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07-05-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber July 5, 2011 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 PAGES 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 - May 3, 2011 and Council/Manager 3-12 Meeting - May 10, 2011 B. Approval of Check Register 13 C. Licenses: 1. General Business Licenses 14 2. Solicitor's License - Sisters Camelot 15-17 3. Gambling License Exemption and Waiver of Notice Requirement- People 18-20 Responding in Social Ministry D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - September 28, 2010 21-25 2. Open Space and Recreation Commission -April 25, 2011 26-27 3. Bassett Creek Watershed Management Commission - May 19, 2011 28-38 E. Letters, Emails and/or Petitions: 1. Email from Jon Pawluk Regarding Resignation from Environmental 39-40 Commission F. Bids and Quotes 1. North Tyrol Park Playground Equipment - Quotes 41 G. Authorization to Sign Service Agreement with Missions Inc./Home Free for pomestic 42-46 Assault Intervention Services H. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in 47-48 the Park Series 11-35 I. Approval of Six Month Extension for Filing of Plat for Raley Addition 49-51 J. Approval of One Year Extension for Filing of Plat for Lots 11 & 12, Block 3, Glen 52-54 Urban 2nd Addition (Janalyn Circle and Glencrest Road) K. Approval of Pedestrian Signal Improvements at State-Owned Traffic Signals 55-59 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Precious Metal Dealer License Renewal - Jewelry Manufacturer's 60 Exchange, Inc. B. Public Hearing - First Consideration - Ordinance #462 - Repealing in its Entirety 61-80 Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco C. Continued Public Hearing - Second Consideration - Ordinance #460 - Interim 81-91 Ordinance Imposing a Twelve Month Moratorium - Portion of Douglas Drive Corridor- Block 1 and 2, Expressway International Park and Approve Summary Publication D. Public Hearing -Approval of Conditional Permit#119 -Amendment#2 - 800 Boone 92 Avenue North - DRAM Properties, LLC, Applicant 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT Regular Meeting of the � City Council May 3, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on May 3, 2011 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Northwest Hennepin Human Services Council Presentation Susan Blood, Executive Director, Anita Perkins, Program Coordinator, Christa Lane, HMIS Lead Data Entry, and Larry Kennebeck, Senior Board Member Coordinator, reviewed programs and services offered through the Council. Ms. Blood distributed a letter from Kim Rottmann, Golden Valley representative to the Advisory Commission, reporting the Advisory Council. Approval of Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the agenda of May 3, 2011 as amended: Correction to Proclamation for Arbor Day and Arbor Month and Addition of Letter from Kim Rottmann Regarding Northwest Hennepin Human Services Council Advisory Commission. Approval of Consent Aqenda MOVED by Scanlon, seconded by Pentel and motion carried unanimously to apprave the consent agenda of May 3, 2011 as amended: Addition of Letter from Kim Rottmann Regarding Northwest Hennepin Human Services Council Advisory Commission. *Ap�roval of Minutes - Citv Council Meetinq - March 15, 2011 MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the City Council Mesting minutes of March 15, 2011 as submitted. '�Approval of Check Reaister MOVED by Scanlon, seconded by Pentel and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. Regular Meeting of the City Council May 3, 2011 Page 2 *Fireworks Permit-Americana Fireworks Disulav Companv for Golden Vallev Days Art & Music Festival MOVED by Seanlon, seconded by Pentel and motion carried unanimously to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at the Golden Valley Days Art & Music Festival on Saturday, May 21, 2011 or on the rain date of Sunday, May 22, 2011. *Gamblinq License Exemption and Waiver of Notice Requirement- Rotarv Club of Crvstal-New Hope-Robbinsdale MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Rotary Club of Crystal-New Hope-Robbinsdale. *Minutes of Boards and Commissions MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the minutes as follows: Environmental Commission - February 28, 2011 Open Space and Recreation Commission - February 28, 2011 Bassett Creek Watershed Management Commission - March 17, 2011 *Letter from Citv of Hopkins Reqardina Step To It Challenae MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the letter from the City of Hopkins, received April 11, 2011, regarding the Step To It Challenge. *Letter from Kim Rottmann Reqardinq Northwest Hennepin Human Services Council Advisorv Commission MOVED by Scanlon, seconded by Pentel and motion carried unanimously to receive and file the letter from Kim Rottman, dated May 1, 2011, regarding Northwest Hennepin Human Services Council Advisory Commission. *Watermain Rehabilitation - Bids MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to award the bid for a watermain rehabilitation on Legend Drive, from Golden Valley Road to Bassett Creek Drive, to the lowest responsible bidder, Fer-Pal Construction USA LLC for $1,174,755.72. The bids are as follows: Fer-Pal Construction USA LLC $1,174,755.72 Aquarehab Drinking Water $1,304,514.00 Insituform Tech USA, Inc. $1,636,399.00 Regular Meeting of the City Council May 3, 2011 Page 3 Grounds Sweeper - Quotes Council Member Freiberg had questions regarding the vehicle condition index and requested that in the future any summaries reflect the exact index of any equipment being replaced. Jeannine Clancy answered question from the Council. MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to approve the purchase of one grounds sweeper from the lowest responsible bidder, Turfwerks for $32,689.86, including tax. The quotes are as follows: Turfwerks $32,689.86 Smithco $32,982.69 Midwest Golf and Turf $34,458.64 *Receipt of March 2011 Financial Reports MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to receive and file the March 2011 Financial Reports. *Proclamation for Arbor Dav and Arbor Month MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to adopt a Proclamation for May 10, 2011 as Arbor Day and May 2011 as Arbor Month in the City of Golden Valley, as amended, noting Arbor Day activities to be held at Good Shepherd Elementary School. �'Authorization to Siqn Aqreements with Barr Enqineerinq Co. for Desian and Construction Coordination of Sweenev Lake Outlet Control Structure and Bassett Creek Watershed Manaaement Commission for Preparation of Feasibilitv Report MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager sign the Cooperative Agreement for the Preparation of a Feasibility Report for the Reconstruction of the Sweeney Lake Outlet with the Bassett Creek Watershed Management Commission for an amount not to exceed $8,000. MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager sign the Agreement for Design and Construction Coordination of the Sweeney Lake Outlet Construction with Barr Engineering Co. for an amount not to exceed $49,000. Regular Meeting of the City Council May 3, 2011 Page 4 *Call for Public Hearing - Sanitarv Sewer Easement Vacation - 6210 and 6224 Wavzata Boulevard - 6/7/11 Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-17 RESOLUTION ESTABLISHING A PUBLIC HEARING ON JUNE 7, 2011 TO CONSIDER VACATION OF A SANITARY SEWER EASEMENT AT 6210 AND 6224 WAY7�4TA BOULEVARD The motion for the adoption of the foregoing resolution was seconded by Mernber Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Authorization to Sign Amendment to Cooperative Aqreement with Bassett Creek Watershed Manaqement Commission for Bassett Creek Main Stem Restoration Reach II MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to authorize the Mayor and City Manager sign the Amendment to Cooperative Agreement for Bassett Creek Main Stem Restoration between the City of Golden Valley and the Bassett Creek Watershed Management Commission. *Temporarilv Restrictina Vehicle Parkinq for Vallev Davs Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-18 RESOLUTION TEMPORARILY RESTRICTING VEHICLE PARKING FOR VALLEY DAYS The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlan and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Adoption of Livable Communities Housinq Act - Housina Action Plan MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to adopt the Livable Communities Housing Act - Housing Action Plan. Regular Meeting of the City Council May 3, 2011 Page 5 *Redesiqnatinq Depositories for Cifir Funds Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-19 RESOLUTION REDESIGNATING DEPOSITORIES FOR CITY FUNDS The motion for the adoption af the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Board/Commission Appointments MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to make the following appointments P/anning Commission: Mike Kisch 3 year term term expires - 5/1/14 Environmental Commission: Paula Sunde 2 year term term expires - 5/1/13 MOVED by Freiberg, seconded by Scanlon and motion carried unanimously to make the following reappointments: P/anning Commission: Dave Cera 3 year term term expires - 5/1/14 Chuck Segelbaum 3 year term term expires - 5/1/14 Board of Zoning Appeals: Nancy Nelson 1 year term term expires - 5/1/12 Human Services Foundation: Hilmer Erickson 3 year term term expires - 5/1/14 Elissa Heilicher 3 year term term expires - 5/1/14 Toots Vodovoz 3 year term term expires - 5/1/14 Open Space and Recreation Commission: Kelly Kuebelbeck 3 year term term expires - 5/1/14 Anne Saffert 3 year term term expires - 5/1/14 Emily Piper 3 year term term expires - 5/1/14 Regular Meeting of the City Council May 3, 2011 Page 6 *Board/Commission Appointments - Continued Civil Service Commission: Marshall Tanick 3 year term term expires - 5/1/14 Environmental Service Commission: Lynn Gitelis 3 year term term expires - 5/1/14 Jim Stremel 3 year term term expires - 5/1/14 On Sale and Sundav Sale Liquor License - Osaka Golden Vallev Inc. d/b/a Osaka Sushi and Hibachi Jeff Johnson, Sergeant, introduced the agenda item. MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to approve the issuance of an On-Sale and Sunday Liquor License to Osaka Golden Valley Inc. d/b/a Osaka Sushi and Hibachi, located at 6440 Wayzata Boulevard. Authorizinq Issuance, Awardinq Sale, Prescribina the Form and Details and Providina for the Pavment of: $1,840,000 General Obliqation Street Improvement Bonds, Series 2011A; $655,000 General Obliqation Equipment Certificates of Indebtedness, Series 2011 B and $4,87A,000 General Obliaation Improvement Refundina Bonds, Series 2011 C Sue Virnig, Finance Director, introduced the agenda item and noted the change in amount for the refunding bonds, Series 2011C to $4,870,000. Terri Heaton, Springsted Inc., reviewed the bids and answered questions from the Council. Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-20 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,840,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A The motion for the adoption of the foregoing resolution was seconded by Member Freiberg and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council May 3, 2011 Page 7 Authorizina Issuance, Awardinq Sale, Prescribinq the Form and Details and Providinq for the Pavment of: $1,840,000 General Obliaation Street Improvement Bonds, Series 2011A; $655,000 General Obliqation EQUipment Certificates of Indebtedness, Series Z011 B and $4,8705,110,000 General Obliqation Improvement Refundinct Bonds, Series 2011C - Continued Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-21 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $655,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 20116 The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION 11-22 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,870,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2011C The motion for the adoption of the foregoing resolution was seconded by Member Scanlon and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Announcements of Meetinsts The Bike Rodeo will be held on May 4, 2011 from 6 to 8 pm at the Crystal City Hall. Some Council Members may attend the Rotary Gala on May 6, 2011 at 6 pm at the Golden Valley Country Club. The Step To It Challenge starts on May 9, 2011. The next Council/Manager Meeting will be held on May 10, 2011 at 6:30 pm. The City Council will attend the Joint Water Commission meeting on May 11, 2011 at 6:30 prr� at the Crystal Community Center. Regular Meeting of the City Council May 3, 2011 Page 8 Announcements of Meetinqs - Continued The Golden Valley Historical Society wiii meet on May 12, 2011 at 7 pm at the Golden Valley Historic Church. Some Council Members may attend the Neighborhood Watch meeting for Zone 5B and Zone 7 on May 16, 2011 at 7 pm. The next City Council meeting will be held on May 17, 2011 at 6:30 pm. Some Council Members may attend the Optimist Gala on May 18, 2011 at 6:30 pm at the Golden Valley Country Club. A Bassett Creek Water Management Commission will be held on May 19, 2011 at 11:30 am. The Golden Valley Days Art & Music Festival will be held on May 21, 2011 at Brookview Park. Mayor and Council Communications Council Member Freiberg informed the Council he would be sending a letter of support to the Robbinsdale Human Rights Commission supporting their approval of a domestic partnership ordinance. Ad�ournment The Mayor adjourned the meeting at 7:06 p.m. Linda R. Loomis, Mayor Al-f EST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes May 10, 2011 � Present: Mayor Loomis and Council Members, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Director of Public Works Jeannine Clancy, Director of Planning and Development Mark Grimes, Police Chief Stacy Altonen, Chief of Fire and Inspection Services Mark Kuhnly, and Graduate Engineer Mitch Hoeft and Administrative Assistant Lisa Wittman. Also present from Metropolitan Council Environmental Services was Bill Cook, and Jeff Schwartz. Council Member Freiberg was absent. The meeting began at 6:30 pm in the Council Conference Room. Metropolitan Council Environmental Services Sanitary Sewer— 1-GV-461 Reliever Project Jeannine Clancy introduced Bill Cook and Jeff Schwartz from Metropolitan Council Environmental Services (MCES), who came to the meeting to update the Council on the status of the reliever project route and proposed schedule. Mr. Cook explained that MCES has completed a facility plan and have started the preliminary design process for this project which includes routes, relative costs and disruption involved. He showed the Council a map of the Xenia Avenue/Turners Crossroad route and a map of the Theodore Wirth Parkway route and discussed the two possible routes noting that the Xenia Avenue/Turners Crossroad route is the more cost effective route. Council Member Pentel asked when the project is expected to begin. Mr. Cook said work will begin late in 2012 or early in 2013. Jeannine Clancy added that the project will be done in conjunction with the Circle Down Pavement Management Program. Mr. Cook discussed the installation of air release valves and answered questions from the Council regarding their proposed location and potential issues with odor. Jeannine Clancy stated that MCES will be drafting a design and construction agreement with the City and that MCES cost participation for the 2012 Pavement Management Project will be addressed in future amendments to this agreement. North Wirth Business Center Tom Burt explained that the owners of the North Wirth Business Center have not kept current on their taxes which is considered to be a default of the development agreement. The HRA issued Note is allowed to be terminated if the default is not cured within 60 days. If the Note is cancelled the Council can also consider decertifying the North Wirth Parkway Tax Increment District. He stated that staff is looking for direction regarding starting the process to cancel the Note and decertify the TIF District. After discussion the Council directed staff to move forward with cancelling the Note and decertifying the TIF District. Burt noted that the process will start with a special HRA meeting on May 17 so that the issue can be placed on the June 7 Council agenda. Council/Manager Meeting Minutes May 10, 2011 — Page 2 Proposed Ordinance Amendment— Incorporation of Model Tobacco Licensing Ordinance Mark Kuhnly explained that in order to bring the City Code into compliance with state law the model tobacco ordinance developed by the League of Minnesota Cities and the Public Health Law Center has been incorporated into the current tobacco section of the City Code. The Council reviewed the proposed new language and after discussion directed staff to - further research the administrative fees section of the ordinance. Including the amount of the fees and if the fees were determined by state statute. Tom Burt said he would provide an update in the weekly report and bring it to a Council meeting in June. Zoning Code Variance Process and Board of Zoning Appeals Status Mark Grimes stated that new legislation passed in early May that will again allow cities the ability to consider variance requests. He also stated that staff is considering eliminating the Board of Zoning Appeals and charging the Planning Commission with the duty of considering variance requests. The Council discussed the possibility of eliminating the Board of Zoning Appeals. The consensus was that the Planning Commission and the Board of Zoning Appeals serve different functions and have different purposes so at this point in time the direction of the Council is to keep the Board of Zoning Appeals in place. Human Rights Commission Status Since Council Member Freiberg was not in attendance at this meeting the Council directed staff to place this item on next month's Council/Manager agenda. Human Services Foundation Mayor Loomis informed the Council the Human Services Foundation cannot be considered a true foundation because the word "foundation" has tax implications. They are working to come up with a new name. The meeting adjourned at 7:40 pm. Lisa Wittman Administrative Assistant O� � �/ P Finance O ` ;�� N� �/ 763-593-8013/763-593-8109 (fax) Execa�tive Summary For Action Golc�en Valley City Council Meeting July 5, 2011 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. � : � � `� � �� / Inspections � ' �� N+ � 763-593-8090/763-593-3897 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4890 Golden Valley Tobacco Tobacco/Cigarettes $275.00 7722 Olson Memorial Highway Recommended Action Motion to authorize the issuance of license as recommended by staff. �� ' City Administration/Councii � ` �� a, e 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. C. 2. Solicitor's License - Sisters Camelot Prepared By Judy Nally, 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 Sisters Camelot. , 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 APPLICATIO� TO: Golden Valley City Council Fee Paid: $ d� 7800 Golden Valley Road Number of Persons: �I'�r Golden Valley, MN 55427 Type of License: Peddler Solicit r (circle Enclose the sum of$�ford�n��rn��(number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. �- . > �� -s � C��1�� - (Business or Individual Name or Organization to be Licensed) `f�- ��0�7�/ (MN Business ID or FEIN (Federal ID) for Business Licenses) Define Business �� (Corporation, Proprietorship, Partnershi on-Profit, S te of Incorporation or Individual) ��ld -�3 s�� `!tt �v� s°�� i (Address) d�I V l ` r(�'`(,i� �(L� .