04-07-10 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Wednesday, April 7, 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
B. Presentation of Bill Hobbs Human Rights Award - Tom Henderlite
C. Presentation of Certificate of Appreciation - Human Rights Commission Share the
Dream "Tapestry" Event - Guthema Roba and Svetlana Stepanova
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 - March 16, 2010
B. Approval of Check Register
1. City
2. Housing and Redevelopment Authority
C. Licenses:
1. General Business Licenses
2. Therapeutic Massage Facility - Massage Therapy for the Mind, Body, and Soul
and Therapeutic Massage Certificate - Colleen Baierl
3. Gambling License Application to Conduct Excluded Bingo - Sons of the
American Legion Post #523
D. Minutes of Boards and Commissions:
1. Human Rights Commission - November 9, 2009
2. Planning Commission - February 22, 2010
3. Environmental Commission - February 22, 2010
4. Envision Connection Project Board of Directors - February 25, 2010
5. Bassett Creek Watershed Management Commission - February 18, 2010
E. Bids and Quotes
1. Pickup Truck - Quotes
F. Authorization to Sign Hennepin County Grant Agreement - Bassett Creek Main Stem
Stream Bank Restoration Project
G. Support for Creation of Golden Valley Community Foundation 10-22
H. Authorization to Sign Contract with Prairie Restorations, Inc. for Restoration and
Maintenance of Native Plant Communities
I. Proclamation for Parkinson's Awareness Month
J. Letters and/or Petitions:
1. Letter from Jeffrey Levy, Attorney for Sean Adams Regarding Special
Assessment Appeal
*
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - Special Assessments - 2010 Pavement Management Program 10-23
B. Public Hearing - Ordinance #436 - Amending Section 11.21 Restricting Driveway and
Street Access in Single Family Zoning District (R-1)
5. OLD BUSINESS
A. Continued Item - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park,
Applicant
B. Second Consideration - Ordinance #435 - Adding a New Section 2.21: Withholding
Approvals Due to Delinquencies or Default
6. NEW BUSINESS
A. Announcements of Meetings
B. Mayor and Council Communications
C. State of the City Video Presentation
7. ADJOURNMENT
* Amended
Regular Meeting
of the
City Council
March 16, 2010
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on March 2, 2010 at 6:30 pm.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally,
Administrative Assistant.
Recognition of Robbinsdale School District Lego League - First Place Win - State
Lego League Tournament
Joe Hogeboom, City Planner, introduced the agenda item.
Lynnea Williams, Adviser, reviewed the League requirements. Ben Gallup introduced the
members in attendance.
Mayor Loomis presented a Certificate of Recognition and city pin to Ben Gallup, Amelia
Huesinkveld, Garrett Williams Isaac Griffin-Wiesner. Jesse Spaulding was unable to
attend.
Approval of Agenda
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the
agenda of March 16,2010 as amended: change Precious Metal Dealer License address to
678 Winnetka Avenue North, Addition of Letter from William Lines and Terri Haarstad
Regarding 3rd Lair Skate Park and Executive Session - Stephen and Andrea Dargi
Lawsuit.
Approval of Consent Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 16,2010 as amended: removal of Gambling License Exemption and
Waiver of Notice Requirement - Northwest Suburban Optimist Club and addition of Letter
from William Lines and Terri Haarstad Regarding 3rd Lair Skate Park.
*Approval of Minutes - City Council Meeting - March 2, 2010 and Council/Manager
Meeting - March 9, 2010
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
City Council Meeting minutes of March 2, 2010 and Council/Manager Meeting of March 9,
2010 as submitted.
Regular Meeting of the City Council
March 16, 2010
Page 2
*Approval of Check Registers
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
payment of the City bills as submitted.
*General Business Licenses
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of
Golden Vallev
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for the
Rotary Club of Golden Valley.
Gambling License Exemption and Waiver of Notice Requirement - Northwest
Suburban Optimist Club
Council Member Pentel encouraged the public to attend the Northwest Suburban Optimist
Club and Rotary Club of Golden Valley events scheduled this spring.
MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Northwest Suburban Optimist Club.
*Solicitor's License - Domestic Business Promotions, Inc.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
solicitor's license for Domestic Business Promotions, Inc.
*Rental Property Licenses
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the minutes as follows:
Human Services Foundation - January 11, 2010
Joint Water Commission - January 13, 2010
Open Space and Recreation Commission - January 25, 2010
Regular Meeting of the City Council
March 16, 2010
Page 3
*Squad Cars - Quotes
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase,
through the State of Minnesota Squad Contract, a Ford Crown Victoria from Elk River Ford
for $21,910.32 and a Dodge Charger from Dodge of Burnsville for $21,293.
*Pavement Cutter/Router - Quotes
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one
2010 Crafco Model 200 pavement cutter/router from Brock White Co., LLC, through the
Minnesota Materials Management Division for $12,943.43, including sales tax.
*Green/Tee Mower - Quotes
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to purchase one
new green/tee mower from MTI Distributing, through the State Material Management
Division Contract for $29,168.83, including sales tax.
*Receipt of February 2010 General Fund Budget Report
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the February 2010 General Fund Budget Report.
Bassett Creek Main Stem Stream Bank Stabilization Project; Agreement with Bassett
Creek Watershed Management Commission and Joint and Cooperative Agreement
with City of Crystal
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the Cooperative Agreement for Stream Bank Restoration
on the Main Stem of Bassett Creek with the Bassett Creek Watershed Management
Commission.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manger to sign the Joint and Cooperative Agreement for Stream Bank
Restoration on the Main Stem of Bassett Creek with the City of Crystal.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to authorize the
Mayor and City Manager to sign the agreement with WSB & Associates, Inc. for the
engineering work needed to complete the project for $84,696.
Regular Meeting of the City Council
March 16,2010
Page 4
* Authorizing Transfer from General Fund to Street Debt Service Fund
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-18
RESOLUTION AUTHORIZING THE TRANSFER OF $500,000 FROM THE
GENERAL FUND TO THE STREET DEBT SERVICE FUND ($500,000)
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
*Authorizing Submittal of a Grant Application to the Office of the Secretary of State
for an Automatic Door Opener for Two Polling Places
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-19
RESOLUTION AUTHORIZING THE CITY OF GOLDEN VALLEY SUBMITTAL OF A
GRANT APPLICATION TO THE OFFICE OF THE MINNESOTA SECRETARY OF STATE
FOR AN AUTOMATIC DOOR OPENER FOR TWO POLLING PLACES
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
*Support for Community Access Preservation Act
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-20
RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA STATING
SUPPORT FOR THE COMMUNITY ACCESS PRESERVATION ACT (HR 3745)
The motion for the adoption of the foregoing resolution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Regular Meeting of the City Council
March 16,2010
Page 5
*Letter from William Lines and Terri Haarstad Regarding 3rd Lair Skate Park
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the letter from William Lines, dated March 9, 2010; and Terri Haarstad, dated March
15, 2010 regarding 3rd Lair Skate Park.
Public Hearing - Precious Metal Dealer License - Jewelry Manufacturer's Exchange
Inc. - 678 Winnetka Avenue North
Stacy Altonen, Police Chief, introduced the agenda item and answered questions from the
Council.
Cathy Przybylski, Manager, reviewed the request and answered questions from the
Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to approve the
Precious Metal Dealer License for Jewelry Manufacturer's Exchange Inc. located at 678
Winnetka Avenue North.
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park,
Applicant
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 434, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Amended Conditional Use Permit No. 95, Amendment NO.1
850 Florida Avenue South
Mark Muller (3rd Lair Skate Park), Applicant
Joe Hogeboom, City Planner, introduced the agenda item and answered questions from
the Council. Thomas Burt and Allen Barnard answered questions from the Council. Stacy
Altonen, Police Chief, reviewed her objections for approval of the Amended Conditional
Use Permit.
Cathy Waldhauser, Planning Commission, presented the Commission report and
answered questions from the Council.
Regular Meeting of the City Council
March 16, 2010
Page 6
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd lair Skate Park,
Applicant - Continued
Mark Muller, Applicant, reviewed the application and answered questions from the Council.
Matt Parrish and Mark Rodriquez, business partners, answered questions from the
Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Mark Rodriquez, business partner, stated he grew up going to the skate park, worked their
part-time during college and eventually got a management position and became a
business partner; feels they were not dishonest as their web site stated they were open
until 11 pm and have done "all-nighter" events during the past 7 years; stated staff and the
police department knew they were open; when it was brought to their attention that they
were breaking the rules they stopped staying open after hours; they then inquired about the
process to allow them to operate later and filled out the application; if they are not allowed
to be open and hold events it will break their business; they are a struggling business and
have taken measures to make changes; they now understand they made mistakes and
asked the Council allow them to continue to operate.
Ben Haarstad, distributed a copy of a letter, stated the owners are nice people; Mark Muller
mentored him and he learned a lot about skate parks and owning a business.
Laura Brandis, stated her son has been skating there for about 3 years; he has made
friends, is well accepted, improved his skating skills; feel they operate a safe facility, zero
tolerance for crime, drugs and alcohol; stated he has participated in "all nighters" and feels
the Council should honor their request.
Shaun Vanvark, stated he comes from out of town to the skate park, stated other skate
parks have failed, he almost invested in a skate park but he saw how well 3rd Lair was run
and decided against investing in one, feels they have good operating knowledge of the
business, they generate business for the area, they give something back to the community,
they come up with new retail and business ideas to attract new customers; they hold skate
camps in other cities around the state, including the state fair and regional and national
events; feels if they are closed a number of businesses will lose revenue because people
spend money when they attend events; stated his son worked for 3rd Lair, they develop
employees and they learn about running a business; they give kids a positive environment
where they can develop friends; and feels if they are in business the city doesn't have to
provide for skate parks.
Regular Meeting of the City Council
March 16, 2010
Page 7
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd lair Skate Park,
Applicant - Continued
Rhonda Vanvark, stated they have 2 boys, feels 3rd lair is very safe, fun and well
managed; stated they have gone to other public non-supervised parks where it is not as
safe, at non-supervised parks they have had experience with fire in garbage cans, spray
painted and vandalized equipment, bullying, fireworks, drugs and alcohol problems in
public areas; feels 3rd lair is clean outside and they pick up the garbage left by fast food
restaurants in the area; the restrooms are cleaned routinely; other skate parks have closed
in their area; feels police will be called when you are at any type of skating park; feels that
an outdoor park and "all-nighters" are a viable part of 3rd lair so they can get the revenue
from them and that will allow them to stay in business.
Renee Seltzer, has 2 children and considers going to 3rd lair their recreation time; stated
she is a probation officer and is very guarded about who has access to her children, stated
she has spent a lot of time at 3rd lair when her children are there and feels they have
good staff and keep the young kids in their radar, supporting them, feels they have a
supportive, healthy environment for kids, they keep them in line, redirect them when they
use bad language and how they treat the other skaters; has been their during emergencies
and sees how they handle them; feels they need to get the revenue from later hours and
"all-night" events in order to stay in business, stated they put up a gate around the outdoor
skate park so kids don't wander off and no one can wander into the skating area; and feels
it is a nice set-up for kids to skate.
Trent Mosen, stated his kid skates at 3rd lair, stated he owns a small business and knows
how hard it is to run; feels there should be no limitations on the skate park; stated other
skate parks have gone under; feels nothing bad happened when they were open later,
would hate to see the business close and area businesses would lose money.
lucas Flower, don't think bad about these guys, stated he skates at 3rd lair and has
gotten sponsors with the help of the owners, they have contests for the kids.
Sharon Hogan, feels the owners are an amazing group of guys, stated when she started
taking her kid their it was not easy dropping her kid off at first; feels they run a wonderful
program; feel they nurtured friendships over the years; and even with different age ranges;
feels it would be a shame if they did not succeed; they do a lot for the kids and parents and
it is like the Little league of skateboarding.
Tom Olson, stated he travels along with his son, who is a nationally ranked amateur skater,
and stated that 3rd lair is nationally respected and recognized; they respect their program
and quality of people who run the establishment; stated he has been to a lot of skate parks
and their park is the cleanest facility; feels it's a national treasure.
Regular Meeting of the City Council
March 16,2010
Page 8
Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95 -
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park,
Applicant - Continued
Paul Haarstad, feels that the requirement for a police and fire department attendance at an
event of 150 people needs to be looked at; feels that some of the larger events where the
attendance is greater he can see a reason for the fire department to be there; stated there
have been no incidents of safety and violence in the past.
The Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to table
consideration of Ordinance #434 to the April 7, 2010 and ask the applicant if they would be
willing to extend the 60 day notice requirement, and request staff prepare an amended
conditional use permit and Ordinance.
The applicant signed a written agreement to extend consideration of the Ordinance to April
15,2010.
Staff will prepare an amended Ordinance incorporating amendments regarding hours of
operation, when the Golden Valley Fire Department would be required to be hired,
insurance coverage, number of "all-nighter events", special events, written report
requirements, event notification and other conditions as clarified by staff.
Authorization for Resubmittal of Application for Hennepin Youth Sports Program
Grant
Thomas Burt introduced the agenda item and answered questions from the Council.
Jerry Sandler, Open Space and Recreation Commission Chair, answered questions from
the Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-21
RESOLUTION AUTHORIZING RESUBMITTAL OF APPLICATION FOR
HENNEPIN YOUTH SPORTS PROGRAM GRANT
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel and Scanlon; and the following voted against the same: Shaffer,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Regular Meeting of the City Council
March 16,2010
Page 9
First Consideration - Ordinance #435 - Addina a New Section 2.21: Withholdina
Approvals Due to Delinquencies or Default
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 435, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 2.21: Withholding Approvals Due to Delinquencies or Defaults
Thomas Burt introduced the agenda item.
MOVED by Shaffer, seconded by Scanlon and motion carried unanimously to approve
Ordinance #435, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
Appointment to Theodore Wirth Park Citizen Advisory Committee
Mayor Loomis introduced the agenda item and stated she has two candidates that are
interested in serving as the City's representative.
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to allow the
Mayor to appoint a representative to the Theodore Wirth Park Citizen Advisory Committee
Announcements of Meetinas
A Bassett Creek Watershed Management Commission will be held on March 18, 2010 at
11:30am.
The State of the City will be held on March 19, 2010 at 7:30 am at City Hall.
Some Council Members may attend the Hopkins Community Education Diversity Forum -
Making Change on March 23,2010 from 7 to 8:30 pm at the Eisenhower Community
Center.
The next City Council meeting will be held on Wednesday, April 7, 2010 at 6:30 pm.
The Golden Valley Historical Society will meet on April 8, 2010 at 7 pm at the Golden
Valley Historic Church.
Some Council Members may attend the Golden Valley Run the Valley RacelWalk on April
10, 2010 beginning at 8:30 am at the Davis Community Center at Meadowbrook
Elementary.
Regular Meeting of the City Council
March 16,2010
Page 10
Executive Session - Stephen and Andrea Dargi Lawsuit
The City Council will hold a closed Executive Session immediately following the City
Council Meeting in the Manager's Conference Room to discuss the Stephen and Andrea
Dargi lawsuit with legal council.
Mavor and Council Communications
No action and/or discussion took place.
Adiournment
The Mayor adjourned the meeting at 9: 11 pm.
Linda R. Loomis, Mayor
ATTEST:
Judy Nally, Administrative Assistant
Public ~U~Y
Mod
Public Safety Department
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
1. B. Presentation of Bill Hobbs Human Rights Award - Tom Henderlite
Prepared By
Stacy Altonen, Chief of Police
Summary
The Bill Hobbs Human Rights Award was created to recognize individuals for their hard work
in building an environment that promotes fair and equal treatment for everyone. Nominations
for this award were submitted to the Human Rights Commission. At its March 11, 2010
meeting the Human Rights Commission voted to award this honor to Tom Henderilte for his
continued support and promotion of human rights education relative to his role as principal of
Sandburg Middle School.
Recommended Action
Presentation of Bill Hobbs Human Rights Award to Tom Henderlite.
Public Jt~y
e nd
Public Safety Department
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
1. C. Presentation of Certificate of Appreciation - Human Rights Commission Share the
Dream "Tapestry" Event - Guthema Roba and Svetlana Stepanova
Prepared By
Stacy Altonen, Chief of Police
Summary
On February 27,2010 the Human Rights Commission hosted "Tapestry," a Share the Dream
event designed to recognize and appreciate diversity, at the Golden Valley Library. The event
was open to the public and consisted of a panel of two recent immigrants who voluntarily
shared their immigration experiences, perception of the American dream and their own
realizations of that dream.
To show appreciation for participating in this event, the Human Rights Commission would like
to recognize Guthema Roba and Svetlana Stepanova with Certificates of Appreciation.
Recommended Action
Presentation of Certificates of Appreciation to Guthema Roba and Svetlana Stepanova for
the Human Rights Commission Share the Dream "Tapestry" Event.
alley
Moran
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
M 0
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
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M mo du
Inspections
763-593-8090 I 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kathryn Pepin and Jill Lund, 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.
#4117 Theisen Vending Company 3 Amusement Devices $ 60.00
7348 Country Club Drive
#4121 American Amusement Arcades 4 Amusement Devices $ 75.00
6400 Wayzata Boulevard
#4119 Mendota Valley Amusement 3 Amusement Devices $ 60.00
8040 Olson Memorial Highway
#4132 Kabalan Company Gas Station 23 Nozzles $385.00
9405 Medicine Lake Road
#4129 Golden Valley Country Club Gas Station 2 Nozzles $ 70.00
7001 Golden Valley Road
#4128 Mobile Radio Engineering Gas Station 1 Nozzle $ 55.00
745 Boone Avenue North
#4131 General Mills Auto Service Gas Station 36 Nozzles $580.00
#1 General Mills Boulevard
#4134 Wirth Golf Maintenance Gas Station 2 Nozzles $ 70.00
1313 Theodore Wirth Parkway
#4127 Super America #4497 Gas Station 18 Nozzles $310.00
6955 Market Street
#4126
Super America #4443 Gas Station 10 Nozzles
1930 Douglas Drive
$190.00
#4135
MTI Bus Garage Gas Station 4 Nozzles
835 Decatur Avenue North
$100.00
#4467
Regency Hospital of Mpls, LLC Gas Station 1 Nozzle
1300 Hidden Lakes Parkway
$ 55.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Public ~U~Y
M 0 U
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. C. 2. Therapeutic Massage Facility - Massage Therapy for the Mind, Body, and Soul, and
Therapeutic Massage Certificate - Colleen Baierl
Prepared By
Stacy A. Altonen, Chief of Police
Jim Roberts, Detective
Summary
Coleen Baierl d/b/a Massage Therapy for the Mind, Body, and Soul has applied for a
Therapeutic Massage Facility License and a Therapeutic Massage Certificate. Ms. Baierl is
the sole owner of the business and will be the only therapist. The business is located at 5851
Duluth Street, Suite 306.
Background checks have been conducted on Ms. Baierl and the facility has been inspected.
80th meet City Code requirements for the issuance of a therapeutic massage facility license
and certificate.
Recommended Action
Motion to approve the issuance of a Therapeutic Massage Facility License to Massage
Therapy for the Mind, Body, and Soul and Therapeutic Massage Certificate to Colleen Baierl
at 5851 Duluth Street, Suite 306.
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City Administration/Council
763-593-8006 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. C. 3. Gambling License Application to Conduct Excluded Bingo - Sons of the American
Legion Post #523
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.
Attachments
Application to Conduct Excluded Bingo (2 pages)
Recommended Action
Motion to approve the gambling license application to conduct excluded bingo for Sons of the
American Legion Post #523.
Minnesota Lawful Gambling
LG240B Application to Conduct Excluded Bingo
1/10
Page 1 of 2
No fee
ORGANIZA TION INFORMA TION
Organization name I Previous gambling permit number
Sons of The American Legion Post 523
Type of nonprofit organization. Check (...J) one.
