to allow for proper drainage. Kluchka stated he remembered staff saying during the discussions regarding infill development that allowing 1 foot of increased grade would be enough. Cera said he would like the language to remain as is with the addition of saying that an exception could be made in order to allow for proper drainage. That way a homeowner couldn't say they needed to add 10 feet of fill in order to make the lot drain properly. Grimes said he thinks allowing for an exception when needed for proper drainage is really what staff is trying to accomplish. Kluchka asked if needing to fill a lot more than 1 foot could be considered a hardship. Grimes stated that in this case the homeowner wasn't asking to put in more fill; staff was telling them they had to bring the grade up in order to get proper drainage. Kluchka suggested requiring the homeowner to obtain a variance or adding language to the code that requires staff to make a finding when the City requires the grade to be increased more than the code allows. Keysser said he would be comfortable keeping the language as it is with the addition of allowing the Director of Public Works to decide if there needs to be an exception to allow for proper drainage. The Commissioners agreed. McCarty noted that the last sentence in the definition of building height is redundant to definition 8.5 and should be struck. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 10 Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by McCarty, seconded by Cera and motion carried unanimously to recommend approval to amend the definition of Building Height in the City Code as follows: 1. Add language stating that the Director of Public Works can set the grade of a lot where a house has been demolished higher than 1 foot above the previous grade if drainage issues exist. 2. The last sentence in definition 12 should be struck because it is redundant to definition 8.5. -Short Recess- 7. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Kluchka noted that at the last Planning Commission meeting they tabled the consideration of the Redevelopment Plan for the Douglas Drive Redevelopment Project Area, but they neglected to table it to a specific date. Waldhauser added that the Planning Commission didn't really have the power to table that item and that the details of that document were not for the Planning Commission to review. They were just supposed to decide if it was consistent with the Comprehensive Plan or not. Grimes stated that the HRA will be discussing this item at their next meeting and they will be reviewing what the Planning Commission discussed. 8. Other Business Cera told the Commissioners that Duke Realty is having a neighborhood open house on January 13 at 6:30 pm regarding their West End Towers development. 9. Adjournment The meeting was adjourned at 9:07 pm. Lester Eck, Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes November 24, 2008 Present: Commissioners Anderson, Baker, Chand lee, Hill, St. Clair and Stremel. Also present were Jeannine Clancy, Public Works Director; AI Lundstrom, Environmental Coordinator; and Lisa Nesbitt, Administrative Assistant. Absent: Commissioner Pawluk 1. Call to Order Anderson called the meeting to order at 7:00 pm. 2. Approval of Regular Meeting Minutes - October 27.2008 MOVED by St. Clair, seconded by Chand lee, and the motion carried unanimously to approve the minutes of the October 27,2008 meeting. 3. TMDL Presentation Ron Leaf from SEH updated the Commission on the TMDL study being conducted at Sweeney Lake. Data collection is complete. The next step is to meet with all the stakeholders and then hold a public meeting. A copy of the project progress update report is on file. 4. Mavor's Climate Protection Agreement . Measurement - Lundstrom recently attended a workshop that included various groups trying to help cities reduce their carbon footprint. He will be contacting a couple of the groups. Clancy explained the staff has to review any new programs very carefully as resources are limited. . Education articles - Staff sent information to Pawluk regarding the Remodeling Fair. Chand lee will follow up with Pawluk. Baker reported that DiGiacomo Homes recently won the National Forestry Council Stewardship Award for a home built on Janalyn Circle. Baker will ask the developer if he would be interested in speaking at the Remodeling Fair. . Green Committee - The City Manager has asked a few people on staff to think of some "green" initiatives that could conflict with city codes. Some of the potential code revisions will be brought to the Environmental Commission. 5. Approval of 2009 Meeting Schedule MOVED by Hill, seconded by St. Clair, and the motion carried unanimously to approve the 2009 meeting schedule. All meetings will be the fourth Monday of the month with the exception of May and December when the meeting will be on the third Monday of the month. Minutes of the Environmental Commission November 24, 2008 Page 2 of 2 4. Proaram/Proiect Updates III - Point of Sale appointments have slowed down. Another letter inviting residents in the 2009 PMP area to have an III inspection, will be sent out next week. Private Development Updates - Nothing new. 5. Commission Member Council Reports None. 6. Other Business None. 7. Adiourn MOVED by St. Clair, seconded by Hill, and the motion carried to adjourn. The meeting was adjourned at 8:30 pm. The next scheduled meeting will be on December 15, 2008 at 7:00 pm. alley Memorand m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 3. E. Support for Funding Request by Five Cities Senior Transportation Project from 2009 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program Prepared By Mark Grimes, Director of Planning and Development Summary In 1985, the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project. This service provides transportation to seniors for trips for shopping, dining, senior clubs, doctor appointments and other senior activities. The service is funded by donations from the riders and from the five cities of Golden Valley, Crystal, Robbinsdale, New Hope and Brooklyn Center. From 1985 to 2003, the City of Golden Valley used a portion of its Community Development Block Grant (CDBG) funds that were allocated to Golden Valley through the Urban Hennepin County CDBG Program to pay its share of the project. In 2004, the City was informed that it no longer had a specific allocation dedicated to Golden Valley due to the changes to its population documented in the 2000 Census. Therefore, CDGB funds for the Five Cities Senior Transportation Project now come out of the consolidated pool portion of funds that are part of the Urban Hennepin County CDBG Program. (The consolidated pool funds are those funds available for eligible projects from cities in Hennepin County that do not have a specific allocation.) In 2005,2006,2007 and 2008, the Five Cities project was successfully supported by the consolidated pool with support from Golden Valley and other cities. Since the City of Golden Valley has been a staunch supporter of this Project since its inception and because it supports transportation needs of seniors in the City, staff is recommending that the City Council again support the direct funding request by Five Cities Senior Transportation from the consolidated pool. Any funds received from the consolidated pool would reduce the amount of funds that the City will have to provide to keep the service operating. The 2009 Golden Valley obligation for this service is $13,700 as determined by the Five Cities Senior Transportation Executive Committee. Attachments Memo from Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale dated January 16,2009 (2 pages) Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2009 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program (1 page) Recommended Action Motion to adopt Resolution Supporting Funding Request by Five Cities Senior Transportation Project from 2009 Consolidated Pool - Urban Hennepin County Community Development Block Grant Program. ~ City of Robbinsdale 4100 Lakeview Avenue North Robbinsdale. Minnesota 55422-2280 Phone: (763) 537-4534 Fax: (763) 537-7344 www.robbinsdalemn.com MEMORANDUM TO: Lisa Whitman, City of Golden Valley FROM: Rita DeBruyn, Senior Program Coordinator, City of Robbinsdale DATE: January 16, 2009 SUBJECT: CDBG Request for Five Cities Senior Transportation Five Cities Senior Transportation provides older adult transportation under a 1985 Joint Powers Agreement between the cities of Brooklyn Center, Golden Valley, New Hope, Crystal and Robbinsdale. . The Five Cities Senior Transportation Executive Committee comprised of City Managers of each of the five cities has approved the sum of $13,700.00 per city for the 2009 transportation budget. This amount is the Five Cities Transportation request for the 2009-2010 CDBG funding year. Enclosed is a copy of the 2008 cumulative statistics. You will note the City of Golden Valley ridership is 130 persons served and 1602 rides. Destinations included: . Shopping trips to Ridgedale, Target, Wal-Mart, Brookdale, Super Target, lKEA . Grocery shopping trips to Cub Foods and Byerly's . Pharmacy, banking and post office opportunities at some destinations . City sponsored activities such as Brunch Bunch, Seniors in Mind, Nature of Things, Donut Make You Wonder, Afternoon Vivace Concerts, Local Motion In addition to home pick ups, Five Cities vehicles transport older residents from the following locations: Dover Hill, Calvary Apartments and Co-op, Covenant Village, Laurel Estates, The Crossings, Laurel Condos, Golden Valley Arms, Valley View, Village Terrace and Golden Valley City Hall. If you need additional information, please contact me at 763-531-1274. On behalf of older Golden Valley residents served by the Five Cities Senior Transportation Project in 2008, thankyou. cc: Jeanne Fackler Thomas Burt Mark Grimes Attachment M~,:;;;~;;1;;?;F!i;S"'l"k1f!"F0;'fll',:~'1,:'io~9.tDt"~~~i:&,l!~~'li;~~1%1-",~'X!;JF'i:~'k?:-;:'7.QJNt;Wiif:'t'0';,Ci)J\t-,-;n;r:'if~~~'E~~~~i'n\'5?t-,,:}.~]:S;,,(:t,,:~;;;:~'IT;'.J.;;7_~'1tf,:;<!i\<~~';.~'~~,5~mlb._,_~~~~;'~ FIVE CITIES TRANSPORTATION SUMMARY 2008 RIDER SUMMARY CITY Rides Persons New Persons Hours Robbinsdale 2,284 72 11 250 Crystal 1,182 89 53 374 Crystal & New Hope New Hope 1,512 124 54 Golden Valley 1,582 124 43 234 . Brooklyn Center 984 56 15 263 'If Homes Robbinsdale 588 19 5 Crystal 264 13 6 New Hope 406 10 4 Golden Valley 20 6 1 Brooklyn Center 1,102 19 Total: .. 9,924 532 193 1,121 J ANNUAL COMPARISON 2008 2007 2006 2005 2004 2003 2002 PERSONS 532 563 564 609 635 598 639 RIDE.S 9,924 10,888 11,080 10,712 11 ,464 10,908 11,782 HOURS 1,121 1,243 1,237 1,217 1,219 1176 1,329 1/8/2009 Resolution 09-8 February 3, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING FUNDING REQUEST BY FIVE CITIES SENIOR TRANSPORTATION PROJECT FROM 2009 CONSOLIDATED POOL - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City Council of the City of Golden Valley was one of the founding members of the Five Cities Senior Transportation Project in 1985; and WHEREAS, the City of Golden Valley has provided continual financial support for the Project from the City's General Fund and with Community Development Block Grant (CDBG) funds allocated to the City of Golden Valley because of the demonstrated need that has proved by the number of rides provided to seniors each year since 1985; and WHEREAS, the need for such senior transportation will continue to grow in upcoming years; and WHEREAS, the City of Golden Valley no longer has its own CDBG allocation. NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley that it supports the funding request by the Five Cities Senior Transportation Project from the 2009 Consolidated Pool that is part of the Urban Hennepin County Community Development Block Grant Program. 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. alley Memorandum City Administration/Council 763-593-8096/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 3. F. Authorization to Sign Patrol Officer (LELS Local 27) Agreement Prepared By: Paula A. Graff, Human Resources Coordinator Summary A one year agreement with LELS Local 27, the Patrol Officer unit of LELS, has been reached. The contract calls for a 3% increase plus a 30 cent market rate adjustment in 2009. It introduces Paid-Time Off for new officers hired after January 1,2009 and also provides for a future $10 monthly insurance differential for successful participants in the city's recent wellness initiative. The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement - LELS Police Officer 2009 (19 pages, underscored, overstrike version, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager sign the 2009 Patrol Officer agreement. LABOR AGREEMENT LELS POLICE OFFICER For 2007 2008 2009 This Agreement dated , 2006-2009 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the "Employer" and Local #27 of Law Enforcement Lab rvices, Inc., hereinafter referred to as the "Union." For the purpose of this Agreement, the f the meaning given to them. EMPLOYER: UNION: EMPLOYEE: S Local #27 in the bargaining unit act applies Thi he promotion of harmonious relations betwee s and the Union, the furtherance of efficient governm establishment of an equitable and peaceful procedure f of disputes that may arise without interference or disruption of e ion of the department; and the establishment of a formal understan ive to all terms and conditions of employment. The Employer and the , through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179A.03, Subdivision 14, for all employees of the Golden Valley Public Safety Department bargaining unit as identified by the Bureau of Mediation Services, Certification of Exclusive Representative dated August 24,1978, case #77-PR-866-A. - 1 - Section 2. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department of Publio Safety and its personnel are exclusively the function of the loyer. The exercise of the City's management rights shall take place "wit ndrance or interference by the Union", except as limited by the terms of ement. City's management rights include, but shall under nces be construed to be limited to, the right to: tion of the work loyees to ot covered out of the b. c. gani nal structure, number of personnel and the , including the right to increase, decrease or change s, programs, its overall budget and the utilization of g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. ARTICLE 4. Union Security. - 2 - Section 1. A. The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or . gment brought or issued against the Employer as a result of any action tak ot taken by the Employer under the provisions of paragraph A ction. Section 2. The Union may design officers and shall inform the Employer 0 stewards or officers in writing. Section 4. of the Bargainin approval and such time wo rs and representatives ence, with prior Union business when s of the Employer. st on the department bulletin board ning Unit; to publish the method by it argaining Unit; and to make copies vailable to Employees. Secti e Union, its officers or agents, nor any of the Employees c Agreement will engage in, encourage, sanction, support or sugge ike, slowdown, mass resignations, mass absenteeism, the willful absence one's position, stoppage of work or the absence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. Section 2. Any Employee who engages in a strike may have RisfI::leftheir appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. ARTICLE 6. Equal Application. - 3- Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf e Union, which is in accordance with the provisions of this Agreement. nion shall not discriminate against, interfere with, restrain, or Employee from exercising the right to join or not to join the U . . I not discriminate against any Employee in the administratio ent because of non- membership in the Union. Section 3. The Union accepts representative and agrees to represent without discrimination. ARTICLE 7. Savings. the United States and ion of Agreement shall be held jurisdiction from whose final within the time provided, such of this Agreement shall continue in may be renegotiated upon written Secti means any di express provisio purpose of this Agreement, the term "grievance" concerning the interpretation or application of the Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal - 4- working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: "ty has misinterpreted or dealing with that with the Employee's within twenty-one (21) ved violation or from ployee should the supervisor pervisor date the ort shall be m e to settle I prevent an Employee from etweenthe ployee should meet with e put i ting, stating the nature of es of the Employees involved, the ieved violated and the remedy ed to the Employer-designated en (10) calendar days of the Step 1 he Ste 2 Representative shall render an . hin ten (10) days of the receipt of the Step 2 er shall be transmitted to the Employee and dispute is not solved by the Step 2 process, the nce with the information required in Step 2, shall be prese to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and LELS. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. If the dispute is not solved by the Step 3 process, the written grievance with the information required in Step 3, shall be presented to the Employer-designated Step 4 Representative. This shall be submitted within ten (10) days from receipt of the Step 4 - 5- grievance and the answer shall be transmitted to the Employee and LELS. Step 5. A grievance unresolved in Step 4 may be appealed by the Employee and LELS to Step 5. Notification of intent to appeal to Step 5 shall be made within ten (10) days of receipt of Employer's Step 4 answer. A Step 5 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selectio f an arbitrator shall be made in accordance with the "Rules ing the Arbitration of Grievances", as established by th of Mediation Services. Section 3. A. The arbitrator shall h ignore, add to or subtract from, the term arbitrator shall consider and decide by the Employer and the Union, and on any other issue not so submitted. mend, modify, nullify, is Agreement. The bmitted in writing e a decision isions pro each witnesses cause such desire a verba d expe ses for the arbitrator's services and by the Employer and the Union provided that ompensating their own representative and sires a verbatim record of the proceedings, they may ade providing they pay for the record. If both parties the proceedings, the cost shall be shared equally. Section 4. er. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 31, the grievance remains unresolved, the grievance may be - 6- appealed either to Step 4-Q..of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4-Q..of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 4-Q..of Article 8 or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4-Q..of Article 8. ARTICLE 9. Safety. It shall be the policy of the employer that the of work areas, the adequate training in ne prevention of accidents are a continuin responsibility. It shall also be the res programs to promote safety to them rules promulgated to ensure safety. T the proper use of vehicles, e ipment an recognized safety procedur all be th maintain all employer-owned t in a s or replacing as needed. ARTICLE 10. will r ve .75 hour of straight hour period so worked. A Detective 4 or more consecutive hours will r accrued time for each 4 hour S . Seniority shall mean an Employee's length of service with since J:listI:IeFtheir last date of hire. An Employee's continuous se hall be broken only by separation from service by reasons of resign harge for cause, retirement, death or leave of absence without pa or the purposes of this Agreement, time off due to disciplinary action will not be counted as Leave of Absence Without Pay. The Union shall prepare a seniority list to be submitted to the Employer for approval and posting. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new employees shall be hired until the lay-off list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in - 7- grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted Employee may be returned to Ri5-their previous position at the sole discretion of the Employer. The probationary period shall be 1 year for promoted Employees and 1 year for new Employees from date of hire or completion of basic uit school if completed while on City payroll. ARTICLE 12. Discipline. Section 1. The Employer will dis . one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge . Discipline will be demoted or discharged, n, demotion or n. Suspension will set shall effective. Demotions will is demoted. The Union shall be n shal shall n Employe notice to the copy of such r the Employee's p which Employee ac , es of suspension or demotion and becom part of an Employee's personnel file signature of the Employee. Such signature t only an acknowledgment of receipt and the portunity to attach a response to the reprimand or ployee's personnel file. The Employee will receive a d/or notices. Written reprimands will be purged from file and be of no effect 18 months after the date on ledged the reprimand. Section 4. A. Employees shall have the opportunity to request to have a representative present when being questioned regarding a possible disciplinary action. If a representative is not present within two (2) hours, questioning may proceed. B. If an investigation is not commenced during the shift when the complaint was received, the Employee shall still have an opportunity to request a representative. However, for these incidents, if a representative is not present within sixteen (16) hours, questioning may proceed. - 8- Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Articl in Step 4 of the grievance procedure. be initiated by the Union ARTICLE 13. Work Schedules. uty schedules shall be posted two A oy is scheduled to appear in court during ffi&-aF AeFtheir 0 ceive a minimum of four (4) hours straight time pay or pay at 1 ployee's pay rate for the actual number of hours spent in court, greater. An extension or early report to a regularly scheduled shift ualify the Employee for the minimum. When an Employee is notifi a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. ARTICLE 15. Call Back. An employee called back to work outside of RistAeftheir regularly scheduled shift shall be paid for a minimum of three (3) hours at time and one-half of RistAeftheir - 9- regular base rate of pay. However, nothing in this Section shall be construed to prevent a supervisor from requiring an Employee to report early to Ri5JAeFtheir shift which shall be compensated at straight time provided that the total hours worked on the early report do not exceed that which is scheduled normally. Call back starts from receipt of order to return. ARTICLE 16. Standby. Employees specifically required by the Employer to s such standby time at the rate of one hour regular with a minimum of two (2) hours of pay. d by shall be paid for each hour of standby, ARTICLE 17. Overtime. authorization of reasonable ed by the shall be ay for led work shift. Changes the purpose of computing by pyramided, the nearest 1/1 0 of . e shall, at the end of each payroll ish to take the overtime hours in e); shall receive one and one-half e h red. Accrued time shall be taken in e. Emp oyees shall be allowed up to a rued time. Voluntary overtime may be taken er approval. mployee shall be granted eight (8) hours sick leave with pay for each m of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (800) hours. For every day of sick leave an Employee earns after he has accumulated accumulating eight hundred hours, RetsRethev will be given credit for four (4) hours additional vacation and four (4) hours of pay. Sick leave may not be used during the first 6 months of employment, but will be credited for use following the first 6 months of employment. Sick leave shall not be considered as a privilege which an Employee may use at Ri5JAeFtheir discretion, but shall be allowed in the case of actual illness, legal quarantine or disability of the Employee, or because of death or critical illness in Ri5JAeFtheir immediate family, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that RetsRethev have-J:las - 10 - been absent as authorized above, or if more than two days, that Rel&hethev have Ras been under treatment and supervision of a doctor or dentist who recommended work not be performed. If Employee has been incapacitated for the period of A-isJI::leftheir absence or a major part thereof, Rel&hethev may be required to provide evidence that Rel&hethey are-i& again physically able to perform A-isJI::leftheir duties. Sick leave shall be computed on a working day basis when used. Sick leave is intended as a benefit primarily to the themselves and as a protection or insurance of permitted due to death or critical illness in th be available on a restricted basis and in Ii . discretionary attendance on family illne absence should be used. All provisio Leave Act are incorporated into this yee himsolf/herself power. While it is e family, it is intended to r this purpose. For vacation or leave of amily and Medical r Article us benefits as with a yees who have been laid r in th rmination shall be made of service and after completion of s a full-time permanent Employee, y 1/3 of unused sick leave in r 10 years of service or PERA in terml tion of employment, such Employees full year of service to the City. In the event he survivor. y. Employees called for jury duty shall suffer no loss in their normal sala mployees claiming jury duty pay shall sign over all jury duty fees to the Employer. Section 2. Military Reserve. Employees serving in the military reserve shall suffer no loss in their normal salary to the extent provided by Minnesota Law. Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. - 11 - Section 4. Maternity/Paternity. After employees have worked for the City for one year, they are eligible for up to 12 weeks leave for the birth or adoption of a child or placement of a foster child. To care for a newborn or adopted child, employees must first use available sick leave, vacation leave, or accrued time at the employee's option. If you wish to take a 12-week leave but have fewer than 12 weeks of paid leave available, you may take the remainder of the leave u id. All paid accrued leave must be used before employees are eligibl paid leave. Leave to care for a newborn, adopted, or recently placed ild must be taken in consecutive weeks and must be taken within of the child's birth or placement. Section 5. Military. Employe consistent with applicable Minnesota to the City Manager. ARTICLE 21. Funeral Lea Da 5 ye 11 year 12 years 13 years 14 years 15 years 16 years 17 years 18 years 19 years 20 years and above 2 weeks 3 weeks 3 weeks plus 1 day 3 weeks plus 2 days 3 weeks plus 3 days 3 weeks plus 4 days 4 weeks 4 weeks plus 1 day 4 weeks plus 2 days 4 weeks plus 3 days 4 weeks plus 4 days 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six month period, annual leave accrued during the initial six month period will be granted. - 12 - Section 2. Vacation periods shall be selected on a seniority basis within the bargaining unit. Prior to June 1 vacations will be selected on a seniority basis. After June 1, vacation periods shall be selected as available without seniority privilege. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted accumulation from one calendar year to the over double their current Section 4. Employees may requ maximum of one year in a five year p writing and are subject to the approv Work schedules holidays. In v' each year in Ii rata basis each sched work for weekends and 12 additional days leave adde vacation leave on a pro ted whether or not the Employee is Work 0 4, Labor Christmas and one-half ( these holidays pi L ng Day, Presidents' Day, Memorial Day, July , Thanksgiving Day, the day after Thanksgiving, 'stmas Day, will be compensated at the rate of time ployee's regular rate of pay for all hours worked on time. ARTICLE 24. Paid Time Off (PTO) Employees hired after January 1. 2009 shall participate in the City's Paid-time off plan. Paid-time off is based upon service in the prior years and shall be earned as follows: #of8 Holiday PTO+Holiday hour PTO per accrued per Total accrued Maximu Years_ days. pay period pay period per pay period Accrua Q:Q. 17. 5.23_ 3.69 8.92 348_ over 5_ ~ 6.77_ 3.69 10.46 408_ - 13 - over 11, ~ 7.08, 3.69 10.77 420. over 12. ~ 7.38, 3.69 11.07 432, over 1 3, ~ 7.69, 3.69 11.38 444, . over 14, ~ 8.00, 3.69 11.69 456, . over 15, 'l:L 8.31 3.69 12.00 468, . over 16, ~ 8.62, 3.69 12.31 480, . over. 17, ~ 8.92, 3.69 12.61 492, . over 18. ~ 9.23, 3.69 12.92 504, . over 19, II 9.54, 3.69 13.23 516, . over 20, & 9.85, 3.69 13.54 528, . the performance of their duties for the Employer and thereby rendered u to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave. PTO -or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. I ARTICLE 2626. Training and Department Meetings. - 14- The City will pay for ongoing Post Board licensing required of each officer. Training and meetings beyond 2080 hours in the work year will be compensated at time and one-half consistent with Article 17 of this Agreement. Travel time will be paid in accordance with FLSA definitions of compensable time. ARTICLE 2627. Field Training Officer Compensation. Employees working as Field Training Officers shall receive .66 hour of straight time payor .66 hour accrued time for each 4 hour p . d so worked. ARTICLE 2+28. Qualifications for Continuin Any Employee deprived of fli.stAeFtheir stat be suspended without pay during that p as a police officer shall ARTICLE 2329. Personal Liability he Emp oyee expenses for tuition, fees and tional courses upon completion of the course 1. T head and the 2. The E ceived prior approval of the Employee's department ttain a grade of "C" or better and is so certified to the City. 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. All other non-related course work will be reimbursed at a rate of 50%, with an annual cap of $500. - 15 - ARTICLE 3031. Part Time Work. The Employer shall contract with all businesses or individuals required to employ the services of police officers. The officers shall be compensated for such services in the amount prescribed by other sections of this Agreement. Overtime resulting from such contracts shall be distributed as equally as practicable in a voluntary manner. ARTICLE 34-32. Administrative Leave/Light Duty The City recognizes that from time to time, as a happening on the job, Police Officers may e emotional problems that impact their abilit light of the foregoing, the City's decision will be based on the following criteria: traumatic incidents ess reactions or other t1y and effectively. In 've leave or light duty 1. That the Police Officer is ref mental health professional by he with the concurrence of the City. qualified elf referral rral by the e Department will be ing the evaluation will II be granted based on the ng that the need for administrative ident occurring in the course and ity. Police Chief will be advised of all findings tor, excluding any background material that mendation. 5. Any obtaining treatme prescribed by medi e leave/light duty granted will be for the purpose of counseling or participating in other activities ental health Evaluator. 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. - 16 - ARTICLE 32. Salaries and Benefits. Section 1. Salary - Patrol Officer: 01 01 07 01 01 OB START 6 MO. 9 MO. 1 YEAR 2 YEAR 3 YEAR $3,572 $3,725 $4,101 $4,604 Section 2. Incentives. Employees incentive and longevity track each Janu receiving both maximum longevity a grandfathered into the maximum Ion Longevity. Ed maximum of $ approved by t enforcement credit cks of 10 credits to a , credits must be d cred ill count, and an AA law its, a SA will count the full 180 Employee may use a portion of the City insurance contribution to pay for dental insurance available through a City authorized plan. Section 4. Uniform Allowance. City will provide all necessary uniforms and equipment. Employees in any of the enumerated non-uniform special assignments shall receive $~593.24 for clothing in 200+2009. That rate will be adjusted each year hereafter by the October to October Consumer Price Index/Apparel Index. Employees who are assigned to plain clothes assignments (see Article 30, Section 5) for 16 hours or more in a payroll period shall receive - 17 - $5 for each 8 hours in that assignment or $3 for increments of 4 hours or multiples thereof. In addition, officers assigned for more than 45 days to plain clothes shall receive $~243.47 supplemental clothing allowance. The numbers reflected in the clothing allowance are based on the CPI-U NeftR Central Midwest Region. The City will agree to repair or replace where necessary, leather holsters worn in the line of duty for the City. Replacement and repair of individual weapons will be reviewed and decided by the City M ger on a case by case basis. Section 5. Promotions. Officers who classifications shall receive an amount eq additional compensation: Detective, an agreed upon. After 12 consecutive officer shall be considered to have c that classification. d to the following patrol base pay as s that are mutually sifications, the ary period in Police Chief ecial assignments as they arise. ment will be determined by mutual nment, the Union and the City. shall be from January 1, ;wQ.7-2009 to December 31, CITY OF GOLDEN VALLEY Representing Negotiating Committee Linda R. Loomis, Mayor Representing Negotiating Committee Thomas D. Burt, City Manager - 18 - For Law Enforcement Labor Services, Inc. MEMORANDUM OF UNDERSTANDING Shift Bidding The parties, Law Enforcement Labor Se Valley agree that shift selection will: . and the City of Golden 1. be based on seniority 2. be bid quarterly City Date - 19 - alley Me orandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 4. A. Proposed Surface Water Management Plan Element, Comprehensive Plan Amendment Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary A final draft of the Surface Water Management Plan (SWMP) has been completed. All of the appropriate agencies have reviewed the SWMP including the Bassett Creek Water Management Commission (BCWMC), Minnehaha Creek Watershed District, Board of Soil and Water Resources, Metropolitan Council and adjacent cities. The majority of the comments received were related to technical data, clarification and the addition of reference materials. The SWMP has met the requirements of the Minnesota Statutes 1038.235, Minnesota Rules Chapter 8410, and the requirements of the two watershed organizations with jurisdiction in the City. According to Minnesota Statutes 1038.235, Subd. 4, once the SWMP has been approved by the watershed organizations, the City must adopt and implement the SWMP within 120 days of their approval. The watersheds completed their approval on November 6, 2008. Therefore, in order for the SWMP process to meet the requirements of the law, the plan will have to be treated as a separate document and be approved prior to the schedule for the remaining chapters of the comprehensive plan. The Planning Commission reviewed this document on January 12,2009, and requested that the following comments be made: 1. Please reference Page 10-10, Item 19.8 Implement Guiding Principle 8 of the 1-394 Corridor Study, which encourages the application of green building and infrastructure techniques such as Low Impact Development practices, including green roofs, rain gardens, bioswales, and previous pavement, for the I 394 Corridor throuQhout the City. 2. Please reference Page 10-14, Item 6 Implement a recvclinQ program to control construction site debris storage and waste disposal. The City will analyze how to inspect and enforce proper construction site waste management. Staff concurs with these recommendations. Attached is the Executive Summary of the SWMP. The complete plan can be viewed on the City's website (http://www.cLqolden-vallev.mn.us/zoninq/compplan.htm ). Attachments Resolution Adopting the Surface Water Management Plan Element of the Golden Valley Comprehensive Plan (1 page) Chapter 10: Surface Water Management Plan Executive Summary (26 pages, loose in agenda packet) Recommended Action Motion to adopt Resolution Adopting the Surface Water Management Plan Element of the Golden Valley Comprehensive Plan. Resolution 09-9 February 3, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SURFACE WATER MANAGEMENT PLAN ELEMENT OF THE GOLDEN VALLEY COMPREHENSIVE PLAN WHEREAS, the state legislature requires that the comprehensive plans of local governments be in conformance with the metropolitan system plans prepared by the Metropolitan Council; and WHEREAS, the City of Golden Valley has undertaken extensive review and analysis of the City's surface water management issues and opportunities; and WHEREAS, the City has prepared an updated Surface Water Management Plan Chapter of the Comprehensive Plan as required by the Metropolitan Council; and WHEREAS, the City has submitted and received comments on the plan from the Bassett Creek Watershed Management Commission, the Minnehaha Creek Watershed District, and adjacent cities; and WHEREAS, the Planning Commission, following a public hearing on the plan, has recommended their approval on January 12, 2009; and WHEREAS, the City Council held a formal public hearing to consider the Surface Water Management Plan Chapter of the Comprehensive Plan on February 3, 2009. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that the Surface Water Management Plan Chapter be hereby adopted as part of the City's Comprehensive Plan. 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. .. Chapter 10 ~Surface Water . Introduction . Goals and Policies . Implementation Acknowledgements City Council Linda R. Loomis, Mayor Mike Freiberg Paula Pentel DeDe Scanlon Bob Shaffer ... ~ ~ ~ ~ Planning Commission David Cera Les Eck Don Keysser - Chair John Kluchka Dean McCarty Steve Schmidgall Cathy Waldhauser , ~ Environmental Commission Tracy Anderson Richard Baker Ryan Chandlee Dawn Hill Jon Pawluk Siah St. Clair ~ City Staff \ Thomas Burt, City Manager Jeanne Andre, Assistant City Manager Mark Grimes, AICP, Director of Planning and Development Joe Hogeboom, City Planner Lisa Wittman, Administrative Assistant Jeannine Clancy, Director of Public Works Jeff Oliver, City Engineer Al Lundstrom, Environmental Coordinator Cheryl Weiler, Communications Coordinator Kristi Bucher, Graphic Designer Consultant Karen Chandler, Tim Brown, Jennifer Koehler, Alicia Duncan; Barr Engineering Co. Table of Contents Contents 1. Introduction Surface Water Management Plan (SWMP) ...............................................................10-1 Regulatory History and Background..........................................................................10-3 How the SWMP is Organized .....................................................................................10-5 2. Goals and Policies Water Quality of Lakes and Streams.......................................................................... 10-7 Water Quality of Storm Water Runoff .......................................................................10-9 Illicit Discharge Detgection and Elimination ............................................................10-10 Streams ... ................................................................................................................... .10-11 . ~ ~ Flood Control........................................ .................................................... ...~ .~.~.. ...;... 10-11 , . Erosion and Sediment Control........... ............................................ ......... .~.. ..... ....... ..10-13 . , Wetlands and Natural Resources...... ..............................;.. :;........... ..~~. ........ .;............. 10-14 Recreation, Habitat, and Shoreland Management ...........................................,........10-15 Groundwater...... .................................. ..... .................... ...,'........... ..~.......... ............. ..... .}0-15 Funding...... ......... .... ..... .................................. ........................ ..... ..... ........ ................... 10-16 Education and Public Involvement.............................................. ...... ....... .................. 10-16 3. Implementation Discussion......... .................................... ...................................................................... 10-17 City of Golden Valley <$ q Comprehensive Plan 2008-2018 Section 1: !ntr6duction resources include Bassett Creek, large recreational lakesJ wetlands, wooded areas, and parks. As a result of the City's water management efforts, many of these areas have been preserved from development and other pressures. Part of the City's ongoing water management efforts involved preparing a Surface Water Management Plan (SWMP) in accordance with Minnesota Statute 103B.235 and Minnesota Rules 8410. Because this stand-alone document impacts land use planning and development within the city, it has been incorporated into Golden Valley's Comprehensive Plan through in-text references and as an appendix. This chapter of the City's Comprehensive Plan summarizes the SWMP, including water resource management-related issues, goals, policies, and implementation activities (see Appendix A for the complete SWMP). (G OLDEN VALLEY'S land and water Surface Water Management Plan (SWMP) . According to state statute, water management programs are meant to: 10- 2 Chapter 10: Surface Water Table 10.1: Summary of Golden Valley Stormwater Issues Category Issue · Public education and outreach NPDES Stormwater · Public participation Pollution Prevention · Illicit discharge detection and elimination Plan (SWPPP) · Construction site runoff control · Post construction storm water management · Pollution prevention/housekeeping · Bassett Creek · Sweeney Lake · Wirth Lake Impaired Waters · Medicine Lake · Lake Hiawatha . Lake Pepin · Other future listed waters Minnehaha Creek Watershed District · Phosphorus loading reduction requirement . Wetland protection Bassett Creek Watershed Management Commission Watershed . Flood control Organizations · Lake water quality . Stream channel stabilization · Wetland protection . Erosion control · Groundwater protection . Water resources education . · Reduction of storm water volume · Increasing storm water quality · Maximizing infiltration Metropolitan Council · Thermal pollution , · Wetland management ~ Nondegradation goals ,. Water quality goals . Update of city-wide hydrologic modeling · Redevelopment · Interagency cooperation . Storm water system maintenance programming . Development of storm water ordinance . Storm water pond upgrades and sediment removal . Private storm water facility maintenance City Issues · Bassett Creek stream bank erosion · Public ditch maintenance/disposition · Flood protection of homes/land acquisition in flood prone areas . Public education · Decola Ponds flooding · Inter-community drainage . 1-394 Corridor Study . protect, preserve, and use natural surface and groundwater storage and retention systems · minimize public capital expendi- tures needed to correct flooding and water quality problems . identify and plan for means to effec- tively protect and improve surface and groundwater quality . establish more uniform local poli- cies and official controls for surface and groundwater management . prevent erosion of soil into surface water systems . promote groundwater recharge . prdt~ct and enhance fish and wild- life habitat and water recreational facilities . secure the other benefits associated with proper management of surface and ground water In short, the SWMP provides a com- plete and intensive guide and refer- ence for managing water resources within Golden Valley. It will assist the City with policy decisions, water resource management, implementa- tion priorities, regulatory program references, and capital improvement budgeting for water resource issues. Table 10.1 summarizes Golden Valley's storm water issues. The current SWMP replaces the 1999 "City of Golden Valley Surface Wa- ter Management Plan." It meets the requirements of Minnesota Statute 103B.235, Minnesota Rules Chapter 8410, and the watershed organizations with jurisdiction in the city, including the Bassett Creek Watershed Man- agement Commission (BCWMC) and Minnehaha Creek Watershed District (MCWD). City of Golden Valley Q..qf'" Comprehensive Plan 2008- 2018 Chapter 10: Surface Water 10-3 Regulatory History and Background Besides the purposes and require- ments outlined in state statutes and rules, Golden Valley's SWMP reflects numerous other water resource-re- lated state and federal mandates* the City must meet. As state and federal laws have changed over the years, the City's role in water resource manage- ment has also changed. 19405 In 1945, the Minnesota Legislature authorized a new state Water Pollu- tion Control Commission because too many communities were dumping raw sewage into lakes and rivers. One of the Commission's jobs was to encour- age communities to build wastewater treatment plants to stop the flow of raw sewage into rivers and lakes. Three years later, the US Congress enacted the Federal Water Pollution Control Act (FWPCA), in response to the threat that polluted water posed to the public health and welfare. 19605 and 19705 I In 1967, the Minnesota legislatUre created the Minnesota Pollution C~n- trol Agency (MPCA) in response to oil spills and other major environmental incidents. Its mission was to protect the air, land, and waters of the state. Five years later, in 1972, the US Con- gress amended the FWPCA to address the growing public awareness and concern for controlling water pollu- tion. This act became known as the Clean Water' Act (CWA). Amendments to the CWA in 1977 ad- dressed "point source" facilities, such as municipal sewage plants and indus- trial facilities. The new program for regulation of point source pollution was called National Pollutant Dis- charge Elimination System (NPDES). As a "delegated permitting authority," the MPCA issues combined State Dis- posal System (SDS) and NPDES storm water permits. 19805 and 19905 In 19B7, the Minnesota Legislature enacted laws to control polluted run- off, broadening attention from "point" source to "nonpoint" source pollution. Nonpoint source is the movement of pollutants from land to water, typi- cally in storm water or snowmelt run- off from streets, lawns, construction sites, farms, etc. Also that year, state regulatory authority for this program was delegated from the US Environ- mental Protection Agency (EP A) to the MPCA. A 19B7 amendment to the federal Clean Water Act required im- plementation of a two-phase compre- hensive national program to address storm water runoff. in 1990, the EP A established the Phase 1 Stormwater Program. These federal regulations required that two general categories of storm water discharges be covered under a NPDES storm wa- ter permit. One involved 11 regulated categories ofindustrial activity, includ- ing construction activity that disturbs five or more acres of land. The other involved municipalities with separate storm sewer systems (MS4s) serving populations of 100,000 or more (in- cluding Minneapolis and St Paul). In 1994 and 1995, the MPCA estab- lished the Phase I Stormwater Pro- gram at the state level. Under Phase ." :r " o .,. '< '-< ., o g' ~ ~ S' " o , (StorT1~wo..ter pond at Brookview Park in 2000, ~]Q!"e water quality initiatives I, Minneapolis and St Paul obtained individual permits and designed and implemented storm water programs. In 1999, the Phase II federal regula- tions were established, which expand- ed the scope of the NPDES Stormwa- ter Program to include smaller MS4s in urbanized areas, construction activ- ities that disturb between one and five acres of land, and smaller municipally owned industrial activities. The MPCA then promulgated rules related to the Phase II federal regulations to fulfill federal NPDES delegation responsi- bilities. The rules establish the NPDES storm water permit requirements for regulated MS4s, construction, and in- dustrial activities. 2000 To Present Phase II of the NPDES program began in 2003. Phase II is a broader program that includes smaller construction sites, municipally owned or operated industrial activity, and many more MS4s. Parties regulated under the *References: "l'vlinnesota Environment," Minnesota Pollution Control A en' 1 pca,state,mn.us, and the City of PI)1nouth's Jul"/AugllSt 200 J't' ttEC) ,(MPCA), \ olume 7, Number I-Summer 2007, the MPCA's website \\ww. , " 7 e< 1 IOn 0 m1ronmental Extra" City of Golden Valley '0 r Comprehensive Plan 2008-2018 10-4 Chapter 10: Surface Water " :r o S ". .., 0- q 61 '" , . Pond at Brookuiew Park cifter the City planted a natiue buffe . zotmtb.irltproue Phase II program must develop storm water pollution prevention plans to address their storm water discharges. They also must determine the appro- priate pollution prevention practices, or best management practices (BMPs), to minimize pollution for their specific sites. Each of the three permit types (construction, industrial, MS4) has distinct requirements, and some r~gu- lated parties may re,quire more than one permit. I In 2003, the MPCA issu;d a MS4 Gen- eral Permit for municiJalities with populations over 10,000, including Golden Valley. The permit requires cities to comply with six minimum control measures, which include pub- lic education, public outreach, illicit discharge detection and elimination, construction site storm water runoff control, post-construction storm water management, and pollution preven- tion/good housekeeping measures. The Phase II federal regulations man- dated that approximately 200 MS4s in Minnesota required NPDES permit coverage; these include municipalities located within the boundaries of an urbanized area. In 2006, the MP~A issued a new MS4 General Permit. The new permit iden- tifies a group of 30 selected MS4s that must complete a Loading Assessment and a Nondegradation Report as part of their MS4 Storm Water Permits. These MS4s must assess the volume of total suspended solids (soil, sand, and silt), phosphorus, and water in storm water runoff and establish a non-deg- radation plan to keep pollutant load- ings at 1988 levels. The City of Golden Valley is not part of this group of 30, although many neighboring cities are. The Clean Water Act (CWA) also re- quires states to adopt water quality standards to protect the nation's wa- ters. Water quality standards desig- nate beneficial uses for each water body and establish criteria that must be met within the water body to main- tain the water quality necessary to support its designated use(s). Section 303(d) of the CW A requires each state to identify and establish priority rank- ings for waters that do not meet water ~ quality standards. The list of impaired waters, somttimes called the 303(d) list, is updated by the states every two years. In 2002, the MPCA began identify- ing surface water resources that are impaired for their identified uses (swimming, aquatic habitat, etc). As required by the Clean Water Act, if a water body is included on the im- paired waters list, it triggers an analy- sis called a total maximum daily load (TMDL) study. The TMDL analysis determines the impaired water body's capacity to assimilate specific pollut- ants and still meet water quality stan- dards. A TMDL also develops an al- location scheme amongst the various contributors-point sources, nonpoint sources, and natural background-as well as a margin of safety. These regulations and requirements have led the City of Golden Valley and other similar cities to follow specific requirements for preparation of: · the MS4 General Storm Water Per- mit Application and Storm Water Pollution Prevention Program City of Golden Valley o.~ Comprehensive Plan 2008-2018 Chapter 10: Surface Water 10-5 · the Surface Water Management Plan (SWMP) · future updates to the NPDES-MS4 permit and SWMP to address the requirements of future TMDL analyses. How The SWMP Is Organized Golden Valley's SWMP sets the course for the City's management of its wa- ter resources and storm water. It also provides data and other background information, outlines the applicable regulations, assesses city-wide and specific issues, sets goals and policies for the city and its resources, and lists implementation tasks to achieve the goals. The SWMP has six major sec- tions: Executive Summary, Goals and Policies, Land and Water Resource In- ventory, Assessment of Problems and Issues, Implementation Program, and References. Executive Summary Section 1 provides information about Golden Valley's location and history and summarizes the highlights of the . ~ SWMP, including its purpose and scope, goals, policies, and implemen- tation tasks. Goals and Policies Section 2 presents the City's surface water-related goals and policies, the regulatory framework, and other agencies' responsibilities. These goals and policies are also outlined starting on page 10-7. Land and Water Resource Inventory The first part of Section 3 provides technical information as well as maps and tables that describe the surface and subsurface conditions of the city, including land use, public utilities, cli- mate and precipitation, topography, soils, geology, groundwater, Minne- sota Department of Natural Resourc- es (MDNR) public waters, wetlands, surface water resource monitoring information, water body classifica- tion, floodplain information, unique features and scenic areas, pollutant sources, and major basins and overall drainage patterns. The second part . of Section 3 presents an inventory .of the major drainage basins i!l the city, including information about water- , sheds, watershed area, land use, and other notable information. Assessment of Problems and Issues Section 4 assesses city-wide and spe- cific issues and problems under broad topic areas such as: · water quality, or general storm water runoff quality, including non point source runoff and phos- phorus loadings, impaired waters and TMDL issues, and many spe- cific water quality issues · flood control, including general is- sues and specific flooding and rate issues · erosion and sediment control, in- cluding the general causes and impacts of erosion and sedimenta- tion, specific examples of erosion and sedimentation problems in the city, and the city's implementation and enforcement of its ordinances and approval processes . adequacy of existing programs, in- cluding the city's ordinances and official controls, the BCWMC and MCWD classification systems, the city's education and public involve- ment program, maintenance of the city's storm water system, ground- water protection, and the city's capital improvement and imple- mentation programs Implementation Program Section 5 of the City's SWMP de- scribes significant components of the implementation program, including Golden Valley's NPDES Phase II MS4 permit, operation and maintenance of its storm water system, education and public involvement, funding, or- dinance implementation and official controls, implementation priorities, and SWMP update and amendment procedures. The implementation pro- gram is also summarized starting on page 10-17. References This section lists the documents and other references used in preparation of the SWMP. City of Golden Valley o..r Comprehensive Plan 2008- 2018 Chapter 10: Surface Water 10-7 Section 2: Goals and Policies 1 H.E City of Golden Valley is proactive in the area of water~resource management, refl~cting the value 'the community places on natural resources. Its goals and policies are designed to continue to improve the quality and effectiveness of water resource planning and management in Golden Valley. The goals and policies are outlined according to 10 categories: Water Quality of Lakes and Streams; Water Quality of Storm Water Runoff; Illicit Discharge Detection and Elimination; Streams; Flood Control; Erosion and Sediment Control; Wetlands and Natural Resources; Recreation, Habitat, and Shoreland Management; Groundwater; and Education and Public Involvement. Water Quality of Lakes and Streams Goals A. Manage Golden Valley's water resources with input from the public so the beneficial uses of wetlands, lakes, and streams remain available to the community. Such uses may include aesthetic appreciation, wildlife observation, swimming, boating, or others. 