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12-15-09 Consent Agenda alley o m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 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 Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 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 Moran Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 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. #4046 Aspen Waste Systems 1 Recycling Vehicle 2951 Weeks Avenue S.E. #4043 Randy's Environmental Services 4 Recycling Vehicles 4351 Highway 12 S.E. #4042 Waste Management 8 Recycling Vehicles 1901 Ames Drive #4045 Waste Management 6 Recycling Vehicles 1 0050 Nap les Street N. E. #4074 Down In the Valley Cigarette/T obacco 8020 Olson Memorial Highway #4056 Feist Automotive Cigarette/T obacco 1875 Lilac Drive North #4048 GV. Liquor Barrel Cigarette/T obacco 7890 Olson Memorial Highway #4059 Sunny Hollow Market Cigarette/T obacco 2580 Hillsboro Avenue North $ 50.00 $200.00 $400.00 $300.00 $275.00 $275.00 $275.00 $275.00 #4058 #4054 #4052 #4053 KKS Inc. Cigaretteffobacco 5500 Wayzata Boulevard, LL 120 Holiday StationStores, Inc. 7925 Wayzata Boulevard Cigaretteff obacco Superamerica #4443 1930 Douglas Drive Cigaretteff obacco Superamerica #4497 6955 Market Street Cigaretteff obacco Recommended Action Motion to authorize the issuance of licenses as recommended by staff. $275.00 $275.00 $275.00 $275.00 I 'all ey Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Sue Virnig, Finance Director Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post #523 200 Lilac Drive North Golden Valley, MN 55427 Chester Bird American Legion Post #523 200 Lilac Drive North Golden Valley VFW Post #7051 7775 Medicine Lake Road Golden Valley, MN 55422 Golden Valley VFW Post #7051 7775 Medicine Lake Road Minnesota Youth Athletic Services 4111 Central Avenue NE Columbia Heights, MN 55421 JJ's Clubhouse 6400 Wayzata Boulevard The Church of St. Maron 219 - 6th Avenue NE Minneapolis, MN 55413 Schuller's Tavern 7348 Country Club Drive Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley VFW Post #7051, Minnesota Youth Athletic Services and The Church of St. Maron. ---~e'----'- . \~":L.r!\ iF ~-/' 0\ I _ E ) \~ JJ., L <41INNESO'~ / -~',-----~/-- Public ~U~Y mo Fire Department 763-593-8055 I 763-512-2497 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. C. 3. Fireworks Permit - Sweeney Lake Association Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Sweeney Lake Association and Americana Fireworks have applied or a permit to discharge aerial fireworks as Sweeney Lake for the 11th anniversary New Year's celebration at 12:00 midnight, December 31,2009. If the event cannot be held on December 31 it will take place after dusk on January 1, 2010. The location of the fireworks display will be on private property located at 1801 Noble Drive. The property owner, Mr. Wessin, has authorized the discharge of fireworks from his property. The fireworks display will be conducted by Americana Fireworks Company in accordance with local, state and national requirements. They will also take extra precautions to watch the weather and be prepared to take action to mitigate any potential safety or compliance issues caused by weather. Attachment Letter from Mick Lee, Sweeney Lake Association (1 page) Letter from Jeffry J. Serum, Fredrikson & Byron, P.A. dated November 23, 2009 (2 pages) Recommended Action Motion to approve the fireworks display permit for the Sweeney Lake Association. December 1, 2009 Golden Valley Fite Department Ed Anderson, Deputy Fire Matshall Golden Valley City Counsel 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear Ed and Honorable City Counsel: We are once again requesting permission to hire Americana Fireworks to provide a professional display of fireworks on 12/31/09 to celebrate the New Year. This will be the 11 th year for the event and every year we have had a lot of great feedback from members and neighbors, hoping we would do it again each year. As you know, we did have one complaint after the event two years ago. It was from Christopher Gise, who lives in the home on the peninsula that used to belong to the hospital. Prior to this, we have had no complaint from anyone, only accolades. You may recall that the weather was the main cause, peaking at midnight at 15 miles per hour and blowing in precisely the direction from the launch site to Mr. Gise's home. The home is about 3 times further from the launch than the prescribed 280 feet safety distance requirement. Last year Leonard Bonander's crew took extra precautions to watch the weather and be prepared to take action to mitigate any potential safety or complaint issues caused by the weather. We will do that this year as well. Also, last year the Fire Department stationed a couple of people on or near Mr. Gise's property for safety and communication purposes in case any debris might appear to be a threat to his property. We look forward to continuing what has now become a tradition and do request permission to shoot the show from George Wessin's property at 4611 Golden Valley Road. George has 11 acres and 1100 feet of lakeshore, which makes it an ideal place from which to launch the fireworks. He too is excited to continue the tradition. Thank you for your help and we hope you stop by to enjoy the fireworks. :;d~ Mick Lee 1900 Major Drive Golden Valley, Mn. 55422 Fredrilcson ................. ...,........... tt::: & BYRON, P.A. IOV';14 ZOO9 November 23, 2009 Ed Anderson, Deputy Fire Marshal City of Golden Valley-Fire Department 7800 Golden Valley Road Golden Valley, MN 55427 CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Application by Sweeney Lake Association for Fireworks Permit Dear Mr. Anderson: This firm represents Christopher Gise ("Mr. Gise"), who resides at 1485-1505 Island Drive, Golden Valley, Minnesota. Mr. 9ise anticipates that the Sweeney Lake Association (the "Association") will once again apply for a public fireworks display permit this year in connection with its New Year's Eve, 2010, celebration. On behalf of Mr. Gise, we write to formally express our concerns with this anticipated fireworks display. Mr. Gise informs us that two years ago (and in other prior years) his home and property were littered and damaged by falling debris from the Association's fireworks display over Sweeney Lake. Although Mr. Gise made efforts to inform the City Council and the Association of his concerns regarding the' falling debris from the fireworks display, Mr. Gise informs us that last year the launch site, the size of the fireworks, and the direction in which they were fired (directly toward his house from a site located approximately 400 feet or so away) remained unchanged from previous years. Mr. Gise believes the good fortune of prevailing winds in the opposite direction spared his property from debris during last year's display. Nevertheless, Mr. Gise informed you again last year that the Association's fireworks displays in prior years have resulted in damage to his property, and in some instances those fireworks displays were conducted in the absence of windy conditions in either direction. It is important to Mr. Gise that the City adopt all appropriate measures that would make damage to his home and other properties less likely to occur. By way of this letter, we request that you advise the City Council of Mr. Gise's opposition to the issuance of a public fireworks display permit to the Association. Furthermore, if the Association submits an application for a public fireworks display permit again this year, we ask that you carefully scrutinize the application and proposed display for compliance with the provisions of Chapter 624 of the Minnesota Statutes and the Minnesota State Fire Code. We also ask that you please forward us a copy of the Attorneys & Advisors main 612.492.7000 fax 612.492.7077 www.fredlaw.com Fredrikson & Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, Minnesota 55402-1425 MEMBER OF THE WORLD SERVICES GROUP A Worldwide Network of Professional Service Providers OFFICES: Minneapolis / Bismarck / Des Moines / London / Monterrey, Mexi{:o / Shanghai Ed Anderson November 23,2009 Page 2 Association's permit application along with a copy of the plans required by Section 3308 of the Minnesota Fire Code to our attention. Due to historical problems with debris from the annual fireworks display falling onto Mr. Gise's property, if the City Council approves a public fireworks display for New Year's Eve, 2010, we request that you recommend all appropriate conditions that could be made a part of the fireworks permit in an effort to avoid further damage to Mr. Gise's property. For instance, it would be prudent for the City Council to condition any public fireworks display permit approval on a requirement that the Association and its fireworks display operator make an inquiry with Mr. Gise within five (5) day!