D Fraternal D Religious GJ Veterans o Other nonprofit organization
Mailing address City St~fJZig g8~ HCounty
200 Nortn Lilac enn
Dr Golden Vall ev
ATTACH A COpy OF ONE OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS
* Do not attach a sales tax exempt status or federal 10 employer number as they are not proof of nonprofit status.
**"" 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
_ Internal Revenue Service -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.
_Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of bQ1b. 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.
_Internal Revenue Service. proof previously submitted to Gamblng Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service, no attachment is required.
EXCLUDED BINGO ACTIVITY
1. ~o _Yes Has your organization held a bingo event in the current calendar year?
If yes, list the dates when bingo was conducted
2. The proposed bingo event for which we are applying will be:
_ one of four or fewer bingo events held this year. Dates 11/19/2010
OR
_conducted up to 12 consecutive days in connection with a:
_county fair. Dates
_civic celebration. Dates
_Minnesota state fair. Dates
3. Person in charge of bingo event Daytime phone
4. Name of premises where bingo will be conducted n\... - -..... -. O;~r:I " . _._ T __. __
-'
5. Premises street address 200 North Lilac Dr.
6. City Golden Valley If township, name of township County Henn
Bingo hard cards and bingo number selection devices may be borrowed from another organization
authorized to conduct bingo. Otherwise, bingo hard cards, bingo paper, and bingo number selection
devices must be purchased from a distributor licensed by the Gambling Control Board. To find a licensed
distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4076.
Be sure to complete page 2
LG240B Application to Conduct Excluded Bingo
Page 2 of 2
1/10
Chief Executive Officer's Signature
The information provided in this application is complete and accurate to the best of my knowledge.
Chief executive officer's signature David Jenkins Phone number 61 2 - 61 8 - ~ 3.) (
.Al; ~ A_ ~. Date :3 IJ2 1,).010-
Name (please print) -~~~
Local Unit of Government Acknowledgment and Approval
If the gambling premises is within city limits, the city must sign this application.
On behalf of the city, I approve this application for Print city name VOL.Uf:.N \IITct..k y
excluded bingo activity at the premises located within
the city's jurisdiction. () j J ^ trl. (I..,A A 1..... A/)--/
Signature of city personnel receiving application
Title AdW\(~ Ii >>( --r Date.&! .:l. Y !-.!.Q
If the gambling premises is located in a township, only the county is required to sign this application.
For the county: On behalf of the county, I approve Print county name
this application for excluded bingo activity at the
premises located within the county's jurisdiction.
Signature of county personnel receiving application
Title Date_I_I_
For the township: On behalf of the township, (Township signature is not required)
I acknowledge that the organization is applying for Print township name
excluded bingo activity within the township limits.
A township has no statutory authority to approve or Signature of township official acknowledging application
deny an application (Minn. Stat. 349.166, Subd. 2).
Title Date---1---1_
Mail Application and Attachment(s)
Send the application and proof of nonprofit You will receive a document from the Gambling Control Board with
status to: your excluded permit number for the gambling activity. Your
Gambling Control Board organization must keep its bingo records for 3-1/2 years.
Suite 300 South
1711 W. County Rd. B Questions? Contact the Gambling Control Board at 651-639-4000.
Roseville, MN 55113
Or, you may fax it to 651-639-4032. This form will be made available in alternative format (i.e. large print,
Braille) upon request.
Data privacy notice: The information requested
on this form (and any attachments) will be used
by the Gambling Control Board (Board) to
detennine your organization's qualifications to
be involved in lawful gambling activities in
Minnesota. Your organization has the right to
refuse to supply the information; however, if
your organization refuses to supply this
information, the Board may not be able to
determine your organization's qualifications and,
as a consequence, may refuse to issue a permit.
If your organization supplies the information
requested, the Board will be able to process your
organization's application.
Your organization's name and address
will be public information when
received by the Board. All other
information provided will be private
data about your organization until
the Board issues the permit. When
the Board issues the permit, all
information provided will become
public. If the Board does not issue a
permit, all information provided
remains private, with the exception
of your organization's name and
address which will remain public.
Private data about your organization 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, Minnesota
Management & Budget, and Revenue; Legislative
Auditor, national and international gambling
regulatory agencies; anyone pursuant to court order;
other individuals and agencies 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 written consent.
GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING
Minutes from the Meeting of November 12, 2009
Members Present: Christopher Jordan, Marion Helland, Jay Sandvik, Roger McConico
Members Absent: Anne Dykstra, Debra Yahle
Staff Present: Chief Stacy Altonen and Mayor Linda Loomis.
The meeting was called to order by Chair Jordan at 7:00 pm.
OPEN FORUM
Christopher Jordan expressed his desire to speak to the Commission as a resident of
Golden Valley to offer his apologies for his implied nomination of Mr. Hixon for the Bill
Hobbs Award.
CHAIRPERSON'S REPORT
APPROVAL OF MINUTES
Chair Jordan moved to delay approval of August 19, 2009 minutes; seconded by
Commissioner McConico.
COMMITTEE REPORTS
I. Executive Committee
Chair Jordan asked Members to nominate another member to the Executive
Committee. By laws indicate three members would serve; one in addition to the
Chair and Vice Chair. Commissioner Helland motioned to nominate Anne Dykstra;
seconded by Commissioner Sandvik.
II. Nomination and Governance Committee
There was further discussion of this committee's responsibilities, including
nomination and recruitment of new commissioners, orientation, attendance issues
with current commissioners. Chair Jordan would like to see this committee chaired
by the vice chair and two other members who would take an active role in recruiting
members. Motion for Commissioner McConico and Commissioner Sandvik to
become the new recruiters; seconded by Chair Jordan.
III. League of Minnesota Human Rights Commission
Commissioner Helland presented League of MN Human Rights Commission
Together Newsletter and invited members to attend annual conference on
December 4,2009. She advised that Golden Valley joined with four other suburban
Human Rights Commissions to collaborate on what could be done together and
whether or not to consolidate forces.
IV. Program Committee
Chair Jordan gave an overview of this committee and the various topics that would
be discussed as part of this committee's responsibilities.
Human Rights Community Issues
Chief Altonen advised that no issued have been reported to the police department.
45th Anniversary Human Riqhts Commission Celebration
Discussion took place on when HRC Celebration should be held. Chair Jordan
stated this is the reason for the committee to bring options to the meeting. He asked
for member who was willing to lead this sub-committee. Commissioner Dykstra's
name was mentioned but she was not present to state her interest. Chair Jordan put
forth motion to present the Hobbs award at the 45th Anniversary as well.
Mayor Loomis brought up incorporating event with Music in the Park; perhaps
reaching a broader audience, saving costs and serving as a recruitment tool as well.
In the past this event has been on Monday evenings.
Bill Hobbs Human Riqhts Award
Chair Jordan reminded members to have nominations in by December 15t.
Nominations are to be directed to the address at the city and will then be given to
Chief Altonen.
Chief Altonen presented one mailed in nomination posthumously for John Mitchell
for his work in Golden Valley over many years.
Commissioner Helland clarified for Chair Jordan that in the past members have
received a copy of the nominations and each commission member would vote. All
past nominations have been for individuals and not organizations.
Census Proiect
Chair Jordan stated that the contest launched in November. The deadline for
submissions is December 18, 2009. Teachers and Administrators in Hopkins and
Robbinsdale School Districts as well as Breck and Perpich Center as well as to the
Hopkins and Robbinsdale Human Rights Commissions. No submissions have been
received as of this date.
Brookview was reserved for a four hour period for the awards ceremony for a cost of
a~proximately $200.00. Two Honorable Mention medallions will be given to 4th and
5 h place recipients and a glass award will be presented to 15t, 2nd and 3rd place
recipients. The quote for these awards was approximately $300.00. The Bremer
Bank Grant was for $1,500.00.
Share the Dream
Deborah was taking the lead on this project. In her absence, Chair Jordan asked if
anyone had anything to add. Committee agreed to try this beginning in January,
2010.
NEW BUSINESS
Bi-Monthlv Meetinqs
Chair Jordan motioned to suspend article three bylaws. He would like to try meeting bi-
monthly rather than monthly. Motion accepted by Commissioner Hoyt; seconded by
Commissioner Helland.
Golden Vallev Human Riqhts Commission Calendar
Chair Jordan stated more information will be available on this iNeighbor feature in the
future.
NEXT MEETING
The next meeting is scheduled for Thursday, January 14, beginning at 7PM.
ADJOURNMENT
Motion to adjourn at 8:36 pm by Commissioner Hoyt; seconded by Commissioner Sandvik.
Regular Meeting of the
Golden Valley Planning Commission
February 22, 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,
February 22, 2010. Vice Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall
and Waldhauser. Also present was Director of Planning and Development Mark Grimes,
Police Chief Stacy Altonen, Deputy Fire Marshal Ed Anderson and Administrative Assistant
Lisa Wittman. Chair Keysser was absent.
1. Approval of Minutes
January 25, 2010 Regular Planning Commission Meeting
Eck noted some typographical errors.
MOVED by Eck, seconded by Schmidgall and motion carried unanimously to approve the
January 25, 2010 minutes with corrections.
2. Continued 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 and to reduce the required number of parking spaces.
Mark Grimes, Director of Planning and Development, reminded the Commission that this
item was tabled at their January 11, 2010 meeting in order to obtain some additional
information from the Police and Fire Departments including a code analysis. He explained
that a code analysis has been done on the property and there is some work that will need
to be done in order to fulfill the requirements of the code analysis. He stated that one
issue noted in the code analysis is if the parking area is reconfigured to provide proper
access for emergency vehicles, there would only be four parking spaces available in the
rear area of the building as a result. Therefore, requiring the applicant to provide 25
parking spaces is going to be impossible. However, the applicant has been working with
the neighboring property across the street to secure off-site parking.
Grimes discussed the applicant's request and stated that based on past performance,
staff cannot recommend the extended hours being requested by the applicant. They have
continued to violate the hours of operation allowed in their current Conditional Use Permit,
even as recently as this past week. He said staffs recommendation is to not approve the
applicant's request to extend their hours of operation, require the applicant to meet the
Fire Marshal's issues regarding the code analysis and require the applicant to provide off-
street parking.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 2
Stacy Altonen, Police Chief, stated she feels the activities that occur at the skate park are
positive for youth and that her concern is not about the activity, it is about the operation of
the business. She stated that there have been repeated violations of the Conditional Use
Permit relative to the hours of operation and by the applicant's own admission they've
had unauthorized overnight events for the past six to seven years.
Altonen explained that after the January 11 Planning Commission meeting several
members of city staff met with the applicants regarding their request and to discuss how
they could come to some sort of compromise. During that meeting the Fire Marshal
clearly spelled out the fire code issues and the applicants were told they would need to be
addressed and presented prior to this Planning Commission meeting. She said she also
told the applicants at that meeting that it is hard for her to support this request with their
track record of repeatedly violating their Conditional Use Permit. She said she was
surprised and disappointed when she realized after their meeting that the applicant's
website lists their hours as midnight on some nights when they've only ever been allowed
to be open until 1 0 pm. She stated that as recently as last Thursday, February 18, there
were several people using the skate park after 11 pm. The applicant indicated to the
police that they could not be open to the public after 10 pm, but they could have private
skate parties after 10 pm. She said one of the requests currently being made by the
applicant is to allow them to have private parties and to be open after 10 pm. Five nights
ago they told the police that they didn't know this wasn't allowed is another indication of
dishonesty. She said she is concerned about the direct non-compliance with the existing
Conditional Use Permit and does not support this amendment request. She added that
the kids have to be safe and their parents need to know their kids are safe in regard to fire
code issues, capacity issues and the general management of the operation.
Eck asked if there has ever been an incident that required law enforcement intervention of
any kind because of conduct occurring at the facility. Altonen said she didn't have the
applicant's history with her but she wouldn't say it is a troublesome spot in terms of
traditional police calls.
Ed Anderson, Deputy Fire Marshal, reiterated that staff asked the applicant to do a code
analysis of the building to show that it meets the building and fire code requirements, the
Zoning Code requirements and the occupancy and classification of the building itself. He
said staff reviewed the code analysis and found ten items that needed clarification. One of
those items was regarding access to the back of the building. He explained that in order
for there to be a fire apparatus turnaround the majority of the parking spaces in the back
of the building would need to be eliminated leaving them 3 or 4 parking spaces in that
area. He said it is his understanding that the applicants now understand what needs to be
done in regard to the code analysis items.
Kluchka asked if the code analysis was specific to expansion of the building. Anderson
explained that the building code and fire code have changed since the building was first
inspected in 2002. Grimes added that there is also less space available behind the
building than there was originally because that area is being used for storage and skate
ramps so there is less room for emergency vehicles to turn around.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 3
Waldhauser asked Anderson to point out on the site plan where emergency vehicles
enter the site and how they turn around. Anderson referred to a site plan and discussed
the location of a proposed "hammerhead" turnaround and the parking spaces that would
have to be removed.
Cera asked if the proposed amendment were not granted if the applicant would still have
to bring the property into compliance with the fire and building codes. Anderson said yes
and added that he will work with the applicant to set up a schedule of how the outstanding
issues will be addressed.
Mark Muller, Applicant, stated that 3rd Lair has been in business for 14 years, 7 of which
have been in Golden Valley. He stated that in the time they have been in Golden Valley
he knows of five other skate parks that have gone out of business. They have been able
to survive the difficult economy by responding to their customers needs and finding ways
to keep their customers engaged. He explained that in making some of these changes
they've inadvertently violated their Conditional Use Permit and apologized for operating
outside their permitted hours and reducing the available on-site parking. He added that
without making these changes their business might not exist today.
Muller stated that over the past three months they have taken on a significant financial
burden in order to address the concerns raised by the City and he believes that every
concern has been appropriately resolved. He noted that they have spent over $4,000 in
architectural fees to validate their original blueprints that are still representative of the way
the building is today. The outcome of the analysis is that there have been no significant
changes to the building. He said the Fire Marshal has required there to be additional
signage and some new accommodations for the parking area that will reduce the size of
their outdoor skate park. He added that all of the items in the code analysis have been
addressed. He stated that they have been closing at 10 pm and have cancelled their all-
nighter program. He stated that if they are not able to return to their previous operating
model he estimates a loss of $50,000 per year which will put incredible stress on their
business.
He told the Planning Commission that he hopes they will approve his request to have
normal business hours of 8 am to midnight and allow them to have an additional 25 nights
per year when they can be open all night, or partial ni.ghts in order to have the all-nighter
events and other park rentals. He said he is willing to give the City a 30 day notice for
these all night events and if they do not receive approval for their requested amendment
they will not be able to capitalize on the opportunity to maintain their business.
He referred to the issue of parking and said they've submitted a plan that allows for four
on-site parking spaces and he has a lease agreement approving the rental of the parking
lot across the street to the east. He said the proposed parking arrangement will leave
enough space for them to operate the outside skate park area which is critical for their
business.
He stated that there are two groups that benefit from their business, kids and the City of
Golden Valley. The City benefits because many of their patrons are not from Golden
Minutes of the Golden Valley Planning Commission
February 22,2010
Page 4
Valley but they come to Golden Valley and spend money at other surrounding
businesses. He said 3rd Lair is highly regarded by several other communities and is
considered to be one of the leading skate parks in the nation so he hopes Golden Valley
is proud to have them in the community. He added that they are also taking care of a
building that was sitting vacant for two years before they moved in and would sit vacant
again if they left. He said their business benefits kids by providing a safe and positive
environment, their all-nighter events keep kids off the streets, their sessions and lessons
provide structure and goals for young people to work toward, their facility provides a safe
place to make life-long friends, the activities they provide encourage kids to be active and
healthy and their rules teach kids respect and sportsmanship. He asked the Planning
Commission to support these kids and help them sustain their business. He then read an
email of support from a parent of a child who participated in a recent event.
Kluchka asked for clarification regarding the rental of the facility. Muller said they operate
the all-nighter events and other special events and they also have outside companies that
rent the facility after hours.
Eck said he recognizes the realities of operating a business in a difficult economic
environment. He also recognizes that the applicant seems to be doing a very good job in
terms of managing the business and providing a positive atmosphere for young people.
He added that it is difficult for him to understand after the last Planning Commission
meeting that there could still be any possible confusion by the applicant that they are not
in compliance with the Conditional Use Permit yet they continue to operate beyond the
hours allowed. Muller referred to the incident that the Police Chief spoke of earlier. He
stated that they closed their business to the public at 9 pm that night and had a park
rental from 9 pm to 10 pm that ran a bit late. Matt Parrish, Mr. Muller's business partner,
added that they have been closing at 10 pm since the last Planning Commission meeting.
He agreed that the hours have not been changed on their website but they have installed
a large sign on the front door that says they are now closed at 10 pm.
Eck asked the applicant if it is economically unfeasible for them to operate their business
under the current hours allowed in their existing Conditional Use Permit. Muller said yes
and added that they need to be open until midnight and be allowed to have their all-
nighter events and park rentals.
Cera asked the applicant about the typical age of their customers. Muller stated that
they've given lessons to kids as young as 3 but their main demographic is kids 8 to 12
years old.
Cera asked the applicant how their hours of operation coincide with curfew requirements.
Muller said he's not familiar with the curfew laws but he thinks that they would apply more
to kids wandering the streets at night. Cera asked Muller if he would be open to having
different hours on weekends versus during the week. Muller said before he was made
aware that they were violating the hours listed in their Conditional Use Permit they were
open until 11 pm on Monday, Tuesday and Wednesday, until 9 pm on Thursday, until
midnight on Friday and until 9 pm on Saturday and Sunday. He added that they frequently
have park rentals on Saturday nights after 9 pm.
Minutes of the Golden Valley Planning Commission
February 22,2010
Page 5
Muller referred to the parking issue and explained that he has permission to rent the lot
from their neighbors across the street so he is hoping that solves the parking issue and
the main issue left to address is their hours of operation.
Waldhauser stated that she visited the site at approximately 3:30 pm and there were a lot
of cars parked in the applicant's parking lot as well as on both sides of the street. Muller
stated that renting the lot across the street will work well for them because they have
opposite business hours. Mark Rodriguez, Mr. Muller's business partner, stated that he
believes the cars Commissioner Waldhauser is referring to are PRISM's customers.
Waldhauser noted that 3rd Lair also has a facility in Burnsville and asked the applicant if
they could have the all-nighter events at that site. Muller stated the Burnsville location is a
separate corporation and is smaller than the Golden Valley location. He reiterated that
they need to have the all-nighter revenue in order to stay in business in Golden Valley.
Grimes referred to the original site plan that showed 50 parking spaces in the area behind
the building. He asked about the fenced-in area. Muller explained that the area Grimes is
referring to is the outdoor ramp area and is not fenced in, but has been expanded since
the original Conditional Use Permit. McCarty asked if the outdoor ramp area was
approved by the City. Muller explained that the outdoor ramp area was approved as a
part of their original Conditional Use Permit but it has been expanded since then.
Rodriguez added that there is a gate in that area, but it is not fenced in.
Altonen addressed the questions regarding curfew. She explained that for kids under 16
the curfew is 9 pm on weekdays (Sunday through Thursday) and 10 pm on weekends
(Friday and Saturday). For kids older than that, but not yet adults the curfew is 10 pm on
weekdays and 11 pm on weekends. Waldhauser said she assumes those curfew rules
apply for children who are unaccompanied by a parent or adult. Altonen said that was
correct and added that the curfew rules apply to kids who are outside. She clarified that
although the Police Department does not receive very many calls to 3rd Lair, they do
receive a fair amount of calls from surrounding businesses regarding unaccompanied
children and children skateboarding and gathering in large groups.
Waldhauser opened the public hearing.
