The URL can be used to link to this page

01-05-10 agenda packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 5, 2010 6:30 pm The Council may consider item numbers 1, 2, 3, 4, 6 and 7 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Oath of Office by City Attorney Allen Barnard Council Member Pentel Term Expires - 12/31/13 Council Member Scanlon Term Expires - 12/31/13 B. Seating of the Council C. Roll Call D. U S. Representative Keith Ellison E. Robbinsdale School District Lego League Presentation F. Break for Cake and Coffee Reception for 2010 Council 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 - November 17 and December 1, 2009 B. Set Time and Place of Agenda Closing C. Designation of Official Newspaper D. Designation of Depository for City Funds 10-1 E. Approval of Check Register F. Licenses: 1. General Business Licenses 2. General Business Licenses- Cigarette/Tobacco Sales - Walgreens 3. Gambling Premises Permit Application - Plymouth Lions 10-2 G. Minutes of Boards and Commissions: 1. Envision Connection Project Board of Directors - November 19, 2009 H. Approval of Use of Credit Cards for Purchases I. Establishing Compliance with Reimbursement Bond Regulations under the IRS Code for 2011 Pavement Management Program 10-3 J. Tax Forfeited Property Sale 10-4 K. Acceptance of Donation to Senior Program - Estate of Gwen Urheim 10-5 L. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2009 Audit Services M. Authorization to Request Hennepin County to Include Reconstruction of Douglas Drive in the Hennepin County Capital Improvement Program 4. PUBLIC ITEMS AND PUBLIC HEARINGS 7 PM A. Public Hearing - 2010 Pavement Management Program 10-6 B. Public Hearing - Amendment to 2008 Comprehensive Plan Update - Adoption of Douglas Drive Corridor Study Report 10-7 5. OLD BUSINESS A. Second Consideration - Ordinance #428 - Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater Management and Approve Summary Publication 6. NEW BUSINESS A. Announcements of Meetings 1. Reset Meeting Dates B. Council Assignment - Mayor Pro Tem C. Council Appointments: 1. Assistant Weed Inspector 2. Housing and Redevelopment Authority Commissioners D. Mayor and Council Communications 7. ADJOURNMENT "G, olden valley Memorandurn City Administration/Council 763-593-8003 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 1. D. U. S. Representative Keith Ellison Prepared By Thomas Burt, City Manager Summary U. S. Representative Keith Ellison will be at the meeting to update the City Council on events in DC. `olden galley Memorandum Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 ` Agenda Item 1. E. Robbinsdale School District Lego League Presentation Prepared By Joe Hogeboom, City Planner Summary The Robbinsdale School District's Lego League will perform a presentation/skit for the City Council that is based upon its research of Twin Cities waste collection practices. The group is comprised of five Golden Valley sixth graders who attend both Robbinsdale Middle School and Plymouth Middle School. Lego League is a program that gets kids to think about problems in our world, and what solutions can be found for them. The League introduces kids to real-world engineering challenges by building Lego -based robots. Researching a problem, finding an innovative solution, and presenting the information are other components of the League. The goal of the Lego League is to discover exciting career possibilities and learn to make positive contributions to society. Golden Valley Memorandum City Administration/Council 763-593-3991 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. B. Set Time and Place of Agenda Closing Prepared By Judy Nally, Administrative Assistant Summary At the first meeting of every year the City Council sets the time and place for receipt of any public information for the City Council agenda packet. Recommended Action Motion to set the closing time and place for receipt of public information for inclusion in the Council agenda packet as 4:30 pm on the Wednesday preceding the Council meeting in the City Manager's Office. Goldefl''Vall.�PAT Memorandum City Administration/Council 763-593-3991 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. C. Designation of Official Newspaper Prepared By Judy Nally, Administrative Assistant Summary In accordance with Minnesota Statutes the Council must delegate a newspaper of general circulation in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids, etc. are required to be published. Recommended Action Motion to designate the New Hope/Golden Valley SunPost as the official newspaper. 11 Golden galley Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. D. Designation of Depository for City Funds Prepared By Sue Virnig, Finance Director Summary State Law requires cities to have depositories for city funds approved annually. The attached resolution states the depository, accounts, and signature requirements for each account. Attachments Resolution Designating Depository for City Funds (2 pages) Recommended Action Motion to adopt Resolution Designating Depository for City Funds. Resolution 10-1 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY FOR CITY FUNDS WHEREAS, Minnesota Statutes set procedures and require the City Council to designate depositories for City funds; WHEREAS, these statutes allow the City Council to authorize the Accounting Coordinator or Treasurer/Finance Director to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank, Minnesota, N.A., is now the official depository; and WHEREAS, Wells Fargo Bank Minnesota, N.A., wires transfer funds to below institutions for investments purchased by the City: BNC National Bank Central Bank Piper Jaffray Companies RBC -Dain Rauscher Sterne Agee & Leach US Bank Wells Fargo 4M Fund BE IT FURTHER RESOLVED that the following signatories or alternates are authorized to be signatories on checks drawn on funds deposited: General Checking and Payroll Checking: Mayor or Mayor Pro Tem and Treasurer or Accounting Coordinator Each check shall require two (2) signatures. 2. Internal Deposit Funds: (Brookview Golf Course Checking, Motor Vehicle Registration Fund Checking) Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change of authorization and each check shall require two (2) signatures. 3. Imprest Fund Checking: (Park and Recreation, City Activity Account, Motor Vehicle DNR transactions and Brookview Golf Activity): Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change or authorization and each check shall require one (1) signature. Resolution 10-1 - Continued January 5, 2010 BE IT FURTHER RESOLVED that the following shall be authorized to make investments of city funds and shall be authorized to deposit the principal of said investments in the above named depositories as necessary and beneficial to the City: City Manager, City Treasurer and Accounting Coordinator. The City Manager and City Clerk are authorized and directed to furnish each of the depositories with certified copies of this resolution along with such signature documentation as is required by the depository and the authorizations set forth under 2 and 3 above. 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. Golden galley Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. E. 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. Golden Valley Memorandum Inspections 763-593-8090 / 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. F. 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. #4044 Allied Waste Services 9813 Flying Cloud Drive #4050 JJ's Clubhouse 6400 Wayzata Boulevard #4060 Golden Valley BP 600 Boone Avenue North #4061 United Liquors #2 7751 Medicine Lake Road #4062 Medicine Lake Citgo 9405 Medicine Lake Road #4051 #4057 2 Recycling Vehicles Cigarette/Tobacco Sales Cigarette/Tobacco Sales Cigarette/Tobacco Sales Cigarette/Tobacco Sales Golden Valley Country Club Cigarette/Tobacco Sales 7001 Golden Valley Road MGM Liquor Warehouse Cigarette/Tobacco Sales 7704 Olson Memorial Highway #4049 Schuller's Tavern Cigarette/Tobacco Sales 7345 Country Club Drive Recommended Action Motion to authorize the issuance of licenses as recommended by staff. $100.00 $275.00 $275.00 $275.00 $275.00 $275.00 $275.00 $275.00 Golden galley Memorandum Inspections 763-593-8090 / 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. F. 2. General Business License - Cigarette/Tobacco Sales - Walgreens 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. #4047 Walgreens #430 Cigarette/Tobacco Sales $275.00 5695 Duluth Street The City Council will be conducting an Administrative Hearing on January 5, 2010 at 6 pm to revoke the 2009 license due to continued sale of cigarettes to minors. If, following the Administrative Hearing, the 2009 license is revoked, staff recommends that a 2010 license not be granted. Recommended Action: Motion to deny approval of the Cigarettes/Tobacco sales license for Walgreens #430, located at 5695 Duluth Street. Memorandum Police Department 763-593-8079 / 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. F. 3. Gambling Premises Permit Application - Plymouth Lions Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary Plymouth Lions has submitted an application for a Minnesota Lawful Gambling Premises Permit at JJ's Clubhouse located at 6400 Wayzata Boulevard. Plymouth Lions currently operates a pull -tab booth at Joe Sensors located in Plymouth and Cowboy Jack's Saloon in Plymouth. Documents received from the applicant show that the Minnesota Gambling Control Board currently licenses the organization and its gambling manager, Tracy Ohlendorf. A background investigation was conducted by the Police Department reference this permit application. This investigation included checks with the City of Golden Valley Finance Department, the Gambling Enforcement Division of the Minnesota Department of Public Safety, and the Minnesota Gambling Control Board. No negative information was uncovered by the investigation. The applicant has met statutory and City Code requirements for issuance of a lawful gambling premises permit. Attachments Resolution Approving Issuance of a