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05-04-10 agenda packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 4,2010 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER A. Roll Call 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting - April 20, 2010 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. Fireworks Permit - Americana Fireworks Display Company for Golden Valley Days Art & Music Festival 2. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Legion for Golden Valley Days Art & Music Festival 3. Solicitor's License - KLMN Readers Services Inc. 4. Gambling License Exemption and Waiver of Notice Requirement - Children's HeartLink D. Minutes of Boards and Commissions: 1. Planning Commission - March 22, 2010 2. Environmental Commission - March 22, 2010 3. Bassett Creek Watershed Management Commission - March 18, 2010 E. Bids and Quotes: 1. Street Maintenance Material - Bids F. Authorization to Sign Agreements for 2010 Pavement Management Program Sanitary Sewer Repair Program G. Approval of Requests for Beer and/or Wine at Brookview Park H. Proclamation for Public Service Recognition Week - May 3-9 I. Proclamation for Arbor Day and Month - May 13 J. Proclamation for National Public Works Week - May 16-22 K. Board/Commission Reappointments 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS A. Second Consideration - Ordinance #438 - Amending Section 4.05, Prohibiting Unfinished Sheet Metal Exterior Facing 6. NEW BUSINESS A. Off-Sale Intoxicating Liquor License - JT J Enterprises LLC d/b/a Lakeridge Wine and Spirits - 2580 Hillsboro Avenue North B. Call for Public Hearing - Issuance of Revenue Bonds - Local Government Information Systems (LOGIS) - 5/18/10 10-27 C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT alley mo Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 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 e nd Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 5, 2010 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig I 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. lllley Me ra m Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. C. 1. Fireworks Permit - Americana Fireworks Display Company for Golden Valley Days Art & Music Festival Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Americana Fireworks Display Company has submitted a fireworks permit application requesting approval to discharge aerial fireworks at the Golden Valley Days Art & Music Festival during the evening of Friday, May 21,2010 at 9:15 pm. A rain date is set for May 22, 2010 at 9:30 pm. The location of the fireworks display will be at the northeast corner of Brookview Park. Americana Fireworks Display Company has indicated that they need to maintain a 420-foot radius to discharge 6-inch aerial display shells. The launch site is the same location that has been used since 2005. Due to public safety concerns over the last few years during this event, staff will be installing parking restrictions at the following locations: Western Avenue, Brookview Parkway to Winnetka Avenue South restricting the south side; Harold Avenue, Winnetka Avenue North to Ridgeway Road restricting the south side; Hanley Road, Ridgeway Road to Western Avenue restricting the west side; and all of Western Terrace. This parking restriction began in 2008. Attachment Location Map ( 1 page) Recommended Action Motion to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at the Golden Valley Days Art & Music Festival on Friday, May 21, 2010 or on the rain date of Saturday, May 22,2010. ]- ~I" - - I ......... .... - .,. I~. r T........... :--....... - I z > ~ I 1< :~ I.. , a:: HAROLD AVE ~ \SIDtI1lID [ill]Il ITIID I / F (]]]]umn [[]]IJ I~ ~~~ & iii .). ~ V ~ CI ~ Q:" . ..' . ..."....,. ~. .' ......,. . ..... ...~... .' ", '. . i~r? , ~jll!il'..',."i <) ,.."jd ~ i,.."'0ii//. iX, l!i ii z z i' ...ta . ...~ ;: '.i. ..i...'>!!'.......: ~~.....,. "i> ii.,i." "'1' \i'. 'ii)/; c;;---;:; (,~; :I....,...........;.; ,\ .....i:i... ?(.............',.. ;';iI< U.', .'..... .' '. ('// F~4~fi<c'.0Z;. ....,.,......'.; "'i I ,iF .i. . ............. -~.~..;.;A?;;~;; ~" '.i.' ...... . \ i....,.,'.. .''''ii'.",'' /:, i.' ;&.i .....i... :> ...,........ .i./'.ii/.,/,';.'\.'\. ~ .', C) ~ I "N 'i ..... L- I.k' i .......,.i.i/<i<'ii. ,?: I ~ I""CJ L~ 1 ~~\ . .<.. 7fA C1tn( iiii( . ....,..... EIA'" ~ r-- -- - I.... · 0 I.. !'~.q~ ~ '... a:: ().x~ ~I--I\,;; >- ...;;..J, i ~ !~ ~c-- - ,,0;. ~ 1 ~ y~! ~ -/~7 LJ tI f .. -- -UVF ,Il! C j~ Cj ~ 0 I _ _ __n_ \ \ : J I I _ _ __~~~_~L Hey i, I i .: L... '. \: : . I ....~ .bJ \\ o No Parking Area Not to Scale Print Date: 5/1108 N SOUn;es; Hennepin County Surveyors Office for A Property Unes (2008). City of Golden Valley for all other layers. Valley Days Fireworks Temporary Parking Restrictions alley Mom City Administration/Council 763-593-8003 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. C. 2. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit - Chester Bird American Legion for Golden Valley Days Art & Music Festival Prepared By Thomas Burt, City Manager Summary The Golden Valley Days Art & Music Festival continues to grow in its success. This year, as in previous years, the Valley Days Committee has partnered with the Chester Bird American Legion to sell beer on Saturday, May 22, 2010 from 1 to 9:30 pm at the City campus. The sale of beer will be in a fenced area and monitored by American Legion staff. Their staff will check ID's and issue wrist bands to identify people of legal age. The City Code does provide for temporary sales of nonintoxicating malt liquor with Council approval. The American Legion will provide liability insurance naming the City as an additional insured in the amount of $1 ,000,000. Attachment Site Plan (1 page) Recommended Action Motion to approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Golden Valley Days Art & Music Festival on Saturday, May 22,2010 from 1 to 9:30 pm at the City campus. Hey M City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. C. 3. Solicitor's License - KLMN Readers Services Inc. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for KLMN Readers Services Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ z;o ~..L-- 7800 Golden Valley Road Number. of Persons: . ~ ~ Golden Valley, MN 55427 Type of License Requested: .22j\LktVr Enclose the sum of $~>(") oY- for c;( (number) peddlers/solicitors as required by City Code of the City of Golden alley and have complied with all the requirements of said Code necessary for obtaining this license. '}fLm/2/ Rbcz-dr?-r"J ~V'(L~~ I ~C (Business or Individual Name or Organization to be Licensed) 2-6 /.f 0:1 /f 't D ;J (MN Business ID or FEIN (Federal ID) for business licenses) \ Define Business D r 0,("'4-. I 0 /L..- (Corporation, Proprie orship, Partnership, Non-Profit, State of Incorporation or Individual) /Ir}/ 1"/q1 0 ~L#'I.J'.?~eJ 1/4 2-3"f 2. 2. g City, State and Zip Code) /}~--'/'- rt/?-- ?~}? ee//#6/jb.~23LI..-8J:5 /' (Telephone Number, including Area Code) ) , ) ('<- NOW, THEREFORE, J?1 /0 /J 4eLff~ U.Q/%(, hereby makes application for the (Applicant Name) ,,/ period of S/Y10 through 6/30/.J.Q, subject to the conditions and provisions of said City Code. ~$'..v~ (Signature of Applicant/ . cipal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): )rJ 19(] CL '2J.~fe .2"_6-f'0"u?7rrJvZJ Fv--' h~' d~ v',/ v NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: Ot0 rl L~ (If more space is needed, attach additional sheets) STATE OF mlrv~) ) 5S. COUNTY OF ) I, of J-.1 L h? /J ~ /e-..J j?~<:~ (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Subscribed and sworn to before me this ~-~4 ~ .J.> d~ ~'_ _ ,20 W (Signatur ) SEBASTIAN LEIGHTON Notary Public, Minnesota Commission No. 31014177 My Commission Expires Jan. 31, 2011 alley m d City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. C. 4. Gambling Ucense Exemption and Waiver of Notice Requirement - Children's HeartUnk Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 3D-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Children's HeartUnk requesting waiver of 3D day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Children's HeartLink. Minnesots Lawful Gambling LG220 Application for Exempt Permit An exempt permit may be i$sbled to a filQnpI'ofit Of7i)anization that: - col'lducts lawful fJamMng on five or fewer days, and - awards less than $50,000 in pMe. d~ a QAlendar y..r. Page 1 &f 2 2/10 Application fee for each event If . . . . n ,ostmark ' or received: less I18n 30 days more than 30 days before the event before the event $100 $50 OrpOOlatiGn name Children's HeartLink Previous fla~ permit number X-04749-09-002 Type of nonprofit ora-nl_tlon. Check one. D Fraternal D Religious D Veterans [g] Other nonprofit orlil8oization Mailing altldres$ City State Zip Code 5075 Arcadia Ave Edina MN 55436 County Hennepin Name of chief executive officer (CEO) Elizabeth Perlich Sweeney Daytime phone number 952-928-4860 Emai! a(l(lreS$ elizabeth@childrensheartlink.org 00 not attach a $ales tax exempt status ar federallD employer numbers as they are not proof of nonprofit status. D N~np~oflt Article. of In~arpor;atlon OR . current Certificate af Goad Standing. Don t have a copy'? ThiS certificate must be abtain.d eaoh year from: Seeretary of State, f!usiness Services Oiv., 180 State Ofliee Building, St Paw, MN 55155 Phone: 651-296-2803 r\t1~lncame tax exemption [501(clJ letter In yaur arganlzatlon'. name. l..p! Don't have 8 copy'? To obtain 8 copy of your federal income tax exempt letter, have an organizationoflieer eontact the IRS at 877-829-5~OO. ~~ . A_ of .......1, .,,_. or ............1.."'... ....._ .....--10_ ~ If your organization falls unaer a parent organization, attach copies of ~of the following: 8. IRS letter showing your parent organization is .. nonprofit 501(c) organization with a IiJroup ruling, ana b. the eharter 0r letter from your parent organization recognizing your orliJanization as a suborainate. ~ ~:- proaf previously submitted to Gamblinl Control Board If you previously submitted proof of nonprofit status from the IHS, no attachment is required. GAMBLING PREMISES tNFORMA liON ........... Nal'l'le"6fpfel'l'li$~$wtti!re"gahi&ljhgactMtYwltibt9..C6rldl.lCted .(for.taffles,llstthetite.wtterethedtawlriQ willtiii<eplace) Golden Valley Golf and Country Club Address (ao not use PO box) City 7001 Golden Valley Rd Golden Valley Date(s) of activity (for raffles, indieate the tilate of the arawing) June 14, 2010 Zip Code 55427 County Hennepin heck the box or boxes that indieate the type of gambling activity your organization will conduct: D Bingo' ~ Raffles D Paddlewheels' D Pull-Tabs' DTipboards' * Gambling equipment for pull-tabs, blnlllo paper, tipboards, anltl pad~eels must be obtained from a distributor licensed by the GamMng Control Board. EXCePTION: Bingo hard cards and bingo number selection devices may be borr0wecl from another organization authorized to conduct binlllo. To find alicensecl distributor, go to www.gcb.state.mn.us and click en List of Licensecl Distributors, er caft 651-639-4076. Also complete Page 2 of this form. LG220 Application for Exempt Permit pa9fl 2 012 1/10 ,,",,(lQA',t.lNil'f:OFlo~IRNM:EN'f.iQ~NOw'lbgMIN'f If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county offICial must check the action that the county is taking taking on this appHcation and si~ln the application. on this application and sign the application. A towl1$hlp official Is not required to sign the appllcatJon. The application is acknowledged with no waiting period. .....:..... The application is acknowledwed with a 30 day waiting period, and allows the Board to issue a permit after 30 days '60 days for II 1st class city). _The application is denied, Date~2:iJJ1L _The application is acknowledged with no waiting period, _The application is acknowledged with a 30 day waiting period, and aHows the Board to issue a permit after 30 days. _The application is denied. Print county name On hehalf of the oounty, I aCknowledge this application, Signature of county official receiving application Title Date---1---1_ (Optional) TOWNSHIP: On behalf \!If the wwnship, I acknowledge that the arganiZation Is applying for exempted gambling activity within township Hmits. [A wwnship has no statutQl)' authority to approve or deny an appRcation [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date ---1---1_ The information provided in this application is oomplete and accurate to the hest of my knowledge, I acknowledge that the financial report will be oompleted and retu I ~~e Board within 30 days of the date of our gambling ao!rity. Chief executive officer's signature P Date lf7t ~ ( 0 Complete a separate application for each gambing activity:nanclal report and recordkeeplng required - one day of gambling activity, A financial report form and instructions will be sent with - two or more oonsecutive days of gambling activity, your permit, or use the online fill-in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Questions? Make check payable to "State of Minnesota," Can the Licensing Section of the Gambling Control To: Gambling Control Board Board at 651-639-4076. 