-following the fireworks display to determine whether W1f. Gise's property sustained damage before filing the Fireworks Operator Display Report required by Minn. Stat. ~ 624.22 Subd. 6 with the State Fire Marshal. There seems to be a clear safety issue here, and as Fire Marshal we hope you will be inclined to err on the side of caution and not support the issuance of a fireworks permit to the Association if it proposes the same plan used in years past. If you have any further questions or comments regarding this matter, please do not hesitate to contact us. Sincerely, ~~ Jeffrey J. Serum Attorney at Law Direct Dial: 612.492.7304 Email: iserum@fredlaw.com ---- JJS:j fm:DOC:51296.1 :4652813 JDOC cc: Christopher Gise Thomas Burt, City Manager, City of Golden Valley I Valley City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. C. 4. Solicitor's License - Strom Tree Service aka Donald Strom Tree Service Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Strom Tree Service aka Donald Strom Tree Service. 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 l. ceO TO: Golden Valley City Council Fee Paid: $ {1-"7 . 7800 Golden Valley Road Number. of Persons: vf Golden Valley, MN 55427 Type of License Requested: SO/I'LI'tv,J " I Enclose the sum of $ L{.C;~ )Yfor ~ (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. ~S+mf"\~L ~-el\J~~~ A~A \)n~~ ~-hn i-'f'JLL~eJ\J';<:~ (Business or Individual Name or Organization to be Licensed) ~ 6L/ I '531 (MN Business ID or FEIN (Federal ID) for business licenses) Define Business ro r'; ~ to~ (', (Corporation, Proprietorship, Partners ip, Non-Profit, State of Incorporation or Individual) 3(J \ j il'\ S+ ~ IV, K. L :' .flJ~1)s 114 <-; ro '?tj ,I? (Address, including City, State and Zip Code) 3:J.O - '3<00 ,- ~~ b1 (Telephone Number, including Area Code) NOW, THEREFORE, ~V'\o...' ~ b ~ jfV\ hereby makes application for the (Applicant Name) period of \'1 ~:l:l-(}'through 6/30/lD.., subject to the conditions and provisions of said City Code. Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): \ ~ ~-t.f'\I;C.R ~ o...~.\. Io.."'~ ~CA.F; 1 NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. 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: lh (\~ s~fhl2-{, ~t-rr)~ &~r+- ~~~03 W~ l\ ~D.1"l ~ '~~L (If more space is needed, attach additional sheets) STATE OF tn 11\1 (\JU crrrr- ) b I) ss. COUNTY OF l-1-tN('JUltv) I, Jonql ~ e;1rb {'r\ (Officer!1 ndividual) of S1yor?-- /V-e"C. SerU7ce~ (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. nature of Applicant/Principal Officer) Subscribed and sworn to before me this ~~.e'8~-'''' JUDITH A NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2010 ==~~ alley emo City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. C. 5. Solicitor's License - Team Winmark/Comcast Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Team WinmarklComcast. 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 7800 Golden Valley Road Golden Valley, MN 55427 Fee Paid: $ Number. of Persons: Type of License Requested' '\(" Enclose the sum of $ S() 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. ietA \M. lA}.'Vl Ma f k / Cn WI C~.S1-- (Business or Individual Name or Organization to be Licensed) C (MN Business 10 or FEIN {Fe er 10) for business licenses) Define Business C fbit'..:> ('(j fl'f) v1 (Corporation, Prop etorship, Partnership, Non-Profit, State of Incorporation or Individual) JOc:' C~u('cL.t SC-, .5u/fe #-1 {{CJSl1l'lte r 4 C;~ 7?f (Address, including City, State and Zip Code) J I I cl~,\ce q/~-7~/- 773'$ / Lt'JCC J &51- d.41f-j-Cf51~ (Telephone Number, including Area Code) . NOW, THEREFORE, -8 r \'c... Y\ (Yl~Let.v1 e hereby makes application for the (Applicant Name) period of 1:J..-t7-t:Jtt through 6/30/1ll, subject to the conditions and provisions of said City Code. (C~ncipa, Officer) Descri~tion of goods or serv~~es for sale (include p~i~es) ~indjcate i{ soltCiting donations. If more space IS needed, attach additional sheets (be specifIc): 1 e Ie I J l ~ , CJ lit / :II,f-l-e r IA ~ +- / f} he) ~ to ~ (' V l 'c ~ NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. I V ? '7 111 af.s h~ I ( Ave .s T. POt! / J M LI SSlo'-! 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: ?h\ ~~ ~ lflttMiflf10 ~ (If more space is needed, attach additional sheets) STATE OF M rJ ) ,) ss. COUNTY OF l+-e-f\f'Qf/t}. I, ~-S\'Ct VI MLL0 yt --e (Officer/I ndividual) of T t:A-VV\. IN I tV M.fVlK/ ~ OVtAC.lt ) T (Name of Organization) . being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. I 20 () 9 JUDITi": ,6, Ni\LL'/ \'JOTf\K'( PUH!.iC h/H:\J~\~ESOTJ~ .v My Com;o:ssIOil f)piie': ,Jan 31,2010 b~~....~2& ., Regular Meeting Minutes of the GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Monday, October 26,2009 -7:00 PM Brookview Community Center I. CALL TO ORDER Sandler called the meeting to order at 7:00 p.m. II. ROLL CALL The following members were present: Roger Bergman, Kelly Kuebelbeck, Bob Mattison, Emily Piper, Anne Saffert, Jerry Sandler and Dan Steinberg. Also present were: Rick Jacobson, Director of Parks and Recreation; and Sheila Van Sloun, Administrative Assistant. The following members were absent: Ken Graves and Jim Vaughan. III. AGENDA CHANGES OR ADDITIONS The Recreation Report was moved to the November meeting. IV. APPROVAL OF MINUTES - September 30, 2009 MOVED by Bergman and seconded by Steinberg to approve the September 30th meeting minutes. Motion carried unanimously. V. ATHLETIC FIELD GRANT PROGRAM Jacobson explained that the sub-committee met to discuss project selection. The grant is currently being finalized and will be submitted November 2nd. Sandler gave a special thank you to Andy Soltvedt, Brian Erickson and Rick Jacobson for all their time and dedication in putting the grant together. VI. TASTE OF GOLDEN VALLEY Sandler reminded the Commission that the Taste of Golden Valley will take place this year at the Metropolitan Ballroom on Wednesday, November 11, 2009 at 5:30 p.m. He also had tickets available for purchase. VII. ADJOURNMENT MOVED by Piper and seconded by Mattison to adjourn at 8:10 p.m. Motion carried unanimously. Envision Connection Project Board of Directors Meeting Minutes October 15, 2009 Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Marshall Tanick, Blair Tremere and Luke Weisberg (GVCEF Representative) Absent: Philip Lund and Dean Penk Staff: Jeanne Andre The meeting began at 7:10 pm in the Council Conference Room. Approval of Minutes Tremere/Heidelberg moved to approve the minutes of September 17, 2009 as presented. Motion carried. Envision Award Jeanne Andre reported that the Envision Award to the founders of the Golden Valley Arts and Musical Festival will be presented on Tuesday, October 20, at 6:30 pm and invited members to attend. Proposed Community Foundation/Non-Profit Members made a few final edits to the Overview and FAQ that have been discussed at previous meetings. Chair Loomis reported that she discussed the Foundation with the Council at the recent Council/Manager Meeting and Council Members supported continuing discussion of this concept with the Human Services Foundation and other groups. As next steps, the group discussed entities that could be approached for input. The following list was developed: . Golden Valley Community Events Fund - Luke, Philip and Dean will meet with them October 20. . Golden Valley Human Services Foundation - Linda and Dean will meet with them after they are done with the Taste of Golden Valley and before the December Board Meeting. . Other Groups - Luke will seek to set up meetings with other groups such as the Women's Club, Historical Society, Rotary Club, Optimists, and perhaps a business such as General Mills to get reaction to the proposed new Foundation. If he is able to set up a meeting he will send a general request to for others to join the meeting, with Dean, Philip, Blair, Helen and Marshall indicating interest in helping out. The goal will be to discuss the comments received at these groups at the December Meeting with the aim of making a formal presentation to the City Council in January. Bridge Building Activities October 17 Bridge Builder Training - Helene Johnson provided an overview of the program and the group discussed arrangements for the event. Members have personally invited many folks who have expressed an interest in Bridge Builders, but are concerned with the turnout. Members will follow up with those who have not made a final commitment. Envision Connection Project Board of Directors Meeting Minutes October 15, 2009 - Page 2 Lilac Planting - The Second Annual Event went well, though planting was more difficult and some volunteers were still working past 1 pm. There may have been fewer volunteers, but there were definitely more plants, so next year these two should be better matched. The City's Pavement Management Program will be underway on the south side of highway 55 between Douglas and Glenwood, so 2010 will not be the right time to plant in this area. The project could be confined to the north side of the highway or be directed to an area west of Boone Avenue. Jeanne Andre reported that she has been working with volunteers who want to help with the ongoing maintenance of the plantings already in place. The volunteers will be encouraged to do weeding in June and in the fall, with City crews providing mulch in the fall to place around the plants. Dog Park - Linda Loomis reported that the City is waiting for a response from the Humane Society, which is interested in this project but has other, more immediate challenges. Library After School Program - Jeanne Andre distributed an email outlining the plans for the after school tutoring program this fall. Buckthorn Busting - Blair Tremere