Premises Permit for the Conduct of Lawful Gambling - Plymouth Lions (1 page) Recommended Action Motion to adopt Resolution Approving Issuance of a Premises Permit for the Conduct of Lawful Gambling - Plymouth Lions. Resolution 10-2 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT FOR THE CONDUCT OF LAWFUL GAMBLING (PLYMOUTH LIONS) WHEREAS, Minnesota Statutes Chapter 349 provide for the licensing of lawful gambling by the State Gambling Control Board ("Board"); and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premises permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; said resolution shall have been adopted within 60 days of the date of the application was received by the City; NOW, THEREFORE, BE IT RESOLVED by the City of Golden Valley that the applicant listed below does meet the criteria necessary to receive a premises permit and the application is hereby approved: (Name and Address of Organization) Plymouth Lions, PO Box 47351, Plymouth, Minnesota 55447 (Name and Address of Site where Premises Permit Sought) JJ's Clubhouse, 6400 Wayzata Boulevard, Golden Valley, Minnesota 55426 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. Envision Connection Project Board of Directors Meeting Minutes November 19, 2009 Present: Sharon Glover, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk Marshall Tanick and Blair Tremere Absent: Jim Heidelberg and Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7:00 pm in the Council Conference Room. Approval of Minutes Tremere/Glover moved to approve the minutes of October 15, 2009 as presented. Motion carried. Proposed Community Foundation/Non-Profit Dean Penk and Philip Lund reported on the October 20 meeting of the Golden Valley Community Events Fund (GVCEF) to discuss whether that group would like to collaborate on the establishment of a community foundation. They noted that GVCEF seems more open to this action now than in the past, but it may wish to delay involvement until the foundation has operated for a few years. The GVCEF already has funding for the 2010 event, so its upcoming fundraising would be for the following year. Dean Penk called Dan Blumb of the Golden Valley Human Services Foundation, who is able to meet on Tuesday, November 24. Dean will set up a meeting with Dan, Linda Loomis, and another GVHSF member for a preliminary discussion prior to presenting this topic to the GVCEF at its December meeting. Members will also check with Luke Weisberg to see if he has set up meetings with any of the other stakeholders. The goal will be to firm up a presentation to take to the Council/Manager Meeting in February. Joint Conference of the Minnesota Council of Non -Profits and the Minnesota Council of Foundations Helene Johnson attended this conference and reported that it presented a new trend — non -profits and foundations working with public entities on public/private partnerships. A lead agency serves as the convener for all providers to identify ways to collaborate with others to accomplish the objective. Foundations are also changing guidelines to support more direct operations under these difficult financial times. Bridge Building Activities October 17 Bridge Builder Training — The training went well. Helene Johnson distributed the summary of the group process/brainstorming. The focus is now on follow up. Jeanne Andre will get Bridge Builder nametags for the new participants. A letter will be sent from the coaches to invite members to the next Bridge Builder Quarterly Meeting and ask if they need assistance from coaches. There is interest in following up on the volunteer day discussed in the main exercise, which Jolly Jennifer wants to promote. Blair Tremere will call Jennifer to see if she can attend the January Bridge Builder Meeting and spearhead future discussions about a volunteer day. Envision Connection Project Board of Directors Meeting Minutes November 19, 2009 - Page 2 Members discussed whether a spring or fall date would be better, and whether to join an existing program such as the October Make a Difference Day. The City of Hopkins has sponsored a volunteer day and could be approached for advice. Quarterly Meeting — Marshall Tanick reported that the Minneapolis Crisis Nursery would be available for the next quarterly meeting, tentatively set for January 30, if Jennifer is able to attend. It would follow the typical tour and meeting format, but could also serve as the kick-off for folks who want to be involved in a volunteer day. If Jolly Jennifer is unable to attend on January 30 the group will consider changing the date. Lilac Planting — The Lilac Planting group has not convened for 2010 planning. Due to Metro Council sewer work on the north side and the City pavement management program on the south side, it is likely the planting will occur west of Boone Avenue. Ice Cream Social — The group supports maintaining the third Thursday in July for the event and asked Jeanne Andre to request the Park and Recreation staff to set aside July 19, if possible, for the Third Annual Ice Cream Social. Dog Park — No news about the dog park. Library After School Program — The program started up again a few weeks ago. It will be able to serve up to 30 kids this year. The YMCA is not able to provide treats this year, so donated treats would be welcomed. Buckthorn Busting — Blair Tremere is still looking at putting together an educational program to inform residents about buckthorn. Linda Loomis suggested he approach the Bassett Creek Water Management Commission Education Committee for sponsorship. Jeanne Andre noted that the current CityNews identifies some buckthorn busting projects initiated this year. Garden Club — Linda Loomis reported that the evening garden club continues to meet and is considering doing a plant sale as part of Valley Days. Other Business Philip Lund asked to discuss an idea he has for developing a performance bandshell at Brookview. The project previously proposed by the Rotary and Women's Club is no longer being promoted by either group. He reviewed a process he has previously used to develop such projects with volunteers. He is an architect and would donate his services to design a bandshell if he can be hired to coordinate volunteer services to construct it. He recently completed a successful project of this nature in Prior Lake. The members encouraged him to bring forward a proposal for Council consideration. Future Meetings Jeanne Andre asked the members to check for conflicts with proposed meeting dates next year. The May 20 date frequently has conflicts. She will check the dates of the 2010 Valley Days Festival. The group would like to meet prior to the festival to organize for the event. Blair Tremere asked that the group consider changing its regular February 18 meeting date to February 25. The next meeting will be on December 17. The meeting ended at 9:10 pm. Jeanne Andre, Assistant City Manager 0 Golden galley Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. H. Approval of Use of Credit Cards for Purchases Prepared By Sue Virnig, Finance Director Summary The City currently uses store issued credit cards for purchases at BP Amoco, Northern Tool, Sears, Super America and Home Depot. These stores will not accept City purchase orders. The credit cards are kept in the Finance Department and given out to employees for purchases that have been previously approved by the appropriate supervisor. The Operations Commander has been approved to control one card from BP Amoco and Super America. The payment of credit card charges is included on the bi-monthly check registers approved by the City Council. The City does not issue individual credit cards, such as Visa and MasterCard, to employees. The Legislature has authorized the use of credit cards by cities, but the legislation requires prior City Council approval of those employees who will be using the cards on behalf of the City. Therefore, I am recommending that the City Council authorize the use of the above credit cards by any City employee, who has received the prior approval of the appropriate supervisor to do so. Recommended Action Motion to approve usage of credit cards by any city employee who has received prior approval from the appropriate supervisor. c1tv Golden Val1ey Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. I. Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code for City's 2011 Pavement Management Program Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the city to be reimbursed for expenditures related to the 2011 City Pavement Management Program. This reimbursement agreement will allow the City to make expenditures for this project and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the project(s). Attachments Resolution Relating to the Financing of the City's 2011 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (3 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of the City's 2011 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Resolution 10-3 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2011 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake a pavement management program in 2011, consisting of the improvement of the City streets identified on Exhibit A hereto (collectively, the "Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not to exceed $5,500,000. (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. Resolution 10-3 - Continued January 5, 2010 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. 