1711 West County Road e, Suite 300 South Roseville, MN 55113 This form will be made available in alternative the Board will be able to process your fo at (' I . t B 'II) t organization's application, Your organization's rm ~.e. arge ~nn, ra! e upo~ reques , name and address will be public information Data.prlvacy notlce:The information ~equested when received by the Board. All other on thiS form ~and any attachments) Will be used information provided will be private data until by the ~ambhng Con~rol ~o~rd (B~ard).to the Board issues the permit. When the Board det~rmlne y~ur organlzatJo~ s qua,h~~tJ~ns to issues the permit all information provided will b~ Involved In lawful ga~bl~ng activities ,In become public. If the Board does not issue a Minnesota, Your or~anlzatlo,n has the nght to permit, all information provided remains private, refuse to ~upply the In~or":,atlon requested; with the exception of your organization's name h~w~ver, If~our organization refuses to supply and address h'ch 'II reman p blic. Private thiS Inf~rmation, the B,oar~ may no! be ~ble to data are avai~b:e t~~ Boar~ m~mbers Board determine your organization's quahficat!ons staff whose work requires access to th~ and, as a consequence, may refuse to Issue a permit. If you supply the information requested, information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and 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. Children's Heartlink HEALING HEARTS WORLOWIOE April 29, 2010 City of Golden Valley Licensing Department 7800 Golden Valley Road Golden Valler, MN 55427 To Whom it May Concern Children's HeartLink will hold a fundraising raffle on Monday June 14,2010. We respectfully request that you acknowledge the attached gambling permit application, and that the City Council waive any waiting period for the exemption for lawful gambling permit required for this type of event. Thank you for your consideration. SinC~eelY' ...4 / '~ ~" 1/' KI);'--:" / iy <". ,'1 , / t ". \ ~ r//'~ ~ I K t. 'H : ~ --------. a Ie ememann --"-_, Event Manager ~ '"' 5075 Arcadia Avenue Minneapolis, Minnesota 55436-2306 U.S.A. I 952-928-4860 P I 952-928-4859 f I www.childrensheartlink.org Regular Meeting of the Golden Valley Planning Commission March 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, March 22, 2010. Chair Keysser called the meeting to order at 7:05 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. 1. Approval of Minutes February 22, 2010 Regular Planning Commission Meeting Eck referred to the first sentence on page 6 and noted that the word "he" needed to be added. Waldhauser referred to the last sentence on page 7 and stated that it should be changed to read as follows "She suggested to the applicants that they establish an advisory board to help the business side of their operation". 2. Informal Public Hearing - Conditional Use Permit - 2420 Nevada Avenue North - CU-127 Applicant: U.S. Fleet Lease - Edward Johnson, Applicant Address: 2420 Nevada Avenue North Purpose: To allow the operation of a used motor vehicle sales business in the Industrial Zoning District. Hogeboom explained that the applicant is proposing to sell pre-owned government fleet vehicles. The property is located in the Industrial Zoning District which allows the sales and service of automobiles through a Conditional Use Permit. He added that the applicant has facilities in Maple Grove and in Ham Lake but they would like to be located in Golden Valley due to its central location. Hogeboom referred to his staff report and discussed the ten factors used when analyzing a Conditional Use Permit request. He stated that staff is recommending approval of this request and discussed the proposed conditions of approval. He referred to one of the conditions regarding an existing fence and gate on the property and explained that the gate must be removed or upgraded to meet the standards of the Minnesota State Fire and Building Codes in order to allow emergency egress for the neighboring business to the south at 2400 Nevada Avenue North. Keysser asked if the applicant owns the property. Hogeboom said no, the applicant will be leasing the building. Minutes of the Golden Valley Planning Commission March 22, 2010 Page 2 Keysser referred to a letter the Planning Commission received from a neighboring property owner regarding junk being stored on the subject property. He asked if the junk will be removed. Hogeboom said he thinks the items stored on the property will be removed because the cars the applicant is proposing to sell will be located in that area. Cera referred to the same letter and asked about the concern mentioned regarding the lawn irrigation system being hooked into the city water system without a vacuum pressure breaker. Waldhauser stated that since there will be no repairs or oil changes done on-site she doesn't think water contamination is a concern in this case. McCarty agreed that the risk of gasoline or other contaminants getting into a sprinkler head is minimal. Schmidgall added that he doesn't think the vacuum pressure breaker requirements have to be addressed unless the building is undergoing significant changes. Edward Johnson, Applicant, stated that he specializes in government fleet vehicles. They purchase them, clean them up and sell them to other businesses and to the public. He explained that he won't need more than one small sign because most of their business is done through the internet. He clarified that the boats currently stored on the property will be removed because that is where he will be storing his vehicles. He added that he would be willing to work with the neighboring property owner on providing some sort of screening. He referred to the condition of approval regarding the fence and gate issue and said he is in the process of obtaining estimates for a new gate and for now the gate will be unbolted and left open so it can be used for egress until the issue is resolved. Keysser asked about the hours of operation. Johnson explained that they are only open 3 or 4 days per week and most of their hours are by appointment only. Eck asked the applicant where he would be servicing his vehicles. Johnson stated that he has a contract with a shop in Maple Grove that does all of the servicing, cleaning, detailing and auto body work for his vehicles. Keysser asked if the vehicles would be brought to this location on a truck. Johnson said no and explained that the vehicles would be driven to the Golden Valley site or directly to the shop in Maple Grove. Cera asked how many vehicles would be located at this site. Johnson said he has never had more than 20 vehicles at one time. Keysser asked about the number of employees. Johnson said he has one employee and added that there are 7 to 9 parking spaces in addition to the vehicle storage area and on-street parking. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Eck said he doesn't have any objections to the proposal. Waldhauser agreed and said she was concerned about the type of vehicles that were going to be sold but it sounds like there will only Minutes of the Golden Valley Planning Commission March 22, 2010 Page 3 be autos sold and there isn't going to be much traffic generated as a result of this proposal. McCarty agreed. MOVED by Cera, seconded by Schmidgall and motion carried unanimously to recommend approval to allow the operation of a used motor vehicle sales business at 2420 Nevada Avenue North subject to the following conditions: 1. All signage shall meet the requirements of Section 4.20 of City Code. 2. No motor vehicles for sale shall be located on City streets at any time. 3. All future improvements to the building shall meet the City's Building Code requirements. 4. No major service of vehicles shall take place on the premises. 5.' The gate to the property at 2420 Nevada Avenue North shall be removed or upgraded to the standards of the Minnesota State Fire and Building Codes to allow emergency egress for the occupants at 2400 Nevada Avenue North. 6. All other applicable local, state and federal requirements shall be met at all times. 7. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Waldhauser reported on the March 16 City Council meeting where the 3rd Lair Conditional Use Permit Amendment request was tabled to the April 7 City Council meeting. She questioned if obtaining a code analysis is a standard requirement for Conditional Use Permit requests. Hogeboom explained that it is standard to have the Fire and Inspections Department review Conditional Permit requests and that it is their decision if a code analysis is required. 5. Other Business No other business was discussed. 6. Adjournment The meeting was adjourned at 7:28 pm. Lester Eck, Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes March 22, 2010 Present: Commissioners, Baker, Gitelis, Hill, Pawluk and Stremel; Mark Grimes, Planning Director, Joe Hogeboom, City Planner, Kevin Knase, Planning Intern, Jeannine Clancy, Public Works Director, Lisa Nesbitt, Administrative Assistant; and Randy Kiser, Hennepin County Environmental Services Absent: Commissioner Anderson 1. Call to Order Baker called the meeting to order at 7:00 pm. 2. Approval of Regular Meeting Minutes - February 22, 2010 MOVED by Hill, seconded by Gitelis, and the motion carried unanimously to approve the minutes of the February 22,2010 meeting. 3. Residential Solid Waste and Recycling Study Randy Kiser, from Hennepin County Environmental Services attended the meeting at the request of the Planning Department. He reviewed Hennepin County's recycling ordinance and answered questions. Knase developed questionnaires for the commissioners to complete in an effort to define priorities. The commissioners requested additional items be added. Knase will revise and e-mail to the commissioners. The results will be discussed at the next meeting. A panel discussion with other cities will take place at the April meeting. Clancy passed along a request, from a resident, to replace curbside recycling with a central recycling location. The practice would not meet the requirements of the county's ordinance. Plymouth and Minnetonka are in the process of doing a survey of their citizens and are willing to share the results of the survey with Golden Valley. 