02-03-10 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Wednesday, February 3, 2010
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER
A. Roll Call
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 - December 15, 2009
B. Approval of Check Register
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - Kenwood
Community School Parent-Teacher Association
2. Gambling License Exemption and Waiver of Notice Requirement - Minneapolis
Jewish Federation
D. Minutes of Boards and Commissions:
1. Planning Commission - January 11, 2010
E. Authorization to Sign Amended and Restated Joint and Cooperative Agreement for
Leasing of Self-Contained Breathing Apparatus 10-10
F. Authorizing Issuance of Certificates of Indebtedness -Purchase of Golf Carts -
Brookview Golf Course Fund 10-11
G. Approval of 2010 Legislative Policies
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - Ordinance #429 - Amending Section 11.03 and Section 11.21,
Subd. 11 (A)(1) and (E) Single Family Zoning District (R-1) Allowing Decks Location
within 30 Feet of Front Property Line
5. OLD BUSINESS
6. NEW BUSINESS
A. Announcements of Meetings
B. Mayor and Council Communications
7. ADJOURNMENT
01
Hey
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
February 3, 2010
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
February 3, 2010
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Kenwood
Community School Parent-Teacher Association
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 3D-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from Kenwood Community School Parent-Teacher Association requesting waiver of 3D
day waiting period (1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Kenwood Community School Parent-Teacher Association.
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
- conducts lawful gambling on five or fewer days, and
- awards less than $50,000 in prizes during a calendar year.
Page 1 of 2 7/09
Application fee
If a lication ostmarked or received:
less than 30 days more than 30 days
before the event before the event
$100 $50
ORGANIZATION INFORMATION
Check #
$
Organization name
~iAD~ ~V\'\rY\lX\"
Previous gambling permit number
S~ P~-lt.a.-~,. ~~OL\~I~
Type of nonprofit organization. Check ne.
D Fraternal D Religious D Veterans 'l':Z:] Other nonprofit organization
Mailing address City. State Zip Code
f'L(\(\ ~ ~
Name of chief executive officer (CEO)
M~'\tkw ~
Pm)
County
ZDI
<'\ I(\. 6 \
Daytime phone number
fY1(\)
55 '-(0 s
II\..
Email address
LLaI~)Ub5 - 'Ll-z..S
M<M--m. ~ rY\OC. Q)ty1
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
D
Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
. Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
D
IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
D IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
~~ ~I(~'~ L101f' ~ hrL1'Lo.-L<- ~(Y\
Address (do not use PO box) City 0b~ V~ U~~iP Code
13'bl I ~ W\({V\ p~C 'S4tL
Date(s) of activity (for raffles, indicate the date of the drawing)
Hi I (vb. 11 2.--0\ D
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
D Bingo* )(J Raffles D Paddlewheels* D Pull- Tabs* DTipboards*
County
~j
* Gambling equipment for pull-tabs, bingo paper, tipboards, and
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo
number selection devices may be borrowed from another organization
authorized to conduct bingo.
Also complete
Page 2 ofthis form.
Print Form f
To find a licensed distributor, go to www.gcb.state.mn.us and click on List
of Licensed Distributors, or call 651-639-4076.
LG220 Application for Exempt Permit
Page 2 of 2
7/09
If the gambling premises is within city limits,
a city official must check the action that the city is
taking on this application and sign the application.
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is located in a township, a
county official must check the action that the county is taking
on this application and sign the application.
A township official is not required to sign the application.
.KThe application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1 st class city).
_The application is denied.
Print city name fOp I d f n 1/ q //'-4f
On behalf of the city, I acknowledge this application.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county official receiving application
Title
Date~~_
(Optional) TOWNSHIP: On behalf of the township, I
acknowledge that the organization is applying for exempted gambling
activity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title
Date _1,.---1_
The information provided in this application is complete and accurate to the
fin.ancial rep~rt will ~e com~/eted an~th~thin 30 dayfo.f th
Chief executive officer's slgnatureY~ '
of my knowledge. I acknowledge that the
date of our gambling activity.
Date I-~ -10
Complete a separate application for each gambing activity:
- one day of gambling activity,
- two or more consecutive days of gambling activity,
- each day a raffle drawing is held
Send application with:
- a copy of your proof of nonprofit status, and
- application fee for each event.
Make check payable to "State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Financial report and record keeping required
A financial report form and instructions will be sent with
your permit, or use the online fill-in form available at
www.gcb.state.mn.us. Within 30 days of the activity date,
complete and return the financial report form to the
Gambling Control Board.
Questions?
Call the Licensing Section of the Gambling Control
Board at 651-639-4076.
I' prlntFor{i1',1
I' Reset Form
Data privacy. This form will be made available
in alternative format (i.e. large print, Braille)
upon request. The information requested on
this form (and any attachments) will be used by
the Gambling Control Board (Board) to
determine your qualifications to be involved in
lawful gambling activities in Minnesota. You
have the right to refuse to supply the
information requested; however, if you refuse to
supply this information, the Board may not be
able to determine your qualifications and, as a
consequence, may refuse to issue you a permit.
If you supply the information requested,
the Board will be able to process your
application. Your name and and your
organization's name and address will be public
information when received by the Board. All
the other information you provide will be private
data until the Board issues your permit. When
the Board issues your permit, all of the
information provided to the Board will become
public. If the Board does not issue a permit, all
information provided remains private, with the
exception of your name and your organization's
name and address which will remain public.
Private data are available to: Board members,
Board staff whose work requires access to the
information; Minnesota's Department of Public
Safety; Attorney General; Commissioners of
Administration, Finance, and Revenue;
Legislative Auditor, national and intemational
gambling regulatory agencies; anyone pursuant
to court order; other individuals and agencies
that are specifically authorized by state or
federal law to have access to the information;
individuals and agencies for which law or legal
order authorizes a new use or sharing of
information after this Notice was given; and
anyone with your consent.
01/29/2010 FRI 6:34 FAX 612 668 2770 KENWOOD ELEMENTARY
~ 0011001
SPECIAL SCHOOl. OISTRIGT NO. 1
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PUBLIC SCHOOLS
AN EQUAL OPPDRT/lNlTY SCHOOL DISrnICr
KENWOOD ELEMENTARY SCHOOL
2013 Penn Avenue South
Minneapolis, Minnesota 55405.2497
Telephone (612}668-276Q
FAX; (612) 668.2770
January 29,2010
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
VIA FACSIMILE (763)593-8109
Dear Ms. Nally:
The Kenwood Elementary School PTA will host its annual silent and live auction
event at the Chalet at Theodore With Park (1302 Theodore Wirth Parkway, Golden
Valley) Friday, February 19, 2010. We are requesting permission to hold a raffle at
this event and respectfully request that the City Council waive the customary 30-day
waiting period for the exemption for lawful gambling required for this event. Delays
in our planning process are solely to blame for our group missing the 3D-day
deadline.
Thank you for your consideration.
Sincerely,
~\Cu~~J~~
Nicole Y. Valti e
Kenwood EI ntary School PT A Board Member
2010 PTAAuction Event Facilitator
Hey
nd
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
February 3, 2010
Agenda Item
3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Minneapolis
Jewish Federation
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from Minneapolis Jewish Federation requesting waiver of 30 day waiting period (1
page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Minneapolis Jewish Federation.