Matt Parrish, Part Owner of 3rd Lair, stated that he moved to Minnesota nine years ago
and has been taking his son to 3rd Lair for five years. He stated that parents are nervous
when they first bring their kids to 3rd Lair but after watching the staff with their kids they
feel comfortable. He stated the Chief Altonen has admittedly never been to their facility
and is making her decisions based on their website while hundreds of parents every week
make the decision that this is a safe environment for their kids based on actual
experience and interaction at 3rd Lair. He stated that about a year ago Muller and
Rodriguez came to him because 3rd Lair was struggling in the hard economy and over the
last year they have really been working hard to sustain their business. He said closing at
9 pm as opposed to midnight, not being allowed to have all-nighter events and reducing
the size of their skate park probably won't shut them down, but all of those things hurt
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 6
their business. He said he wants to be allowed to be creative and to be productive so they
can keep doing all of things they do for Golden Valley.
Shaun Vanvark, Andover, said his family goes to 3rd Lair quite often. He said it is a safe
and clean place and Mr. Muller is adamant about keeping the place clean. He said a
couple of observations he's made is that the crowd after 9 pm tends to be older kids
which is a revenue stream for them. He referred to all-nighters and said they are well
supervised and are a great, fun thing these kids are into. He stated that surrounding
businesses really do benefit from people spending money in this area and he is one of
many families spending a lot of money in Golden Valley. He said he appreciates the City's
efforts to make sure fire codes, etc. are up to date but he hopes what has gone on in the
past hopefully won't be a punishment issue but that 3rd Lair can stay open and be viable
and a benefit to Golden Valley.
Jackson Parrish. 2725 Cabaline Trail, Hamel, said he is 10 years old and has been
skating at 3rd Lair for five years. He said he has met most of his friends at 3rd Lair and
everyone who works there cares and is supportive of him and his friends by cheering
them on at contests and teaching them new tricks. He asked the Commission to please
help 3rd Lair because it is his favorite place to be.
Troy Mosen, said his son also skates at 3rd Lair and he has no problem leaving him there
alone because it is a good place for kids to hang out. He agreed that 3rd Lair brings a lot
of money to the local businesses in Golden Valley area and hopes the Commission
considers that when making their decision.
Kristin Parrish, 2725 Cabaline Trail, Hamel, said she works with youth service
organizations and knows there are cities that are funding programs that provide what 3rd
Lair provides to this community.
Mike Crawford, 46445 Krafts Point Road, Cable. WI, said he runs a summer camp for
skateboarding and gymnastics and he has never worked with a group of people that
genuinely care for kids as much as the people at 3rd Lair do. He said the all-nighter events
are a huge part of what skate parks do. He said it would be a great shame if 3rd Lair had
to close.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public
hearing.
Cera stated that the applicants are asking for their hours to be changed to 8 am to
midnight and noted that someone earlier mentioned that they don't open until 3 pm. He
asked for clarification on the hours of operation.
Rodriguez explained that during the week they have found that they don't have a lot of
business before 3 pm in the winter but their summer business is a whole different
dynamic. He explained their current hours and the various programs they offer now and
programs they would like to offer in the future. He reiterated that they would like to have
their hours be 8 am to midnight, plus the 25 all-nighter events per year.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 7
Grimes asked Rodriguez if they always have a 30-day advance notice for all of their park
rentals including private parties and all-nighters. Rodriguez said they could give the City a
30-day notice for the all-nighter events but they might not always have that much advance
notice for other park rentals. He said he feels that if they are allowed to have permission
for 25 all-night events per year that would work for their all-nighter events and their private
party park rentals.
Grimes asked about the youngest person 3rd Lair would let into their facility after 9 pm.
Muller said they leave that decision to the parents and to his knowledge there is not an
issue with curfew because the kids aren't out on the streets, they are in a private facility.
Kluchka said curfew is an issue of parent responsibility and is not relevant in this case so
they should stop talking about it. Waldhauser said that the curfew issue does have an
impact on the surrounding property owners.
McCarty said he doesn't doubt that the facility is safe but his concern is that they've
clearly violated their Conditional Use Permit and he is having a hard time supporting this
request based on their past actions.
Schmidgall said he wonders if 3rd Lair had come to them in the beginning and asked for
permission to have the all-nighter events if the Planning Commission would have
recommended approval. He suggested a trial period in which the City asks them to
comply with all the codes and maybe allow them to be open from 8 am to midnight, but
not allow the all-nighter events until there has been some forward movement.
Eck agreed that the violations should not have occurred but he has not heard one single
negative comment about this business. He said this business appears to be very positive
and if the hours can be worked out and the applicant's are sincere, he would support this
request.
Cera said there are four issues: 1) the parking, which seems to have been addressed, 2)
the regular business hours of 8 am to midnight, 3) the all-nighter events; and 4) approving
this request on a trial basis or for a certain period of time.
Grimes suggested the applicants submit a report to the City Council in 6 months that
explains how they've met the conditions of their Conditional Use Permit. In specific,
bringing the property "up to code" and having a definite parking agreement in place. He
explained that the City has a right to call these violations misdemeanors, or the City can
revoke the Conditional Use Permit. He told the applicants that the City cannot see
anymore violations. McCarty asked if there is a reason the Conditional Use Permit hasn't
been revoked. Grimes said staff generally likes to work with people rather than having to
go to court. He stated that the Planning Commission can recommend approval of the
requested amendment he just doesn't want to have unrealistic conditions put in place that
are impossible to enforce.
Waldhauser said her preference would be to approve the amendment as requested with
parameters and a set time to review everything again. She suggested to the applicants
that they establish an advisory board to help the business side of their operation.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 8
Kluchka agreed that the Commission should recommend approval for the extended hours
of 8 am to midnight. He suggested that the private rentals be required to obtain a permit
from the City in order to give the applicants some flexibility. He also suggested that there
be monitoring of their hours and their compliance with the fire code. Waldhauser thought
it would be difficult and would require much more advanced notice if a permit was to be
reviewed by staff every time the applicants have a private rental. Kluchka said the City
has nothing to do with their private events. Cera said he thinks the City and particularly
the Police need to know. Grimes suggested requiring 30-days notice for the all-nighter
events and a two week notice for the after hour park rentals. Kluchka suggested that the
applicants be required to give a two week notice for any event held after hours and not to
separate the all-nighter events from the private party rentals because that just
complicates things. Muller stated that they rarely have private rentals that go past
midnight. The applicants agreed that they could give a 30-day notice for their all-nighter
events and a two week notice for the after hour park rentals.
McCarty asked if the conditions they've been discussing would be in effect once 3rd Lair
complies with all the code issues. Anderson explained that the code issues have been
addressed with the architect but that nothing has been implemented yet. He added that
he thought June 1 would be a sufficient deadline to implement the code issues.
Schmidgall stated that the property is currently messy and unsightly. He told the
applicants that he wants them to understand that the Planning Commission is inclined to
give them the extended hours they're asking for, but he hopes they'll fulfill their end of the
deal and doesn't want to hear about the same issues six months from now.
MOVED by Cera, seconded by McCarty and motion carried unanimously to recommend
approval of the request for a Conditional Use Permit amendment with the following
conditions:
1. The parking area must allow space for a screened dumpster. The screened dumpster
must be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards, including
providing adequate handicapped-accessible parking.
3. A signed and notarized agreement for parking access must be obtained from the
owners of 715 Florida Avenue South. This document must allow the use of at least 21
parking spaces for the 3rd Lair. The document must be provided to the City by June 1,
2010.
4. Proof must be provided that 25 total striped stalls exist and are usable by June 1,2010.
5. The applicant must submit a report by June 1, 2010 showing that their property has
been brought into compliance with the Fire Code and the Building Code both indoors
and outdoors.
6. Operating hours shall be 8 am to midnight daily.
7. The City Manager shall be given a 30-day notice for "all-nighter events" and a two
week notice for all other after hour events/park rentals
8. The applicant must submit a written a report by September 1, 2010 regarding
compliance with their Conditional Use Permit including: parking, safety issues and
code compliance.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 9
--Short Recess--
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Kluchka gave a report on the February 16 City Council where all of the planning items
were approved.
Kluchka gave an update regarding Olson School and the District 281 Divestiture
Committee.
5. Other Business
No other business was discussed.
6. Adjournment
The meeting was adjourned at 9:04 pm.
Lester Eck, Secretary
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
February 22,2010
Present: Commissioners Anderson, Baker, Gitelis, Hill and Stremel; Joe Hogeboom
Planning Department; Sue Virnig, Director of Finance, AI Lundstrom,
Environmental Coordinator, Lisa Nesbitt, Administrative Assistant, and Peder
Sandhei, Minnesota Pollution Control Agency
Absent: Commissioner Pawluk
1. Call to Order
Baker called the meeting to order at 7:00 pm.
2. Approval of Regular Meeting Minutes - January 25, 2010
MOVED by Gitelis, seconded by Anderson, and the motion carried unanimously to approve
the minutes of the January 25, 2010 meeting.
3. Residential Solid Waste and Recycling Study
Sue Virnig, Finance Director, reviewed the city's recycling fund report.
Peder Sandhei, from the Minnesota Pollution Control Agency (MPCA) gave a presentation
on a study done by the MPCA on waste collection arrangements in metropolitan cities.
The Commission requested that staff organize a panel discussion between various
municipalities who offer different perspectives on the issue of waste collection.
Staff reported that the results from the collection study were still being compiled.
4. Program/Project Updates
A. TMDL - no changes
B. 1/1 - no changes
C. Private Development Update - With the closing of Hollywood Video,
applications are coming in for that space. Nothing firm yet.
D. Emerald Ash Borer - An interim management plan has been developed and
was shared with the commissioners.
E. MPCA Progress Repor t - The Green Team is reviewing/amending city codes
pertaining to wind energy, rain barrels and photovoltaic modules. A final draft
of the codes will be given to the commission for review.
Most of the raw data has been entered into the ICLEI system. Some
preliminary reports were given to the Commission
5. Commission Member Council Reports
None
6. Other Business
Sustainable Communities is sponsoring a workshop on March 12 - 13 for environmental
commission members and city officials from around the metro area.
Minutes of the Environmental Commission
February 22, 2010
Page 2 of 2
7. Adiourn
MOVED by Stremel, seconded by Hill, and the motion carried to adjourn.
The meeting adjourned at 8:55 pm. The next scheduled meeting will be March 22, 2010 at
7:00 pm.
Envision Connection Project
Board of Directors Meeting Minutes
February 25, 2010
Present: Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk
Marshall Tanick and Blair Tremere
Absent; Sharon Glover and Luke Weisberg (GVCEF Representative)
Staff: Jeanne Andre
The meeting began at 7: 15 pm in the Council Conference Room.
Approval of Minutes
Tremere/Lund moved to approve the minutes of January 21,2010 changing bandshell to
amphitheater in the final section. Motion carried.
Proposed Community Foundation/Non-Profit
To follow up the discussion with the Council a subgroup will meet to develop a charge for
the proposed transition group that will lay out the basis for the new Community
Foundation, including:
. Review of documents that will be the basis of the new foundation including the
Golden Valley Community Foundation Overview, Community Foundation Q & A,
draft Articles of Incorporation and By-Laws previously prepared by the Connection
Project Board and existing Articles of Incorporation and By-Laws of the Golden
Valley Community Events Fund.
. Determine whether and when to contact other community organizations and non-
profits and discuss how to relate to these groups.
. Identify next steps to launch GVCF including contact with foundations on services
they can provide, applying for grants and seed funding, and contacts with the
media.
The members suggested the transition team include Philip Lund, Luke Weisberg, Sharon
Glover, Helene Johnson, Dean Penk, Diane Nimmer, De De Scanlon and Scott Grayson.
Other members of the Golden Valley Human Services Foundation or folks who respond to
news articles on this topic who have special expertise on foundations could round out the
group. Linda Loomis will check with GVHSF to see if it recommends additional members.
Jeanne Andre will forward to Dean Penk names of folks who call in response to news
articles.
Dean Penk will set up a meeting, tentatively on Saturday, March 13 from 10 am to noon
to plan a kickoff for the transition team. Philip, Sharon, Helene, Blair, Luke and Dean plan
to attend.
Linda Loomis will ask the City Council to consider a resolution of support, as was
discussed at the January Council/Manager Meeting.
Envision Connection Project
Board of Directors Meeting Minutes
February 25, 2010 - Page 2
Bridge Builders
Lilac Project - The group met February 22 and set the 2010 planting date as October 2.
The planting area will be on the north side of Highway 55 from Boone Avenue to Highway
169. MnDOT staff is working on the initial landscaping plan. The committee is
emphasizing long-term maintenance of the plantings, working with adjacent property
owners in advance of the planting and trying to get businesses, churches and groups to
send planting teams.
Ice Cream Social - Dean Penk will contact Sebastian Joe's about supplying the ice
cream. Marshall Tanick will seek sponsors. Jeanne Andre will see if the Mom's Club will
help with publicity. The group discussed collaborating with Lupient on fans that publicize
both Lupient and the Connection Project.
Dog Park - Linda Loomis reported that the Humane Society has decided not to
participate in the dog park. She has dog park supporters who plan to approach the
Minneapolis Park Board about locating a dog park in Wirth Park. Marshall Tanick will
discuss the idea with Lisa Goodman from the Minneapolis City Council.
Buckthorn Busting - Blair Tremere is working with Jan Olfe and Cathy Waldhauser on
an educational meeting about buckthorn. He hopes to have an expert present information
in conjunction with a fun activity and perhaps a demonstration on removal. Brookview and
the Historical Society were suggested as venues that could allow for a practical on-site
demonstration of buckthorn removal.
Garden Club - Jeanne Andre reported that the group is working on a xerioscaping
demonstration project on right-of-way at Winsdale Avenue and Mendelssohn Road. They
have approached the City for permission to work in the right-of-way.
Neighbors Helping Neighbors - Jeanne Andre reported that the City is seeking
Community Development Block Grant Funds to help pay for materials needed for work for
low-income homeowners. She said the collaborating groups supplied nice letters of
support and plan to meet this spring to assess the project and solicit publicity.
Volunteers in the Valley - This project was discussed at the quarterly meeting. Dean
plans to bring together a group including Jenny, Marshall, Hilde and De De to work on the
concept. Jeanne Andre circulated information forwarded by Cara Fish, the woman who
organized the Interfaith Youth Leadership Coalition Day of Service program and
consulted by speaker phone with the Bridge Builders at the Quarterly Meeting.
Memorial Day Parade - Jeanne Andre circulated an email message from John Geise,
who would like to organize a short Memorial Day parade. City Manager Tom Burt asked if
this would be a good Bridge Builder activity. Members suggested that John could use
Bridge Builder tools such as i-neighbors to seek volunteers and participants for the
parade. However, they felt a better option would be to collaborate with the Valley Days
parade.
Bridge Builder Quarterly Meeting
Dean Penk reviewed the January 30 meeting. There was good energy and a great
presentation by Cara Fish about the Interfaith Youth Leadership Coalition Day of Service
and a tour of the Crisis Nursery. At the end of the meeting Dean asked for an evaluation
of the Quarterly Meeting format and got suggestions on the format of the meetings.
Envision Connection Project
Board of Directors Meeting Minutes
February 25, 2010 - Page 3
Aspects to Continue: Moving to various venues, the Saturday morning time slot and
treats.
Aspects to Consider Changing: Better communications and promotion (use of i-neighbors,
social media, alternatives to Internet (computer) communications, follow up with minutes
to let folks know what happened, organizing the meeting schedule.
Jeanne Andre reported on a suggestion from Cheryl Weiler that the organizers of
Quarterly Meetings consider the option of featuring a person who is a community jewel as
an alternative to a venue that is a community jewel. She was informed that Richard
Proudfit, founder of Kids Against Hunger, is a long-time resident of Golden Valley. The
group suggested that the next Quarterly Meeting be in June (exact date to be
determined), perhaps at an outside venue.
Valley Days
Philip Lund reported on Valley Days. He said the group is having more trouble with
fundraising in this economy. Since they raise funds a year in advance, this is not an
immediate problem, but could have an impact on 2011. Some new options under
consideration for the 2010 event are: expanding the classic car show, having a Sunday
bike ride, working with Perpich Center on a Golden Valley Idol concept and showcasing
Golden Valley bands after the parade.
125 Year Anniversary
Blair Tremere reported on the Brooklyn Center Birthday Party event he recently attended.
He said the event combines the celebration of the City's birthday with recognition of
volunteers and benefactors of the community. During the discussion it was noted that
2011 will be Golden Valley's 125 Year anniversary, which may merit celebratory activities.
The group decided to change the next meeting from March 18 to March 25. The meeting
ended at 9 pm.
Jeanne Andre, Assistant City Manager
Bassett Creek Watershed Management Commission
Minutes of the Meeting of February 18, 2010
1. Call to Order
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:38 a.m.,
Thursday, February 18,2010, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll
call.
Roll Call
Crystal
Golden Valley
Medicine Lake
Minneapolis
Minnetonka
New Hope
Plymouth
Robbinsdale
St. Louis Park
Also present:
Alternate Commissioner Stu Stockhaus
Commissioner Linda Loomis, Treasurer & incoming Chair
Alternate Commissioner Ted Hoshal
Commissioner Michael Welch, Chair & incoming Treasurer
Commissioner Kris Sundberg
Commissioner John Elder
Alternate Commissioner Liz Thornton
Not represented
Commissioner Jim deLambert
Counsel
Engineer
Recorder
Charlie LeFevere
Karen Chandler
Amy Herbert
Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park
Caroline Amplatz, Caroline's Kids Foundation
Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth
Jeannine Clancy, BCWMC Technical Advisory Committee, City of Golden Valley
Jack Frost, Metropolitan Council
Dave Hanson, Alternate Commissioner, City of Golden Valley
Bonnie Harper-Lore, Incoming Commissioner, City of Minnetonka
Kathi Hemken, Alternate Commissioner, City of New Hope
Ron Leaf, SEH, Inc.
Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal
Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Jim Renneberg, City of Plymouth
Justin Riss, Alternate Commissioner, City of St. Louis Park
AI Sarvi, Friends of Northwood Lake Association
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
2. Approval of Agenda and Consent Agenda
Chair Welch requested the addition of item SC - Theodore Wirth Golf Course Bridge Replacement in
Golden Valley - and item 6G - Education Grant Reimbursement Request from Meadowbrook
Elementary School. Commissioner Sundberg moved to approve the Agenda as amended. Acting
Commissioner Thornton seconded the motion. The motion carried unanimously [City of Robbinsdale
absent from the vote]. Chair Welch removed the financial statement from the Consent Agenda.
Commissioner Loomis removed the minutes and Mr. LeFevere removed the counsel communications
from the Consent Agenda. Chair Welch announced there is no Consent Agenda for the meeting.
3. Citizen Input on Non-Agenda Items
No citizen input on non-agenda items.
4. Administration
A. Presentation of the January 21, 2010, BCWMC meeting minutes. Commissioner Loomis requested
that the minutes be amended on page 3 under item 5B to state that "the City of Golden Valley has
already mitigated for the loss of storage on the site..." Commissioner Loomis asked for
clarification on page 4 item 6B on who seconded the motion since the minutes reflect that
Commissioner Langsdorf moved and seconded. The minutes were amended to reflect that
Commissioner Loomis seconded the motion. Chair WeIch requested that the minutes be amended
on page 3 in item 4C to indicate the correct number of votes in favor and number of votes absent
on the vote. The minutes were amended to reflect that eight votes were in favor of the motion and
that the City of Minnetonka was absent from the vote. Commissioner Loomis moved to approve
the minutes as amended. Commissioner Elder seconded the motion. The motion carried
unanimously [City of Robbinsdale absent from the vote].
B. Presentation of the Financial Statement. Chair WeIch announced that an updated financial report
had been handed out at the meeting. He said he pulled the financial report because the
Commission is at the end of its fiscal year, which ended January 31, 2010. Chair WeIch said some
of today's invoices will be paid from the 2009 budget. He said he wanted to point out the overall
budget numbers. Commissioner Loomis said the updated report handed out today corrected two
dates on the report. Ms. Herbert added that the updated report also shows check number 2228 for
$60 to the City of Plymouth for the Yard and Garden Expo participation, which was approved by
the Commission in January.