�.� � � City, State and Zip C de) G�� 7 6 �3 v� (Telepho e Nu ber, including Area Code) NOW, THEREFORE, ��h�� f� Q Cd( �h?a►� hereby makes application for (Applicant Name) period of � � /� through 6/30/l,�; subject to the conditions and provisions of said City Code. (Sign e of Applicant/Principal 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): 7� � a G �` c� ��12 �is�� NOTE: If the products for sale are changed or modified, you must give t{�e 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: �ev��' ��' ° Cv �� ►2a.� ��r�'� o�v � r G5�( ��- �� — / -- t,� �(C ��> ,z.3 � vd"�� v-�y a v�e a ` �c/�° �c` e�s `�i�,� l� i� �l �� '.�,� � ��v _ (If more space is needed, attach additional sheets) STATE OF �'I1//�f 11/�5�?�I') COUNTY OF �C�N'cP�I`� � ss. �, �C�O �lG�.v�e� � e �0 I�1't1.G�t� of �`� ��'S� ��n� (o � (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her awn knowledge except as to matters therein stated on information and belief, and as to � such matters, he/she believes them to be true. Si f Applicant/Principal Officer) Subscribed and sworn to before me this � � . ay of ��f"e-� , 20 l� �°� �l (Signature) I " JlJDIYFI A. MALLY ', NOiA(�Y PU�-� ' +'?g t�Qom�lanE�ead�.81.�018 I ofy � City Administration/Council O V� a, e/ • 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - People Responding in Social Ministry Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for People Responding in Social Ministry. Minne�ota Lawful Gamb/fng Page 1 of 2 si�� LG220 Application for Exempt Permit Application fee f on ke r c ved: An exempt permit may be issued to a nonprofit organlzation that: less than 30 days ore than 30 days - conducts lawful gambling on five or fewer days,and before the event befo e the e ent - awards I�s than$50,000 in pHzes during a calendar year. $100 $50 ORGANIZA'fION IN�ORMATION ��# �,�(� g„�, Organization name ��(Zj5Qt1�,� Previous gambling permit number '�� °�L � � Minnesota tax ID number, if any Federal employer ID number, if any - "� � I �o�"J Type of nonprot�t organization. Check one. � Fraternal � ReUgious � Veterans „� Other nonprofit organization Malling�3o�icwdc�a J. CitY�i� S� ZJ�[..,+�v r '�IVUNL� Name of chief executive officer (CEO) Daytime phone numb r Email address �L'+7./� 0 S�til �- .� _I' � � r��1�1 a� Attach a copy ofQ�l�of the follow►ing far proaf of nonprofit status. Do not attach a sales tax exempt status or federel employer ID number as they are not proof of nonprofit status. �lonprotit Articles of Incorporation OR a current Certiflcate of tiood Standing. Don't have a copy? This certlflcate must be obtained each year from: Secretary of State,Business Services Div.,180 State Office Building,St.Paul,MN 55155 Phone: 651-296-2803 ,�IRS income tax exemptlon[501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal Income tax exempt letter,have an organizatlon officer contact the IRS at 877-829-5500. �IRS-Affiliate of national,statewide,or Internatlonal parent nonprofit o�ganization(charter) If your organization falls under a parent organizatlon,attach copies of � of the following: a. IRS letter showing your parent organlzadon is a nonprofit 501(c)organizatlon with a group ruling,and b. the charter or letter from your parent organization recognizing your organiaatlon as a subordinate. GAMBLINf PREM�SES INFORMATION Name of pre ises where the gambling event will be conducted.For reffles,Ifst the site where the drawfng will take p►ace. � �en 1�a( ' Fa� C�' ' � Address (do not u e PO box) City or township Zip Code County `�0 I� �141 I�2 �,N � �-�'t '�1 Date(s) of acdvity(for reffles,indic e the date of the drawing) I� . ��1 Check the box or oxe icate the type of gambling activity your organizatton wfll conduct: Bingo* Raffles Paddlewheels* Puli-Tabs* Tipboards* * Gambling equipment for pull-tahs,bingo paper,tipboards,and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTIOIV: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a Iicensed dist�ibutor,go to www.gcb.state.mn.us and cUck on List of Ucensed Distributors,or call 651-639-4000. LG220 Application for E�cempt Permit Page 2 of 2 5/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT 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 on this application and sign the application. taking on this appliqtion and sign the application. A township official is not required to sign the application. �e application is acknowledged with no waiting The application is acknowledged wlth no waiting period. period. The application is acknowledged with a 30 day The applicatlon is acknowledged with a 30 day waiting period,and allows the Board to issue a walting period,and allows the Board to issue a permit after 30 days(60 days for a ist class city). Permit after 30 days. The applicatlon Is denled. The application is denied. Print county name Print city name IO�ILf��1 UC��!"L�✓/ On behalf of the county, I acknowledge this application. Signature of county personnel recelving application On behalf of the city, I acknowledge thfs appllcation. Slg tu e of _pe onn elving application Title Date Title Date ` � 1� (Optional) TOWNSHIP: On behaff of the townshlp,I acknowledge that the organlzaUon ts applying for exempted gambling activlty wlthln the townshlp llmlts. [A township has no statutory authority to approve or deny an application[Minnesota Statute 349.166)] Print township name Signature of township official aclmowledging application Title Date CHIEF EXECUTiVE OFFICER'S SIGNATURE Print form a�rd have CEO sign_: The information provide� in thfs applicatfon is comp/ete an accurdte to the best of my knowler/ge. I acknowledge that the financia/report will be comp/et d and turn d o he Boaral within 30 days of the date of our gambling activity. J Chief executive officer's signature Date a�I/,I Complete a separate application for ch gambling event: Financial report and recordkeeping • one day of gambiing activity required • two or more consecutive days of gambling activity A flnancial report form and instructions will • each day a raffle drawing is held be sent with your permit,or use the online fill-in form avallable at Send application writh: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status,and activity date,complete and retum the • applicatfon fee for each event financia� report form to the Gambling Make check payable to"State of Minnesota." Control Board. To: Gambting Control Board Questions? Call the Licensi�g Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651-639-4000. Roseville,MN 55113 This form will 6e made available in altemative format(i.e.large prirrt,Breille)upon r�uest. Data privary notice: The information Your organization's name and p��data about your organization are available requested on this form (and any address will be public information to: Board members,Board staff whose wor-k attachmerrts)will be used by the Gambling when recefv�by the Board. All requir� access to the information;Minnesota's Control Board(Board)to determine your o�er informatlon provided wlll be pepartment of Public Safety;Attomey General; organization's qualffirations to be involved private data about your Commissioners of Administration, Minnesota in law(ul gambling activities in Minnesota. organization until the Board Management&Budget,and Revenue;Legislative Your organization has tfie rightto refuse bo issues the permlt. When the Auditor, national and intematlonal gambling supply the information; howeve r, if your Board issues the permit, all regulatory agenci�;anyone pursuantto court organization refuses to supply this information provided will become order; other individuals and agend�specifi�lly information,ti�e Board may not be able to public. If the Board does not author�ed by state or federal law to have access determine your organaadon's qualffications fssue a permlt,all information to the information;individuals and agenaes for and,as a con�quenoe,may refuse to issue provid�i remains private,with the which law or legal order authorizes a new use or a permiL If your organizatlon suppli�the exceptlon of your organization's shaNng of information after thts notice was given; information requested,the Board will be name and address which will and anyone with your written cor�serrt. able to process your organization's remain public. application. ��,��_ Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals September 28, 2010 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, September 28, 2010 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chair Kisch called the meeting to order at 7 pm. Those present were Members Kisch, Maxwell, Nelson, Segelbaum, Sell and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Kisch introduced a new Board Member, George Maxwell and stated that member Segelbaum is moving to the Planning Commission. The Board thanked member Segelbaum and welcomed member Maxwell. I. Approval of Minutes —August 24, 2010 MOVED by Sell, seconded by McCarty and motion carried unanimously to approve the August 24, 2010 minutes as submitted. II. The Petitions are: Continued Item - 3335 Major Ave N (10-08-05) Tim and Jean Mohr, Applicants Request: Waiverfrom Section 11.21, Subd. 11(A)(1) FrontYard Setback Requirements • 7 ft. off the required 30 ft. to a distance of 23 ft. at its closest point to the front yard (west) property line. Purpose: To allow for the construction of an open front porch. Hogeboom reviewed the applicant's proposal to construct an open front porch and reminded the Board that this item was continued from their meeting last month. He explained that the City Attorney has stated that the stair structure in front of the applicant's home is not a porch, despite the fact that an underground room may exist beneath the stairs. He added that even if it were considered to be an existing front porch it could not be expanded by adding a roof to it because that would be expanding a non-conforming use. McCarty asked Hogeboom if there is a definition for a stoop. Hogeboom said the Code does not define a stoop but it does define a landing space as 25 square feet. Segelbaum noted that this house was built prior to 1982 therefore the front yard setback is 25 feet so the existing house would not be considered to be non-conforming. He questioned if the applicant, in this case, could build an open front porch no closer than 25 feet to the front yard property line without the need for a variance. Minutes of the Golden Valley Board of Zoning Appeals September 28, 2010 Page 2 Hogeboom explained that the staff's interpretation of the language regarding structures built prior to 1982 is that the front yard setback for the existing structure would be 25 feet but that any new construction would have to following current zoning code requirements. Segelbaum referred to Section 11.21 Subdivisions 13 and 14 regarding pre-1982 structures and noted that Subdivision 14 specifically states that "new construction and additions to such properties must comply with current requirements of the Zoning Code" but Subdivision 13 (regarding front yard setback requirements) does not include that language. He questioned if interpreting the front setback to be 25 feet in this case would set a precedent. Hogeboom noted that the City Attorney has stated that the Board's interpretation of the zoning code only applies to a specific proposal. , Kisch asked if the Board decides that the porch is allowed to be built to within 25 feet of the front property line if that means the cornices and eves could than project an additional 30 inches into the front setback area. Hogeboom stated that the cornices and eaves could project an additional 30 inches into the front setback area. He noted that the applicant has been talking with staff about his proposal since before the recent court decision was made. Ma�nrell noted that the front porch addition was part of a proposal in 1997 which received variances and asked if those variances could still apply. Hogeboom explained that variances have to be acted upon with one year or they expire. McCarty added that there has to be ongoing construction activity to keep a permit open. Nelson said Segelbaum's point is good but questioned if considering the front yard setback to be 25 feet would work with the applicant's plans. She added that the definition for a covered stoop is vague and needs to be clarified or better addressed in the Zoning Code. Segelbaum stated that he thinks the applicant would have some options if the front yard setback is determined to be 25 feet. Tim Mohr, Applicant, showed the Board photos of the front steps he replaced and said he will be replacing the front door and would really like to provide protection from water and the weather. Kisch opened the public hearing, seeing and hearing no one wishing to comment, Kisch closed the public hearing. McCarty stated that he doesn't think the length of time an applicant has been talking with staff should be considered. He said he is not sure he is comfortable interpreting that the front yard setback can be 25 feet especially if the applicant is then allowed to build an additional 30 inches of cornices and eaves into the setback area. He questioned if it would make sense to deny the variance request and have the applicant appeal the decision to the City Council so the Council could see that some members of the Board are in favor of allowing the front yard setback to be 25 feet and some members might not be. Nelson stated that if the Board decides that the front yard setback is 25 feet than the applicant wouldn't need a variance. Minutes of the Golden Valley Board of Zoning Appeals September 28, 2010 Page 3 Segelbaum discussed the issue regarding allowing the 30 additional inches of cornices and eaves into the setback area and suggested that the Board make a separate motion regarding this issue. Kisch reiterated that the code allows 30 inches of cornices and eaves in a setback area so by saying that the front yard setback is 25 feet that means the requirement regarding cornices and eaves would still apply and would be allowed. Kisch asked the applicant if he could make his front porch plans work if the front yard setback was considered to be 25 feet. Mohr said it would depend on the aesthetics and the style of the roof. Segelbaum noted that there are many homes in the City built prior to 1982 and he doesn't want the Board's interpretation of this application to mean that all of the homes built prior to 1982 can have a 25-foot front yard setback for new construction. He added that he thinks there needs to be other reasons in this case as to the uniqueness of the property. Nelson said she feels it is unreasonable to have mold and water in a basement and the applicant is not adding a roof over his steps just because it will look prettier. She added that other homes on the same street are sitting closer to the front yard property line than this one. Kisch added that there is also habitable space underneath the stairs and the footprint is not expanding. McCarty stated that a roof or overhang isn't necessarily going to stop water from leaking and the fact that the applicant already replaced the front steps will probably address the water issues. He said he would be comfortable voting on interpreting the front yard setback to be 25 feet, but he would not be comfortable allowing the 30 additional inches of cornices and eaves and he doesn't see this as a unique property. Segelbaum reiterated that he would like the language in Section 11.21 Subdivisions 13 and 14 regarding pre-1982 structures to be worded the same. He said he agrees with McCarty that this property isn't unique and added that he would like the Board to make a recommendation to the City Council and Planning Commission regarding the clarification of the language in the Zoning Code in regard to front porches and landings. MOVED by McCarty, seconded by Nelson and motion carried unanimously that the Board of Zoning Appeals interprets Section 11.21, Subdivision 13 regarding pre-1982 structures allowing a 25-foot front yard setback to be in effect on this property. MOVED by Segelbaum, seconded by Sell to recognize that this Board would permit as much as 30 inches of cornices and eaves to encroach into the 25-foot front yard setback in this case. McCarty suggested amending the above motion to state that Section 11.21, Subdivision 11(D) regarding cornices and eaves is in effect for this proposal. Minutes of the Golden Valley Board of Zoning Appeals September 28, 2010 