has discussed sponsoring a training session on buckthorn busting as a platform to encourage volunteers to take on this work. Jeanne Andre reported that a few groups are doing projects under the City program. Garden Club - Linda Loomis reported that the evening garden club took on weeding of some of the boulevard property planted by the City for traffic calming on Winnetka south of Western Avenue. The evening garden club is interested in hands on projects. Quarterly Meeting - The group decided to delay the quarterly meeting until January and discussed possible venues, including: PRISM, LOA, the West End, The Minneapolis Crisis Nursery, Wirth Park Chalet, LOGIS, Minnesota State Patrol, and MnDOT facilities. Marshall Tanick said he is meeting with the Crisis Nursery and will inquire if the staff can accommodate the quarterly meeting on a Saturday morning in January. Other Business Helene Johnson reported that she will be attending a webinar on giveMN.org and will report on it at the next meeting. Future Meetings Jeanne Andre asked the members to check for conflicts with proposed meeting dates next year. The May 20 date frequently has conflicts. The next meeting will be on November 19. The meeting ended at 8:30 pm. Jeanne Andre, Assistant City Manager Bassett Creek Watershed Management Commission Minutes of the Meeting of October 15, 2009 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:40 a.m., Thursday, October 15, 2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Also present: Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Not represented Commissioner Michael Welch, Chair Commissioner Kris Sundberg Commissioner Daniel Stauner Commissioner Ginny Black Commissioner Wayne Sicora Commissioner Jim deLambert Counsel Engineer Recorder Charlie LeFevere Karen Chandler Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Jack Frost, Metropolitan Council Dave Hanson, Alternate Commissioner, City of Golden Valley AI Lundstrom, BCWMC Technical Advisory Committee, City of Golden Valley Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth 2. Approval of Agenda and Consent Agenda Chair Welch added 6G - update on the Medicine Lake TMDL study. Ms. Herbert requested the addition to the Administrative agenda item 4C of invoice iv to the Lakeshore Weekly News in the amount of $180.40 for the publication of the September public hearing notice. Mr. LeFevere asked to be removed from the Consent Agenda. Ms. Loomis moved to approve the agenda as amended. Ms. Black seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. Ms. Black moved to approve the Consent Agenda as amended. Ms. Loomis seconded the motion [City of Medicine Lake absent from the vote]. 3. Citizen Input on Non..Ag.enda Items No Citizen input on non-agenda items. 4. Administration A. Presentation of the September 17,2009, BCWMC meeting minutes. The September 17, 2009, minutes were approved as part of the Consent Agenda. B. Presentation of the Financial Statement. The October financial report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the October 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 540,539.75 540,539.75 Construction Account Cash Balance Investment due 10/18/2010 TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 2,618,005.33 533,957.50 3,151,962.83 3,261,662.25 (109,699.42) C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through August 31,2009 - invoice for the amount of $3,285.55. ii. Barr Engineering Company - September Engineering Services - invoice for the amount of $23,284.53. iii. Amy Herbert - August Recording Administrator Services - invoice for the amount of $2,001.79. iv. Lakeshore Weekly News - Public Hearing Notice Publication - invoice for the amount of $180.40. Ms. Loomis moved to approve the payment of the invoices. Ms. Black seconded the motion. By call of roll, the motion carried unanimously [City of Medicine Lake absent from the vote]. 5. New Business A. Maintenance of Bassett Creek Watershed Channel Restoration Projects. Chair Welch stated that the Commission discussed last month that the cost of ensuring the establishment of live plant elements of CIP projects and specifically channel restoration projects is part of project implementation costs. Jim Herbert of Barr Engineering put together a memo, included in the meeting packet, on the topic of project maintenance. Chair Welch explained that the memo outlined the various kinds of projects and their structures that require ongoing maintenance. He said the memo is for Commission discussion and that the Commission should provide direction to the Commission's Technical Advisory Committee (TAC) for its discussion and recommended changes to Commission policy. Chair Welch said the Commission's overall policy is that the Commission pays for implementation of capital projects and the member city in which the project is located pays for ongoing maintenance. Ms. Chandler said that maintenance of the flood control projects is fairly clearly spelled out regarding the demarcation between where the cities are doing routine maintenance and where the Commission needs to step in. She said that maintenance of water quality and stream restoration projects aren't specifically addressed in the Commission's Watershed Management Plan or in the Commission's Cooperative Agreements with the cities and said the Commission may want to look #249428 vI BCWMC October 15, 2009 Meeting Minutes 2 into that further. She added that Barr didn't make a detailed review of the Joint Powers Agreement for specific language about maintenance. Chair Welch said it would be interesting to get the T AC's perspective on the idea of using the Commission's capital funds for maintenance if the Commission could displace some of the capital costs with outside funding. He said he would like the Commission to discuss the TAC's recommendation at the November or December BCWMC meeting. He said the Commission wants to be sure that the cities can build and maintain the projects before the Commission levies for the projects. He said that at the same time the Commission wants to reduce costs for the taxpayers if the Commission can get funding from outside the organization and there is a lot of funding available right now. Chair Welch commented that outside of the funding from the U.S. Army Corps of Engineers for the flood control project, the Commission hasn't used a lot of outside funds so the present opportunities for outside funding will test the Commission's policies. He said the Commission will want to decide how to deal with the possibility of receiving outside funds. Chair Welch stated that one option would be to lower the levy in the next year or another option would be to maintain the levy amount, since Hennepin County has expressed its support for maintaining the levy at a steady amount from year to year, and then use the capital funds to extend the capabilities of the Commission. Chair Welch said that unless there were any objections, he is directing Ms. Chandler to add that issue to the next TAC discussion. Mr. Stanner remarked that he would like to hear from the TAC on how it would envision the process of funding from the Commission work. He said his understanding is that the Commission levies for the construction of specific projects but if it were to levy for ongoing expenses it would need some sort of ongoing levy. Mr. Stauner said the Commission would need some sort of mechanism to project the ongoing expenses for the project and a mechanism would need to be in place for processing the requests for maintenance for projects. He said he isn't sure on whether the Commission's Plan would need to be amended to include discussion of the funding of maintenance. Ms. Loomis asked if state law dictates that levying for maintenance costs would need to be part of the Commission's Plan. Mr. LeFevere said the authority under which the Commission levies is specific to capital projects in the CIP and the projects have to be in the Plan as well. Maintenance costs would have to come from the Commission's levy to the member-cities. Chair Welch noted that the TAC would need to consider that important piece of information. Mr. Sicora stated that the Commission could consider extending the term of the contracts with the contractors regarding the maintenance of plantings so that the contractors are respousible for maintaining them for five years. Chair Welch said he would consider those costs as implementation costs. He said that maintenance has long been an issue when the Commission has considered permit applications and in its consideration of capital projects. Ms. Black commented that she would like the Commission to build some flexibility into the policy so it could consider funding a portion of maintenance costs in the case where they are unusually expensive (e.g., chemical treatment facilities). Chair Welch stated that the TAC should consider in its discussion that there needs to be a written commitment built into the Cooperative Agreements that the Commission has with its member cities and that the Commission may need to look into a Plan amendment to solidify the policy even if the Minnesota Board of Water and Soil Resources doesn't require it. He said he thinks a maintenance declaration, where the maintenance and schedule is recorded on the deed, is an effective tool. Chair Welch commented that Barr may need to amend its memo before it goes to the TAC for its discussion at the November TAC meeting. 