4. Program/Project Updates A. TMDL - An updated matrix was given to the commissioners. The draft report for Medicine Lake is with the steering committee for review. There is concern, on the part of the city, that the report does not allow for any internal loading. There is a similar issue with Sweeney Lake. B. 1/1 - Point of sale inspections have increased. MCES granted pro-rated funds to residents that contracted to have their service laterals repaired but the work could not be completed in time for them to participate in the service lateral grant program. A total of approx. $13, 200 was awarded to 13 residents. C. Private Development Update - Globus One Commercial has been designated as the preferred developer for the MnDOT site. Minutes of the Environmental Commission March 22, 2010 Page 2 of 2 A Mexican restaurant will be opening up in the Spring Gate mall. Walgreen's has contacted the city regarding a proposed store near Winnetka and Medicine Lake Rd. The City will be working with the County on a mill and overlay project for portions of Douglas Drive as a part of a three-lane conversion from Golden Valley Rd to Cty Rd 8 in Crystal. D. Emerald Ash Borer - The tree inventory is still in progress. It is approximately 25% complete. E. MPCA Progress Repor t - no changes 5. Commission Member Council Reports None 6. Other Business Gitelis reported that the Sustainability conferences were well attended. Hill attended the Home Remodeling Fair 7. Adiourn MOVED by Stremel, seconded by Pawluk, and the motion carried to adjourn. The meeting adjourned at 8:45 pm. The next scheduled meeting will be April 26,2010 at 7:00 pm. atershed Management Commission eeting of March 18,2010 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:30 a.m., Thursday, March 18,2010, at Golden Valley City Hall by Chair Loomis. 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, Chair Alternate Commissioner Ted Hoshal Commissioner Michael Welch, Treasurer Commissioner Bonnie Harper-Lore Commissioner John Elder Commissioner Ginny Black, Vice Chair Not represented Commissioner Jim deLambert Counsel Engineer Recorder Charlie LeFevere Len Kremer Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Jack Frost, Metropolitan Council Lee Gustafson, BCWMC Technical Advisory Committee, City of Minnetonka Kathi Hemken, Alternate Commissioner, City of New Hope Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Geoffrey Nash Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley Justin Riss, Alternate Commissioner, City of St. Louis Park Al Sarvi, Friends of Northwood Lake Association Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth 2. Approval of Agenda and Consent Agenda Mr. LeFevere requested the removal of the Counsel Communications from the Consent Agenda. Commissioner Welch requested the removal of the financial report from the Consent Agenda. Commissioner Black moved to approve the minutes from the February 18,2010, BCWMC meeting. Commissioner Welch seconded the motion. The motion carried unanimously [City of Robbinsdale absent from the vote]. 3. Citizen Input on Non-Agenda Items No citizen input on non-agenda items. 4. Administration A. Presentation of the February 18, 2010, BCWMC meeting minutes. The minutes were approved as part of the Consent Agenda discussion. B. Presentation of the Financial Statement. Commissioner Welch reported that BCWMC Deputy Treasurer Sue Virnig is looking at ways to reduce the BCWMC's fees and increase interest rates. Commissioner WeIch said he is planning to follow up with her regarding the distinction between the BCWMC's funds that are in non-interest-bearing accounts, which means the funds do not need to be collateralized, and the funds that are in investments, which are backed by Fannie Mae or Freddie Mac. Acting Commissioner Stockhaus moved to receive and file the financial report. Commissioner Black seconded the motion. The motion carried unanimously [City of Robbinsdale absent from vote.] The general and construction account balances reported in the March 2010 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 729,504.63 729,504.63 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 2,063,881.55 533,957.50 500,000.00 3,097,839.05 2,781,269.07 316,569.98 C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through January 31, 2010 - invoice for the amount of $921.80. ii. Barr Engineering Company - February Engineering Services - invoice for the amount of $37,758.47. iii. Amy Herbert - February Administrator Services - invoice for the amount of $3,228.88. iv. D'amico Catering - March 2010 meeting catering - invoice for the amount of $329.66. Chair Loomis had a comment on the Barr Engineering Company invoice and removed it from the roll call vote. Commissioner Black moved to approve invoices i, iii, and iv. Commissioner Harper- Lore seconded the motion. By call of roll, the motion carried unanimously [City of Robbinsdale absent from vote]. Chair Loomis stated that on page 8 of Barr Engineering Company's invoice there is a $5,085.50 item regarding the Sweeney Lake TMDL study. She said she spoke to the Commission Engineer about the charge. Chair Loomis reminded the Commission that there had been a meeting set up between the MPCA and the Sweeney Lake TMDL technical stakeholder group in which the MS4s were not invited to participate. Chair Loomis said that the charge on Barr's invoice is Barr's cost for preparing for that meeting. She reported that she has spoken with Brooke Asleson of the Minnesota Pollution Control Agency (MPCA), who stated that she had asked Barr to pull together the information because she felt 'out of the loop' on this TMDL and wanted to meet with the technical staff to get up to speed. Chair Loomis said she asked the Commission Engineer if this cost would be reimbursed to the Commission by the MPCA and that the Commission Engineer said it would not. Chair Loomis said she didn't know if the Commission should be bearing the cost to get the MPCA up to speed on the TMDL. Commissioner WeIch commented that the MPCA doesn't direct Commission staff to conduct work; the Commission directs it staff to conduct work. Chair Loomis added that the Commission did 2 #249561 vI BCWMC March 18,2010 Meeting Minutes direct staff to set up a meeting between the MPCA and the Sweeney Lake TMDL MS4s and the MPCA seemed to usurp it. Chair Loomis suggested that the Commission send a letter to the MPCA stating its concerns about the MPCA's direction to the BCWMC staff and the costs involved and requesting reimbursement. Commissioner Welch said he doesn't know if the Commission has a policy directly addressing this issue, but he thinks it should be made clear that the Commission directs its staff to undertake work and there is also a certain amount of discretion that staff needs to be able to conduct its work and be responsive since the Commission meets only once a month. Commissioner Black said she supports writing a letter to the MPCA. She said the MPCA's request to Commission staff should have come back to the Commission for direction and approval. Commissioner Black said the Commission should draft a policy that regulates work by staff when the work would be over a certain dollar amount. Commissioner Welch said the policy is in the best interest of the staff, too, because in between meetings items come up that need to be addressed. He said in the case with the Sweeney Lake TMDL, the Commission's stated interest was in having the Sweeney Lake TMDL meeting go forward. Commissioner Welch recommended that the Commission pick a dollar amount or ask for staff to work with Counsel and the Recorder on what would be an appropriate strncture and bring a proposed resolution back based on their experience that would give staff the flexibility they need that perhaps has an interim check place in such as an approval by the Chair. Commissioner Welch said he would be comfortable with authorizing such an interim approval for an expense of up to $5,000 to $10,000 for an ongoing project and thinks staff can work out a formula for the Commission review. Commissioner Welch moved for staff to prepare a draft policy for Commission review that structures the work taken on and invoiced by Commission staff between Commission meetings. Commissioner Black seconded the motion. The motion carried unanimously [City of Robbinsdale absent from vote]. Mr. Kremer explained that the MPCA asked Barr Engineering to pull together the information because the MPCA was trying to understand the relationship between the internal and external load as described in the Sweeney Lake TMDL. Mr. Kremer said the MPCA wanted to push toward a larger external load reduction and a smaller internal load reduction. He stated that the meeting materials needed to be assembled to explain how the recommendation was arrived at to implement BMPs that comprised the internal and external load reductions listed in the TMDL. Mr. Kremer said the MPCA claimed that the U.S. Environmental Protection Agency wouldn't approve the reduction recommendations listed in the TMDL and the MPCA wanted the Commission to increase the external load reduction and decrease the internal load reduction. Mr. Kremer said as a result, revisions were required on the TMDL text and modeling to arrive at the BMPs the MPCA wanted the TMDL to recommend. He said he understands that the TMDL that includes those revisions will be the TMDL submitted to the MS4s for review. Commissioner Black asked if the Commission will see a similar bill from SEH, Inc. Mr. Kremer said SEH had to spend money to go through similar work to revise the TMDL per the MPCA's feedback but he doesn't know if SEH will ask for additional compensation for the work. He commented that SEH has had to attend meetings that were not part of the work plan and perhaps SEH will request payment for those meetings. Commissioner Welch stated that those costs should be reimbursed by the MPCA. Mr. Kremer said the Commission could justify requesting reimbursement from the MPCA but based on information he has heard about the limited amount of funds available to complete the TMDLs he thinks the Commission would receive a response stating that funds aren't available for the reimbursement. Chair Loomis moved that the Commission pay the Barr Engineering Company invoice. Commissioner Black seconded the motion. By call of roll, the motion carried unanimously [City of Robbinsdale absent from vote]. Chair Loomis volunteered to draft the letter to the MPCA. 3 #249561 vI BCWMC March 18,2010 Meeting Minutes D. City of Plymouth Reimbursement Request - West Medicine Lake Park Pond Project. Mr. Kremer reported that the Commission Engineer has reviewed the materials that were submitted by the City of Plymouth for the reimbursement of approximately 46 % of the total estimated cost of the project. He said the project is approximately 50% complete and the Commission Engineer recommends full payment of the reimbursement request in the amount of $501,475.74. Commissioner Black moved to approve the reimbursement. Commissioner Harper-Lore seconded the motion. By call of roll, the motion carr~ed unanimously [City of Robbinsdale absent from vote]. E. Review Format of BCWMC's Annual Report. Commissioner Welch asked for the format of the executive summary to change from the current newsletter-style to the style of the executive summaries of the Commission's feasibility reports. He said it should highlight the information about the work completed in 2009 and the information currently listed in the sidebars is secondary information and should come after the 2009 work highlights. Commissioner Welch brought up the statutory requirement of a written communication by the watershed and suggested the Commission look at creating an annual newsletter piece that is sent to the taxpayers. Ms. Herbert commented that the Commission had done a few newsletters in the past. Chair Loomis asked Ms. Herbert to bring copies of the newsletter to the April BCWMC meeting. Commissioner Elder suggested that the BCWMC-member city Web sites have a link to the BCWMC Web site. Chair Loomis directed staff to move forward with preparing the annual report based on today's feedback. F. Commission- TAC Liaisons for Upcoming TAC Meetings. Commissioner deLambert and Commissioner Welch volunteered to attend the April TAC meeting if their schedules allow it once the meeting time and date are set. Commissioner Harper-Lore and Commissioner deLambert volunteered to attend the May 6th TAC meeting. 