Page 4 The Board decided that Section 11.21, Subdivision 11(D) would already be in effect therefore the motion to allow an additional 30 inches of cornices and eaves into the setback area would not be needed. Segelbaum withdrew his motion. MOVED by McCarty, seconded by Segelbaum and motion carried unanimously to deny the variance as requested because the Board has found the front yard setback in this case to be 25 feet therefore this variance is not needed. Also, the legal requirements for a variance have not been met. III. Other Business Nelson stated that she would like the City Council and Planning Commission to address the issue of allowing a landing area, when the footprint is not expanding, to be covered. Kisch said he would also like a clearer definition between an open and closed front porch, a stoop and a landing. Segelbaum noted that there is already language in the Zoning Code that allows front porches to be located 30 feet to the front yard property line. Nelson said she thinks front steps should be allowed to be covered. The Board discussed landings, decks and porches and possible language regarding allowing covered landings or stairs and where the language could potentially be located in the Zoning Code. They also discussed the possibility of allowing more than 25 square feet for a landing area. , MOVED by Nelson, seconded by Segelbaum and motion carried unanimously to ask the City Council to review the following items: • Landing requirements — allowing a landing area to be more than 25 square feet in size • Clarification of the definitions for porch (open and closed), stoop, landing, etc. • Creating a separate definition and requirements regarding covered stairs or landings • Clarification on where a setback is measured from (above or below ground foundations) • Interpretation of the pre-1982 requirements— Section 11.21 Subdivision 13 vs. Subdivision 14 Election of Officers MOVED by Nelson, seconded by Sell and motion carried unanimously elect Kisch as Chair. MOVED by McCarty, seconded by Maxwell and motion carried unanimously to elect Neison as Vice Chair. Minutes of the Golden Valley Board of Zoning Appeals September 28, 2010 Page 5 IV. Adjournment The meeting was adjourned at 8:45 pm. Chuck Segelbaum, Chair Joe Hogeboom, Staff Liaison GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION Regular Meeting Minutes April 25, 2011 1. Call to Order Sandler called the meeting to order at 7:00 p.m. 2. Roll Call Present: Roger Bergman, Brad Kadue, Kelly Kuebelbeck, Bob Mattison, Emily Piper, Anne SafFert, Jerry Sandler, Dan Steinberg, Rick Jacobson, Director of Parks and Recreation; AI Lundstrom, Environmental Coordinator; and Sheila Van Sloun, Administrative Assistant. 3. Agenda Changes or Additions None made. 4. Approval of Minutes — Februarv 28, 2011 MOTION: MOVED by Bergman and seconded by Piper to approve the February 28 meeting minutes. Motion carried unanimously. 5. Emerald Ash Borer Manaaement Plan —AI Lundstrom, Environmental Coordinator Lundstrom gave an explanation of the emerald ash borer management plan. He said it's very hard to detect and find, therefore it spreads easily. He said there are approximately 939 million ash trees in Minnesota, and all have the potential to be killed by the emerald ash borer. Lundstrom explained that some cities have chosen to spend a significant amount of money to treat their ash trees every 2-3 years, while others are choosing to remove and replace. He said the Department of Agriculture has placed ten emerald ash borer pheromone traps to attract the beetle, which will help find and track their activity. Golden Valley has also done a complete inventory of all public trees with a special GPS tracking unit, which records their size, species, conditions and notes about the tree. This information will be used to generate an electronic city map showing all public trees with their specific details. This map and information will be used to create a remove/replacement plan. The current city plan is to remove 200 ash trees a year over the next 15 years. 6. Honeywell Little Leaque Area Jacobson said the project was awarded to Minnesota Dirt Works. A pre- construction meeting was scheduled for today with work beginning next week. Open Space and Recreation Commission April 25, 2011 Page 2 Kuebelbeck shared information on Fielding Dreams, Building a Baseball Legacy. Fielding Dreams is a Golden Valley Little League fundraising effort to raise the last 10% of the funds needed to complete the new Honeywell Little League Field project. Pavers are purchased in honor of a player, coach or family and sold in three levels: Bronze $250, Silver$500 or Gold $1,000. The pavers will create a paved "Walk of Fame" to the new fields. 7. Vallev Davs Jacobson announced that the annual Valley Days celebration is going to be a one-day event on Saturday, May 21 at Brookview Park. He said the planning committee has finalized the parade route. He also said that shuttles will be available for those parking on the north side of highway 55. 8. Commission Dinner Jacobson said the annual Commission Dinner will be held on May 24 and commissioners will be receiving an invitation in the mail. 9. Adiournment MOVED by Bergman and seconded by Steinberg to adjourn at 8:30 p.m. Motion carried unanimously. Bassett Crc�k�?Vate�shed Manag�m�nt Commissian ''Mint�tes af t�a�J.YT�� a►�'��,y 19,2011 '1. Call to Order The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:41 a.m.,on Thursday,May 19,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert conducted roll call. Roll Call Cyystal Commissioner Pauline LangsdorF Administrator Geoff Nash Golden Valley Commissioner Linda Loomis,Chair Counsel Charlie LeFevere Medicine Lake Commissioner Ted Hoshal Engineer Karen Chandler Minneapolis Commissioner Michael Welch,Treasurer Recorder Amy Herbert Minnetonka Absent New Hope Commissioner John Elder Plymouth Commissioner Ginny Black,Vice Chair Robbinsdale Absent St.Louis Park Absent Also present: Caroline Amplatz,Caroline's Kids Foundation Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Jeannine Clancy,BCWMC Technical Advisory Committee,City of Golden Valley Jack Frost,Metropolitan Council Environmental Services Rebecca Forman,Braun Intertec Ted Gattino,Blue Wing Environmental for Mid-West Floating Islands Christopher Gise,Watershed Resident Dave Hanson,Alternate Commissioner,City of Golden Valley Len Kremer,Barr Engineering Company Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Joseph O'Brien Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka 2. Approvai of Agenda and Consent Agenda Commissioner Black moved to approve the Consent Agenda and the Agenda.Commissioner Elder seconded the motion.The motion carried unanimouslv with six votes in favor[CSties of Minnetonka, Robbinsdale,and St.Louis Park absent from vote]. 3. Citizen Input on Non-Agenda Items Rebecca Forman of Braun Intertec Corporation(Braun)stated that she wanted to raise awareness about the proposed brush removal at the beach area at Twin Lake.She said that she had been to the site during the Twin Lake Tour and Vegetation Management meeting that was put on by the Minneapolis Park and Recreation Board(MPRB)on Apri121,2011.She said that at the meeting the Minneapolis Park and Recreation Board discussed what it was planning to do.5he said that the plan was to remove all brush that had a diameter of less than two inches in order to be able to pravide law enforcement with a clear line of sight down to the beach area.Ms.Forman said that she understands the desire for a clean line of sight but she is concerned about the potential impacts of the brush clearing plan such as erosion and further sedimentation of Twin Lake,which could contribute to a problem with 1�vin Lake water clarity issues. . Ms.Forman stated that she provided a handout today to the Commission that was a copy of the letter that Braun wrote and provided to the MPRB and that stated Braun's concerns.She said that additionally she was at the lake yesterday and saw that the temporary erosion and sediment control was not installed correctly.She said that she was really concerned that the incorrect installation would exacerbate the sediment going into the lake.Ms.Forman added that the temporary sediment control would not be functional in any sense of the word in the manner in which the control has been installed.She provided the Commission with pictures of the control and with the Minnesota Department of Transportation (Mn/D01�specification on how to install biorolls properly.Ms.Forman went through the details of the proper installation of biorolls. Chair Loomis added that she also attended the tour of the beach area at Twin Lake and that she has been in contact with the MPRB.She said that she had heard that the MI'RB had originally planned to remove brush with a brush hog but since several residents eacpressed their concerns with that approach,the MPRB has decided that it would bring in a conservation corps gronp to hand-remove the brush instead of using the brush hog.She said that the City of Golden Valley would also be addressing with the MPRB the erosion control issues and that she had talked to MPRB staff Andrea Weber about the MPRB working with the BCWMC regarding a possible BCWMC CIP project for erosion control or stabilization of the bluff above the beach at Twin Lake.Chair Loomis reported that Andrea Weber has been in touch with Administrator Nash about the potential project. Chair Loomis commented that she had heard from Andrea Weber that the MPRB had hired Braun Intertec as one of the consultants. Caroline Amplatz stated that through her Caroline's Kids Foundation she has hired Braun Intertec as her personal expert and that she pays all of Braun's fees for the work it does on her behalf.She added that the residents of Hidden Lake are not in favor of the brush removal project.She said that the residents of Twin Lake haven't been consulted on the projec�Ms.Amplatz said one of the ideas the residents have heard about is the idea of making the beach public and building a trail down to the beach so that the police can get to the beach.She communicated that the residents do not want the beach to be made public or to have a trail built to the lake as she doesn't think the lake is big enough to handle it.She said that E.coli testing of the lake has been undertaken on her behalf and that there are no public restrooms at the site. Ms.Amplatz said that the residents want the crime in the Twin Lake beach area to be monitored.She commented that Hidden Lakes is twenty percent of the tax base in Golden Valley and she knows that several residents plan to petition the City of Golden Valley to have their taxes reduced because there is no quiet enjoyment of the property.Ms.Amplatz clarified that the residents do not support a public beach and do not support clearing of the brush and instead do support gett�ng rid of the crime such as by more patrolling of the beach area by the Golden Valley police.She said the residents do support a buckthorn removal project in the area of the beach that would remove only buckthorn.She said that she as well as many residents on the island at Hidden Lakes have prfvately funded the removal of buckthorn on their property and have gone through the proper permitting procednres. Administrator Nash said that he had handed out today a map provided by Andrea WQber of the MPRB that illustrates a wish list of what the MPRB would like in the Hidden Beach area.He described some of the items illustrated and he said he has asked Andrea Weber to provide details about a possible erosion and bank restoration project in the beach area,which the Commission and its technical advisory committee(TAC)could consider as a possible future project to add to the BCWMC's Capital Improvement Program(CIP). Kari Geurts asked the BCWMC for the contact information for Andrea Weber and Administrator Nash asked her to e-mail him with her request. Commfssioner Welch said that the immecliate�ssue in front of the Commission is the installat�on of the erosion control measures and asked if someone from the City of Golden Valley is following up an the issue or if the Commission should contact the MPRB to inform them that the control is substandard.Ms. Clancy commented that Andrea Weber went directly to the Adriun�strator of the BCWMC as opposed to going to the City of Golden Valley and said that the City could follow up but needs direct�on from the BCWMC regarding what it considers the City's role to be in this process. Comrrussioner Welch directed Administrator Nash to follow up with the Commission Engineers and to work it out with the City of 2 BCWMC May 19,2011,Meeting Minutes Golden Valley. Commissioner Black asked that Administrator Nash communicate with the MPRB about its project timeline and to bring a representative of the MPRB in front of the Commission at its next meeting to update the Commission on the project and to provide details. Ms.Amplatz asked if the Commission agrees that the removal should begin with only removing buckthorn.Commissioner Black said that no,there isn't agreement on that issue but that the Commission would like the MPRB to come in front of the Commission to discuss the plans for the vegetation removal, after which the Commission could discuss the direction it would like the MPRB to take.Ms.Amplatz commented that she asked the MPRB if it had consulted the Commission regarding the brush removal and that the MPRB said that no,it hadn't and that based on its understanding it did not need to consult the Commission. Commissioner Welch thanked Ms.Forman and Ms.Amplatz for bringing the issues to the Commission's attention. 4. Administration A. Presentat�on of Apri121,2011,Meeting Minutes.The meeting minutes were approved at part of the Consent Agenda. B. Presentation of Financial Statements.The May Financial Report was received and filed as part of the Consent Agenda. The general and construction account balances reported in the May 2011 Financial Report are as follows: Checking Account Balance $642,547.63 TOTAL GENERAL FUND BALANCE $642,547.63 Construction Account Cash Balance 2,415,451.10 Investment due 5/13/2015 508,918.39 Investment due 9/16/2015 512,059.83 TOTAL CONSTRUCTIONACCOUNT BALANCE 3,436,429.32 -Less: Reserved for CIP projects 4,865,112.45 Construclion cash/investments avazlable for projects (1,428,683.13) C. Presentation of Invoices for Payment Approval. i. Kennedy& Graven—Legal Services through 3/31/11—invoice for the amount of $4,057.58. ii. Barr Engineering Company—Engineering 5ervices through 4/29/11—invoice for the amount of$54,724.42. in. Watershed Consulting,LLC—Geoff Nash Administrator Services through 4/30/11— invoice for the amount of$3,736.50. iv. Amy Herbert—April Administrative Services—invoice for the amount of$3,328.96. v. D'amico-ACE Catering—May BCWMC meeting catering—invoice for the amount of $362.00. vi. Judy Arginteanu—Education Articles—Education and Public Outreach—invoice for the amount of$300.00. 3 BCWMC May 19,2011,Meeting Minutes vii. City of Plymouth—Three-part Education Display—Education and Public Outreach- nnvoice for the amount of$106.82. viii. Hamline University—2011 WaterShed Partners Participation—BCWMC's 2011 budget allocated$3,500.00 for this watershed partnership. ix. MMKR—Progress billing for fiscal yeac 2010 audit—invoice for the amount of$3,350. Ms. Chandler requested the removal of invoice 4Cii-the Barr Engineering Company invoice- since Barr Engineering had discovered that certain items within the invoice had been mislabeled. She said that Barr Engineering would correct the invoice and would resubmit it next month. Commissioner Langsdorf requested the removal of invoice 4Cvui-the Hamline University invoice -from the roll call vote so that the Commission could discuss it.Commissioner Black moved to approve payment of remaining invoices.Commissioner Welch seconded the motion.Bv call of roll the motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and St.Louis Park absent from voteJ. Ms.Langsdorf clarified that the BCWMC had budgeted$3,500 for its watershed education partnership for WaterShed Partners for 2011 and stated that$Z,000 should be directed to the WaterShed Partners media campaign and$1,500 should be directed to the general support for WaterShed Partners.Commissioner Langsdorf moved to approve payment of the Hamline University invoice. Commissioner Black seconded the motion.Bv call of roll the motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and St.Louis Park absent from vote]. D. Approve and Authorize Distribution of Final BWMC 2010 Annual Report.Commissioner Black moved to approve the�nal report and its distribution. Commissioner Elder seconded the motion. The motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and St.Louis Park absent from vote]. E. Receive and File and Authorize Distribution of BCWMC's 2010�nancial Audit. Commissioner Black moved to receive and file the final audit and to distribute it as required.Commissioner Welch seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and 5t.Louis Park absent from vote]. F. Execute Contract with the Metropolitan Council Environmental Services for 2011 CAMP Participation.Ms.Herbert stated that Commissioner Hoshal had noted prior to the meeting that last month the Commission had agreed to add the funding of the CAMP monitoring for 2011 of Hidden Lake but that the lake was not included in the contract.Ms.Herbert said that the contract in front of the Commission would need the Commission to strike out the reference to Parkers Lake and to add the reference to the second site on Medicine Lake to the contract's list of lakes in the monitoring program that will be sponsored by the BCWMC in 2011 and she explained that Brian Johnson of the Metropolitan Council Environment Services had communicated that the Commission should handle the change in that manner.She said that the Metropolitan Council will need to prepare a contract amendment to add Hidden Lake as the eighth monitoring site being sponsored by