The general and construction account balances reported in the February 2010 Financial Report
are as follows:
Checking Account Balance
TOTAL GENERAL FUND BALANCE
733,221.10
733,221.10
Construction Account Cash Balance
Investment due 10/18/2010
Investment due 1/21/2015
TOTAL CONSTRUCTION ACCOUNT BALANCE
-Less: Reserved for CIP projects
Construction cash/ investments available for projects
2,573,051.99
533,957.50
500,000.00
3,607,009.49
3,291,191.22
315,818.27
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Kennedy & Graven - Legal Services through December 31, 2010 - invoice for
the amount of $2,456.45.
ii. Barr Engineering Company - January Engineering Services - invoice for the
amount of $42,565.38.
iii. Amy Herbert - January Administrator Services - invoice for the amount of
$2,744.38.
iv. Liz Thornton - Education! Public Outreach - teacher focus group catering -
invoice for the amount of $120.16.
v. Pauline Langsdorf - Education! Public Outreach - teacher focus group supplies-
invoice for the amount of $41.88.
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vi. Springsted, Inc. - Professional Services for Administrator Contractor- invoice for
the amount of $1,500.
vii. D'amico Catering - January 2010 meeting catering - invoice for the amount of
$379.75.
viii. D'amico Catering - February 2010 meeting catering - invoice for the amount of
$370.74.
ix. Margie Vigoren - BWSR Education Workshop Meal- invoice for the amount of
$14.22.
x. Metropolitan Council - 2009 CAMP Participation - invoice for the amount of
$1,390.00.
Commissioner Loomis had questions about the Barr Engineering Company invoice and the
Metropolitan Council Invoice. Chair Welch pulled those two invoices from the roll call vote.
Commissioner Loomis moved to approve invoices i and iii - ix. Acting Commissioner Thornton
seconded the motion. By call of roll, the motion carried unanimously [City of Robbinsdale absent
from vote].
Commissioner Loomis asked for clarification on page 3 of Barr Engineering Company's invoice under
Commission Meetings regarding which meeting Len Kremer attended since he was not at the January
21 st BCWMC meeting. Ms. Chandler responded that the meeting charge would either be for Mr.
Kremer attending the January 2010 T A C meeting and! or charges for Barr's preparation for the T AC
and Commission meetings in January. Commissioner Loomis moved to approve the invoice on the
condition that Barr clarify the charge and that it was for attending the January TAC meeting or
meeting preparation and that Barr respond back to Commissioner Loomis by tomorrow.
Commissioner Elder seconded the motion. By call of roll, the motion carried unanimously [City of
Robbinsdale absent from vote].
Commissioner Loomis asked about the past due charge on the invoice from the Metropolitan Council.
Ms. Herbert responded that the charge has been removed by the Metropolitan Council and the
amount due is the amount listed on the invoice for the 2009 participation in the CAMP program.
Commissioner Loomis moved to approve the invoice. Commissioner Elder seconded the motion. The
motion carried unanimously [City of Robbinsdale absent from vote].
D. Review 2010 Engineering Budget. Chair Welch reminded the Commission that the 2010 budget
was previously approved and that the memo on the 2010 engineering budget serves as a reminder
of the anticipated expenditures. Ms. Chandler asked that the Commission direct Barr and Ms.
Herbert to begin working on the BCWMC's 2009 annual report and also to direct Barr to
complete the WOMP work. Chair Welch moved to authorize the Commission Engineer and the
Recorder to begin preparation of the annual report, for Ms. Herbert to add to the March meeting
agenda a review of the annual report format, for Barr to prepare a memo for the March meeting
packet reminding the Commission that the annual report is posted on the BCWMC's Web site,
and for Barr to perform the WOMP support tasks. Commissioner Sundberg seconded the motion.
The motion carried unanimously [City of Robbinsdale absent from vote].
E. Participation in 2010 CAMP. Acting Commissioner Thornton moved to approve participating in
the 2010 CAMP Program for the four lakes monitored in 2009 including: Northwood, Parkers,
Sweeney (South), and Westwood. Commissioner Loomis seconded the motion. Acting
Commissioner Hoshal moved to amend the motion to include the monitoring of Hidden Lake in
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BCWMC February 18, 2010 Meeting Minutes
the 2010 CAMP program. Commissioner Loomis seconded the amendment. The amendment
failed to carry with one vote in favor of the amendment [City of Medicine Lake] and seven votes
against. Mr. Oliver commented that he didn't think additional lakes should be added to the CAMP
program at the additional expense without discussion of the merits of the additional monitoring
from the overall watershed perspective. He recommended that the idea of adding additional lakes
to the 2010 CAMP program be forwarded to the TAC for its discussion and recommendation to
the Commission. Chair Welch called a vote on the original motion. The motion carried
unanimously [City of Robbinsdale absent from vote]. The Commission directed the TAC to
discuss the idea of adding Hidden Lake and/or Medicine Lake to the BCWMC's participation in
the CAMP program.
F. Review BCWMC's CIP Reserve Account Policy. Chair Welch summarized that this policy caps
the CIP reserve amount at $250,000 and that the BCWMC has directed itself to review the policy
each year. No commissioner recommended changes.
G. Organizational Meeting
i. Appointment of Chair: Kris Sundberg nominated Linda Loomis as Chair. By call of roll,
the motion to elect Linda Loomis as Chair carried with seven votes in favor [City of
Golden Valley abstained from the vote and City of Robbinsdale absent].
ii. Appointment of Vice Chair: Commissioner Welch nominated Ginny Black as Vice Chair.
By call of roll, the motion to elect Ginny Black as Vice Chair carried with eight votes in
favor [City of Robbinsdale absent from the vote].
iii. Appointment of Treasurer and Secretary: Acting Commissioner Thornton nominated
Michael Welch as Treasurer and Commissioner Elder nominated Pauline Langsdorf as
Secretary. By call of roll, the motion to elect Michael Welch as Treasurer and Pauline
Langsdorf as Secretary carried with eight votes in favor [City of Robbinsdale absent from
the vote].
iv. Appointment of the Budget Committee: The Commission agreed that the Budget
Committee would be the four officers of the BCWMC and Commissioner deLambert and
Commissioner Elder.
5. New Business
A. South Shore Drive Bridge (DNR Permit Application). Ms. Chandler explained that the bridge
is located just downstream of Medicine Lake and is a deteriorating wooden structure that needs
replacing. She said it will be part of a larger project for South Shore Drive but the bridge
replacement is in front of the Commission because the bridge is within the Bassett Creek
floodplain and because the City of Plymouth has applied for a public waters work permit from the
Department of Natural Resources. She stated that there is a comment period currently underway
and the DNR has asked for the Commission's comments.
Ms. Chandler said the Commission Engineer's comments pertain to the floodplain. She said the
design needs to show a bridge at a little higher elevation than the preliminary design indicated and
the design needs to be based on the higher flood level at the upstream side. Ms. Chandler said
there may be some issues with getting the elevation as high as the Commission Engineer would
like, which is one foot above the 100-year flood level. She said if the lowest member of the bridge
can be raised to be one foot above the 100-year flood elevation then the project would not need to
come back in front of the Commission. Ms. Chandler said if the design comes back and the lowest
member of the bridge is not one foot above the 100-year flood elevation or if there is a proposal for
fill, then the project will come back in front of the Commission.
Ms. Chandler said the Commission Engineer recommends conditional approval of the permit with
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BCWMC February 18, 2010 Meeting Minutes
4
the conditions A - G in the memo and with a minor correction to item C so that item C reads
". ..fill in the floodplain including rip rap and filter."
Chair Welch asked for clarification on the one-foot freeboard and asked if it is a requirement of
the Commission meaning that if it is not met it would require a variance. Ms. Chandler said she is
trying to contact Jim Herbert of Barr for that clarification but has not yet reached him. She noted
that the memo for agenda item 5C for the Theodore Wirth Golf Course Bridge, which has the
same technical issue for the flood elevation, is written in a manner that implies the one-foot
specification is a recommendation as opposed to a requirement.
Chair Loomis asked Derek Asche if the City could wait for a decision until the Commission
receives more information about its requirements. Ms. Chandler said the Commission does need to
submit comments to the DNR at this time. Commissioner Welch moved approval of the permit
with the conditions listed in the Engineer's Memo and condition C amended as described by Ms.
Chandler and the removal of the second sentence in condition A. Commissioner Elder seconded
the motion. Ms. Loomis added that she assumes the motion also directs staff to submit the
comments to the DNR. The motion carried unanimously [City of Robbinsdale absent from vote].
B. 2010 Golden Valley Pavement Management Plan. Ms. Chandler said the project is in front of the
Commission because it is a street reconstruction project larger than five acres. She said there are
over 14 acres that will be disturbed and the project comprises street repaving, curb and gutter,
and the construction of one rain garden. Ms. Chandler reported that the project will result in a 1.3
acre reduction in impervious surface. She said the city is constructing six sump manholes to trap
sediment and one rain garden. Ms. Chandler said the Commission Engineer recommends
approval based on comments A - D in the Engineer's Memo with a revision to item C worded as
follows, "The City should review downstream water quality ponds for the potential to improve
phosphorus removal capabilities." Chair Welch asked for a change in the wording from pond to
treatment facility. Acting Commissioner Thornton seconded the motion. The motion carried
unanimously [City of Robbinsdale absent from vote].
C. Theodore Wirth Golf Course Bridge Replacement: Golden Valley. Ms. Chandler said that
the bridge is located on the golf course in Wirth Park. She said the applicant is the Metropolitan
Council and that as part of a project it is conducting on sanitary sewers in the area, the Met
Council is replacing this bridge. Ms. Chandler said the project is in front of the Commission
because it is within the Bassett Creek floodplain, which is 400 feet wide at this location. She said
the bridge is currently one-foot below the 100-year floodplain elevation and the original proposal
was to replace the bridge at a higher elevation. However, she said, that upon further investigation
it was discovered that in order to raise the bridge to the elevation of one-foot above the 100-year
flood plain level a lot of fill would need to be added to the floodplain. Ms. Chandler said in this
case the Commission Engineer believes it would be better for the bridge to be replaced at its
existing elevation because there would be less blockage of the flow than if the additional fill were
added. She reported that the Commission Engineer's recommendation is to approve replacing the
bridge at its current elevation, based on the conditions A-F listed on page two of the Engineer's
memo and paying special attention to condition B that the trail coming up to the bridge does not
get raised.
Commissioner Welch wanted to know the status of the DNR permit. He also wondered if the other
bridge next to this one is at the same height. Ms. Chandler responded if the replacement bridge is
kept at the same elevation as current elevation, there would be no impact on the downstream
bridge. Commissioner Welch said there could be either Commission or DNR issues if the other
bridge is not at the elevation that is Commission or DNR standards! policy. He asked if the one
foot freeboard is a requirement and commented that it makes sense to have it to give more
clearance under the bridge to prevent possible jams under the bridge that cause more flooding.
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Commissioner Welch commented that this is a complicated project to come to the Commission
only a couple of days prior to the meeting. Ms. Chandler responded that this project was originally
intended by the Commission Engineer to come in front of the Commission at its March meeting
but because of the timing and status of the project design the Commission Engineer felt the
Commission should have the opportunity to provide input now.
Mr. Oliver said the City of Golden Valley has been working with MCES for five months on this
project. He said the city's greatest concern is flood elevation impacts and there are homes
upstream that are above the flood plain only marginally and the city's opinion is that replacing the
bridge at current elevation is the best possible solution. Mr. Oliver added that it is an altered
natural watercourse so the DNR is not involved and the area is not under DNR protection. Mr.
Oliver asked for a Commission decision today.
Ms. Sundberg moved approval of the project with the conditions listed by Barr Engineering in the
memo. Mr. Stockhaus seconded the motion. Commissioner Welch said he is not going to support
this motion because it is still unclear to him whether the Commission is varying from Commission
requirements and he thinks the Commission should not do that without an understanding of what
the Commission's requirements are and the procedures for the Commission to vary from them
because it sets a bad precedent.
Commissioner deLambert asked for clarification on what precedent the Commission is concerned
about setting. Commissioner Welch said it is unclear whether the one foot elevation above the 100-
year flood elevation is actually a requirement, meaning the Commission would need to go through
a variance process. Chair Loomis asked if Commissioner Welch wanted to add a condition. Chair
Welch moved to amend the motion that the approval be contingent on confirming that the one
foot elevation above the 100-year flood elevation is not a required condition of the Commission.
Commissioners Sundberg and Stockhaus approved the friendly amendment. The motion carried
unanimously [City of Robbinsdale absent from the vote].
6. Old Business
A. 2009 Water Quality Monitoring Activities
i. 2009 Lake Water Quality Study: Sweeney Lake, Twin Lake, Northwood Lake,
North Rice Pond and South Rice Pond. Ms. Chandler said she wanted to focus on the
results for Twin Lake because the Commission Engineer does have some recommendations
for the Commission. She reminded the Commission that the water quality data from Twin
Lake in 2008 showed degradation and so the Commission authorized additional
monitoring of Twin Lake for 2009. Ms. Chandler said the 2009 data showed even more
degradation of the water quality. She said the Commission Engineer recommends taking
some more measurements, two water quality samples, in February and March before ice
out and collecting sediment samples in the summer of 2010. She said the sediment samples
will help determine the potential amount of phosphorus that can be released from the
bottom sediments of the lake and will provide information to help determine the cost to
minimize or to treat the sediments. Commissioner Welch moved to accept the report and
post it on the Web site and to approve the additional measurements with the cost not to
exceed $4,000 and a report to the Commission as soon as possible and the sediment
sampling with the cost not to exceed $4,500. Commissioner Sundberg seconded the motion.
The motion carried unanimously [City of Robbinsdale absent from the vote]. The
Commission decided in the interest of time to move on to the next agenda item. Ms.
Chandler said if anyone has questions on the data for the other lakes monitored to contact
her.
ii. 2008-2009 Biotic Index Evaluation of Bassett Creek and Plymouth Creek. Ms.
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Chandler stated that in 2009 the Minnesota Pollution Control Agency (MPCA) was
supposed to monitor the Main Stem of Bassett Creek and Barr Engineering staff was
assigned to conduct the biological monitoring of Plymouth Creek and the North and
Sweeney Branches. She said that Barr Engineering found out in the fall of 2009 that the
MPCA did not conduct the biological monitoring of the Main Stem for some unknown
reason. Ms. Chandler reported that the North Branch data showed a significant decline in
water quality as indicated by the biotic index. She said the Commission Engineer thinks
the decline is due to the low oxygen and low flow due to climatic conditions. Ms. Chandler
said the Commission Engineer recommends conducting the monitoring again on the
regular schedule, which would be in three to five years. Commissioner Welch moved to
accept the report and authorize Ms. Herbert to post it on the Web site. Ms. Thornton
seconded the motion. The motion carried unanimously [City of Robbinsdale absent from
vote].
B. Review of Robbinsdale Local Surface Water Management Plan. Ms. Chandler reminded the
Commission that it received the draft plan from the City of Robbinsdale and that the Commission
authorized Barr Engineering to conduct the review. She said Barr reviewed the plan and the
review memorandum was in the meeting packet. Ms. Chandler summarized that overall the City
of Robbinsdale is meeting the majority of the Commission's requirements and pointed out a few
issues that the City needs to address. She said the Commission Engineer recommends that the
Commission forward the comments on to the City of Robbinsdale and then when the Commission
receives comments back from the City that the Commission at that time would consider approving
the plan. Commissioner Sundberg moved to forward the comments on to the City of Robbinsdale.
Acting Commissioner Hoshal seconded the motion. The motion carried unanimously [City of
Robbinsdale absent from vote].
C. Update on Cultural Resources Review Process for Resource Management Plan (RMP).
Ms. Chandler reminded the Commission that it directed Barr Engineering to draft protocols for
cultural resources reviews of RMP projects. She said the protocols were sent out with the meeting
packet for Commission review. Ms. Chandler said the Commission Engineer recommends sending
the draft protocols to Tamara Cameron and Joe Vanta of the U.S. Army Corps for their feedback
and if they respond positively then to incorporate the protocols into the RMP. Commissioner
Welch agreed that getting informal feedback first should be the next step and then if the feedback
is not positive then the Commission Engineer should bring the issue back to the Commission.
Commissioner Welch questioned the protocol that there will be a 100-foot wide area of review
around the project site. He said he thinks the Commission needs the focus of the review to be on
the project area instead of expanding the area of analysis. Chair Loomis directed staff to cross off
the references to the 100-foot wide area around the project. Commissioner Welch moved to
authorize staff to forward the protocols, amended as discussed, for informal feedback to the Corps
and if the feedback is positive then to incorporate the protocols into the RMP and to submit to the
Corps for approval. Commissioner deLambert seconded the motion. The motion carried
unanimously [City of Robbinsdale absent from vote].
D. TMDL Updates
i. Wirth Lake TMDL. Ms. Chandler reported that the public meeting will be set up after
the TMDL goes out, which should be in approximately two weeks.
ii. Sweeney Lake TMDL. Chair Loomis commented that she was disturbed when the state
agency held a meeting and did not want any of the MS4s at the meeting.. Ron Leaf of SEH,
Inc. reported that he met with the MPCA on February 9th to discuss the Sweeney Lake
TMDL and did ask the MPCA to invite the MS4s but the MPCA said it wanted at that
meeting to focus on issues with a smaller technical team, which was composed of Brooke
#249527 vI
7
BCWMC February 18,2010 Meeting Minutes
Asleson, John Erdmann, and Mike Trojan of the MPCA, Keith Pilgrim and Len Kremer
of Barr Engineering, and himself. Mr. Leaf explained that the focus was to look at the
relative distribution of internal versus external load reductions and how were those load
distributions reached. He said that Mr. Erdmann explained that the MPCA's concern is
that the watershed load reduction that would be the responsibility of the MS4s is too small
relative to the internal load reduction. The MPCA was not comfortable with the amount of
regulatory control it had through its permit program because it wouldn't have the
regulatory mechanism to enforce the internal load reductions. He said the MPCA was also
concerned with the reasonable assurance process. Mr. Leaf said the MPCA was more
comfortable with an external phosphorus load reduction on the order of 140 to 160 pounds
and then using chemical treatment system as an added level of margin of safety, which is
an increase over the 99 pounds of external load reduction currently in the TMDL. He said
the MPCA said it thinks the U.S. Environmental Protection Agency (EPA) will push back
on the 99 pounds number and that the number should be bumped up. Mr. Leaf said that
for the purposes of today's discussion he picked the number of 150 pounds, which is 22%,
for the external load reduction. Mr. Leaf asked the Commission if it wants to move
forward with changing the external load reduction to 140 or 150 pounds and then
submitting the TMDL to the MPCA for review or if it wants to hold a meeting with the
MS4s and the MPCA to discuss the MPCA's recommendations further. Ms. Clancy said
that the City of Golden Valley would like to meet with the MPCA. Commissioner Welch
recommended having Chair Loomis attend the meeting on behalf of the Commission and
having Commission staff attend the meeting. Mr. Leaf said SEH, Inc. will move ahead
with making the other changes to the TMDL that were recommended and to get the
meeting with the MPCA scheduled. Chair Welch moved that the Commission direct its
consultant for the Sweeney Lake TMDL project to contact the MPCA to set up a meeting
to review the proposed revisions to the draft TMDL with the MS4s and Commission
representatives. Commissioner Stockhaus seconded the motion. Ms. Clancy said that one
of the items that will come up when the public process begins is who is going to pay for the
improvements. She asked if the Commission would start thinking about the funding
process. The motion carried unanimously [City of Robbinsdale absent from vote].
iii. Medicine Lake TMDL. Commissioner Welch said that Brooke Asleson told him that the
Commission should receive the TMDL by tomorrow. Commissioner Welch volunteered to
call Ms. Asleson, if the Commission does not receive the TMDL by tomorrow, to ask her
what it would take to get the TMDL completed.