3 #249428 vI BCWMC October 15, 2009 Meeting Minutes Mr. Stauner remarked that he thinks the TAC should also look at how ongoing maintenance as part of a proposed capital project should affect the Commission's evaluation of the project for inclusion in the CIP. He said ongoing maintenance costs for projects would need to be evaluated. Mr. LeFevere remarked that the cities may not be too happy about having their own citizens paying for maintenance for projects in their own cities and then also being levied by the Commission to pay for maintenance for projects in their own cities. Chair Welch said the Commission needs to be able to say what outcome it needs but the cities determine how to accomplish the goal. Chair Welch said he would be glad to review Barr's revised memo before it goes out to the TAC. B. BCWMC's Review of City of Crystal's Local Surface Water Management Plan. Chair Welch said that Ms. Chandler of Barr has completed the review of the City of Crystal's Local Water Management Plan and asked Ms. Chandler if she wanted to bring any particular items to the Commission's attention. Ms. Chandler noted that Barr and the City of Crystal hadn't yet had the opportunity to discuss Barr's draft comments but she is interested in hearing any comments from the City. She stated that overall the plan was good. She said the plan doesn't discuss all of the different kinds of projects that need to be reviewed by the Commission besides the water quality projects. Ms. Chandler also stated that the plan needs to clarify the Commission's role in the city's permitting process. She explained that in her memo detailing the review, the items in bold are the items that the Commission is either requiring or requesting the City to address. Ms. Chandler said there is a correction on page 7, items 20 and 21. She said the bold text for those two items needs to be deleted and that those two items meet the requirements. Ms. Chandler noted that the City of Crystal included its streambank inventory in the Plan's appendix. She said the Plan also incorporates the City's MS4 SWPPP. Chair Welch added that the Metropolitan Council delivered its comments on the plan to the Commission already. Ms. Chandler stated that the Met Council reviewed the plan and stated that the plan is fine. Chair Welch moved for the Commission to forward Barr's memo, with the corrections discussed by Ms. Chandler, to the City of Crystal for its response. Ms. Loomis seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. C. Education and Public Outreach Committee a. Teacher Focus Group. Ms. Langsdorf said the Committee would like to hold a focus group of teachers of several grade levels to find out what type of watershed education resources they have, what type they need, what type of materials they would use, what barriers they encounter when they use the current watershed education resources, what types of barriers they see to applying to for BCWMC education grants, and how the Commission can better direct the grant program. Ms. Langsdorf said there are a number of members serving on the Committee that have extensive experience working with the schools and who have volunteered to put together the focus group and to chair it. She said the Committee would like to invite up to ten teachers and to provide each participant with a stipend of $100 for participating in the focus group with a maximum cost to the Commission of $1,000. She said there are funds available in the budget since the cost of the "10 Things" brochure was six cents per brochure rather than the twenty-five cents per brochure cost that was anticipated. Ms. Sundberg asked if the Committee thinks the stipend would be necessary for the Committee to get individuals to participate in the focus group. Ms. Langsdorf said she didn't know if it were necessary but that she sees their participation as service to the Commission in a consultant capacity. Ms. Sundberg said she is more familiar with 4 #249428 vI BCWMC October 15, 2009 Meeting Minutes focus groups in the business sector and said that although she sees the stipend amount as reasonable she just sees it as payment to them for helping us ultimately help them. Chair Welch remarked that there should be a diversity of teachers who participate in the focus group and the participants should be teachers who have experience and an interest in watershed issues. He also commented that the group facilitations need to be designed to get the broadest possible impact. Ms. Black said the Committee would be interested in any recommendations for possible participants. Mr. Stauner commented that he thinks the focus group is worth the investment. Ms. Sundberg moved to approve the funds up to $1,000 for the Education Committee to facilitate the focus group. Mr. Stauner seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. D. Ballpark Authority Easement Agreement. Mr. LeFevere said the legal counsel for the Ballpark Authority (BPA) sent a proposed storm sewer easement. Mr. LeFevere said the easement has a lot of problems with it and it contains proposed changes that would be disadvantageous to the City of Minneapolis and the BCWMC. He said Mr. Kremer is contacting the BPA to try to get the BPA to reimburse the BCWMC for its costs associated with dealing with the easement issue. Mr. LeFevere said he hasn't yet heard from Mr. Kremer if the BPA has responded. Mr. LeFevere said it is important that the City of Minneapolis playa central role in handling the issue. Chair Welch said this is just an informational item for the Commission. 6. Old Business A. Circle Park Pond Improvements: Plymouth. Ms. Chandler reported that Circle Park Pond is tributary to Parkers Lake. She said the pond is a treatment project for treating water that would go into Parkers Lake. Ms. Chandler said the project was authorized by the Commission in 2005 and a Cooperative Agreement was put into place with a project cost of $42,000. She explained that the Commission Engineer reviewed the plans and saw that a skimmer structure was necessary, which added $14,000 to the project cost. Ms. Chandler stated that an amendment to the agreement was drawn up and approved by the Commission in January 2006 but it was recently discovered that the amendment had not been executed. She said the Commission needs to sign the amendment. Chair Welch added that the Commission levied for the $42,000 but not for the additional $14,000 so those funds would need to come out of the closed project account. Mr. LeFevere added that when he reviewed the meeting minutes from January 2006 he read that Mr. Kremer explained that Commission funds were left over from other projects and could be used for the $14,000 project cost increase. Mr. LeFevere stated that it was the first time the Commission was using funds from the closed account fund, which was established in October 2005. B. Proposed BCWMC Projects for Clean Water Fund Grant. Chair Welch explained that the application process opened today for the Minnesota Board of Water and Soil Resources (BWSR) Clean Water Fund grants. He said the Commission has identified the Plymouth Creek and the Bassett Creek Main Stem restoration projects as good candidates for funding. Ms. Chandler said that the Northwood Lake project (NL-2) would also be a good candidate. She said she has a few more comments after receiving information at a BWSR-run informational meeting she attended yesterday on the grant funds and the application process. Ms. Chandler said the application is online in the form of a spreadsheet and applications are due December 1. She said that the memo from Barr in the meeting packet had discussed the potential for applying for grant funds for the Wirth Lake outlet structure. However, Ms. Chandler noted that the Wirth Lake TMDL is not yet completed and the structure modification is not yet part of the TMDL 5 #249428 vI BCWMC October 15, 2009 Meeting Minutes implementation plan, and the structure modification is not identified on the Commission's CIP. In discussing the idea with BWSR staff at the meeting, she thinks that other projects applying for funding would get higher priority. For that reason, Ms. Chandler recommends holding off on applying for the grant funds for that project until it is in the TMDL implementation plan and! or the Commission's CIP. Ms. Chandler said the funding comes through the legislature each year, which means that next year there could be differences in the application process or in the guidelines for which types of projects qualify. She said that the legislature required that the funds be used for long-term projects, which means projects that show benefits for ten years or longer. Ms. Chandler said the message she heard was that biological control projects, such as carp management and aquatic plant management, don't meet that long-term qualification because it can't be shown that the benefits of those types of projects last for ten years. She said another message from the meeting was that even though the grant recipients have two years to spend the funds, the more ready the projects are to be implemented, the more likely they are to receive funds. Chair WeIch said that given that information, since the Plymouth