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05-05-09 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 5,2009 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. Citizen Commendation Awards - Curtis Larson and Robert Terlson 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 - April 21,2009 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. General Business Licenses 2. Solicitor's License - Back Four Ltd. D. Minutes of Boards and Commissions: 1. Planning Commission - February 23, 2009 2. Environmental Commission - March 23, 2009 3. Open Space and Recreation Commission - February 23, 2009 4. Envision Connection Project Board of Directors - March 19,2009 5. Bassett Creek Water Management Commission - January 15, 2009 6. Joint Environmental Commission, Planning Commission, Open Space and Recreation Commission and City Council - March 23, 2009 E. Bids and Quotes: 1. Sealcoat - Quotes F. Letters and/or Petitions 1. Letter from Bruce Peterson Regarding Resignation from Civil Service Commission G. Council Appointment - Assistant Weed Inspector H. Proclamation for Arbor Day and Month - May 2009 I. Approval of Requests for Beer and/or Wine at Brookview Park J. Call for Public Hearing - Private Activity Bonds - WorkAbilities, Inc. - 6/2/09 09-27 K. Board/Commission Reappointments 4. PUBLIC HEARINGS 7:00 PM 5. OLD BUSINESS A. Second Consideration - Ordinance #417 - Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT public ~H~y Memorandum Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 1. B. Citizen Commendation Awards - Curtis Larson and Robert Terlson Prepared By Stacy Altonen, Police Chief Summary On April 10, 2009 Mr. Larson and Mr. Terlson observed a pickup truck parked in a parking lot in the 2500 block of Hillsboro Avenue North with the engine running and a hose extending from the tailpipe into the cab of the vehicle. Upon further observation Mr. Larson and Mr. Terlson noticed a male occupant was inside the vehicle. Mr. Larson and Mr. Terlson turned off the ignition and notified the police department for assistance. Due to Mr. Larson and Mr. Terlson's observations, the male occupant received medical attention and did recover from carbon monoxide exposure. On behalf of the Police Department and the City of Golden Valley, I am presenting to Mr. Curtis Larson and Mr. Robert Terlson the Golden Valley Police Department Citizen's Commendation in appreciation for their quick and selfless actions during this incident. ~lley Memorandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 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. Hey Memorandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 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 Me orandum Inspections 763~593~8090 I 763~593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #3915 Holiday Station Store #130 7925 Wayzata Boulevard Retail Fireworks (inside store) $100.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Memorandum City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. C. 2. Solicitor's License - Back Four Ltd. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. This license period is from May 6, 2009 thru June 30, 2010. Attachments Peddler/Solicitor License Application (4 pages) Recommended Action Motion to approve the solicitor's license for Back Four Ltd. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ dO, 0 0 7800 Golden Valley Road Number. of Persons: J Golden Valley, MN 55427 Type of License Requested: ?~ Ire ~f or Enclose the sum of $ -SO-OO for / (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. go. c\( Four' IJJ (Business or Individual Name to be Licensed) ~O} W ForJlbt 71- .&.eQOe P/~,{MM. ~~(nO/) (Address, including City, State and Zip Code) q~-~ ~/3 3'1) {p (Telephone . - umber, incl~ding A":tIcode) NOW, THEREFORE, /~~ M r (Applicant Name) period of ~ tp () through 6/30/.aj., subject to the conditions and provisions of said City Code. hereby makes application for the REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant Address (Include City, State and Zip Code) ~n, Proprietorship, Partnership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attac~ additional sheets (be specific): J)mrc.. -r,} I()~ "50 )tC./fhy .FrJ7 --L1.7.~ ~ I Define Business NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization Address of Organization (Include City, State and Zip Code) Telephone Number (Including Area Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: (If more space is needed, attach additional sheets) STATE OF IhnvVl-Scr1Fr) ) ss. ~OU~~~ai) of &ck p~_ /fd (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and b i ,and as to such matters, / he/she believes them to be true. (Signature of Applicant/Principal Officer) JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ do, 0 0 7800 Golden Valley Road Number. of Persons: I Golden Valley, MN 55427 Type of License Requested: ?~ I r (: -;f () r Enclose the sum of $ SO-oO for I (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. go. Ck Four' lid (Business or Individual Name to be Licensed) ~O) W F{)(Jl()'f- 7T .~~ P/~ U1M ~'-rn(J/J (Address, including City, State and Zip Code) qtJ- CA ~J 3 "3 'i) (p (Telephone - - umber, inCI~ding A":tJCode) NOW, THEREFORE, /~~ /1 (Applicant Name) period of ' t } fi through 6/30/10, subject to the conditions and provisions of said City Code. hereby makes application for the REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant Address (Include City, State and Zip Code) ~n, Proprietorship, Partnership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attac~ additional sheets (be specific): j)f't7r(.. 7-r> 6ln-.-n. ?G> )/Gifhy .FrJ7 -L17~ ~ I Define Business NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization Address of Organization (Include City, State and Zip Code) Telephone Number (Including Area Code) Define Business (Corporation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: Ju~S~ I )e~UV (If more space is needed, attach additional sheets) STATE OF In/1VIV?l)oIfr) ) ss. cou~ ::JJ::nJ) I, {i/U 1f}-0\ (Office~ ndividmii) of &(,j( fOz.-u! lfd (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and b i. , and as to such matters, f he/she believes them to be true. / J (Signature of Applicant/Principal Officer) JUDITH A. NALLY NOTARY PUBLIC. MINNESOTA My Commission Expires Jan. 31,2010 Regular Meeting of the Golden Valley Planning Commission February 23, 2009 A regular meeting ofthe Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, February 23,2009. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Assistant City Manager Jeanne Andre and Administrative Assistant Lisa Wittman. Commissioner McCarty was absent. 1. Approval of Minutes January 26, 2009 Regular Planning Commission Meeting Eck noted a few typographical errors. MOVED by Eck, seconded by Cera and motion carried to approve the January 26, 2009 minutes with the above noted corrections. Commissioner Kluchka abstained from voting. 2. Informal Public Hearing - 2008 Comprehensive Plan Update Approval Hogeboom explained that this item is the beginning of the public hearing process for the approval of the 2008 Comprehensive Plan update. He referred to a PowerPoint presentation and discussed the background issues first. He explained that the Comprehensive Plan guides the overall vision for the City and the reason cities do a comprehensive plan is that it is mandated by the Metropolitan Land Use Planning Act. He stated that the first comprehensive plan in Golden Valley was created in 1959 and revisions are required every 10 years. He added that this 2008 version of the Plan is a complete overhaul of past versions and it was written to incorporate the goals from Envision Golden Valley and to provide electronic-based access. Hogeboom explained that the process began with Envision Golden Valley. From there the Planning Commission, Environmental Commission and Open Space and Recreation Commission met once a month throughout 2007 to review the individual chapters. The next step in the process was the open house held in spring 2008 and it has been on the City's web site for review and featured in CityNews since June 2008. He stated that the next steps in the Comprehensive Plan update are review by City Council on March 17 and submittal to the Metropolitan Council on April 6. Hogeboom showed the Commissioners a picture of what the Comprehensive Plan will look like on the City's web site. Kluchka asked how many people are currently using the link to the Comprehensive Plan on the City's web site. Hogeboom said he didn't know exactly how many people have used the link, but he knows the Plan is being reviewed because he has received questions about it. Keysser asked if a counting mechanism could be added to the City's web site. Hogeboom said he would look into the possibility of adding a counting mechanism. Minutes of the Golden Valley Planning Commission February 23, 2009 Page 2 Kluchka asked if there are any trends in the types of questions staff has received. Hogeboom said the typical questions tend to be very specific to a certain area or certain specific aspect of the Plan such as items that show on a map but aren't specifically addressed as a goal in the Plan. Eck noted that there is a projected population increase of almost 4,000 people in the next 20 years. He asked if the City knows who these people are and what kind of housing they are going to need. Hogeboom explained that the projected population number comes from the Metropolitan Council and that staff initially tried to dispute that number. He stated that the projected number involves future births, deaths, regional migration, housing trends, gas prices, etc. He added that most of the accommodation for future growth will be in the 1-394 Corridor area. Eck asked what types of housing the City could provide for an additional 4,000 people. Kluchka said he thinks the issue is addressed in the Plan itself and added that the 4,000 number is a good goal for the Plan to address, but it will be driven by the market. Grimes explained that while this is a plan for the City it is also a regional plan that the Metropolitan Council uses to ensure that existing resources are used efficiently as possible. Hogeboom discussed demographic information and noted that the future land availability along freeway corridors indicates a growth in employment numbers. In 2010 Golden Valley is projected to have 31,700 jobs and the number of jobs is expected to grow by approximately 2,000 jobs in the next 20 years. Hogeboom showed a proposed land use map and chart showing how land use in Golden Valley is comprised. Residential properties account for 48% of the total land, commercial properties account for 7% of the total land, industrial properties account for 8% of the total land, institutional and recreational account for 25% of the total land and major highways account for 6% of the total land. Hogeboom discussed land use issues and challenges including the integration of new development with the existing style of development in Golden Valley, preserving the character of post-war suburban architecture unique to first-ring suburbs, protecting the character of neighborhoods while promoting business and tax growth, enhancing community shopping and service options, considering quality mixed use designs for future development, working to connect to regional destinations, and encouraging appropriate placement of high density development. Hogeboom referred to Chapter 4 of the Plan titled Special Planning Districts. He explained that currently this chapter only includes the 1-394 Corridor study with the possibility of amending the Plan in the future to include the Douglas