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 10-3 - Continued EXHIBIT A 2011 PAVEMENT MANAGEMENT STREET LIST: January 5, 2010 • Circle Down: Turners Crossroad South to cul-de-sac • Colonial Drive: Lawn Terrace to cul-de-sac • King Creek Road: King Hill Road to Glenwood Avenue • King Hill Road: King Creek Road to Glenwood Avenue • Lawn Terrace: Turnpike Road to Glenwood Avenue • Phoenix Street: Welcome Circle to Lilac Drive • Radisson Road: Turners Crossroad South to Turnpike Road • Turners Crossroad South: south end of pavement to Golden Hills Drive • Turnpike Road: Turners Crossroad South to Radisson Road and Turnpike Road (loop street) • Welcome Avenue North: Phoenix Street to Golden Valley Road • Welcome Circle: Welcome Avenue North to Phoenix Street Golden Valley Memorandum City Administration/Council 763-593-3991 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. J. Tax Forfeited Property Sale Prepared By Judy Nally, Administrative Assistant Summary Periodically the City receives a Conservation/Non-Conservation Classification List from Hennepin County. As per State Statutes the City reviews the list to determine if any of the tax forfeit property on the list is wanted by the City. Occasionally a parcel of land is retained by the City for redevelopment, street, utility, drainage, trail, park or open space purposes. The City can choose to request a parcel for 1) public use of conveyance or nonpublic sale to the City for redevelopment, street, utility, drainage, trail, park or open space purposes, or 2) auction to adjacent property owners only or, 3) approve the parcel for public auction. The property listed in the attached resolution is a single family home located at 6601 Medicine Lake Road. Hennepin County has received notice that Associated Bank, N.A., Steven Point, Wisconsin has applied for repurchase of the property. Staff is recommending the property be approved for public auction. Attachment Map (1 page) Resolution for Tax Forfeited Property Sale (1 page) Recommended Action Motion to adopt Resolution for Tax Forfeited Property Sale. LOGISMap Output Page 6747 16725 I 6709 1 5641 ili-",f it Y'—, A•.,'Mx ; Q ,e. .",C;�Y.iii;;a S.AX6 Page 1 of 1 SUBJECT PROPERTY MEDICINE LAKE RD 6509 5435 '6ffi0i'.:• 6531 6525 5339 i 2530 640 Z 2527 a 6 t" 252G 2505 http://gis.logis.org/LOGIS_AreIMS/ims?ServiceName=gv_LOGISmap_OV SDE&Client... 12/30/2009 Resolution 10-4 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION FOR TAX FORFEITED PROPERTY SALE WHEREAS, the City Council of the City of Golden Valley has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of Real Estate Taxes, which said list has been dated October 5, 2009; and WHEREAS, the parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota as non - conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; subject to City review; NOW, THEREFORE, BE IT RESOLVED by said City Council, acting pursuant to Minnesota Statute 282, that the said classification by said Board of County Commissioners of the parcel of land described in said list as non -conservation land, be and the same is hereby approved and that the sale of the parcel of land be and the same is hereby approved; as follows: PROPERTY ID NUMBER: 29 118 21 11 0003 LEGAL: East 131 42/100 feet of West 394 13/100 feet of North 20685/100 feet of Northeast % of Northeast % except road. 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. U olden galley Memorandum Park and Recreation 763-512-2342 1763-512-2344 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. K. Acceptance of Donation to Golden Valley Senior Program - Estate of Gwen Urheim Prepared By Rick Jacobson, Director of Parks and Recreation Summary As adopted in the Donation/Gift Policy, 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. A cash donation must be acknowledged and accepted by motion with a simple majority. The estate of Gwen Urheim has donated $7,500 for Golden Valley senior programs, speakers and entertainment. Attachments Resolution Accepting Donation for Senior Program from Estate of Gwen Urheim (1 page) Recommended Action Motion to adopt Resolution Accepting Donation for Senior Program from Estate of Gwen Urheim. Resolution 10-5 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FOR SENIOR PROGRAM FROM ESTATE OF GWEN URHEIM WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; 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 donation: $7,500 for Golden Valley Senior Program, speakers and entertainment from estate of Gwen Urheim. 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. Ot Golden galley Memorandum Finance 763-593-8013 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. L. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2009 Audit Services Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich & Co. for 2009 audit services for $43,450. This is the same amount as the 2008 audit. Attachments Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (6 pages) Recommended Action Motion to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for the 2009 audit services for $43,450. PRINCIPALS Kenneth W. Malloy, CPA Thomas M. Montague, CPA MMKR Thomas A. Karnowski, CPA Paul A. Radosevich, CPA C E RT I F I E D PUBLIC William J. Lauer, CPA ACCOUNTANTS James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA December 29, 2009 To the City Council of the City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 We are pleased to confirm our understanding of the services we are to provide the City of Golden Valley (the City) for the year ended December 31, 2009. We will audit the financial statements of governmental activities, the business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund and major special revenue funds, which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2009. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as Management's Discussion and Analysis (MD&A), to accompany the City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquires of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis 2. Governmental Accounting Standards Board required other post -employment benefits information (as needed) Supplementary information other than RSI also accompanies the City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1. Combining and individual fund statements and schedules The document will also include the following information that will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory section 2. Statistical tables We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65 and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com City of Golden Valley Page 2 December 29, 2009 We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget Circular A-133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a single audit of federal assistance funds, this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America established by the Auditing Standards Board (United States) and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts, agreements, or grants, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be, and should not be, used by anyone other than these specified parties. If, during our audit, we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit we will prepare a draft of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. City of Golden Valley Page 3 December 29, 2009 Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities to help ensure that appropriate goals and objectives are met. You are also responsible for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishing and maintaining of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and.for the timing and format for providing that information. Audit Procedures General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards does not expect auditors to provide reasonable assurance of detecting abuse. City of Golden Valley Page 4 December 29, 2009 Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engages as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures — Compliance As part of obtaining_ reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. City of Golden Valley Page 5 December 29, 2009. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency pursuant to authority given to it by law or regulation. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the regulatory agency. The regulatory agency may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees for these services will be based on the actual time spent at our standard hourly rates. We will also bill you for travel and other out-of-pocket costs such as report production, typing, and postage. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees, will be rendered each month as work progresses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work, we estimate that the basic audit fees will be $43,200. These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements, new accounting and auditing standards, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report and letter of comment accompanies this letter. City of Golden Valley December 29, 2009 Page 6 We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. �, OtAe-- - dcl-�� William J. Lauer, A Principal WJL:kch Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: Golden galley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 3. M. Authorization to Request Hennepin County to Include Reconstruction of Douglas Drive in the Hennepin County Capital Improvement Program Prepared By Jeannine Clancy, Director of Public Works Summary The reconstruction of Douglas Drive (County State Aid Highway 102) between Trunk Highway 55 and Medicine Lake Road, consistent with the Douglas Drive Corridor Study, has recently been discussed by representatives of City and County elected officials and staff. These discussions have resulted in a target year for reconstruction in 2016, with project design and right-of-way acquisition to occur in 2015. Because Douglas Drive is a Hennepin County Road, the project needs to be included in the Hennepin County Capital Improvement Program for 2015 and 2016 for the project to proceed. A draft letter from Mayor Linda Loomis to Jim Grube, Director of Transportation and County Engineer for Hennepin County, is attached to this Executive Summary for reference. Attachments Draft letter from Mayor Linda Loomis to Jim Grube, dated January 6, 2010 (1 page) Recommended Action Motion to authorize Mayor Loomis to make a written request to the Hennepin County Director of Transportation that the reconstruction of Douglas Drive (CSAR 102) between Trunk Highway 55 and Medicine Lake Road (CSAH 70) be included in the Hennepin County Capital Improvement Program for 2015 and 2016. January 6, 2010 Mr. Jim Grube Director of Transportation/County Engineer