the BCWMC in 2011 and asked that the Commission authorize the Chair to execute the amendment administratively when the Commission receives the contract. Ms.Langsdorf added that as the Commission discussed at its last meeting the Education and Public Outreach Committee had not budgeted enough funds to monitor eight lakes and to purchase additional monitoring Idts.Ms.Herbert summarized that the BCWMC had budgeted $3,500 for the 2011 CAMP program and that the Commission has approved spending an anticipated$4,700 for the 2011 CAMP program and that last month the Commission approved using funds from the BCWMC's Demonstration/Education Grant budget to cover the difference. Commissioner Black moved to approve executing the contract with the Metropolitan Council Environmental Serv➢ces with the change to the contract regarding Parkers Lake and the Medicine Lake second site and to authorize the Chair and staff to handle the execution of the contract amendment regarding Hidden Lake.Comr►ussioner Elder seconded the motion.The motion carried unanimously.Commissioner Welch remarked that he had not received a copy of the 4 BCWMC May 19,2011,Meeting Minutes contract.Ms.Herbert commented that the contract was not part of the hard copy of the packet because it was received after the packet was mailed out but that it was distributed to the Commission electronically prior to the meeting.Commissioner Black asked if Counsel had reviewed the contrac�Mr.LeFevere responded that he had reviewed it. Commissioner Welch commented that it is a matter of organization in terms of the Commission receiving the hard copies of the meeting materials before the meeting.The motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and St.Louis Park absent from vote]. G. Discuss Contract for 2011 and 2012 Engineering and Technical Services.Mr.Kremer described the contract and changes presented in the fee schedule. Commissioner Black said that she will not be supporting any cost increases.Mr.Kremer commented that Barr Engineering Company continuously tries to iavolve its younger staff that typically bill at lower fee levels as makes sense and that the changes indicated in the fee schedule information provided to the Commission should not affect the BCWMC's Engineering budget. Commissioner Welch remarked that he is well aware of the budget financial constraints of the member cities but added that he didn't see that connection between the Barr Englneering proposed fee schedule and the BCWMC budget.He said that he reviewed the contract and supporting documentation from Barr Engineerfng in detail and that he did not�nd a basis to deny the contract. Commissioner Black moved to approve the BCWMC continuing the current contact between the BCWMC and Barr Engineering Company for another two years.The motion was not seconded. Commissioner Welch moved to approve the contract with Barr Engineering Company for engineering and technical services as proposed.Commissioner Hoshal seconded the motion.The motion carried with five votes in favor(Cities of Crvstal,Golden Vallev,Medicine Lake, Minneapolis.and New Hope)and one vote aeainst(City of Plvmouth),f Cities of Minnetonka, Robbinsdale,and St.Louis Park absent from votel. H. Execute Contract with Hennepin County Environmental Services for 2011 River Watch Participation.Commissioner Black moved to approve the contract with Hennepin CounLy Environmental Services for participation in River Watch in 2011.Commissioner Langsdorf seconded the motion.The motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and St.Louis Park absent from vote]. a. New �usiness A. Minneapolis Park and Recreation Board Request for Financial Involvement with an Emergency Trail Repair at the Wirth Lake Treatment Basin.Mr.Kremer described the locat�on af the site and described the ponding area on the west side of Wirth Lake.He explained that the outlet structure at the site was constrncted in 2006 for the purpose of expanding the storage capacity of the pond.He stated that the project was constructed by the MPRB and the City of Minneapolis and that the BCWMC and the City of Golden Valley also participated in the cost of the project.Mr.Kremer described the basin's control structure and box culvert design as well as the difference in the water levels between the upstream and downstream sides of the box culvert.He eicplained that the organic backfill material adjacent to the box culvert appeared to have settled over time,allowing a void to develop adjacent to the box,which permitted water to f7ow through that subsequently caused erosion of the material around the box.Mr.Kremer said the result is that the erosion caused the trail bed to lose its foundation and the trail settled into the void.He said the solution for avoiding this type of erosion is using compacted impervious fill around the box culvert or installing a granular filter drain to convey seepage. Mr.Kremer recommended that a drain be installed in the downstream side of the box culvert and that the backf'ill be excavated away From the box culvert and re-installed.He said that the MPRB has requested that the contractor currently working on the MPRB's trail improvement project provide the MPRB with a progosal for the repair.Mr.Kremer said the MPRB offered to provide a copy of the plan to the BCWMC. 5 BCWMC May 19,2011,Meeting Minutes Mr.LeFevere added that he had talked to Andrea Weber of the MPRB about this situation.He reported that the MPRB has a contract in place on an existing and currently ongoing project and that . this issue needs to be fixed so that the other project can continue.He said that the MPRB has requested proposals from SEH,Inc.,which is the MPRB's on-site contractor,and WSB,which designed the control structure.He said that the MPRB will review the two proposals,will select one, and is requesting that the BCWMC authorize its staff to review and comment on the design. Commissioner Welch asked if the MPRB is proposing this additional work as a change order to the current project.Mr.LeFevere said the MPRB is considering it as a possibility. Ms. Clancy asked if it has been determined whether the project was built in accordance with the plans and specifications.Mr.Kremer said it cannot be determined whether it has been built in accordance with plans and specifications until the excavation has occurred.She asked who performed the inspection during the construction.Mr.Kremer said that as he understands it the construction was done primarily by the MPRB.Commissioner Black asked for clarification on what the Commission is being asked to do at this point in time.Mr.LeFevere responded by saying that the MPRB is asking the BCWMC to authorize its staff to review the design plan.Commissioner Welch asked if the Commission Engineer anticipates the review taking five to ten hours of the Engineer's time.Mr. Kremer said yes,it should take about that much time. Commissioner Welch moved to direct the Commission Engineer to review the design plans. Commissioner Elder seconded the motion. Chair Loomis asked when the Commission would be advised on whether the original project was constructed in accordance with the original design.Mr. LeFevere said that is a reasonable question for the Commission to pose especially if the MPRB comes to the Commission for funds. Commissioner Black clarified that by the Commission agreeing to review the project design that the Commission has not agreed to any land of partnership but only has agreed to review the project design and specifications. Mr.LeFevere said that he could write a letter to the MPRB about whether it was reasonable for this failure to have happened and to communicate that if the MPRB is considering approaching the Commission with a request for funds regarding the repair the Commission would like the MPRB to provide the Commission with an analysis of who the MPRB thinks should participate in the cost and why. Chair Loomis suggested that a friendly amendment be made to Commissioner Welch's motion,which wotild include the direction to Counsel to draft a letter to the MPRB expressing the Commission's concerns as discussed. Commissioner Welch asked that the Commission Engineer also provide the Commission with an analysis of whether having a trail over this structure works or if it is a bad location for a trail.Commissioners Welch and Elder agreed to the friendly amendments.The motion carried unanimouslv with six votes in favor[Cities of Minnetonka,Robbinsdale,and St.Louis Park absent from vote]. B. Discuss Draft 2012 BCWMC Operating Budget.Administrator Nash presented the draft budget that was assembled by the BCWMC Budget Committee and that was e-mailed out to the Commission earlier in the week.He detailed the changes that were made in the draft budget compared to the BCWMC's 2011 budget and pointed out that the proposed operating budget for 2012 is$692,545 and described the proposed 2012 assessment to the cities of$564,545.He said the reflected increase fs being driven by the Commission's budgeting for the development of a watershed-wide XP-SWMM model,a P8 water quality model,and the costs of the next generat�on plan work in 2012. Administrator Nash described the decreases that the Budget Committee made in the draft 2012 budget compared to the current budget such as zeroing out the water quantity budget and he asked the Commiss�on Engineer and the member cities to weigh in on that budget item. The Comttussion discussed fnnding the watershed-wide P8 water quality model and the watershed- wide XP-SWMM models from the Commission's long-term maintenance account,which would reduce the amount of the member-cities' assessment.Commissioner Hoshal commented that perhaps the P8-model could be funded over 18 months with the contractor. Ms. Chandler mentioned that the Commission Engineer recommends using$10,000 out of the TMDL studies fund to help cover the 2012 costs of TMDL implementation. 6 BCWMC May 19,2011,MeeHng Minutes Chair Loomis said that she would like information on what the remaining balance would be in the flood control fund if some of those funds were used for the two models.Mr.LeFevere said that when the Second Generation Plan was created funds were taken out of the old construction account and allocated.He said that$500,000 went to emergency repair and$335,000 went to long-term maintenance.Mr.LeFevere said that the source of all of those funds was the same and the use of the funds is documented in the Commission's Watershed Management Plan.He said that the Commission may need to go through a procedural process,such as a plan amendment,with the Minnesota Board of Water and Soil Resources(BWSR)to use those funds.Ms.Chandler said that the Commission Engineer recommends using the funds from the long-term maintenance account. Commissioner Welch remarked that if the Commission used the long-term maintenance fund for the XP-SWMM model,used$10,000 from the TMDL studies fund toward the 2012 water monitoring,and found a way to shift historical maintenance funds for the proposed$135,000 for the P8 model,then the assessment to the cities would decrease to approximately$429,000,which is less than the 2011 assessment to the cities. Commissioner Black said it sounds like the Budget Committee and staff have direction from the Commission to look for ways to remove out of the assessment the$135,000 proposed cost for a watershed-wide PS model and then to bring back the proposal to the Commission. Commissioner Hoshal noted that the footnotes needed revising.Chair Loomis asked the Commission if it wanted the Budget Committee to take a more detailed look at some of the bndget items that the Committee had decreased in order to make sure the budgets will fit the Commission's proposed work load for 2012. The Commission indicated yes. Ms.Chandler recommended that the Commission not abandon its water quantity monitoring.Chair Loomis said the Budget Committee did want to hear from the cities if that information is valuable to the cities.Commissioner Black asked if that information needed to be collected annually.Ms. Chandler said that the weather from year to year cannot be preclicted.Ms. Clancy said the cities do need a poinC to refer back to and said that if the Commission isn't going to maintain the water quantity information then who would?She said that the City of Golden Valley has utilized the data. Administrator Nash suggested that the Comm�ssion purchase transducers and install them in the eight water bodies that the Commission currently monitors.He said the transducers could take hourly readings.Administrator Nash said that the transducers are not terribly expensive and that most of the 2011 water quantity budget is basically labor and having someone do a tour of the lakes. Commissioner Welch asked if it would make sense for the Budget Committee to get input from the TAC on this budget item as well as any other budget items.Ms.Clancy said that the TAC would like some time to discuss the water quantity data collection ideas with the Commission Engineer and Administrator to talk about the most efficient way of collecting the data. Chair Loomis said that the Budget Committee has direction from the Commission. Commissioner Black remarked that she would like to stay at last year's funding level.Ms.Chandler noted that the watershed inspections and the project inspections numbers listed in draft 2012 budget table and in the column titled Audited 2010 Actual weren't reflected accurately and that the cost of the project inspections on line 14 was between$9,000 and$10,000 and not the$5,700 indicated and that the amount spent in 2010 on watershed inspections on line 13 was$7,200.Chair Loomis clarified that Ms. Chandler was saying that for the 2012 budget the amounts budgeted for lines 13 and 14 should be � flipped.Ms. Chandler said yes,they at least should be flipped. _ _ _ �6. 0:1� Bus�r�e�ss�� A. TAC Recommendations a. a. Proposed BCWMC Response to Comments on the Sweeney Lake TMDL. Administrator Nash reported that the TAC discussed the draft response to comments and that he went and discussed the issues with the MPCA.He said he had distributed to the Commission the BCWMC's draft comments and had also distributed Brooke Asleson's comments regarding the BCWMC's draft comments.Administrator Nash said that he is looking for the Commission to approve a meeting between the Comr►ussion Engineer, Brooke Asleson,and himself regarding refining the BCWMC's comments in a way that 7 BCWMC May 19,2011,Meeting Minutes will limit the BCWMC's potential involvement.He said one of the issues to be worked out is regarding reasonable assurance about internal loading,which is the most critical piece of the Commission's comments.Administrator Nash reiterated that he would like the Commission's approval to engage with the MPCA on refining the BCWMC's response to comments with the assistance of Barr Engineering. Commissioner Welch said he was trying to distinguish between what materials had been provided to the Commission for its review yesterday and new materials presented today. He asked if the Commission will be seeing a draft of the revised BCWMC comments before it gets submitted to the MPCA.Administrator Nash remarked that he didn't think that the issues were so critical that the Commission would need to see the final comments before they were sent.He said that the Commission could provide staff wath direction not to give away the store or basically not to commit the Commission to things that it doesn't want to commit to and provide staff with direction that the BCWMC st�cks to the language that Mr.Kremer put together on reasonable assurance,which basically states that after waiting 10 years,or two stormwater permit cycles,the Commission will re- evaluate the situation. Commissioner Welch requested an edit to the letter to replace the reference to the Minnesota Council for Environmental Advocacy with the proper name which is the Minnesota Center for Environmental Advocacy.Commissioner Welch asked what the next step would be after the discussion between the Administrator,Commission Engineer, and the MPCA.Administrator Nash said that then the BCWMC would submit to the Minnesota Pollution Control Agency the BCWMC's�inal comments on the Sweeney Lake TMDL.Administrator Nash stated that the MPCA wanted the strongest possible statement about the Commission's willingness to evaluate internal loading.He said that the responses to the comments would be incorporated into the TMDL by Ron Leaf of SEH. Commissioner Black moved for staff to proceed with working with the MPCA along with the Commission Engineer to finalize these comments in order to move forward. Commissioner Elder seconded the motion.The mot�on carried unanimously with�ve votes in favor[Cities of Crystal,Minnetonka,Robbinsdale,and St.Lotus Park absent from vote]. b. BCWMC's Role as a Categorical Wasteload Implementer for TMDLs.Chair Loomis said the Commission touched on this topic when it discussed the creation of a P8 model as part of the draft 2012 budget discussion.Ms.Chandler reported that the TAC discussed that the P8 model is the best way to go for now until such time that new directives come from the MI'CA. � c. Policy Changes Needed to Implement TMDLs.Mr.Kremer said the discussion began with the reference to the Mn/DOT recommendation of expanding Highway 494 by a couple of lanes in each direction and the knowledge that with a TMDL in place there would be no increases in load allowed.He said the TAC discussed that the Commission's current policy for linear projects allow a lot of variance and does not limit or prohibit the loadings from the road e�ansion projects such as MnlDOT's proposal to e�and 494.Mr. Kremer said that in order to implement the TMDLs the Commission needs to take a look at its current policies because currently the policies on new developments and linear projects would allow increases in loads.Mr.Kremer said there could be a type of trading program put in place so that for those watersheds where there are completed TMDLs where the Commission doesn't want an