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
- conducts lawful gambling on five or fewer days. and
- awards less than $50,000 in prizes during a calendar year.
.j 9;~~~~J~~I:tJ~~,~il:',~I~'
Organization name
\\.J\ \ Y"\ ~~c;\.J~:::::n::>\ \ c::==.
Type of nonprofit organization. Check one.
D Fraternal D Rel,lgious Dveterans IZl Other nOf!protit organization
Malling address City State Zip Code
'.~ \ DO '~ .~ ~\J J . ':::s\c 2ei) M IV) Y\~
Name of chief executive officer (CEO) Daytime phone number Email address
D~\.0CA.. ~ ~~"'" OJ c;."'2- L\ \1 - .~~Oje..\~ ~ H
:i~~~~:,:'" ';;~:;'":"'C't~~~,~~l~~~~~',~~~~\;;!,,;;~,:;l;," .
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
O Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Dlv., 180 State Office Building, S1. Paul, MN 55155 Phone: 651-296-2803
glRS Income tax exemption [601(c)) letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
. Previous gambling permit number k '\
~~'"'S.''' ~~~ f"oJ}A
~~~=:l::e:!~:~:~~~~~Z~I;!~:~!~~u~{tci;r~ffies;:;li8fth~ site' wh~retfftl'" rawing'\MII'takepjaee)" ,"" .
~\~~ \='0\ ~ba...J,\VOD\-'\ -q- a~b
Address (do not use PO box) . Ii City. ~o t-f) t!iiJ ;ounty
L\\eo W L-~~\'-.Jd. V.4t-U'f CSSL\\6 ~ I~
Date( s) of activity (for raffies, indicate the date of the drawing)
X===:-e.-\oY0 b~) '2-J[)\D
heck the box or boxes that indica e the type of gambling activity your organization will conduct:
o Bingo* pJ Raffles 0 Paddlewheels* 0 Pull-Tabs. 0 Tipboards.
* Gambling equipment for pull-tabs, bingo paper, tipboards, and
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo
number selection devIces may be borrowed from another organization
authorized to conduct bingo.
o
IRS. Affillata of national, statewide, or International parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
D
IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
Also complete
Page 2 of this form.
To find a licensed distributor, go to www.gcb.state.mn.us and dick on list
of Licensed Distributors, or call 651-639-4076.
!jillITj'i'H'/Kt<l\"'HJ"J'8lllUUI
RIlti1~~~~IJlt!j!llil
-
s-
~~,
o~
LG220 Application for Exempt Permit
(':U~~I~~iQ,~I:n~~Jj:!,~~~I;_~~J0~ti4'1~~'KN~Wi:j;j;t41~M'e.N;r.i:~Ji;:;;:,
If the gambling premlsesiswlthlii city Iimlts,lftl1e gambling premises is located lna tOwnship, a
a city official must check the action that the city is county official must check the action that the county is taking
taking on this application and sign the application. on this application and sign the application.
A township official Is not required to sign the application.
...J:,tS application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1st class city).
_The application is denied.
&dldellVttl
Print city name
On behelf of the city, I acknowledge this rppHcation.
~#2f{lttJ
Page 2 of2
1/10
_The application is acknowledged with no waiting period.
_The application Is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
"t county name
, un behalf of the county, I acknowledge this application.
Signature of county official receiving application
Title
Date
I
I
(Optional) TOWNSHIP: On behalf of the township, I
..vledge that the organization is applying for exempted gambling
__L. .Ity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota statute 349.166))
Print township name
Signature of township official acknowledging application
Title Date_/~_
! .~tlll:.~;;~~.QPT'VI;.Q~.~'P:l;t~~~l;J."N~rVJ~~~[:~'5'::;"1":, i~'+;;F!~;f:.::\.
The information provided in tMs application is complete and accurate to the best of my knowledge. I aCknowledge that the
financial report wiJJ be completed and returned t the Board within 30 days of the date of our gambling activity_ .
Chief executive officer's signature V / 3-..... . Date
Complete a separate application for a
- one day of gambling activity,
- two or more consecutive days of g
- each day a raffle drawing is held
Send application with:
. a copy of your proof of nonprofit status, and
. application fee for each event.
Make check payable to "State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Financial report and record keeping required
A financial report form and instructions will be sent with
your permit, or use the online fill-In form available at
WWW.9cb.state.mn.us. Within 30 days of the activity date,
complete and return the financial report form to the
Gambling Control Board.
Questions?
Call the Licensing SecUon of the Gambling Control
Board at 651-639-4076.
--
1I~~1IIJ!~'r(tj'rH~iIHTIlrn
"Hfu!m.!~J1EHIslliJ1;;'HJJ{]lJI;lll
This form will be made available In altemative the B~a~ wi!1 be able to process your .
format (I.e. large print, Braille) upon request. organization s ap~tlon. Your organization &
Data privacy notice:The Information requesled name and addrells Will be publiC Information
on this form (and any attachments) will be used ~hen received b.y the ~oard. All other .
by the Gambling Control Board (Board) to Information prOVided Will be private data until
determine your organization's qualifications to !he Board i&sue~ the permit. Vllhen ~e Board
be involved in lawful gambling activities In Issues the ~nmt, all information prOVided will
Minnesota. Your organization has the right to become p~bllC. If the Board does not issue a
refuse to supply the information requested; ~rmil, all Information provided remain~ private,
however, If your organization refuses to supply with the exception of your organization s. neme
this information, the Board may not be able to and address.whlch Will remain public. Private
determine your organization's qualifications data are available to:. Board members, Board
and. as a consequence, may refuse to issue a staff whose work requires access to the
permil. If you supply the Information requested.
information; Minnesota's Department of
Public Safety; Attorney General;
Commissioners of Administration, Minnesota
Management & Budget, and Revenue;
Legislative Auditor, national and intemational
gambling regulatory agencies: anyone pursuant
to court order; olher Individuals and agencies
speciflC8lly authorized by state or federal law to
have aCC8$S to the informalion; individuals and
agencies for which law or legal order authorizes
a new use or sharing of Information after this
Notice was given; and anyone with your written
consent.
President
Kris MacDonald'
President-Elect
Jerry Ribnick'
Board of Directors
Cindi Tarshis Appelman'
Amy Baratz*
Robert Barrows
Michael Barry'
Mike Berman
Genya Buslovich
Doreen Frankel'
Heidi Geller'
Rabbi Sim Glaser
Steve Gottlieb'
Jake Hurwitz'
Robert Kelen'
Linda Ketover
Dan Kutoff
Susan Krantz Lazar
Darren Lederfine'
Beth Kieffer Leonard'
Ray Levi
Sandra Lynn
Gil Mann
Robin Neidor!