Hennepin County 1600 Prairie Drive Medina, MN 55340 Subject: Douglas Drive (TH 55 to Medicine Lake Road) Dear Mr. Grube: On behalf of the City of Golden Valley, I am requesting that Hennepin County include the reconstruction of Douglas Drive (CSAH 102) between TH 55 and Medicine Lake Road (CSAH 70) in the Hennepin County Capital Improvement Program. As recently discussed with you, Commissioner Stenglein, and representatives of the City of Golden Valley, the project cost is estimated at approximated $20 million, including construction, engineering, and right-of-way acquisition. The City requests to work cooperatively with Hennepin County so that right-of-way acquisition can begin in 2015 and construction of the project can take place in 2016. The City of Golden Valley appreciates the technical assistance and support of your staff as we have recently completed the Douglas Drive land use study. We look forward to the design and completion of a successful infrastructure project in the future. Thank you for considering this request. If you have questions, please contact Jeannine Clancy, Director of Public Works, at 763-593-8035. Sincerely, Linda R. Loomis Mayor °Golden Vail.y Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 4. A. Public Hearing for 2010 Pavement Management Program, Public Improvement Project 10-1 Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary As directed at the November 3, 2008 City Council meeting, a feasibility report has been prepared for the 2010 Pavement Management Program (PMP). As requested, the feasibility report was distributed to the City Council at its December 15, 2009 meeting. The feasibility report discusses the rehabilitation of 2.7 miles of local streets located in the south central portion of the City, north and east of Glenwood Avenue, south of Trunk Highway 55 and west of the CP Railroad. The streets included in the 2010 PMP are shown on the attached project location map. The estimated cost for the 2010 PMP is $7,426,400, which includes all estimated construction costs for street rehabilitation, sanitary sewer and water main repair and replacement, and storm sewer construction; and an estimated 25% of the construction costs for indirect project costs. The estimated indirect costs include project design, staking, construction observation, administration, and legal expenses. The proposed financing includes an estimated $1,034,600 in special assessments. This special assessment figure does not include any future assessments for sanitary sewer service and driveway replacement related to this project. Other anticipated funding sources include an estimated $1,075,000 from the Water and Sewer Reserve Fund, (2010-2014 CIP W&SS-001, page 98); $1,100,000 from the Storm Sewer Improvement Fund, (2010-2014 CIP SS -1, page 88); and $4,216,800 from the Street Improvement Fund, (2010-2014 CIP S-001, page 76). Following authorization of the local streets portion of the 2010 Pavement Management Program, the anticipated project schedule is as follows: Open Bids February 16, 2010 Award Contract March 2, 2010 Begin Construction April/May, 2010 Project Completion Fall 2010 Attachments Project Location Map (1 page) Resolution Ordering Certain Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids for City Improvement Project 10-1, 2010 Pavement Management Program (1 page) Recommended Action Motion to adopt a Resolution Ordering Construction of Certain Proposed Public Improvements and Authorizing Advertising for Bids for City Improvement Project 10-1, 2010 Pavement Management Program. 0090% IL 2 IL 0 0 w IL Z LU 2 W Z Z W 2 W O TOM 40 N Resolution 10-6 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS AND AUTHORIZING ADVERTISING FOR BIDS PROJECT 10-1 2010 PAVEMENT MANAGEMENT PROGRAM BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: 1. That a public hearing held on this day at 7:00 pm, at the address of 7800 Golden Valley Road in the City of Golden Valley, Minnesota, after notice of said hearing duly published as required by law, this Council has consulted the view of all persons interested, and, being fully advised of the pertinent facts, does hereby determine to proceed with the construction of certain proposed public improvements for the said City, in accordance with the description of said improvements contained in said notice. 2. It is hereby found and determined that Public Improvements Project 10-1, is feasible and can best be constructed as set forth in said report and not in connection with some other improvements. (The Council reserves the right to consolidate said improvements with other public improvements if it seems advisable to do so.) It is further found that the improvements are effective and necessary. 3. The cost of said improvements shall be paid in part out of special assessment to be levied as set forth in said notice of public hearing. 4. The City Engineer is hereby designated as engineer for the proposed public improvements, and is hereby authorized, ordered and instructed to prepare final plans and specifications for said improvements and obtain proposals for the same in accordance with said report except as modified at the Public Hearing. 5. That the City Clerk shall prepare an Advertisement for Bids for making such improvements. The advertisement shall be published as required by statute, shall specify work to be done and shall state the time and place that the bids shall be opened and considered by the City Engineer and City Clerk, and that no bids will be considered unless sealed and filed with the Clerk. 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. Cit Golden galley Memorandum Planning 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 4. B. Public Hearing - Amendment to 2008 Comprehensive Plan Update - Adoption of Douglas Drive Corridor Study Report Prepared By Joe Hogeboom, City Planner Summary The Douglas Drive Corridor Study Report, which focuses on land use issues, pedestrian and bicycle facilities, roadway design, and transit options along the Douglas Drive corridor, is proposed to be adopted as part of the City's Comprehensive Plan. The Report is also available on the City web site. The Douglas Drive Advisory Committee, as well as the Planning Commission, have recommended this report for approval. After a 15 month process, which included various interactions with stakeholders and property owners, the Douglas Drive Corridor Study process has ended. As a result of the study, a 41 - page report has been produced. The report provides a framework for long-term land use and roadway design for the Douglas Drive Corridor. Staff proposes to amend the Comprehensive Plan by incorporating the Douglas Drive Corridor Study Report into the chapter of the Plan entitled, "Special Planning Districts." Staff currently proposes no changes to the General Land Use Map. Allowing the study report to be included in the Comprehensive Plan as a standalone document enables it to help guide long-term land use evolution in the corridor without impacting current land use configuration. Michael Schroeder, Douglas Drive Corridor Study Project Manager, will give a brief presentation of the study report and address questions and concerns. Attachment Resolution Amending the 2008 Golden Valley Comprehensive Plan Update to Include the Douglas Drive Corridor Study Report (1 page) Recommended Action Motion to adopt Resolution Amending the 2008 Golden Valley Comprehensive Plan Update to Include the Douglas Drive Corridor Study Report. Resolution 10-7 January 5, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2008 GOLDEN VALLEY COMPREHENSIVE PLAN UPDATE TO INCLUDE THE DOUGLAS DRIVE CORRIDOR STUDY REPORT WHEREAS, the Douglas Drive Corridor Study was undertaken to analyze current and future land use and traffic trends along the Douglas Drive Corridor; and WHEREAS, the City of Golden Valley has identified the Douglas Drive Corridor as an area in need of long-range land use planning; and WHEREAS, incorporating the Douglas Drive Corridor Study Report in the Comprehensive Plan enables the City of Golden Valley to proactively seek land use and roadway redevelopment opportunities for the Douglas Drive Corridor; and WHEREAS, the Planning Commission, following an informal public hearing, has recommended its approval for amending the 2008 Golden Valley Comprehensive Plan Update to include the Douglas Drive Corridor Study Report; and WHEREAS, on January 5, 2010 the City Council held a public hearing to take public testimony on amending the 2008 Golden Valley Comprehensive Plan Update to include the Douglas Drive Corridor Study Report; NOW ,THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that the City does hereby amend the 2008 Golden Valley Comprehensive Plan Update to include the Douglas Drive Corridor Study Report. BE IT FURTHER RESOLVED, that the City Golden Valley submit the newly revised Comprehensive Plan to the Metropolitan Council for final review. 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. 0 Golden Valley Public Works 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 5. A. Proposed Revisions to City Code, Section 4.31, Grading, Drainage, and Erosion Control Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Eric Eckman, Public Works Specialist Summary The existing Section 4.31, Grading, Drainage, and Erosion Control, has been in effect since 1999. Since that time, new state and federal regulations pertaining to the quality of surface water have made it increasingly important to manage stormwater and urban runoff at the local government level. Changing the title of Section 4.31 to "Stormwater Management" and expanding its scope will address the new regulations and accomplish the following goals: 1. To meet the requirements of the Bassett Creek Watershed Management Commission's (BCWMC) Second Generation Watershed Management Plan. 2. To be in conformance with the City's Surface Water Management Plan. 3. To meet the requirements of the City's National Pollutant Discharge Elimination System Phase II Federal Permit. 4. To better define and clarify the land -disturbing activities which require a permit. 