[Commissioner Elder departs the meeting]
E. BWSR Clean Water Fund Grant and BCWMC CIP Projects
i. Grant A ward and Future Process. Ms. Chandler reported that it looks like the total grant
awards for the two projects will be $650,000, which would be $360, 000 from the BWSR
Clean Water Fund Grant and the rest coming from Hennepin County to the two cities for
the projects. She said the grant agreement is being prepared and will need to be signed by
the Commission. Ms. Chandler said the Commission needs to complete a work plan, which
likely will be due in the end of April. She said once the Commission receives the funds, it
will be required to submit project updates every six months through BWSR's eLink
system. Ms. Chandler said the Commission Engineer recommends that the Commission
direct staff to prepare the draft work plan for the BWSR grant and to coordinate with the
cities of Golden Valley and Plymouth as necessary to prepare it. Commissioner Thornton
moved to approve staff to prepare the draft work plan. Commissioner Welch seconded the
motion. The motion carried unanimously [Cities of New Hope and Robbinsdale absent
from vote].
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BCWMC February 18, 2010 Meeting Minutes
ii. BCWMC CIP Project Schedule. Ms. Chandler said the Commission could choose to
reduce its ad valorem tax levy for 2011 to reflect the incoming grant funds or could
accelerate its CIP project schedule. She said the Commission Engineer had one
recommendation for a project to accelerate, which would be moving the North Branch
channel restoration to 2011 from 2012 dependent on the City being prepared to move up
the project. She said accelerating projects would mean the watershed would receive the
water quality benefits sooner and also the Commission may stand a better chance to
receive future water quality grants since it shows that when the Commission is awarded
grants it gets more projects completed sooner. Ms. Chandler added that the bids are
favorable in this economic climate.
Ms. Chandler reminded the Commission that the Commission needs to do a minor plan
amendment for the 2011 CIP projects and if a CIP project is advanced then it needs to be
included in the minor plan amendment. She said the Commission Engineer recommends
submitting the minor plan amendment in early April. Ms. Chandler said the Commission
Engineer thinks the Commission can add the Wirth Lake outlet structure modification,
which is part of the TMDL, since the money is already available.
Chair Welch recommended that the Commission form a new committee that includes
members of the Commission and the TAC that starts to draft a priority list of projects in
light of the fact that the Commission has agreed to lead the categorical TMDL. Ms. Clancy
recommended the Commission and the TAC review the prioritization process that was
undertaken when the BCWMC's CIP was created. Mr. Oliver mentioned that given the
number of items given by the Commission to the T A C for discussion that the T A C may
need to start meeting more often, such as monthly.
Commissioner Sundberg moved that the Commission accelerate its CIP and that the TAC
discuss which project to advance. Commissioner Welch seconded the motion. The motion
carried unanimously [Cities of New Hope and Robbinsdale absent from vote]. Ms.
Chandler asked the Commission to direct staff to prepare the draft minor plan
amendment for the Main Stem project and the Wirth Lake outlet, which could be revised
to add a third project if the Commission decides to advance the North Branch or other
project. Commission Welch moved to authorize staff to prepare the draft minor plan
amendment. Acting Commissioner Hoshal seconded the motion. The motion carried
unanimously [Cities of New Hope and Robbinsdale absent from vote].
F. Administrative Services Committee Update - Contractor Position. Chair Loomis reported that
the Administrative Services Committee interviewed three individuals and felt that one of those
individuals was a good match for the contractor position. She stated that the Committee checked
the references of that one individual and the references were all positive. Chair Loomis asked if
the Commission would want the individual to come to the next Commission meeting to meet with
the full Commission. The Commission agreed it would like to meet and talk with the individual at
the March meeting. Chair Loomis said the Administrative Services Committee would contact the
individual to set it up. Commissioner Welch reminded the Commission that a contract would
need to be drawn up and submitted to the Commission for approval. Chair Loomis said the
Commission could authorize the Committee to negotiate the terms of the contract with the
individual. Mr. LeFevere said the Committee could see if it can reach an agreement of terms with
the individual and could present the terms at the March meeting. Chair Loomis directed staff to
prepare a boilerplate contract for the March meeting.
G. Meadowbrook Elementary Education Grant Reimbursement Request. Chair Loomis
recommended that the Commission defer the discussion of this reimbursement request until after
the grantee has communicated to the Commission that the work described in the grant application
has been completed. The item was deferred.
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BCWMC February 18,2010 Meeting Minutes
7. Communications
A. Chair: No Communications
B. Commissioners:
i. Commissioner Welch asked if the Commission is interested in hearing a presentation about
how a biota TMDL would proceed. The Commission agreed it is interested and would like to
hear the presentation this summer.
ii. Commissioner Welch encouraged any commissioner that could attend next Thursday's BWSR
listening session at the Capitol Region Watershed offices to attend.
C. Committees: No communications.
D. Counsel:
i. Mr. LeFevere reported that it appears that the Minnesota Ball Park Authority easement for
the tunnel will work out satisfactorily for all parties and signatures are currently being
obtained. He said he will report on it when it is finalized. Mr. LeFevere said he and Barr are
preparing an invoice to submit to the BPA for BCWMC legal and engineering work and
review completed in regard to the easement issue.
ii. Mr. LeFevere said Shingle Creek! West Mississippi WMO has been talking to Brad Wozney of
BWSR about a process to allow items to be added or amended to the CIP without going
through the plan amendment process. He said BWSR suggested a hybrid process and now
Shingle Creek! West Mississippi is trying to set up a meeting with BWSR to explore the idea
further. Mr. LeFevere said he will attend that meeting on behalf of Shingle Creek I West
Mississippi and if the Commission approves, he will also attend on behalf of the Commission
and will represent its interests. Commissioner Welch said he is also interested in attending the
meeting. Mr. LeFevere said he thinks it is a good idea and thinks it is a good idea for Ms.
Chandler to attend as well. Chair Loomis said she didn't hear any objections and authorized
Mr. LeFevere to attend the meeting and represent the Commission.
E. Engineer: No communications.
9. Adjournment
Chair Loomis adjourned the meeting at 3:05 p.m.
Linda Loomis, Chair
Date
Amy Herbert, Recorder
Date
Pauline Langsdorf, Secretary
Date
10
#249527 vI
BCWMC February 18,2010 Meeting Minutes
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Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. E. 1. Purchase One Ford F150 Pickup Truck
Prepared By
Jeannine Clancy, Director of Public Works
Bert Tracy, Public Works Maintenance Manager
Summary
The 2010-2014 Capital Improvement Program, Water and Sanitary Sewer, includes $34,000
for the purchase of one pickup truck, equipment, and setup (W&SS-019, page 100).
The replaced pickup truck meets replacement criteria set forth in the City's vehicle
replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to
assess all vehicles and equipment scheduled for replacement, and any vehicle/equipment
scoring 23 to 27 points meets the category of "qualifies for replacement." The pickup truck
due for replacement scored 26 points
The purchases will be made under the State of Minnesota Light Truck Contract 440139, Elk
River Ford. The contract is on file in the Vehicle Maintenance Division.
The Minnesota Materials Management Division has awarded the following contract:
Contract No. I Item I Vendor Amount
440139 I Ford F150 I Elk River Ford $24,366.40
Transit Improvement Excise Tax 20.00
Subtotal $24,386.40
Sales Tax 1,675.19
TOTAL PURCHASE $26,061.59
Recommended Action
Motion to authorize the purchase of one Ford F150 pickup truck from Elk River Ford for
$26,061.59.
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Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. F. Authorize Grant Agreement with Hennepin County Department of Environmental
Services for Bassett Creek Main Stem Stream Bank Restoration Project
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
On September 17, 2009, the Bassett Creek Watershed Management Commission (BCWMC)
received a feasibility report prepared by Barr Engineering Company for the Bassett Creek
Main Stem Stream Bank Restoration Project within the limits of Crystal and Golden Valley. At
the meeting, BCWMC adopted a resolution ordering the project. In addition, the resolution
provided for $636,100 funding for the project and directed the City of Golden Valley to
construct it.
On March 16, 2010, the City Council authorized cooperative agreements with the City of
Crystal, BCWMC, and WSB & Associates, Inc. to complete a Bassett Creek Main Stem
Stream Bank Restoration Project.
In addition to the above-mentioned agreements, the City of Golden Valley has been approved
for a grant from Hennepin County for the Bassett Creek Main Stem Stream Bank Restoration
Project in the amount of $135,000. This grant will reduce the financing that the BCWMC will
need to levy in order to fund the project.
Attachments
Riparian Restoration and Stream Bank Stabilization Grant Agreement Between the City of
Golden Valley and the Hennepin County Department of Environmental Services (6 pages)
Recommended Action
Motion authorizing the Mayor and City Manager sign the Riparian Restoration and Stream
Bank Stabilization Grant Agreement Between the City of Golden Valley and the Hennepin
County Department of Environmental Services in the amount of $135,000.
BAR 10-0088
Contract No. AI00127
RIPARIAN RESTORATION AND STREAM BANK STABILIZATION GRANT AGREEMENT
BETWEEN THE CITY OF GOLDEN VALLEY AND THE
HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES
This Agreement is between the County of Hennepin, State of Minnesota ("County") at A2300 Government Center,
Minneapolis, MN 55487 by its Department of Environmental Services, 417 North Fifth Street, Suite 200,
Minneapolis, Minnesota, 55401-3206 ("Departmenf') and the City of Golden Valley ("Grantee") with offices
located at.7800 Golden Valley Road, Golden Valley, MN 55427-4588
Grantee has submitted an application to the County for a grant to be used for the implementation of stabilizing and
restoring Bassett Creek for 5,100 feet from the Golden Valley-Crystal city boundary (approximately 1,600 feet
upstream of Highway 100) to Regent Avenue in the City of Golden Valley. The application is incorporated into this
Agreement by reference.
The parties agree as follows:
1. GRANT AMOUNT AND COMPLETION
The County shall grant to Grantee a sum not to exceed One Hundred and Thirty Five Thousand Dollars
($135,000.00) which funds shall be only for expenses incurred in performing activities specified in the Application
and as may be further described in Exhibit A to this Agreement or as approved by the County. Approved
stabilization and restoration activities as may be described in the application and Exhibit A are referred to as the
"Project". Administrative costs incurred by Grantee are not eligible for reimbursement.
Grantee shall complete the Project before December 31, 2011 and within the terms stated herein. Any material
change in the scope of the Project, including time schedule and budget, must be approved in writing by the County.
Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing such
purposes and activities described in the Application and this Agreement.
2. ACCOUNTING AND RECORD KEEPING
For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial records including
properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and
propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting
principles.
The County, the State Auditor, or any of their duly authorized representatives at any time during normal business
hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices
and procedures of Grantee and involve transactions relating to this Agreement. Such materials shall be maintained
and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after
its termination or cancellation.
3. P A YMENT/DISBURSEMENT SCHEDULE
County will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the
County, submitted by Grantee and approved by the County. Payment requests can be submitted once per month and
must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to
verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the
County will disburse the requested amount to Grantee within six (6) weeks after receipt of a written disbursement
request.
HeAO Form 101 2009 (Revised 8/08)
1
4. REPORTING
Grantee shall submit to the County semi-annual progress reports on the distribution of funds and the progress of the
Project. The reports must be received by the County no later than July 15 and January 15 of each year (July 15,
2010, January 15,2011, July 15,2011 and January 15,2012). The report shall conform to the requirements
and formats set by the Board of Soil and Water Resources. In addition, the required documentation listed in Exhibit
A should be supplied as it becomes available.
5. CONTRACTS
Grantee shall include in any contract, provisions that require contractors to comply with all applicable State and
Federal laws and regulations regarding employment and workplace safety.
In accordance with Hennepin County's policies against discrimination, Grantee shall not exclude any person from
full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race,
color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national
origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against
discrimination shall be otherwise subjected to discrimination.
Public Grantees and any contractors or subcontractors perfotming services as part of this Agreement shall follow
that public Grantee's Affirmative Action policy against discrimination.
6. TERMINATION, CANCELLATION AND ASSIGNMENT
This Agreement may be canceled by the County upon sixty (30) days written notice to Grantee without cause. In the
event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services
satisfactorily performed up to the effective date of such cancellation.
If the County finds that there has been a failure to comply with the provisions of this Agreement, that reasonable
progress has not been made toward commencement or completion of the activities specified in the Application and
this Agreement, notwithstanding any other provisions of this Agreement to the contrary and after written notice and
reasonable opportunity to cure, the County may refuse to disburse additional funds and/or require the return of all or
part of the funds already disbursed, to the extent such funds were used for purposes other than activities
contemplated by this Agreement
This Agreement may not be assigned without the prior written consent of the County.
7. INDEPENDENT CONTRACTOR
Grantee shall select the means, method, and manner of perfotming the Project. Nothing is intended or should be
construed in any manner as creating or establishing the relationship of co-partners between the parties or as
constituting Grantee as the agent, representative, or employee of the County for any pwpose. Grantee shall remain
an independent contractor with respect to all services and activities performed under this Agreement. Any personnel
of Grantee or other persons while engaged in the performance of any work or services required by Grantee under
this Agreement will have no contractual relationship with the County, and will not be considered employees of the
County. The County shall not be responsible for any claims that arise out of employment or alleged employment
under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf
of any personnel, including, without limitation, claims of discrimination against Grantee, its officers, agents,
contractors, or employees. Grantee shall defend, indemnify and hold harmless the County, its officials, officers,
agents, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency,
board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any
compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure
rights, medical and hospital care, sick leave, Workers' Compensation, Re-employment Compensation, disability,
severance pay, and retirement benefits.
HeAO Form 101 2009 (Revised 8/08)
2
8. INDEMNIFICATION
Grantee agrees to defend, indemnify and hold hannless, the County, its officials, officers, agents, volunteers and
employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from any act or omission of Grantee, its contractors or
subcontractors or anyone directly or indirectly employed by them, and/or any party that directly or indirectly
benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be
liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of
Grantee to perform any obligation under this Agreement.
9. INSURANCE
In order to protect the County and those listed above under the indemnification provision, Grantee agrees at all times
during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be
kept in force, and to cause all contractors to do likewise, the following insurance coverages under either a purchased
insurance or self-insurance program:
I. Commercial General Liability on an occurrence basis with Contractual Liability Coverage:
Limits
General Aggregate $2,000,000
Products-Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,500,000
Each Occurrence -
Combined Bodily Injury and Property Damage 1,500,000
2.
Automobile Liability - Combined single limit each occurrence for
bodily injury and property damage covering owned, non-owned, and hired
automobiles.
1,500,000
3. Workers' Compensation and Employer's Liability:
a. Workers' Compensation
If the contractor is based outside the State of Minnesota,
coverage must apply to Minnesota laws.
Statutory
b. Employer's Liability. Bodily Injury by:
Accident - Each accident
Disease - Policy Limit
Disease - Each Employee
500,000
500,000
500,000
4.
Professional Liability -
Per Claim
Aggregate
1,500,000
2,000,000
The insurance must be maintained continuously for a period of two years after the termination of
this Agreement
Grantee shall require that any independent contractors rendering assessment and/or activities under this Agreement
furnish certificates of insurance to Grantee of the insurance coverages listed above, and provide updated certificates
as coverages expire.
An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required
insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to
determine the need for and to procure additional insurance which may be needed in connection with this Agreement.
Copies of policies shall be submitted to the County upon written request.
Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which
clearly evidences required insurance coverages.
If Grantee fails to furnish proof coverages, if requested by the County, the County may withhold payments and/or
pursue any other rights or remedy allowed under the contract, law, equity, and/or statute.
HCAO Form 1012009 (Revised 8/08) 3
10. DATA PRACTICES
Grantee, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the
provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDP A), the Health
Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable
state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If Grantee creates,
collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY
pursuant to this Agreement, then Grantee must comply with the requirements of the MGDPA as ifit were a
government entity, and may be held liable under the MGDP A for noncompliance. Grantee agrees to defend,
indemnify and hold hannless the COUNTY, its officials, officers, agents, employees, and volunteers from any
claims resulting from Grantee's officers', agents', owners', partners', employees', volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements
of this section. Grantee agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts
giving rise to such claims, under the MGDP A. The terms of this section shall survive the cancellation or termination
of this Agreement
11. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained herein and that this
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof.
All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing as an amendment to this Agreement signed by the parties.
12. PREVAILING WAGE
It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which state
prevailing wage laws apply (Minn. Stat. 177.42 - 177.44). All laborers and mechanics employed by grant recipients
and subcontractors funded in whole or in part with these state funds shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality.
13. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and
construction of this Agreement and the legal relations between the parties and performance under it The
appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin,
State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal
court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
The Remainder Of This Page Was Intentionally Left Blank
HeAO Form 101 2009 (Revised 8/08)
4
COUNTY BOARD AUTHORIZATION
GRANTEE, having signed this agreement, and the Hennepin County Board of Commissioners having duly
authorized this agreement on the 2300 of March. 2010, and pursuant to such approval, the proper County officials
having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth.
Reviewed by the County Attorney's
Office
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Assistant County Attorney
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Richard P. Johnson, County Administrator
Date:
By:
Assistant County Administrator, Public Works
Recommended for Approval
Date:
By:
Director, Deparlment of Environmental Services
Date:
GRANTEE
Grantee warrants that the person who executed this Agreement
is authorized to do so on behalf of GRANTEE as required by
applicable articles, bylaws, resolutions or ordinances.
Name: CITY OF GOLDEN VALLEY
By:
Linda R Loomis, Mayor
Date:
And:
Tom Burt, City Manager
Date:
HCAO Form 101 2009 (Revised 8/08)
5
Exhibit A
Bassett Creek, City of Golden Valley Project
Proiect Summary:
This project proposes to stabilize eroded banks along a 5,100-foot reach of Bassett Creek within Golden
Valley and Crystal. It is one of the five reaches identified for restoration in the Basset Creek Watershed
Management Commission's (BCWMC) 2009 Resource Management Plan. The project would consist of
stabilizing 1,320 feet or bank erosion within 15 distinct sites identified for bank erosion, scour and bank
failure. The Tree Trust or Conservation Corps of Minnesota shall be incorporated into the construction
activities on this project.
The following costs are based on a budget submitted by Grantee. Modifications must be approved in
writing by the County.
Approved Budget for the Bassett Creek Golden Valley Project:
Activities relating to the stabilization and restoration of Bassett Creek Reach 2 (as identified in the
Feasibility Report for Bassett Creek Restoration Project, Golden Valley and Crystal, Minnesota, prepared
for Bassett Creek Watershed Management Commission dated August 2009) including the preparation of
project specifications and designs, related site stabilization and restoration work, and related consulting
and inspection.
Costs associated with said work.
$ 135,000
Total: $ 135,000
Reauired Documentation to be Submitted to Hennepin Countv:
· Project Design and Specifications
· Conservation Corps of Minnesota/Tree Trust Contractual Agreements
· Consultant/Contractor Invoices
· Semi-annual project progress/summary report(s) per Board of Water and Soil Resources format.
· Certification that the project was installed according to the approved plans and specification.
· Operation and maintenance plans covering the life of the practice (10 years) must be included with
the design standards.
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City Administration/Council
763-593-8014/763-593-8109 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. G. Support for Creation of Golden Valley Community Foundation
Prepared By
Jeanne Andre, Assistant City Manager
Summary
At the February Council/Manager Meeting the Council discussed the possible formation of a
Community Foundation. A group of citizens from the Connection Project, Human Services
Foundation, and the Events Fund have been meeting to determine the next steps to move
forward with this proposal. The group has requested that the City Council offer a resolution of
support for this effort. Staff drafted the attached resolution for Council consideration.
Attachment
Resolution Supporting the Creation of the Golden Valley Community Foundation (1 page)
Recommended Action
Motion to adopt Resolution Supporting the Creation of the Golden Valley Community
Foundation.