10-8 Chapter 10: Surface Water B. Improve the quality of Bassett Creek and city lakes to en- hance aesthetic viewing and recreational opportunities in Golden Valley. C. Protect and enhance fish and wildlife habitat and main- tain shoreland integrity. D. Meet current and future phosphorous and other pollut- ant load reductions (eg, TMDLs) required for the City of Golden Valley by the state or watershed management organizations. E. Manage Golden Valley lakes such that the more strin- gent of the BCWMC goals or the MPCA impaired waters criteria Oisted in Table 10.2) are met or exceeded. Policies 1. Develop objectives and guidelines to evaluate and pro- tect the natural aesthetics and attractiveness of lakes, ponds, and adjacent uplands. 2. Manage lakes and streams to meet or exceed BCWMC water quality goals and to exceed MPCA impaired wa- ters criteria. 3. Work with the BCWMC to implement the improvement options listed in its capital improvement program based on feasibility, prioritization, and available funding. 4. Give higher priority to water quality improvement proj- ects, including nonstructural measures and education, which are the most effective at achieving water quality goals. Sweenw~1f# is on tQ~ MPC:A S 303( d) list of ~eut 'br .futur~lmpalred waters. , -~ 5. Cooperate with the BCWMC, MCWD, MPCA, and other stakeholders in preparing and implementing TMDL ~ studies for water bodies in the city, or water bodies that receive water directly from the city, that are on the MPCA's 303(d) list of current or future impaired waters (currently Sweeney Lake, Wirth Lake, Bassett Creek and Medicine Lake). 6. Continue to identify opportunities to maintain or im- prove the excellent water quality in Twin Lake. Total Phosphorus Chl-a MC' (ug/l) (ug/l) Secchi Depth (m) ..~~Iity BCWMC MPCA BCWMC MPCA BCWMC MPCA Water Body Category MPCA2 Class Goal Criteria3 Goal Criteria3 Goal Criteria3 Medicine lake4 level I Deep 38 <40 10 <14 2.2 >1.4 Wirth lake level I Deep 30 <40 10 <14 2.2 >1.4 Twin lake level I Deep 30 <40 10 <14 2.2 >1.4 Sweeney lake level I Deep 30 <40 10 <14 2.2 >1.4 Westwood lake level II Shallow 45 <60 20 <20 1.4 >1.0 Bassett Creek level III Stream 75 N/A 40 N/A 0.9 N/A W. Ring Pond level III N/A 75 N/A 40 N/A 0.9 N/A E. Ring Pond level III N/A 75 N/A 40 N/A 0.9 N/A Courtlawn Pond level III N/A 75 N/A 40 N/A 0.9 N/A South Rice Pond level III N/A 75 N/A 40 N/A 0.9 N/A 1 - Bassett Creek Watershed Management Commission 2 - Minnesota Pollution Control Agency 3 - From the Minnesota Proposed Rules Chapter 7050 (MPCA, July 16,2007) 4 - Medicine Lake is located outside of Golden Valley, but a portion of the city is tributary to it. City of Golden Valley c<f' Comprehensive Plan 2008-2018 Chapter 10: Surface Water 10-9 7. Quantify and implement BMPs that will reduce phos- phorus loading by two po~nds per year to receiving water within the MCWD. 8. Develop a program to deal with tracking, inspecting, and monitoring private storm water facilities. 9. Continue to work with the League of Minnesota Cities Stormwater Coalition toward identifying and address- ing issues. 10. Continue to support water quality monitoring efforts in Golden Valley undertaken by other agencies and organizations. Water Quality of Storm Water Runoff Goals A. Improve the quality of storm water runoff by reducing non-point source pollution, including nutrients and sed- iment carried as storm water runoff. B. Maintain the nutrient and sediment removal efficiency of several key storm water ponds throughout the city, thereby improving the water quality of the receiving waters. C. Meet or exceed all applicable water-related regulations established by the Federal Government, the State of, Minnesota, Hennepin County, the BCWMC, the MCWD, and the Metropolitan Council. Policies 1. Implement all aspects of the Golden Valley NPDES Phase II MS4 permit SWPPP. 2. Require all regulated storm water from new develop- ment projects to be treated to the BCWMC's Level I standards. For projects that fall within City-designat- ed redevelopment areas and that result in increased impervious surface, the City will require all regulated storm water to be treated to meet the BCWMC's non- degradation standard (no increase in phosphorus load). These policies are detailed in the BCWMC Watershed Management Plan, Section 4.2.2-4, "Policies Relating to Administration of BCWMC Water Quality Management Standards, Policy A".Jalso available at City Hall). Ex- emptions to the nondegradation policy (as approved by the BCWMC at its January 18, 2007 meeting) include: · single-family homesites Table 10.3: Impervious Area Exemptions Project Site Size Exemption Applies If Added Impervious (Acres) Area is No More Than: 0.5-1.0 1,000 square feet 1.0 - 5.0 2,000 square feet Over 5.0 10,000 square feet · project sites smaller than 0.5 acre . third exemption that varies by project size (see Table 10.3) 3. Continue forwarding proposed projects to the BCW- MC for review. The BCWMC's "Requirements for Improvements and Development Proposals" (BCWMC, November 1998, as revised; also available at City Hall) ..,. outlines types of proj~cts that must be submitted to the BCWMC for review as well as the BCWMC's review procedure, submittal requirements, guidelines, design criteria, etc. 4. Require developers to meet all BCWMC requirements, where applicable, and to consider/evaluate the use of , BMPs in the "Requirements for Improvements and De- velopment Proposals" (see number 3 above). 5. Require developers to meet all MCWD requirements, where applicable. 6. As part of its development review and approval process, the City will continue to ensure that storm water dis- charges will not adversely affect endangered species, threatened species, historic places, and archaeological sites. 7. Continue sediment removal program for treatment and key ponding locations. 8. Continue program for removing sediment from the ex- isting storm sewer system. 9. Continue to explore implementation of emerging tech- nologies, BMPs, and methods as research develops. 10. Conduct a city-wide review of opportunities for BMP implementation, and develop a program for construc- tion of BMPs as funds become available. 11. Continue to require maintenance agreements for pri- vate water quality facilities and develop procedures and resources to enforce these agreements. 12. Coordinate with other cities and agencies to encourage ongoing maintenance of water quality facilities. 13. Continue implementing the City's pond bank stabiliza- tion program. City of Golden Valley 0. ~ Comprehensive Plan 2008 2018 10-10 Chapter 10: Surface Water - .,..- '. ..--.-;-~ " ,,;,'f~~-~--:" '0 :r " ~ ~ 0- << :'+ ~ ~ .~ . j I .; ,. -~:,; . = :"~;-:=-';"~' I .. ttt.. _.t-;-:....t't. -. j . .; "*~ r ' .-;l:;;c. . . ;.,~-~.~~.. ~.... .~-,," ~~- ",<.-' ,^ .-.'" . _-.'P"=.v::t...:....-..,::- - .. . -- ~ .;-' ,_'. _ .",' ,,- . 'k ," .......,~-, :'~~:' .' . . . ~~._-- " .,"..--- I..~.-.:...,..- . . . . r:..-'.~' .....~-~. - . ,'" ~""~.... .-\' . ~~ ~. ._~_.,., .~': 1~.~~; : ;..1'Y;..," 1"''::''-' . "".l'1~;...\," . -~ ;'. "r": :!"..., .~ .' I \ ' \.rr.i" ",'i. _~~:~':'.~llf~" .' _;~'t - - -.;--" Bassett Creek's Sweeney Branch before (left) and after a 2o~JtHmmQatk stabi}i~i.?n project ....:.:..:.: /" '. , , ;..,';11',' _ 0_ 14. Construct regional detention/nutrient removal basins as opportunities arise. 15. Increase public awareness of individual property own- ers' impacts on water quality. 16. Develop and implement a storm water management ordinance. 17. Encourage using vegetation to assimilate nutrients for storm water runoff. 18. Install sediment catching/e\lvironmental manholes where appropriate and feasible: I 19. Implement Guiding Principle..8. of the 1-394 Corridor Study, which encourages the application of green build- ing and infrastructure techniques such as Low Impact Development practices, including green roofs, rain gar- dens, bioswales, and pervious pavement, for the 1-394 Corridor. 20. Continue a targeted street sweeping and catch basin cleaning program. 21. Request MnDOT involvement in pond sediment remov- al within MnDOT right-of-way. 22. Continue to participate in and support the League of Minnesota Cities Stormwater Coalition. Goal A. Improve the pollutant removal effectiveness of storm water ponds within the city. Policies 1. Continue implementing the City's storm water pond functional improvement program, including sediment removal a'nd BMP identification, to enhance the pol- lutant removal effectiveness of existing storm water ponds. 2. Fund this program systematically to complete the indi- vidual projects. Illicit Discharge Detection and Elimination Goal A. Eliminate illicit discharge to the city's storm sewers and receiving waters. Policies 1. Continue to update the City's storm sewer system map that shows the location of significant storm sewer sys- tem components and receiving water bodies. The storm sewer map will help facilitate management of illicit dis- charge detection and elimination. 2. Continue to update the City's creek inventory, which identifies outfalls, culverts, significant erosion sites, and potential obstructions in the three branches of Bassett Creek within city limits. City of Golden Valley o..r Comprehensive Plan 2008- 2018 Chapter 10: Surface Water 10-11 3. Develop an ordinance or other regulatory mechanism prohibiting illicit discharges to the City's storm sewer system and implement appropriate enforcement proce- dures and actions. 4. Develop a program to detect and address illicit connec- tions to the City's storm sewer system and receiving waters. 5. Submit an annual storm water system inspection report and retain all required records according to the terms of the NPDES MS4 permit, including dates of inspection and responses to the inspections, the date of completion of repairs, and major additional protection measures. 6. Develop a program to prohibit illegal dumping and the disposal of waste in prohibited areas, such as backyards, stream banks, or other areas. 7. Develop a plan to inform public employees, businesses, and the general public of water quality hazards asso- ciated with illicit discharges and improper disposal of waste. Streams Goals A. Maintain or enhance the natural beauty and wildlife habitat value of Bassett Creek and its tributaries through Golden Valley. B. Implement stream restoration measures whenever nec- essary to maintain health, safety, and weifare. C. Minimize the volume of storm water runoff entering Bassett Creek. D. Increase the groundwater base flow of Bassett Creek. E. Reduce the frequency of bank full runoff events in Bas- sett Creek. F. Maintain the nutrient and sediment removal efficiency of key storm water ponds throughout the city. Policies 1. Support opportunities to enhance recreational opportu- nities on Bassett Creek. 2. Reduce areas of impervious surface through the consid- eration of changes to City ordinances and policies and encourage the use of innovative materials to reduce im- pervious surface and enhance infiltration. 3. Encourage restoration of stream and streambank ar- eas where the natural beauty of the creek has been compromised. 4. Implement a streambank stabilization program us- ing bioengineering and natural products, whenever possible. 5. Work to support legislation that eliminates the currently required cumbersome public ditch process to maintain and abandon public ditches. Flood Control Goals ~ A. Reduce flooding along Bl,l.ssetfCreek and its tributaries. B. Protect the public from flooding through measures that ensure public_safety and prevent inundation of occupied structures. C. Regulate storm water runoff discharges and volumes to . \ minimizf flood problems, floqd'damages, and the future costs of st~rm water management systems. Policies 1. Continue to implement the City's Flood Plain Manage- ment Zoning Regulations (City Code Section 11.60) and keep it current with BCWMC and MCWD Policies. Golden Valley's surface water 11Iallagelllelltl'olicies provide storm water s~rage topr'!.tect t~epublicfroI1lJl00dillg. City of Golden Valley Q, ~ Comprehensive Plan 2008 2018 10-12 Chapter 10: Surface Water 2. Continue the City's maintenance and sediment removal program to provide clean sewers with maximum capac- ity for storm water conveyance. 3. Permanently protect storm water ponds and drainage systems by obtaining property land dedication and ease- ments with new development. 4. Design the City's municipal storm water system to con- vey no less than the 10% probability/1O-year rainfall event. 5. Maintain and inspect emergency storm water pond overflow routes and identify critical maintenance areas. 6. Continue to update the City's storm sewer map. 7. Implement the BCWMC's development policies. 8. Continue forwarding proposed projects to the BCWMC for review. The types of projects that must be submit- ted to the BCWMC for review, the BCWMC's review procedure, submittal requirements, guidelines, design criteria, etc are provided in the BCWMC's document "Requirements for Improvements and Development . ... ~ ~ Golden Valley:s water resollce management practices help maintain or enlul1Ice the natural beauty and wildlife llllbitat mlue of &/.ssett Creeks and its tributaries. - - - -- - --- PrpP9sals" (BCWMC, November 1998, as revised; also available at City Hall). 9. Require project proposers to apply BMPs to reduce the volume of storm water r:unoff to the maximum practical extent. Examples of storm water runoff volume reduc- tion methods include: . minimizing the amount of planned impervious surface as areas develop . minimizing the amount of impervious surface during redevelopment · promoting infiltration 10. Require that post-development peak discharge rates shall not exceed existing disch,arge rates for the two-year (50% probability), 10-year (10% probability), and 100- year (1% probability) critical duration storm events. The City will al~.o req~ire ra~e control in conformance with the BCWMC flood control project system design. 11. Enforce all aspects of the City's Flood Plain Manage- ment Zoning Overlay District Ordinance (City Code Section 11.60). 12. Allow only those land uses in the BCWMC-established floodplain that will not be damaged by floodwaters and will not increase flooding. Allowable types of land use consistent with the floodplain include: . recreation or open space areas such as golf cours- es, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming ar- eas, parks, wildlife habitat, trails, nature preserves, and fishing areas · parking areas and heliports · public utility lines . agriculture and other open spaces . residential lawns, gardens, parking areas, and play areas . signs and signals delineating or accessory to parks, trails and other permitted uses as described in City Code Section 11.60 13. Prohibit permanent bridges, docks, storage piles, fenc- es, and other opstructions in the floodplain that would collect debris or restrict flood flows. Property owners who made any artificial obstructions to the beds, banks, waters, or channels of Bassett Creek or the floodplain after February 3, 1981 and without first obtaining a spe- cial permit or variance must remove them within 10 City of Golden Valley 0. </ Comprehensive Plan 2008- 2018 Chapter 10: Surface Water 10-13 ~.~1_""~"" v- , ;' ~*a.. \ ..'. '. .-,,, , ~~ D'. ",...1_ ',' .~ ..... - . -- ,. .". .~ ~ . .-- -. .L';.\~. " days after notification from the Flood Plain Adminis- trator. If the property owner fails or refuses to remove the obstruction within said time (or cannot be found or determined), the City may remove the obstruction. Re- moval costs shall be paid by the owner on demand, or they may be assessed against the land and collected as prescribed by law for levying and collecting special as- sessments for municipal improvements. 14. Prohibit filling within the BCWMC-established flood- plain. Proposals to fill within the BCWMC-established floodplain must obtain BCWMC approval and provide compensating storage and/or channel modification so that the flood level shall not be increased at any point along the trunk system due to the fill. 15. Prohibit expansion of existing non-conforming land uses within the floodplain unless they are fully flood-proofed in accordance with existing codes and regulations. 