5. New Business No New Business 6. Old Business A. Meet with Geoffrey Nash. Chair Loomis reminded the Commission that at the February BCWMC meeting the Administrative Services Committee recommended Geoffrey Nash for the contracted role of Administrative Coordinator. She said that Mr. Nash is here today to introduce himself and to answer any questions. Commissioner Welch reminded the Commission that he has not participated in the discussions, interviewing process, or any other decision-making processes about the offering of the BCWMC's contract to Mr. Nash because of the potential of an appearance of a conflict of interest. He said that in the same manner he will abstain from any discussion or votes today about the awarding of Mr. Nash the contract for Administrative Coordinator. Mr. Nash introduced himself, explained that he is a geologist and has lived in Minnesota for 20 years, and let the Commission know that he is interested in becoming the Commission's Administrative Coordinator so that the Commission can continue its well-recognized history of achievements. He said that from reading through the organizational analysis by Springsted, Inc. it was clear that the BCWMC feels that more communication needs to be occurring, there are roles and responsibilities that need to be clarified, and a long list of items that a part-time administrator would help facilitate. Mr. Nash said his interest and qualifications for this position are based on the following three items: 1. For the past 19 months he has been the groundwater specialist for Ramsey Soil and Water Conservation District. He said it is not County Government but is partially funded by the County #249561 vI 4 BCWMC March 18, 2010 Meeting Minntes and agricultural fees. He completely revised a groundwater protection plan for the County, which is now in the County Managers hands. He said he is no longer working for that program as money for the program has run out and so he is doing other things. 2. He worked for the local environmental firm Wenck & Associates for 16 years. Mr. Nash said he did a lot of work for Minnehaha Creek and for Clearwater River Watershed District so he has had exposure to a lot of monitoring activities and surface water data analysis. 3. He is a manager, appointed by the Hennepin County Board of Commissioners, for the Nine Mile Creek Watershed District, which includes parts of the cities of Minnetonka, Edina, Bloomington, Eden Prairie, and several other communities. Mr. Nash said he has been a manager there for six years and before being appointed as manager he was the chairperson of the Citizens Advisory Committee. He said he resuscitated that committee, which is now up and running and is a functioning and necessary part of a watershed district. He commented that as the BCWMC has been more and more successful, it has been asked to do more and more things and that is where he thinks he could help the Commission. Mr. Nash responded to questions from the Commission. The Commission thanked Mr. Nash and Mr. Nash stepped out of the meeting room for the Commission to discuss the contract. Commissioner Black passed out a draft contract that had been put together by Mr. LeFevere and the Administrative Services Committee members Black, Loomis, and Sundberg. Mr. Elder moved for the Administrative Services Committee to negotiate a draft contract with Mr. Nash. Mr. Stockhaus seconded the motion. The motion carried unanimously [seven votes in favor, City of Minneapolis abstained from the vote, City of Robbinsdale absent from the vote]. B. TAC Recommendations. i. Scheduling More Frequent TAC Meetings. Mr. Gustafson reported that the TAC recommends that the Commission direct the TAC to meet once a month in order to complete the work the Commission has been directing to the TAC. The Commission directed the TAC to meet once a month and directed Ms. Herbert to schedule the meetings. ii. Accelerating CIP Projects. Mr. Gustafson reported that the TAC recommends that the Commission approve a revised CIP that moves the North Branch Channel Restoration project to 2011 from 2012. Commissioner Black moved to approve revising the CIP to move the North Branch Channel Restoration Project to 2011 from 2012. Commissioner deLambert seconded the motion. The motion carried unanimously [City of Robbinsdale absent from vote]. iii. Adding Hidden Lake and Medicine Lake to the 2010 CAMP Program. The TAC recommended against adding Hidden Lake to the CAMP program and recommended it add Medicine Lake only if an educational benefit could be achieved. Commissioner Welch moved to approve adding Medicine Lake to the BCWMC's participation in the 2010 CAMP program if a volunteer is found to monitor the small bay adjacent to the City of Medicine Lake as described by the TAC in its March 11,2010, memo. Commissioner Black seconded the motion. The motion carried unanimously [City of Robbinsdale absent from vote]. iv. Maintenance of BCWMC Projects. Mr. Gustafson encouraged the BCWMC to put together a policy manual, which could be organized or based on cities' policy manuals. Chair Loomis suggested adding the topic to a future meeting agenda. Mr. Gustafson discussed item by item the seven maintenance issues and recommendations listed in the 5 #249561 vI BCWMC March 18,2010 Meeting Minutes March 11,2010, TAC memo included in the BCWMC's meeting packet. Commissioner Black moved to table the discussion until the April meetiug so commissioners could review the information and discuss it with their T A C represeutative if needed. Commissioner Harper-Lore seconded the motion. Mr. LeFevere said the information may be more readable in a policy format. Mr. Gustafsou suggested the Commission use the TAC's recommendations as a guide until it puts a policy in place. Commissioner Black withdrew her motion and Commissioner Harper-Lore approved to withdraw the motion. Commissioner Black asked that this topic be put on next month's meeting agenda. Chair Loomis directed staff to put the T AC's recommendations into policy format for the Commission's review and discussion. v. TMDLs. Mr. Gustafson reported that the TAC tabled indefinitely discussion of the E. coli TMDL. He stated that the Commission could direct the TAC to review the Sweeney Lake TMDL when the final draft is ready and when a technical presentation of the TMDL could be given to the TAC. C. Joint and Cooperative Agreement for Stream Bank Restoration on the Main Stem of Bassett Creek. Mr. LeFevere explained that last fall a cooperative agreement between the BCWMC and Golden Valley was drafted but was put on hold until the cities of Golden Valley and Crystal worked out their cooperative agreement. He reported that it has been worked out and now the Cooperative Agreement between the BCWMC and Golden Valley is ready for adoption. Commissioner Black moved to approve the Cooperative Agreement for the Bassett Creek Main Stem Restoration Project. Commissioner Welch seconded the motion. Chair Loomis asked the Commission to include in the motion that Vice Chair Black can sign the agreement on behalf of the Commission. She explained that since she signed it on behalf of the City of Golden Valley she would like the Vice Chair to sign on behalf of the Commission. Commissioner Black said she agreed to that as a friendly amendment to her motion. Commissioner Welch agreed. The motion carried unanimously [City of Robbinsdale absent from vote]. D. Draft Minor Plan Amendmeut. Mr. Kremer reminded the Commission that it authorized staff at the February BCWMC meeting to prepare the draft minor plan amendment for adding projects to the BCWMC's CIP. Mr. Kremer said the draft includes addiug three projects under the minor plan amendment: Bassett Creek Main Stem Channel Restoration in Golden Valley, North Branch Channel Restoration in Crystal, and the modification of the Wirth Lake outlet in the City of Golden Valley. He recommended that the Commission submit its minor plan amendment request to BWSR by early April. Commissioner Welch commented that this draft minor plan amendment has the Commission moving ahead with putting the Wirth Lake outlet in the CIP that is expected to be part of an approved TMDL. He said the Commission hasn't yet made a decision on the Commission's role for funding projects under TMDL implementation plans. Chair Loomis commented that she didn't see how moving ahead with adding the Wirth project to the CIP locks the Commission in. Mr. Kremer added that previously the Commission authorized a project for Wirth Lake. He said the project described in the draft minor plan amendment was identified by the Commission as an alternative project to the second ponding project that has been on hold. Mr. Kremer said there is money left in the Wirth project fund to fund this project identified iu the draft minor plan amendment. [Commissioner Elder departs] Commissioner Welch commented that this Wirth project is the first project with the TMDL tag being proposed to be added to the CIP. Commissioner Black commented that if the TMDL were removed then the Commission would likely highly recommend the project for funding. 6 #249561 vI BCWMC March 18,2010 Meeting Minutes Commissioner Welch asked Mr. Kremer that if the Commission did not advance the Wirth project this year, would the Commission have a hole in the CIP where there is the potential to levy without having projects to levy for. Mr. Kremer responded that the only thing that would happen is that the Commission would delay the project by a year. Commissioner Welch moved to approve a revised draft minor plan amendment that removes the Wirth Outlet project and just includes the two channel restoration projects in the minor plan amendment for submission to BWSR. Acting Commissioner Hoshal seconded the motion. Commissioner Black stated that she would not support the motion. The motion carried with six votes in favor, one vote against [City of Plymouth], and two votes absent [Cities of New Hope and Robbinsdale]. E. TMDL Updates i. Wirth Lake TMDL. Mr. Kremer reported that the Wirth Lake TMDL is supposed to be available in mid April and the public meeting is supposed to be scheduled for late April or early May. ii. Sweeney Lake TMDL. Mr. Kremer said the Sweeney Lake TMDL revisions were sent from SEH to the MPCA and that Brooke Asleson of the MPCA indicated it would have comments by the end of April. iii. Medicine Lake TMDL. Mr. Kremer said the draft TMDL has been sent to the stakeholders. He said the Commission may want to direct the TAC to provide comments to the Commission on the TMDL. Chair Loomis directed the TAC to review the Medicine Lake TMDL at its April meeting and directed staff to provide its analysis to the Commission at the April meeting and to the TAC when the analysis is ready. iv. Bassett Creek Main Stem - E. Coli. Mr. Kremer explained that the memo in the meeting packet discusses the conference call between the Commission Engineer and various Commission and TAC representatives and Brooke Asleson and Barb Peichel of the MPCA. He said that unless the Commission directs the MPCA to do otherwise the Bassett Creek E. coli TMDL will be included in the upper Mississippi River E. Coli TMDL. He reported that the draft TMDL is expected to be ready in 2012. Mr. Kremer said the MPCA is requesting that future TMDLs be handled as watershed- wide TMDLs. Mr. Kremer stated that the remaining TMDLs in the Bassett Creek Watershed include the Northwood Lake nutrient TMDL, the Bassett Creek Main Stem biota TMDL, and the Bassett Creek Main Stem E. coli TMDL. He said the MPCA indicated that it is delaying the completion of additional TMDLs for biota impairments because they are reviewing their standards and the review will take a couple of years. Mr. Kremer said there could be an alternative for the Northwood Lake TMDL. He said Northwood fits more into the classification for a wetland than a lake and the Commission could ask the MPCA to consider removing Northwood Lake from the impaired list on the grounds that it is a wetland. Mr. Kremer said the issues in front of the Commission are whether it wants to withdraw the Main Stem E. coli TMDL from the upper Mississippi River E. coli TMDL, does