Creek and Bassett Creek Main Stem projects have been ordered, they are really ready to go and since the Northwood project hasn't been ordered yet, maybe it is less of a candidate. Ms. Black asked if a funding match is required. Ms. Chandler said yes. Ms. Black commented that generally matches cannot come from other state or federal funds. Ms. Black asked if County money can be used for the match. Chair WeIch said yes unless the County's money was federal or state funds. Chair WeIch recommended holding off on applying for grant money for the Wirth Lake outlet project until next year when it would hopefully be part of a TMDL implementation plan. He requested that Barr speak with Joel Settles to find out when Hennepin County will make its decision on how it's going to use its funding. He also directed Barr to follow up with Golden Valley and Plymouth with regard to applications. Mr. Stauner asked about the status of a project in Plymouth regarding a wetland near Highway 169. Mr. Asche replied that it is in the City's CIP and is briefly mentioned in the City's Local Surface Water Management Plan. Chair WeIch said it is also in the BCWMC's CIP. Ms. Chandler said it is in the BCWMC's CIP for construction in 2011- 2012. Chair WeIch asked Barr to follow up with the City of Plymouth on its proposed timing for that project and to complete the grant application for the Plymouth Creek and the Bassett Creek Main Stem restoration projects. Ms. Langsdorf reported that Brad Wozney, BWSR, attended the last Joint Education and Public Outreach meeting. She said that the group asked him about funding from the grant program for education and public outreach. She said he responded that when included as part of a larger project application that funding is available for public outreach-type education.He said projects applying for funding would rank higher if there was a component of public outreach. Ms. Langsdorf stated that Mr. Wozney specifically stated that "a civic engagement piece is important in 2010 funding." Ms. Chandler asked if the cities are going to be taking the lead in completing the grant application or if the Commission will be taking the lead. Chair WeIch stated that she should discuss that with the cities but that he feels the Commission should take the lead if the cities wish and are comfortable with it. He said he thinks it would look better for a joint powers organization to apply than for a city alone. Chair WeIch said he thinks it would be overkill for the cities to provide letters of support but Barr should ask BWSR if the Commission should get letters of support. Ms. Black said BWSR should be asked whether it makes any difference who applies as long as if it is the city applying then there is a letter of support from the Commission stating that the cities typically manage the projects for the Commission and therefore the cities are the ones applying for the grant and so on. 6 #249428 vI BCWMC October 15, 2009 Meeting Minutes Chair Welch said that it makes sense to him that since the Commission is the funding entity then it should be the applicant. Ms. Black asked if the Commission would manage the funds. Mr. LeFevere said the cities could be sub-grantees. Ms. Black said that means the cities would manage the funds anyway. Chair Welch said he is inclined for the Commission to apply for Northwood also unless the Commission receives feedback from BWSR that the project wouldn't be a competitive applicant. Ms. Chandler said there may be a problem if the city's CIF shows the project as a 2012 or later project. Chair Welch said the city may be willing to push the project up if there is funding available. Ms. Black said the City still has the opportunity to change the timing in the City's CIP. Ms. Chandler said that Mr. Wozney mentioned at yesterday's meeting that projects that are still in the feasibility stage should wait. Chair Welch asked if Ms. Chandler needed more direction than has already been discussed. Ms. Chandler said no but if Barr gets into the process and finds it is different than expected, she would want the opportunity to discuss it with the Commission. Chair Welch said Ms. Chandler should contact him and then, if it is deemed necessary, a meeting of the Commission's Executive Committee could be called. He pointed out that there is one more Commission meeting before the application deadline. Ms. Chandler said the Minnesota Conservation Corps (Conservation Corps) was at yesterday's forum. She said the Commission could utilize them as the Commission would a contractor regarding maintenance and inspections of plantings and it would be fairly low cost. She said the Conservation Corps also gets an annual $500,000 grant directly from BWSR so if a Commission project qualifies for funding then the Commission may not need to pay all of the costs. Chair Welch said the Commission should keep that idea on its radar and asked Barr to mention the idea in the discussion with the TAC at its November meeting. He said Barr could let the TAC know that the Commission could facilitate contracts with the Conservation Corps and bring in those funds. Mr. LeFevere added that the Commission prioritized projects for inclusion in the CIP and more projects than the ones listed in the 10-year CIP have been identified in the Commission's Plan as CIP projects. Mr. LeFevere suggested that in regard to available grant funds the Commission could consider moving forward some CIP projects not originally listed on the 10-year CIP. He said the Commission could either use grant funds for CIP projects as a way of reducing the cost of those projects to the Commission and member-cities or the Commission could spend the amount of money originally budgeted and complete more water quality projects. Chair Welch reminded the Commission that it added the major component of streambank restoration projects since the Commission developed its original CIP. Chair Welch asked when the Commission would receive feedback on whether or not it would receive grant funding. Ms. Chandler said BWSR will make its decisions on January 2ih. C. Discuss Revisions to the BCWMC's Joint Powers Agreement. Chair Welch noted that Mr. LeFevere's memo regarding potential housekeeping-type revisions to the BCWMC's Joint Powers Agreement (JP A) was included in the meeting packet. He said the issue in front of the Commission today is whether or not the Commission wants to pursue revising the JPA. Chair Welch added that no recommendations for changes were submitted by commissioners. Mr. LeFevere reported that from a legal point of view, everything the Commission wants to do can be done under the current JP A. He said the Commission began discussing a revision process for 7 #249428 vI BCWMC October 15, 2009 Meeting Minutes the JP A because the Commission identified it as a priority during a brainstorming session on future Commission tasks. Ms. Black added that it was an idea included in the brainstorming session because Springsted, Inc. identified it as a potential task in the organizational analysis. Ms. Black said there is only one item listed in Mr. LeFevere's memo that she sees would be helpful if it were revised at this time. She said that memo item number 7 that recommends changing the 45- day mailed notice of public hearings to member cities to align it with the shorter notice requirement of state law. Mr. LeFevere commented there are provisions in the JPA that repeat provisions of state law, which opens up the risk of the JPA needing to be amended if the state law is changed. Ms. Loomis pointed out that it could cause some confusion for people who may not know that state law supersedes the JPA in the case that the state law documented in the JPA is outdated. The Commission decided it would take no action on the JP A. D. Collateralization of BCWMC Funds. Chair WeIch reported that there is a state law requiring that Commission's funds be secured. He explained that the Commission's funds are secure since they are in a non-interest bearing account and the FDIC has a provision that such funds are insured to an unlimited amount. Chair WeIch said the provision expires on June 30, 2010, so the Commission will need to revisit the issue. E. Wirth Lake TMDL Study. Ms. Chandler reported that the draft TMDL report is half complete and will be submitted to the MPCA in November. She said the draft will go to the MPCA before it goes to the Commission. Chair WeIch asked if the Commission will receive it by the November meeting. Ms. Chandler said she wasn't sure if it would be ready to send with the November meeting packet. F. Sweeney Lake TMDL Study. Ms. Chandler said Mr. Leaf asked Barr to report some information. She said Mr. Leaf expects to receive comments from the MPCA in mid-November regarding their review of the draft Sweeney Lake TMDL report. Ms. Chandler said Mr. Leaf explained that the Commission should review the comments, once available, for discussion at the BCWMC's December 1ih meeting. She stated that Mr. Leaf also hoped to have a more detailed draft implementation plan distributed to the Commission for its review in time for discussion at the December 17th BCWMC meeting. Ms. Chandler said the Commission should hear back from the EPA's review of the TMDL sometime between February and April, 2010. Chair WeIch asked Ms. Chandler to convey to Mr. Leaf that the Commission is eager to see the details of the draft implementation plan at least two weeks prior to the December Commission meeting. G. Medicine Lake TMDL Study. Chair WeIch said he expects to get a draft TMDL report via e- mail today for stakeholder review and for discussion at the October 22nd Stakeholder Committee meeting. He said the public stakeholder meeting will be held on Thursday, October 29th. Chair WeIch commented that he thinks the Commission should submit comments on the draft TMDL and he asked Barr to prepare draft comments for the Commission's review at the BCWMC's November meeting. 