16. As opportunities arise, consider dedicating funds to the purchase of homes that have less than one foot of freeboard from their lowest opening to the established loo-year flood level, or that have an access that has a portion below the 100 year flood level. 17. Require that lowest floors of new permanent structures be at least two feet above the established 100-year flood- plain elevation. 18. It is the City's overall goal to prevent construction of new streets in !he floodplain and to bring existing streets ~. ...'11 , - .. ~ ~ ". ~'~.A ~,ol\:~ _ ~ ~t ___ 4 ~ ~~ ...... '~. - --- ~ ----/ --'" - ~ ~ " -~ ... ,- out of the floodplain, if possible. The City will discour- age development where the sole access to the site is through the established loo-year floodplain. If such ac- cess is unavoidable, the City will require that any new roads into the site crossing the floodplain be above the regulatory floodplain elevation. The City will not build new streets within the established 100-year floodplain, nor will the City allow new streets to be built within the established loo-year floodplain unless the new street is above the regulatory floodplain elevation. Recogniz- ing that existing streets within the established 100-year floodplain cannot be removed from the floodplain, the City will maintain and/or reconstruct such streets, and the City will allow such streets to be maintained and/or reconstructed. Erosion aod ~editnent Control I ,- , Goals A. Prevent erosion and sedimentation to the greatest ex- tent possible to protect the city's water resources from increased sediment loading and associated water quality problems. B. Implement soil protection and sedimentation controls whenever necessary to maintain health, safety, and welfare. " :r S ". '< rl Q' i<l ~ ,. .OJ 0::- " . ~, ~ "'X' , S: ",.' . I '" ~... Golc!.e'!. Vc.!lleJ/~ Gra_diTlg, f)rai'~fJ~ cmd E!'osiuTI n~11tml OrdiTlU11Ce ~ell's protect wat.!'r resolJr~es. .' -';" City of Golden Valley o#" Comprehensive Plan 2008-2018 10-14 Chapter 10: Surface Water C. Reduce erosion from small construction and landscap- ing sites. Policies 1. Encourage land use planning and development that minimizes sediment yield, through compliance with es- tablished city, BCWMC and MCWD policies. 2. Review projects and developments for compliance with the city, MPCA, BCWMC, and MCWD erosion and sedi- ment control standards. 3. Require development to comply with and follow ap- propriate best management practices for erosion and sediment control as specified in the Minnesota Storm- water Manual (2005), as may be amended. 4. Continue to require permits and the preparation of ero- sion control plans for construction projects according to Golden Valley City Code Section 4.31. Erosion control plans shall show proposed methods of retaining water- borne sediments onsite during the construction period and shall specify methods and schedules for restoring, covering, or re-vegetating the site after construction. 5. Review the City's existing Grading, Drainage, and Ero- sion Control Ordinance for content and examine the effectiveness of enforcement efforts. 6. Implement a program to control construction site de- bris storage and waste disposal. The City will analyze how to inspect and enforce, proper construction site waste manageIl\ent. 7. Continue to perf~rm regular erosibn and sediment con- trol inspections with coordination/cooperation with the BCWMC as appropriate. 8. Maintain a process for handling public complaints re- garding non-compliance issues. 9. Maintain a record-keeping process to store information regarding site inspection. 10. Continue the City's existing inspection programs and maintain an inspection log, elements to consider, fol- low-up procedures, and schedule guidelines for staff. Goal A. Remove sediment from catch basins before the sediment travels to water resources within the city. Policies 1. Continue to clean sump and problem catch basins in the spring and fall, and more frequently where needed. 2. Continue to perform targeted street sweeping. 3. Continue to explore implementation of emerging tech- nologies, BMPs, and methods as research develops. Goal A. Improve erosion and sediment control through aestheti- cally pleasing and environmentally friendly means. Policies 1. Continue to develop buffers of native and naturally ex- isting shoreline vegetation on city property. .- 2. Encourage and support the development of buffers of native and naturally eXisting shoreline vegetation on non-city property. 3. Continu~ to iIl}plement the City's tree preservation ordi- nance (City Code Section 4.3.2). 4. Consider the development of aesthetically pleasing new ponds in locations where feasible and appropriate. Wetlands and Natural Resources Goals A. Protect and restore wetlands to improve or maintain their functions and values in accordance with the Min- nesota Wetland Conservation Act. B. Protect and restore natural areas. Policies 1. Continue the City's role as the local governmental unit (LGU) for the Minnesota Wetland Conservation Act (WCA). 2. Continue to require wetland delineation with develop- ment proposals, as needed, and maximize buffer zones around wetlands where possible. 3. Continue to develop wetland banking credits within its wetland bank as opportunities arise. 4. Use all developed wetland credits for City of Golden Val- ley projects. 5. Continue to coordinate with other agencies that are also involved in the protection of wetlands. City of Golden Valley e <f" Comprehensive Plan 2008-2018 Chapter 10: Surface Water 10-15 ..:/!I .. I:; ~.r Q ~ ''1'1''" '" :r o S :r '" o q a :l: General Mills Nature Preservc~ ......io- 6. Continue to use the City's Natural Resource Inventory as a planning resource and update it on a regular basis. Recreation, Habitat, and Shoreland Management Goal A. Improve the qualitY of Bassett Creek and city lakes to enhance the aesthetics and recreation opportunities in Golden Valley. Policies 1. Support opportunities'to ~nhance recreational opportu- nities on Bassett Creek. 2. Develop objectives and guidelines to evaluate and pro- tect the natural aesthetics and attractiveness of lakes, ponds and adjacent uplands. 3. Maintain control and responsibility for shoreland regu- lation by continuing to implement the City's shoreland ordinance (City Zoning Code Section 11.65). 4. Promote and encourage protection of non-disturbed shoreland areas and restoration of disturbed shorelines and streambanks to their natural state where feasible. 5. Encourage preservation of streambank and lakeshore vegetation during and after construction projects. Groundwater Goal A. Protect the quantity and quality of groundwater resources. Policies 1. Cooperate with St Louis Park, Robbinsdale, Plymouth, and Minnetonka regarding wellhead protection ac- tivities and these adjacent cities' wellhead protection programs. 2. Coordinate with the Minnesota Department of Health to determine if the City has areas within a source water protection area for surface water intakes and assist in addressing impacts if needed. 3. Encourage groundwater recharge and protect recharge areas from potential sources of contamination. The City will promote groundwater recharge by encouraging infil- tration of storm water runoff. The City will use available information and guidance (eg, Minnesota Department of Health guidance) to evaluate the potential impacts of storm water infiltration BMPs on groundwater. 4. Cooperate with efforts to educate the general public concerning the importance of and the use of BMPs to prevent contamination of groundwater supplies. City of Golden Valley 0. <!7' Comprehensive Plan 2008~ 2018 10-16 Chapter 10: Surface Water Funding Goal A. Provide sufficient funding to implement measures and policies contained in this plan. Policies 1. Continue to use the City's Storm Water Utility Fee pro- gram to fund storm water-related activities. The Storm Water Utility Fee is the primary funding source for all storm water improvements related to the city's Surface Water Management Plan, Pavement Management Pro- gram and NPDES Phase II MS4 requirements. 2. Continue to seek funding for storm water related pro- grams and projects from other sources including, but not limited to, the Bassett Creek Watershed Management Commission, the Minnesota Department of Natural Re- sources, the Minnesota Department of Transportation, and the Minnesota Board of Water and Soil Resources. 3. Consider dedicating funds to purchase homes, as they become available, that have one foot or less freeboard to their lowest opening above the loa-year flood level, or that have access that has a portio~ below the 100- year flood level, or other properties below the loa-year mapped or unmapped floodplain. Education and Publi€ I'nvdlvement Goal , I , , A. Involve and educate Golden Valley residents in water re- ~ source related issues. Policies 1. Maintain a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of storm water discharges on water bodies and the steps that the public can take to reduce pollutants in storm water runoff. 2. Maintain the Golden Valley Environmental Com- mission to educate residents, raise awareness about environmental responsibility, and create a sense of col- laboration in the spirit of making and keeping Golden Valley an environmentally healthy city. 3. Continue to conduct an annual public meeting (with notice) to discuss the City's Storm Water Pollution " :T :;\ o 0- 't~..' 0. ~!"..."" ~ '."', ~ ......"A." "P' ..... ::t: umtl" Nfl 'IIM"TE ec 1JI1Il1~S TU (~nf.f.\~ Volunteers stencil messages near storm drains that lead to local watenuays to increase awareness of protecting water resources. Prevention Plan (SWPp'P) and inform the public about storm water impacts. City staff will analyze comments and written materials gathered at the public meeting and adjustlhe ~wPPP where appropriate. 4. Continue to provide support, where appropriate, for the development. and distribution of educational materials and assist ~t:her agencies' effdrts. 5. Continue to use volunteer groups to the greatest extent possible for public service projects such as catch basin stenciling, debris clean-up, stream bank erosion protec- tion, buckthorn removal, and vegetative buffer strips. 6. Continue to inform public employees, businesses, and the ge'neral public of the water quality hazards associ- ated with illicit discharges and improper disposal of waste. 7. Continue using demonstration projectsto educate the public on issues such as stream bank stabilization and aesthetically pleasing storm water ponds. 8. Continue to work with other agencies to develop an edu- cation program for schools in the city. 9. Continue to provide educational and informational ma- terials regarding storm water issues on the City web site (www.cLgolden-valley.mn.us) and cable TV channel. 10. Continue to include storm water-related information in packets to new residents. 11. Continue to dedicate at least one page to water or en- vironmental issues in Golden Valley's bi-monthly City newsletter to residents. 12. Establish programs to monitor storm drains for illicit discharge and stencil markings on storm inlets with as- sistance from public interest groups. City of Golden Valley'""-#" Comprehensive Plan 2008-2018 Section 3: Implementation n MPLEMENTJNG the Golden Valley's SWMP U involves several ~ignificant components, including the City's ~PDES Phase II MS4 permit, specific tasks required by the MCWD, operation and maintenance of the City's storm water system, capital improvement projects, studies, education and public involvement, funding, ordinance implementation and official controls, priorities, and SWMP update and amendment procedures. Golden Valley's current ordinances, official controls, and fu- ture needs are described in Section 4.6.1 of the SWMP (see Ap- pendix A). Some of the City's ordinances and official controls are tied with the implementation of its NPDES Phase II MS4 permit. The City's ordinance implementation is incorporated into Part C of Tables 10-4 and 10.5 below. To improve the City's efficacy regarding storm water man- agement, the City will develop a new storm water manage- ment ordinance. The new ordinance will deal with design requirements relating to the water quality aspects of ponding and other treatment devices and methods, along with water quantity requirements such as rate and volume controls and obstructions in the floodplain and floodways (docks, bridges, etc). It will codify the storm water design requirements of the BCWMC, Met Council, the City's NPDES permit, and City poli- cies. It will also address illicit discharges and new connections, as well as outline the process and roles of other agencies. 10-18 Chapter 10: Surface Water The implementation program is sum- marized in Tables 10-4 and 10.5 and at the end of Section 5 of the SWMP (see Appendix A). Each table is divided into five parts: · Part A-Capital Improvement Projects · Part B- Studies · Part C- Official Controls · Part D- Operation and Mainte- nance Programs · Part E- Public Education, Outreach, Participation, and Involvement Table 10-4 presents the details of the implementation program, including a project description, cost estimate, po- tential funding sources, and proposed years of implementation. Table 10.5 summarizes the implementation pro- gram year-by-year, listing the project number and estimated costs for every year from 2008-2017. Table 10.4: City of Golden Valley Water Resources Implementation Program Project Number Project Description Cost Estimate ($)* Potential Funding Sources Proposed Year(s) of Implementation Contract or City Staff Part A. Capital Improvement Projects SS-1 Residential Storm Sewer Improvements 5,500,000 Storm Sewer.... ~ Contract 2009-2013 Utility Fund , SS-10 Lakeview Park Wetland Restoration 150,000 Storm Sewer Contract 2012 Utility Fund SS-11 Stormwater Improvements and Wetland Restoration 280,000 Storm Sewer Cdntract 2012 ~ (with Pavement Management Program) , Utility Fund SS-13 Western Avenue Marsh Restoration 55,000 Storm Sewer Contract 2012 Utility Fund SS-16 Purchase Vacuum Street Sweeper 230,000 Storm Sewer Contract 2012 Utility Fund SS-18 Stormwater Ponds 500,000 Storm Sewer Contract 2009 Utility Fund SS-20 Streambank Stabilization 1,595,000 Storm Sewer Contract 2008-2012 Utility Fund (95,000) BCWMC , , (1,500,000) 1 SS- 21 Golden Valley Drive Storm Sewer 75,000 Storm Sewer Contract 2008 Utility Fund SS-22 Purchase Pickup Truck 26,000 Storm Sewer Contract 2012 J~ Utility Fund SS-23 Stormwater Pond Dredging 350,000 Storm Sewer Contract 2009-2013 Utility Fund ! Part B. Studies SS-11 General Mills JFB Storm/Wetland Feasibility 20,000 Storm Sewer Contract 2012 Utility Fund SS-A Prepare Citywide Hydrologic Model (including Decola 100,000 Storm Sewer Contract 2008-2009 Ponds analyses) Utility Fund SS-B Hydraulic analysis for Wisconsin Ave control structure 5,000 Storm Sewer Contract 2009 in concert with SS-A Utility Fund SS-12 Brookview Buffer study 30,000 Storm Sewer Contract 2012 Utility Fund SS-C Loading reduction review for MCWD portion of city 2,000 Storm Sewer Contract 2008 Utility Fund SS-D City-wide Water Quality BMP Implementation Study 10,000 Storm Sewer Contract 2008 Utility Fund *Cost estimates are based on 2007 dollars, do not account for inflation, and are for planning purposes only. City of Golden Valley 0. r Comprehensive Plan 2008- 2018 Chapter 10: Surface Water 10-19 Project Number Project Description Cost Estimate ($)* Potential Funding Sources Contract or City Staff Proposed Year(s) of Implementation -~. - - - - - - - --- - I Part C. Official Controls ! - - - J SS-E Develop and adopt stormwater management ordi- 15,000 General Fund City Staff 2008 nance SP 4.A.B Review/revise existing grading drainage and erosion 5,000 General Fund City Staff 2008 control ordinance SP4.F Establishment of procedures for grading drainage and 15,OOO/yr Storm Sewer City Staff 2008.2017 erosion control site inspections and enforcement. Utility Fund SP 3.B Develop regulatory mechanism prohibiting non-storm 5,000 Storm Sewer City Staff 2008 water discharges Utility Fund SP 3.C.2 Program to detect and address illegal dumping 5,OOO/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 4.E Establishment of procedures for the receipt and con. 2,500/yr Storm Sewer City Staff 2008-2017 sideration of reports of stormwater noncompliance Utility Fund ~ SP 6.B.4 Program to deal with stockpile, storage, and mate- 1,500/yr Storm Sewer City Staff 2008-2017 rial handling areas Utility Fund SP4.C Construction site waste disposal and debris storage 2,000/yr .., City Staff 2008-2017 Storm S~wer Utility Fund TOTAL ANNUAL: 26,OOOiyr' . , . - - - - - - - , _~art D. Operation and Maintenance Controls i SP 3.A.1 Maintain storm sewer system map. 5,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 3.C.1 Identification of illicit non stormwater discharge. 1,000/yr Storm Sewer City Staff 2008-2017 . Utility Fund SP 5.A Enforce/implement WMO BMP requirements. 1,500/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 5.C Private BMP maintenance agreements tracking. 1,OOO/yr Storm Sewer City Staff 2008-2017 ... Utility Fund SP 6.A Training for city staff regarding storm water issues. 10,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 6.B.1 B Street and parking lot sJ.,eeping program. 125,000/yr Storm Sewer City Staff 2008-2017 . , , Utility Fund SP 6.B.2 Annual inspection of structural pollution control 5,000/yr Storm Sewer City Staff 2008-2017 devices. Utility Fund SP 6.B.3 Inspect at least 20% of the ms4 outfalls, sediment 6,500/yr Storm Sewer City Staff 2008-2017 basins and ponds each year on a rotating basis. Utility Fund SP 6.B.5 Inspection follow up, determination of necessary ac- 20,000/yr Storm Sewer City Staff 2008.2017 tion and implementation of corrective measures. Utility Fund SP 6b-6 Inspection annual report. 2,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 6.B.7 Establish activity tracking. 2,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 6.B.1A Automotive spill and leak program. 1,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 6.B.1C Storm drain system cleaning. 50,OOO/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 6.B.1D Hazardous material management. 1,500/yr Storm Sewer City Staff 2008.2017 Utility Fund SP 6.B.1E Road salt storage and handling review. 