the Commission want to proceed with a watershed-wide TMDL, and does the Commission want to get Northwood Lake classified as a wetland so that it is no longer considered an impaired lake. Chair Loomis said it sounds like the Commission doesn't need to take action at this time. #249561 vI BCWMC March 18, 2010 Meeting Minutes 7 F. Update on Cultural Resource Review Process for RMP. Mr. Kremer said the draft protocols that were approved by the BCWMC were submitted to the U.S. Army Corps of Engineers for review. He reported that the Corps forwarded the protocols to staff members and the MPCA for review. Mr. Kremer said he expects the reviews to be completed in the next couple of weeks. G. 2009 Flood Control Features Inspection. Mr. Kremer said there is a copy of the inspection report in the meeting packet. He said it is the Commission Engineer's recommendation that copies be forwarded to the DNR and the Corps and copies provided to MnlDOT and the cities. Commissioner Black moved to approve the actions described by Mr. Kremer. Commissioner WeIch seconded the motion. The motion carried unanimously [Cities of New Hope and Robbinsdale absent from vote]. H. Review Robbinsdale Comments on BCWMC Review of Local Surface Water Management Plan and Resolution 10-04 Approving the Plan. Deferred to later in agenda. I. Education Committee i. Education Grant Contract Extension - Meadowbrook Elementary. Commissioner Black moved to approve an extension of the grant agreement with Meadowbrook Elementary to June 30, 2010. Commissioner Harper-Lore seconded the motion. The motion carried unanimously [Cities of New Hope and Robbinsdale absent from vote]. ii. Education Grant Reimbursement Request - Birchview Elementary. Commissioner Harper-Lore moved to approve payment of $180 for the education grant for Birchview Elementary. Commissioner Black seconded the motion. The motion carried unanimously [Cities of New Hope and Robbinsdale absent from vote]. [Commissioner Welch departs meeting] H. Review Robbinsdale Comments on BCWMC Review of Local Surface Water Management Plan and Resolution 10-04 Approving the Plan. Mr. Kremer said the City of Robbinsdale responded favorably to the BCWMC's comments on the City's Local Surface Water Management Plan (Plan). He said the Commission Engineer recommends that the Commission approve the Plan and approve the Commission's Resolution 10-04 approving the City's Plan. Commissioner Black moves to approve Resolution 10-04. Commissioner deLambert seconded the motion. The motion carried unanimously [Cities of Minneapolis, New Hope, and Robbinsdale absent from vote]. I. Education Committee iii. Seed Packets. Commissioner Black reported that the Education Committee would like to purchase 300 seed packets to give away to residents at education events. She said the cost would not exceed $235 and would come from the Education and Public Outreach budget. Commissioner Black moved to approve the purchase of the seed packets at a cost not to exceed $235. Commissioner deLambert seconded the motion. The motion carried unanimously [Cities of Minneapolis, New Hope, and Robbinsdale absent from vote]. 7. Communications A. Chair: i. Chair Loomis reported that the Commission received a communication from the Minnesota Department of Natural Resources about an aquatic vegetative management program for Lost Lake. Mr. Kremer stated that in response to the communication, Jim Herbert of Barr Engineering forwarded to the DNR copies of the data that has been collected on Lost Lake, including some vegetation surveys. He said he thinks the DNR is asking whether the 8 #249561 vI BCWMC March 18,2010 Meeting Minntes Commission would like to participate in the development of the vegetative management plan. Mr. Kremer said he doesn't think the Commission needs to participate in the development of the plan. He stated that the DNR could ask the Commission to participate once the plan is developed. Chair Loomis said she would respond via e-mail to the DNR that the BCWMC doesn't plan to participate in the development of the plan but that the DNR could contact the City of Plymouth about the plan development. ii. Chair Loomis reported that at the February BCWMC meeting the Commission discussed a Theodore Wirth Golf Course bridge replacement. She said that at the meeting the Commission asked why DNR permission wasn't required for the project and the City of Golden Valley responded that the project wasn't located in a protected waterway. Chair Loomis explained that after the meeting the City of Golden Valley found out that DNR permission is needed for the project and the City has obtained it. B. Commissioners: i. Commissioner Harper-Lore introduced herself as the new BCWMC Commissioner representing the City of Minnetonka. She stated that she has been a resident of Minnetonka for 20 years and has recently retired from her career and is eager to give back to her community. Commissioner Harper-Lore explained that she taught restoration and management of native plant communities at the University of Minnesota for nine years, worked for Mn/ DOT for four years, and worked for 16 years for the Federal Highway Administration as their only vegetation specialist for the United States. She explained that she has traveled the country working on policy issues, research projects, and the sharing of technical information between the 50 states to help them improve their corridors. Commissioner Harper-Lore stated that those corridors add up to 12 million acres of land that she was helping take care of during her 16 years with the Federal Highway Administration. C. Committees: i. Commissioner Black highlighted that there were two communications from the Education Committee in the Commission meeting packet. She said one communication was regarding the upcoming rain garden workshops scheduled at locations in the watershed. Commissioner Black said the other communication was a summary of the Education Committee's teacher focus group. D. Counsel: i. Mr. LeFevere reported that he met with the MN Board of Water and Soil Resources regarding ways to facilitate Plan amendments to have as much flexibility as possible to do projects without doing a Plan amendment or if a Plan amendment was necessary then making it a minor Plan amendment. Mr. LeFevere commented that there were representatives from Shingle Creek there as well as Michael WeIch. He said some strategies were designed and the Shingle Creek I West Mississippi Watershed Commissions are in the process of implementing them. Mr. LeFevere said his recommendation is that he follow the process and keep the BCWMC posted. E. Engineer: i. Mr. Kremer reported that he attended the BWSR listening sessions and that BWSR indicated that summaries of the listening sessions that took place around the state would be available in the next few weeks. He said he would have that information forwarded to the Commission when it is available. Mr. Kremer said the session he attended focused primarily on the water plan that is being developed for the state of Minnesota and is being conducted by the University of Minnesota. He said there is an online survey currently being conducted as part of the development process of that plan. 9 #249561 vI BCWMC March 18,2010 Meeting Minutes ii. Mr. Kremer reported that he had a conversation with the Hennepin County Director of Public Works regarding the County's participation with the BCWMC on implementation of the Commission's TMDLs. Mr. Kremer said he spoke with the Director regarding the Commission's desire to set up an agreement with Hennepin County regarding its participation with the BCWMC for the implementation projects. Mr. Kremer stated that the Director is favorable to the idea and requested a brief outline of what would be included in the agreement between Hennepin County and the BCWMC and a rough idea of the total cost of the implementation of the projects. Mr. Kremer requested that the Commission authorize Mr. LeFevere to put together the outline of what would be included in the agreement. Mr. Kremer said the Director would take the outline to his superiors for authorization of creating the agreement. Chair Loomis asked if the Commission Engineer would outline the costs of the implementation plan. Mr. Kremer said the costs should be listed in the implementation plans already so the Engineer just needs to take the costs out of the plans. Commissioner Black moved for staff to prepare the outline as described by Mr. Kremer. Commissioner deLambert seconded the motion. The motion carried unanimously [Cities of Minneapolis, New Hope, and Robbinsdale absent from vote]. Chair Loomis directed that staff send the outline to Hennepin County for its review. 9. Adjournment Chair Loomis adjourned the meeting at 2:30 p.m. Linda Loomis, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date 10 #249561 vI BCWMC March 18,2010 Meeting Minntes Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) alley Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. E. 1.2010 Street Construction and Maintenance Materials Bids Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Each year, staff advertises and receives bids for the various aggregates and asphalt materials used in Public Works maintenance activities. A copy of the bid tabulation is attached. Staff recommends award of contracts to the low bids for each material as follows: Materials Class 7 Aggregate Base Winter Sand Crushed Rock for Stabilization Type 41A Wearing Course Mix 3/8" Minus Trail Aggregate Ball Diamond Mix Bid Per Ton $8.05 $7.93 $23.58 $44.50 $17.53 Contractor Midwest Asphalt Corp. Fischer Sand & Aggregates, Inc. Aggregate Industries C.S. McCrossan Construction, Inc. Aggregate Industries (No Bids Received) Extended Estimated Contract $3,220.00 $15,860.00 $4,716.00 $33,375.00 $2,629.50 Kraemer Mining and Materials added provisions to their bid for crushed rock for stabilization and 3/8" minus trail aggregate that were not stipulated in the bid documents. Therefore, staff recommends that the bids for these products be rejected. Since no bids were received for Ball Diamond Mix and the anticipated cost will be under the statutory requirements for competitive bidding, staff will obtain quotes and purchase the material in accordance with City policy and state law. Attachments Tabulation of the 2010 Street Construction & Maintenance Material Bids (1 page) Recommended Action Motion to award contracts for the 2010 Street Construction and Maintenance Materials to the following companies in the amount shown: 1. Midwest Asphalt Corp. for Class 7 aggregate base in the amount of $3,220. 2. Fischer Sand & Aggregate, Inc. for winter sand in the amount of $15,860. 3. Aggregate Industries for crushed rock for stabilization and 3/8" minus trail aggregate in the amount of $7,345.50. 4. C.S. McCrossan, Inc. for type 41A wearing course mix in the amount of $33,375. 