7. Communications A. Chair: i. Chair WeIch reported that he and Len Kremer of Barr are meeting with the City of Minneapolis at the end of the month. He said the City is undertaking an effort to streamline the city's response to complaints about stormwater flow and problems and he and Mr. Kremer will be meeting with the City to provide information about the Commission's agreement with the City about storm water contributions to the tunnel and other activities. ii. Chair WeIch announced that there is an open house today for the Mississippi Watershed Management Organization at its new facility. 8 #249428 vI BCWMC October 15, 2009 Meeting Minutes iii. Chair Welch stated that Alternate Commissioner Ted Hoshal, Medicine Lake, had brought to the Commission's attention the possibility of hearing a presentation from college graduate Alye Bohn on her thesis "BASSETT CREEK: PERCEPTIONS OF AN URBAN STREAM: Discovering why Bassett Creek developed as it did and resident perceptions today." Chair Welch directed Ms. Herbert to work with Ms. Bohn and the City of Golden Valley to arrange a 10-minute presentation by Ms. Bohn at the November 18th BCWMC meeting. B. Commissioners: i. Mr. Stauner reported that the Northwood Lake town hall meeting had a good turnout of approximately 35 people. He said the group will be forming a lake association. ii. Mr. Stauner announced that as part of the Shingle Creek Watershed Management Commission he attended its watershed tour last week. He said the tour visited a site in Robbinsdale that is part of the paired intersection study where one part of the intersection is paved with pervious pavement and the other side is paved with regular pavement. He said that of interest to the BCWMC is that the second site of the study will be in Plymouth and in the Bassett Creek Watershed. Mr. Stauner suggested the BCWMC consider joining in on the study, which is being funded by grant money. Chair Welch asked that the Commission receive a presentation on the results of the study as they come forward. iii. Ms. Loomis reported that she attended last week's Mississippi River E. coli TMDL stakeholder meeting. She stated that Barb Peichel, MPCA, commented that the Bassett Creek Main Stem may not qualify to be included in the Mississippi River E. coli TMDL due to the MPCA's understanding that the BCWMC has already started its E. coli TMDL. Ms. Loomis said that someone with the BCWMC should call the MPCA to get the details straightened out. C. Committees: Education Committee i. Ms. Langsdorf announced that Mr. Kremer sent her a great cartoon about picking up dog waste and that she has gotten permission from the cartoonist to reprint it for use in the BCWMC's exhibit. ii. Ms. Langsdorf announced that the Meadowbrook Fall Festival will be held on October 24th. She said that three members of the Committee will be representing the BCWMC at the festival. iii. Ms. Langsdorf reported that the Committee needs more information on who is currently doing outreach on the BCWMC's projects before the Committee can make a recommendation on what other outreach needs to be done. She said she would like to know how the cities determine how large of an area receives the notice about the projects. Mr. Stauner said it could be something for the TAC to discuss and provide to the Commission. Chair Welch agreed that it would be helpful for the TAC to provide feedback to the Commission on whether the cities have specific policies that they follow and that they could forward to the Commission. iv. Ms. Langsdorf reported that the Committee has a meeting scheduled for tomorrow, October 16, at 9:00 a.m. in the Parker's Lake Room at Plymouth City Hall to discuss the teacher focus group. v. Ms. Langsdorf said the next Joint Education and Public Outreach Committee meeting will be on November 10th at 8:30 a.m. in the Medicine Lake Room at Plymouth City Hall. 9 #249428 vI BCWMC October 15, 2009 Meeting Minutes vi. Ms. Langsdorf said the Education and Public Outreach Committee will meet on November 13th in the Parker's Lake Room at Plymouth City Hall. vii. Ms. Langsdorf said that at the last Joint EPOC meeting, Brad Wozney, BWSR, was asking in what ways BWSR could assist. She reported that the Committee decided it would like to have a meeting to put together a framework for a larger public outreach effort and the Committee will be working on that at its November 10th meeting. viii. Ms. Langsdorf said the Committee will be looking into the resource "Stormwater U." ix. Ms. Langsdorf announced that the second article funded by the Commission was printed in the Sun Post for New Hope, Golden Valley, Crystal, and Robbinsdale on the front page and was also printed in the papers for St. Louis Park and Plymouth. She said the article was about adopting storm drains. Administrative Services Committee i. Chair Welch said the Committee met and is proceeding, together with Springsted, Inc., with drafting a request for proposals for administrative services. Ms. Black said the Commission will see the draft at the November meeting. D. Counsel: i. Mr. LeFevere said he has sent to Ms. Herbert the League of Minnesota Cities Insurance Trust memo on the Electronic Communications for Ms. Herbert to forward to the Commission. ii. Mr. LeFevere said he spoke to Joel Settles, Hennepin County, regarding the Commission's question on paying for the Main Stem project using funds levied for Plymouth Creek and paying for Plymouth Creek with funds from a later levy. Mr. Settles did not think that would be a problem. E. Engineer: i. Ms. Chandler reported that the draft 2010 impaired waters list includes the chloride listing for Bassett Creek. ii. Ms. Chandler said the comment period for the Commission's Resource Management Plan has ended. She said the U.S. Army Corps of Engineers said that comments were received from the Department of Natural Resources and the Historical Society. iii. Ms. Chandler said she was contacted by Terrie Christian of AMLAC (Association of Medicine Lake Area Citizens) letting her know that members are looking at researching a redesign of the dam at the outlet of Medicine Lake. Ms. Chandler said Ms. Christian asked if Barr would provide some information. Ms. Chandler asked if the Commission approves of Barr providing a letter to AMLAC that talks about the old and new dams. Chair Welch directed Ms. Chandler to draft a letter for his review prior to it being sent to AMLAC. 9. Adjournment Ms. Loomis moved to adjourn the meeting. Ms. Black seconded the motion. The motion carried unanimously. The meeting adjourned at 1:55 p.m. 10 #249428 vI BCWMC October 15, 2009 Meeting Minutes Michael Welch, Chair Date Pauline Langsdorf, Secretary Date Amy Herbert, Recorder Date #249428 vI BCWMC October 15, 2009 Meeting Minutes 11 alley Me nd Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. E. Approval of 2010-2014 Capital Improvement Program Prepared By Sue Virnig, Finance Director Summary The 2010-2014 Capital Improvement Program was presented to the City Council at the Council/Manager meeting on November 10, and December 8, 2009 and was approved by the Planning Commission at their meeting of November 23, 2009. The financing section outlines the appropriate budget for each section. Attachments Planning Commission Meeting minutes dated November 23, 2009 (2 pages) 2010-2014 Capital Improvement Program (distributed previously) Recommended Action Motion to adopt Resolution Approving the 2010-2014 Capital Improvement Program. Regular Meeting of the Golden Valley Planning Commission November 23, 2009 A regular meeting of the Planning Commissio was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Roa ,Golden Valley, Minnesota, on Monday, November 23,2009. Chair Keysser called th meeting to order atI,a. >~-::: ~~ .--- ~-. -:->''';;...-:;;: //-.,.- ,- 'ser, Kluchka, McCarty, Planning and Develapment ~ irector Sue Virnig, Directofof Public er, LHB Cansultant Michael Schroeder and 1. econded by Schmidgall , 009 minutes as submitted. 2. Presentation of Capitallmproy.