5. To codify existing City policies and practices. The first consideration of this ordinance took place at the December 15, 2009 City Council meeting, and the ordinance was adopted with the stipulation that staff work with the City Attorney to address five areas of question. Those questions and the recommendations of staff are summarized below: Subdivision (4)(A)(1)(e), Activities Requiring a Stormwater Management Permit. "Any land disturbing activities within City right-of-way that have a duration greater than seventy-two (72) hours." Council requested that staff ensure that the language in the proposed ordinance avoid doubling the number of permits required for sanitary sewer service repair work. Recommendation It is not the intent of the City to require a stormwater management permit for utility work or activities covered by another permit. However, there are activities in public right-of-way, such as turf replacement and small landscaping projects that may not require a right-of-way permit, but should require a stormwater management permit. For this reason, staff recommends the language be changed to read, "Any land disturbing activities within City right-of-way that have a duration greater than seventy-two (72) hours and which are not covered by a right-of-way excavation, utility, or plumbing permit." 2. Subdivision (4)(13)(1), Application Submittal Requirements. Council commented that a project located in the Minnehaha Creek Watershed District (MCWD) would not need to complete forms and fees required by BCWMC, and suggested changing the language to reflect that point. In addition, there was a question as to whether or not the City would want to know if someone had made application to MCWD. Recommendation Staff recommends revising the language in Subdivision (4)(13)(1) to read, "Completed application forms and fees required by the City, and BCWMC, if applicable." On the question of whether or not the City would want to know about an application being made to MCWD, Subdivision (4)(13)(3) addresses that point stating that "copies of permits or permit applications required by other jurisdictions" are required with each City Stormwater Management Permit application. 3. Subdivision (5)(C)(3)(d), Buffers. Council asked if anyone who establishes a buffer would be required to put it into a conservation easement. Staff responded that the buffer standards are a guide and that the standards may be modified or waived depending on the project site and the goals for the wetland. That prompted an overall question about whether the standards "shall' or "may" guide the creation of buffers, and a concern that the standards might be too onerous. Recommendation The City Attorney advised that the ordinance states the buffer standards serve as a guide, not a requirement, so placing a buffer in a conservation easement is not mandatory in all cases. Therefore, the language in Subdivision (5)(C)(3) is left as is, with the exception of adding that the administrator may waive standards. To further the point that the standards are a guide, the Attorney suggested that the word "shall" be changed to "should" or "may" in (3)(a) through (3)(f). 4. Subdivision (6)(A)(2), Landscape Debris. Council asked if there was another section of the City code that properly addresses the illegal dumping of leaves and yard waste onto public properties. Recommendation Section 10.40, Collection and Disposal of Garbage, Refuse, Yard Waste, and Recyclables, addresses unlawful "littering" and describes the enforcement process. Section 4.31, Subdivision (6)(A)(2), Landscape Debris, does not conflict with Section 10.40, and is more specific to the disposal of landscape debris into the stormwater management system. Therefore, staff recommends leaving Subdivision (6)(A)(2) as it currently reads. 5. Subdivision (6)(13)(2), Illegal Discharges and Illicit Connections. Council questioned the location of the sentence, "No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater system," and indicated that it does not relate to fire fighting activities. Recommendation The sentence location was an overlooked formatting error. Staff recommends reconfiguring Subdivision (6)(B) for clarity and making this sentence a separate item. Staff has prepared and attached a version of the ordinance that addresses the questions identified by Council. If adopted by the Council at its second consideration, the ordinance will be effective upon publication. In order to save publishing costs staff is requesting the Council approve publication of the Summary Ordinance. This action requires a 4/5 vote. Attachments Ordinance No. 428, Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control and Adding a New Section 4.31: Stormwater Management (17 pages) Summary of Ordinance No. 428, Amending Section 4.31, Regarding Grading, Drainage, and Erosion Control (Stormwater Management) (1 page) Recommended Action Motion to adopt Ordinance No. 428 amending the City Code Section 4.31 on its second consideration. Motion to approve publication of the Summary Ordinance. ORDINANCE NO. 428, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 4.31: Grading, Drainage, and Erosion Control and Adding a New Section 4:31: Stormwater Management Section 1. City Code, Chapter 4, Section 4.31 entitled "Grading, Drainage, and Erosion Control" is hereby repealed in its entirety. Section 2. City Code, Chapter 4 is hereby amended by adding a new Section 4.31, entitled "Stormwater Management", reading as follows: Section 4.31: Stormwater Management Subdivision 1. Statutory Authorization and Purpose A. Statutory Authorization.. This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462. B. Findings. The City of Golden Valley finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community. C. Purpose. The general purpose of this ordinance is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction site erosion and post -construction stormwater runoff. Subdivision 2. Definitions and General Provisions A. Definitions. The following terms are defined for purposes of this section as set forth below. Terms not defined in this section shall have the meaning customarily assigned to them as a matter of general usage. For the purposes of this section, the words "must" and "shall" are mandatory and not permissive. 1. Administrator: The individual responsible for overseeing the requirements of the City Code for purposes of this section of this code; the administrator shall be the City Engineer or his/her designee. 2. Alteration: Any change or modification of land, water, vegetation or existing structures. 3. Applicant: A permittee, or any person or entity that applies for any permit for a project that includes a land disturbing activity. Applicant also means that person's agents, employees, and others acting under that person's direction. 4. Bassett Creek Watershed Management Commission or BCWMC: The watershed management organization established by a joint powers agreement between nine member cities including the City of Golden Valley. The BCWMC is responsible for managing water resources within the 40 square mile Bassett Creek watershed. Most of the City of Golden Valley is located within the Bassett Creek watershed. 5. Best Management Practices or BMPs: Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction -phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. Examples of BMPs can be found in Protecting Water Quality in Urban Areas, Minnesota Pollution Control Agency 2000, Minnesota Urban Small Sites BMP Manual, Metropolitan Council 2001, State of Minnesota Stormwater Manual, MPCA 2005, Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices, U.S. Environmental Protection Agency 1992, and Erosion Control Handbook, Minnesota Department of Transportation2002. 6. Calculated high water level: The peak elevation calculated for a 100 - year precipitation or snowmelt runoff event. 7. Development: The construction, installation or alteration of any structure; the extraction, filling, clearing or other alteration of land or vegetation; the change of cross section of any water body of watercourse; the subdivision of land pursuant to the City Code. S. Earth Material: Any rock, natural soil or fill or combination thereof. 9. Erosion: The wearing away of soil by rainfall, surface water runoff, wind, or ice movement. 10.Erosion Control: Methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. 11.Final Stabilization: The establishment of permanent cover on the entire site. 12.Floodplain: Those areas within the City which include the beds proper and the areas adjoining Bassett Creek or its tributaries, which have been, or hereafter may be, covered by a regional flood. 13. Grade: The vertical location of the ground surface. 14. Grading: Any land disturbance or landfill, or combination thereof. 15. Illicit Connections: An illicit connection is defined as either of the following: a. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including but not limited to any conveyance which allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, except discharges from sump pits, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or b. Any drain or conveyance connected from a residential, commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. 16. Land Disturbance or Land -Disturbing Activities: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands. This may include, but is not limited to, a disturbance that results in a change in topography, or disturbance of the existing soil cover (both vegetative and non - vegetative). Land -disturbing activities include clearing and grubbing, grading, excavating, transporting earth material and filling of land for all new construction and redevelopment. Activities that do not meet the thresholds for projects identified in Subdivision 4. A. are not considered land -disturbing activities. 17. Minnehaha Creek Watershed District or MCWD: The MCWD issues permits for erosion control and stormwater management in a small area of the City south of Interstate 394 and east of Highway 100. 