David Orbuch'
Jerry Ribnick'
David Segal
Jerel Shapiro'
Sara Simpser
Steven Snyder
Dick Spiegel
Bobby Swiller
Howard Zack
*Executive Committee
Chief Executive Officer
Joshua M. Fogelson
Partner Agencies and Programs
American Jewish Joint
Distribution Committee
Bais Yaakov High School
Bet Shalom
Congregational School
B'nai B'rith Youth Organization I
North Star Region
Booth Manor Project
Camp Scholarship Fund
Family and Parenting Center
Heilicher Minneapolis Jewish Day School
Hillel: Foundation for Jewish
Campus Life
Immigrant and Refugee Services
Israel Program Center
. Alexander Muss High School in Israel
. Minneapolis Shaliach Program
. Israel Programs Scholarships
Jewish Agency for Israel
Jewish Community Education Services
Jewish Community Relations Council
of Minnesota and the Dakotas
Jewish Family & Children's Service
Jewish Historical Society
of the Upper Midwest
Minneapolis Jewish Community
Inclusion Program for People
with Disabilities
National Agencies (10)
Partnership: Minneapolis-Israel
Rimon: The Minnesota Jewish Arts Council
Sabes Jewish Community Center
Sha'arim
Shir Tikvah Congregational Schooi
Sholom Community Alliance
Talmud Torah of Minneapolis
Temple Israel Congregational School
Torah Academy
Twin Cities Government Affairs Program
January 29,2010
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Judy,
The Young Leadership Division ofthe Minneapolis Jewish Federation will
host a fundraising event at the Metropolitan Ballroom and Club on Saturday,
February 6th, 2010. We are requesting permission to hold a raffle at this event
and respectfully request the City Council waive the customary 30-day waiting
period for the exemption for lawful gambling permit required for this type of
event.
Thank you for your consideration.
Sincerely,
B~d-,
Barbara L. Adelman
Young Leadership Campaign Associate
952-417-2347
bade1man(2V,mplsfed.org
BAlrej
13100 Wayzata Boulevard, Suite 200 Minnetonka, Minnesota 55305 T 952.593.2600 F 952.593.2544 www.jewishminnesota.org
Regular Meeting of the
Golden Valley Planning Commission
January 11, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
January 11, 2010. Chair Keysser called the meeting to order at 7:05 pm.
Those present were Planning Commissioners Eck, Keysser, Schmidgall and Waldhauser.
Also present was Director of Planning and Development Mark Grimes, City Planner Joe
Hogeboom and Administrative Assistant Lisa Wittman. Commissioners Cera, Kluchka and
McCarty were absent.
1. Approval of Minutes
November 9, 2009 Joint Planning Commission/City Council Meeting
Eck referred to the last sentence on page two and stated the word "need" should be
changed to "needs".
MOVED by Eck, seconded by Waldhauser and motion carried un~nimously to approve the
November 9,2009 minutes with the above noted correction.
November 23, 2009 Regular Planning Commission Meeting
Eck referred to the last sentence on page 10 and stated the word "to" should be changed to
t,he word "from".
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve the
November 23, 2009 minutes with the above noted correction.
2. Informal Public Hearing - Conditional Use Permit Amendment #1 -
850 Florida Avenue South - CU-95
Applicant: 3rd Lair Skatepark, Mark Muller
Address: 850 Florida Avenue South
Purpose: To allow for the existing skate park to be open 24 hours a day, 7 days a
week for special events
Hogeboom explained the applicant's request to amend their existing Conditional Use
Permit (CUP) to allow them to be open 24 hours a day for special events and to reduce
their required number of parking spaces from 50 spaces to 5 spaces in the summer and 25
spaces in the winter.
He referred to Police Chief Altonen's memo included in the agenda packet and discussed
some of her concerns regarding crowd control and safety.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 2
He stated that in regard to the request for fewer parking spaces planning staff realizes that
the current requirement of 50 spaces may be too much, so staff is recommending the
applicant have 25 parking spaces available year-round. He referred to his memo and
discussed the recommended conditions of approval which include: providing a screened
dumpster, complying with the American with Disabilities Act by providing adequate
handicapped-accessible parking and providing 25 striped parking spaces.
Keysser asked how many parking spaces the applicant has currently. Hogeboom said he
wasn't sure but he doesn't think they have the 50 spaces they are required to have.
Keysser asked if the applicant meets the conditions in their current CUP and with Fire
Department requirements. Hogeboom said they are not in compliance with their existing
CUP and he thinks there have been on-going issues with the Fire Department
requirements.
Eck referred to a site plan of the property and asked for clarification regarding the number
of parking spaces shown on the plan. Grimes explained that in the past, the applicant's
demand for parking has decreased in the summer months. He stated that there have been
various issues regarding outdoor storage, parking, signage and the overnight events being
held without permission, and that the applicant has been asked to address these issues.
Eck asked if there have ever been the required 50 designated parking spaces on this
property. Grimes said yes, originally there were 50 parking spaces and that over time skate
board ramps have taken over several of the parking spaces.
Mark Muller, Applicant, introduced his business partners Matt Parrish and Mark Rodriguez.
He referred to the Deputy Fire Marshal's memo and stated that all of conditions listed in his
memo have been met. He stated that he has had a code analysis done and life safety
issues are being met. He explained that their total occupancy load is 494 and that Deputy
Fire Marshal, Ed Anderson, wants each separate area to have occupancy load signs
posted, which he is willing to do.
Muller gave a history of his business and stated that they are proud of their history, their
ability to provide a safe environment and how their presence has added to Golden Valley.
He stated that over the past few years their admissions have been lower so their special
events and "all-nighters" have become increasingly important. He stated that they have
been hosting "all-nighters" approximately 6 to 8 times per year for 13 years. He explained
that approximately 50 to 75 kids attend the "all-nighters". The kids are dropped off by their
parents and the doors are locked so the kids cannot come and go as they please, however
parents are allowed to pick their child up during the night if they wish.
Schmidgall asked when the "all-nighters" occur. Muller stated they occur on Saturday
nights starting at 9 pm and ending at 7 am on Sunday mornings. He stated that they
occasionally have parents that stay with their children or volunteer at the events. He noted
that a new form of revenue for them has been to rent out their facility for industry events
and photo shoots. He said he understands that they need better safety implemented but
they are proud of their safety record. He added that he would like to have a minimum of 20
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 3
"all-nighters" per year. Muller referred to Police Chief Altonen's memo and stated that he
thinks she is misinformed and doesn't seem to understand that these events are for kids,
are completely staffed and are drug and alcohol free.
Schmidgall asked Muller if he would have any objection to giving the Police Chief 30 days
notice of the all night events. Muller said he would have no objection to giving her
notification and in fact she currently receives notification of the "all-nighters". He explained
that the all night events are planned months in advance and are posted on the 3rd Lair
website and sent to a bulk emaillist.
Eck said he doesn't see anything in the existing CUP that gives the applicant permission to
have the all night events. Muller stated that the all night events have been a part of his
business plan since the beginning and it is his understanding that he is allowed to have the
all night events. Keysser noted that the CUP is very clear about what is allowed and that
the issues in the Police Chief's memo are valid concerns that could cause significant risk.
Grimes explained that staff heard about an all night event held last September and that the
applicant was allowed to have his special event that one time. Schmidgall noted that that if
the applicant has been having the all night events since he moved to his Golden Valley
location that means there have been 40 to 50 events up to this point. Muller agreed that
some of the Police Chief's concerns are valid and reiterated that it was his understanding
that he could hold the all night events as he's been doing. Eck asked Muller where he got
his understanding that he could have all night events. Muller reiterated that the all night
events have always been a part of his business plan. Grimes explained that the all night
events may have been part of the applicant's business plan, but they have never been a
part of the Conditional Use Permit.
Keysser referred to Deputy Fire Marshal Ed Anderson's concerns and asked Muller to
address them one by one. Muller referred to Anderson's first comment regarding an
occupancy capacity calculation and explained that they had a code analysis done in 2002.