~mntl?rograll1'1~'10-2014 - Sue Virnig, City Finance Director Virnig explained that the Capital IrnprovernentProgram is a five year fiscal planning dacument to identify capital projects aver $10,000 and financing sources. She stated that this dacument has financing services made up of general .obligation bonds, equipment certificates, municipal st aid allptments, tax increment, general fund transfers, special assessments and user fe ro he enterprise funds. She added that this year the City Cauncil decertified tpe\lalleyquare Tax Increment District which will help ease the property taxes in 201iO.Sheexpla!"ed that the Planning Commissian's role is ta review the Capital Improvement Program b.ecause it is part .of the City's Camprehensive Plan. After the Planning Comm.ission approves the dacument it will go to the City Council on December8far review anej again for final approval on December 15. Eck referred ta F'Elge 9, exhibit 3 and asked about the golf course projections. Virnig stated thatJhe weat~r,alpng with the ecanomy this past year caused significantly less revenue far the/golf c e. Eck referre 0 Page 11, exhibit 5 and asked why the carryover daesn't match when the year changes from 2013 ta 2014. Virnig stated that was dane in error and she would correct it. Eck referred ta Page 14, exhibit 8 and asked about the three million dollars being spent this year for Dauglas Drive improvements. Virnig stated that it is part .of the Transit far Livable Cammunities (TLC) grant and as a part of that grant the City would have to match the grant funding. Clancy added that the TLC grant application is ta do some interim improvements on Dauglas Drive by adding a sidewalk on the east side between Galden Valley Raad and Duluth Street. She explained that TLC alsa feels it is impartant to restripe Minutes of the Golden Valley Planning Commission November 23, 2009 Page 2 the roadway to a three lane design and to make traffic improvements to accommodate bicycle lanes on both sides of the roadway. She stated that the project is in the very preliminary stage and has not been approved by Hennepin County or by MnDOT. She stated that the placeholder was put in the Capital Improvement Program and reiterated that if the City desires to use the funds from the TLC grant then it needs to set aside money to match the grant. Waldhauser asked Virnig to highlight some of the biggest changes in the Capital Improvement Plan since last year's plan. Virnig explained that the vehicle. equipment replacement level has stayed the same, there were some delays in the building fund and the golf course has also considered delaying some of their equipm~nfreplacing as well. MOVED by Eck, seconded by Kluchka and motion carried unanimously to recommend approval of the 2010-2014 Capital Improvement Program with Commissioner Eck's above noted correction, as it is consistent with the Comprehensive Plan. 3. Continued Informal Public Heari - Zoning Code Amendment - Regarding the N ber of Street Curb Cut A cess Points driveway widths to eliminates secon there have bee Purpose: To lillil the Single Family tabled at their September 29 anguage would restrict curb cuts in xceptions. He added that by putting the ask for a variance if there is a hard9hip ewed the proposed new langua e regarding second driveways and exp ined that lot ontaining two legally constructed rages, lots with a person residing on the property with a physical disability that would require additional driveway access, and lots that Resolution 09-66 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING 2010-2014 CAPITAL IMPROVEMENT PROGRAM WHEREAS, the Planning Commission reviewed the proposed 2010-2014 Capital Improvement Program on November 23, 2009; and WHEREAS, the City Council has reviewed the 2010-2014 Capital Improvement Program at the November 10 and December 8, 2009 Council/Manager meetings; and WHEREAS, financing for projects outlined in the 2010-2014 Capital Improvement Program will be reviewed each year and provided for by current approved budget or specifically identified in the financing section in this document; NOW, THEREFORE, BE IT RESOLVED that the City of Golden Valley approves the 2010-2014 Capital Improvement Program. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. alley d Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. F. Adoption of 2010-2011 Budgets - Water and Sewer Utility, Brookview Golf, Motor Vehicle Licensing, Conservation/Recycling, Storm Sewer Utility, Human Services Foundation and Vehicle Maintenance Funds Prepared By Sue Virnig, Finance Director Summary The 2010-2011 Budgets of the above funds with changes since the Proposed Budgets were submitted to the Council in October. Attachments Resolution Adopting the 2010-2011 Budget for Enterprise, Special Revenue and Internal Services Funds (1 page) Recommended Action Motion to adopt Resolution Adopting the 2010-2011 Budget for Enterprise, Special Revenue and Internal Services Funds. Resolution 09-67 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 2010-2011 BUDGETS FOR ENTERPRISE, SPECIAL REVENUE AND INTERNAL SERVICE FUNDS WHEREAS, in 2009, staff implemented a biennial budget cycle with a proposed current budget year and an in concept budget proposal; and WHEREAS, this proposed 2010 operating budget is submitted by the City in accordance with Minnesota Statutes and other applicable laws in effect on this date; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2010 General Fund Budget are hereby given final approval. FUND DESCRIPTION AMOUNT $418,360 9,783,170 1,773,245 518,345 3,184,695 55,500 351.035 $16,084,350 7000 7120 7150 7200 7300 2020 8200 Recycling Water and Sewer Utility Brookview Golf Course Motor Vehicle Licensing Storm Sewer Utility Human Services Foundation Vehicle Maintenance TOTAL 2010 BUDGET BE IT FURTHER RESOLVED by the City Council that the sources offinancing are through user fees, fund raisers, charges for services and those applicable revenues described in each specific budget. BE IT FURTHER RESOLVED, that the City Council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's budget both proposed and final. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. alley m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. G. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations Prepared By Sue Virnig, Finance Director Summary This resolution is to accept the donations received by the ongoing programs such as Envision, and Human Services Foundation. Attachments Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations (1 page) Recommended Action: Motion to adopt Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations. December 15, 2009 Resolution 09-68 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Onqoinq Proqrams: Golden Valley Human Services Foundation (HSF) Ron Christenson Golden Valley Women's Club WSB & Associates Morrie's Mazda Best & Flanagan Rotary Liberty Diversified Industries (LDI) Lupient Central Bank Individual Contributions to HSF Envision/Connection Project Best & Flanagan Blair Tremere Jim Heidelberg Golden Valley Garden Club WSB & Associates Lupient Buick Pontiac GMC Mansfield Tanick & Cohen Way to Go Sports CD Townes 1,000 700 500 500 1,000 800 2,000 1,500 200 3,359 50 125 20 200 100 100 100 100 100 ATTEST: Linda R. Loomis, Mayor 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. I alley m n Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15, 2009 Agenda Item 3. H. Receipt of November 2009 General Fund Budget Report Prepared By Sue Virnig, Finance Director Summary The monthly General Fund Budget Report provides a progress report on the General Fund operations for 2009. The revenues and expenditures show current month actual and year-to- date actual compared to the 2009 approved budget. The 2009 unallotment from the State is estimated at $344,470. The receipt of Market Value Homestead Credit (MVHC) will not take place in October and December. As of November 30, 2009 the City is using $3,741,960 of fund balance to balance the budget. Attachments November 2009 General Fund Budget Report - unaudited (2 pages) Recommended Action Motion to receive and file the November 2009 General Fund Budget Report. City of Golden Valley Monthly Budget Report - General Fund November, 2009 (unaudited) Percentage Of Year Completed 92.00% Revenue: Over % 2009 November YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,796,685 0 $5,721,294 ($6,075,391) 48.50% (1 ) Licenses 151,425 2,225 179,399 $27,974 118.47% Permits 703,000 46,922 631,511 ($71,489) 89.83% Federal Grants 0 0 6,500 $6,500 State Aid 10,500 (3,766) 79,894 $69,394 760.90% (4) Hennepin County Aid 0 0 3,333 $3,333 (5) Charges For Services: General Government 36,020 (1,349) 42,275 $6,255 117.37% Public Safety 172,080 12,358 146,444 ($25,636) 85.10% Public Works 102,000 8,438 109,370 $7,370 107.23% Park & Rec 391,050 12,750 318,403 ($72,647) 81.42% Other Funds 1,187,000 43,866 959,036 ($227,964) 80.79% Fines & Forfeitures 280,000 15,921 175,918 ($104,082) 62.83% (2) Interest On Investments 230,000 0 0 ($230,000) 0.00% (3) Miscellaneous Revenue 210,940 2,214 214,722 $3,782 101.79% Transfers In 175,000 0 175,000 $0 100.00% TOTAL Revenue $15,445,700 $139,579 $8,763,099 ($6,682,601 ) 56.73% Notes: (1) This includes first half taxes and second half payment from the Humane Society. (2) Fines and Forfeitures includes through October. (3) Investments will be booked at year end. (4) Includes grant for Douglas Drive Corridor Study ($44,340). Percentage Of Year Completed 92% (unaudited) Expenditures: Over % 2009 November YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $333,565 9,714 264,953 ($68,612) 79.43% (5) City Manager 820,770 54,021 667,712 (153,058) 81.35% Admin. Services 1,555,470 79,164 1,264,383 (291,087) 81.29% Legal 115,000 12,922 106,562 (8,438) 92.66% (1) General Gov't. Bldgs. 602,500 30,178 398,900 (203,600) 66.21% Planning 356,490 22,015 339,106 (17,384) 95.12% Police 4,531,630 314,169 3,828,462 (703,168) 84.48% Fire and Inspections 1,549,690 96,068 1,333,400 (216,290) 86.04% (2) Public Works Admin. 