2,000/yr Storm Sewer City Staff 2008-2017 Utility Fund *Cost estimates are based on 2007 dollars, do not account for inflation, and are for planning purposes only. City of Golden Valley '0 F Comprehensive Plan 2008-2018 10- 20 Chapter 10: Surface Water SP Used oil recycling. 1,000/yr Storm Sewer City Staff 2008-2017 6.B.1F Utility Fund SP Develop/maintain spill response plan. 1,000/yr Storm Sewer City Staff 2008-2017 6.B.1G Utility Fund SP Annual MS4-SWPPP activities 3,000/yr Storm Sewer City Staff 2008.2017 2.A,B,C Utility Fund SS-F Annual report to the MCWD on task implemen- 1,000/yr Storm Sewer City Staff 2008-2017 tation Utility Fund SP 3.A.2 Bassett Creek Inventory 9,000/yr Storm Sewer City Staff 2008.2017 Utility Fund SS-G Develop system inspection protocol & program 9,000 Storm Sewer City Staff 2014 Utility Fund SS-H Maintain 17 pond buffer areas " . 2008-2017 22,000/yr Storm Sewer Contract Utility Fund ~ TOTAL ANNUAL: 270,500/yr _..-----~--- ..-_. ~ - - -- ~ i Part E. Public Education, Outreach, Participation, and Involvement : - - ------ ---- -- - .. . -- SP 1.A.1 Implement storm water communications plan 2,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 1.A.2 Develop internet site information 1,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 1.A.3 Develop and distribute storm water educational 3,500/yr Storm Sewer City Staff 2008-2017 materials Utility Fund SP 1.A.4 Develop and distribute new resident packet 1,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 1.A.5 Local cable TV scroll 500/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 1.A.6 City Newsletter 500/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 2.B Conduct annual meeting 500/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 2.0.1 Volunteer storm drain stenciling program 1,300/yr Storm Sewer City Staff 2008.2017 Utility Fund SP 2.0.2 Adopt-a-storm-drain program 1,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 2.D.3 BCWMC public meetings 1,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 2.0.4 Environmental Commission meetings 2,000/yr Storm Sewer City Staff 2008-2017 Utility Fund SP 3.0 Public and employee illicit discharge informa- 5,000/yr Storm Sewer City Staff 2008-2017 tion program. Utility Fund TOTAL ANNUAL: 19,300/yr *Cost estimates are based on 2007 dollars, do not account for inflation, and are for planning purposes only. City of Golden Valley C 4"' Comprehensive Plan 2008- 2018 Chapter 10: Surface Water 10-21 55-1 900,000 900,000 1,100,000 1,100,000 1,200,000 1,200,000 55-10 150,000 55-11 280,000 55-13 55,000 55-16 230,000 55-18 500,000 55-20 535,000 471,500 588,500 55-21 75,000 55-22 26,000 ~ 55-23 75,000 105,000 170,000 Total CIP 1,510,000 1,475,000 1,571,500 1,435,000 2,299,500 1,370,000 - j i Part B. Studies -- .~ . -- . . . . . - 55-11 20,000 ~ 55-A 50,000 50,000 55-6 5,000 , . 55-12 30,000 55-C 2,000 15,000 \ , 55-0 10,000 25,000 Total 62,000 65,000 "25,000 50,000 ... I' - ... - .. I Part C. Official Controls I ~---- - - - u . - 55-E 15,000 - . ~ 5P 4.A.6 5,000 5P 4.F 15,000 15,000 15,000 , .15,000 15,000 15,000 15,000 15,000 15,000 15,000 5P 3.6 5,000 5P 3.C.2 5,000 . 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5P 4.E 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 2,500 5P 6.6.4 1,500 1~5oo 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 5P4.C 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 Total 51,000 26,000 26,000 26,000 26,000 26,000 26,000 26,000 26,000 26,000 Part D. Operation and Maintenance Programs 5P 3.A.1 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5P 3.C.1 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5P 5.A 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 5P 5.C 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5P 6.A 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 5P 6.6.16 125,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 5P 6.6.2 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5P 6.6.3 6,500 6,500 6,500 6,500 6,500 6,500 6,500 6,500 6,500 6,500 5P 6.6.5 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 5P 6.6.6 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 .Cost estimates are based on 2007 dollars, do not account for inflation, and are for planning purposes only. City of Golden Valley"" <fT' Comprehensive Plan 2008 2018 10-22 Chapter 10: Surface Water Estimated Costs by Year ($)* SP 6.B.7 SP 6.B.1A SP 6.B.1C SP 6.B.10 SP 6.B.1E SP 6.B.1F SP 6.B.1G SP 2.A,B &C SS-F SP 3.A.2 SS-G SS-H Total O&M 270,500 270,500 270,500 270,500 270,500 ~70,590 2,000 2,000 2,000 2,000 1,000 1,000 1,000 1,000 50,000 50,000 50,000 50,000 1,500 1,500 1,500 1,500 2,000 2,000 2,000 2,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 3,000 3,000 3,000 3,000 1,000 1,000 1,000 1,000 9,000 9,000 ~'" 9,000 9,000 9,000 22,000 22,000 22,000 22,000 ~ , \. 27.9,500 270:500 270,500 270,500 2,000 2,000 2,000 2,000 2,000 2,000 1,000 1,000 1,000 1,000 1,000 1,000 50,000 50,000 50,000 50,000 50,000 50,000 1,500 1,500 1,500 1,500 1,500 1,500 2,000 2,000 2,000 2,000 2,000 2,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 3,000 3,000 3,000 3,000 3,000 3,000 1,000 1,000 1,000 1,000 1,000 1,000 9,000 9,000 9,000 9,000 9,000 9,000 22,000 22,000 22,000 22,000 22,000 22,000 I Part E. Public Education, Outreach, Participation, and Involvement SP 1.A. 1 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 SP 1.A.2 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 SP 1.A.3 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3,500 3,500 SP 1 .A.4 1,000 1,000 1,000 ~ 1,000 1,000 1,000 1,000 1,000 1,000 1,000 SP 1.A.5 500 500 500 500 500 500 500 500 500 500 SP 1.A.6 500 500 500 500 500 500 500 500 500 500 SP 2.B 500 500 500 500 500 500 500 500 500 500 SP 2.0.1 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 1,300 SP 2.0.2 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 SP 2.0.3 1,000 1,000 1',000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 SP 2.0.4 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 SP 3.0 5,000 5;000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 TOTAL 19,300 J9,300 19,300 19,300 19,300 19,300 19,300 19,300 19,300 19,300 *Cost estimates are based on 2007 dollars, do not account for inflation, and are for planning purposes only. City of Golden Valley o..cr- Comprehensive Plan 2008-2018 'Vuter Body Reach Intpuirmcnt Target Start Target Conlments Completion Ivledicine Lake to l\lississippi Additional fishery ar.d Bassett Creek Fish (HI 200() 2001) macroinvertelwate monitodng to be River completed In 2007 and 2008 Sweeney lake Lak~ Excess NutdenL<; 2006 2007 TMDl Study to be completed in 2007 Excess NutJients 2011 2016 TMDL Study to be completed in 2008 Wirth Lake Lake or 200Q Mercury impair:nent coyered hy l\lercl.:ry FCA 11)99 2001 :.LaLcwillc TMDL fur Men,:ul)' Excess Nutrients :wo5 :!Oo8 Scope of work bdn~ developed for Medic:ne Lake1 Lake TMDL analysis i\lerCl:ry FCA 11)99 2011 IVlcn;ur)' illlpair:l1cl1lcu\'cn.:u 11)' statewide ,[MDL for Mer<:ury 1 - Medicine Lake is located [>ul.side of the City af Golden Valley. A por:ion of the City is tributary to Medicine Lake. 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I . . 0-- ~ '"'-/;"" \....:........"'''''> 'of. ~.!~' ~ ~ :It''''.'"''''''' .. ~> I ; . i b alley Memorandum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 4. B. Public Hearing - Ordinance No. 414 - Conditional Use Permit 09-124 - 721 Hampshire Avenue South - Imola Motorsports, Kevin Tan, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the January 12, 2009 Planning Commission meeting, the Commission held an informal public hearing on a Conditional Use Permit (CUP) request by Kevin Tan of Imola Motorsports. Mr. Tan proposes to operate an auto repair and maintenance facility for high end vehicles in the space formally occupied by Kennedy Transmission at 721 Hampshire Avenue South. The attached memo from me to the Planning Commission dated January 8, 2009 goes into detail regarding the application. This CUP application was received by the City in late November 2008, prior to the December 1, 2008 effective date of the new Mixed Use Zoning District. Because the application was received prior to December 1, 2008, the City has processed the application under the Industrial zoning that was in place in November 2008. A copy of the approved January 12, 2009 minutes is attached for your review. The minutes indicate that no one spoke at the public hearing. After discussion, the Planning Commission voted to recommend approval of the Conditional Use Permit subject to the conditions listed below. Overall, the Commission felt that Imola Motorsports was a good fit for the property. 1. Imola Motorsports Inc. will operate in the south 70 foot by 150 foot portion of the building at 721 Hampshire Avenue South. 2. All signage shall meet the requirements of the City sign code for the Industrial zoning district. 3. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official. 4. The applicant will keep the overhead door closed except when bringing vehicles into the building. 5. The memo from Deputy Fire Marshal Ed Anderson and dated December 8, 2008, is attached and his recommendations shall become a part of this approval. (Please note that the Deputy Fire Marshal mistakenly thought that there would be auto body work and painting done by Imola.) 6. Only auto repair shall be done by Imola. No body work or painting shall be permitted. 7. All other applicable state, local and federal requirements shall be met. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Attachments Location Map (1 page) Planning Commission minutes dated January 12, 2009 (3 pages) Memo to Planning Commission dated January 8,2009 (4 pages) Memo from Deputy Fire Marshal Ed Anderson dated December 8,2008 (1 page) Applicant's Narrative (1 page) Site Plans (4 pages) Ordinance No. 414, Approval of Conditional Use Permit Number 09-124,721 Hampshire Avenue South, Imola Motorsports, Kevin Tan, Applicant (2 pages) Photos of the property (3 pages, loose in agenda packet) Recommended Action Motion to approve Ordinance No. 414, Approval of a Conditional Use Permit Number 09-124, 721 Hampshire Avenue South, Imola Motorsports, Kevin Tan, Applicant. 101 151 w MARKET ST 6955 901 6944 Subject Property 6\ll)1 801 6IiOO W8 1394 TO I..OUlSlA~ Alii! S INTERSTATE 394 . INTERSTATE 394 . .... AV1! SToes 1394 .. \,gy1SlA."'" (j) M"!",,__AlclMS. C~iC! l.I:lGlSGlS:ilXl5 145 515 f',.,~.,:: "1 28 6610 ~. ..~ i.6695 666S 658S ~. 8 ,6614 66lJI) fi580 o 102 0 o 0 .i_ill ~; <1' 211 il 100 o '1110 0 o III 6/illlI 9lI5 850 840 900 III ~ < d I .., 900 66>> fl40lI 63011 $8 fflW'11'iA' .lI:MS.:rOW<<f5. .. .' .. !J4'" ~8139 . '" 4...... 'us... . .c. ..~ w 00$ 'I. II <116f. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 4 Commissioners would rather have it s y "throughout the City". Clancy said she d ' see a concern with amending e last sentence but that she e to have th rtunity to talk to the rest f the staff before cha . MOVED b dhauser, seconded by ra and motion carried un reco d approval the Surface Water anagement Plan Element of C prehensive Plan 3. Informal Public Hearing - Conditional Use Permit - 721 Hampshire Avenue South - CU-124 Applicant: Imola Motorsports, Kevin Tan Address: 721 Hampshire Avenue South Purpose: To allow an auto repair/maintenance business in the Mixed Use zoning district Grimes explained that the applicant is proposing to use approximately 10,000 square feet of the building located at 721 Hampshire Avenue South for the repair and maintenance of high end vehicles. He noted that this property has been used in the past for automotive types of businesses. . Grimes stated the property was previously zoned Industrial but as of December 1, 2008 the property was rezoned to Mixed Use. The application was submitted before December 1, 2008 so it can be considered under the Industrial zoning district requirements. Grimes stated that there will be no auto body work allowed. He noted that according to the applicant, the cars will be stored inside the building. There will be 5 to 10 employees, and the hours will be 9 am to 9 pm. Grimes said that staff is in support of this proposal. Keysser asked about the length of the lease. Grimes said that the applicant has a three-year lease. Keysser asked what would happen to the Conditional Use Permit if the applicant's lease is not renewed after three years. Grimes explained that the Conditional Use Permit would continue with the property as long as the same type of Minutes of the Golden Valley Planning Commission January 12, 2009 Page 5 business goes in the space and there is not more than a 6 month gap between owners. Keysser asked Grimes if staff has any environmental concerns with this use. Grimes said no because the building is already set up to be used for automotive repair. Kluchka asked if the Conditional Use Permit is issued to the property owner or to the applicant. Grimes said it is issued to the applicant, but that the owner of the property signed the application giving the applicant permission to ask the City for a Conditional Use Permit. Kluchka asked what would happen to this proposal if the applicant would have applied after December 1, 2008. Grimes explained that if there wasn't a 6 month gap between owners the applicant could have opened his business with no City approvals. He added that the City Council delayed the adoption of the Mixed Use zoning district, in part, to offer business owners the chance to "get in" before the Zoning Code changes went into effect. Kluchka asked what potential impacts there would be if this proposal was submitted in 2009. Grimes stated that this proposal would not be permitted in the Mixed Use zoning district. Kluchka asked if there have been any other applicants turned away due to the requirements of the Mixed Use zoning district. Grimes stated that this has been the first proposal in the Mixed Use zoning district. Kevin Tan, Applicant, explained that there is a unique market to do high end automotive repair and maintenance and that is the type of customer they will cater to. He reiterated that there will be no cars parked outside, other than employee cars and that there will be no auto body work. Keysser asked the applicant if he is going to be buying and selling cars too. Tan said no he will only being doing maintenance and repair. Eck asked the applicant if this is a new business for him. Tan stated that he has always done this type of work on the side, but having a separate business will be new to him and he already has approximately 120 customers. Eck asked about the exhaust system in the building. Tan said there is a full exhaust system in the building. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. McCarty said he is in support of this proposal. Eck said it is interesting that if this proposal was brought forward today it would not be allowed but the building has been used as a transmission shop for years. He said Minutes of the Golden Valley Planning Commission January 12, 2009 Page 6 he is in support of the proposal because this use in this location won't impact anyone. Cera agreed. Waldhauser said her only concern is what might be adjacent to this property in the future especially if it is residential. Kluchka said he thinks this will be a good transitional use and he is in support oUhe proposal. He added that hopefully Borton (the building owner) will think about other mixed uses in the future. MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend approval of an auto repair/maintenance business at 721 Hampshire Avenue South with the following conditions: 1. Imola Motorsports Inc. will operate in the south 70 ft. by 150 ft. portion of the building at 721 Hampshire Ave. S. 2. All signage shall meet the requirements of the City sign code for the Industrial zoning district. 3. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official. 4. The applicant will keep the overhead door closed except when bringing vehicles into the building. 5. The memo from Deputy Fire Marshal Ed Anderson and dated December 8, 2008, is attached and his recommendations shall become a part of this approval. (Please note that the Deputy Fire Marshal mistakenly thought that there would be auto body work and painting done by Imola.) 6. Only auto repair shall be done by Imola. No body work or painting shall be permitted. 7. All other applicable state, local and federal requirements shall be met. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. 