Resolution 10-22
April?,2010
Member introduced the following resolution and moved its adoption:
RESOLUTION SUPPORTING THE CREATION OF THE
GOLDEN VALLEY COMMUNITY FOUNDATION
WHEREAS, the Envision Connection Project, the Golden Valley Human Services
Foundation and the Golden Valley Community Events Fund have discussed ways to
collaborate on fundraising and highlight activities and organizations that promote the
betterment of Golden Valley; and
WHEREAS, the Golden Valley City Council has previously supported efforts of these
groups to promote civic involvement and charitable contributions that enhance the quality of
life in Golden Valley; and
WHEREAS, these groups have now recommended that a new Golden Valley
Community Foundation be created to serve as a focal point for fundraising and charitable
contributions that benefit Golden Valley and thereby allow these groups to continue their
good work in support of the community; and
WHEREAS, a Golden Valley Community Foundation would provide a clear path for
residents and businesses to support community members and activities that build
community; and
WHEREAS, the Community Foundation would be separate from City government,
but would support many of the aspirations of Envision Golden Valley, which are
wholeheartedly supported by the City Council;
NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley hereby
declares its support for the creation of an independent Golden Valley Community
Foundation that will solicit cash and in-kind donations to benefit the Golden Valley
community and support and enhance the work of existing and new organizations that foster
a sense of community.
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
mo m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
3. H. Award Contract for Professional Services with Prairie Restorations, Inc. for Restoration
and Maintenance of Native Plant Communities
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
Staff has requested a proposal from Prairie Restorations, Inc. for professional services
related to Restoration and Maintenance of Native Plant Communities adjacent to Golden
Valley's designated water quality ponds, wetlands and creek buffers. There are 17 buffers
that are maintained under this contract.
The Prairie Restorations, Inc. proposal includes performing controlled burning, integrated
pest management, and dormant mowing. The company visits each site monthly during the
growing season and performs the native plant maintenance on an as-needed basis.
The City has been working with Prairie Restoration, Inc. on the majority of its managed native
buffer areas since the spring of 2000. Staff has budgeted $27,000 for this project in the 2010-
11 Adopted Biennial Budget, Storm Sewer Utility's Environmental Control budget (page 98,
7303.6340).
Attachments
Contract for the 2010 Golden Valley Restoration and Maintenance of Native Plant
Communities Project No. 10-18 (14 pages)
Recommended Action
Motion to authorize signing the Contract for Professional Services with Prairie Restoration,
Inc. for the 2010 Golden Valley Restoration and Maintenance of Native Plant Communities in
the amount of $24,250.
CONTRACT FOR THE 2010 GOLDEN VALLEY RESTORATION AND
MAINTENANCE OF NATIVE PLANT COMMUNITIES PROJECT NO. 10-18
THIS AGREEMENT, entered into the day of , 2010
between the City of Golden Valley, a municipal corporation, existing under the laws of
the State of Minnesota, hereinafter referred to as the City, party of the First Part, and
Prairie Restoration, Inc., a C-Corporation under the laws of the State of Minnesota
hereinafter, called the Consultant, party of the Second Part.
ARTICLE 1. The Consultant, for and in consideration of one dollar and other good and
valuable consideration received including the payment, or payments herein specified,
and by the City to be made, hereby covenants and agrees to furnish all materials, all
necessary tools and equipment, and to do and perform all the work and labor necessary
for the 2010 Golden Valley Restoration and Maintenance of Native Plant Communities
in accordance with the proposal included in Exhibit B.
The Proposal of the Consultant, together with this Contract, shall together constitute the
Contract Documents, and herein are referred to as the Contract Documents.
ARTICLE 2. The Consultant agrees to commence said work and conclude the same in
accordance with the Proposal heretofore filed with the City and in accordance with the
time schedule for commencement and completion of the work set forth in the Contract
Documents, time' being of the essence of this agreement, and to complete said work in
every respect to the satisfaction and approval of the City.
ARTICLE 3. In consideration of the covenants and agreements stated above, the City
agrees to pay the Consultant the sum stated in the Proposal of said Consultant.
Installment payments, if any, on account of work done and materials furnished by said
Consultant under this Contract and actually in place shall be due and payable on or
before ten (10) days after receipt by the Council of the City of: (a) a certificate by the
Environmental Coordinator/City Forester that the work has been fully completed and
this Contract fully performed by the Consultant and (b) an opinion of the City's attorney
that the City is then obligated to pay the sum contracted for herein.
ARTICLE 4. The Consultant agrees to hold harmless, indemnify and defend the City,
their elected officials, officers, agents, and employees against any and all claims,
losses, or damages, including attorneys' fees, arising from, allegedly arising from, or
related to, the provision of services under this agreement by the Consultant, its
employees, agents or officers.
ARTICLE 5. The Consultant further agrees to make and maintain insurance coverage
for the duration of the project in accordance with the following requirements:
G:\PROJECTS\Buffer Maintenance\Prairie Resto 10 ver2.doc
1
CONTRACT FOR THE 2010 GOLDEN VALLEY RESTORATION AND
MAINTENANCE OF NATIVE PLANT COMMUNITIES PROJECT NO. 10-18
Workers Compensation Insurance:
A. Statutory Compensation Coverage
B. Coverage B - Employers Liability with limits of not less than:
$100,000 Bodily Injury per Disease per Employee
$500,000 Bodily Injury per Disease Aggregate
$100,000 Bodily Injury by Accident
Automobile Liability Insurance
A. Minimum Limits of Liability:
$1,500,000 - Per Occurrence - Bodily Injury and Property Damage
Combined Single Limit
B. Coverages:
X Owned Automobile, if any
X Non-Owned Automobile
X Hired Automobile
X City of Golden Valley named as Additional Insured
General Liability Insurance
A. Minimum Limits of Liability:
$1,500,000 - Per Occurrence
$2,000,000 - Annual Aggregate
B. Coverages:
X Bodily Injury
X Property Damage
X Personal Injury
X Blanket Contractual
The Consultant further agrees to furnish certificates of the above insurance to the City
naming City as an additional insured, not later than ten (10) days after execution of this
Contract, and will provide City with written notice ten (10) days prior to cancellation of
the policy or any material change in the coverage provided, or in lieu thereof, the
Consultant shall keep such policies in full force and effect throughout the term of the
Contract.
ARTICLE 6. It is understood and agreed by the Consultant that the City, through its
authorized agents shall be the sole and final judge of the fitness of the work and its
acceptability, and no payment shall be made to the Consultant hereunder until the work
shall have been found acceptable by the City through its authorized agents.
ARTICLE 7. It is understood and agreed by the Consultant that, with respect to all
work, the Consultant will keep as complete, exact and accurate an account of the labor
G:\PROJECTS\Buffer Maintenance\Prairie Resto 10 ver2.doc
2
CONTRACT FOR THE 2010 GOLDEN VALLEY RESTORATION AND
MAINTENANCE OF NATIVE PLANT COMMUNITIES PROJECT NO. 10-18
and materials used as is possible, and in submitting the final statement will itemize and
allocate the costs of said work.
ARTICLE 8. All payments to the Consultant shall be made payable to the order of
Prairie Restoration, Inc. and the City does not assume and shall not have any
responsibility for the allocation of payments or obligations of the Consultant to third
parties.
ARTICLE 9. The City reserves the right to cancel the award of any contract at any time
before the execution of the contract by all parties without any liability against the City.
ARTICLE 11. The City may by written notice terminate the Contract or any portion
thereof when it is deemed in the City's best interest to do so or the City is unable to
adequately fund payment for the Contract because of changes in state fiscal policy,
regulations or law; or after finding that for reasons beyond the Consultant's control the
Consultant is prevented from proceeding with or completing the Contract work within a
reasonable period of time.
In the event that any work is terminated under the provisions hereof, all completed items
or units of work will be paid in accordance with the procedure on attached Exhibit A and
as otherwise mutually agreed to.
Termination of the Contract or any portion thereof shall not relieve the Consultant of
responsibility for the completed work, nor shall it relieve the Consultant's Sureties of
their obligations for and concerning any just claims arising out of the work performed.
IN WITNESS HEREOF, both parties hereto have caused this Contract to be signed by
their duly authorized officers.
THE CITY OF GOLDEN VALLEY
BY
Thomas D. Burt, City Manager
PRAIRIE RESTORATIONS, INC.
BY
ITS
G:\PROJECTS\Buffer Maintenance\Prairie Resto 10 ver2.doc
3
EXHIBIT A
Elimination of Work
Should any Contract items be eliminated from the Contract or any work be deleted or
ordered t~rmination on a Contract item before completion of the work, the Consultant
will be reimbursed for all costs incurred prior to notification, that are not the result of
unauthorized work. Compensation will be made on the following basis:
(1) The accepted quantities of work completed in accordance with the
Contract will be paid for at the Contract prices.
(2) For partially completed items, the accepted work will be paid for on the
basis of a percentage of the Contract bid price equal to the percentage of
actual accomplishment toward completion of the item. In arriving at this
percentage, the value of materials incorporated in the partially completed
items will be considered to be the actual purchase price of the materials,
plus transportation costs, to which will be added 15 percent of the sum
there.
(3) The Consultant will also be reimbursed for such actual expenditures for
equipment, mobilization, and overhead as the City considers directly
attributable to the eliminated work and that are not recovered as part of
the direct payment for the work.
Payment for completed work at the Contract prices and for partially completed work and
materials in accordance with the above provisions, together with such other allowances
as are made for fixed costs, shall constitute final and full compensation for the work
performed as Contract items that have been partially or totally eliminated from the
Contract.
G:\PROJECTS\Buffer Maintenance\Prairie Resto 10 ver2.doc
Exhibit B
Prairie Restoration Management Strategies
Native landscape management techniques can be divided into five different
categories; monitoring, controlled burning, dormant mows, Plant
Management (IPM), and woody vegetation control. Each of these techniques
plays a key role in the development and success of a native landscape. Below is
a description of each tool and the reasons they are used.
Effective management of a restored area is achieved through a variety of
management practices. A complete understanding of the various plants' life
cycles and growth characteristics is necessary for the proper management
decisions to be made. Prairie Restoration's land managers use their experience
and knowledge to make these decisions for the betterment and health of the
landscapes they care for.
Monitoring
Monitoring is checking the progress of the planting regularly. The goal is to see
what weeds may be coming in that need to be addressed, but also to see how
the native plants are growing. Monitoring is perhaps the most important
technique land managers use. It allows the manager to make the determination
of what other techniques will best benefit the planting. Native plantings change,
not only from year to year, but from week to week and month to month.
Therefore, it is important to make regular trips through the planting. It is also
important to monitor the entire planting, as microenvironments found throughout
will grow different species of native plants and weeds. Monitoring is something
that can, and should, be done by the City, as well as by the land manager.
Prairie Restoration will provide information in the form of a basic field guide, if
needed.
Controlled Burns
Prairies are fire-dependent communities, making controlled burning a very
important management tool. Historically, prairie fires would burn periodically.
Today, Prairie Restorations, Inc.'s experienced burn crews seek to replicate the
process using proper tools and techniques. Burning is typically done every three
to four years, beginning once adequate fuel is present. Each site is unique, and
the land manager will discuss with you when and why a burn would be a good
option.
Timing and intensity of burns are very important for controlling various weedy
species and promoting the native ones. Spring burns tend to favor the grass
species, while fall burns may enhance the flower component. The majority of
burns are conducted in the spring, usually during the months of April and May,
G:\PROJECTS\Buffer Maintenance\Prairie Scope. doc
B-1
though some may occur later, depending on the needs of the site. Benefits of
spring burns include; the alleviation of the accumulation of biomass, a reduction
in exotic cool season species, control of woody plants, and the stimulation of
earlier growth of native warm season species. Fall burns are also very effective
in accomplishing many of these goals. They normally occur in October and
November. One negative to fall burning is the loss of winter cover for wildlife
species. Fall burns may also be harder to schedule due to wet Minnesota fall
weather conditions.
Burns should only be conducted by trained crews. Many of the controlled burns
conducted today are on a much smaller scale, and in a suburban setting. This
creates many challenges for the crews. Smoke is typically the biggest concern.
Burns must be conducted with proper wind conditions so smoke does not blow
onto busy roadways, or towards buildings. The presence of trees and shrubs in
or near the planting must also be taken into account. Before conducting a
controlled burn, proper permits must be obtained from the Department of Natural
Resources and local authorities. Neighboring residents and businesses will also
be notified.
Dormant Mows
Dormant mows are an alternative to fire, and are frequently done in years when a
controlled burn is not scheduled. Dormant mows are conducted when the prairie
plants are dormant (not actively growing), as the name suggests. They occur in
early spring or late fall, and benefit the prairie by dispersing grass and flower
seed and speeding up the breakdown of biomass. Dormant mows also give the
prairie a clean look to start or end the season. One consideration when
scheduling a dormant mow is soil moisture. Any soil disturbance will promote the
growth of weeds, so mows should only be done when the ground is firm enough
for the equipment being used. Larger sites are mowed with a tractor and flail
mower. Smaller sites may be mowed using weed-whips.
Integrated Plant Management (IPM)
Integrated Plant Management (I PM) is a combination of many hands-on
management techniques used during the growing season. The goal of IPM is to
remove unwanted species from the prairie. The method of control used varies by
species and density of the weeds. If desired, Prairie Restorations' trained land
management crews will visit the site periodically during the growing season to
conduct various IPM tasks, as needed on a site-by-site basis.
G:\PROJECTS\Buffer Maintenance\Prairie Scope. doc
B-2
Chemical Control
. Spot Spraying
For perennial weedy species, spot spraying is the primary method of control.
Selective spot spraying targets individual plants using backpack sprayers.
Because of the accuracy, it is possible to kill weeds intermixed with prairie plants
without harming the native forbs and grasses. Chemicals used for spot spraying
are "species specific," meaning different chemicals are used for the control of
different weedy species. In order to minimize negative impact on a site, the
minimum effective rate of the chemicals is used. Weather conditions are always
taken into account before applying chemicals to a site. It is not only rain that
causes concern. Heat may cause some chemicals to become less effective as
the plants shut down to preserve energy. Prairie Restorations Inc.'s crew
members are certified pesticide applicators and have been taught the proper
techniques for handling and applying the chemicals used. It is not recommended
that the homeowner apply chemicals to the site.
. Wicking
Wicking is another way to apply chemical. Using sponge-like devices, crew
members are able to wipe chemicals onto individual or small colonies of weeds.
This may be done using small hand-wicks, or larger "hockey-stick-wicks."
Wicking is very precise, but may take more time than spot spraying.
. Timed Oversprays
Timed oversprays are necessary when a large area of the planting contains
unwanted perennial plants. The timing is critical. Typically oversprays are
conducted in the early spring or late fall, when native, warm-season plants are
dormant. Luckily, many weedy species, such as reed canary grass, are cool-
season plants. This means they become active earlier in the spring and remain
active later in the fall. Most often, the timed oversprays are conducted using a
truck or a tractor with a mounted boom sprayer. If the area is small enough, or
there is not adequate vehicle access, it may be done with backpack sprayers.
Glyphosate is the preferred chemical, as it is non-selective and good at
controlling most broadleaf and grass species. In the spring following an
overspray, areas that were sprayed become obvious until the native species start
filling them in.
Mechanical Control
. Spot Mowing
Spot mowing is typically done with weed-whips. Crew members cut down
individual plants, or smaller colonies. While chemicals will kill annual and
G:\PROJECTS\Buffer Maintenance\Prairie Scope.doc
B-3
biennial weeds, spot mowing is often the preferred tool. Unlike perennial weeds,
in which each plant will grow and flower year after year, annuals and biennials
only have a one or two year growing cycle. They flower, produce seed, and die.
The weeds persist by producing large amounts of seed that germinate and flower
quickly, thereby producing more seed. Due to this growth pattern, mowing at, or
just prior to, the flowering stage is an effective method of control by stopping the
seed production. Spot mowing may also be used to stop perennials from
spreading seed. However, spot mowing is not enough to kill perennial weedy
species. It will delay the spread, but eventually another control method, such as
spot spraying or controlled burning, will be required.
. Complete Site Mows
Complete site mows are most often done on newly seeded projects. In the first
growing season, three to four complete mows may be necessary. The main
purpose of a complete site mowing is to prevent weeds from producing a closed
canopy and blocking out the light from the native seedlings. Plants are usually
allowed to grow to 12-18" in height before being mowed. Flail mowers are used
because they can be easily adjusted to different mowing heights. Typically, a
height of 6-8" is desired. If the vegetation is cut too short, it exposes the young
prairie plants to extreme heat and drying conditions and may inhibit growth.
. Hand weeding and chopping
Hand weeding and chopping will be completed by Prairie Restoration when
needed.
G:\PROJECTS\Buffer Maintenance\Prairie Scope.doc
8-4
Exhibit B
Prairie Restoration Management Strategies
Native landscape management techniques can be divided into five different
categories; monitoring, controlled burning, dormant mows, Plant
Management (IPM), and woody vegetation control. Each of these techniques
plays a key role in the development and success of a native landscape. Below is
a description of each tool and the reasons they are used.
Effective management of a restored area is achieved through a variety of
management practices. A complete understanding of the various plants' life
cycles and growth characteristics is necessary for the proper management
decisions to be made. Prairie Restoration's land managers use their experience
and knowledge to make these decisions for the betterment and health of the
landscapes they care for.
Monitoring
Monitoring is checking the progress of the planting regularly. The goal is to see
what weeds may be coming in that need to be addressed, but also to see how
the native plants are growing. Monitoring is perhaps the most important
technique land managers use. It allows the manager to make the determination
of what other techniques will best benefit the planting. Native plantings change,
not only from year to year, but from week to week and month to month.
Therefore, it is important to make regular trips through the planting. It is also
important to monitor the entire planting, as microenvironments found throughout
will grow different species of native plants and weeds. Monitoring is something
that can, and should, be done by the City, as well as by the land manager.
Prairie Restoration will provide information in the form of a basic field guide, if
needed.
Controlled Burns
Prairies are fire-dependent communities, making controlled burning a very
important management tool. Historically, prairie fires would burn periodically.
Today, Prairie Restorations, Inc.'s experienced burn crews seek to replicate the
process using proper tools and techniques. Burning is typically done every three
to four years, beginning once adequate fuel is present. Each site is unique, and
the land manager will discuss with you when and why a burn would be a good
option.
Timing and intensity of burns are very important for controlling various weedy
species and promoting the native ones. Spring burns tend to favor the grass
species, while fall burns may enhance the flower component. The majority of
burns are conducted in the spring, usually during the months of April and May,
G:\PROJECTS\Buffer Maintenance\Prairie Scope. doc
B-1
though some may occur later, depending on the needs of the site. Benefits of
spring burns include; the alleviation of the accumulation of biomass, a reduction
in exotic cool season species, control of woody plants, and the stimulation of
earlier growth of native warm season species. Fall burns are also very effective
in accomplishing many of these goals. They normally occur in October and
November. One negative to fall burning is the loss of winter cover for wildlife
species. Fall burns may also be harder to schedule due to wet Minnesota fall
weather conditions.
Burns should only be conducted by trained crews. Many of the controlled burns
conducted today are on a much smaller scale, and in a suburban setting. This
creates many challenges for the crews. Smoke is typically the biggest concern.
Burns must be conducted with proper wind conditions so smoke does not blow
onto busy roadways, or towards buildings. The presence of trees and shrubs in
or near the planting must also be taken into account. Before conducting a
controlled burn, proper permits must be obtained from the Department of Natural
Resources and local authorities. Neighboring residents and businesses will also
be notified.
Dormant Mows
Dormant mows are an alternative to fire, and are frequently done in years when a
controlled burn is not scheduled. Dormant mows are conducted when the prairie
plants are dormant (not actively growing), as the name suggests. They occur in
early spring or late fall, and benefit the prairie by dispersing grass and flower
seed and speeding up the breakdown of biomass. Dormant mows also give the
prairie a clean look to start or end the season. One consideration when
scheduling a dormant mow is soil moisture. Any soil disturbance will promote the
growth of weeds, so mows should only be done when the ground is firm enough
for the equipment being used. Larger sites are mowed with a tractor and flail
mower. Smaller sites may be mowed using weed-whips.