increase in load some additional BMPs could be built beyond what is�needed to implement the TMDL and then the Commission would allow projects that occur in those watersheds to buy credits from that bank. Mr.Kremer reported that the TAC wants to collect additional information on those alternatives,such as the Ramsey-Washington trading program,to discuss at a future TAC meeting.He noted that Commissioner Welch had provided comments to the TAC on potential policy changes.Commissioner Welch brought up the Ramsey-Washington 8 BCWMC May 19,2011,Meeting Minutes trading program and brought up the issue of the enforcement of policies and the role of the MS4 permitting process as a tool.Commissioner Welch said that the numbers he put into his comments on the policies are not unprecedented but were put in to start the discussion.Chair Loomis said that it seems that the TAC should discuss who has what ordinances already in place. Mr.Asche remarked that he can understand the Commission's viewpoint but that there is a lot of effort at the city level any time a review is triggered.He said for example,with a 20-cubic yard disturbance that did not have erosion control measures in place when a rain downpour occurred,he wonders how much phosphorous went down the drain and the comparison of that amount with the amount of effort that went into the permit,the design, the inspection,and the follow-up of that project.Mr.Asche said he thinks it would be valuable to know the cost benefit and to understand at what level does it make sense and is it efficient to go through the permitting process.He said he thinks the TAC would have a robust discussion about this issue. Commissioner Black moved for this issue to go to the TAC.She added that she thinks this should be discussed as a policy issue for the Plan.She said that the TAC members could bring their ordinances to discuss.Commissioner Elder seconded the motion.Ms.Clancy requested that the Commission direct Administrator Nash to collect the ordinances and create a matrix about the trigger points and to distribute it to the TAC.The Commission agreed to that staff request.She added that if residents need to go to the cities to get a permit and then need to go to the watershed for a permit,the residents will get angry.The motion carried unanimouslv with six votes in favor[Cit�es of Minnetonka,Robbinsdale, and St.Louis Park absent from vote]. ii. RFQ for Engineering and Technical Services.Administrator Nash asked the Commission to consider sending out the RFQ presented in the meeting packet to select consultants and noted that the TAC had discussed that the RFQ doesn't need to be posted.Commissioner Black asked that the information regarding the purpose of the Commission's request to develop a list be moved from page 4 to page 1.Commissioner Welch said that the Commission should see the minutes of the last meeting regarding his objections to this approach but setting those aside he agrees with Commissioner Black's comments and also requested the removal of the third sentence in the second paragraph.He also asked if the Commission needs to state how many�rms that the Commission will put on its list.The Commission agreed that it does not need to be listed in the RFQ.Ms.Clancy said that the TAC wants the RFQ to make it clear that just because a firm submits its qnalifications doesn't mean the firm will end up on the list.Commissioner Black recommended removing the background information on the Commission from the RFQ and instead included the direction that firms could go to the Commission's Web site for background information. iu. BCWMC's Role in Advising Property Owners about Water Quality Sampling in the Bassett Creek Watershed.Administrator Nash said that the TAC's opinion is that the BCWMC should stay away from the role because the Commission has nothing to gain from it. B. Discuss Management Options for Twin Lake.Ms.Chandler said that in March Dr.Pilgrim of Barr Engineering Company presented Twin Lake water quality information to the Commission and the Commission subsequently asked for information on management options for Twin Lake. She said that Dr.Pilgrim said that alum treatment would be an opt�on right now for Twin Lake and so the Commission Engineer is recommending that the Commission consider it as a CIP project,which would cost between$40,000 and$60,000. Ted Gattino introduced himself as a member of Blue Wing Environmental and as representing Midwest Floating Islands.He said he has data supporting the t7oating islands efficacy in nutrient uptake.He said the islands were like floating treatment wetlands that use recycled materials, provide habitat,and reduce wave energy.Mr.Gattino said an island is a one-tune e�enditure and he said that he would like to offer this option as a possible best management practice. 9 BCWMC May 19,2011,Meefing Minutes Ms. Chandler said that the recommended alum treatment would be a one-time treatment and would not be a dosing plant.Chair Loomis said she doesn't think that the residents living adjacent to Twin Lake would be comfortable with an alum treatment.Commissioner Black said that there is one of these floating islands from a different company in one of Plymouth's stormwater ponds and that it was�nanced privately by a resident.Commissioner Welch said he thinks it would be good to open up the ideas to include information about the floating island.Commissioner Black said it would be worthwhile to investigate it as an option for this situation or perhaps it would be an option for a different situat�on. Chair Loomis requested that the Twin Lake Management Options issue be added to the BCWMC's agenda for August or September so the Commission could review options and costs and directed staff to provide information to the Commission about options and costs. [Commissioner Welch departed the meeting.] C. Discuss Major Plan Amendment Schedule.Ms.Chandler said that the schedule previously outlined for the major plan amendment remains the same and that she would like the Commission's authorization to send the draft feasibility reports to Joel Settles of Hennepin County at the same time as they are distributed to the Commission.She noted that the Commission will be holding its public hearing on the major plan amendment at the June 16�' BCWMC meeting.The Commission directed Ms. Chandler to send out the draft feasibility reports to Mr.Settles at the same time they are distributed to the Commission. [Commissioner Elder departed the meeting.The Commission no longer had a quorum.] D. Discuss Possible New Water Quality Policies.See the discnssion 6Aic—TAC Recommendations. 7. �ommunications A. Chair: i. Chair Loomis reported that the Mississippi River E.Coli group had a meeting but the group dadn't have clear direction on how to move forward. B. Administrator: i. Administrator Nash announced that he sent out the Admin�istrator Performance Evaluation form a couple of days ago and requested that it be returned by next Friday.He said that he would resend it. ii. Administrator Nash asked the Commission for direction on which BCWMC staff it wanted to use for the June watershed tour.The remaining four commissioners agreed that it would reimburse one Commission Engineer and the Recorder as well as the Adttunistrator for their time.Chair Loomis directed the Administrator to communicate to the Commission that the consensus of the remaining commissioners was that it would be important for the Commission to have the Recorder attend the watershed tour and that the Commission will reimburse her for her time and that the Commission will proceed in that manner if there are no objections. iu. Administrator Nash said that he heard from Deputy Treasurer Sue Virnig that the BCWMC hasn't received the assessment from the City of Minneapolis. Chair Loomis directed Administrator Nash to e-mail Commissioner Welch about the issue. C. Commissioners: 10 BCWMC May 19,2011,Meeting Minutes i. Commissioner Black said that she is receiving lots of e-mails about the issues of zebra mussels and lake levels on Medicine Lake and asked if the Commission wants to have those forwarded. The Commission indicated that it would. ii. Commissioner Hoshal announced that he will be an alternate this summer for two CAMP volunteers while they are on vacation and that he will go through the volunteer training. iri. Commissioner Hoshal reported that he attended a forum workshop put on WMWA about protecting water resources.He said one of the presenters discussed a new technology to extract phosphorous called a Minnesota Filter,which is composed of iron filings and sand. iv. Commissioner Hoshal announced that the Education and Public Outreach Committee will meet on Tuesday,May 24�'and will provide a report to the Commission at its June meeting. v. Commissioner Langsdorf said that she had a resolution to introduce in appreciation for the services of St�u Stockhaus.Chair Loomis directed the resolution to be introduced at the June meeting so that there would be a quorum to vote on the resolution. vi. Commissioner Langsdorf reported on the Zachary Lane Environmental Fair and said that it went really well. D. Committees: No Communications. E. Counsel:No Communications. F. Engineer: No Communications. 8. Adjournment Chair Loomis adjourned the rneeting at 2:45 p.m. ' Linda Loomis,Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 11 BCWMC May 19,2011,Meeting Minutes C� b�' ' �� '° � Public Works o . � ae 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. E. 1. Environmental Commission Member Resignation Notice Prepared By Jeannine Clancy, Director of Public Works Lisa Nesbitt, Administrative Assistant Summary On Monday, June 27, 2011, the Environmental Commission was notified that Jon Pawluk is resigning from the Commission due to other commitments. Mr. Pawluk was appointed to the Environmental Commission in April 2004, and his resignation is effective immediately. Attachments Resignation notice from Jon Pawluk sent to Lisa Nesbitt via e-mail on June 22, 2011 (1 page) Recommended Action Motion to receive the email from Jon Pawluk notifying the Environmental Commission of his resignation effective immediately. City of Golden Valley Attn; Mayor Linda Laomis 7800 Golden Valley Road � Golden Valley, MN 55427 Re: Resignation-Golden Valley Environmental Commission Appointment Mayor Loomis, Please accept my resignation fram the Golden Valley Environmentai Gommission. I have enjoyed my time on the commission and found it both educational and rewarding. Unfortunately I have volunteer commitments with the YMCA(University YMCA Community Board and Metro YMCA Properties and Facilities Committee},as well as serving on the Board of Directors for a Veterans orgaaization,ehat preclude me from cantinuing to devote the time necessary to be an effective comrnission member. I am hoping that at some point in the future my schedule will be such that T can once again volunteer time with the City of Golden Valley. I have been very impressed with the dedication and professionalism of all of the City staff that have worked with the Environmental Cornmission. And of course I have enjoyed working with my fellow citizens over the years on the commission,ttte Sidewalk Task Force,and the Deer Task Force. Thank you for the opportunity to serve the City of Golden Valley! Sincerely, J.P.Pawluk l$45 Major Drive North Galden Valley,MN 55427 a,� ; � , ' Park and Recreation O �� , e 763-512-2342!763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. F. 1. Quotes - North Tyrol Park Playground Equipment Prepared By Rick Jacobson, Director of Parks and Recreation Summary Quotes were received for the purchase and installation of new equipment, which conforms to the ADA and Consumer Product Safety Commission Guidelines at North Tyrol Park to replace the equipment which was damaged by the tornado on May 22. Costs for replacement of the equipment have been submitted to FEMA, and the cities insurance company. Expenses not covered will come from the Park Section of the Capital Improvement Program. The following quotes were received: Play Power/Flanagan Sales $34,248.00 Flagship Recreation $42,000.00 Recommended Action Motion to authorize the purchase and installation of playground equipment at North Tyrol Park from the lowest responsible bidder, Play Power/Flanagan Sales for $34,248.00. � �� / City Administration/Council � �� N� � 763-593-8003 l 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. G. Authorization to Sign Agreement with Missions Inc./Home Free for pomestic Assault Intervention Services Prepared By Thomas Burt, City Manager Summary The City has a long history of using the services of Home Free. This service has in the past been paid for with pull-tab receipts that the Human Services Foundation distributes to a number of non-profit agencies that serve Golden Valley. Beginning in 2008 payment for this agreement was moved to the General Fund. Attachments Services Agreement with Missions Inc./Home Free (4 pages) Recommended Action Motion to authorize the City Manager sign the agreement with Missions Inc./Home Free for domestic assault intervention services. CITY OF GOLDEN VALLEY SERVICES AGREEMENT This Agreement ("Agreement") is made on day of July, 2011, by and between the CITY OF GOLDEN VALLEY ("City"), whose business address is 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and MISSIONS INC./HOME FREE ("Provider"), a Minnesota corporation whose address is, 3409 East Medicine Lake Boulevard; Plymouth, Minnesota 55441. The Provider is a non-profit organization that has served the City's families since 1984. The Provider's programs and services are unique and are not available through any other local organization. The Home Free Domestic Assault Intervention Project facilities a coordinated response to domestic assault among law enforcement, criminal justice and social service agencies. The Project aims to ensure that Golden Valley residents receive ongoing support, information and advocacy for domestic-violence issues. The City wishes to contract with the Provider to provide community services in the City. The parties wish to set forth in writing the terms and conditions of their agreement. The City and Provider agree as follows: 1. SCOPE OF SERVICES The Provider shall provide the services as outlined in the attached Exhibit A and made part hereof. 2. PAYMENT The City agrees to pay the Provider $15,000 to assist the Provider in providing the services outlined on the attached Exhibit A. 3. TERM AND TERMINATION The term of this Agreement shall be from January 1, 2011, through December 31, 2011. This Agreement may be terminated at anytime by either party upon sixty (60) days advance written notice. The City may terminate this Agreement immediately without notice should Provider (i) fail to provide the Services in accordance with this Agreement; or (ii) violate any ordinance or regulation of the City of Golden Valley or any state law or regulation. Extensions of this Agreement may be made by the written agreement of both parties. The City and Provider shall meet annually each November to discuss this Agreement and evaluate the Services provided hereunder. 4. NON-ASSIGNMENT Provider may not assign, subcontract, transfer, or pledge this Agreement and/or the services to be perFormed under it, whether in whole or in part, without the prior consent of the City. 5. DISCRIMINATION The Provider agrees not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. 6. INDEMNITY The Provider agrees to hold harmless, indemnify and defend the City, their elected officials, officers, agents, and employees against any and all claims, losses, or damages, including attorneys' fees, arising from, allegedly arising from, or related to, the provision of services under this agreement by the Provider, its employees, agents, officers, or volunteer workers. 7. INDEPENDENT CONTRACTOR Nothing in this agreement is intended, nor may be construed, to create the relationship of partners or employer/employee between the parties. The Provider, its officers, agents, employees, and volunteers are, and will remain for all purposes and services under this agreement, independent contractors. 8: WAIVER Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 9. AUTHORIZED AGENTS The City's authorized agent for the purpose of administration of this Agreement is: Thomas D. Burt, City Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 763-593-8003 The Contractor's authorized Agent is: Patricia Murphy, Executive Director Missions Inc./Home Free 3405 East Medicine Lake Boulevard Plymouth, Minnesota 55441 763-559-1883 10. NOTICES Any notices given under this Agreement will be served upon the other party's authorized agent either personally or by mail at the addresses stated herein. 