4. Informal Public Hearing - Zo ing Code Amendment - Paved rface/Patio Setback Requ. ements in the Single Family (R-1) Zoning DI . Applicant: Purpose: Hogeboom stated th~ aft is recomm nding the zon'f de be amended to require that pati~ood paved surfaces e required to be se '3 feet from side yard propert 'rles as are driveways. H explained that the reason for this requested amendm is that there was recently applicant at the Board of Zoning Appeals who ted to replace his existing drive ay and call a portion of it a patio so that he Planning 763-593-8095/763-593-8109 (fax) Date: January 8, 2009 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing-Conditional Use Permit (CUP) for Imola Motorsports Inc., 721 Hampshire Ave. S. Kevin Tan is the owner of Imola Motorsports Inc. He has submitted an application for a Conditional Use Permit (CUP) in order to operate an auto repair business in the south portion of the building owned by Borton Volvo at 721 Hampshire Ave. S. This building is directly north of the Borton Volvo dealership. This property was purchased by Borton in June 2007 and has been renovated. The renovation included parking lot improvements and a new fa98de on the front of the building. The look of the building and site is much improved since the renovation was completed. Borton plans to rent the south 70 ft. of the building to Imola. This portion of the building has been previously used for auto related businesses including Kennedy Transmission. According to the street file, there was also an auto and marine body shop in this building many years ago. The property is currently zoned Mixed Use. However, application for this proposed CUP permit was made on November 26, 2008. Since the Mixed Use district did not go into effect until December 1, 2008, the application for the auto related conditional use permit must be considered under the previous zoning of the property. The previous zoning was Industrial. Within the Industrial zoning district, automobile repair shops are allowed by conditional use permit. Within the area around this proposed auto use, there are other auto related uses including Borton Volvo, two auto body shops and several drive-through restaurants. Section 11.80 of the Zoning Code outlines the procedure for the evaluation of conditional use permits. It states the process for review and the factors that must be considered by the Planning Commission. The Planning Commission is asked to make a finding on these factors and make a recommendation to the City Council. The City Council also holds a public hearing on the CUP applications and the Council makes the final decision. SUMMARY OF PROPOSED USE OF SITE 1. Description of proposed business - Imola Motorsports Inc. plans to lease about one third of the building owned by Borton Volvo. The entire building is about 31,500 sq. ft. in area and the portion to be rented by Imola is about 10,500 sq. ft. in area. The remainder of the building is used for warehouse space by Starchtech. Starchtech manufactures packing 1 "peanuts" in the building directly to the east. The total size of the property is about2.2 acres or 99,000 sq. ft. The space that they are renting was previously used by Kennedy Transmission. There is an overhead door in the front and rear of the space to be rented by Imola. Any alteration to the building necessary for carrepair will have to meet current building and fire code requirements. It is my understanding that the cars will only be stored inside the building when they are being worked on. Mr. Tan has told me that there will be minimal outside storage of cars other than employee cars due to the value of cars that are worked on by Imola. There will also be a small office for the business. It is my understanding that there will be less than five employees with the possibility of up to ten employees. The business is described in the attached narrative provided by Imola. I have also talked to Mr. Tan and a representative from Borton about the proposed business. Mr. Tan said that Imola will repair high end European and other foreign cars. Repairs would include standard maintenance with some installation of aftermarket parts. There would be a couple of lifts in the space for alignment, suspension and other work. The work done in this shop would be similar to the work done within the Borton Volvo shop. The repairs-would not include any body work or painting. 2. Parking - There is more than adequate pa.rking on the site for Imola and the Starchtech warehouse. There are approximately 90 parking spaces on the site. The warehouse portion of the building used by Starchtech requires only 8 parking spaces while the Imola portion of the building will require about 15 spaces based on four spaces per service bay. The existing parking lot was recently improved and it does meet the setback requirements on the north and west side of the building. Along the south and west side of the building, the parking lot is nonconforming but can remain "as is". If the parking lot on the south and west side of the building is reconstructed, it would have to meet setback requirements at that time. 3. Hours of Operation - The hours of operation will be from 9 am to 9pm. Due to its location, staff does not see any reason to restrict hours of operation. As with any auto repair use, the doors must be closed when cars are being worked on the minimize noise issues. FACTORS FOR CONSIDERATION FROM SECTION 11.80 OF ZONING CODE In approving or denying a CUP, City Code requires that finding be made on ten specific factors. Staff evaluation of those factors as they relate to the current proposal is as follows: 1. Demonstrated need for the use: The City's standard basis for determining need is that an applicant has identified a market for the proposed good or service. In this case, the applicant believes thatthere is a market for high end auto repair in this location. 2. Consistency with the Comprehensive Plan: The plan map identifies the site for mixed uses. The previous designation for this area was Industrial. Because the application was made prior to December 1, 2008, the City must consider the application as the zoning and comprehensive plan were at that date. Auto repair and storage is considered a conditional use in the industrial zoning district. Many auto repair businesses operate in industrial areas throughout the city. 3. Effect of Property Values in the Area: The auto repair business will not have a negative impact on property values in the area. The proposed use is isolated from residential areas 2 and is adjacent to a railroad track and other auto uses. Auto oriented businesses are best suited for these types of areas that are isolated from other non-industrial uses. 4. Effect of any anticipated traffic generation upon current traffic flow and congestion in the area: This auto repair business will generate a limited number of trips. There is good access to this area due to its proximity to 1-394. 5. Effect on any increase in population: Staff does not believe that the number of employees (less than five) or clients that will be on site will cause a negative impact on the area. Since this is a nonresidential development, there will be no increase in population of the area. 6. Effect on noise levels in the area: There may be some noise level increase from the auto repair business although staff believes it will minimal. Due to the location of the business near 1-394 and railroad tracks, the noise from the business will not have a significant impact on adjacent neighborhoods. In addition, the overhead doors will remain closed during working hours. 7. Any odor, dust, smoke, gas or vibration caused by this use: Due to the location near 1- 394 and the railroad tracks, these issues will not be a problem at his location. 8. Visual appearance of the proposed structure or use: The building was recently renovated to improve the visual appearance of the building and site. The only change to the building will be signage. 9. Any increase in flies, rats, or other animals or vermin in the area caused by the use: With proper waste disposal, these pests should not be a problem. 10.0ther concerns regarding the use: Modifications to the inside and outside of the building will be addressed as part of the building permit process. If there is going to be a new dumpster on the site, it must be screened with materials approved by the building official. RECOMMENDED ACTION Staff recommends approval of the CUP for the operation of an auto repair shop in the south 10,500 sq. ft. of the building at 721 Hampshire Ave. S. The staff believes that this location is appropriate for a car repair operation. Staff does not see any need to limit hours of operation due to the location away from residences. There are several other auto oriented businesses in this immediate area due to its good access to the street and highway system. The staff recommends the following conditions: 1. Imola Motorsports Inc. will operate in the south 70 ft. by 150 ft. portion of the building at 721 Hampshire Ave. S. 2. All signage shall meet the requirements of the City sign code for the Industrial zoning district. 3. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official. 4. The applicant will keep the overhead door closed except when bringing vehicles into the building. 3 5. The memo from Deputy Fire Marshal Ed Anderson and dated December 8, 2008, is attached and his recommendations shall become a part of this approval. (Please note that the Deputy Fire Marshal mistakenly thought that there would be auto body work and painting done by Imola.) 6. Only auto repair shall be done by Imola. No body work or painting shall be permitted. 7. All other applicable state, local and federal requirements shall be met. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Attachments: Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated December 8,2008 (1 page) Applicant's Narrative (1 page) Site Plans (4 pages) Photos of the Property (3 pages) 4 1 Memorandum Fire Department 763-593-8079 /763-593-8098 (fax) To: Mark Grimes, Director of Planning & Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit CU-124 Imola Motorsports Date: December 8, 2008 cc: The Golden Valley Fire Department has reviewed the application for the conditional use permit for Imola Motorsports located at 721 Hampshire Avenue South. According to the application information, this proposed site will be used for automotive and marine repair, maintenance and auto body operations located within this building. The Golden Valley Fire Department will require the following Fire Code requirements for this proposed location: 1. The automotive and marine repair operation proposed for this site shall meet the requirements of the current Minnesota Fire Code. 2. The body shop operation proposed for this site shall meet the requirements of the current Minnesota Fire Code. 3. The current fire suppression system located in the building shall be re-evaluated for the proposed use by a Minnesota state licensed sprinkler contractor. 4. The use and storage of flammable and combustible liquids, including paints and other chemicals used for the auto body operations, shall meet the requirements of the Minnesota State Fire Code. 5. The proposed use of an auto body operation, including the use of paint booth and other associated equipment, shall meet the requirements of the Minnesota State Fire Code. If you have any questions, please contact me at 763-593-8065. Narrative for Imola Motorsports Inc. Hours of Operation: 9AM - 9PM Approximately 4-5 employees The primary use for this property will be for Automotive repair and maintenance. Approximately 80% / 8000 sqft of this space will be devoted to shop space in which there will be automotive lifts and an additional 2 lifts for storage lifts of project cars. The r~maining 20% / 2650 sqft of the space will be dedicated to showroom / waiting lounge 'and offices ofwhich'there~willbe:a small amount 'of retail sales. . As a startup, there will be about 5 employees initially with the possibility of expanding up to 10 employees. We expect the number of customers to vary from an estimated 5-20 customers daily. Parking of any customer vehicles will be primarily INSIDE the shop space. There will not be any vehicles parked outside the building except during business hours. This will be only in the spaces provided to us by the Borton Group. 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ORDINANCE NO. 414, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 09-124 721 Hampshire Avenue South Imola Motorsports, Kevin Tan, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use Permit for certain tracts of land at 721 Hampshire Avenue South, thereby allowing the repair and service of automobiles in the existing building located in the Industrial zoning district. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. Imola Motorsports Inc. will operate in the south 70 ft. by 150 ft. portion of the building at 721 Hampshire Avenue South 2. All signage shall meet the requirements of Industrial zoning district. 3. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official. 4. The applicant will keep the overhead door closed except when bringing vehicles into the building. I 5. The recommendations found in the memo from Deputy Fire Marshal Ed Anderson dated December 8, 2008 shall become a part of this approval. 6. Only auto repair shall be done by Imola. No body work or painting shall be permitted. 7. All other applicable local, state, and federal requirements shall be met. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. Section 2. The tract of land affected by this ordinance is legally described as follows: Parcel 1 : Tract K, Registered land Survey No. 412, County of Hennepin. Certificate of Title No. 792948 Parcel 2: that part of Tract I, lying East of a line drawn 60 feet West and parallel with the West line of Tract K and the extension thereof, and South of a line 60 feet North and parallel and with the North line of Tract K and the extension thereof, Registered Land Survey No. 412, County of Hennepin. Certificate of Title No. 792949 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 3rd of February, 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. VirniQ Susan M. Virnig, City Clerk ._~ .... , " . i: . ,"~~ ~';'.~, ~~ I'. .~~ .', .~. '. ~ .'t., .,,.,...., , . , ;.. .. ..... ''I' i~' (2- - ~- ,." - Hey M mo ndum Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 4. C. Public Hearing - Ordinance #415 - Paved Surfaces/Patio Setback Requirements - Single Family (R-1) Zoning District Prepared By Joe Hogeboom, City Planner Summary Currently, no setback requirements exist for patios and other paved surfaces in the Single Family (R-1) Zoning District. In most cases, city permits are not required for the installation of a patio. This allows pavement to extend to the property line, creating the possibility for conflicts between neighboring property owners. The Planning Department has issued a survey to area municipalities regarding setback requirements for paved surfaces. The results of the survey indicate that many cities implement a five foot setback with regard to patios, sidewalks, and other paved surfaces. Currently, the City requires a three foot setback for new driveway construction in the Single Family (R-1) Residential Zoning District. This requirement, enacted in 2005, serves to reduce the negative impacts of driveways on neighboring properties. Staff feels three feet is a reasonable setback requirement for all paved surfaces. The Planning Commission unanimously recommended approval of this change. Attachments Planning Commission Minutes dated January 12, 2009 (3 pages) Memo to Planning Commission dated December 31, 2008 (2 pages) Letter from Ginger Dunlap to Planning Commission dated December 31,2008 (2 pages, including 12 photos, loose in agenda packet) City Code Section 11.21, Subd. 19 underline/overstrike version (1 page) Ordinance #415, Amendment to Section 11.21 Regarding Paved Surfaces/Patio Setback Requirements in the Single Family (R-1) Zoning District (1 page) Recommended Action Motion to adopt Ordinance #415, Amendment to Section 11.21 Regarding Raved Surfaces/Patio Setback Requirements in the Single Family (R-1) Zoning District (1 page) Minutes of the Golden Valley Planning Commission January 12, 2009 Page 6 Kluchka sai proposal. He a d that hopefully Bort mixed uses in the transitional use and he is in (the building owner) will . e is in support of the proposal becaus his use in this location won't impact a one. Cera agreed. Wal user said her only concern is w t might be adjacent to this property in the futuree MOVED by McCarty, se ded by Eck nd motion carri .' nanimously to recommend approval of an to repair/ iness at 721 Hampshire Avenue South with the followi 1. Imola Motorsports Inc. will operat uth 70 ft. by 150 ft. portion of the building at 721 Hampshire Ave. S. 2. All signage shall meet the require he City sign code for the Industrial zoning district. 3. If there is an outside dumpst ,It m of material compatible wit e build as determ . d by the Building Official. 4. The applicant will keep overhea; oor closed ex into the building. ' 5. The memo from D d Anderson and dat ecember 8, 2008, is attached and recommendation hall become a part of tli' pproval. (Please note t the Deputy Fire Ma hal mistakenly thought tha re would be auto body rk and painting done by 'ola.) 6. Only aut epair shall be done by Imo ~ No body work or painting shall permi 7. All er applicable state, local and feral requirements shall be met. 8. E ure to comply with one or more of the above conditions shall be grounds for evocation of the CUP. 4. Informal Public Hearing - Zoning Code Amendment - Paved ~urface/Patio Setback Requirements in the Single Family (R-1) Zoning District Applicant: City of Golden Valley Purpose: To amend the R-1 Single Family Zoning District in regard to paved surface/patio setback requirements Hogeboom stated that staff is recommending the zoning code be amended to require that patios and paved surfaces be required to be setback 3 feet from side yard property lines as are driveways. He explained that the reason for this requested amendment is that there was recently an applicant at the Board of Zoning Appeals who wanted to replace his existing driveway and call a portion of it a patio so that he Minutes of the Golden Valley Planning Commission January 12, 2009 Page 7 could construct it right up to the property line. He stated that he asked several cities about their requirements for paved surfaces and the most common response was a 5-foot setback requirement for paved surfaces. He stated that staff is asking the Planning Commission to recommend approval of requiring a 3-foot setback for all paved surfaces because that would be consistent with the driveway requirements. Keysser asked how the proposed ordinance language would allow for pervious pavers. Waldhauser reminded the Commission that pervious pavers were discussed during the "infill housing" discussions they've had in the past. At that time it was agreed that only 40% of the front yard may be covered with concrete, bituminous pavement, or pavers of any kind. Hogeboom stated that staff will be looking at requirements for pervious pavers separately. Waldhauser stated that she would like to see patios have a 5-foot setback requirement because decks and accessory structures are typically 5 feet away from the property lines and 5 feet would allow enough room for screening with plants. Grimes added that if a deck is attached then it has to follow the same setback requirements as the principal structure, which is more than 5 feet, depending on the width of the lot. Kluchka suggested using the same setback requirements that are used for structures. Grimes stated that a side yard setback could be up to 20 feet depending on the height of a structure and that could create a hardship on many lots. Cera said he would like to have different setback requirements