Integrated Plant Management (IPM)
Integrated Plant Management (IPM) is a combination of many hands-on
management techniques used during the growing season. The goal of IPM is to
remove unwanted species from the prairie. The method of control used varies by
species and density of the weeds. If desired, Prairie Restorations' trained land
management crews will visit the site periodically during the growing season to
conduct various IPM tasks, as needed on a site-by-site basis.
G:\PROJECTS\Buffer Maintenance\Prairie Scope. doc
B-2
Chemical Control
. Spot Spraying
For perennial weedy species, spot spraying is the primary method of control.
Selective spot spraying targets individual plants using backpack sprayers.
Because of the accuracy, it is possible to kill weeds intermixed with prairie plants
without harming the native forbs and grasses. Chemicals used for spot spraying
are "species specific," meaning different chemicals are used for the control of
different weedy species. In order to minimize negative impact on a site, the
minimum effective rate of the chemicals is used. Weather conditions are always
taken into account before applying chemicals to a site. It is not only rain that
causes concern. Heat may cause some chemicals to become less effective as
the plants shut down to preserve energy. Prairie Restorations Inc.'s crew
members are certified pesticide applicators and have been taught the proper
techniques for handling and applying the chemicals used. It is not recommended
that the homeowner apply chemicals to the site.
. Wicking
Wicking is another way to apply chemical. Using sponge-like devices, crew
members are able to wipe chemicals onto individual or small colonies of weeds.
This may be done using small hand-wicks, or larger "hockey-stick-wicks."
Wicking is very precise, but may take more time than spot spraying.
. Timed Oversprays
Timed oversprays are necessary when a large area of the planting contains
unwanted perennial plants. The timing is critical. Typically oversprays are
conducted in the early spring or late fall, when native, warm-season plants are
dormant. Luckily, many weedy species, such as reed canary grass, are cool-
season plants. This means they become active earlier in the spring and remain
active later in the fall. Most often, the timed oversprays are conducted using a
truck or a tractor with a mounted boom sprayer. If the area is small enough, or
there is not adequate vehicle access, it may be done with backpack sprayers.
Glyphosate is the preferred chemical, as it is non-selective and good at
controlling most broadleaf and grass species. In the spring following an
overspray, areas that were sprayed become obvious until the native species start
filling them in.
Mechanical Control
. Spot Mowing
Spot mowing is typically done with weed-whips. Crew members cut down
individual plants, or smaller colonies. While chemicals will kill annual and
G:\PROJECTS\Buffer Maintenance\Prairie Scope.doc
B-3
biennial weeds, spot mowing is often the preferred tool. Unlike perennial weeds,
in which each plant will grow and flower year after year, annuals and biennials
only have a one or two year growing cycle. They flower, produce seed, and die.
The weeds persist by producing large amounts of seed that germinate and flower
quickly, thereby producing more seed. Due to this growth pattern, mowing at, or
just prior to, the flowering stage is an effective method of control by stopping the
seed production. Spot mowing may also be used to stop perennials from
spreading seed. However, spot mowing is not enough to kill perennial weedy
species. It will delay the spread, but eventually another control method, such as
spot spraying or controlled burning, will be required.
. Complete Site Mows
Complete site mows are most often done on newly seeded projects. In the first
growing season, three to four complete mows may be necessary. The main
purpose of a complete site mowing is to prevent weeds from producing a closed
canopy and blocking out the light from the native seedlings. Plants are usually
allowed to grow to 12-18" in height before being mowed. Flail mowers are used
because they can be easily adjusted to different mowing heights. Typically, a
height of 6-8" is desired. If the vegetation is cut too short, it exposes the young
prairie plants to extreme heat and drying conditions and may inhibit growth.
· Hand weeding and chopping
Hand weeding and chopping will be completed by Prairie Restoration when
needed.
G:\PROJECTS\Buffer Maintenance\Prairie Scope. doc
8-4
Golden Valley Parks Maintenance
2010
Spring Spring Total
Park Burn Dormant Mow IPM (plus tax)
Adeline Trail $500.00 $500.00
Bassett Creek $750.00 $750.00
Boone Ave. $300.00 $800.00 $1,100.00
Brookview Ponds $550.00 $3,000.00 $3,550.00
General Mills
Nature Preserve $1,150.00 $3,000.00 $4,150.00
Golden Meadows $500.00 $500.00
Golden Ri~ae $500.00 $500.00
Hamoshire Pond $325.00 $650.00 $975.00
Golden Hills $900.00 $1,000.00 $1,900.00
Medlev Park No cost $1,200.00 $1,200.00
Minnaqua Pond $150.00 $300.00 $450.00
Minnaqua Nature
Area $450.00 $1,250.00 $1,700.00
Sandbura Pond $775.00 $750.00 $1,525.00
Schaper Park $400.00 $850.00 $1,250.00
S. Tvrol Hills $500.00 $750.00 $1,250.00
Sweeny Branch
Stabilization $1,200.00 $1,200.00
Xenia Pond $500.00 $1,250.00 $1,750.00
Total
$24,250.00
2010 PRAIRIE MANAGEMENT BILLING RATES
Prices Subject to change in 2011
Labor Costs:
$60/hr. (including pro-rated travel time)
Travel Mileaee:
(Travel mileage one way only)
$0.44/mile -light duty trucks
$O.70/mile - trucks/trailer/w/equip.
EQuiDment Costs:
$15/hr. - Small power equipment use
$40/hr. Large tractor/mower use
$40/hr. A TV use
Material Costs:
Garlon
Herbicides: 3A@- $1.05/oz
Garlon 4@
$1.20/oz
Rodeo@ - $O.55/oz
Roundup@
$O.55/oz
Transline@
$3.35/oz
Vanquish@
$1.05/oz
CITY OF GOLDEN VALLEY
PROCLAMATION FOR PARKINSON'S DISEASE MONTH
APRIL 2010
WHEREAS, Parkinson's disease is a progressive neurological movement
disorder of the central nervous system, which has a unique impact on each patient; with
no cure, therapy, or drug to slow or halt the progression of Parkinson's disease; and
WHEREAS, Parkinson's is the second most common neurodegenerative disease
in the United States, second only to Alzheimer's; and
WHEREAS, the Parkinson's Action Network, Parkinson's Disease Foundation,
the National Parkinson's Foundation, the American Parkinson's Disease Association,
and the National Institutes of Health, have estimated that there are over one million
Americans diagnosed with Parkinson's disease; and
WHEREAS research suggests the cause of Parkinson's disease is a combination
of genetic and environmental factors, but the exact cause and progression of the
disease is still unknown and there is no objective test for Parkinson's disease so the
rate of misdiagnosis can be high; and
WHEREAS, Struthers Parkinson's Center, located in Golden Valley, is a national
leader dedicated to providing comprehensive assessment, treatment, support,
education and research to improve the quality of life of people touched by Parkinson's
disease which is accredited by the Joint Commission on Accreditation of Healthcare
Organizations and the Commission on Accreditation of Rehabilitation Facilities; and
WHEREAS, as an institution that combines benchmark and clinical research,
comprehensive clinical care and outreach services, the Struthers Parkinson's Center,
part of Park Nicollet Methodist Hospital and the Park Nicollet Health Services, was
designated one of 31 centers worldwide that is a Center of Excellence; and
WHEREAS, April has been proclaimed as World Wide Parkinson's Awareness
Month for all to recognize the need for more research and help in dealing with the
devastating effects of Parkinson's disease;
NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do
hereby proclaim April as Parkinson's Disease Awareness Month in the City of Golden
Valley, Minnesota; and
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great
seal of the City of Golden Valley to be affixed this 7th day of April, 2010.
Linda R. Loomis, Mayor
l)5fy.. ~tt'~ af- Yht'e--n ri S
JEFFREY A. LEVY, P.A.
ATTORNEY AT LAW
jeffreyalevLatty@yahoo.com
APR'l tOtO
MAIN OFFICE
7825 WASHINGTON AVENUE SOUTH
SUITE 500
BLOOMINGTON, MN 55439
PHONE: (952) 943-3903
PHONE: (763) 546-5605
FAX: (952) 943-3926
*PLEASE REPLY TO MAIN OFFICE
SATELLITE OFFICE
5775 WAYZATA BOULEVARD
SUITE 700
ST. LOUIS PARK, MN 55416
April 7, 2010
Sean M. Adams
6010 Glenwood Avenue
Golden Valley, MN 55422
RE: Proposed assessment
The undersigned is the attorney for Sean M. Adams, who is joining in the signing
of this letter. Sean M. Adams with my concurrence is voicing his written objection to the
proposed assessment of $4,900.00 for pavement management, located at Meander
Avenue and Cuta Cross Road, which conjoins with Paisley Lane. There are several
reasons for this objection which are as follows:
1. Sean M. Adams' address is 6010 Glenwood Avenue and he does not have
an address on Meander A venue, nor does he have access to and from a driveway on
Meander Avenue. In the future if an assessment is done at 6010 Glenwood Avenue, he
would be forced to pay an assessment twice. Sean M. Adams has no intention of using
any ingress or egress from Meander Avenue.
2. Sean M. Adams is the only party that is being assessed that has no egress or
ingress from Meander Avenue and therefore, he is an exception. His situation is separate
and different and not the same as the other owners subject to the assessment that exit and
enter from Meander Avenue. Therefore, for this reason Sean M. Adams should not share
in this assessment.
3. A couple of years ago, Sean M. Adams' neighbor at 6030 Glenwood
Avenue paid for a curb and cutter assessment on the adjoining street to 6030 Glenwood
Avenue. That neighbor also had a one hundred lineal feet which is the same as Sean M.
Adams' lineal footage. He paid the assessment of$3,500.00 and at this point and time,
you are assessing Sean M. Adams the sum of $4,900.00. Why has the assessment gone
up $1,400.00 for the same amount of space in two years when the economy is in such bad
condition and there has been no inflation.
7)/stn~ftc! ar fhtehf15
4. Another objection to this assessment is the fact that several of the owners of
Meander A venue have substantially more lineal feet, and some of the owners have at
least twice the amount of lineal feet, and yet everybody is being assessed the same
amount of $4,900.00. It would seem more fair to base the assessment on the amount of
lineal feet rather than the same fixed amount for everyone.
5. Based on these factors set forth in this letter, Sean M. Adams certainly
should not pay as much as the neighbors who have access to and from Meander Avenue
and Cuta Cross Lane or Paisley Lane, and have longer and more extensive lineal feet.
His assessment amount if any, should be reduced proportionately considering these
circumstances as to access and the amount of lineal feet.
Very truly yours,
~~~
tt/(ID Sf~ t
Jeffrey A. Levy
Attorney for Sean M. Adams
JAL/ssp
alley
m d
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
4. A. Public Hearing - Special Assessments - 2010 Pavement Management Program
Prepared By
Sue Virnig, Finance Director
Summary
The following resolution needs to be approved for the certification of special assessments for
the 2010 Pavement Management Program area.
Attachments
Project Address List (4 pages)
Resolution Adopting and Confirming Assessments for Various Public Improvements in the
2010 Pavement Management Area (2 pages)
Recommended Action
Motion to adopt Resolution Adopting and Confirming Assessments for Various Public
Improvements in the 2010 Pavement Management Area.
2010 Pavement Management Assessments
PID HOUSE STREET
3311821330034 125 CUTACROSS ROAD
33 11821330029 200 CUTACROSS ROAD
33 11821330052 203 CUTACROSS ROAD
33 11821330030 210 CUTACROSS ROAD
3311821330051 211 CUTACROSS ROAD
3311821330032 217 CUTACROSS ROAD
3311821330026 220 CUTACROSS ROAD
3211821440020 110 EDGEWOOD AVE N
32 11821440026 119 EDGEWOOD AVE N
32 11821440023 120 EDGEWOOD AVE N
32 11821440022 124 EDGEWOOD AVE N
32 11821440024 125 EDGEWOOD AVE N
3211821440014 130 EDGEWOOD AVE N
3211821440010 146 EDGEWOOD AVE N
32 11821440072 209 EDGEWOOD AVE N
3211821440011 210 EDGEWOOD AVE N
3211821440018 215 EDGEWOOD AVE N
32 11821440012 220 EDGEWOOD AVE N
3211821440017 221 EDGEWOOD AVE N
32 11821440005 230 EDGEWOOD AVE N
3211821440003 231 EDGEWOOD AVE N
3211821440006 240 EDGEWOOD AVE N
32 11821440007 300 EDGEWOOD AVE N
3211821440002 301 EDGEWOOD AVE N
3211821440001 309 EDGEWOOD AVE N
32 11821440009 316 EDGEWOOD AVE N
3211821440004 319 EDGEWOOD AVE N
32 11821440008 320 EDGEWOOD AVE N
3211821440013 329 EDGEWOOD AVE N
3211821410045 401 EDGEWOOD AVE N
32 11821410030 410 EDGEWOOD AVE N
3211821410031 420 EDGEWOOD AVE N
32 11821440040 201 GEORGIA AVE N
32 11821440039 205 GEORGIA AVE N
32118 2144 OO~O 210 GEORGIA AVE N
32 11821440029 220 GEORGIA AVE N
3211821440060 225 GEORGIA AVE N
3211821440036 230 GEORGIA AVE N
32 11821440059 235 GEORGIA AVE N
3211821440035 240 GEORGIA AVE N
3211821440058 245 GEORGIA AVE N
32 11821440034 310 GEORGIA AVE N
3211821440057 315 GEORGIA AVE N
3211821440033 320 GEORGIA AVE N
32 11821440038 325 GEORGIA AVE N
3211821440037 330 GEORGIA AVE N
3211821440031 GEORGIA AVE N
3311821330049 5924 GLENWOOD AVE
3311821330037 6010 GLENWOOD AVE
LEVIED DEFERRED ASSMTS.
4,900.00 4,900.00 9,800.00
4,900.00 4,900.00 9,800.00
4,900.00 4,900.00
4,900.00 4,900.00 9,800.00
4,900.00 4,900.00
4,900.00 4,900.00 9,800.00
4,900.00 4,900.00 9,800.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
9,800.00 9,800.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
12,588.84 12,588.84
4,900.00 4,900.00
4,900.00 4,900.00
2010 Pavement Management Assessments
PID HOUSE STREET
33 11821 33 0048 6140 GLENWOOD AVE
3211821440015 6330 GLENWOOD AVE
3211821440027 6410 GLENWOOD AVE
32 11821420067 7040 GLENWOOD AVE
3211821430072 6805 HAROLD AVE
3211821420072 6810 HAROLD AVE
32 11821430073 6815 HAROLD AVE
32 11821420059 6820 HAROLD AVE
3211821430074 6825 HAROLD AVE
3211821420060 6830 HAROLD AVE
3211821420064 6835 HAROLD AVE
3211821420061 6840 HAROLD AVE
3211821420065 6845 HAROLD AVE
3211821420062 6850 HAROLD AVE
3211821420066 6855 HAROLD AVE
3211821420063 6860 HAROLD AVE
3211821430071 340 IDAHO AVE N
3211821420069 350 IDAHO AVE N
3211821420042 410 IDAHO AVE N
3211821420071 415 IDAHO AVE N
3211821420041 420 IDAHO AVE N
3211821420070 425 IDAHO AVE N
3211821420040 430 IDAHO AVE N
3211821420052 435 IDAHO AVE N
3211821420039 440 IDAHO AVE N
3211821420038 450 IDAHO AVE N
32 11821430075 IDAHO AVE N
32 11821430075 IDAHO AVE N
3211821420045 6800 KINGSTON CIRCLE
32 11821420051 6807 KINGSTON CIRCLE
32 11821420046 6810 KINGSTON CIRCLE
3211821420050 6817 KINGSTON CIRCLE
3211821420047 6820 KINGSTON CIRCLE
32 11821420049 6827 KINGSTON CIRCLE
3211821420048 6830 KINGSTON CIRCLE
3311821330024 26 MEANDER ROAD
33 11821 330036 31 MEANDER ROAD
33 11821 330035 115 MEANDER ROAD
3311821330023 116 MEANDER ROAD
3311821330022 124 MEANDER ROAD
3311821330020 204 MEANDER ROAD
3311821330021 208 MEANDER ROAD
33 11821330028 209 MEANDER ROAD
3311821330019 228 MEANDER ROAD
3311821330017 308 MEANDER ROAD
33 11821 33 0027 309 MEANDER ROAD
33 11821330016 316 MEANDER ROAD
3311821330011 324 MEANDER ROAD
32 11821410037 6125 OLSON MEMORIAL HWY
LEVIED DEFERRED
4,900.00
4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,150.00
3,900.00
2,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,855.20
14,655.20
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00 4,900.00
4,900.00
4,900.00 4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00 4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
8,802.48
4,900.00
4,900.00
9,800.00
ASSMTS.
4,900.00
4,900.00
9,800.00
9,800.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,150.00
3,900.00
2,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,855.20
14,655.20
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
9,800.00
4,900.00
9,800.00
4,900.00
4,900.00
4,900.00
4,900.00
9,800.00
4,900.00
4,900.00
9,800.00
9,800.00
14,700.00
8,802.48
2010 Pavement Management Assessments
PID HOUSE STREET
32 11821410029 6445 OLSON MEMORIAL HWY
32 11821410028 6501 OLSON MEMORIAL HWY
32 11821410006 6657 OLSON MEMORIAL HWY
32 11821410005 6677 OLSON MEMORIAL HWY
3211821410004 6697 OLSON MEMORIAL HWY
3211821420012 6837 OLSON MEMORIAL HWY
3211821420021 6921 OLSON MEMORIAL HWY
3211821420014 6931 OLSON MEMORIAL HWY
3211821420077 7001 OLSON MEMORIAL HWY
33 11821 33 0008 15 PAISLEY LANE
33 11821330007 25 PAISLEY LANE
33 11821330046 26 PAISLEY LANE
33 11821330006 109 PAISLEY LANE
33 11821330043 112 PAISLEY LANE
33 11821330005 117 PAISLEY LANE
3311821330041 124 PAISLEY LANE
3311821330009 125 PAISLEY LANE
33 11821330010 205 PAISLEY LANE
33 11821330042 208 PAISLEY LANE
33 11821330002 211 PAISLEY LANE
33 11821 33 0031 216 PAISLEY LANE
3311821330003 217 PAISLEY LANE
33 11821330004 221 PAISLEY LANE
33 11821330014 227 PAISLEY LANE
33 11821 33 0015 235 PAISLEY LANE
33 11821330012 245 PAISLEY LANE
33 11821330013 250 PAISLEY LANE
32 11821410014 6400 WESTCHESTER CIRCLE
32 11821410036 6401 WESTCHESTER CIRCLE
3211821410035 6407 WESTCHESTER CIRCLE
32 11821410015 6412 WESTCHESTER CIRCLE
32 11821410034 6415 WESTCHESTER CIRCLE
32 11821410033 6421 WESTCHESTER CIRCLE
32 11821410016 6424 WESTCHESTER CIRCLE
32 11821410032 6427 WESTCHESTER CIRCLE
3211821410017 6432 WESTCHESTER CIRCLE
32 11821410018 6438 WESTCHESTER CIRCLE
32 11821410044 6443 WESTCHESTER CIRCLE
3211821410019 6444 WESTCHESTER CIRCLE
32 11821410043 6447 WESTCHESTER CIRCLE
32 11821410020 6450 WESTCHESTER CIRCLE
32 11821410042 6453 WESTCHESTER CIRCLE
32 11821410021 6458 WESTCHESTER CIRCLE
32 11821410013 6461 WESTCHESTER CIRCLE
32 11821410022 6466 WESTCHESTER CIRCLE
32 11821410012 6469 WESTCHESTER CIRCLE
32 11821410011 6473 WESTCHESTER CIRCLE
32 11821410010 6475 WESTCHESTER CIRCLE
32 11821410023 6478 WESTCHESTER CIRCLE
LEVIED DEFERRED
4,900.00
9,800.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00 4,900.00
4,900.00 4,900.00
4,900.00
4,900.00 4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00 4,900.00
4,900.00
4,900.00
4,900.00
4,900.00 4,900.00
4,900.00
4,900.00 9,800.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
ASSMTS.