18. National Pollutant Discharge Elimination System or NPDES program: The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act, Sections 301,318, 402, and 405 and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. 19. Owner: Includes fee owner, contract purchaser, and lessee for whom construction is being undertaken. 20. Permanent Cover: Final stabilization. Examples include grass, native vegetation, landscape rock, mulch, asphalt, and concrete. 21. Permit: An official document or certificate issued by the City of Golden Valley authorizing performance of a specified activity. 22. Permittee: An applicant or any person or entity who signs the application submitted to the City and is responsible for compliance with its terms and conditions. 23. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one hundred (100) -year recurrence interval. 24. Sediment: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth's surface either above or below water level. 25. Sediment Control: Methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drainpipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 26. Site: A parcel or parcels of real property owned by one or more than one (1) person, which is being or is capable of being developed as a single project. 27. Soil: The unconsolidated mineral and organic mineral material on the immediate surface of the earth. 28. Stabilized: The exposed ground surface has been covered by staked sod, riprap, wood fiber blanket, or other material, which prevents erosion from occurring. Ground surface which has been seeded is not stabilized. 29. Stormwater: Precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff and drainage. Stormwater does not include construction site dewatering and sump discharge. 30. Stormwater Management Facilities: Structural and non-structural components of the stormwater management system associated with the quality and quantity of stormwater runoff. 31. Stormwater Management Plan. A plan which describes how stormwater runoff and associated water quantity and water quality impacts resulting from the proposed development project will be controlled and managed. 32. Stormwater Management System: Public and/or private systems of collecting, conveying, storing and treating stormwater runoff. 33. Stormwater Pollution Prevention Plan or SWPPP: A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off site nonpoint pollution. 34. Sump Discharge: Water that has been filtered through the ground or soil layers resulting in clear water. Sump discharge is not considered stormwater. 35. Surface Waters: All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, and watercourses, whether natural or artificial, public or private. 36. Temporary Erosion Protection: Methods employed to prevent erosion before final stabilization. Examples include; erosion netting, wood fiber blanket, wood chips and silt fence. 37. Wetlands: Wetlands are defined in Minn. R. 7055.0130, Subp. F and includes those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. B. Responsibility. Neither the issuance of a stormwater management permit nor compliance with its conditions or the provisions of this ordinance, shall relieve any person from any responsibility otherwise imposed by law for damages to persons or properties, nor shall the issuance of any permit hereunder serve to impose any liability on the municipality or its officers or employees for injury or damage to persons or property. A permit issued pursuant to this ordinance shall not relieve the permittee of the responsibility of complying with any other requirements established by law, regulation or ordinances. C. Abrogation and Greater Restrictions. It is not the intention of this ordinance to repeal or abrogate any existing grading, drainage and erosion control or stormwater management policies or permits issued under pre-existing Section 4.31, which permits shall continue in full force and effect; however, where this section imposes greater restrictions, the provisions of this section shall prevail. D. Compatibility and Compliance with other Regulations. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards shall control. E. Application to all Water Entering System. This ordinance shall apply to all water entering the City's stormwater management system from any land within the City. F. Responsibility for Administration and Waivers. The Administrator shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the Administrator by this ordinance may be delegated to persons or entities acting in the interest of the City. The Administrator may waive any submittal or administrative requirement that will not adversely affect achievement of the purpose, goals and performance standards of this ordinance. Subdivision 3. Permit Authority for Land -Disturbing Activities A. City of Golden Valley. The City of Golden Valley is the permitting authority for land disturbing activities within the boundaries of the BCWMC and the MCWD. The City may issue a Stormwater Management Permit approving land disturbing activities in these areas. B. Bassett Creek Watershed Management Commission (BCWMC). Although the BCWMC is not a permitting authority, it has the authority to review and approve projects listed in the document "Requirements for Improvements and Development Proposals." Such projects must comply with BCWMC guidelines, policies, standards and requirements. The BCWMC will review the applicant's submittal only after the project has received preliminary review by the City indicating general compliance with existing local watershed management plans. C. Minnehaha Creek Watershed District (MCWD). The MCWD is the permitting authority for land disturbing activities in excess of five thousand square feet (5,000 sq ft) within the MCWD boundaries. Where required, the MCWD permit is in addition to a permit required by the City of Golden Valley. D. Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for land disturbing activities requiring an NPDES permit for construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES permit is in addition to permits required by the City of Golden Valley and the MCWD. Subdivision 4. City of Golden Valley Stormwater Management Permit A. Activities Requiring a City of Golden Valley Stormwater Management Permit. 1. Land -disturbing activities which remove soils or vegetation, including but not limited to clearing, digging, dredging, draining or filling. Any of the following activities shall require a Stormwater Management Permit: a. Any activities which disturb soils or vegetation in excess of four thousand square feet (4,000 sq. ft). b. Any activity that would involve construction, installation, demolition, modification or expansion of a building foundation wall. c. Construction or demolition of a swimming pool. d. Construction or demolition of a retaining wall of sufficient height to require a building permit. e. Any land disturbing activities within City right-of-way that have a duration greater than seventy-two (72) hours and which are not covered by a right-of-way excavation utility, or plumbing permit. f. Cutting, filling, disposal, hauling in, or storage of more than 30 cubic yards of soil. g. Construction, reclamation, expansion, removal or modification of a parking lot. h. Construction, expansion or modification of a stormwater quality treatment facility or stormwater BMPs. i. Any land disturbing activities within the 100 -year floodplain or calculated high water level of any water body, or immediately adjacent to any wetland or public water body, including shoreline restoration and creek bank stabilization. j. Those activities required to meet "Level 1 standards" and "Nondegradation standards" of the BCWMC as set forth in the current version of BCWMC's Requirements for Improvements and Development Proposals as amended from time to time. 2. The following activities may be undertaken without a Stormwater Management Permit: a. Maintenance of existing yards. b. Emergency work to preserve life or property. B. Application Submittal Requirements. Each City of Golden Valley Stormwater Management Permit application shall include two sets of plans and supporting documentation and one electronic copy of the plans and supporting documentation. The following items shall be required with each application, except to the extent waived by the Administrator: 1. Completed application forms and fees required by the City. and BCWMC, if applicable. 2. Provision made for financial securities as required in Subdivision 4(F). 3. Copies of permits or permit applications required by other jurisdictions. 4. Existing site conditions on a certified survey, prepared to City standards and including existing topography, easements, vegetation and drainage. 5. Stormwater Management Plan and Narrative. Plans must be prepared to City standards. C. Application Review Process and Permit Approval. 1. Pre -Review. The Administrator shall make a determination regarding the completeness of a permit application within fifteen (15) business days of the receipt of the application and notify the applicant if the application is not complete. Incomplete applications may result in automatic denial of the permit. 2. Permit Review and Decision. Both the City and the appropriate watershed management organizations review permit applications. The Administrator shall notify the applicant of permit approval or denial within sixty (60) days of receipt of a complete application. 3. Permit Approval. Upon approval of the application, the Administrator shall issue a permit. 4. Permit Denial. If the Administrator determines that the application does not meet the requirements of this ordinance, the application will be denied. All land use and building permits shall be suspended until the applicant has an approved permit. 