11. ENTIRE AGREEMENT The Agreement contains the entire agreement of the parties with respect to the subject matter herein and supersedes all oral agreements and negotiations between the parties, as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written, CITY OF GOLDEN VALLEY (the "City") MISSIONS INC./HOME FREE ("Provider") Thomas D. Burt, City Manager Patricia Murphy, Executive Director EXHIBIT A Services provided by the Provider (the "Services") A. Through the Domestic Assault Intervention Project, the Provider will facilitate collaboration among law enforcement, criminal justice and social service agencies - most frequently but not limited to Chestnut and Cambronne and the Golden Valley Police Department. This facilitation should involve regular contact between the domestic abuse advocate and the victim in order to not only advise the victim of the victim's rights throughout the process, but also to ensure that the prosecutor has continuing contact with the victim and cooperation from the victim, in order to be successful in the prosecution of a domestic abuse case. B. The Provider will pravide information and referrals, legal advocacy, systems advocacy and other support services to victims of domestic violence. The domestic abuse advocate will assist in coordinating the actual trial, and if necessary pre-trial, appearances of the victim in court, and provide aid and comfort to the victim in the courtroom. When applicable and possible, the domestic abuse advocate will assist in discovering or producing additional victim witness information or evidence to assist in the prosecution process. C. The Provider will provide battered women and their children with safety, advocacy, support and information to help them explore alternatives to living with a violent partner. D. The provider will help eliminate the roots of violence by respecting human diversity, by assisting women in taking control of their lives, and by developing effective community responses to the needs of battered women and their children. E. The provider will provide guaranteed shelter space to residents of the City. F. The Provider will assist women in obtaining legal remedies, housing, financial resources and medical care. G. The provider will provide transportation for women to appointments as needed. H. The Provider will offer education/support groups and social and cecreational opportunities. I. The Provider will facilitate placement of children in local schools, work with children individually and in groups to assist them in developing age-appropriate knowledge and skills related to domestic violence issues. J. The Provider will provide childcare to children when their mothers attend meetings or appointments. K. The Provider will arrange for its staff or volunteers to speak about domestic violence issues and distribute information at community events, schools and at placed of work and worship. Through such community education, the Provider seeks to increase awareness, knowledge and understanding of domestic violence. C�0 Park and Recreation O ° �� , e 763-512-2342/763-512-2344(fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. H. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in the Park Series Prepared By Rick Jacobson, Director of Parks and Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. The Golden Valley Federated Women's Club has donated $800 for the Concerts in the Park Series. Attachments Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in the Park Series (1 page) Recommended Action Motion to adopt Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in the Park Series. Resolution 11-35 July 5, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION FROM GOLDEN VALLEY FEDERATED WOMEN'S CLUB FOR CONCERTS IN THE PARK SERIES WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: $800 from Golden Valley Federated Women's Club for Concert in the Park Series 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. �� p � � � - ,� Planning 0 '', �� , e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. I. Approval of Six Month Extension for Filing of Plat for Raley Addition Prepared By Mark Grimes, Director of Planning and Development Summary David Raley, owner of the properties located at 5360 and 5380 Lowry Terrace, has requested to extend his final plat approval for the minor subdivision of his properties to January 14, 2012. On January 14, 2011 the City Council approved the preliminary plat approval to move the property line between the finro properties 9 feet to the east. Per City Code, the final plat must be approved within 180 days of preliminary plat approval. An extension to this timeframe would give Mr. Raley additional time to allow the County to review his final plat. Attachment Location Map (1 page) Letter from David Raley, dated June 27, 2011 (1 page) Recommended Action Motion to approve an extension until January 14, 2012 to submit the final plat for the properties located at 5360 and 5380 Lowry Terrace. � � � O , '; � �ns ` � �zs � sss� � O \` $� �w �ou �� aso� s� a�s . �, 3�to av�ns . . � �ass sssg � �so O � , � �C �aas �w �zss : u � � � � z gZ�(i �61 � + � 9Z4; i �i Subject Properties � � � � �I � � � � � � szu suv �s •ssso, ssao � s� st� � saza sus s� _ LaIAtRY TPR _ s � 532.5 33�s i , ; ! C9°dS�f��a'�d'� 9�60 bgAp � � a° ! 53�! �� ~ � P �� j�, � B35t1 /�� / 0 1 � L�� ' TRITt]W�R �re b� ! � � � 3D94 i ' � � � ' ' �155 7�a �� " 3DG5 � `'� f , � 4 � ;3 t � � � � � � � '�ta�rmada�:�A�c�+dS "m- C!_6314.'�S."f!]5 3855 � �� S9D83 � �O " r�. ' � -� 7-�� , � � � �� :�� r �,��, . �� 0,��. �, ; ,. } . �� >>° '� '� � � �� Planning � °': �� a, � 763-593-8095 l 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. J. Approval of One Year Extension for Filing of Plat for Lots 11 & 12, Block 3, Glen Urban 2nd Addition (Janalyn Circle and Glencrest Road) Prepared By Mark Grimes, Director of Planning and Development Summary Rocky DiGiacomo, applicant, has requested a fourth extension for final plat approval for the minor subdivision of the Lots 11 & 12, Block 3, Glenurban 2nd Addition to July 13, 2012. The parties involved still intend to subdivide the property however market conditions have affected the sale of the properties. On July 15, 2008, the City Council approved the preliminary plat to allow splitting Lots 11 & 12, Block 3, Glenurban 2nd Addition into 3 new lots. Per City Code, the final plat must be approved within 180 days of preliminary plat approval. An extension to this timeframe would allow the applicant and property owners to move forward with this project. Attachment Location Map (1 page) Email from Rocky DiGiacomo, dated July 2, 2010 (1 page) Recommended Action Motion to approve an extension until July 13, 2012 to submit the final plat for Lots 11 & 12, Block 3, Glenurban 2nd Addition. � m � auo s � � svo ia � � 45�1 i � � � 4� 4259 �,' j � 12 ,., �� t..,.I'�.J � Q E _ _.. .. _. .. . ._ . ._�_ ._ ._ ._. _. .�.. ._ .�_ __. _ � . . ti1.F[+R�DAVE � .. .. � � �15 � � t3 � d� 4333 4S13 �g qgpf � 4?S3 4t38 �g � � r00 lOS 104 � 236 �' 228 ZZ4 lY8 � � � � � � 716 21.2 S48 � ' . _ .... - '_ 2D! Subject Properties � ' ,� ' � � y ' � � � � � � � � j � I � � � � 4ffi40 4520 45Y� � � �9 � `'f� �g 4�08 319 T 3800 42Z4 42YZ 41f8 4208 � 41� YYESjW'Qpp 'Wl '� �++ GLEPttRE�T RD 381 4541 ,� 4511 � 409 4U8 �1 s� axu a�i auffi awi 417 sfls <5�! 45f0 �g q1g 511 g� � S� S35 b4i , 509 453b � � , ..... .. _. _.. ._. .. .. ]AMkLYl�) ST�WBERRY W- . �_.. .. _ .. 517 g� � 817 � as:a asos � 5�B s2a saa s3z s� �u 601 � � � mo �fl��tt q sai �tarth�'yrof Pack � sbre b�y� � � ; M,00�.�,a�r:,as�bs caa�„grn*,criat�,msa'� �, � June 22nd 2011 City of Golden Valley Planning Dep�. Hi Lisa, Could you please ask the council to renew the Janalyn Cr. plat e�ctension for another year. Enclosed is the e�rtension fee of$125. Thanks, Rocky DiGiacomo DiGiacomo Homes 11655 Ridgemount Ave W Mtka MN 55305 � ' � � �` v. , o �, �y�� e Public Works - 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 3. K. Pedestrian Signal Improvements at State-Owned Traffic Signals Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE Summary The 2011-2015 Capital Improvement Program allocates $45,000 in both 2011 and 2012 (S-016, page 90) for upgrading of the pedestrian signals at signalized intersections in Golden Valley. These upgrades include the installation of pedestrian countdown indications and push buttons that beep when activated to provide improved accessibility for visually impaired pedestrians. City staff has identified 16 intersections where the pedestrian signal improvements have not been completed in Golden Valley. Through a partnership with the Minnesota Department of Transportation, 12 of these intersections can be upgraded at a substantial cost savings. It should also be noted that Hennepin County has installed countdown indications at a number of intersections on county highways in Golden Valley; however, the push buttons were not upgraded. At some point in the future, the City will revisit the push buttons and see if an arrangement for the upgrades can be implemented. Additionally, some af the signals along Douglas Drive have not been upgraded, but are planned to be as part of the Douglas Drive reconstruction project. Benefits of Countdown Siqnals Countdown pedestrian signals have been shown to be a safer and more understandable method of providing pedestrians information about the time available to cross at signalized intersections. The push buttons that provide a response when activated help to increase pedestrian compliance with pedestrians obeying the walk or don't walk indications. The countdown signals were identified as part of the recommended pedestrian improvements by the City's Sidewalk Committee and were included in the transportation element of the Comprehensive Plan. Cost Saving Efforts Since many of the signals that remain to be upgraded in Golden Valley are owned by Mn/DOT, Mn/DOT was contacted to see if a mutually beneficial arrangement could be reached. Through this outreach effort, an arrangement was identified through which Golden Valley would purchase all of the required equipment and Mn/DOT staff would install it at their cost. It is estimated that Mn/DOT's contribution to this project results in the City saving at least 50% (approximately $36,000) of what could have been the project cost. Because Mn/DOT staff will be installing the equipment, no permits, construction plans or record plans will be required to be provided by Golden Valley. In the past, Golden Valley has used a consultant to prepare the construction plans, manage the project construction, and provide the final paperwork to Mn/DOT. The cost savings from project administration is estimated to be around $11,000. Through partnering with Mn/DOT, the City will save approximately $47,000. This partnership is a unique arrangement and it is in the City's best interest to move forward with upgrading all the pedestrian indications and push buttons at state-owned signals under one purchase order. Ci Cost Golden Valley will be purchasing the needed equipment from Mn/DOT for an estimated cost af up to $35,659.82, plus tax ($7,059.84 for push buttons and up to $28,599.98 for the countdown indications). The estimated cost is based on the installation of new push buttons and countdown indications with new housings. Some of the existing pedestrian indications may not require new housings which may save the City $141.34 per housing that is not replaced. Attached to this memo is the Mn/DOT proposal. Completin, the Upgrades Hennepin County has been contacted to see if a similar arrangement can be reached by which they would install the upgraded push buttons at signals that already have the countdown indications. Based on quote prices for the push buttons, it may be possible for all the push buttons to be upgraded for less than the remaining $9,340.18 in the 2011 CIP budget. Once the signals owned by Hennepin County and Mn/DOT are upgraded, there will only be four remaining intersections that will need new equipment. In conversations with Mn/DOT, there may be an opportunity to again purchase the materials through Mn/DOT and have Mn/DOT staff install the equipment. However, since the signals are owned by Golden Valley, the City would reimburse Mn/DOT for both materials and equipment. If an arrangement cannot be reached, a private contractor will be used to complete the work. Either way, this work is scheduled to take place in 2012. Attachments Memorandum from Mike Gerbensky, Mn/DOT, dated June 22, 2011 (3 pages} Recommended Action Motion to authorize purchase of the pedestrian signal equipment, estimated cost up to $35,659.82 plus tax, to be installed by the Minnesota Department of Transportation at 12 intersections in Golden Valley. � Minnesota Departrnent of Transportation �� .� `�"�� Metropolitan District T'raffic Engineering Mike Gerbensky Phone#: (651)234-7816 Waters Edge Building, 2"d Floor South Fax#: (651)234-7850 1500 West County Road B-2 Roseville, Minnesota 55113-3105 . Page 1 of 3 Date: June 22,2011 To: 1Vlark Ray �E.I.T. � City of Golden Valley 7800 Golden Valley Road � Golden Valley,MN 55427 763-593-8030(Office) � 763-593-3988 (Fa�c) �763-593-3968 (TTI� � mray_(7�oldenvallevrnn.�ov From: 1Vlike Gerbensky,Mn�DOT Metro SignaULighting Design Engineer Subject: State of Minnesota and City of Golden Valley State Furiushed Materials for Traffic Control Signal Systems Dear Mr.Ray, As part of upgrading the pedestrian crossing indications at the traffic control signal intersections listed below,pedestrian countdown indications and solid state pushbuttons(State Fumished Materials)have been requested by the City of Golden Valley. These State Furnished Materials will a11 be at the cost and expense of the City of Golden Valley. The materials can be purchased through the MnlDOT Central Electrical Services Unit(CESL�. Push Control Location Countddw�n Timers Buttons Section Xenia Avenue S at Go]den Hills Drive g g 2789 Xenia Avemie at WB I-394 orth 0 7 2�89 Louisiana Avenue at WB I-394(North Ramp) 4 4 2789 Hwy 169 and Plymouth Road(East Ramp) 4 4 2��2 Hwy 169 and Betty Crocker(East Ramp) 4 4 27�2 Hay 55 and Boone Avenue 6 q 2723 Hwy 55 and Glenwood Avenue 6 3 2723 Hwy 55 and M�dow Lane 10 4 2�23 Hwy 55 and Schaper Road g 2 2723 Hwy 55 and Winnetka Avenue 6 2 2723 EB I-394 and Genera]Mills Blvd(South Ramp) q q 2789 WB I-394 and General Mills Blvd(North Ramp) 2 2 2'1g9 General Mills Blvd and Betty Crocker Dr(City) Z 2 2�g9 Louisiana Ave and Market(City) g g 2�g9 Boone Avenue and Golden Valley Rd(City) g g 2789 Boone Avenue and l Oth Avenue(City) g g 2789 Total gg 74 Page 2 of 3 The following is a breakdown of the State Furnished Materials: BulldoF Pushbutton(Model BDLM2 BI Base Price.................... 100.80 ea.. Material Handling Charge 22.1% X $100.80= 22.28 ea. Subtotal $1(}0.80+$22.28=$123.08 ea. Maintenance/Billing Overhead Charge 19.5% X $123.08= 24.00 ea. Base Price $100.80 Material Handling Charge $2228 MaintenanceBilli.ng Overhead Charge $24.00 TotalCost per Unit.............................................................. 147.08 e� Countdown Pedestrian Ti�mers (w�thout housin� Base Price.................... 219.28 ea Material Haudling Charge 22.1% X $219.28= 48.46 ea.. � Subtotal $219.28+$48.46=$267.74 ea. Maintenance/Billing Overhead Chazge 19.5% X $267.74= 52.21 ea. Base Price $219.28 Material Handling Charge $48.46 Maintenance/Billing Overhead Chazge $52.21 � Total Cost per Unit.............................................................. 3I9.95 erc Page 3 of 3 Countdown Pedestrian Timers (with housi�� Base Price.................... 316.15 ea. Material IIandling Chaxge 22.1% X $316.15= 69.87 ea, 5�� $316.15 +$69.87=$386.02 ea. MaintenanceBilling Overhead C}�arge 19.5% X $386.02= 75.27 ea. Base Price $316.15 Material Handling Charge $69.87 MaintenanceBilli.ng Overhe,ad Charge $75.27 Tota1 Cost per Unit................................................................ 461.29 ea. Please indicate Golden Va11ey's agreement to purchase the listed State Fumished Materials by sending a letter to me,signed by a designated City Official. A purchase order(P.O.)must be issued by the City listing the vendor as the Sta.te of Minnesota— Department of Transportation. The P.O.should be mailed to: Mike Gerbensky,Metro Traffic Signal D�sign Metropolitan District Traffic Engineering Water�Edge Building,2Ad Floor South 1500 West County Road B-2 Roseville,Minnesota.55113-3105 The billing will be invoiced using the City of Golden Va11ey's Account No. TA98430 on file with the State Finance Department. � If there are any questions,feel free to contact me(at the nwnber listed above)or Al Espinoza @ (651)2347812 Sincerely, �� /�p � ;�,�/f Mike Gerb ky,Mn�DOT Metro SignaULighting Design Engineer. Metropolitan District Tr�ic Engineering CC: Steve Misgen,WE* Maryanne Kelly-Sonnek, CO�` James Deaas, CESU�` Ed Andra.jack,WE* Johtt Griffith,WE* Maryann Frasczack,CO�` April Crockett,WE* Bonnie Peetsch,CO* Scott Pedersen,WE* Linda Heath,MESU* Ryan Coddington, WE* Jane Marah, CO'� District File,Control Sections#2723,2772,and 2789 *=Electronic Copy .G'� ��i .W� � � o � �e�� e � P � P�b�� Safety Police Department � 763-593-8079/763-593-8098 (fax) � Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 4. A. Public Hearing - Precious Metal Dealer License Renewal - Jewelry Manufacturer's Exchange, Inc. Prepared By Stacy A. Altonen, Chief of Police Jim Roberts, Sergeant Summary Jewelry Manufacturer's Exchange, Inc. has submitted a renewal application for a Precious Metal Dealer License. Jewelry Manufacturer's Exchange, Inc. is located at 678 Winnetka Avenue North. Documents received from the applicant show that the Jewelry Manufacturer's Exchange Inc. is a Domestic For Profit Corporation Incorporated in the state of Texas and did obtain a Certificate of Authority to Transact Business from the Secretary of State of Minnesota. An investigation was conducted by the Police Department reference this application. This investigation included checks with the City of Golden Valley Finance Department, the Department of Public Safety. The results from the background check will be Tuesday. Recommended Action Motion to approve the Precious Metal Dealer License for Jewelry Manufacturer's Exchange, Inc. located at 678 Winnetka Avenue North, pending results of background check. C� o- � Q �'� �, e Fire Department 763-593-8079/763-593-8098 (fax) ,; ��,� Executive Summary for Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 4. B. Public Hearing - First Consideration - Ordinance #462 - Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary At the May CounciUManager meeting, Staff presented the Model Tobacco Ordinance developed by the League of Minnesota Cities and the Public Health Law Center. The Model Ordinance is in response to the Tobacco modernization and Compliance Act of 2010. The new law includes modifying the definition of tobacco to include any tobacco product that can be ingested, prohibits selling tobacco products, rolling papers and pipes in open displays and prohibits minors from purchasing rolling papers. At that meeting the Council directed staff to further research the administrative fees. The proposed ordinance reflects revisions to Subdivision 13B Administrative Civil Penalties: Licensee. Attachment Underlined/Overscored Version, Section 6.34: Tobacco (10 pages) Ordinance #462, Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco (9 pages) § 6.34 Section 6.34: Tobacco Subdivision 1. Purpose and Intent. Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the city hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the officfal public policy of the state in regard to preventing young people from starting to smoke as stated in Minnesota Statutes § 144.391, as it may be amended from time to time. In making these �ndings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study "Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medical professionals in these medical journals: Khuder SA, et al., "Age at Smoking Onset and its EfFect on Smoking Cessation," Addictive Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et al., "Age at Starting Smoking and Number of Cigarettes Smoked,"Anna/s of Epidemio/ogy 4(6):455-59, November 1994; Chen, J & Millar, W7, °Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., `"Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students," Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. Subdivision 2. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. Compliance Checks. The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance Checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and Go/den Valley City Code Page 1 of 9 � 6.34 federal laws. Compliance Checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. 6. Individualiy Packaged. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snufF or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. C. Indoor Area. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent (50%) of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. D. Loosies. The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term "loosies" does not include individual cigars with a retail price, before any sales taxes, of more than two dollars ($2.00) per cigar. E. Minor. Any natural person who has not yet reached the age of eighteen (18) years. F. Nloveable Place of Business. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. G. Nicotine or Lobelia Delivery Devices. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this Section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. H. Retail Establishment. Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or Iobelia delivery devlces are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. I. Sale. Any transfer of goods for money, trade, barter or other consideration, Go/den Valley City Code Page 2 of 9 § 6.34 J. Self-Service Merchandising. Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or Inicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self- service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. K. Smoking. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. L. Tobacco or Tobacco Products. Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, snifFed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snufF; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. M. Tobacco-Related Devices. Tobacco-related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. N. Vending Machine. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Subdivision 3. License. A. License Required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. Go/den Valley City Code Page 3 of 9 § 6.34 B. Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or Iobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. C. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. D. Term. All licenses issued under this Section shalt be valid for one (1) calendar year from the date of issue. E. Revocation or Suspension. Any license issued under this Section may be revoked or suspended as provided in Subdivision 13. F. Transfers. All licenses issued under this Section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. G. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this Section. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. I. Renewals. The renewal of a license issued under this Section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. J. Issuance as Privilege and Not a Right. The issuance of a license issued under this Section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Go/den Valley City Code Page 4 of 9 § 6.34 K. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Subdivision 4. Fees. No license shall be issued under this Section until the appropriate license fee shall be paid in full. The fee for a license under this Section shall be established by the City Council and adopted by ordinance, and may be amended from time to time. Subdivision 5. Basis for Denial of License. A. Grounds for denying the issuance or renewal of a license under this Section include but are not limited to the following: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. 3. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding twelve (12) months of the date of application. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. B. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. C. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. Subdivision 6. Prohibited Sales. It shall be a violation of this Section for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: A. To any person under the age of eighteen (18) years. Be By means of any type of Vending Machine. Go/den Valley City Code Page 5 of 9 � 6.34 C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. D. By means of Loosies as defined in Subdivision 2. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. F. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subdivision 7. Self-Service Sales. It shall be unlawful for a licensee under this Section to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices at the time this Section is adopted shall comply with this Section within ninety (90) days following the effective date of this Section. Subdivision 8. Responsibility. All licensees under this Section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this Section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Section, state or federal law, or other applicable law or regulation. Go/den Val/ey City Code Page 6 of 9 � 6.34 Subdivision 9. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. Subdivision 10. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this Section: A. Illegal Sales. It shall be a violation of this Section for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. B. Illegal Possession. It shall be a violation of this Section for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (B) shall not apply to minors lawfully involved in a compliance check. C. Illegal Use. It shall be a violation of this Section for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device D. Illegal Procurement. It shall be a violation of this Section for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotlne or lobelia delivery device, and it shall be a violation of this Section for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (D) shall not apply to minors lawfully involved in a compliance check. E. Use of False Identification. It shall be a violation of this Section for any minor to attempt to disguise his or her true age by the use of a false form of Golden Valley City Code Page 7 of 9 § 6.34 identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subdivision 11. Exceptions and Defenses. Nothing in this Section shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Section for a person to have reasonably relied on proof of age as described by state law. Subdivision 12. Severability. If any Section or provision of this ordinance is held invalid, such invalidity shall not afFect other Sections or provisions which can be given force and effect without the invalidated Section or provision. Subdivision 13. Violations and Penalty. A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Section the person shall be charged an administrative penalty: 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). B. Administrative Civif Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be �� charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed e�te five hundred dollars (�500�. In addition, after the first violation, the license shall be suspended for not less than five �5) consecutive days. 2. Second violation within }:�:_=.:�= �'_-'_; twenty-four �24) months. The Council shall impose a civil fine not to exceed seven hundred fifty dollars �750). In addition, after the second violation, the license shall be suspended for not less than fifteen (15 consecutive days• 3. Third violation within twenty-four (24) months.The Council shall impose a civil fine not to exceed one Golden Valley City Code Page 8 of 9 § 6.34 thousand-dollars ��1,000� In addition, after the third offense, the license shall be suspended for not less than s�e�tefl-��} thirty (30�, consecutive days. 4. Fourth violation within twenty-four 24�months. After the fourth violation the license shall be revoked for at least one (�year. C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee or person has received; notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council or a person authorized by the City to conduct the hearing. A notice that a violation has occurred must be in writing and must provide that a right to a hearing must be requested within ten (10) business days of receipt of the notice or it shall terminate. D. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. E. Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statutes section 340A.503. F. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subd. 12. Subdivision 14. Violation a Misdemeanor. Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Go/den Valley City Code Page 9 of 9 ORDINANCE NO. 462, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Repealing in its Entirety Section 6:34: Tobacco and Adding a New Section 6:34: Tobacco The City Council of the City of Golden Valley ordains as follows: Section 1. City Code, Chapter 6, Section 6:34 entitled "Tobacco" is hereby repealed in its entirety. Section 2. City Code, Chapter 6, Section 6:34 is hereby amended by adding a new Section 6:34, entitled "Tobacco", reading as follows: Section 6.34: Tobacco Subdivision 1. Purpose and Intent Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious efFects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minnesota Statutes § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study '�Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997," and of the following medicat professionals in these medical journals: Khuder SA, et al., "Age at Smoking Onset and its EfFect on Smoking Cessation," Addictive Behavior 24(5):673-7, September-October 1999; D'Avanzo B, et al., ��Age at Starting Smoking and Number of Cigarettes Smoked,"Anna/s of Epidemio/ogy 4(6):455-59, November 1994; Chen, J & Millar, WJ, `�Age of Smoking Initiation: Implications for Quitting," Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., "Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students," Prevenfive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. Subdivision 2. Definitions Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. Compliance Checks: The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance Checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance Checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. B. Individually Packaged: The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. C. Indoor Area: All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than fifty percent (50%) of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. D. Loosies: The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term ��loosies" does not include individual cigars with a retail price, before any sales taxes, of more than two dollars ($2.00) per cigar. E. Minor: Any natural person who has not yet reached the age of eighteen (18) years. F. Moveable Place of Business: Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. G. Nicotine or Lobelia Delivery Devices: Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this Section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. H. Retail Establishment: Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. I. Sale: Any transfer of goods for money, trade, barter or other consideration. J. Self-5ervice Merchandising: Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self- service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. K. Smoking: Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. L. Tobacco or Tobacco Products: Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refiuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. M. Tobacco-Related Devices: Tobacco-related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. N. Vending Machine: Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. Subdivision 3. License A. License Required. No person shall sell or ofFer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. B. Application. An application for a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. C. Actiory. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. D. Term. All licenses issued under this Section shall be valid for one (1) calendar year from the date of issue. E. Revocation or Suspension. Any license issued under this Section may be revoked or suspended as provided in Subdivision 13. F. Transfers. All licenses issued under this Section shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. G. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this Section. H. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. I. Renewals. The renewal of a license issued under this Section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. J. Issuance as Privilege and Not a Right. The issuance of a license issued under this Section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. K. Smoking. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Subdivision 4. Fees No license shall be issued under this Section until the appropriate license fee shall be paid in full. The fee for a license under this Section shall be established by the City Council and adopted by ordinance, and may be amended from time to time. Subdivision 5. Basis for Denial of License A. Grounds for denying the issuance or renewal of a license under this Section include but are not limited to the following: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. 3. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding twelve (12) months of the date of application. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. B. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. C. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. Subdivision 6. Prohibited Sales It shall be a violation of this Section for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: A. To any person under the age of eighteen (18) years. B. By means of any type of Vending Machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. D. By means of Loosies as defined in Subdivision 2. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. F. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subdivision 7. Self-Service Sales It shall be unlawful for a licensee under this Section to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices at the time this Section is adopted shall comply with this Section within ninety (90) days following the effective date of this Section. Subdivision 8. Responsibility All licensees under this Section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this Section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Section, state or federal law, or other applicable law or regulation. Subdivision 9. Compliance Checks and Inspections All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. Subdivision 10. Other Illegal Acts Unless otherwise provided, the following acts shall be a violation of this Section: A. Illegal Sales. It shall be a violation of this Section for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. B. Illegal Possession. It shall be a violation of this Section for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (B) shall not apply to minors lawfully involved in a compliance check. C. Illegal Use. It shall be a violation of this Section for any minor to smoke, chew, snifF or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device D. Illegal Procurement. It shall be a violation of this Section for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Section for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This paragraph (D) shall not apply to minors lawfully involved in a compliance check. E. Use of False Identification. It shall be a violation of this Section for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subdivision 11. Exceptions and Defenses Nothing in this Section shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Section for a person to have reasonably relied on proof of age as described by state law. Subdivision 12. Severability If any Section or provision of this ordinance is held invalid, such invalidity shall not affect other Sections or provisions which can be given force and effect without the invalidated Section or provision. 5ubdivision 13. Violations and Penalty A. Administrative Civil Penalties: Individuals. If a person who is not a licensee is found to have violated this Section the person shall be charged an administrative penalty: 1. First violation. The Council shall impose a civil fine not to exceed fifty dollars ($50). 2. Second violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred dollars ($100). 