4,900.00
9,800.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
9,800.00
9,800.00
4,900.00
9,800.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
9,800.00
4,900.00
4,900.00
4,900.00
9,800.00
4,900.00
14,700.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
2010 Pavement Management Assessments
PID HOUSE STREET
32 11821410009 6481 WESTCHESTER CIRCLE
32 11821410024 6484 WESTCHESTER CIRCLE
32 11821410008 6489 WESTCHESTER CIRCLE
32 118 21 41 0025 6490 WESTCHESTER CIRCLE
32 11821410026 6494 WESTCHESTER CIRCLE
32 11821410007 6495 WESTCHESTER CIRCLE
32 11821410027 6498 WESTCHESTER CIRCLE
LEVIED DEFERRED
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
ASSMTS.
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
4,900.00
781,951.72 102,900.00 884,851.72
Resolution 10-23
April 7, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR
VARIOUS PUBLIC IMPROVEMENTS FOR STREETS IN THE
2010 PAVEMENT MANAGEMENT AREA
1. The amount proper and necessary to be specially assessed at this time for
various public improvements:
Project Years Interest Rate First Year Levy Total Assessed
2010 Pavement 10 7% 2011 $781,951.72
Management Area
Deferred Assessments $102,900
against every assessable lot, piece, or parcel of land affected thereby has been duly
calculated upon the basis of benefits, without regard to cash valuation, in accordance with
the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as
required by law that this Council would meet to hear, consider and pass upon all
objections, if any, and said proposed assessment has at all time since its filing been open
for public inspection and an opportunity has been given to all interested persons to present
their objections if any, to such proposed assessments.
2. This Council, having heard and considered all objections so presented, finds that
each of the lots, pieces and parcels of land enumerated in the proposed assessment was
and is specially benefited by the construction of said improvement in not less than the
amount of the assessment set opposite the description of each such lot, piece and parcel
of land respectively, and such amount so set out is hereby levied against each of the
respective lots, pieces and parcels of land therein described.
3. The proposed assessments are hereby adopted and confirmed as the proper
assessments for each of said lots, pieces and parcels of land respectively, and the
assessment against each parcel, together with interest at the rate of seven (7) percent per
annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general
taxes upon parcel and all thereof. The total amount of each such assessment not prepaid
shall be payable in equal annual principal installments extending over a period of years, as
indicated in each case. The first of said installments, together with interest on the entire
assessment for the period of January 1, 2011 through December 31, 2011, will be payable
with general taxes for the year of 2010, collectible in 2011, and one of each of the
remaining installments, together with one year's interest on that and all other unpaid
installments, will be paid with general taxes for each consecutive year thereafter until the
entire assessment is paid.
Resolution 10-23 - Continued
April?,2010
4. Prior to certification of the assessment to the County Auditor, the owner of any
lot, piece or parcel of land assessed hereby may at any time pay the whole such
assessment, with interest to the date of payment, to the City Treasurer, but no interest
shall be charged if such payment is made by November 19, 2010.
5. The City Clerk shall, as soon as may be, prepare and transmit to the County
Auditor a certified duplicate of the assessment roll, with each installment and interest on
each unpaid assessment set forth separately, to be extended upon the proper tax lists of
the County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
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
Mora m
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
4. B. Public Hearing - Ordinance #436 - Amending Section 11.21 Restricting Driveway and
Street Access in Single Family Zoning District (R-1)
Prepared By
Joe Hogeboom, City Planner
Summary
Staff is requesting that the City Code be amended to limit street curb cut access points in the
Single Family Zoning District (R-1) to one access point per parcel. Allowing one street curb
cut access point has been standard practice by the Public Works Department; however, it is
not currently a part of City Code. Staff has expressed concern over the increasing number of
property owners requesting additional curb access points.
The codification of street curb cut access point guidelines allows the City to able to enforce
standard procedures throughout the community. It also allows residents wishing to receive
additional street curb cut access points the ability to petition to the Board of Zoning Appeals,
rather than informally lobbying the City Council. The proposed language includes two specific
conditions where a resident can have two street curb cut access points. These conditions
include the existence of two legally conforming garages located on one parcel and the ability
to qualify for a reduced class rate for homestead property.
Staff believes that adding requirements to the City Code that address street curb cut access
points is an appropriate measure and seeks Council's support.
Attachments
Underlined/Overscored Version of Section 11.21, Subdivision 19 (1 page)
Ordinance #436, Amending Section 11.21, Restricting Driveway and Street Access in Single
Family Zoning District (R-1) (1 page)
Recommended Action
Motion to adopt Ordinance #436, Amending Section 11.21, Restricting Driveway and Street
Access in Single Family Zoning District (R-1).
9 11.21
*Subdivision 19. Paved Area, Drivewavs and Street Access Requirements
Paved areas in the Single Family (R-1) Zoning District, include those constructed of
concrete, bitumiuous pavement, or pavers, and are governed by the following
provisions:
A. Driveways built or reconstructed on or after January 1, 2005, shall be paved.
B. Setbacks. Paved areas shall be setback three (3) feet from a side yard property
line, except for shared driveways used by multiple property owners pursuant to a
private easement.
Source: Ordinance No. 415, 2nd Series
Effective Date: 02-13-09
C. Coverage. No more than forty percent (40%) of the front yard may be covered
with concrete, bituminous pavement, or pavers.
Source: Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
*Renumbering Source
Ordinance No. 382, 2nd Series
Effective Date: 3-28-08
D. Street Access. Each lot may have only one (1) street curb cut access, except tets
-w-ffft the following lots situ.:ltions may have up to two (2) street curb cut accesses
(cost for the .:Iddition.:ll strcct curb cut .:Iccess point sh.:lll bc .:Issesscd to the
property o...mer):
1. A lot that contains two (2) legally constructed garages.
2. A lot of a resident person residing on the property that requires additional
driveway access that qualifies for a reduced class rate for homestead property
as defined by MN Statute 273.13 subdivision 22 Class lb. to .:Iccommod.:lte .:I
physic.:ll dis.:lbility th.:lt qU.:llifies for .:I 'dis.:lbility p.:lrking permit' .:IS defined by
~1N St.:ltute 169.345 A physic.:ll dis.:lbility of .:I person residing on the property
requires .:Iddition.:ll .:Iccess.
~ A lot th.:lt cont.:lin3 .:In existing horseshoe drive......:I'y'.
ORDINANCE NO. 436, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.21, Restricting Driveway and Street Access
in Single Family Zoning District (R-1)
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 11.21 entitled "Single Family Zoning District (R-1)" is
amended by adding Subdivision D to read as follows:
D. Street Access. Each lot may have only one (1) street curb cut access, except the
following lots may have up to two (2) street curb cut accesses:
1. A lot that contains two (2) legally constructed garages.
2. A lot of a resident that requires additional driveway access that qualifies for a
reduced class rate for homestead property as defined by MN Statute 273.13
subdivision 22 Class 1 b.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 7th day of April, 2010.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virnig
Susan M. Virnig, City Clerk
Hey
M 0
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
5. A. Continued Ordinance #434 - Approval of Amended Conditional Use Permit 95,
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park, Applicant
Prepared By
Joe Hogeboom, City Planner
Summary
Mark Muller, owner of the 3rd Lair Skate Park, has requested two amendments to Conditional
Use Permit (CUP) 95. The amendments would allow the 3rd Lair Skate Park to reduce its
parking requirements and expand its hours of operations. A public hearing was held at the
March 16, 2010 City Council meeting to review this request.
The City Council closed the public hearing and tabled the 3rd Lair Skate Park's request to the
April 7 Council meeting. The purpose of this motion was to allow the City Attorney to review
and revise the language associated with the proposed conditions. An underlined and
overscored version of the originally proposed conditions in included for reference.
The following conditions have been clarified and reviewed by staff and the City Attorney and
are duplicated in the ordinance:
1. The applicant shall submit a written report to the City Manager prior to the issuance of
the Amended Conditional Use Permit showing that the property (both building and site)
has been brought into compliance with the Fire Code and the Building Code.
2. The parking area shall allow space for a screened dumpster. The screening for the
dumpster shall be approved by the Building Official.
3. The parking area shall comply with Americans with Disability Act standards, including
providing adequate handicapped-accessible parking.
4. Proof shall be provided and maintained throughout the life of this permit that at least 25
total striped stalls exist and are usable either on-site or through an off-site rental
agreement.
5. If there is an off-site rental agreement, a signed and notarized agreement for parking
access shall be obtained from an owner of property within 500 feet of the 3rd Lair site (a
copy thereof shall be provided to the City). This document shall allow the use of at least
25 parking spaces for 3rd Lair. 3rd Lair shall give the City notice of the expiration of the
rental agreement at least 30 days prior to its expiration and provide the 25 spaces on the
3rd Lair property.
6. Operating hours shall be 8 am to midnight daily.
7. The City Manager shall be given a written 30-day notice for "all-nighter events" and large
events and a two week written notice for all after hour events/park rentals.
8. The applicant shall submit to the City Manager a written report by September 1,2010
regarding compliance with the Conditional Use Permit including: parking, safety issues
and code compliance.
9. All notifications of private parties, "all-nighters," large events, and after hour events/park
rentals shall include an estimate of the number of persons that will be attending. The City
reserves the right in the sole discretion of the City Manager to require that 3rd Lair hire a
member of the Golden Valley Fire Department to ensure that all occupancy limitation
code requirements are met. Also, the City reserves the right to require that 3rd Lair hire a
Golden Valley Police Officer to be in attendance at any event in order to help ensure the
safety of attendees.
10. The applicant shall provide the City with a full and complete indemnity for all claims that
could be brought against the City as a result of its use of the property, in a form
satisfactory to the City Attorney.
11. The applicant is required to provide liability insurance coverage to the City in the statutory
maximum (presently $1,500,000) as either a named insured or an "additional insured" on
its insurance policy and that it provide the City Attorney with a copy of its insurance policy
for inspection and review.
Attachments
Ordinance #434, Approval of Conditional Use Permit #95, Amendment #1, 850 Florida
Avenue South (2 pages)
Recommended Action
Motion to adopt Ordinance No. 434, Approval of Amended Conditional Use Permit No. 95,
Amendment 1, 850 Florida Avenue South, Mark Muller, 3rd Lair Skate Park, Applicant.
ORDINANCE NO. 434, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 95, Amendment #1
850 Florida Avenue South
Mark Muller (3rd Lair Skate Park), Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is
amended in Section 11.10, Subd. 2, and Section 11.47, by approving a Conditional Use
Permit Amendment for certain tracts of land at 850 Florida Avenue South, thereby
amending the existing Conditional Use Permit as follows in the existing building located
in the Mixed Use zoning district.
This Conditional Use Permit Amendment is approved based on the findings of
the Planning Commission pursuant to City Code Section 11.80, subd. 2(G), which
findings are hereby adopted and incorporated herein by reference.
This Conditional Use Permit Amendment is subject to all of the terms of the
existinq permit to be issued including, but not limited to tho f-ollO'.ving specific conditions:
as well as the following additional conditions:
1. The applicant fffilSt shall submit a written report to the City Manager by June 1,
2Q.W prior to the issuance of the Amended Conditional Use Permit showing that
tReff the property (both buildinq and site) (outdoors) has been brought into
compliance with the Fire Code and the Building Code.
2. The parking area fffilSt shall allow space for a screened dumpster. The screening
for the dumpster fffilSt shall be approved by the Building Official.
3. The parking area fffilSt shall comply with American~ with Disabilityies Act
standards, including providing adequate handicapped-accessible parking.
4. Proof fffilSt shall be provided and maintained throuqhout the life of this permit that
at least 25 total striped stalls exist and are usable by June 1, 2010 either on-site or
through an off-site rental agreement.
5. If there is an off-site rental agreement, a signed and notarized agreement for
parking access fffilSt shall be obtained from an owner of property within 500 feet of
the 3rd Lair site (a COpy thereof shall be provided to the City). This document fffilSt
shall allow the use of at least 25 parking spaces for 3rd Lair. The document must be
provided to the City by Juno 1, 2010. 3rd Lair fffilSt shall give the City notice of the
expiration of the rental agreement at least 30 days prior to its expiration and provide
the 25 spaces on the 3rd Lair property.
6. Operating hours shall be 8 am to midnight daily. (The closing hours shall be 10 pm
until the completion of all changes required in tho building as notod by tho code
analysis presented to the Deputy Fire Marshall in February 2010.)
7. The City Manager shall be given a written 30-day notice for "all-nighter events" and
larqe events and a two week written notice for all e#lef after hour events/park
rentals.
8. The applicant fffilSt shall submit to the City Manaqer a written report by September
1, 2010 regarding compliance with tReff the Conditional Use Permit as amended
including: parking, safety issues and code compliance.
Distributed at meeting
ORDINANCE NO. 434, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 95, Amendment #1
850 Florida Avenue South
Mark Muller (3rd Lair Skate Park), Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is
amended in Section 11.10, Subd. 2, and Section 11.47, by approving a Conditional Use
Permit Amendment for certain tracts of land at 850 Florida Avenue South, thereby
amending the existing Conditional Use Permit as follows in the existing building located
in the Mixed Use Zoning District.
This Conditional Use Permit Amendment is approved based on the findings of
the Planning Commission pursuant to City Code Section 11.80, subd. 2(G), which
findings are hereby adopted and incorporated herein by reference.
This Conditional Use Permit Amendment is subject to all of the terms of the
existinq permit to be issued including, but not limited to the following specific conditions:
as well as all the following additional conditions (Conditions 1, 4, 10 and 11 below
must be fully complied with before any other term of this amendment is
effective.):
1. The applicant ffiH8t shall submit a written report to the City Manager by June 1,
~ prior to the issuance of the Amended Conditional Use Permit showing that
tAeif the property (both buildinq and site) (outdoors) has been brought into
compliance with the Fire Code and the Building Code.
2. The parking area ffiH8t shall allow space for a screened dumpster. The screening
for the dumpster ffiH8t shall be approved by the Building Official.
3. The parking area ffiH8t shall comply with American~ with Disabilityies Act
standards, including providing adequate handicapped-accessible parking.
4. Proof ffiH8t shall be provided and maintained throuqhout the life of this permit that
at least 25 total striped stalls exist and are usable by June 1, 2010 either on-site or
through an off-site rental agreement.
5. If there is an off-site rental agreement, a signed and notarized agreement for
parking access ffiH8t shall be obtained from an owner of property within 500 feet of
the 3rd Lair site (a copy thereof shall be provided to the City). This document ffiH8t
shall allow the use of at least 25 parking spaces for 3rd Lair. The document must be
~ed to the City by June 1,2010. 3rd Lair ffiH8t shall give the City notice of the
expiration of the rental agreement at least 30 days prior to its expiration and provide
the 25 spaces on the 3rd Lair property.
6. Operating hours shall be 8 am to midnight daily. (The closing hours shall be 10 pm
until the completion of all changos required in the building as noted by the code
analysis presented to the Deputy Fire Marshall in February 2010.)
9. All notifications of private parties (park rentals), and "all-nighters", large events and
after hour events/park rentals shall include an estimate of the number of persons
that will be attending. If the attendance is estimated to be more than 150 people,
The City reserves the right in the sole discretion of the City Manaqer to require that
3rd Lair hire a member of the Golden Valley Fire Department to ensure that all
occupancy limitation code requirements are met. Also, the City reserves the right to
require that 3rd Lair hire a Golden Valley Police Officer to be in attendance at any
event in order to help ensure the safety of attendees.
10. The applicant shall provide the City with a full and complete indemnity for all
claims that could be brought against the City as a result of its use of the property,
in a form to the satisfaction of satisfactory to the City Attorney.
11. The applicant is required to provide liability insurance coverage to the City in the
statutory maximum (presently $1,500,000) as either a named insured or an
"additional insured" on its insurance policy and that it provide the City Attorney with
a copy of its insurance policy for inspection and review.
Section 2. The tract of land affected by this ordinance is legally described as
follows:
Regular Land Survey No. 0648
South 170 feet of North 570 feet of Track E
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 4-@tIl 7th day of March April, 2010.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virniq
Susan M. Virnig, City Clerk
Distributed at meeting
7. The City Manager shall be given a written 30-day notice for "all-nighter events" and
larqe events and a two week written notice for all etRef after hour events/park
rentals.
8. The applicant fm:lSt shall submit to the City Manaqer a written report by September
1, 2010 regarding compliance with tAeif the Conditional Use Permit as amended
including: parking, safety issues and code compliance.
9. All notifications of private parties (park rentals), and "all-nighters", larqe events and
after hour events/park rentals shall include an estimate of the number of persons
that will be attending. If the attendance is estimated to be more than 150 people,
The City reserves the right in the sole discretion of the City Manager to require that
3rd Lair hire a member of the Golden Valley Fire Department to ensure that all
occupancy limitation code requirements are met. Also, the City reserves the right to
require that 3rd Lair hire a Golden Valley Police Officer to be in attendance at any
event in order to help ensure the safety of attendees.
10. The applicant shall provide the City with a full and complete indemnity for all
claims that could be brought against the City as a result of its use of the property,
in a form to the satisfaction of satisfactory to the City Attorney.
11. The applicant is required to provide liability insurance coverage to the City in the
statutory maximum (presently $1,500,000) as either a named insured or an
"additional insured" on its insurance policy and that it provide the City Attorney with
a copy of its insurance policy for inspection and review.
Section 2. The tract of land affected by this ordinance is legally described as
follows:
Regular Land Survey No. 0648
South 170 feet of North 570 feet of Track E
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this .wtR ih day of March April, 2010.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virniq
Susan M. Virnig, City Clerk
alley
em n
Manager's Office
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
5. B. Second Consideration - Ordinance #435 - Adding a New Section 2.21: Withholding
Approvals Due to Delinquencies or Default
Prepared By
Thomas Burt, City Manager
Summary
At its March 16 meeting the Council adopted on First Consideration, Ordinance #435, which
allows the City to withhold all licenses, permits or other City approvals for any unpaid fees,
charges, taxes and compliance with all state laws and local ordinances.
Attachments
Ordinance #435, Adding a New Section 2.21: Withholding Approvals Due to Delinquencies or
Defaults (1 page)
Recommended Action
Motion to adopt on Second Consideration, Ordinance #435, Adding a New Section 2.21:
Withholding Approvals Due to Delinquencies or Defaults.
ORDINANCE NO. 435, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 2.21: Withholding Approvals Due to Delinquencies or Defaults
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code, Chapter 2 is hereby amended by adding a new Section
2.21, entitled "Withholding Approvals Due to Delinquencies or Defaults", reading as
follows:
Section 2.21: Withholding Approvals Due to
Delinquencies or Defaults
Subdivision 1. Conditions to City Approvals
A license, permit, or other City approval or authorization of any kind may be
granted only to an applicant who:
A. Has complied with all applicable statutory and ordinance requirements
B. Has paid all fees, charges, taxes, special assessments and other debts or
obligations that are due from the applicant and payable to the City
regarding any matter
C. Is in compliance with all ordinance requirements and attached conditions
regarding other City approvals that have been granted to the applicant for
any matter
Subdivision 2. Waiver
The requirements of Section 2.21, Subd. l(B) and l(C) above may be waived in
the following circumstances:
A. The applicant, licensee or permittee has provided sufficient safeguards to
assure payment of debts or compliance with City requirements within a
reasonable time after the City approval
B. Enforcement of the requirements would result in a significant hardship to
the applicant through no fault of his/her own or would result in an
otherwise unfair situation
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 3. This Ordinance shall take effect after its publication as required by
law.
Adopted by the City Council this 7th day of April, 2010.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virnig
Susan M. Virnig, City Clerk
alley
mo
City Administration/Council
763-593-8003 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
April 7, 2010
Agenda Item
6. C. State of the City Video Presentation
Prepared By
Thomas Burt, City Manager
Summary
The State of the City video that has been prepared by staff will be presented at the meeting.