5. Plan Modifications. The applicant must amend any submitted plans as necessary to include additional requirements, such as additional or modified BMPs designed to correct problems identified, or to address situations whenever: a. There is a change in design, construction, operation, maintenance, weather, or seasonal conditions that has a significant effect on the discharge of pollutants to surface or ground waters. b. Inspections or investigations by site operators, local, state or federal officials indicate the plans are not effective in preventing or significantly minimizing the discharge of pollutants to surface or ground waters or that the discharges are not meeting water quality standards; or c. The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity. 6. Permit Duration. Permits issued under this section shall be valid for the period during which the proposed land disturbing or filling activities and soil storage takes place or is scheduled to take place. The permittee shall commence permitted activities within sixty (60) days of the issuance of the permit for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the Administrator, except where an item to be resubmitted is waived by the Administrator. The permit will expire or terminate when: a. The site has been stabilized and approved by the Administrator; or b. There has been one hundred eighty (180) days of inactivity. D. Performance Standards. 1. All grading material and soil however placed on a grading site shall remain within the limits of the grading site and not travel onto adjacent property, streets, or other public or private property as dust, mud, chunks, or otherwise, unless approved by all affected adjacent property owners and the Administrator. 2. Projects disturbing an area of 10,000 square feet or more shall meet the current requirements for Construction Erosion and Sediment Control Plans specified by the BCWMC. 3. Projects required to meet "Level 1 standards" and "Nondegradation standards" of the BCWMC shall meet the current design and maintenance requirements for the proposed BMPs as specified by the BCWMC. E. Applicant Responsibilities. 1. Inspections. The Applicant is responsible for regular inspections and record keeping needed to document compliance with the permit requirements. The City may conduct inspections as needed to ensure that both erosion and sediment control and stormwater measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The Applicant shall notify the City a minimum of seventy-two (72) hours prior to the following required City inspections: a. Initial Inspection - when all erosion and sediment control BMPs are installed. This inspection must be completed before a building permit can be issued. b. Project Complete Inspection - when the project is complete including, but not limited to, final grading, installation of all stormwater management facilities, and final stabilization measures are complete. One-year warranty begins after inspector approves project. c. Warranty Inspection - completed one year later to confirm that permanent site stabilization methods have been successful and vegetation, has been established. 2. Reporting. The Applicant shall submit reports to the Administrator under the following circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: a. There are delays of more than seven (7) days in obtaining materials, machinery, services or manpower necessary to the implementation of the Stormwater Management Plan as scheduled. b. There are delays of seven (7) days in land disturbing or filling activities or soil storage. c. The work is not being done in conformance with the approved plans and permit. Any changes to the approved plan must be submitted to the Administrator for review and approval before work can commence. 3. Right of Entry. The issuance of a permit constitutes a right -of -entry for the City or its contractor to enter the construction site. The applicant shall allow the City and its authorized representatives, to: a. Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys; b. Bring such equipment on the site as is necessary to conduct such surveys and investigations; c. Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; d. Inspect the stormwater pollution control measures; e. Sample and monitor any items or activities pertaining to stormwater pollution control measures; f. Correct deficiencies in stormwater and erosion and sediment control measures consistent with Subdivision 4.G.5-6 of this ordinance. F. Financial Security. Amount and Type. The applicant shall provide security for the performance of the work described and delineated in the approved permit in an amount not less than one hundred and fifty percent (150%) of the approved estimated cost of performing the described work. The type of the security shall be one or a combination of the following to be determined by the Administrator: a. Bond or bonds issued by one or more corporate sureties duly authorized to do business in the State of Minnesota. The form of the bond or bonds shall be subject to the approval of the City Attorney; b. Deposit, either with the Administrator or a responsible escrow agent or trust company at the option of the Administrator, of money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal government wherein said financial institution pledges funds are on deposit and guaranteed for payment; or c. Cash in U.S. currency. 2. Release. Security deposited with the City for faithful performance of the approved plans and to finance necessary remedial work shall be released one (1) year after final inspection has been approved by the Administrator, provided no action against such security has been filed prior to that date. The City reserves the right to retain all or a percentage of the security for a warranty period at the discretion of the Administrator. 3. Reduction of Security. The applicant may have the option to reduce the security one time within the first twelve (12) months of the issuance of the Permit, and thereafter, one time within any twelve (12) month period, which period shall commence on the anniversary date of the issuance of the permit and shall end on the day preceding the anniversary date of the issuance of the permit. G. Enforcement Actions to Ensure Compliance. 1. Orders. The Administrator may issue an order to modify the approved permit and stipulate a time frame for compliance per Subdivision 4.C.5. The applicant shall comply with said order. 2. Permit Suspension. The Administrator shall suspend the permit and issue a stop work order if the Administrator determines that the permit was issued in error, the applicant supplied incorrect information, or the applicant is in violation of any provision of the approved plans, the permit, or this ordinance. The Administrator shall reinstate a suspended permit upon the applicant's correction of the cause of the suspension. 3. Construction Stop Work Order. The City Building Official may issue a stop work order for a related building permit if requested by the Administrator. 4. Permit Revocation. If the applicant fails or refuses to cease work as required, the Administrator shall revoke the permit and the applicant shall be subject to enforcement, penalties, and loss of its financial security in accordance with terms of Subdivision 4.G.6. of this Ordinance. The Administrator shall not reinstate a revoked permit. 5. Remedial Corrective Action. The City or a private contractor under contract with the City may conduct remedial or corrective action on the project site or adjacent sites affected by project failure or to implement actions specified in an order to modify plans and permit. The City may charge applicant for all costs associated with correcting failures or remediating damage from the failures according to the order including but not limited to, materials, equipment, staff time and attorney's fees. If payment is not made within thirty (30) days, payment will be made from the applicant's financial security or, in the case where no permit was issued, payment will be assessed against the property. 6. Action Against Financial Security. In any of the following circumstances, the City shall use funds from the financial security to finance remedial work undertaken later by the City or a private contractor under contract to the City, and to reimburse the City for all direct costs including, but not limited to, staff time and attorney's fees. a. The applicant ceases land -disturbing activities and/or filling activities prior to completion of the Stormwater Management Plan. b. The applicant fails to conform to the Stormwater Management Plan as approved or as modified under this Code, and has had his/her permit revoked under this Code. c. The techniques utilized under the Stormwater Management Plan fail within one (1) year of installation, or before final stabilization is implemented for the site or portions of the site, whichever is later. d. The Administrator determines that action by the City is necessary to prevent excessive erosion from occurring on the site e. The applicant fails to establish wetland buffers as described in the stormwater permit. 7. Misdemeanor Violation. Any violation of the provisions of this ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. 8. Cumulative Enforcement. The procedures for enforcement of a permit, as set forth in this ordinance, are cumulative and not exclusive. Subdivision S. General Performance Standards A. Lowest Floor Elevation. The lowest floor elevation of all new principal and accessory structures, and additions to existing structures, shall be at least two feet above the calculated high water level of adjacent wetlands, basins, ponds, and stormwater management facilities, or be structurally flood proofed in accordance with Section 11.60 of the City Code. Calculated high water levels shall be determined by the City based on the relevant federal, state, BCWMC, and City studies. B. Setbacks. New principal structures shall be setback 25 feet from the following features: 1. A delineated wetland edge 2. The top of bank of a pond, filtration basin, or infiltration basin, unless such a feature is incorporated into the architectural design of the building. C. Buffers. The creation of buffers of native and naturally existing shoreline vegetation on non -city property, is encouraged and supported by the City, consistent with the BCWMC's Watershed Management Plan and the City's Surface Water Management Plan. 2. Projects listed in the BCWMC document"Requirements for Improvements and Development Proposals" may be required to create buffers consistent with City standards and BCWMC policies. 