Drive Corridor study. Hogeboom referred to Chapter 5 of the Plan titled Housing. He stated that housing consumes 3,195 acres in Golden Valley and of that 81.4% is owner-occupied. Golden Valley has 6,430 single family homes and a total number of 8,450 rental units. Cera referred to the 81.4% owner-occupied figure and asked if that was 81.4% of single family homes or of total housing units in Golden Valley. Minutes of the Golden Valley Planning Commission February 23, 2009 Page 3 Hogeboom said it is total units in Golden Valley. Grimes stated he thinks the number 8,450 listed for rental units is incorrect and that the number 8,450 represents the total number of housing units, not rental units. Hogeboom agreed. Keysser asked how senior housing is figured into the numbers. Hogeboom said it depends if the units are owned or rented. Hogeboom discussed housing factors including: lifecycle housing, inclusionary housing and housing maintenance issues. He referred to a map that illustrated the age of the housing stock in Golden Valley. Hogeboom stated that other chapters in the Plan include: Parks, Transportation, Wastewater, Water Supply and Surface Water. Grimes added that Chapter 11 of the Plan is the Capital Improvement Program. Cera asked if an update of the Plan is done every ten years. Hogeboom said yes and added that the next full update of the Plan will occur in 2018. Grimes added that if the Plan is amended before the next required update, the City is required to have the Metropolitan Council and neighboring communities review any proposed amendments. Keysser asked if staff has received any feedback from surrounding communities. Hogeboom stated that they have received some minor comments from the Three Rivers Park District and that all comments and responses from surrounding communities are included in Golden Valley's submittal. Grimes added that Golden Valley's Plan has been very well received by surrounding communities. Cera asked if Golden Valley has received any surrounding community's plans. Hogeboom said he has received a few plans from surrounding communities. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka said he thinks it is important to help people understand that this is a long term plan and not necessarily specific to their individual property. He suggested placing all resident comments and questions on the City's web site. MOVED by Kluchka, seconded by Eck and motion carried unanimously to recommend approval of the adoption of the 2008 Comprehensive Plan Update. 3. Continued Item - Consideration of Resolution No. 09-01 Finding that the Redevelopment Plan for the Douglas Drive Redevelopment Project Area Conforms to the City's Comprehensive Plan Assistant City Manager Jeanne Andre, reviewed the history of the Douglas Drive Redevelopment Plan. She explained that the HRA, in response to an application submitted by United Properties for senior housing at Douglas Drive and Golden Valley Road, was going to consider a Tax Increment Financing (TIF) district for Minutes of the Golden Valley Planning Commission February 23, 2009 Page 4 some of the parcels. As part of creating a TIF district there has to be a redevelopment plan in place. She stated that United Properties has not proceeded with their plans since the Redevelopment Plan was last reviewed by the Planning Commission. However, the City Council and the HRA are still interested in going forward with the Redevelopment Plan at this time. Andre said she understands the Planning Commission's concerns were that the proposed redevelopment area was too small and that the Plan defined specific uses rather than just defining the existing conditions. She said the Plan went back to the HRA with the Planning Commission comments. She reported that the HRA would like to proceed with the smaller area originally presented to the Planning Commission. She suggested that the reason the HRA wants to proceed with the smaller area is that there are infrastructure issues to address, particularly the need for a sidewalk or trail on the east side of Douglas Drive between Duluth Street down to the Luce Line trail. She added that sometimes a redevelopment plan must be in place in order to apply for funding. Andre referred to the Planning Commission's second concern regarding specific uses rather than just defining the existing conditions. She noted that a new section titled Development Opportunities has been added to plan. She explained that the purpose of a redevelopment plan is to identify opportunities and what could hypothetically happen and the direction the City would like to take. Andre referred to the resolution approving the Plan and explained that the previous resolution referred to both the TIF plan and the Redevelopment Plan but this new resolution, which has been renumbered to match the year, is only regarding the Redevelopment Plan. She explained that according to state statute the Planning Commission is to review the Plan and decide if it is compatible with the Comprehensive Plan. The next step is to bring the Plan to the City Council for approval. Keysser asked what was changed in Section 6 in the plan. Andre explained what changed and said the main goal is to focus on the infrastructure in that area. Kluchka asked if the redevelopment plan is targeted for areas where the City wants redevelopment to take place and how the City addresses not identifying areas that have been recently developed or areas that we know don't need development. He asked Andre to address why there are areas defined and not specific properties. Andre said she used Valley Square as a guide for this redevelopment plan. She said typically the items that aren't changing are addressed in the text of the plan and the map shows the boundaries. She explained that redevelopment areas are also about public infrastructure as well as private developments and that redevelopment doesn't always involve removing a building and constructing something new in its place. Keysser asked if United Properties were to come back with their Applewood proposal how it would fit in with this redevelopment plan and if the properties would have to be rezoned. Andre stated that the properties would have to be rezoned and the project would have to be compatible with the Comprehensive Plan. Minutes of the Golden Valley Planning Commission February 23, 2009 Page 5 Keysser suggested that the resolution be changed to say that the Redevelopment Plan is compatible with the proposed 2008 Comprehensive Plan, not the City's current Comprehensive Plan. Kluchka asked Grimes to describe how this Redevelopment Plan is compatible with the Comprehensive Plan. Grimes explained that the properties in the Douglas Drive Corridor area are designated for either medium density or high density residential from Golden Valley Road all the way to the rail road tracks to the north. The properties to the north of the rail road tracks are all designated for office or commercial. Andre added that the parcel to the south of Golden Valley Road is designated Industrial. Waldhauser stated that she recalls the Comprehensive Plan having language that says the City wants to see increased retail/commercial development at major intersections and more opportunities for multi-family housing buffering single family neighborhoods so she thinks the Douglas Drive Redevelopment Plan is consistent to the Comprehensive Plan. Keysser reiterated that he would like the resolution be changed to include the words "2008 Comprehensive Plan as currently recommended". Andre said she would review the language with the attorney who wrote it. Kluchka suggested writing a list, similar to findings, stating how this redevelopment plan is consistent with the City's Comprehensive Plan. Grimes stated that he would address that in his memo to the City Council. MOVED by Eck, seconded by Kluchka and motion carried unanimously finding that the Redevelopment Plan for the Douglas Drive Redevelopment Project Area conforms to the City's Comprehensive Plan and to approve Resolution 09-01. 4. Informal Public Hearing - Zoning Code Amendment - Regarding Definition of "Building Height" and "Average Grade" Applicant: City of Golden Valley Purpose: To amend the definition of Building Height and Average Grade in the City Code Hogeboom reminded the Planning Commission that they reviewed this item at their January 12, 2009 meeting. He explained the reason he is bringing it back to the Planning Commission now is that staff has added language to the ordinance regarding criteria that would be considered by staff to allow the average grade to be more than one foot higher than the previously existing grade if there are drainage issues with the property. He added that there was also language in the building height definition that referred to average grade so that language has now been moved to be made a part of the "average grade" definition. Minutes of the Golden Valley Planning Commission February 23, 2009 Page 6 Keysser asked if the proposed new language would apply to a property where the grade was already above the elevation of the street. Hogeboom said no, the proposed new language would only apply to properties where the grade creates a drainage issue. Grimes added that staff needs language in the Code that allows for dealing with extenuating circumstances. Waldhauser referred to the first paragraph in the definition of "average grade" and asked if the language means that the average grade for a property facing two streets would be taken at six points. Hogeboom said he would clarify the language in the first paragraph. Keysser opened the public hearing. Rich Baker, 224 Janalyn Circle, stated he thinks criteria numbers three and four in the proposed new language are quantitative, but criteria numbers one and two are not. Keysser explained that criteria numbers two and three work together because staff needs to know the elevation of the street in order to establish a minimum driveway grade of 3%. Kluchka added that criteria number one is also quantitative because it establishes where measurements are taken from. Grimes added that every time a home is demolished elevations are taken prior to the demolition in order to establish the grade for a new house. Baker asked if a person could build a berm in order to raise the grade up. Keysser said this ordinance would not allow that. Seeing and hearing no one else wishing to speak, Keysser closed the public hearing. MOVED by Cera, seconded by Waldhauser and motion carried unanimously to recommend approval of amending definitions 8.5 (Average Grade) and 12 (Building Height) in Section 11.03 of the City Code. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Kluchka asked about the February 10, 2009 Council/Manager meeting where the Douglas Drive Corridor study was discussed. Hogeboom stated that he gave an update to the City Council regarding the status of the Douglas Drive Corridor Study. He stated that Transit for Livable Communities (TLC) has more grant money available and they would like Golden Valley to reduce the number of lanes on Douglas Drive from four lanes to three lanes, the center lane being a turn lane, from Medicine Lake Road to Golden Valley Road. Changing the lanes would allow for bike lanes or shoulders on both sides of the street. Minutes of the Golden Valley Planning Commission February 23, 2009 Page 7 Grimes added that three lanes seem to work well and one benefit is if it doesn't work out the lanes can be repainted or changed in the future. Hogeboom said the next steps are to prioritize which infrastructure improvements have priority. 