Muller referred to Anderson's second comment regarding outdoor occupancy and
explained that this is a new requirement and he will address the issue. Muller referred to
Anderson's third comment regarding egress and explained that egress issues were
addressed when the original Conditional Use Permit was obtained and that no egresses or
walkways have changed at all. Muller referred to Anderson's fourth and fifth comments
regarding fire code regulations and annual fire alarm and fire suppression system
inspections and stated that Anderson receives annual reports as requested. Muller referred
to the issue of obtaining a food license and explained that he receives a temporary special
event food license every time he has an event and he is not required to have a permanent
food license.
Muller stated that life safety issues are his number one issue. He discussed the safety
procedures followed during his all night events including requiring waiver forms, safety gear
and emergency contact information for every child.
Schmidgall asked about the age of the children at the all night events. Muller stated that the
average age child at an "all-nighter" is 8 to 12 years old. He added that if the child is
younger the parents typically stay at the event with them.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 4
Muller referred to his proposal regarding the reduction of parking spaces. He stated that
over the last 7 years the designated parking spaces have decreased in response to their
customer's needs. He said that during past summer months there would be kids skating in
the parking lot which wasn't safe so they determined the safest and best use would be to
turn some of the existing unused parking spaces into an attraction and an area for more
outdoor skating space. He explained that there is an agreement with the City in place that
allows Golden Valley residents to use the outdoor skating area free of charge during the
summer months.
Keysser asked if there was permission granted by the City to take away 25 of the existing
parking spaces. Muller said no and added that the outdoor skating area just evolved due to
the result of kids dragging the ramps into the parking areas and kids wanting to skate
outside during the summer. He stated that he doesn't want to change the outdoor skating
area back into parking spaces because it is a benefit to their business and to Golden
Valley. He added that he has talked to the neighboring property owner to the east about
renting some of their parking spaces if they are needed or required. Eck said he doesn't
understand why the applicant needs to rent parking spaces and yet he is asking to reduce
the required amount of parking spaces. Mark Rodriguez, Muller's business partner,
explained that they would only need to rent parking spaces for large events and if the City
requires them to have 25 parking spaces all year long as opposed to having 5 spaces in
the summer and 25 spaces in the winter as requested. Schmidgall questioned how the
parking requirements went from 50 spaces to 25 spaces. Grimes explained that there were
no parking requirements in place regarding this type of use when lit was originally approved
and 50 spaces seemed reasonable at the time. He stated that 25 spaces seem to be
working well and he feels 25 year-round parking spaces now seem reasonable.
Schmidgall referred to the letter submitted by the property owner to the north. Muller said to
his knowledge there has never been anyone towed from the parking lot to the north. He
stated that there are signs posted in that lot that say "No 3rd Lair parking". Rodriguez stated
that he thinks the issues with the property to the north occur when there are events at 3rd
Lair. He explained that they tell their customers, and make announcements at their events,
letting customers know that they should not park in the lot to the north. Muller said he
agrees that the property owner to the north should tow cars if they are parking in his lot.
Grimes stated that he is concerned about the location and screening of the dumpster, the
handicap access parking spaces being blocked with picnic tables and about there being
enough room for emergency vehicles to access the site with the way cars have been
parking. He stated that he has spoken with the applicant in the past about these issues and
he would like them to be addressed. Schmidgall asked if there are handicapped parking
signs posted. Muller said yes.
Keysser suggested that the applicants have a meeting with staff to discuss the issues that
have been raised. Muller stated that he has spoken with the Deputy Fire Marshal, but that
the Police Chief has not agreed to meet with them. Hogeboom said he would work on
getting a meeting set up.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 5
Muller showed the Commissioners some video clips of a previous "all-nighter". Waldhauser
asked if the likelihood of injuries goes up when the kids are up all night skating. Rodriguez
said no, there haven't been more injuries during the all night events.
Keysser opened the public hearing.
Mark Rodriquez stated that he has skated at 3rd Lair since 1997. He said he appreciates
the Planning Commission listening to their proposal and he understands that some rules
have been broken based on their ignorance, but he hopes the City will see what they do as
beneficial because most property owners don't want skateboarders destroying their
property. He stated that the impact of their business on these kids is huge and he hopes
the City understands that. He added that they do their best to keep their ramps maintained
and that their skate park is one of the best in the state. He added that they are going to do
everything they can to satisfy any issues or concerns.
Seeing and hearing no one else wishing to comment, Keysser closed the public hearing.
Eck stated he thinks the applicants provide a service and are trying to do a good job but it
seems that there are enough issues with this proposal that he would like to have police and
fire representation at a meeting or at least have something in writing from them because
Mr. Muller has said that he has met the police and fire requirements.
Waldhauser said she is not sure if staff's concerns are boilerplate issues or genuine
concerns regarding this use. She said the Planning Commission ~oesn't typically look
favorably on businesses that don't comply with the conditions in t~eir permits but she thinks
this is a good activity to have in Golden Valley for this particular age group. She said 3rd
Lair is an asset to the community and she wants it to be safe and successful so it is
unfortunate that there are so many outstanding issues. She said she gives the owners the
benefit of the doubt in not knowing what was required of them, but she is concerned about
the Police Chief's issues and would support this request with the Police Chief's conditions.
Grimes reiterated his concerns about the parking issues and would like to see staff's
concerns addressed before this proposal is approved. Keysser said he appreciates the
applicants wanting outdoor space for their ramps and asked Grimes what he sees as a
compromise. Grimes stated that there can't be items stored in required parking spaces and
he wants to make sure all of the safety requirements are met. He said he is not sure where
the discrepancy between the applicant and the Deputy Fire Marshal is because he talked
with the Deputy Fire Marshal last week and was told that the issues in his memo still need
to be addressed but the applicant is saying that the items have already been addressed.
He said he has to listen to staff and go with staff's recommendations.
Keysser agreed that there are some unanswered questions and suggested tabling the item
to clear up some of the ambiguous issues. Waldhauser suggested that the applicants also
get a parking plan with the neighboring property in place too.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 6
Schmidgall agreed that there are too many loose ends in this proposal. Eck said he doesn't
think anyone on the Commission is questioning the applicant's desire to do a good job they
just need to get some clarification.
Hogeboom reiterated that he would start working on setting up a meeting with staff and the
applicants.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to table the
applicant's request.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
4. Other Business
No other business was discussed.
5. Adjournment
The meeting was adjourned at 8:41 pm.
Lester Eck, Secretary
hlley
mo u
Fire Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City City Council
February 3, 2010
Agenda Item
3. E. Authorization to Sign Amended and Restated Joint and Cooperative Agreement for
Leasing of Self-Contained Breathing Apparatus
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
Hennepin County Fire Chiefs Association has amended the Joint and Cooperative
Agreement for Leasing of Self-Contained Breathing Apparatus (SCBA), approved by the City
Council on May 20,2008. The amended agreement provides for pur~hasing or leasing SCBA
equipment. The new agreement also includes the cities that have aRproved the agreement.
Currently, each fire department in Hennepin County purchases SCBA's from one of several
manufacturers. SCBA technology changes rapidly and it has become very expensive to
maintain equipment that meets national safety standards. The lease or purchase program
through the Joint and Cooperative Agreement would have one manufacturer provide SCBA's
to all of the fire departments following a sealed bid process in compliance with Minnesota
State Statutes. Advantages of leasing or purchasing SCBA's through this cooperative
agreement include interoperability, technological safety improvements, maintenance and
larger purchasing power. The City Attorney has reviewed the amended agreement.