5. Reject the bid submitted by Kraemer Mining and Materials for stabilization and 3/8" minus trail aggregate. BID TABULATION FOR CITY OF GOLDEN VALLEY PROJECT NO. 10-6 2010 STREET CONSTRUCTION & MAINTENANCE MATERIALS BID OPENING: APRIL 20,2010 10:00 AM Item Crushed Type 41A Class 7 Winter Rock for Wearing Ball Diamond 3/8" Minus Trail Proposed Contract Aggregate Sand Stabilization Course Mixture Mix Aggregate Amount Estimated Amount 400 Tons 2,000 Tons 200 Tons 750 Tons 200 Tons 150 Tons BIDDER Aggregate Industries, Inc. NB $9.63 $23.58 NB NB $17.53 $7,345.50 $19,260.00 $4,716.00 $2,629.50 Barton Sand & Gravel $9.33 $8.15 NB NB NB NB 0.00 $3,732.00 $16,300.00 Commercial Asphalt Inc. NB NB NB $55.00 NB NB 0.00 $41,250.00 C.S. McCrossan Construction, Inc. NB NB NB $44.50 NB NB $33,375.00 $33,375.00 Fischer Sand & Aggregates, Inc. $10.14 $7.93 NB NB NB NB $15,860.00 $4,056.00 $15,860.00 Kraemer Mining & Materials RB NB RB NB NB RB 0.00 Midwest Asphalt Corp. $8.05 NB NB $65.33 NB NB $3,220.00 $3,220.00 $48,997.50 Bolded bid prices are the recommended bid for Council award for each item. NB = No Bid RB = Rejected Bid Note: All bids shall include applicable Minnesota Sales Tax. hlley m ndu Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. F. Master Agreements for 2010 PMP Sanitary Sewer Repair Program Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitch Hoeft, EIT, Engineer Summary Based upon issues encountered in the last two Pavement Management Projects (PMP), the sanitary sewer service repair program available to residents in PMP projects has been modified for 2010. The program that was developed includes removing the private repairs from the PMP general street contract and shifting repairs to pre-approved private contractors who are also under contract with the City. This arrangement gives property owners the ability to obtain competitive bids from the pre-approved contractor list to ensure that each participant gets the best price available for the repairs, and allows the property owner to be eligible to have the repairs specially assessed against the property. The prequalification process for private sewer service repair contractors included the ability to perform excavation and liner repairs, the contractor's history of performing service repairs in Golden Valley, the availability of equipment, and financial resources. Based upon the criteria, four private sanitary sewer service repair contractors have qualified for this program, including: . Gene's Water and Sewer . Highview Plumbing . Minneapolis Suburban Sewer and Water . Ouverson Sewer and Water Each of these contractors is required to enter into a Master Agreement with the City of Golden Valley to perform private repairs. The contractors will also be responsible for contacting each of the residents in the PMP who are interested in having their repair costs specially assessed, and providing them with estimates for the repair. When property owners have selected a contractor for their repairs, a three-way agreement between the City, property owner, and private contractor is signed by all parties. Following completion of the repairs, the costs will be specially assessed to the property. Attachments Master Agreements for Sanitary Sewer Service Repair between the City of Golden Valley and Gene's Water & Sewer, Highview Plumbing, Minneapolis Suburban Sewer & Water, and Ouverson Sewer & Water (16 pages) Sample agreement between the homeowner, City, and contractor for 2010 sanitary sewer repair (3 pages). Recommended Action Motion to authorize entering into Master Agreements for the 2010 PMP Sanitary Sewer Repair Program with the following companies: 1. Gene's Water and Sewer 2. Highview Plumbing 3. Minneapolis Suburban Sewer and Water 4. Ouverson Sewer and Water CONTRACT NO. 10-1A MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND GENES WATER & SEWER SANIT ARY SEWER SERVICE REPAIR ~ THIS MASTER AGREEMENT (the "Agreement") is made this ~ day of ..-.., l.../ , 2010, by and between the City of Golden Valley, a municipal corporation ("City"), and Gene's Water & Sewer ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("I & I") program along with its Pavement Management Program each year; WHEREAS, in 2010 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of State Highway No. 55 between the Glenwood/Highway 55 intersection and the Canadian Pacific Railroad. North of Glenwood Avenue between Glenwood Avenue/Highway 55 intersection and the Canadian Pacific Railroad (as further detailed in the Special Provisions [defined below]); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreemeat, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Masler AgreemenCGenesWater.doc made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2010 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of the Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2010 in connection with the 2010 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Masler AgreemenCGenesWater.doc ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the 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 for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit 0 and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COPY - SSSP\Master Agreement_GenesWater.doc IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY CONTRACTOR: BY ~ ITS BY ITS G:\PROJECTS\2010 PMPISanitary Sewer Repairs\FINAL COPY - SSSP\Master Agreement_GenesWater.doc CONTRACT NO. 10-1C MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND HIGHVIEW PLUMBING SANITARY SEWER SERVICE REPAIR THIS Fy1ASTER AGREEMENT (the "Agreement") is made this \.5.;idayof ~ ,2010, by and between the City of Golden Valley, a municipal corpor tion ("City"), and Highview Plumbing ('cContractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("I & I") program along with its Pavement Management Program each year; WHEREAS, in 2010 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of State Highway No. 55 between the Glenwood/Highway 55 intersection and the Canadian Pacific Railroad. North of Glenwood Avenue between Glenwood Avenue/Highway 55 intersection and the Canadian Pacific Railroad (as further detailed in the Special Provisions [defined below)); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order rWork Order"), a form of which is attached hereto as Exhibit a, shall be executed by Contractor, City and the property Owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer servi~e line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COPY - SSSP\Master AgreemenCHighviewPlumbing.doc made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2010 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of the Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. Th~ Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2010 in connection with the 2010 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Master Agreement_HighviewPlumbing.doc ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the 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 for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. G;\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Master AgreemenCHighviewPlumbing.doc . IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY CONTRACTOR: ByD~~ ITSY~ BY ITS G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COPY - SSSP\Master Agreement_HighviewPlumbing,doc CONTRACT NO. 10-10 MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND MINNEAPOLIS & SUBURBAN SEWER & WATER, INC. SANITARY SEWER SERVICE REPAIR ~HIS MASTER AGREEMENT (the "Agreement") is made this /; ~ay of .. \ , 2010, by and between the City of Golden Valley, a municipal corporation ("City"), and Minneapolis & Suburban Sewer & Water, Inc. ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("I & I") program along with its Pavement Management Program each year; WHEREAS, in 2010 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of State Highway No. 55 between the Glenwood/Highway 55 intersection and the Canadian Pacific Railroad. North of Glenwood Avenue between Glenwood Avenue/Highway 55 intersection and the Canadian Pacific Railroad (as further detailed in the Special Provisions [defined below]); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Master Agreement_MPLSSuburbanSewer&Water.doc made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2010 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of the Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2010 in connection with the 2010 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COPY - SSSP\Master Agreement_MPLSSuburbanSewer&Waler.doc ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the 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 for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COPY - SSSP\Master Agreement_MPLSSuburbanSewer&Water.doc IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor BY ~~Lager CONTRACTOR: ~ ITS BY G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Master Agreement_MPLSSuburbanSewer&Water.doc J CONTRACT NO. 10-1 E MASTER AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND OUVERSON SEWER & WATER, INC. SANITARY SEWER SERVICE REPAIR THIS MASTER AGREEMENT (the "Agreement") is made this }ft'" day of A pr. I , 2010, by and between the City of Golden Valley, a municipal corporation ("City"), and Ouverson Sewer & Water, Inc. ("Contractor"), under the laws of the State of Minnesota. WHEREAS, City operates a voluntary sanitary sewer inflow and infiltration ("I & I") program along with its Pavement Management Program each year; WHEREAS, in 2010 the Pavement Management Program will result in the reconstruction of several miles of City streets along with the sewer and other utilities within the street rights-of-way within the following boundaries: South of State Highway No. 55 between the Glenwood/Highway 55 intersection and the Canadian Pacific Railroad. North of Glenwood Avenue between Glenwood Avenue/Highway 55 intersection and the Canadian Pacific Railroad (as further detailed in the Special Provisions [defined below)); WHEREAS, a homeowner residing within the above-described boundaries and availing themselves of the voluntary I & I program may wish to repair their lateral sewer line or related items in connection with their sanitary sewer system; WHEREAS, this Agreement, Special Provisions and General Conditions attached hereto as Exhibit A and made a part of this Agreement, provide certain terms and conditions for: (i) special assessment of an owner's real property for repairs necessary to bring property in compliance with the City's I & I ordinance; and (ii) payment by the City for the performance by certain pre-qualified private contractors in making necessary repairs, replacements or reconstructions of private sanitary sewer service lines generally from residences to the sanitary sewer main line in the street right-of-way. WHEREAS, a Private Sanitary Sewer Service Work Order ("Work Order"), a form of which is attached hereto as Exhibit B, shall be executed by Contractor, City and the property owner and shall incorporate via reference the terms and conditions of this Agreement including without limitation the Special Provisions. Once a residential property owner selects the contractor from the City's list of pre-qualified contractors to make such repairs to the owner's sanitary sewer service line, the owner and the Contractor shall agree on the Work Order and it will be attached to this Agreement and G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COpy - SSSP\Master AgreemenCOuverson.doc made a part hereof with respect to the Property named in the Work Order to form the entire Agreement affecting the City, Contractor, and property owner and the Work (defined below) on the Property identified. WHEREAS, the Work covered by the Work Order shall be completed by the Contractor in a timely and professional manner and in accordance with all applicable laws and regulations. NOW, THEREFORE, it is agreed by and between City and Contractor that each 2010 I & I related project to be specially assessed which is undertaken by Contractor shall be subject to the following terms and conditions including without limitation the Special Provisions and the terms of any applicable Work Order between Contractor, City, and the owner of the subject property: ARTICLE 1. The Contractor hereby covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all the work and labor necessary to complete the work in accordance with this Agreement, the Special Provisions, Standard Details attached hereto as Exhibit C, and any applicable Work Order. The Plans and Specifications, the proposal of the Contractor (the "Proposal") and the Contractor's bond, the Work Order and the Special Provisions, together with this Agreement, shall together constitute the entire Agreement between the parties as if set forth herein. ARTICLE 2. The Contractor agrees to commence said Work and conclude the same in accordance with the Proposal heretofore filed with the City and in accordance with the Work Order executed by the City, Contractor, and the subject property owner, including without limitation the Bid Price as set forth