6. Other Business Waldhauser noted that more and more documents are being put on the City's web site and questioned if there was a way to make PDF documents smaller or somehow easier to download for people with a slower internet connection. Hogeboom said he would talk to the Communications staff about what could be done. Kluchka stated that the PDF format is a standard format and recommended that the City not change the way documents are being put on the web site. Grimes stated that the Comprehensive Plan will also be available on CD. Waldhauser asked about the progress of amending the zoning code regarding the height allowed for buildings in the R-4 zoning district. Grimes said his recollection of previous discussions is that allowing a height of 96 feet in the R-4 zoning district is too much. He thinks the intent was to allow 60 feet or 5 stories and heights above that would require a variance or a PUD. He added that proposed new language will come back to the Planning Commission in the future. 7. Adjournment The meeting was adjourned at 8:30 pm. Lester Eck, Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes March 23, 2009 Present: Commissioners Baker, Chandlee, Hill, Pawluk and Stremel. Also present were Jeannine Clancy, Director of Public Works; AI Lundstrom, Environmental Coordinator; and Lisa Nesbitt, Administrative Assistant. Absent: Commissioner Anderson 1. Call to Order Pawluk called the meeting to order at 7:07 pm. 2. Approval of Regular Meeting Minutes - February 23. 2009 MOVED by Chand lee, seconded by Baker, and the motion carried unanimously to approve the minutes of the February 23, 2009 meeting. 3. Mavor's Climate Protection Agreement (MCPA) . MCPA Proqress Report A. Measure ment - Staff is waiting for delivery of the ICLEI software. Reports from the energy audits for Vehicle Maintenance and Park Maintenance buildings were reviewed. B. Educa tion Articles - A draft of the March/April CityNews article on "Measuring Your Carbon Footprint" was reviewed. Chand lee drafted an article on the buckthorn project for the May/June issue. Staff forwarded the draft to the Communications department. C. Development Materials - nothing new. D. Education Forum -Pawluk asked the commissioners to think of ways to disseminate the information presented by Dr. Baker. E. Green Team - At the 2/26/09 meeting a representative from the Minnesota Pollution Control Agency's Sustainable Community Development Department explained the "NextStep" resource initiative. 4. Commission Terms Commissioners Baker, Hill and Pawluk all have terms that are ending May, 2009. The Mayor has requested that they contact her with their intentions. 5. Letter from Ohene Amoako Received and filed Minutes of the Environmental Commission March 23, 2009 Page 2 of2 6. Proaram/Proiect Updates A. TMDL i. Sweeney Lake - additional modeling is required so the project is delayed by two months. ii. Medicine Lake - a task force will be meeting to discuss modeling. III. Wirth Lake - no change. iv. Minnehaha Creek and Hiawatha - no change. S. 1/1 - Point of Sale inspections are beginning to pick up. The City is installing long term flow monitors. C. Private Development Update - Duke Development has informed the City that they are not moving forward with the office buildings. 7. Commission Member Council Reports None 8. Other Business Pawluk asked when the elections need to take place for the incoming Chair and Vice Chair positions. Staff will look at the by-laws. Hill learned that plastic bottle caps can be brought to Aveda salons/stores for recycling. Baker knows of a business that collects clamshell type packaging and brings them to recycling once a month. He will research further. 9. Adiourn MOVED by Baker, seconded by Hill, and the motion carried to adjourn. The meeting adjourned at 7:52 pm. The next scheduled meeting will be April 27, 2009 at 7:00 pm. alley OPEN SPACE & RECREATION COMMISSION Meeting Minutes Brookview Community Center Monday, February 23, 2009 7:00 PM I. Call to Order Sandler called the meeting to order at 7:00 p.m. II. Roll Call Present: Roger Bergman, Ken Graves, Bob Mattison, Anne Saffert, Jerry Sandler, Jim Vaughan, Rick Jacobson, Director of Parks and Recreation; and Sheila Van Sloun, Administrative Assistant. Absent: Jim Johnson and Kelly Kuebelbeck. III. Agenda changes or Additions Vaughan added deer survey discussion. IV. Approval of Minutes - November 24, 2008 MOTION: Moved by Ber~man and seconded by Mattison to approve the November 24t meeting minutes. Motion carried unanimously. V. Sidewalk Committee Report Vaughan and Mattison, who are committee members, gave details of the last meeting. They shared a map of the city explaining the progress made and discussed future additions. VI. Sandburg Middle School Athletic Fields Mattison explained that the school has been proposed to close. He said surrounding city's have been communicating with the school to propose moving their programs into the location. Minutes of the Golden Valley Open Space and Recreation Commission February 23, 2009 Page 2 Jacobson said Golden Valley has use of and maintains the fields Late May through Labor Day. He added that the fields have been used for city sponsored use since the early-mid 1980's. Jacobson will keep the Commission informed as more details emerge. VII. Dog Park Jacobson said the City Council will be meeting March 14th for a work session. Jacobson then discussed dog park amenities and possible locations. He then updated the Commission on the status of a potential dog park. Possible sites have been brainstormed and more information will be brought to the Commission at future meetings. VIII. Run the Valley Jacobson reminded the Commission that Run the Valley will take place on April 4th and start at Davis Community Center. He also distributed fliers with a registration form. IX. Old Business Preschool Playtime Jacobson said the playtime is going well and participation numbers are good. Luce Line Jacobson said there has been nothing new to report since the last meeting. Canadian Pacific Jacobson said Three Rivers Park District is moving ahead with the feasibility study for the north/south connection. Deer Survey Jacobson said an aerial study done on January 21st found 51 deer in Golden Valley. He said the City has contracted with the same organization as last year to manage the population again this year. X. ADJOURNMENT MOTION: Moved by Mattison and seconded by Bergman to adjourn at 8:00 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Minutes March 19, 2009 Present: Sharon Glover, Jim Heidelberg, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick, and Blair Tremere Absent: Helene Johnson and Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7:10 pm in the Council Conference Room. Approval of Minutes Sharon Glover asked that "private foundation" be added to the list of options she identified in the last sentence of first paragraph under "Fund raising to Support Bridge Builder Activities", Penk/Lund moved to approve the minutes of February 19, 2009, as amended. Motion carried. Fundraising to Support Bridge Builder Activities Sharon Glover reviewed some of the materials she provided regarding establishing a foundation or non-profit and asked for discussion on which option would be most appropriate and the best way to bring this issue to the City Council. Members discussed the differences between a non-profit and a community foundation and if either option was better suited to the goals of the Connection Project. The members decided to individually draft a mission statement for the proposed organization and send it to Blair Tremere, who will assemble the statements and seek to prepare a composite mission statement. Dean Penk volunteered to assemble a list of everyone's questions regarding the proposed organization and how the choice of organizational structure would support or distract from accomplishing the mission. Members were requested to prepare the draft mission and questions and send them to Blair and Dean respectively by Friday, March 27. Sharon Glover volunteered to invite a representative of the Edina Community Foundation to the April 23 Board Meeting to address the Board's questions. She also suggested the group speak with someone from the Winona Community Foundation. Members suggested that this interview might be better accomplished by phone (individual call or with the group via speaker phone) to avoid travel from Winona. A subsequent meeting with someone from the Minnesota Council of Foundations was suggested. Golden Valley Connects Outreach Golden Vallev Davs 2009 - Philip Lund has only received responses from two organizations interested in sponsoring a booth at the community section of the Festival. He plans to follow up with those who haven't responded. Bridge Builder Activities Sprina Bridae Builder Recruitment Meetina - The spring "Reunion" party is confirmed for April 16 at the Perpich Center for Arts Education. Jeanne Andre has contacted a number of organizations and asked them to participate. She will generate letters of invitation to all of the groups, but asked if Board Members could undertake follow up calls. Philip Lund will talk with groups who are participating in Valley Days. Dean Penk, Sharon Glover and Blair Tremere volunteered to do additional calling. Jeanne Andre will prepare an Envision Connection Project Board of Directors Meeting Minutes March 19, 2009 - Page 2 outline as a prompt for the callers to explain the event and the "elevator" speeches groups will be requested to make. The event will be advertised to the general public through CityNews. The group discussed other possible options to advertise the event and decided that groups attending should be encouraged to invite their members and a press release should be provided to the SunPost. Bridae Builder Quarterlv Meetina - DeDe Scanlon has confirmed the Animal Humane Society as the venue for the June 13 Quarterly Meeting. Humane Society staff will provide a tour of the facility. Bridge Builder Annie Cleveland who is supporting the creation of a dog park is unable to attend this meeting. Linda Loomis said she is working with Ms. Cleveland and may be able to give an update at this meeting. Home Maintenance - Jeanne Andre reported that the meeting with Valley Presbyterian Church, Calvary Church, PRISM and other organizations occurred a few weeks ago. All are willing to work with homeowners who are having trouble responding to City violation notices. A second meeting next week will allow the groups to report on ways each could support this initiative. Envision (Visi) Award Jeanne Andre reported that the Envision Award will be publicized in the next edition of CityNews. Future Meetings The April Meeting will be moved to April 23 so as not to conflict with the Spring Bridge Builder Recruitment Meeting on April 16. Blair Tremere suggested that the May meeting be rescheduled so as not to conflict with the Optimist Gala. The meeting was tentatively changed to Wednesday, May 20. The final decision on the date of the May meeting will be made in April. The meeting ended at 9:20 pm. Jeanne Andre, Assistant City Manager <1~Gall to.0 The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m., Thursday, January 18,2009, at Golden Valley City Hall by Vice Chair Black. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Not represented Alternate Commissioner Lisa Goddard Not represented Commissioner Daniel Stauner Commissioner Ginny Black, Vice Chair Not represented Commissioner Manuel Jordan Charlie LeFevere Len Kremer Amy Herbert Counsel Engineer Recorder Note: Commissioner Cheri Templeman & Alternate Commissioner Wayne Sicora arrived after roll call Also present: Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Mary Gwin-Lenth, City of New Hope Dave Hanson, Alternate Commissioner, City of Golden Valley Mayor Kathi Hemken, City of New Hope Randy Lehr, Three Rivers Park District Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley . ... Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Elizabeth Thornton, Alternate Commissioner, City of Plymouth Acting Chair Black announced the addition of agenda item 4Cx - Invoice from the City of Golden Valley for the 2008 financial management fee and the addition of agenda item 6cii - Wirth Lake TMDL Study update. Ms. Loomis moved the agenda as amended. Mr. Stauner seconded the motion. The motion carried unanimously [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from the vote]. Ms. Loomis moved to approve the Consent Agenda. Ms. Langsdorf seconded the motion. The motion carried unanimously [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from the vote]. No citizen input. #249161 vI BCWMC January 15, 2009, Meeting Minutes Page 1 ~.t~.iJ.bl$~." A. Presentation of the December 18,2008, BCWMC meeting minutes. Minutes were approved as part of the Consent Agenda. B. Presentation of the Financial Statement. The general and construction account balances reported in the January 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 448,223.74 448,223.74 Construction Account Balance (cash) Investment Balance TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 2,986,984.31 0.00 2,986,984.31 3,761,618.14 (774,633.83) C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through November 30, 2008 - invoice for the amount of $858.22. ii. Barr Engineering Company - Engineering Services through December 26, 2008 - invoice for the amount of $20,351.84. iii. Barr Engineering Company - Sweeney Lake TMDL Services November 29 - December 26, 2008 - invoice for the amount of $132.50. iv. Amy' Herbert - December Recording Administrator Services -invoice for the amount of $3,857.27. v. SEH, Inc. - Sweeney Lake TMDL Study Phase 2 Services through November 30, 2008 - invoice for the amount of $$6,313.08. vi. JASS - Joint Education and Public Outreach Administrative Services - invoice for the amount of $402.78. vii. Pauline Langsdorf - Education Exhibit Expenses (hand truck) - invoice in the amount of $42.62. viii. State Register - Notice and affidavit for Letters of Interest - invoice in the amount of $67.60. ix. Three Rivers Park District - 2008 Monitoring Expenses for Sweeney Lake TMDL - invoice in the amount of $5,482.00. #249161 vI BCWMC January 15, 2009, Meeting Minutes Page 2 x. City of Golden Valley - 2008 Financial Management Fee - invoice in the amount of $3,000. Ms. Langsdorf moved to approve all invoices. Ms. Loomis seconded the motion. By call of roll, the motion carried unanimously [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from the vote]. D. Resolution 09-01 Approving the Reimbursement to the Bassett Creek Watershed management Commission 2.5 % of the 2008 Tax Levy, for Administrative Expenses for Capital Improvement Program (CIP) Projects and Approving the Transfer of the Funds from the CIP Account to the Administrative Account. Ms. Loomis moved to approve Resolution 09-01. Ms. Langsdorf seconded the motion. The motion carried unanimously [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from the vote]. E. Resolution 09-02 Designating Depositories for Bassett Creek Watershed Management Commission Funds. Ms. Goddard moved to approve Resolution 09-02. Ms. Loomis seconded the motion. The motion carried unanimously [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from the vote]. No New Business A. T A C Recommendations i. BCWMC Capital Improvement Projects Plan (CIP) Plan Review. Mr. Kremer said the TAC reviewed the CIP and had recommendations for the BCWMC for projects to be completed in 2010. Mr. Kremer said the CIP document reviewed by the TAC and the member- cities is just a version of the table included in the 2004 Watershed Management Plan that has been added to and is more of a status report of the projects than it is a plan for future improvements. He said the T AC recommends that the Plymouth Creek project from 26th A venue to Medicine Lake, wwch is now scheduled to be completed in 2010, be completed by the Commission and an assessment be made for the balance of the cost of that project. Mr. Kremer said the BCWMC included the project in the 2009 CIP and requested that Hennepin County assess an ad valorem tax for $600,000 of the project cost in 2009 [Note: This information was corrected by the Commission at its February 19,2009, meeting. The Commission did not include the $600,000 in its ad valorem tax request for collection by Hennepin County and the Commission will need to include the full cost of the project in its request to the County in 2009 for collection in 2010]. Mr. Kremer reported that the TAC's second recommendation is that the Bassett Creek Main Stem restoration project from Highway 100 to Regent A venue be initiated in 2010. He said the estimated project cost is approximately $750,000. Mr. Kremer said the TAC also recommended the BCWMC update the current CIP table and maintain it as a project status report and to create another table that includes only proposed future CIP projects. Ms. Langsdorf asked if the BCWMC would need to increase the amount it requests for its CIP #249161 vI BCWMC January 15, 2009, Meeting Minutes Page 3 budget for 2010 if it were to approve going ahead with the two projects. Mr. Kremer said no, the CIP cost for 2010 would still be within the annual $1 million target for the CIP that the BCWMC had set. Ms. Herbert said she would send out a copy of the CIP table to the commissioners and alternate commissioners. Ms. Loomis asked if the two projects are included in the current CIP and if the BCWMC would need to do a plan amendment. Mr. Kremer responded that the two projects are included in the proposed CIP but the BCWMC would need to do a minor plan amendment before construction could begin. Ms. Goddard asked when the public process would occur. Mr. Kremer said the BCWMC could hold the public hearing on the projects at its March meeting. Mr. Asche said the City of Plymouth will hold a public meeting in February for bnsinesses and residents along the creek. Mr. Oliver reported that the TAC would like to spend twenty minutes of time at one ofits future meetings to look closely at the format of the table of proposed future CIP projects. Mr. Stauner said he was the Commission's liaison at the last TAC meeting and said his sense of the discnssion is that the issue was flow of information and how good is the information that the Commission and the member-cities are getting on the proposed projects. He said the projects fall into three categories: 1. completed projects - so the information is of historical interest; 2. pending projects - projects such as Twin Lake with its outstanding issues; 3. future projects - projects that haven't been undertaken. Mr. Stauner said if the proposed new CIP table categorizes the information in this way, it will be more useful to the Commission. Ms. Loomis moved to approve both TAC's recommendations as detailed in the January 9, 2009, memo and T AC's request to review the format of the CIP table: . Include the completion of the Plymouth Creek restoration project and the Main Stem Bassett Creek restoration project in the 2010 Bassett Creek CIP. Request that Hennepin County assess the balance of the cost of the Plymouth Creek project from 26th A venue to Medicine Lake in 2010 and approximately $750,000 of the Main Stem Bassett project, from Highway 100 to Regent Avenue, in 2010. · Revise future versions of the Bassett Creek Capital Improvements Plan to only include proposed future projects. Revise the current version of the CIP table to a project status report. ,-. Mr. Stauner seconded the motion. The motion carried unanimously [Cities of Medicine Lake, Minnetonka, and Robbinsdale absent from vote]. [Alternate Commissioner Sicora arrives] ii. Plymouth Creek Restoration Project. Mr. Kremer reported that the TAC reviewed the August 2008 draft of the Plymouth Creek Restoration Project feasibility report. The project described was a little different than the original project proposal in that it would relocate the lower reach of Plymouth Creek from its existing location to a location where it was naturally and through a wetland just upstream of the proposed Medicine Park Pond project. Mr. Kremer said the project change increased the project cost from $600,000 to $850,000. Mr. Kremer said the feasibility report describes the project and cost taking into consideration the stream relocation as part of the project. However, Mr. Kremer explained, the final decision on whether or not to relocate the channel has not been made yet by the City of Plymouth. He said the City will hold public meetings to get public input on the relocation proposal and then the City will make a fmal decision. #249161 vI BCWMC January 15,2009, Meeting Minutes Page 4 Mr. Asche said the public participation process for the creek channel project is dovetailing on the water quality ponds project. The projects are adjacent to each other but are two separate projects and processes. He said some of the details for relocating the creek channel and some of the specifics for that project depend on the water quality project. Mr. Kremer said if after the public participation process the City of Plymouth decides to go ahead with the channel relocation, then the City recommends that the Environmental Assessment Worksheet (EA W) be done for the Plymouth Creek Restoration project. Mr. Kremer reported that the TAC's recommendations are: · If the City goes ahead with the channel relocation, then the EA W should be done and the cost estimate for the project should include the EAW and since there is a possibility that wetland mitigation would need to be done as part of the channel relocation, although Mr. Kremer said he didn't think wetland mitigation would be necessary, the TAC recommends the mitigation cost also be included in the plan. · The TAC recommends that the feasibility report and a request for a minor plan amendment be submitted to the Minnesota Board of Water and Soil Resources and Hennepin County and Mr. Kremer said this action could be done now and then after the . March public meeting the approval of the minor plan amendment process for the project would be done. . The TAC recommends a feasibility report be completed for the Bassett Creek Main Stem Restoration project and submitted to BWSR and Hennepin County with a request for a minor plan amendment. He said the request would follow the resource management plan that is currently being prepared. Mr. Stauner asked if some of these actions are premature because of where the City of Plymouth is with its public participation process. Mr. Kremer said the feasibility report outlines the most extensive scope of the project and said he doesn't think that sending the report on with a request for a minor plan amendment would have any adverse effect on the process. Mr. Stauner commented he would be worried that the Commission would have to go back and redo something and then resubmit the report and request, which would bring additional costs. Mr. Kremer said .no, if the Commission efiminates something out of the project included in the original plan, the Commission would not have to go back and submit a new request. Ms. Loomis moved the recommendations as detailed in the January 9, 2009, TAC Memo: · Revise the project cost estimate after the City completes the public participation process and the project scope has been decided. After the public hearing, prepare and submit a request that