Attachments
Amended and Restated Joint and Cooperative Agreement for Leasing and Use of Self.
Contained Breathing Apparatus (SCBA) (4 pages)
Resolution Authorizing Entering Into Amended and Restated Joint and Cooperative
Agreement for Leasing and Use of Self-Contained Breathing Apparatus (SCBA) (1 page)
Recommended Action
Motion to adopt Resolution Authorizing Entering Into Amended and Restated Joint and
Cooperative Agreement for Leasing and Use of Self-Contained Breathing Apparatus (SCBA).
AMENDED AND RESTATED
JOINT AND COOPERATIVE AGREEMENT
FOR THE ACQUISITION AND USE OF SCBA
1. Purpose
This Agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the
joint and cooperative exercise of governmental powers common to contracting parties.
The intent of this Agreement is to make available self-contained breathing apparatus
(SCBA) to the governmental agencies who are parties to this Agreement either through
purchase or lease. This Agreement replaces and rescinds the prior agreement between
the parties that provided for only the leasing of SCBA.
2. Parties
The parties to this Agreement are the cities of Bloomington, Eden Prairie, Edina, Golden
Valley, Hopkins, Minnetonka, Mound, Saint Louis Park and Wayzata, and the Excelsior
Fire District and West Metro Fire-Rescue District. Additional governmental agencies
may become parties to this Agreement by adopting a resolution approving this
Agreement and sending an original execution page and a certified copy of the resolution
to the secretary of the Operating Committee established below. The secretary of the
Operating Committee must maintain a current list of the parties to this Agreement and
must notify the contact person for each party whenever there is a change in the parties
to this Agreement.
3. Operating Committee
3.1. Creation
There will be an Operating Committee (the "Committee") to administer this Agreement.
The Committee will consist of one representative appointed by each of the parties to the
Agreement. In the absence of a specific appointment, a party's representative will be its
fire chief. Each member of the Committee is entitled to one vote.
3.2. Procedural Rules
The Committee must adopt procedural rules to govern its operations.
Amended and Restated SCBA Joint Agreement
Page 2
3.3. Officers
The Committee will select from its members a chair to conduct meetings, a vice-chair to
act in the place of the chair, and a secretary to keep the records of the Committee.
3.4. Powers, Duties
The Committee has the authority and responsibility to administer this Agreement on
behalf of the parties and to take all necessary actions allowed by law to implement its
terms.
4. Procedures For SCBA
4.1. Acquisition of SCBA
The Committee will take all action necessary for obtaining a contract for the purchase or
lease of SCBA by its members. The Committee will comply with the Municipal
Contracting Law, including the preparation of specifications and request for proposals.
The Committee will designate one of the member parties to act as the lead agency for
selecting the contractor, based on the recommendation of the Committee.
4.2. Contract Terms
The contract with the selected contractor (the "Contract") must provide that each party
to this Agreement will order SCBA directly from the contractor and make payments
directly to the contractor. No party will have any responsibility for paying for the SCBA
ordered by any other party. The Contract must include an option for the contractor
maintain and certify the SCBA. The Contract must provide the terms of payment to the
contractor for this service.
4.3. Rules for use of SCBA
The Committee will establish rules and procedures for the use of the SCBA by the
parties, including determining the responsibility for damage to, or loss of, the SCBA.
5. Responsibility for Employees
All persons engaged in the work to be performed by a party under this Agreement may
not be considered employees of any other party for any purpose, including worker's
compensation and other claims that mayor might arise out of the employment context
on behalf of the employees. All claims made by a third party as a result of any act or
omission of a party's employees while engaged on any of the work performed under this
Agreement are not the obligation or responsibility of any other party. Each party is
responsible for injuries or death of its own personnel. Each party will maintain workers'
Amended and Restated SCBA Joint Agreement
Page 3
compensation insurance or self-insurance coverage, covering its own personnel while
they are providing services under this Agreement. Each party waives the right to sue
any other party for any workers' compensation benefits paid to its own employee or
volunteer or their dependants, even if the injuries were caused wholly or partially by the
negligence of any other party or its officers, employees, or volunteers.
6. Indemnification
Each party agrees to defend, indemnify, and hold harmless the other parties against
any and all claims, liability, loss, damage, or expense arising under the provisions of this
Agreement and caused by or resulting from negligent acts or omissions of the party
and/or those of its employees or agents. Under no circumstances, however, may a party
be required to pay on behalf of itself and another party any amounts in excess of the
limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone
party. The limits of liability for two or more parties may not be added together to
determine the maximum amount of liability for one party. The intent of this paragraph is
to impose on each party a limited duty to defend and indemnify each other subject to
the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this
duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts
among the parties and to permit liability claims against both parties from a single
occurrence to be defended by a single attorney.
7. Duration
This agreement will be in force from the date of execution by all of the current parties to
the prior agreement and notification to the secretary of the Operating Committee. Any
party may withdraw from this Agreement upon 30 days written notice to the other party
or parties to the Agreement.
8. Execution
A separate execution page is provided for each party.
[Signature pages follow]
Execution Page for the
Amended and Restated
Joint and Cooperative Agreement
For the Acquisition and Use Of SBCA
The party listed below has read, agreed to and executed this Agreement on the date
indicated.
Date: February 3, 2010
Entity: City of Golden Valley
By
Linda R. Loomis, Mayor
And
Thomas D. Burt, City Manager
Resolution 10-10
February 3,2010
I
Member introduced the following resolution and moved its adoptioh:
RESOLUTION AUTHORIZING ENTERING INTO AMENDED AND
RESTATED JOINT AND COOPERATIVE AGREEMENT FOR
LEASING AND USE OF SELF-CONTAINED BREATHING APPARATUS (SCBA)
WHEREAS, Minnesota Statute 471.59 authorizes local units of government to enter
into Joint and Cooperative Agreements of governmental powers common to the contracting
parties. The intent of this agreement is to make available leased firefighting self-contained
breath apparatus to the City of Golden Valley.
NOW, THEREFORE BE IT RESOLVED that the Golden Valley City Council does
hereby approve the Amended and Restated Joint and Cooperative Agreement for the
purchase or leasing of self-contained breathing apparatus with cities and fire departments
from the Hennepin County Fire Chiefs Association.
NOW, BE IT FURTHER RESOLVED that the Mayor and City Manager are
authorized to execute said Amended and Restated Joint and Cooperative Agreement on
behalf of the City of Golden Valley.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
e 0 U
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
February 3, 2010
Agenda Item
3. F. Authorizing Issuance of Certificates of Indebtedness - Purchase of Golf Carts -
Brookview Golf Course Fund
Prepared By
Sue Virnig, Finance Director
Summary
At their meeting of January 19, 2010 the City Council approved the purchase of 60 golf carts
and the sale of 50 used golf carts to Yamaha Golf and Utility Inc. for $135,000. The following
quotes were taken for the lease and were used to set the terms of payment on the internal
certificate: Yamaha 7%, Wells Fargo 4.95% and BNC Bank-none.
Currently a three year treasury is at 1.45% and a 3-year Certificate of Deposit is at 2.33%.
Staff is recommending the following resolution be adopted so that the financing method
would be from the City's Investment Fund. The interest rate would be set at 3%. Payment
terms are shown in the resolution.