312,430 24,871 278,483 (33,947) 89.13% Engineering 674,750 55,116 553,133 (121,617) 81.98% Streets 1,400,985 69,155 1,018,402 (382,583) 72.69% Community Center 77,125 3,466 43,418 (33,707) 56.30% Park & Rec. Admin. 642,845 46,917 551,068 (91,777) 85.72% Park Maintenance 976,035 56,991 772,932 (203,103) 79.19% Recreation Programs 432,680 18,509 338,997 (93,683) 78.35% Risk Management 248,765 1,000 255,176 6,411 102.58% (3) Transfers Out 814,970 0 489,970 (325,000) 60.12% (4) TOTAL Expenditures $15,445,700 $894,276 $12,505,057 ($2,940,643) 80.96% (1) This includes October ytd legal bill. (2) Paid on Call Firefighters are now being paid monthly versus semi-annually. (3) This includes all quarterly payments. (4) This expenditure was lowered due to the unallotment. (5) This amount includes services for YMCA and Home Free Shelter. Valley Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 15,2009 Agenda Item 3. I. Consent to Hennepin County Housing and Redevelopment Authority (HCHRA) for Affordable Housing Incentive Fund (AHIF) Grant - Rehabilitation of House Owned by Community Involvement Programs (CIP) - 1816 Zephyr Avenue North Prepared By Mark Grimes, Director of Planning and Development Summary Hennepin County HRA has approved a request to use $177,000 from Hennepin County's Affordable Housing Incentive Fund to rehabilitate houses owned by Community Involvement Programs (CIP) in Hennepin County. The plan is to spend $25,000 of these funds on the home owned by CIP at 1816 Zephyr Avenue North to help fix up the kitchen and bathroom. The house on Zephyr provides shared housing for persons with mental illness. The remainder of the funds going to CIP will be spent to rehab other houses they own outside of Golden Valley. CIP is a non-profit organization that provides housing and support services to people with disabilities. One way they do this is by providing shared housing to persons with mental illness. CIP provides support services to the individuals that live in the housing. Attached are three pages from their website that provide information about CIP and their housing program. John 1. Everett, Executive Director of CIP, will attend the meeting in case there are any questions. Attachments Description of Community Involvement Programs (3 pages) Resolution Consenting to Use of Hennepin County's Affordable Housing Incentive Fund to Rehabilitate House Owned by Community Involvement Programs - 1816 Zephyr Avenue North (1 page) Recommended Action Motion to adopt Resolution Consenting to Use of Hennepin County's Affordable Housing Incentive Fund to Rehabilitate House Owned by Community Involvement Programs - 1816 Zephyr Avenue North. Community Involvement Programs -- About Us Page 1 of 1 Home About Us Board Recruitment Mission Housing Employment and Community Supports Consumer-Directed Community Supports Mental Health Services Residential Supports Privacy Statement Job Opportunities Related Links Annual Report Made in the Shade Help us Make Money Opt-in to CIP Emails! Make A Gift Search GO Full Site This Section $~~r.!!bIip~ Listeners. Learners. and Leaders About Us Community Involvement Programs has a rich and varied history of supporting people with disabilities. Founded in 1971, CIP established its first programs for adults with disabilities. Since those days, CIP has developed a broad array of services and supports. While most programs are provided in the metro area, services are also provided to individuals and families in Pine and Mille Lacs Counties. Today, our services strive to be responsive to the individual needs and preferences of each person and family we support. We firmly believe that each person and family has the right to experience a quality of life that reflects their choices and interests, their talents and abilities, and that includes relationships with family, friends, neighbors and co-workers. Community Involvement Programs is a non-profit organization based in Minneapolis, but serving individuals throughout the metro area, Pine and Mille Lacs counties. We provide services and supports to persons with developmental disabilities and their families and to individuals with mental illness. For more information or specific programs, check on the menu on your left or call us at (612) 362-4400. Home I About Us I Board Recruitment I Mission I HousinQ I Employment and Community Supports I Consumer-Directed Community Supports I Mental Health Services I Residential Supports I Privacy Statement I Job Opportunities I Related Links I Annual Report I Made in the Shade I Help us Make Money I Opt-in to CIP Emails! I Make A Gift Printer-friendlv Version POW0f0dbyNonpcofitQffJG.€# ..GOnJ http://www.cipmn.org/index.asp?Type=B_BASIC&SEC={ C57 A4255-D36B-42F9-B5A... 12/11/2009 Community Involvement Programs -- Home Page 1 of 1 Home About Us Board Recruitment Mission Housing Employment and Community Supports Consumer-Directed Community Supports Mental Health Services Residential Supports Privacy Statement Job Opportunities Related Links Annual Report Made in the Shade Help us Make Money Opt-in to CIP Emails! Make A Gift Search GO Full Site This Section S~;;tIchTiPl:l Listeners. Learners. and Leaders Home COMMUNITY Ii NVOLVEMENT PROGRA.MS STANDING Wf-'t'H Afib $UpPO~'ttNG :PEOoPt.E 'WITH Q.$A~,t'.tji Welcome to our web site. We hope you will find the information provided here helpful in your search. If you find you need any additional information, please call us at (612) 362-4400. Our mailing address is: 1600 Broadway St NE, Minneapolis, MN 55413. We also have provided a number of links to other relevant sites to help you in your search under "related finks". Our Mission As listeners, learners and leaders, we will stand with and support people with disabilities in their communities as they pursue their personal dreams and goals. Hom~ I About Us I Board Recruitment I Mission I HousinQ I EmploYn)ent and Community Supports I Consumer-Directed Community Supports I Mental Health Services I Residential Supports I Privacy Statement I Job Opportunities I Related Links I Annual Report I Made in the Shade I Help us Make Money I Opt-in to CIP Emails! I Make A Gift printer-friendly Version powereql;>yNoupmfilQffiGe. GOm http://www.cipmn.orglindex.asp?Type=NONE&SEC={29E3E236-7 A88-450D-A 71E-AO... 12/11/2009 Community Involvement Programs -- Housing Page 1 of 1 Home About Us Board Recruitment Mission Housing Employment and Community Supports Consumer-Directed Community Supports Mental Health Services Residential Supports Privacy Statement Job Opportunities Related Links Annual Report Made in the Shade Help us Make Money Opt-in to CIP Emails! Make A Gift Search GO Full Site This Section $~ar~hIjp!i listeners, learners, and leaders Housing Community Involvement Programs provides a range of housing options and supports for persons with disabilities. Housing options include: individual apartments, shared living arrangements, adult foster care and home ownership. Individualized supports provided by Community Involvement Programs help the people we support become active members of their communities. Generally, people contribute 30% of their income toward their housing costs. Subsidies often make up the difference between an individual's resources and the current rent. Section 8 certificates are also accepted. Shared housing sites for persons with mental illness are located in the western suburbs of Hennepin County: St. Louis Park, Eden Prairie, Crystal, Plymouth, Golden Valley, Robbinsdale, and Minnetonka. For more information: For persons with developmental disabilities - tQmr@cipmn,Qrg For persons with mental illness - ~~~~Ch~-']l-'L_Qrg Please click on the link below for a supportive housing application for persons with mental illness. Equal Housing Opportunity I;tj&JShared Housing Application Home I About Us I Board Recruitment I Mission I HousinQ I Employment and Community Supports I Consumer-Directed Community Supports I Mental Health Services I Residential Supports I Privacy Statement I Job Opportunities I Related Links I Annual Report I Made in the Shade I Help us Make Money I Opt-in to CIP Emails! I Make A Gift Printer-friendlv Version PQw~r~gpyNQnPIQfitQffiG~...GQm http://www.cipmn.org/index.asp?Type=B_ EV &SEC={A2087549-0BEA-4A 7 A-9DCO-C... 12/11/2009 Resolution 09-69 December 15, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION CONSENTING TO USE OF HENNEPIN COUNTY'S AFFORDABLE HOUSING INCENTIVE FUND TO REHABILITATE HOUSE OWNED BY COMMUNITY INVOLVEMENT PROGRAMS -1816 ZEPHYR AVENUE NORTH WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) in Resolution No. 09-HCHRA-0013R1 has approved the use of a $177,000 ($25,000) Affordable Housing Incentive Fund (AHIF) grant for the Community Involvement Programs (CIP) Houses (1816 Zephyr Avenue North, Golden Valley, 55422) project, contingent upon the City of Golden Valley consent to the HCHRA's participation in the project; and WHEREAS, the CIP Houses project will preserve the supply of affordable housing in the City of Golden Valley by preserving 3 units of supportive housing; and WHEREAS, the grant from the HCH RA will complete the financing required for the project to go forward. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. 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.