BWSR approve a minor plan amendment for Plymouth Creek. . Complete a Feasibility Report for the Main Stem Bassett Creek Restoration project after the resource management plan is completed. Ms. Goddard seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Robbinsdale absent from the vote]. iii.Review of Historic Information Regarding the Streambank Maintenance, Repair, and Sediment Removal Fund. Mr. Kremer said there are two different ways to complete sediment #249161 vI BCWMC January 15, 2009, Meeting Minutes Page 5 removal or channel maintenance projects with Commission participation: One way is through the Streambank Maintenance, Repair and Sediment Removal Fund and the other way is through channel restoration projects included as part of the Capital Improvement Program. He said the projects completed through the Fund are typically small projects because there isn't a lot of money available in that Fund. Mr. Kremer said that is why the BCWMC decided to include channel restoration projects in the CIP because those projects are much larger and couldn't be completed with the funds available in the Streambank Maintenance, Repair, and Sediment Removal Fund. Mr. Kremer reminded the Commission that the TAC requested to review the information that led up to the creation of those two different methods of completing projects. He said Ms. Herbert pulled the information together and the TAC reviewed it. Mr. Kremer stated that the TAC decided that in the future it would like to see general information about the various funds included in the packet of information put together about the BCWMC's budget so that people reviewing the Commission's budget understand the origin of the fund and the limitations of the fund. He said the information is included in the Commission's Watershed Management Plan and can be extracted and included in the budget report. The Commission directed staff to prepare the information and to include it in the annual budget information in May. B. 2008 Bassett Creek E. Coli Monitoring Data. Mr. Kremer said the December 11, 2008, Memo ''Bassett Creek E. Coli Bacteria Monitoring 2008" from Barr Engineering summarizes the data collection project the Commission undertook in 2008 in cooperation with the Minnesota Pollution Control Agency. He said the Creek is listed as impaired for E. Coli and the intent of the sampling program was to do more extensive monitoring to see if there were areas within the watershed that were more problematic than others or if the sampling could identify a source of the E. Coli. He said the idea of the sampling program. was to work with the MPCA for two years to see if impairment exists and so there is another season of sampling with the MPCA proposed. Mr. Kremer said the data shows that whenever there is a runoff event there is a potential impairment. He said obvious sources are pet waste, ducks and geese, and wildlife. He said another potential source is sanitary sewer overflows although he thinks those would be very rare. Mr. Kremer said he looked at data from Minnehaha Creek and that during runoff events the creek also has impairments. He said he also looked at data from Vermillion River. He said that River has a fecal coliform impairment and a group studied the upstream tributaries that are urban as part of that TMDL study. Mr. Kremer said that in 2007 the group did an extensive study including 14 monitoring sites on two streams in Lakeville that are impaired both during runoff event flows and during base flows to try to identify a source of the fecal coliform impairment. He said that the study could not determine the sources of the impairment. Mr. Kremer directed the Commission's attention to a handout passed out today prepared by the MPCA on Best Management Practices (BMPS) that lists the BMPs that would be typically considered to be implemented to deal with a fecal coliform impairment in an urban area. He said the BMPs include city ordinances against pet waste, public involvement regarding pet waste, illicit discharge detection and elimination, which all cities have in their stormwater pollution prevention plans, construction and sediment control BMPs and post construction such as goose management, wet detention basins, fIltration basins, constructed wetlands, detention systems, soil fdters, and other similar BMPs. Mr. Kremer said if a TMDL is done on Bassett Creek, those BMPs are things the Commission will #249161 v1 BCWMC January 15, 2009, Meeting Minutes Page 6 come up with of as part of the implementation plan. He stated that he spoke with Barb Piechel of the MPCAt who is the manager of the Mississippi TMDL studYt whether or uot she could extend her boundary to include Bassett Creek in that boundary. She said it is something the MPCA can consider. Mr. Kremer said that perhaps Ms. Loomis can bring the idea up at the next Mississippi TMDL stakeholder meeting and then the Commission could discuss the topic at the next BCWMC meeting after the next Mississippi TMDL meeting. Mr. Kremer said that DNA fingerprinting of E. Coli samples is still in the experimental stage and would not be a viable option for the Commission to pursue at this time. Mr. Kremer said he thinks it makes sense to collect the second year of data but based on the data the Commission has now he doesn't think the Commission can identify any area of the Creek that has a significantly greater problem than any other area. Ms. Loomis directed staff to bring this topic back in front of the Commission after the discussion at the next Mississippi TMDL Study meeting. C. i. Medicine Lake TMDL Study Update and Select Representative for Medicine Lake Steering Committee. Ms. Black reminded the Commission of the Medicine Lake Steering Committee meeting update e-mailedoutfromMichaeIWelch.Ms. Black added a brief update about the meeting. Ms. Black said the first half of the meeting was a discussion and three themes seemed to dominate the discussion including an equitable distribution of the load, the cost, and preserving or enhancing habitat where opportunities present themselves. She said the second half of the meeting focused on models. Ms. Black said that the BCWMC needs to select a Commission representative for the Medicine Lake TMDL Study Steering Committee. Mr. Jordan responded that he would be able to attend some of the meetings and would be willing to share the role of representative with another commissioner but would not be able to attend each meeting. Ms. Black asked Mr. Jordan to touch base with Mr. Welch about alternating the meetings. ii. Wirth Lake Steering Committee Representative. Mr. Kremer said the BCWMC is looking for a commissioner that can represent the BCWMC on the Wirth Lake TMDL Study steering committee. He said the steering committee will hold approximately four meetings. Mr. Kremer reminded the Commission that Minneapolis, Golden Valley, l\fnIDOT, and Hennepin County are MS-4s for the TMDL Mr. Stauner said he could probably be the Commission's representative and asked Ms. Herbert to contact him regarding the date of the first meeting. Ms. Black said she could be the alternate representative. The Commission directed Ms. Herbert to add Mr. Stauner as the representative and Ms. Black as the alternate representative to the Wirth Lake Stakeholder list. D. Education and Public Outreach Committee i. Grant Reimbursement Request from St. David's Child Development & Family Services. Ms. Langsdorf reported that the Education and Public Outreach Committee recommends payment of the invoice from St. Davidts in the amount of $366.68 out of the 2008 demonstration! grants budget item. Ms. Langsdorf noted that the BCWMC previously approved up to $1,000 in education grant funds for this grant. [See following motion for approvaI.] ii. Grant Application from Crystal Environmental Quality Committee. Ms. Langsdorf said the BCWMC received an education grant application from the City of Crystars Environmental Quality Committee. She said the grant would help support a city program #249161 vI BCWMC January IS, 2009, Meeting Minutes Page 7 called "Score One for Mother Nature and the storm drains in the Bassett Creek watershed - Storm Drain Baseball." Ms. Langsdorf said the Education and Public Outreach Committee recommends the BCWMC fund the grant in the amount of $700 from the 2008 demonstration! grants budget for payment in 2009. Mr. Stauner moved to approve both the grant reimbursement request from St. David's in the amount of $366.68 and the funding of the grant application from Crystal's Environmental Quality Committee in the amount of $700. Mr. Jordan seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from the vote]. iii. Proposal to Carry-over 2008 Budgeted Funds to 2009 Budget. Ms. Langsdorf stated that in 2008 the BCWMC approved a $1,000 grant from the Commission's demonstration! education grant bndget line for the Blake School's rain garden project. Ms. Langsdorf said the Education and Public Outreach Committee would like $1,000 carried over from the BCWMC's 2008 demonstration! education grant budget to its 2009 demonstration! education grant budget.. She said the Committee also recommends carrying- over $700 from the 2008 demonstration! education grant budget to the 2009 demonstration! education grant budget for payment of the Crystal Environmental Quality Committee education grant. Ms. Langsdorf moved that the BCWMC carry-over $1,700 from the 2008 demonstration! education grant budget to the 2009 demonstration! education grant budget. Mr. Stauner seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from the vote]. iv. Proposed 2009 Watershed Education Partnership with Metro Blooms - Rain Garden Workshops. Ms. Langsdorf stated that in the spring of 2008 the Education and Public Outreach Committee budgeted $1,000 to support the Metro Blooms Rain Garden Workshops in 2009. She reported that the Committee recommends that the Commission increase its level of support of the Metro Blooms Rain Garden Workshops by $1,000 for a total of $2,000 in 2009. She said the Committee recommends the BCWMC move $1,000 out of the 2009 CAMP budget and into the 2009 Watershed Education Partnerships budget. Ms. Langsdorf moved to approve funding the 2009 Metro Blooms Rain Garden Workshop program at $2,000 instead of the previously approved $1,000 and to move $1,000 out of the 2009 CAMP budget into the 2009 Watershed Education Partnerships in order to fund the $1,000 increase in support for the Metro Blooms program. Ms~ Loomis seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from the vote]. [Commissioner Templeman arrives]. Ms. Langsdorf said if cities are interested in hosting a workshop they can contact Metro Blooms and that the cities do need to be aware that there is a cost of $750 to host a workshop. Ms. Thornton noted that in page 2 of the Education and Public Outreach Committee meeting minutes the reference to S1. Joseph should be a reference to St. David's. v. Proposal to Amend 2009 Budget - Deferred to February BCWMC meeting. E. 2008 Water Quality Monitoring Program. Mr. Kremer stated that the annual report for Bassett Creek on water quality monitoring is being prepared by Barr Engineering. He said the #249161 vi BCWMC January 15, 2009, Meeting Minute~ Page 8 person preparing the report brought to his attention the change in the water quality for Twin Lake in 2008. Mr. Kremer said that Twin Lake is adjacent to Sweeney Lake and that there is actually a connection between the two lakes. He said that data show that since 1992 Twin Lake has had excellent water quality with phosphorus levels in the 20s parts per billion (ppb) and has been one of the best lakes in terms of water quality in the metropolitan