Attachments
Resolution Authorizing Issuance of Certificates of Indebtedness for the Purchase of Golf
Carts for Brookview Golf Course Fund (2 pages)
Recommended Action
Motion to adopt Resolution Authorizing Issuance of Certificates of Indebtedness for the
Purchase of Golf Carts for Brookview Golf Course Fund.
Resolution 10-11
February 3, 2010
Member
introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATE OF
INDEBTEDNESS FOR THE PURCHASE OF GOLF CARTS FOR
BROOKVIEW GOLF COURSE FUND
WHEREAS, the 2010-2014 Capital Improvement Program of the City of Golden Valley
calls for the issuance of a Certificate of Indebtedness in the principal amount of $135,000
for the purchase of 60 Golf Carts for Brookview Golf Course
WHEREAS, the market valuation of the City of Golden Valley for 2009 is estimated to
be $3,265,373,100 and the total principal amount of equipment certificate debt outstanding
after this issue is less than .25% of this market valuation, and
WHEREAS, the sale of the certificate to the Investment Fund of the City of Golden
Valley, Minnesota, upon the terms herein is in the best interests of the City of Golden
Valley and is in accordance with the provisions of Minnesota Statutes 410.32 and 412.301,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley
as follows:
1. The City shall issue a general obligation certificate of indebtedness in the principal
amount of $135,000 bearing an interest rate of (3.0) percent per annum. The
certificate shall be dated April 1 , 2010 with debt service payable to the Investment
Fund of the City of Golden Valley according to the following schedule:
Date
Principal
Interest
Total
04/01/2011
04/01/2012
04/01/2003
$45,000
$45,000
$45,000
$ 4,050
$2,700
$1,350
$49,050
$47,700
$46,350
2. The Investment Fund of the City of Golden Valley shall purchase the Certificate of
Indebtedness described in paragraph 1, above.
3. The certificate shall be executed on behalf of the City by the signatures of the Mayor
and City Manager and the official seal of the City shall be affixed hereto. The full
faith, credit and taxing powers of the City are hereby pledged for the full and prompt
payment of the principal and interest as they respectively fall due.
Resolution 10-11 - Continued
February 3, 2010
4. For the purpose of paying the debt service on the certificate, there is hereby a direct
payment from the operations of Brookview Golf Course Fund
Year
2011
2012
2013
Amount
$49,050
$47,700
$46,350
5. In the event that there is excess cash in the enterprise fund to prepay principal
and interest owing, nothing shall so prohibit this from occurring.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
M n
City Administration/Council
763-593-8014/763-593-8109 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
February 3, 2010
Agenda Item
3. G. Approval of 2010 Legislative Agenda
Prepared By
Jeanne Andre, Assistant City Manager
Summary
At the January Council/Manager Meeting the Council decided to focus its legislative agenda
on a few items. The attached City of Golden Valley 2010 Legislative Policies outlines the
issues and desired response for two issues, fiscal disparities and sanitary sewer inflow and
infiltration. It the document adequately addresses the Council concerns, it should be
approved.
Attachment
City of Golden Valley 2010 Legislative Policies (draft dated February 3) (2 pages)
Recommended Action
Motion to approve City of Golden Valley 2010 Legislative Policies.
Adopted by the City Council February 3, 2010
1. Fiscal Disparities
Issue
Since enacted in 1971 and implemented in 1975, Fiscal Disparities has required cities to share a
portion of their commercial and industrial tax base growth with other jurisdictions. The contri-
bution amount is based on the relative fiscal capacity of each community, which is measured by
the market value per capita, Because Golden Valley has a high fis apacity, it contributes more
to the pool than it receives. In 2010, Golden Valley will contr' ,826,466 in net tax capac-
ity.
In recent years, more commercial and industrial parcel
es. It may take a number of years to settle a petition,
revised for the contested year as well as up to two yea
disparities pool is based on valuation establish
count retroactive changes to the valuation that
pay the full amount of the credited adj ent t
credit for this payment in its future
et d for market value chang-
ling can allow valuations to be
e City's contribution to the fiscal
e pr ous year and does not take into ac-
'n the future. Therefore, the city must
etitioner's back taxes, but the city gets no
contributions.
For example, for taxes payable 20 taxable market values for commercial and indus-
trial properties were used to e i1 Valley's contribution to the fiscal disparities for-
mula. In 2010, Golden \T; cels petition to lower their valuations. Because Golden
Valley's contribution to t arities pool is based on the 2008 valuations, and because
future adjustments to those ~re not reflected in the current fiscal disparities formula,
Golden Valley would does not ee a credit due to loss of value even if the valuations are reduced
and it must credit the taxes paid.
Response
The City of Golden Valley supports revising the fiscal disparities formula. The new formula
should include a way to credit cities for adjustments brought about by petitions that change the
value used for the fiscal disparities contributions from previous years.
Additionally, the City of Golden Valley supports a comprehensive study of fiscal disparities to
evaluate how it is meeting its original intent and whether revision to the law are in order.
-.,. _.fIlii_ii I llIil_1fiI Ii r:Ji1lIEilII;.l'Al!l! 11.1 filll'l~ :liI1 1>1 I;J;
~~D'jSL .
Page 1
2. Metropolitan Councillnflow/lnfiltration
Issues
More than 100 metro area communities own and operate local sewer systems that are connected
to the regional interceptor system. In 2009, at least 32 of these communities were experiencing
problems with excess inflow and infiltration (III). III allows clear water (ground and storm) into
sanitary sewer pipes where it eventually get treated, unnecessarily, at wastewater treatment plants.
III also uses sewer pipe capacity needed for wastewater throughout the region and can cause
sewage backups into homes and spillages into regional waterways. If III issues are not addressed
through repairs to local and private infrastructure, additional sewer capacity will be needed at
a cost currently projected to be nearly $1 billion. By contrast, Metropolitan Council Environ-
mental Services (MCES) estimates that addressing the problem ally will cost $150 million. If
excess inflow and infiltration is not addressed, the potential aired waters is increased.
Issue 1: To reduce III, MCES will institute a demand c on cities determined to be
contributing unacceptable amounts ofI/I to the was tre nt system. Currently, 46 cit-
ies have been identified as excessive III contributo mber is subject to change, depend-
ing on rain events, and any city in the metropolitan ld be affected. Since 2007, Golden
Valley has spent $6 million on public infras e im vements and other activities to reduce
III. In addition, private property owners in Hey have spent an estimated $4 million on
repairs to sanitary sewer services, pred inanty t ddress III issues.
The City of Golden Valley recog
MCES as a leader in the III red
its point of sale inspection
spection and the sewer s
is $3,600, but costs ra
ftance of eliminating III and is recognized by the
. However, Golden Valley has found that during
Dximately 88 percent of the properties failed the in-
e i need of rehabilitation. The average cost of rehabilitation
o to approximately $10,000.
Issue 2: Metro Cities is re ng $14 million in capital bonding for grants for metro area cities
to mitigate III problems in rimnicipal wastewater collection systems. Cities eligible for III miti-
gation grants would be required to match each grant dollar. Mitigating III at the local level will
cost much less than at the regional level, but cities will need financial assistance.