3. Third violation within twelve (12) months. The Council shall impose a civil fine not to exceed one hundred fifty dollars ($150). B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have violated this Section the licensee shall be stt�ee� charged an administrative penalty as follows: 1. First violation. The Council shall impose a civil fine not to exceed five hundred dollars ($500). In addition, after the first viofation, the license shall be suspended for not less than five (5) consecutive days. 2. Second violation within twenty-four (24) months. The Council shall impose a civil fine not to exceed seven hundred fifty dollars ($750). In addition, after the second violation, the license shall be suspended for not less than fifteen (15) consecutive days. 3. Third violatian within twenty-four (24) months. The Council shall impose a civil �ne not to exceed one thousand-dollars ($1,000). In addition, after the third ofFense, the license shall be suspended for not less than thirty (30) consecutive days. 4. Fourth violation within twenty-four (24) manths. After the fourth violation the license shall be revoked for at least one (1) year_ C. Administrative Penalty Procedures. No suspension or penalty may take effect until the licensee or person has received, notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council or a person authorized by the City to conduct the hearing. A notice that a violation has occurred must be in writing and must provide that a right to a hearing must be requested within ten (10) business days of receipt of the notice or it shall terminate. D. Misdemeanor Prosecution. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. E. Defense. It is a defense to the charge of selling tobacco or tobacco-related devices to a person under the age of eighteen (18) years, that the licensee or individual, in making the sale, reasonably and in good faith relied upon representation of proof of age described in Minnesota Statutes section 340A.503. F. Exceptions. An Indian may furnish tobacco to an Indian under the age of eighteen (18) years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph an Indian is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subd. 12. Subdivision 14. Violation a Misdemeanor Every person who violates a section, subdivision, paragraph or provision of this Section, when such person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor or gross misdemeanor and may also be subject to administrative penalties as otherwise stated in specific provisions hereof. Section 3. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whale, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 6, Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this 19th day of July, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk a�`�' ; � Planning O ` " �/� a, e 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 Agenda Item 4. C. Continued Public Hearing - Ordinance #460 - Second Consideration - Interim Ordinance Imposing a Twelve Month Moratorium - Portion of Douglas Drive Corridor- Block 1 and 2, Expressway International Park and Approve Summary Publication Prepared By Joe Hogeboom, City Planner Summary In June, 2010, the City adopted an Interim Ordinance which placed a one-year moratorium on development within the area located at the northeast intersection of Trunk Highway 55 and Douglas Drive. The Douglas Drive Corridor Study identified this area to be suitable for the development of a corporate campus. During the moratorium, staff examined ways in which to accommodate a corporate campus setting on the moratorium area site. Staff seeks to extend reestablish a moratorium on the site by for an additional twelve months to allow further study and analysis of the area. Staff anticipates concluding the study in advance of the full twelve months. The anticipated outcome of the study will be the recommendation of a new mixed-use zoning district that emphasizes corporate campus development. Because of timing issues, staff recommended that the Council adopt Ordinance #460 on First Consideration, suspend the rules so no Second Consideration was necessary and approve the summary publication. However, due to the absence of one of the Council Members, the Council desired to hear the Second Consideration of the Ordinance at a separate meeting. Attachments Ordinance #460, Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota (7 pages) Summary of Ordinance #460, Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota (2 pages) Recommended Action Motion to adopt on Second Consideration, Ordinance #460, Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota. Motion to approve publication of the Summary Ordinance. ORDINANCE NO. 460, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE An Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota. The City Council for the City of Golden Valley hereby ordains as follows: Section 1. Preamble. 1.01. The staff for the City of Golden Valley, and the City's Housing and Redevelopment Authority, Planning Commission and Golden Valley City Council, have had ongoing discussions regarding the development of the Douglas Drive Corridor which area is depicted in "Exhibit A" attached. 1.02. In June, 2010, the City adopted an Interim Ordinance, No. 440, 2nd Series, which placed a one-year moratorium on development within the Moratorium Area (defined below). The Douglas Drive Corridor Study identified this area to be suitable for the development of a corporate campus. During the moratorium, staff has been examining ways in which to accommodate a corporate campus setting on the Moratorium Area site, however the studies and proposals for the Moratorium Area are not yet complete. 1.03. Staff for the City of Golden Valley, the City's Housing and Redevelopment Authority, Planning Commission and the Golden Valley City Council sought to extend the moratorium on the Moratorium Area to the earlier of(i) December 11, 2011, or (ii) that date which is 120 days following the receipt of the final approval or review by any applicable federal, state or metropolitan agency when such approval is required by law to allow further study and analysis of the Moratorium Area. However, due to a deficiency of notice, proper notice was not given to extend the Interim Ordinance and Interim Ordinance No. 440, 2nd Series expired. 1.04. But to protect the planning process and preserve the welfare of the city of Golden Valley, the City Council finds it necessary to again enact an interim moratorium on certain zoning, planning and development in Expressway International Park Blocks 1 and 2 (the "Moratorium Area"), as legally described and depicted in "Exhibit 6". 1.05. The City Council notes it has adopted a preliminary study relating to the Douglas Drive Corridor. The preliminary study was published in draft form on November 9, 2009, adopted by the City Council and is pending approval by the Metropolitan Council to be incorporated into Golden Valley's Comprehensive Plan (the ``Preliminary Study"). 1.06. The City Council finds it necessary to further study the existing conditions of the Douglas Drive Corridor including without limitation the Douglas Drive and Highway 55 intersection, and immediately adjacent areas to the northeast, to determine the impact of comprehensive zoning changes to the development of the City within the Douglas Drive Corridor (the "Study"). 1.07. The City Council finds the Study necessary to: (i) develop and adopt policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) develop and adopt zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to Zane Avenue. 1.08. The City Council acknowledges that it must enact this new Ordinance to extend the protections of Interim Ordinance No. 440 but agrees in this Ordinance to make the new Ordinance effective only for the time period that an extension would have been available had proper notice been given. 1.09. Therefore, in order to protect the planning process and preserve the welfare of the citizens of the City of Golden Valley, the City Council has determined it is necessary to place a moratorium, for the term set forth in this Ordinance, prohibiting: (i) the issuance of building permits that would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of, rezoning or subdivision of any land in the Moratorium Area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area where such development, rezoning, subdivision, conditional use permit or planned unit development would otherwise nullify the import and benefits of such Study until the Study is completed and considered by the City Council and all requisite notices and hearings are accomplished. Without this moratorium, while the Study is pending, people may take actions which are permitted under the present ordinance but would not be under new restrictions. To prevent this from happening and to protect the planning process, the City Council is adopting an interim moratorium as authorized by Minnesota Statutes Section 462.355, Subd. 4. 1.10. This interim moratorium must be adopted pursuant to Minnesota Statutes Section 462.355, Subd. 4 in order to be effective immediately. If the normal zoning ordinance process were used alone, a period of approximately sixty (60) days would elapse before the ordinance could become effective. During this significant time gap actions could be taken to prejudice the planning process. 1.11. The City Council has a substantial government interest in preserving the public peace, health, safety and welfare of the citizens of Golden Valley, and accordingly, the City Council finds that an interim ordinance is needed for the purpose of protecting the planning process and the public peace, health, safety and welfare of its citizens. Section 2. Background. 2.01. Based on the Preliminary Study results published in draft form on November 9, 2009, the City Council adopted the Preliminary Study, its findings and recommendations, and the Preliminary Study is pending approval by the Metropolitan Council for incorporation into Golden Valley's Comprehensive Plan. 2.02. Based on the City Council's adoption of the Preliminary Study, the City Council finds it necessary to: (i) develop and adopt policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) develop and adopt zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to Zane Avenue. 2.03. The City Council is concerned that the City's current zoning ordinance and related ordinances may be inadequate in scope and restrictions to accomplish the goals adopted in the Preliminary Study. 2.04. The City Council finds that City staff needs additional time to conduct further studies so that the City can adopt a set of comprehensive plans and land use zoning regulations, and optimal policies pertaining to the development goals in the Preliminary Study. Such a study will address the policy goals, land use and zoning issues raised by the Preliminary Study. 2.05. The City Council has directed that such further study be undertaken. 2.06. The City Council finds it necessary to enact this interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City by prohibiting: (i) the issuance of any building permits which would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within the Moratorium area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area, until such further study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 2.07. Minnesota Statutes, Section 462.355, subdivision 4, permits the adoption of interim ordinances which regulate, restrict or prohibit any use during the planning process. Section 3. Planning and Zoninq Study; Moratorium. 3.01. The City Council authorizes the Study to be conducted by City staff: (i) to develop policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) to develop zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to Zane Avenue The scope of the study should include, but is not limited to, the following: a. the particular permitted or conditional uses allowed in the area; b, the density and concentration of such uses; and c. the effect of such uses on other uses in the surrounding area. 3.02. Upon completion of the Study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.03. The City Council adopts this Interim Ordinance pursuant to, inter alia, Minnesota Statute § 462.355, subd. 4, imposing a rnoratorium for the term set forth in this Ordinance prohibiting: (i) the issuance of any building permits which would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within the Moratorium Area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area. During the term of the moratorium, no new or existing applications for building permits or approvals under Golden Valley Code, chapter 11 or chapter 12, shall be considered or granted which would result in: (i) development within the Moratorium Area that incorporates an increase in the footprint of any existing building in the Moratorium Area; (ii) any construction of new projects in the Moratorium Area; (iii) any rezoning or subdivision within the Moratorium Area, or (iv) any planned unit development or new conditional use in the Moratorium Area. Section 4. Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separabilitv. Every section, provision or part of this ordinance is declared separate from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 6. Duration. This interim ordinance shall be effective immediately upon adoption and shall terminate on the earlier to occur of: (i) that date which is twelve (12) months from the effective date of this ordinance; or (ii) that date which is 120 days following the receipt of the final approval or review by any applicable federal, state or metropolitan agency when such approval is required by law. Section 7. Penal . City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and 11.99 and 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein, Adopted by the City Council this 5th day of July, 2011. /s/Linda R. Loomis Linda R. 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E � ga �� a� �� d�� 8 . �� $ R a� '�� g �� a�$� �� ti�tg g ,� � ' �$ ��g f'� � �� a � � � � . �� g � $ � � �� ;, � j 4 �g � � Sx �g8 �� •�� q8 �'�8�� 9�� g�@ � ��9 ��q 8. i � ��L�� 8 � � �� gg� ��g �@��;9 �� g �$�� 4 p�� gp� ��g��ef� 0 8 � g ��•��J� �� ' � � � �g� � 18 �� 88� �� , �� E ��#�g�� "� _ � g� 8��g �� A g �S e. ��f 4� � �� . ' �U �,�i � ��p� 8g �f� �� g ' . �9$ t°a � 8 � p9.�p�9 �g � �� 9� �� g �. �! A 80�� 9 � � � �� g� g9 � 8 ��By� 3 8y � � g � � � � � � 59 � � � �C�� . � 06�,� �� i��$�� b�� s �a��P � tg�� g�� n �e � �� . g �9 �� ffig9�� ti�� g ��y �$�gg� ��8�•g�� a � � � 1 � '° � � � �� .�.� �� SUMMARY OF ORDINANCE NO. 460, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in Expressway International Park (Blocks 1 and 2) in the Douglas Drive Corridor, Golden Valley, Minnesota. This is a summary of the provisions of the above Ordinance which has been approved for publication by the City Council. Ordinance 460, imposes a twelve (12) month moratorium prohibiting: (i) the issuance of any building permits which would increase the footprint of any existing building in the Moratorium Area; (ii) the application for, and construction of, new projects in the Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within the Moratorium Area; and (iv) the application for, and approval of, a planned unit development or conditional use permit in the Moratorium Area. During this twelve (12) month moratorium period, no new or existing applications for building permits or approval under Golden Valley Code, Chapter 11 or Chapter 12, shall be considered or granted which would result in: (i) development within the Moratorium Area that incorporates an increase in the footprint of any existing building in the Moratorium Area; (ii) any construction of new projects in the Moratorium Area; (iii) any rezoning or subdivision within the Moratorium Area, or (iv) any planned unit development or new conditional use in the Moratorium Area pursuant to, inter alia, Minnesota Statute § 462.355, subd. 4. The Ordinance applies to Blocks 1 and 2, Expressway International Park, as identified in the attached map. The Moratorium is adopted to follow up on the Moratorium established by Ordinance No. 440, 2nd Series and the Douglas Drive Corridor Study adopted by the City Council and published in draft form on November 9, 2009, with the following purposes: (i) to develop policies to reinforce employment uses at the south end of the corridor, and provide common functions to serve all of the development, and (ii) to develop zoning and land use control changes that would enhance the Douglas Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway access to create parcels that are more developable, and create a better link to Zane Avenue. The scope of the study should include, but is not limited to, the following: a. the particular permitted or conditional uses allowed in the area; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. A violation of the ordinance may result in a misdemeanor, as provided in Sections 11.99 and 12.99 of the City Code. The moratorium is effective immediately upon adoption until 12 months following the date of publication. Adopted by the City Council this 5th day of July, 2011. Notice: A printed copy of the complete ordinance is available at City Hall. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virni� Susan M. Virnig, City Clerk O� �. �� Planning � 7°�� , � 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting July 5, 2011 "60 Days" Deadline: August 20, 2011 Agenda Item 4. D. Public Hearing -Approval of Conditional Permit#119 -Amendment#2 - 800 Boone Avenue North - DRAM Properties, LLC, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary Legacy Adult Daycare is proposing to amend their Conditional Use Permit by expanding the number of clients they serve at their existing location at 800 Boone Avenue North. The Planning Commission voted to recommend approval of this proposal at their June 13, 2011 meeting. The proposal was scheduled to be on the July 5, 2011 City Council agenda, however the applicant requires additional time to bring the property into compliance with the City's I/I requirements. Notice has been sent to property owners within 500 feet of 800 Boone Ave N, informing them of the continuance of this item. Recomtnended Action Motion to continue the public hearing for Approval of Conditional Permit#119, Amendment #2, 800 Boone Avenue North, DRAM Properties, LLC, Applicant, to the July 19, 2011 City Council meeting.