area. Mr. Kremer said the change in water quality in 2008 is a concern. He said the change in average phosphorus concentration went from the 20s ppb to over 40 ppb, which is a very significant change. Mr. Kremer said that change is either due to a flow coming from Sweeney Lake in the spring, since phosphorus concentrations in Sweeney Lake is very high, or due to an internal load from bottom sediments in Twin Lake, or a combination of those two factors. Mr. Kremer said he is recommending the BCWMC conduct additional sampling on Twin Lake and on Sweeney Lake in 2009 to figure out the source of the change in water quality. He said his recommendation is that both Twin Lake and Sweeney Lake be sampled although to a lesser extent than last year. He said the intent behind the additional sampling is to figure out whether Sweeney Lake is the source of the phosphorus or whether the bottom sediments in Twin Lake are the source. Mr. Kremer explained that the sampling and the analysis of the samples would cost approximately $5,000. He said there should be a sample taken before ice out and then samples should be taken between May and September. Mr. Kremer stated that phosphorus concentrations are typically very high under the ice and if the sample taken prior to ice out shows that phosphorus concentrations are very high it may indicate that the Twin Lake bottom sediments are the source of the increased phosphorus level in the lake. Ms. Black asked if the additional $5,000 would fit in the 2009 monitoring budget. Mr. Kremer said it should fit and if not, the cost could go under the surveys and studies budget. Mr. Kremer said that in the discussion in the next agenda item Barr will ask for Commission direction regarding the 2009 Water Quality Monitoring program. Ms. Black said no action needs to be taken regarding the 2008 water quality budget at this time. F. 2009 Water Quality Monitoring Program. Mr. Kremer stated that every three years the BCWMC has sampled seven different locations in the creek for macroinvertebrates and has tracked what is happening with water quality in the creek based on the populations of those invertebrates. He said that in addition to the creek sampling, the BCWMC has sampled two or three lakes every year. Mr. Kremer explained that in 2009 the sampling is slated for Northwood Lake and North and South Rice and probably the last time they were sampled by the BCWMC was approximately four years ago. Mr. Kremer said if the Commission wants to go ahead with the proposed 2009 water quality program, he recommends the Commission direct Barr to prepare for the Commission's February meeting a more detailed cost estimate of the 2009 monitoring costs and to see whether or not the additional sampling on Twin and Sweeney Lakes would fit into the Commission's 2009 budget. Ms. Goddard moved for the Commission Engineer to do a more detailed cost estimate of the 2009 water quality monitoring program and to present theyinformation at the February Commission meeting. A. Chair: i. Acting Chair Black reminded the Commission that it will be discussing its mission and goals at the February meeting and asked the Commission to review the goals listed in the Commission's Watershed Management Plan. B. Commissioners: #249161 vI BCWMC January 15,2009, Meeting Minutes Page 9 i. Mr. Stauner stated that he thought it would be wise for the Commission to bring up the topic of 9209 40 Vz A venue North in New Hope at least every 90 days and requested the topic be added to the February agenda. C. Committees: i. Administrative Services. Acting Chair Black said the Administrative Services Committee will have its next meeting on February 5th at 4:30 p.m. at Golden Valley City Hall in the Council Conference Room. ii. Education and Public Outreach Committee: Ms. Langsdorf announced that there will be a discussion group meeting on Wednesday, February 4th from 1:00 to 3:30 pm in St Paul regarding the state plan for environmental education and that she will forward the e-mail to Ms. Herbert to send to the Commission. Ms. Langsdorf announced that the next Education Committee meeting is February 4th at 9:00 a.m. in the Council Conference Room at Golden Valley City Hall and the next Joint Education and Public Outreach meeting is February 10th at 8:30 a.m. in the Medicine Lake Room at Plymouth City Hall. D. Counsel* E. Engineer: i. Mr. Kremer stated that there is supposed to be a summary of the four meetings conducted by BWSR regarding the use of the Clean Water Legacy money available on the BWSR Web site early next week. He said Ms. Herbert can send the link to that summary once it is available. Mr. Kremer said he heard from BWSR staff that it expects to have some type of grants program with applications available in fall of 2009. He said he thinks the Commission has several projects that could qualify for the program such as Twin Lake, Parkers Lake, Plymouth Creek, and the Bassett Creek Main Stem. ii. Mr. Kremer said he received a call from Brooke Asleson of the MPCA who said the MPCA is in the process of developing a scope of work for a watershed TMDL study for Elm Creek that would deal with all the remaining impairments in Elm Creek and she is suggesting the Commission consider the possibility of creating a watershed TMDL for Bassett Creek for 2010. Mr. Kremer said Northwood Lake is impaired and the stream is impaired for biota, E. Coli and fISheries. Mr. Kremer said this topic should be put on a future Commission agenda for discussion and it should probably be put on the agenda prior to the budget discussions since the MPCA said it would like Commission participation in the cost of the TMDL. iii. Mr. Kremer stated that the City of Crystal is putting together a request for proposals for preparing the technical details on a study of Memory Lane Pond and the options for an outlet Mr. Kremer asked the Commission if it is a conflict of interest for Barr to submit a proposal to supply the technical details. Mr. Mathisen said the City of Crystal is looking at an ok from the Commission to receive a proposal from Barr. Mr. Kremer said someday the City of Crystal could come to the BCWMC and present the technical information and the BCWMC would be in a position of needing to review that technical information. Mr. Stauner said he does see a potential conflict of interest. Ms. Black said the Commission could use a different engineer to review the technical details. Mr. Stauner said that is a viable option and a reasonable solution. #249161 vI BCWMC January 15,2009, Meeting Minutes Page 10 ~~mir<<fmft~~i1l1~:i'j;;?;jt:f:'~~ Ms. Black adjourned the meeting at 1:20 p.m. Michael Welch, Chair Date Amy Herbert; Recorder Date Pauline Langsdorf, Secretary Date 1;:... ;, ... #249161 vI BCWMC January 15,2009, Meeting Minutes Page 11 Joint Meeting of the Golden Valley Environmental Commission, Planning Commission, Open Space and Recreation Commission, and City Council March 23, 2009 A joint meeting of the Environmental Commission, Planning Commission, Open Space and Recreation Commission and City Council was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, March 23, 2009. Environmental Commission Chair Jon Pawluk called the meeting to order at 6 pm. Those present were, City Council Members Loomis, Freiberg, Pentel, Scanlon, and Shaffer; Environmental Commissioners, Baker, Chandlee, Hill, Pawluk and Stremel; Planning Commissioners Eck, Schmidgall and Waldhauser; Open Space and Recreation Commissioners Bergman, Graves, Mattison, Saffert, Sandler, and Vaughan. Also present was Director of Parks & Recreation Rick Jacobson, Director of Planning and Development Mark Grimes, Director of Public Works Jeannine Clancy, Environmental Coordinator AI Lundstrom, and Administrative Assistant Lisa Nesbitt 1. Presentation by Dr. Lawrence Baker Pawluk introduced Dr. Baker. His presentation titled "Estimating household CO2 Emissions", included information on Minnesota's energy sources and trends and a Twin Cities household ecosystem study. He then discussed with those in attendance, the potential values of emissions reduction projects in Golden Valley. A copy of his presentation is on file. 2. Adjournment The meeting was adjourned at 7:00 pm. alley Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. E. 1. Award 2009 Sealcoat Project 09-09 Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Staff opened the following bids for the 2009 Sealcoating Project No. 09-09 on April 27, 2009: Pearson Brothers, Inc. Allied Blacktop Co. $167,491.70 $194,881.95 The 2009 adopted Budget includes funding of $232,000 for this project (Street Maintenance - "Other Contractual Services," page 62) and the 2009-2013 Capital Improvement Program (S-017, page 100). The work will be completed this summer. Attachments 2009 Sealcoat Area Map ( 1 page) Recommended Action Motion to award the bid for the 2009 Sealcoating, Project No. 09-09, to the lowest responsible bidder, Pearson Brothers, Inc., for the amount of $167,491.70. (L <( 2 ~ ~ [ <( 0 ~ U ~ ~ [ ~ <( ~ W ONYlSI (f) (J) 0 0 N ~ l E ( ) }\ ~:;r o ~ Go Ul ~ .... Page 1 of 1 Subject: Peterson [ptrsn@qwest.net] SundaYI April 261 2009 6:24 PM loomisl Linda; kumagOll@umn.edu; mtanick@mansfieldtanick.com; Altonenl Stacy; Govel Nate; Meehanl Mike; Johnsonl Amanda; NallYI Judy Police Civil Service Commission From: Sent: To: 26 April 2009 Dear Friends, In discussion with Judy Nally this past Friday concerning my serving another 3-year term with the CSC, I stated ,with explanation, that I would not be seeking reappointment for another term. I want to share my explanation with each of you in the spirit of consistent communications and to appropriately inform you as colleagues. I have often publicly stated that it is a privilege to serve as Commissioner. I sincerely have meant this and the 15 years I have served went by quickly and were enjoyable. I have seen the CSC mature in many ways. I trust my prior law enforcement and professional experiences were helpful. I feel a strong and purposeful CSC represents an essential element in realizing a truly professional police department. I remain very pleased with our GVPD and all its personnel both sworn and civilian. The decision to not continue was most difficult. My affection for the law enforcement profession, our GVPD, and fellow CSC Commissioners would have made it an easy decision to continue ...but most probably a selfish decision at this point in time. You see, I have a personal principle, that I have shared with others in discussing their careers and commitments > When you know that you have given your best and have realized the pinnacle of your contributions ....then the mature, right and professional action is to move on and make room for those in waiting. I feel especially strong about this principle as it relates to government. Believing I have reached my CSC pinnacle...! have to practice what I believe and preach, and not seek reappointment. (Time for the Large Silver Bowl) My hope is that a deserving and youthful new CSC Commissioner will bring freshness and creativity to further enhance the CSC's role. I admire each of you and wish you the best as you continue to serve our great City of Golden Valley. I will continue to pray for your proper discernment and leadership, and for the safety of our GVPD personnel. As Always, Bruce Peterson Commissioner THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. Any unauthorized review, use, disclosure or distribution is prohibited. If you received this in error, please notify the sender and delete the e.mail and its attachments from all computers. file://G:\city council agendas\2009\05-05-09\Police Civil Service Commission.htm 4/30/2009 Hey Memorandum Council 763-593-3990/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. G. Council Appointment - Assistant Weed Inspector Prepared By Linda Loomis, Mayor Summary The Public Works and Inspections Departments have been working together to respond to complaints regarding long grass and weeds. In order to better utilize staff resources, staff is recommending that John Kunde, Fire/Property Maintenance Specialist, in addition to Ron Hammer, Park Maintenance Supervisor, be appointed as Assistant Weed Inspectors. Mr. Hammer was appointed in January 2009. This appointment is not subject to Council confirmation. Recommended Action Mayor Loomis will appoint Josh Kunde as the Assistant Weed Inspector until January 5, 2010. Memo ndum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. H. Proclamation for Arbor Day and Arbor Month Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary The City of Golden Valley was recently awarded the 2008 Tree City USA Award. It is the twenty-second year Golden Valley has received this national recognition. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four standards: 1. Operate a forestry department, 2. have a tree ordinance, 3. manage a comprehensive community forestry program, and 4. observe Arbor Day. This year's Arbor Day activities will be celebrated with the fifth grade class of Good Shepherd Catholic School located at 135 Jersey Avenue South on May 22 at 12:30 pm. The event will include a small presentation at the school about the value of urban trees. Staff will award prizes to the winners of the Arbor Day poster contest followed by a recitation of the City's Arbor Day Proclamation. The fifth grade class will plant trees on school grounds. When the event has concluded, staff will provide packaged tree seedlings for each of the fifth grade students to take home and plant. Attachments Proclamation for Arbor Day - May 22,2009 and Arbor Month - May 2009 (1 page) Recommended Action Motion to adopt a Proclamation for May 22, 2009 as Arbor Day and May 2009 as Arbor Month in the City of Golden Valley. CITY OF GOLDEN VALLEY PROCLAMATION FOR ARBOR DAY - MAY 22, 2009 AND ARBOR MONTH - MAY 2009 WHEREAS, Golden Valley's urban forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Golden Valley today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts; NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim May 22, 2009 as Arbor Day and Mayas Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley's great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 5th day of May 2009. Linda R. Loomis, Mayor alley Memorandum City Administration/Council 763-593-8006 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. I. Approval of Requests for Beer and/or Wine at Brookview Park Prepared By Judy Nally, Administrative Assistant Summary As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council." As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $10 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachment Beer and/or Wine Request List (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST NUMBER CC IN DATE INDIVIDUAL OR ORGANIZATION DATE TIME GROUP SHELTER BEER OR WINE APPROVED Belgarde Property 05-07 5 pm - dusk 80 large beer & wine 05-05-09 Good Shepard School 05-16 11 am - dusk 50 large beer & wine 05-05-09 Ron Carciofini 05-17 11 am - 4 pm 50 small beer & wine 05-05-09 Ruth Gryell 05-29 5 pm - dusk 100 large beer & wine 05-05-09 Lisa Schell 05-30 11 am - dusk 100 large beer & wine 05-05-09 Marie Falls 06-02 11 am - 4 pm 50 large beer & wine 05-05-09 ULLR 06-03 5 pm - dusk 120 large beer & wine 05-05-09 Leigh Jarosz 06-05 5 pm - dusk 150 large beer & wine 05-05-09 HDR Engineering 06-12 11 am - dusk 250 large beer & wine 05-05-09 Kyle Birck 06-13 11 am - 4 pm 20 large beer & wine 05-05-09 Pamela Klatt 06-13 11 am - 4 pm 100 small beer & wine 05-05-09 Valene Anya 06-13 5 pm - dusk 40 small beer & wine 05-05-09 Leonard Carpenter 06-20 11 am - 4 pm 50 small beer & wine 05-05-09 Leonard Carpenter 06-20 5 pm - dusk 50 large beer & wine 05-05-09 Jackie Wells 06-20 5 pm - dusk 20 small beer & wine 05-05-09 Julie Viner 06-20 11 am - 4pm 100 large beer & wine 05-05-09 Estonian Society of MN 06-21 11 am - 4 pm 40 small beer & wine 05-05-09 ULLR 06-24 5 pm - dusk 120 large beer & wine 05-05-09 Carl/Laurie Geving 06-26 5 pm - dusk 100 large beer & wine 05-05-09 Delores Grunwald 06-27 5 pm - dusk 20 Small beer & wine 05-05-09 Fern Derubeis 06-28 11 am - 4 pm 50 large beer & wine 05-05-09 Robert Katarais 07 -05 11 am - dusk 75 large beer & wine 05-05-09 ULLR 07 -08 5 pm - dusk 120 large beer & wine 05-05-09 Sue Johnson 07-11 11 am - 4 pm 50 small beer & wine 05-05-09 Mindy Anderson 07-11 5 pm - dusk 100 large beer & wine 05-05-09 Richard Bass 07 -12 11 am - 4 pm 150-200 large beer & wine 05-05-09 Heidi Wheeler 07 -18 11 am - 4 pm 60 Small beer & wine 05-05-09 ULLR 07-22 5 pm - dusk 120 large beer & wine 05-05-09 United Health Group 07-23 11 am - 4 pm 100 large beer & wine 05-05-09 Dorsey Whitney 08-01 11 am - 4 pm 100 large beer & wine 05-05-09 ULLR 08-05 5 pm - dusk 120 large beer & wine 05-05-09 Lynn Schneider 08-15 5 pm - dusk 50 large beer & wine 05-05-09 John Stiffin 08-15 11 am - dusk 100 small beer & wine 05-05-09 Larry Kennebeck 08-16 11 am - 4 pm 80 large beer & wine 05-05-09 ULLR 08-19 5 pm-dusk 120 large beer & wine 05-05-09 HCMC-MMC-MMS 08-22 11 am - dusk 100 large beer & wine 05-05-09 Anne Hoehn 08-28 11 am - dusk large beer & wine 05-05-09 Bill Weiner 08-29 11 am - 4 pm 60 large beer & wine 05-05-09 Merrilee Riley 08-30 5 pm - dusk 60 large beer & wine 05-05-09 Jill Korman 09-06 11 am - 4 pm 60 large beer & wine 05-05-09 Richard Bass 09-13 5 pm - dusk 150-200 large beer & wine 05-05-09 Hey Memorandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. J. Call for Public Hearing - Private Activity Bonds - WorkAbilities, Inc. - 6/2/09 Prepared By Sue Virnig, Finance Director Summary WorkAbilities, Inc. has requested that the City hold a public hearing on June 2, 2009 at 7 pm to approve the issuance of private revenue bonds to finance nonprofit facilities. This will allow them to refinance their loan from a taxable status to a non-taxable status. They currently own the property at 7400 Laurel Avenue. The City is required by the IRS Code and by Minnesota Statutes Section 469.152 through 469.165 to hold a hearing for the approval of the bonds. The public hearing notice will appear in the SunPost on May 14, 2009. WorkAbilities, Inc. will pay for all costs related to the public hearing notice. Attachments Resolution Calling for a Public Hearing on a Project by WorkAbilities, Inc. Under Minnesota Statutes, Chapter 469 (4 pages) Recommended Action Motion to adopt Resolution Calling for a Public Hearing on a Project by WorkAbilities, Inc. Under Minnesota Statutes, Chapter 469. Resolution 09-27 May 5, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROJECT BY WORKABILlTIES, INC. UNDER MINNESOTA STATUTES, CHAPTER 469 BE IT RESOLVED, by the governing body (the "Council") of the City of Golden Valley, Hennepin County, Minnesota (the "Issuer"), as follows: 1. Authority. Fryberger, Buchanan, Smith & Frederick, P.A. ("Bond Counsel") has informed the Council that Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act") authorizes the Issuer to issue revenue obligations to pay, purchase or discharge all or any part of the outstanding indebtedness of an organization that is primarily engaged in activities for mentally or physically disabled persons or providing social services, such as providing assistance to the poor, distressed, or underprivileged previously incurred in the acquisition or betterment of its existing facilities. 2. The Proiect. a. Representatives of WorkAbilities, Inc. (as represented to the Issuer), a Minnesota nonprofit corporation primarily engaged in activities for mentally or physically disabled persons and providing social services and an organization described in Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Borrower"), have advised the Issuer that the Borrower desires to undertake the refinancing of taxable indebtedness incurred to acquire and equip an approximately 35,300 square foot building located at 7400 Laurel Avenue, Golden Valley, Minnesota (the "Project"), used as the Borrower's corporate headquarters and from which Borrower provides its services. b. The Project is located within the jurisdiction of the Issuer. c. Bond Counsel has advised the Issuer that the proposed Project qualifies for financing under the Act. 3. The ObliQations. a. The Borrower's representatives have represented that the economic feasibility of the Project will be greatly enhanced through the issuance of revenue obligations by the Issuer and therefore requests that the Issuer declare its present intent to issue its revenue obligations to provide funds to finance a portion of the Project. b. The Borrower has requested that the Issuer issue its obligations, in an amount not to exceed $1,500,000, in one or more series, pursuant to the Act in order to finance the cost of the Project (the "Obligations"). Resolution 09-27 - Continued May 5,2009 4. Issuance of Obligations. a. The Obligations, when, as and if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer, and the Obligations, when, as and if issued, shall recite in substance that the Obligations, including interest thereon, are payable solely from the revenues received from the Borrower and the property pledged to the payment thereof and shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation. b. All details of and conditions precedent to the issuance of the Obligations and the provisions for payment thereof shall be subject to final approval of the Issuer. 5. Public Hearing. The Issuer will conduct a public hearing on the issuance of the Obligations and the proposal to undertake and finance the Project. 6. Authorization to Staff. a. The City Manager is authorized and directed to cause the notice substantially in the form attached hereto as Exhibit A to be published in the official newspaper of the Issuer and a newspaper of general circulation in the jurisdiction of the Issuer not less than 14 days nor more than 30 days prior to the date set for the public hearing; provided that if the official newspaper of the Issuer is a newspaper of general circulation in the jurisdiction of the Issuer, the notice may be published only once. b. The administrative staff of the Issuer and their agents are hereby authorized to take such further action necessary to carry out the intent and purpose of this resolution and the requirements of the Act. 7. Issuer Costs. Delivery of the Obligations to the purchaser thereof is subject to the agreement by the Borrower that it will pay the administrative fees of the Issuer and pay, or, upon demand, reimburse the Issuer for payment of, any and all costs incurred by the Issuer in connection with the Project and the issuance of the Obligations, whether or not the Project is carried to completion, or the Obligations are issued. 