Response
Issue 1: The City of Golden Valley recommends that demand charges not be imposed against
cities that have an active and MCES-approved III reduction program. The City of Golden Valley
also recommends implementation of a demand charge be delayed until:
· verifiable benchmarks can be established so the progress of III reduction efforts can be mea-
sured (recent dry weather conditions do not allow for an accurate measurement ofI/I reduc-
tion efforts)
· state financial assistance can be established to reduce the burden of local utilities
Issue 2: The City of Golden Valley supports including $14 million in capital bonding authoriza-
tion in the current bonding bill to fund grants for metro area cities to mitigate III problems in
municipal wastewater collection systems.
Page 2
-:::nlif BlJlfjl;
.~ 11I1_1f1 (1.11. rfilli rmll1f,l110l'Al!lJ 1..'1 F.l11'1~ iIiIlllf H"""'"
alley
mo d
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
February 3, 2010
Agenda Item
4. A. Public Hearing - Ordinance #429 - Allowing Decks to be Located within 30 Feet of the Front
Yard Property Line in the Single Family Zoning District (R-1)
Prepared By
Joe Hogeboom, City Planner
Summary
Staff is requesting the approval of an ordinance that would allow decks to be built to within 30
feet of the front yard property line in the Single Family Zoning District (R-1). Currently, only
covered front porches are allowed to be constructed up to 30 feet from the front yard property
line.
In 2009, staff noticed an increase in the number of residents wishing to improve their
properties by constructing front yard decks. Upon review of City regulations, staff determined
that uncovered decks would have the same impact on surrounding properties as covered
front porches do.
In addition to requesting this change, staff was directed to define the word "deck" in City
Code. Staff recommends basing the code language upon the International Residential Code
(IRC) definition of deck. Staff recommends specifying that decks are considered areas that
are greater than 25 square feet ("landing space" is currently defined as being 25 square feet
or less in area.) The proposed definition of "deck" is as follows:
"Deck - An exterior floor system that exceeds 25 square feet in floor area, has no roof
structure, and is a minimum of 8" above grade at any point around its perimeter."
Attachments
Planning Commission Minutes dated September 29, 2009 (3 pages)
Underline/Overstrike Version of Section 11.03, Definition 27.3 (1 page)
Underline/Overstrike Version of Section 11.21, Subd. 11 (A)(1) and (E) (2 pages)
Ordinance No. 429, Amending Section 11.03 and Section 11.21, Subd. 11 (A)(1) and (E)
Single Family Zoning District (R-1) Allowing Decks Location within 30 Feet of Front Property
Line (1 page)
Recommended Action
Motion to adopt Ordinance No. 429, Amending Section 11.03 and Section 11.21, Subd. 11
(A)(1) and (E) Single Family Zoning District (R-1) Allowing Decks Location within 30 Feet of
Front Property Line.
Regular Meeting of the
Golden Valley Planning Commission
September 29, 2009
regular meeting of the Planning ommission was held at the G en Valley City Hall,
Ceil Chambers, 7800 Golden alley Road, Golden Valle, innesota, on Tuesday,
Septe r 29, 2009. Chair Keys order at 7 pm.
1.
Those present Planning Co
Schmidgall and Wal
Mark Grimes and Adminis
MOV by Eck, seconded by W Idhauser and motion carried unanimously to approve
th une 22, 2009 minutes with t e noted corrections. Chair Keysser abstained from
ting.
2. Informal Public Hearing - Zoning Code Amendment - Regarding Front Yard
Setback Requirements for Decks
Applicant: City of Golden Valley
Purpose: To allow decks to be located within 30 feet of the front yard property line
in the Single Family Zoning District (R-1)
Hogeboom stated that staff has been seeing more requests recently for decks to be
located in front yards. He explained that the City Code allows an open front porch to be
located 30 feet from a front yard property line but that decks have different requirements
even though an open front porch without a roof is considered to be a deck. He stated that
staff believes front yard decks and open front porches serve the same purpose so the
recommendation is to amend the Code to allow decks to be located within 30 feet of a
front yard property line just like open front porches.
Waldhauser questioned the language regarding a 5' x 5' landing area or stoop and asked
if front yard decks could be larger than 5' x 5'. Hogeboom explained that for a structure to
be considered a stoop or landing it has to be no larger than 25 square feet in area,
anything larger than that would be considered a deck. He added that a structure up to 25
square feet in size is allowed to be built in a setback area, however if it is larger than 25
square feet it has to meet setback requirements. Waldhauser asked how a raised patio
would be considered. Hogeboom said if it is more than 8" in height it would be considered
a deck.
Minutes of the Golden Valley Planning Commission
September 29, 2009
Page 2
Keysser asked if the word deck is defined in the Zoning Code. Hogeboom said it is not
defined in the Code. However, it is common to refer to a porch as having a roof and a
deck as not having a roof.
Keysser referred to the proposed ordinance language and asked if open front porches,
along with decks, should be included in section E. Hogeboom stated that the Planning
Department has an intern who is currently working on language regarding garden
structures which might affect how open front porches are regulated.
Waldhauser asked if a person would be able to build an open front porch with a deck in
front of it. Hogeboom said with the proposed new language an open front porch and a
deck could be built together if it doesn't go closer than 30 feet to the front yard property
line.
Eck questioned if stairs leading to a deck or porch are included in the requirements.
Hogeboom said no and explained that stairs are allowed to be built in a setback area.
Kluchka asked where the definition of a deck should be placed in the ordinance. He
questioned if there should be some language added regarding locating the original or
existing grade of a lot before a deck is built to ensure that the grade isn't being built up
before a deck is built in order to get around the requirements. Hogeboom said there are
controls in place regarding the grading of property, but that language could be added to
this section of the City Code as well. Kluchka said he would like language regarding
original grade added to sections A(1) and E of the proposed new ordinance.
Cera questioned if the City would want to allow open front porches and decks to be larger
and therefore, closer than 30 feet to the property line. The Commissioners agreed they
want to see the front yard setback requirement remain 30 feet for open front porches and
decks. Grimes explained that when the language regarding open front porches was
originally discussed it was decided that 5 extra feet would be adequate space for an open
front porch.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
McCarty asked if the Planning Commission will be reviewing this ordinance again. Grimes
said the Planning Commission could choose to table this item in order to review any
changes made. McCarty said he is not comfortable adding language regarding the
original or existing grade of the property because this ordinance doesn't require that. He
said he likes how the proposed ordinance is currently written.
Kluchka said he thinks adding language regarding grade would be more consistent with
the rest of the City Code. Keysser suggested the language regarding grade be added
only to section E. McCarty suggested recommending approval of the ordinance as it is
written and if there is an issue with people building up their grade just to pour concrete
then the issue can be revisited.
Minutes of the Golden Valley Planning Commission
September 29,2009
Page 3
MOVED by McCarty, seconded by Cera and motion carried 5 to 2 to recommend
approval of the Zoning Code amendment to allow decks to be located within 30 feet of the
front yard property line in the Single Family Zoning District (R-1) with the language
currently proposed by staff. Commissioners Kluchka and Waldhauser voted no.