in the Work Order and in accordance with the time schedule for commencement and completion of the Work set forth in the Special Provisions, time being of the essence in this Agreement, and to complete said Work in every respect to the satisfaction and approval of the City and the property owner. ARTICLE 3. The Contractor further agrees to make, execute, and deliver to the City, corporate surety bonds approved by the City Attorney in the minimum sum of Twenty Five Thousand Dollars ($25,000) which are hereby incorporated into this Agreement for the use of said City and of all persons doing Work or furnishing skill, tools, machinery or materials under or for the purpose of this Agreement, to secure the faithful performance and payment under this Agreement by said Contractor and to be conditioned as required by law for work undertaken in 2010 in connection with the 2010 PMP. The Contractor also agrees that any time the value of the work performed under this contract exceeds the $25,000 contract limit, the City shall have the option to modify this contract and adjusted upwards in $25,000 increments and the Contractor shall provide new corporate surety bonds approved by the City Attorney, in the amount that the contract has been increased and neither this original Agreement nor the upwardly adjusted agreements shall become effective unless and until said bonds have been approved by the City Attorney. G:\PROJECTS\2010 PMP\Sanitary Sewer Repairs\FINAL COPY - SSSP\Master AgreemenCOuverson.doc ARTICLE 4. In consideration of the covenants and agreements stated above, the City agrees to pay the Contractor as set forth in Section 12 of the Special Provisions. ARTICLE 5. It is understood and agreed by the Contractor that the City, through its authorized agents and the property owner shall be the sole and final judges of the fitness of the work and its acceptability, and no payment shall be made to the Contractor hereunder until the work shall have been found acceptable by the City through its authorized agents and the property owner. ARTICLE 6. It is understood and agreed by the Contractor that, with respect to all work, the Contractor will keep as complete, exact, and accurate an account of the labor and materials used as is possible, and in submitting the final statement will itemize and allocate the costs of said work. ARTICLE 7. All payments to the Contractor shall be made payable to the order of the Contractor and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. The City reserves the right to cancel the award of any contract at any time before the execution of the Agreement by all parties including without limitation any subject property owner without any liability against the City. ARTICLE 9. The City may by written notice terminate this Agreement or any portion thereof when it is deemed in the best public, state or national interest to do so; or the City is unable to adequately fund payment for the Agreement because of changes in state fiscal policy, regulations or law; or after finding that for reasons beyond the Contractor's control the Contractor is prevented from proceeding with or completing the 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 for at the Agreement Bid Prices. Payment for partially completed items or units of work will be made in accordance with the procedures attached at Exhibit D and as otherwise mutually agreed to by both parties. Termination of this Agreement or any portion thereof shall not relieve the Contractor of responsibility for the completed Work, nor shall it relieve the Contractor's Sureties of their obligations for and concerning any just claims arising out of the Work performed. G:\PROJECTS\2010 PMP\Sanilary Sewer Repairs\FINAL COPY - SSSP\Master Agreemen,-Ouverson.doc IN WITNESS WHEREOF, this Agreement has been duly authorized, made and entered into as of the date first set forth above. THE CITY OF GOLDEN VALLEY BY Linda R. Loomis, Mayor ~'ff Thomas D. Burt, ity anager BY ::NTRA~ I ~eJ ;-.14, i ITS BY ITS G:\PROJECTS\2010 PMP\Sanllary Sewer Repairs\FINAL COPY - SSSP\Master AgreemenCOuverson.doc PRIVATE SANITARY SEWER SERVICE WORK ORDER Property Owner: Property Address: I "Propertv Owner" hereby acknowledge the information I have provided is complete and accurate and that I am the fee owner of the property. I also acknowledge that I desire that the work contained in this document be performed on the Property identified above (the "Propertv"), and on the sanitary sewer service line providing service to the Property, by Contractor identified on the attached Pavement Management Program - Private Sanitary Sewer Service Work Order ("Work Order"). I grant permission for the Contractor to perform this work on the Property. I acknowledge that I have read and understand the following restrictions, limitations and requirements of the sanitary sewer service replacement program. 1. Contractor will remove any obstacles, including but not limited to sidewalks, trees, landscaping, gardens, private lighting, irrigation systems, electric dog fences and retaining walls, as necessary to perform the work described in this document and that certain Master Agreement between the City and Contractor including without limitation the documents attached thereto and made a part thereof. I also understand that the Contractor will restore any excavated areas with sod or seed and that reinstallation of all other items will not be performed by Contractor, and that I will be responsible for any restoration of any of said items. 2. I understand that the sod or seed installed on my private property will be my responsibility to maintain, including watering; and Contractor will not provide any warranty for sod or seed. ' 3. I understand that the sanitary sewer service repairs included in this work are intended to address the inflow and infiltration of clear water into the sanitary sewer system only. I also understand that I may' choose to make repairs to address other issues such as settlements or sags in the sanitary sewer service line which services my home that if not addressed, may result in blockage of the service line, and potentially result in backup of sewage into my home. I will not hold the City of Golden Valley or its agents or contractors liable for any sewage backup resulting from any of my decisions related to repairs to address non inflow and infiltration defects. B-1 I further acknowledge this Work Order is subject to a Master Agreement between Contractor and the City of Golden Valley including without limitation certain Special Provisions as described therein. I understand that I will be responsible for 100 percent of the cost of the authorized work, plus an administrative fee. Both are payable in full to the City of Golden Valley following completion of the work or through a special assessment certified to my property taxes at the interest rate established by the City Council over a period of up to ten years. I also hereby waive my rights to a hearing and appeal of the special assessment for all work related to sanitary sewer service repairs as outlined herein according to Minnesota Statutes, Chapter 429. By signing this document I attest that I have read and understand the above information and related information. As the undersigned property owner, I release the City of Golden Valley, its employees, agents and contractors, from any claim or causes of action in connection with the work authorized herein. Property Owner's Signature: Date: Accepted by: Date: Contractor Accepted by: Date: City B-2 PROPERTY OWNER ADDRESS ADDRESS OF SERVICE DAY PHONE NIGHT PHONE CONTRACTOR ADDRESS PHONE Administration Fee: 7% of Total Cost up to $250: B-3 Hey Me nd City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. G. Approval of Requests for Beer and/or Wine at Brookview Park Prepared By Judy Nally, Administrative Assistant Summary As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or use alcoholic beverages on any City park property, unless permission is granted by the Council." As part of the application process for a Facilities Use Permit to use the large and small picnic shelters at Brookview Park the applicant has the option to pay an additional $20 to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations who have requested that option. Attachment Beer and/or Wine Request List (1 page) Recommended Action Motion to approve the requests for beer and/or wine at Brookview Park as recommended by staff. BEER AND/OR WINE REQUEST LIST NUMBER CC IN DATE INDIVIDUAL OR ORGANIZATION DATE TIME GROUP SHELTER BEER OR WINE APPROVED Belgarde Property Service 05-20 5 pm - dusk 80 large beer & wine 05-04-1 0 Good Shepherd 05-22 11 am - dusk 100 large beer & wine 05-04-1 0 Leo Liu 05-27 5 pm - dusk 60 Large beer & wine 05-04-1 0 Kim Nelson 05-30 11 am - 4 pm 50 large beer & wine 05-04-1 0 Christina Butterworth 06-05 5 pm - dusk 50 large beer & wine 05-04-1 0 Nancy Kastner 06-09 5 pm - dusk 125 large beer & wine 05-04-1 0 Gayle Dunham 06-12 11 am - dusk 50 large beer & wine 05-04-10 Kristen Thomas 06-12 11 am - 4 pm 35 small beer & wine 05-04-1 0 OGI, LLC 06-16 5 pm - dusk 40 large beer & wine 05-04-1 0 Craig Beers 06-20 5 pm - dusk 50 small beer & wine 05-04-1 0 Estonian Society of MN 06-20 11 am - 4 pm 30 small beer & wine 05-04-1 0 Nancy Kastner 06-23 5 pm - dusk 125 large beer & wine 05-04-1 0 Christina Atlas 07-02 11 am - dusk 100 large beer & wine 05-04-1 0 Nancy Kastner 07 -07 5 pm - dusk 125 large beer & wine 05-04-1 0 Julie Moe 07-11 5 pm - dusk 80 large beer & wine 05-04-1 0 Jaquar Club of MN 07-11 11 am - 4 pm 80 large beer & wine 05-04-1 0 Jane Murray 07-17 11 am - 4 pm 100 large beer & wine 05-04-1 0 Teresa Ryan 07-18 11 am - 4 pm 75 large beer & wine 05-04-1 0 General Mills 07 -20 11 am - 4 pm 70 large beer & wine 05-04-1 0 Robert Dolan 07 -23 5 pm - dusk 60 large beer & wine 05-04-1 0 Jim Leuthner 07 -24 5 pm - dusk 100 large beer & wine 05-04-1 0 Allianz 07 -27 11 am - dusk 100 Large beer & wine 05-04-1 0 HDR Engineering 07 -29 11 am - dusk 200 large beer & wine 05-04-1 0 Doris Tracy 07-31 11 am - 4 pm 75 large beer & wine 05-04-1 0 Nancy Kastner 08-04 5 pm - dusk 125 large beer & wine 05-04-1 0 DCM Services 08-06 11 am - dusk 150 large beer & wine 05-04-1 0 Bridgitte Van Dyke 08-07 11 am - dusk 150 large beer & wine 05-04-1 0 Perficent 08-07 11 am - 4 pm 30 large beer & wine 05-04-1 0 Nancy Kastner 08-18 5 pm - dusk 125 large beer & wine 05-04-1 0 Nancy Cooper 08-21 11 am - dusk 70 large beer & wine 05-04-1 0 Rob Ryan 08-28 11 am - dusk 60 large beer & wine 05-04-1 0 Dorene McDougall 09-1 0 5 pm - dusk 70 Large beer & wine 05-04-1 0 Gloria Lynch 09-12 5 pm - dusk 30 large beer & wine 05-04-1 0 Hey Me dum City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. H. Proclamation for Public Service Recognition Week - May 3-9 Prepared By Jeanne Andre, Assistant City Manager Summary The Council has repeatedly noted its appreciation for the service provided by City employees particularly given the difficult financial times. Given that May 3-9 is Public Service Recognition Week, the attached proclamation allows the Council to take official note of its appreciation for public employees. Attachment Proclamation for Public Service Recognition Week (1 page) Recommended Action Motion to approve the Proclamation for Public Service Recognition Week. CITY OF GOLDEN VALLEY PROCLAMATION FOR PUBLIC SERVICE RECOGNITION WEEK May 3 - 9,2010 WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and WHEREAS, public employees take not only jobs, but oaths; and WHEREAS, many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world; and WHEREAS, public servants include teachers, doctors and scientists, train conductors and astronauts, nurses and safety inspectors, laborers, computer technicians and social workers, and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and WHEREAS, by providing local government services the Golden Valley city employees are the face of government service in our community and the cheerful and diligent service they provide are appreciated by the City Council and all Golden Valley residents; and WHEREAS, without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; and NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim May 3 - 9, 2010 as Public Service Recognition Week; and urge all citizens to recognize the accomplishments and contributions of government employees at all levels - federal, state, county and city. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 4th day of May 2010. Linda R. Loomis, Mayor alley Me ora um Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. I. Proclamation for Arbor Day and Arbor Month Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary The City of Golden Valley was recently awarded the 2009 Tree City USA Award. It is the twenty-third year Golden Valley has received this national recognition. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four standards: 1. Operate a forestry division. 2. Have a tree ordinance. 3. Manage a comprehensive community forestry program. 4. Observe Arbor Day. This year's Arbor Day activities will be celebrated with the fourth grade class of Noble Elementary School located at 2601 Noble Avenue North on May 13 at 10 am. The event will include a small presentation at the school about the value of urban trees. Staff will award prizes to the winners of the Arbor Day poster contest followed by a recitation of the City's Arbor Day Proclamation. The fourth grade class will plant trees on school grounds. When the event has concluded, staff will provide packaged tree seedlings for each of the fourth grade students to take home and plant. Attachments Proclamation for Arbor Day - May 13, 2010 and Arbor Month - May 2010 (1 page) Recommended Action Motion to adopt a Proclamation for May 13, 2010 as Arbor Day and May 2010 as Arbor Month in the City of Golden Valley. CITY OF GOLDEN VALLEY PROCLAMATION FOR ARBOR DAY - MAY 13,2010 AND ARBOR MONTH - MAY 2010 WHEREAS, Golden Valley's urban forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provided; and WHEREAS, trees are an increasingly vital resource in Golden Valley today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts; NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim May 13, 2010 as Arbor Day and Mayas Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley's great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 4th day of May 2010. Linda R. Loomis, Mayor alley e oran m Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. J. Proclamation of National Public Works Week Prepared By Jeannine Clancy, Director of Public Works Summary To recognize the Golden Valley Public Works Department employees and in honor of the 50th anniversary of National Public Works Week, please consider adoption of the attached proclamation for National Public Works Week on May 16 through May 22,2010. Attachments Proclamation For National Public Works Week (1 page) Recommended Action Motion to adopt the Proclamation For National Public Works Week. CITY OF GOLDEN VALLEY PROCLAMA liON FOR NA llONAL PUBLIC WORKS WEEK MAY 16 - 22,2010 WHEREAS, public works services provided in the City of Golden Valley are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sanitary and storm sewers, streets and highways, forestry, public buildings, solid waste collection, and maintenance of parks; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works employees; and WHEREAS, understanding the role that public infrastructure plays in protecting the environment, improving public health and safety, contributing to economic vitality, and enhancing the quality of life of every community of the United States is in the interest of the residents and those who visit our community. NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim the week of May 16 through 22,2010 as "NATIONAL PUBLIC WORKS WEEK" in the City of Golden Valley, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 4th day of May 2010. Linda R. Loomis, Mayor alley emorand Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 3. K. Board/Commission Reappointments Prepared By Linda Loomis, Mayor Summary Each year staff contacts board and/or commission members whose term is expiring to find out if they are interested in being reappointed. Listed below are those who would like to be reappointed. Recommended Action Motion to make the following reappointments: Planning Commission: John Kluchka Steve Schmidgall 3 year term 3 year term Board of Zoning Appeals: Mike Kisch 1 year term Nancy Nelson 1 year term Mike Sell 1 year term Chuck Segelbaum 1 year term Luke Weisberg 1 year term term expires - 5/1/13 term expires - 5/1/13 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 term expires - 5/1/11 Alternate Open Space and Recreation Commission: Roger Bergman 3 year term term expires - 5/1/13 Civil Service Commission: Gloria Kumagai 3 year term term expires - 5/1/13 alley M mo d Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 5. A. Second Consideration - Ordinance #438 - Amending Section 4.05, Prohibiting Unfinished Sheet Metal Exterior Facing Prepared By Joe Hogeboom, City Planner Summary The City is proposing to institute an ordinance that will amend City Code by removing language that prohibits finished corrugated sheet metal siding. The proposed ordinance, set to amend Chapter 4.05, is currently before the Council for second consideration. Attachment Ordinance #438, Amending Section 4.05, Prohibiting Unfinished Sheet Metal Exterior Facing (1 page) Recommended Action Motion to adopt on Second Consideration, Ordinance #438, Amending Section 4.05, Prohibiting Unfinished Sheet Metal Exterior Facing. ORDINANCE NO. 438, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Section 4.05, Prohibiting Unfinished Sheet Metal Exterior Facing The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 4.05 entitled "Design Control" is amended by changing the last sentence in Subdivision 2 to read as follows: The following are examples of materials which are prohibited by this Section: sand lime brick, concrete brick, unfinished structural clay tile, unfinished sheet metal and exposed unfinished concrete. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of May, 2010. Is/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: Is/Susan M. Virniq Susan M. Virnig, City Clerk Public ~H~y o Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 6. A. Off-Sale Intoxicating Liquor License - JT J Enterprises LLC d/b/a Lakeridge Wine and Spirits - 2580 Hillsboro Avenue North Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary JT J Enterprises LLC d/b/a Lakeridge Wine and Spirits, a Minnesota company, has applied for an off-sale intoxicating liquor license. The applicant has executed a lease at Sunny Hollow Shopping Center, 2580 Hillsboro Avenue North. Documents submitted by the applicants indicate that JT J Enterprises LLC d/b/a Lakeridge Wine and Spirits is wholly owned by Jared Bible, Jennifer Temke and Troy Temke. The City Attorney has reviewed the application, and has found the application documents are in order and complete. The applicant meets all State and City requirements for consideration of the issuance of an off-sale liquor license. Recommended Action Motion to approve the issuance of an off-sale liquor license to JT J Enterprises LLC d/b/a Lakeridge Wine and Spirits, located at 2580 Hillsboro Avenue North. alley M 0 Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 4, 2010 Agenda Item 6. B. Call for Public Hearing - Issuance of Revenue Bonds - Local Government Information Systems (LOG IS) - 5/18/10 Prepared By Sue Virnig, Finance Director Summary Local Government Information Systems (LOGIS) has requested that the City of Golden Valley hold a public hearing on May 18, 2010 to approve a resolution for the issuance of capital equipment revenue bonds to finance hardware and software for their public safety application in the amount of $1 ,710,000. The City is required by IRS Code and Minnesota Statutes Section 469.152 through 469.165 to hold a hearing for the approval of the bonds. The public hearing notice will appear in the SunPost on May 6 and the hearing is for May 18 at 7 pm. LOGIS will pay for all costs related to the public hearing notice. Attachments Resolution Authorizing the Publication of a Notice of Public Hearing and Establishing the Date for a Public Hearing to be Held on Behalf of Local Government Information Systems (LOGIS) (2 pages) Recommended Action Motion to adopt Resolution Authorizing the Publication of a Notice of Public Hearing and Establishing the Date for a Public Hearing to be Held on Behalf of Local Government Information Systems (LOGIS). Resolution 10-27 May 4, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND ESTABLISHING THE DATE FOR A PUBLIC HEARING TO BE HELD ON BEHALF OF LOCAL GOVERNMENT INFORMATION SYSTEMS (LOG IS) BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Local Government Information Systems Association ("LOGIS") intends on issuing its Capital Equipment Revenue Bonds, Series 2010 in the amount of $1,710,000 (the "Bonds") in May, 2010 to purchase new hardware and software for its Public Safety System. LOGIS has the authority to issue bonds on its own behalf pursuant to Laws of Minnesota 1980, Chapter 569, sections 2 through 11 (the "Act"), and Minnesota Statutes, Chapter 475, as amended. 1.02. LOGIS proposes to issue the Bonds as "qualified 501 (c)(3) bonds" pursuant to Section 145 of the Internal Revenue Code of 1986, as amended (the "Code"). In order to issue qualified 501 (c)(3) bonds, LOGIS has requested that the City hold a public hearing on the behalf of LOGIS, as required by Section 147(f) of the Code. 1.03. Section 147(f) of the Code, and regulations promulgated thereunder, requires that prior to the issuance of the Bonds, a public hearing must be held on behalf of LOGIS by a member of LOGIS. Section 2. Public Hearinq. 2.01. The City Council shall meet at or after 6:30 p.m. on Tuesday, May 18, 2010, to conduct a public hearing on the issuance of the Bonds as requested by LOGIS. 2.02. The City Finance Director is authorized and directed to publish notice of the hearing in substantially the form attached hereto as EXHIBIT A in the Star Tribune as well as the City's official newspaper. All costs related to the publication of the hearing notice shall be paid by LOGIS. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 10-27 - Continued May 4, 2010 EXHIBIT A CITY OF GOLDEN VALLEY, MINNESOTA NOTICE OF PUBLIC HEARING LOGIS REVENUE BONDS NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley, Minnesota (the "City") will hold a public hearing on Tuesday, May 18, 2010, at or after 6:30 p.m., at City Hall, 7800 Golden Valley Road, in the City on behalf of the Local Government Information Systems Association ("LOGIS"), a Minnesota joint powers entity and nonprofit corporation. LOGIS intends to issue revenue bonds to finance certain equipment related to its public safety system (the "Project"). The Project will be located at 5750 Duluth Street in Golden Valley and will be owned and operated by LOGIS. Following the public hearing, the City Council will consider adoption of a resolution approving the issuance of the Bonds by LOGIS. The aggregate face amount of the Bonds proposed to be issued to finance the Project is presently estimated not to exceed $1,710,000. The Bonds will be issued by LOGIS and will be payable solely from the revenues expressly pledged to the payment thereof. The Bonds will not be a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City. All interested persons may appear and be heard at the time and place set forth above. If you require auxiliary aids or services to participate or communicate in this meeting, please contact Judy Nally at 763-593-3991 (TTY: 763-593-3968) 48 hours before the meeting time to make a request. Examples of auxiliary aids or services may include sign language interpreter, assistive listening device, accessible meeting location, etc. BY ORDER OF THE CITY COUNCIL Susan M. Virnig, City Clerk