8. Rights Reserved. Nothing in this resolution shall be construed as an indication of an intent to approve this Project and issue the proposed Obligations. The Council specifically reserves the right to approve or disapprove the request after said public hearing. Resolution 09-27 - Continued May 5,2009 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. Resolution 09-27 - Continued May 5, 2009 EXHIBIT A NOTICE OF PUBLIC HEARING ON PROPOSED PROJECT AND THE ISSUANCE OF PRIVATE ACTIVITY BONDS TO FINANCE NONPROFIT FACILITIES CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the Council of the City of Golden Valley, Minnesota (the "Issuer") will meet on Tuesday, June 2, 2009, at 7:00 p.m., or as soon thereafter as reasonably possible in the City Council Chambers, 7800 Golden Valley Road in Golden Valley, Minnesota, for the purpose of conducting a public hearing on the proposal that the Issuer issue its revenue obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through 469.165, in order to undertake and refinance taxable indebtedness incurred by WorkAbilities, Inc., a Minnesota nonprofit corporation primarily engaged in activities for mentally or physically disabled persons and providing social services and organization described in Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Borrower"), to finance the cost of acquiring and equipping project; and pay costs associated with the refinancing. The project consists of refinancing of taxable indebtedness incurred to acquire and equip an approximately 35,300 square foot building located at 7400 Laurel Avenue, Golden Valley, Minnesota, used as the Borrower's corporate headquarters and from which Borrower provides its services. The estimated total amount of the proposed revenue obligations will not exceed $1,500,000. The obligations and the interest thereon shall be limited obligations of the Issuer and shall not be payable from nor charged upon any funds other than the revenue pledged to their payment, nor shall the Issuer be subject to any liability on them. No holder of the obligations shall ever have the right to compel any exercise of the taxing power of the Issuer to pay the obligations or the interest thereon, nor to enforce payment of them against any property of the Issuer except those projects, or portions thereof, mortgaged or otherwise encumbered. A draft copy of the proposed Application to the Minnesota Department of Employment and Economic Development for approval of the project, together with all attachments and exhibits thereto, is available for public inspection at the office of the City Manager at 7800 Golden Valley Road, Golden Valley, Minnesota, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except legal holidays. All persons interested may appear and be heard at the time and place set forth above or may submit written comments to the City Manager in advance of the hearing. alley Memorandum Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 3. K. Board/Commission Reappointments Prepared By Linda Loomis, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to make the following reappointments: PlanninQ Commission: Dean McCarty Cathy Waldhauser 3 year term 3 year term term expires - 5/1/12 term expires - 5/1/12 Human Services Foundation: Connie Sandler 3 year term term expires - 5/1/12 Human RiQhts Commission: Marion Helland 3 year term term expires - 5/1/12 Environmental Commission: Dawn Hill 3 year term term expires - 5/1/12 Board of ZoninQ Appeals: Mike Sell 1 year term term expires - 5/1/10 Open Space and Recreation Commission: Bob Mattison 3 year term term expires - 5/1/12 Jerry Sandler 3 year term term expires - 5/1/12 Public Jl~y Memo ndum Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2009 Agenda Item 5. A. Second Consideration - Ordinance #417 - Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees Prepared By Stacy Altonen, Chief of Police Summary At its meeting of April 21 ,2009 the City Council adopted on first consideration Ordinance No. 417, clarifying some language in Subdivsion 3. The attached underlined/overscored version of Section 10.85 and Ordinance No. 417 reflect only the changes that were made at that meeting. This revision will permit nuisance abatement enforcement of all nuisance activity, regardless of the nature of the violation. Police Department personnel have responded to several addresses on various nuisance complaints, but have been limited in enforcement efforts due to current City Code language which states the violations must be of "same or similar" kind. Attachment Underlined/Overscored Version of Section 10.85 (3 pages) Ordinance #417, Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees (1 page) Recommended Action Motion to adopt on Second Condition, Ordinance #417, Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees. 9 10.85 Section 10.85: Repeat Nuisance Call Service Fee Subdivision 1. Purpose The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls, by the City to the same property or location for service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call fees from the owner or occupant, or both, or property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover the costs in excess of the cost of providing normal law or code enforcement services and police protection in the City. Subdivision 2. Scope and Application This Section shall apply to all owners and occupants of private property which is the subject or location of repeat nuisance service calls by the City. This Section shall apply to any repeat nuisance service calls made by City peace officers, part time peace officers, community service officers, animal control officers and code enforcement technicians. Subdivision 3. Definition of Nuisance Call or Similar Conduct A. The term "nuisance" shall mean any activity, conduct, or condition occurring upon private property within the City to which the City is required to respond, including, but not limited to thc follm...ing consisting of the following: 1. Any activity, conduct, or condition deemed by the City as a public nuisance under any provision of the City Code; 2. Any activity, conduct, or condition in violation of any provision of Chapter 10 of the City Code; 3. Any conduct, activity or condition constituting a violation of Minnesota state laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; aA6 or 4. Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. B. The term "nuisance call" shall mean when the City is required to respond to any nuisance.!. Golden Valley City Code Page 1 of 3 9 10.85 Subdivision 4. Repeat Nuisance Service Call Fee The City Manager may impose a repeat nuisance service call fee upon the owner or occupant of private property if the City responded to a nuisance call on three (3) or more occasions within a period of three hundred sixty-five (365) days in response to or for the abatement of any nuisance. The repeat nuisance service call fee under this Section shall be an amount as set forth and duly adopted by City Council resolution. All repeat nuisance service call fees imposed and charged against the owner or occupant under this Section shall be deemed delinquent thirty (30) days after the City's mailing a billing statement therefore. Delinquent payments are subject to a ten percent (10%) late penalty of the amount due. Subdivision 5. Notice No repeat nuisance service call fee may be imposed upon an owner or occupant of property without first serving on such owner or occupant written notice of the earlier nuisance service calls prior to the latest nuisance service call upon which the fee is imposed. The written notice shall: A. State the nuisance conduct, activity or condition that is or has occurred or is maintained or permitted on the property, the dates of the nuisance conduct, activity or condition; B. State that the owner or occupant may be subject to a repeat nuisance call service fee if a third nuisance call is rendered to the property for a nuisance, in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law, and C. Be served personally or by certified U.S. Mail upon the owner or occupant at the last known address. Subdivision 6. Right to Appeal Repeat Nuisance Service Call Fee Upon the imposition of a repeat nuisance service call fee, the City shall inform the owner or occupant of his/her right to a hearing on the alleged repeat nuisance service calls. The owner or occupant upon whom the fee is imposed may request a hearing by serving upon the City Clerk within five (5) business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for hearing. The hearing shall be heard by the City Council within thirty (30) days of the date of the owner or occupant's request for hearing. The hearing shall be conducted in an informal manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. After considering all evidence submitted, the City Council shall make written findings of fact and conclusions on the issue of whether the City Golden Valley City Code Page 2 of 3 9 10.85 responded to or rendered services for repeat nuisance service calls of the same or similar kind on three (3) or more occasions within a three hundred sixty-five (365) day period. The findings and conclusions shall be served upon the owner or occupant by U.S. Mail within twenty (20) days of the hearing. An owner or occupant's right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to hearing, or upon the City Council's written findings of fact and conclusions that the repeat nuisance call service fee is warranted hereunder, the owner or occupant shall immediately pay the fee imposed. Subdivision 7. Legal Remedies Nonexclusive Nothing in this Section shall be construed to limit the City's other available legal remedies for any violation of the law which may constitute a nuisance service call hereunder, including criminal, civil, injunctive or others. Source: Ordinance No. 290, 2nd Series Effective Date: 12-12-03 Golden Valley City Code Page 3 of 3 ORDINANCE NO. 417, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 10.85, Broadening the Type of Nuisance Activity Leading to Repeat Nuisance Call Service Fees The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 10.85, subd. 1 is amended hereby, by restating the first sentence as follows: "The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls, by the City to the same property or location for service calls, as defined herein, which prevent police or public safety services to other residents of the City." Section 2. City Code Section 10.85, subd. 2 is amended hereby by restating as follows: "Subdivision 2. Scope and Application. This Section shall apply to all owners and occupants of private property which is the subject or location of repeat nuisance service calls by the City. This Section shall apply to any repeat nuisance service calls made by City peace officers, part time peace officers, community service officers, animal control officers and code enforcement technicians. " Section 3. City Code Section 10.85, subd. 3(A) is amended by deleting the word "call" after nuisance, and at the end of the sentence remove "includino, but not limited to the followino" and replace it with "consistino of the followino:" Section 4. City Code Section 1 0.85. subd. 3(A) (3) is amended bv deletino the word "and" after firearms. and replacino it with "or" Section 49,. City Code Section 10.85, subd. 3(B) shall be added and shall read as follows: B. The term "nuisance call" shall mean when the City is required to respond to any nuisance. Section & Q. City Code Section 10.85, subd. 4 is amended hereby by restating as follows: "The City Manager may impose a repeat nuisance service call fee upon the owner or occupant of private property if the City responded to a nuisance call on three (3) or more occasions within a period of three hundred sixty-five (365) days in response to or for the abatement of any nuisance. Section e Z. City Code Section 10.85, subd. 5(B) is amended hereby by restating as follows: "B. State that the owner or occupant may be subject to a repeat nuisance call service fee if a third nuisance call is rendered to the property for a nuisance, in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and" Adopted by the City Council this 5th day of May, 2009. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: IslSusan M. Virnio Susan M. Virnig, City Clerk