Informal Public Hearing - Zo ng Code Amendment - Regarding the Number
of Street Curb Cut Access P nts
: To limit the number 0 treet curb cut access points to one
Family Zoning Distri (R-1)
,')i".
f'
Pavement Management ~ lect there have been
have more than one c cut. He stated that it
rb cut. He explaine at approving the proposed
ning Code whic ...ould only allow one curb cut
two legally c 'structed garages, a physical
ay access' r a lot with an existing horseshoe
McCarty asked, ow this issue has be
policy has be " ' not to allow second c
McCarty qu tioned if it makes sense
in the Pa ment Management Progr
lained that there are some secondary curb
imes dded that it is a traffic issue, safety issue
home ner to pay the additional costs
,
auser s she doesn't think it is an issue of cost
nts fewer c s into the street. Cera questioned if
e curb cut is pervious surface issues.
, ~
.~.
handled in the p , t. Hogeboom stated that the
rb cuts but it is not ,icially in the City Code.
o put this language i e City Code this far along
process.
"
Wald user questioned if the City w, ts to put these requirement in the Zoning Code
bec se people would then be allow to ask for a variance. Hoge om said another
o~ on would be to place the require nts in a different section of the City Code where
v riances aren't allowed. Cera questioned what kind of hardship would apply in
questing a second curb cut.
9 11.03
23. Convenience Food Establishment: A place where food items (groceries,
meats, etc.), beverages, and other retail items are sold along with hot or
cold foods in or on disposable containers in individual servings for
consumption on or off the premises. Such establishments do not include
video games.
24. Cooperative (Housing): A multiple family dwelling owned and maintained
by the residents. The entire structure and real property is under common
ownership as contrasted to a condominium dwelling where individual units
are under separate individual ownership.
25. Court: A space, open and unobstructed to the sky, located at, above or
below grade level on a lot and bounded on three (3) or more sides by walls
of a building.
26. Day Care - Home: A family dwelling in which foster care, supervision
and/or training for children, out of their own home, who are of school or pre-
school age is provided during part of a day (less than 24 hours) with no
overnight accommodations or facilities, and children are delivered and
removed daily. The number to be cared for in one (1) day care home shall
not exceed ten (10) children, including the family's own children (in
accordance with M.S. 245.812 and M.S. 462.357 and all acts amendatory
thereof) .
Source: Ordinance No. 585
Effective Date: 1-14-83
27. Day Care - Nursery: A service provided to the public in which more than
ten (10) children of school or pre-school age are cared for during established
business hours. No overnight facilities are provided. The children are
delivered and removed daily.
Source: Ordinance No. 609
Effective Date: 11-1-83
27.3 Deck: An exterior floor system that exceeds twenty-five (25) square feet in
floor area, has no roof structure, and is a minimum of eight (8) inches above
grade at any point around its perimeter.
27.5 Display Window: A window at street level, typically part of a storefront
facade, used to display merchandise.
Source: Ordinance No. 397, 2nd Series
Effective Date: 6-6-08
28. District: Any section of the City as shown on the Official City Zoning Map of
the City of Golden Valley, for which the regulations governing the use of
buildings and premises and the height and area of buildings are uniform.
29. Dwelling: Any building, or part thereof, which is designed or used
exclusively for residential purposes of one (1) or more human beings, either
permanently or transiently.
9 11.21
*Subdivision 11. Principal Structures
Subject to the modifications in Subdivision 12, below, principal structures in the R-1
Zoning District shall be governed by the following requirements:
A. Setback Requirements. The following structure setbacks shall be required for
principal structures in the R-1 zoning district. Garages or other accessory
structures which are attached to the house or main structure shall also be
governed by these setback requirements, except for stair landings up to
twenty-five (25) square feet in size and for handicapped ramps.
1. Front Setback. The required minimum front setback shall be thirty-five
(35) feet from any front property line along a street right-of-way line.
Decks and 9Qpen front porches, with no screens, may be built to within
thirty (30) feet of a front property line along a street right-of-way line.
a. In the case of a corner lot, the side with the narrower street frontage
shall be considered the front of the lot.
2. Rear Setback. The required rear setback shall be twenty percent (20%) of
the lot depth.
3. Side Setback. Side yard setbacks are determined by the lot width at the
minimum required front setback line. The distance between any part of a
structure and the side lot lines shall be governed by the following
requirements:
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
a. In the case of lots having a width of one hundred (100) feet or
greater, the side setbacks for structures fifteen (15) feet or less in
height shall be fifteen (15) feet. The side setbacks for any structure
greater than fifteen (15) feet in height shall be fifteen (15) feet plus
one-half (0.5) foot for each additional one (1) foot (or portion thereof)
of structure height over fifteen (15) feet;
b. In the case of lots having a width greater than sixty-five (65) feet and
less than one hundred (100) feet, the side setbacks for structures
fifteen (15) feet or less in height shall be twelve and one-half (12.5)
feet. The side setbacks for any structure greater than fifteen (15) feet
in height shall be twelve and one-half (12.5) feet plus one-half (0.5)
foot for each additional one (1) foot (or portion thereof) of structure
height over fifteen (15) feet;
c. In the case of lots having a width of sixty-five (65) feet or less, the
side setbacks for structures fifteen (15) feet or less in height along the
north or west side shall be ten percent (10%) of the lot width and
along the south or east side shall be twenty percent (20%) of the lot
9 11.21
width (up to twelve and one-half (12.5) feet) The side setback for any
structure greater than fifteen (15) feet in height along the north or
west side shall be ten percent (10%) of the lot width and along the
south or east side twenty percent (20%) of the lot width plus one-half
(0.5) foot for each additional two (2) feet (or portion thereof) of height
over fifteen (15) feet.
d. For any new construction, whether a new house, addition or
replacement through a tear-down, any wall longer than thirty-two (32)
feet in length must be articulated, with a shift of at least two (2) feet
in depth, for at least eight (8) feet in length, for every thirty-two (32)
feet of wall.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
4. Corner Lot Setbacks. To determine the rear yard setback, use the longer
lot line. To determine the side yard setback, use the shortest lot line.
Source: Ordinance No. 292, 2nd Series
Effective Date: 3-12-04
s. Height Limitations. No principal structure shall be erected in the R-1 Zoning
District with a building height exceeding twenty-eight (28) feet for pitched
roof houses and twenty-five (25) feet for flat roof houses.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
C. Structure Width Requirements. No principal structure shall be less than
twenty-two (22) feet in width as measured from the exterior of the exterior
walls.
D. Cornices and Eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
E. Decks. Decks over eight (8) inches from ground level shall meet the same
setbacks as the principal structure.in the side and rear yards.
ORDINANCE NO. 429, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.03 Definitions and Section 11.21, Subd. 11 (A)(1) and (E) Single
Family Zoning District (R-1) Allowing Decks Location within 30 Feet of Front Property Line
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 11.03 entitled "Definitions" is amended by adding
definition number 27.3 as follows: "Deck: An exterior floor system that exceeds twenty-five
(25) square feet in floor area, has no roof structure, and is a minimum of eight (8) inches
above grade at any point around its perimeter."
Section 2. City Code Section 11.21 entitled "Single Family Zoning District", Subd.
11 (A)(1) is amended by changing the second sentence to read: "Decks and open front
porches, with no screens, may be built to within thirty (30) feet of a front property line along
a street right-of-way line."
Section 3. City Code Section11.21 entitled "Single Family Zoning District", Subd.
11 (E) is amended to read: "Decks. Decks over eight (8) inches from ground level shall meet
the same setbacks as the principal structure in the side and rear yards."
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 5. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 3rd day of February, 2010.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virniq
Susan M. Virnig, City Clerk