3. The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City's Surface Water Management Plan. The Administrator may modify or waive standards depending on each project site and goals for the wetland. a. Buffer strips s should be a minimum of ten (10) feet in width beginning at the delineated wetland edge or top of bank of the stormwater management facility. The use of a meandering buffer strip to maintain a natural appearance is encouraged in areas of flat topography. b. An access corridor, not to exceed twenty (20) feet in width or twenty (20) percent of the buffer edge, whichever is less, is permitted. c. Accessory structures intended to provide access to wetlands such as stairways and docks are permitted in the access corridor. d. The buffer s#ai+ may be placed in a conservation easement TTICT e. Monuments identifying the conservation easement, designed in accordance with City standards, 4i-ai-1 should be placed every 100 feet to delineate the buffer edge and at intersections with property lines. Buffer strip vegetation s4- should be appropriate to the goals for the water body. Where acceptable natural vegetation exists in buffer strip areas, the retention of such vegetation in an undisturbed state is preferred. The Minnesota PCA's manual "Plants for Stormwater Design: Species Selection for the Upper Midwest" provides guidance on buffer plant selection. D. Maintenance of Private Stormwater Management Facilities. 1. No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with City and/or BCWMC and MCWD standards. All such facilities shall be inspected annually, with reports submitted to the City, and maintained in proper condition consistent with the performance standards for which they were originally designed. 2. Owners of private stormwater management facilities shall enter into an agreement with the City describing responsibility for the long-term operation and maintenance of the facilities. Subdivision 6. Stormwater and Urban Runoff Pollution Control A. Illegal Disposal. 1. Discarded Materials. No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in the City, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. 2. Landscape Debris. No person shall dispose of leaves, dirt, or other landscape debris into a street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance. B. Illegal Discharges and Illicit Connections. 1. No person shall cause any illegal discharge to enter the municipal stormwater system unless such discharge: consists of non-stormwater that is authorized by an NPDES point source permit obtained from the MPCA; or is associated with fire fighting activities. 2. is asseeiated with fire fighting activities. No person shall use an illicit connection to intentionally convey non-stormwater to the City stormwater system. C. Good Housekeeping Provisions. Any owner or occupant of property within the City shall comply with the following good housekeeping requirements: 1. Chemical or Septic Waste. No person shall leave, deposit, discharge, dump, or otherwise expose any chemical or septic waste in an area where discharge to streets or storm drain systems may occur. This section shall apply to both actual and potential discharges. For swimming pools, the chlorination system should be suspended for seven (7) days to allow for chlorine to evaporate before discharge to the owner's property or into the storm sewer system. 2. Runoff Minimized. Runoff of water from residential property shall be minimized to the maximum extent practicable. Runoff of water from the washing down of paved areas in commercial or industrial property is prohibited unless necessary for health or safety purposes and not in violation of any other provision of the City's Code. 3. Storage of Materials, Machinery, and Equipment. Materials or equipment shall be stored to limit risk of contamination by runoff. a. Objects, such as motor vehicle parts, containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. b. Any machinery or equipment which is to be repaired or maintained in areas susceptible to runoff shall be placed in a confined area to contain leaks, spills, or discharges D. Removal of Debris and Residue. 1. All motor vehicle parking lots located in areas susceptible to runoff shall be kept clean of debris and residues. Such debris and residue shall be collected and disposed of in accordance with law. 2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which are located in an area susceptible to runoff, shall be removed as soon as possible and disposed of properly. Household hazardous waste may be disposed of through the County collection program or at any other appropriate disposal site and shall not be placed in a trash container. Subdivision 7. Responsibility for Stormwater Drainage on Private Property A. Responsibility. Property owners are responsible for stormwater drainage on private property. The City assumes responsibility for drainage when stormwater runoff enters the City's right-of-way or storm sewer system. B. Technical Assistance. Upon written request, the City may provide technical assistance to investigate or correct a drainage problem on private property. C. Petition. Property owners may petition the City for public improvements to correct a drainage problem on private property. D. Costs. Property owners are responsible for paying all costs associated with correcting drainage problems on private property including City staff time, consultant costs, legal fees, and design and construction costs. E. Assessment. Project costs will be assessed to each property contributing flow to the problem area in accordance with Minn. Statute 429 and pursuant to the City's Assessment policy. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 5th day of January, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk SUMMARY OF ORDINANCE NO. 428, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.31, Regarding Grading, Drainage and Erosion Control (Stormwater Management) The City Council for the City of Golden Valley herby ordains as follows: Section 1. Chapter 4, Section 4.31 of the City Code was amended by changing the title to Stormwater Management, amending the statutory authority, findings and purpose and: 1) Establishing that the ordinance does not modify or repeal any other ordinance, rule or provision of law and that it applies to all water entering the City's stormwater system; 2) Adding or amending definitions for Applicant, Bassett Creek Water Management Commission, Best Management Practices, Borrow, Calculated High Water Level, Final Stabilization, Floodplain, Illicit Connections, Land Disturbance or Land - disturbing Activities, Minnehaha Creek Watershed District, National Pollution Discharge Elimination System, Permanent Cover, Permit, Permittee, Regional Flood, Stabilized, Storm Water, Stormwater Management Plan (Replaces Grading, Drainage and Erosion Control Plan), Stormwater Management System, Stormwater Pollution Prevention Plan, Sump Discharge, Surface Waters, Temporary Erosion Protection, and Wetlands; 3) Establishing Permit Authority for Land Disturbing Activities, better describing land -disturbing activities that require a permit, establishing permit review, security requirements and approval process, requiring copies of permits to other jurisdictions to be submitted to the City, providing for enforcement to ensure compliance, providing for right-of-way entry to administer and enforce permit and amending applicant responsibilities and application submittals for stormwater management permits; 4) Establishing performance standards for lowest floor elevation, setbacks, and buffers related to shoreline management and encouraging shoreline vegetative buffers on non -city land; 5) Establishing standards that prohibit illegal disposal or discharge to the municipal stormwater system and amending provisions related to release of swimming pool water onto property or into the storm sewer system; 6) Adding a provision on responsibility for stormwater drainage on private property Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 5th day of January, 2010. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk Golden galley Memorandum City Administration/Council 763-593-8006 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 6. A. 1. Reset Meeting Dates Prepared By Judy Nally, Administrative Assistant Summary Each year the City Council reviews the calendar and resets meeting dates if there are any conflicts. Listed below are the meeting dates that need to be reset: City Council Meeting: February 2 - Precinct Caucus April 6 - Pesach (Passover) August 3 - National Night Out November 2 Election Day Recommended Action Motion to reset the following meeting dates: February 2 to Wednesday, February 3 April 6 to Wednesday, April 7 August 3 to Wednesday, August 4 November 2 to Wednesday, November 3 Golden Va11ey Memorandum Council 763-593-3990 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 6. C. 1. Council Appointment - Assistant Weed Inspector Prepared By Linda Loomis, Mayor Summary Assistant Weed Inspector This Inspector is appointed annually by the Mayor and is not subject to Council confirmation. I appoint Ron Hammer, Park Maintenance Supervisor, as the Assistant Weed Inspector. Recommended Action Mayor Loomis will appoint Ron Hammer as the Assistant Weed Inspector for a one year term. citv Golden Vallv�PAT Memorandum City Administration/Council 763-593-8014 / 763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting January 5, 2010 Agenda Item 6. C. 2. Council Appointment - Housing and Redevelopment Authority Commissioners Prepared By Jeanne Andre, Assistant City Manager Summary State Statutes allow the City Council to appoint its members as Commissioners of the Housing and Redevelopment Authority. Recommended Action Motion to appoint the following City Council Members as Commissioners of the Housing and Redevelopment Authority, with terms concurrent with tenure on the City Council: Paula Pentel DeDe Scanlon