based on the width of a lot. McCarty said he would prefer a 5-foot setback requirement for patios. Grimes stated that one issue with patios is that they don't require a building permit so it is going to be hard to regulate these setbacks. Grimes suggested requiring different setbacks for different lot widths such as requiring a 5 foot setback for driveways and paved surfaces on lots over 100 feet in width and a 3 foot setback for narrower lots. Schmidgall said he is in favor of requiring a 3-foot setback as recommended by staff. Hogeboom questioned if sidewalks should also have a setback requirement. Waldhauser asked about the side yard setback requirements for parking pads located next to garages. She reiterated that she would like the setback for paved surfaces to be 5 feet so there is enough room to provide for some screening with plants. Keysser referred to the proposed ordinance and suggested paragraph A just read "driveways shall be paved", the word "bituminous" can be removed and the word "sidewalk" could be added. McCarty suggested saying "paved areas in the R-1 zoning district shall be governed by the following provisions" because that would include every paved area. Minutes of the Golden Valley Planning Commission January 12, 2009 Page 8 Kluchka asked about gravel and if a homeowner could "gravel" their entire side yard. Grimes said yes, people could use landscape rock or gravel in their side yards, but driveways have to be paved. McCarty referred to paragraph A regarding materials and suggested that the word "driveways" be replaced with the words "paved areas". Schmidgall stated that the word driveway needs to be in that paragraph because driveways are required to be paved. Kluchka asked about the requirement for air conditioner pads. Grimes stated that air conditioning units have to be located in the side or rear yard, not the front yard. Eck questioned if an area made of gravel or wood chips could go right to the property line. Keysser said yes because those are not paved surfaces. Cera suggested language saying that driveways, patios, sidewalks, etc. cannot be located closer than 3 feet to the property line and not mention "paved surfaces" at all. The commissioners agreed that only paved surfaces would need to have setback requirements. Grimes suggested saying all paved areas shall be setback 3 feet from the property lines and all driveways must be paved. Kluchka suggested defining "paved areas". Waldhauser suggested language right at the beginning defining paved areas as those areas constructed of concrete, bituminous pavement, or pavers. Paragraph A would state that driveways must be paved. Paragraph 8 would be the setback requirements for all paved areas and Paragraph C would be about coverage. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval to amend the language in the R-1 Single Family Zoning District regarding paved surface/patio setback requirements as follows: 1. Add a definition for paved areas as follows: paved areas are those constructed of concrete, bituminous pavement, or pavers. 2. Subdivision 19(A) states that all driveways shall be paved. 3. Subdivision 19(8) states that paved areas shall be setback 3 feet from a side yard property line. Planning 763-593-8095 I 763-593-8109 (fax) Date: December 31, 2008 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Subject: Proposed Ordinance Requiring Paved Surface/Patio Setback Requirements in the Single Family (R-1) Zoning District Currently, there are not setback requirements for patios in the Single Family (R-1) Zoning District. For most patio designs, building permits are not required. To reduce potential for conflicts between neighboring property owners, the Planning Department requests the Planning Commission's recommendation to approve the proposed ordinance requiring paved surface and patio setback requirements in the Single Family (R-1) Zoning District. Currently a three foot setback for all new driveway construction is required in the City of Golden Valley. This requirement was enacted, in part, to mitigate negative impacts to neighboring property owners. Staff believes the same potential for negative impacts to neighboring property owners exist with patios and other paved surfaces as well. Staff has conducted an informal poll of other communities in the Twin Cities Metro Area with respect to patio setback requirements. The results of the poll from responding cities are illustrated below: citY Side Setback Rear Setback Brooklvn Park 5 5 Buffalo 2 2 Chanhassan 5 5 Chaska 5 5 Columbia HeiQhts 0 0 Crystal 1 1 Hastings 5 5 Lino Lakes 5 10 Plvmouth 6 6 Norwood..;.. Y ounQ America 10 10 Saint Michael 5 5 Savage 5 5 Roseville 2 2 I~ I Watertown White Bear Lake I~ Staff recommends requiring a three foot setback for patios, consistent with setback guidelines for driveways, and requests that the Planning Commission recommend approval of the proposed ordinance. Attachments Section 11.21, Subdivision 19 of City Code (1 Page) Letter from Ginger Dunlap to the Planning Commission received November 7,2008 (14 pages, including photos) Don Keysser, I wanted to bring to your attention a situation that has happened to me. I hope that some changes might be made to the Golden Valley City Code(s) so this won't happen to another person in our city. I live at 1720 Mendelssohn Av in Golden Valley, my neighbor on the north side; at 1800 Mendelssohn decided to do a lot of work on his property. He started all this work without saying anything to me. He also did not pull any permits; the city came by, noticed the work in front, and inquired about the work being done. The city ordered him to stop work on this project(s) until he had obtained the necessary permits. I contacted the city about the work he was doing between the two houses. I finally asked my neighbor what he was doing. He informed me that he was putting a driveway into his back yard and had plans for a new garage in the back. I called the city to get some building code information. The city told me that there is a three foot set back for driveways. I informed him about the driveway setback ordinance. He then told me: "To bad I will pour an eleven foot driveway and put gravel on the other three feet." I contacted the city again and was told that not only does new driveways have to be concrete it cannot have gravel on the sides; I informed him of this. By now my neighbor had been required by the city to explain his plans. He talked with Mr. Hogeboom and also informed Mr. Hogeboom that he was putting in a driveway. He again was told he needed a three foot set back. He then looked into Golden Valley building codes and found out that a concrete patio does not need any set back from the property line. It can legally be poured right up to the property line. He then changed the name of his driveway to "P A TI 0." He knows he can't park on it but he can drive across all day long which is exactly what he wants. Just to let you know he spent a month last summer putting a very nice large patio in his back yard. That's where they sit, cook and entertain. His new "PATIO" in between our houses will never be used as a patio. It's a DRIVEWAY. As you look at the pictures it's obviously an extension of his current driveway. The variance he applied for to pour right to the property line will line right up with his new "PATIO" It's very clear that this PATIO is really going to be a driveway. Of course I hope that the city will turn him down for the variance. At the start of this job he took steps off the side of his house approximately 9ft tall x 20ft long x 4ft wide. He put all this in his front yard and started digging between our houses. All the dirt he pulled out from between the houses is what he used to bury the tom out steps laying in is front yard. As you look at the pictures it is about a 10ft drop outside his back door and about a 2ft drop right outside my door. We have about 20ft from my back door to his back door, 14ft is his. Which puts this giant hole right outside my back door. He says he is going to put up a retaining wall and a fence on top of it? I can't help but think he is going to put the retaining wall and fence on my property as he has done in the past. So I am hoping for a couple of things. 1) Concrete patios should have a set back. 2) If someone is going to start digging massive holes they should not be able to bring them right to the property line. 3) There should be penalties for doing work without permits. Thank You Sincerely, Ginger Dunlap, Homeowner, 1720 Mendelssohn Ave N. tf ~-......"........,.~." >\."..:.... . )<:'.., . - .~~ .~ It ., -. r:..;r~_~' _' Ht>te': ::~t ~V ~K;:,44'r . ~ ~ -to r.' i .{ ~ .. ~ ..,} '; .. \'D"~ ~""'i l' . . .I '. ''''. y:. 't' ;"PI'~' ','. ~ "~"'.. ) I t 'l'"~ {::ri" I .,,1 : '" ' . .~. r.~ . . ,: ; ;. . . '. .~~~R:;.~t ~r', .....' .', ",.. '~P' itV'fri' J., ':' . ~ \' . 'J i~ ~,J,<;<:"'Y'l' ...., , .J.. \ .., Ii , ... .. ..4~. ,'- "r........ . 10 ~ I ~, , ~ ... '* t" . .'....' . l ; I ~ , l. It........ '.,....~ _.,.,- ~-,... . . ~ .. ! ~ . .ir I. , .1 .. .", ~ ~1'" -- \-\ .------- ...., -- - . . - \. ~~~ ~- :~"r / / _/ "_.---_. -... . !:::--_....._-~~ ~ .:{ . ( \- ~ \ - ....~- 1 I \ \ \ \ \ \ ( \ , " f" '? ; \ ~ I I I fl, ~ \ i ". I \ J\ I ~ ~. ) " ( ~ 11.21 *Subdivision 19. Drivcv.Jay Paved Area Requirements Drive.....~ys Paved areas in the Single Family (R-1) Zoning District, include those constructed of concrete, bituminous pavement, or pavers, and are governed by the following provisions: A. ~~ateri~ls. Driveways built or reconstructed on or after January 1, 2005, shall be constructed of concrete, bituminous pavement, or pavers paved. B. Setbacks. Dri'Jew~'1s built on or after J~nuary 1, 2005, Paved areas shall be setback three (3) feet from a side yard property line, except for shared driveways used by multiple property owners pursuant to a private easement. Source: Ordinance No. 311, 2nd Series Effective Date: 10-29-04 C. Coverage. No more than forty percent (40%) of the front yard may be covered with concrete, bituminous pavement, or pavers. Source: Ordinance No. 382, 2nd Series Effective Date: 3-28-08 *Renumbering Source Ordinance No. 382, 2nd Series Effective Date: 3-28-08 Golden Valley City Code Page 1 of 1 ORDINANCE NO. 415, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 11.21 Regarding Paved SurfaceslPatio Setback Requirements in the Single Family (R-1) Zoning District The City Council for the City of Golden Valley hereby ordains: Section 1. City Code Section 11.21, Subdivision 19 is hereby amended by deleting the existing language for the introductory clause and items A and Band replacing in its entirety the following language: Subdivision 19. Paved Area Requirements. Paved areas in the Single Family (R-1) Zoning District, include those constructed of concrete, bituminous pavement, or pavers, and are governed by the following provisions: A. Driveways built or reconstructed on or after January 1, 2005, shall be paved. B. Setbacks. Paved areas shall be setback three (3) feet from a side yard property line, except for shared driveways used by multiple property owners pursuant to a private easement. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 3rd day of February, 2009. IslLinda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virniq Susan M. Virnig, City Clerk alley Memorand m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 4. D. Public Hearing - Ordinance #416 - "Building Height" Definition Prepared By Joe Hogeboom, City Planner Summary At the January 12 meeting of the Planning Commission, staff proposed amending the City's definition of "Building Height" to provide language that would allow the Director of Public Works to establish the average grade of a lot in cases when previous structures have been removed. In such cases, currently the average grade is determined by the pre-existing structure's average grade. In situations where pre-existing structures are located below the street elevation, drainage issues occur unless average grade is raised. The Planning Commission supports amending code to allow staff discretion in determining average grade when drainage issues exist. However, the Planning Commission directed the Planning Department to work in coordination with the Public Works Department and the Inspections Department to develop more concrete language in the code. Staff has developed revised language, separate from that originally reviewed by the Planning Commission. Staff requests to bring this item back to the Planning Commission for further review prior to the Council Public Hearing. Recommended Action Motion to continue the public hearing to the March 3 meeting of the City Council. hlley Me orandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 5. A. Second Consideration - Ordinance #413 - Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates Prepared By Sue Virnig, Finance Director Summary At its meeting of January 20, the City Council adopted on First Consideration the changes to the 2009 Master Fee Schedule for residential and commercial utility rates. Staff is recommending adoption of Ordinance #413 on Second Consideration. The utility rates will be effective for any billing after April 1 ,2009. Attachments Ordinance #413, Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates (3 pages) Recommended Action Motion to adopt on Second Consideration, Ordinance #413, Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates. ORDINANCE NO. 413, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendments to the 2009 Master Fee Schedule for Residential and Commercial Utility Rates The City Council for the City of Golden Valley hereby ordains: Section 1. The 2009 Master Fee Schedule was adopted by Ordinance No. 411, on December 16, 2008 and can be amended as needed reflecting 2009 fee increases. Section 2. The 2009 Master Fee Schedule is being amended to include residential and commercial utility rates effective April 1, 2009 as outlined on Exhibit A. Section 3. The Master Fee Schedule, as amended is hereby adopted as the city's fee schedule and shall be added to Chapter 25 of the City Code. The fee schedule is on file in the City Manager's Office during business hours. Section 4. 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 5. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 3rd day of February, 2009. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk City of Golden Valley 2009 Master Fee Schedule - Exhibit A 2008 Fee 2009 Fee I Utility Billjng RCitijS-Effectivfa April.1, 2009 I Residential. Utility. ~ates .~quarte..lybillil1g. (includes apartments and all residential classes) ACH Payment Credit Inspection Fee for Fire lines Penalties (for late payment) Sanitary Sewer (in 1000 gallons Residential (per dwelling unit) (Flat Rate)- 5 and under units-winter qtr consumption Residential (per dwelling unit) (Flat Rate) - 6-15 units-winter qtr consumption Residential (per dwelling unit) (Flat Rate) - 16-19 units-winter qtr consumption Residential (per dwelling unit) (Flat Rate) - 20-25 units-winter qtr consumption Residential (per dwelling unit) (Flat Rate) - 26-99 units-winter qtr consumption Residential (per dwelling unit) (Flat Rate) - 100 and over units-winter qtr consumption Recycling Residential curbside (per unit) Storm Sewer Utility Rate Charge for a Residential Equivalent Factor of 1.00 Each single family residential property is considered to be 1/3 of an acre. Street Lights Ornamental (per unit) Overhead (per unit) Water Minimum fee, includes up to 5,000 gallons of flow Water meters up to and including 1" Water meters over 1" and including 2" Water meters over 2" and including 4" Water meters over 4" Above 5,000 gallons of flow per quarter (per 1 ,000 gallons) Water Connection Fee (State Charge for each water hookup) I I (1.00) (1.00) 6.00 6.00 10% 10% 56.10 56.10 56.10 62.00 62.00 62.00 52.00 56.10 62.00 65.00 68.00 72.00 8.00 8.00 66.00 66.00 8.25 5.00 8.50 5.25 19.15 20.25 44.55 47.10 62.21 65.78 80.03 84.63 3.83 4.05 1.59 1.59 City of Golden Valley 2009 Master Fee Schedule - Exhibit A 2008 2009 Fee Fee ~~m:~~:,,~,i,.~,':~i~.,i,~:~~~.I:~!=!!.Atir.:..~::.:n~,.~::'.:~~.e=!:.E:~~!~~~~.~..........:. .... .... .. .:.fCd:;;:;bi;i&I~~o~t;i~IMb~th.lyli~jiifi~..:.:::.:.:.:.:: ......... ::: :::::::::::::: \:::,((:\\iff':fff:))):'::/::::::::::::':::::':::::fff::::f::::::f::::::::::::::::::::::::::,'t':::1 Penalties (for late payment on monthly billings) (1.00) (1.00) 2.00 2.00 5% 5% 18.70 6.50 37.40 13.00 56.10 19.50 74.80 26.00 3.10 3.25 ACH Payment Credit Inspection Fee for Fire lines Sanitary Sewer Water meters up to and including 1" Water meters over 1" and including 2" Water meters over 2" and including 4" Water meters over 4" Based on per 1 ,000 gallons read over minimum of 2,000 gallons Note: Water Meter Flow is used to establish sewer flow unless a separate sewer flow meter has been established. Storm Sewer Utility Rate Charge per acre for property with a Residential Equivalent Factor of 1.00 22.00 22.00 Street Lights Ornamental (per unit) Overhead (per unit) 2.75 1.67 2.84 1.75 Water Connection Fee (State Charge for each water hookup) 0.53 0.53 Water Usage: Minimum fee, includes up to 2,000 gallons of flow Water meters up to and including 1" Water meters over 1" and including 2" Water meters over 2" and including 4" Water meters over 4" Water rate per 1 ,000 gallons 7.66 14.87 20.76 26.72 3.83 8.10 15.72 21.95 28.25 4.05 All Sprinkler Accounts: Water rate per 1 ,000 gallons 3.83 4.05 2 alley M morandum City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting February 3, 2009 Agenda Item 5. B. Reset Date for City Council Annual Workshop Prepared By Jeanne Andre, Assistant City Manager Summary The City Council previously scheduled its Annual Workshop on Saturday, February 7,2009, at the Brookview Grill at 9 am. As the City Manager is now unable to attend this meeting, staff recommends that the Council reschedule this Workshop. Staff has polled individual Council Members and it appears that Saturday, March 14, is the best alternative date. The Workshop would still occur at the Brookview Grill at 9 am. Recommended Action Motion to direct staff to reschedule the February 7 Annual Workshop to Saturday, March 14, at 9 am at the Brookview Grill.