06-05-12 CC Agenda Packet (entire) AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
780Q Golden Valley Road
Council Chamber
June 5, 2012
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
B. Pledge of Allegiance
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are cansidered 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: Council/Manager Meeting - April 10, 2012 and City Council 3-14
Meeting - April 17, 2012
B. Approval of Check Registers:
1. City 15
2. Housing and Redeuelopment Authority 16
C. Licenses:
1. Solicitor's License - DSAI, Inc. d/b/a Grand Cleaners 17-19
D. Minutes of Boards and Commissions:
1. Environmental Commission - April 23, 2012 20-21
2. Human Services Fund - April 9, 2012 22
3. Board of Zoning Appeals - April 24, 2012 23-26
E. Bids and Quotes
1. 2012 Pavement Management Program - Harold Avenue and Rhode Island 27-29
Avenue North - Bids
F. Authorizing Joint Water Commission to Prepare Feasibility Study to Site and Drill 30-32
Wells including Coordination with City of Minneapolis 12-43
G. Receipt of DeCola Ponds Area Flood Mitigation Study 33-35
H. Authorization to Sign Agreement with SEH for Flag Avenue Drainage Study 36-41
I. Authorization to Sign 2012-2015 Residential Recycling Grant Application with 42-56
Hennepin County 12-44
J. Appointment of Deputy Registrar 12-45 57-58
K. Appointment of Absentee Ballot Board Election Judges for Primary Election 12-46 59-61
4. PUBLIC HEARINGS 7 PM
5. OLD BUSINES�
6. NEW BUSINESS
A. Set Dates for Human Rights Commission Task Force Interviews 62
B, On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt 63-64
Liquor License Renewals
C. Announcements of Meetings
D. Mayor and Council Communications
7. ADJOURNMENT
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Council/Manager Meeting Minutes
April 10, 2012
Present: Mayor Harris and Council Members, Clausen, Freiberg, Pentel and Scanlon, City
Manager Tom Burt, Police Chief Stacy Carlson, Chief of Fire and Inspections Mark
Kuhnly, Director of Public Works Jeannine Clancy, Engineer Mark Ray. Also present were,
City Attorney Allen Barnard, SEH Consulting Traffic Engineer Mike Kotila and
Administrative Assistant Lisa Wittman.
The meeting began at 7:35 pm in the Council Conference Room,
Human Rights Commission
Tom Burt stated that this item was placed on the agenda in order to have the Council
discuss the status of the Human Rights Commission and its possible reorganization.
Council Member Clausen said she would like to see a task force established consisting of
various members of the community in order to help figure out what direction residents
would like to see the Cauncil take regarding the Human Rights Commission.
The Council discussed having representation from several different community groups,
and the importance of giving the proposed task force a specific time frame and charge.
They would also like to review how Human Rights Commissions are organized in other
communities.
Burt said staff will work on defining the process and he will bring staff's ideas back to a
future Council/Manager meeting.
Allowing Chickens
Tom Burt stated that a number of residents have requested the City Council amend the
City Code to allow residents to keep chickens. He said that staff has some concern about
enforcement, but if the direction from City Council is to go forward with allowing residents
to keep chickens staff would come back to the Council with a draft ordinance.
Council Member Scanlon said she has spoken at length with the Humane Society and
Mary Britton from Chicken Run Rescue about her concerns including: how regulations
would be enforced, disposing of waste, requiring building permits for coops, heating and
cooling the coops, people not taking care of their chickens, odors and noise. She
suggested the issue be tabled until the Council has had time to do more research about
the pros and cons of allowing chickens.
After discussion, the Cauncil consensus was to have the Environmental Commission
study the issue further before a decision is made.
Breck School Traffic
Jeannine Clancy introduced SEH Consulting Traffic Engineer Mike Kotila to discuss the
traffic study process regarding Breck School traffic. Kotila explained that Breck is not
proposing to increase enrollment and that the traffic concerns expressed by the
neighborhood have been referred to the Neighborhood Traffic Safety Cammittee. He
Council/Manager Meeting Minutes
April 10, 2Q12— Page 2
referred to a PowerPoint presentation and explained the traffic study process, including:
data collection, evaluation, education, enforcement and potential road modifications.
After Council discussian, Clancy explained that after the Neighborhood Traffic Safety
Committee has had a chance to review the data this item will be brought back to the
Council for further discussion.
Envision Connection Project Executive Board
Tom Burt explained that the Envision Connection Project followed the completion of the
citizen-driven Envision process. He stated that staff is requesting that the Council review
the role and responsibility of the Board and give direction if the desire is to continue the
Connection Project.
The Council discussed how the Golden Valley Fund, the Golden Valley Foundation, the
Envision Connection Project and Bridge Builders fit together and thanked the Board for all
of their work. After discussion the Council Consensus was that it would be helpful to hear
a presentation from the Connection Project Executive Board about what they've done and
any proposed goals, needs or recommendations they have before the Council makes a
decision whether to go forward.
Use of City Resources for Community Events
Tom Burt stated that as the City enters budget discussions for 2013 he is asking Council
to review and prioritize the list of community events. He said he would like the Council to
decide to what extent the City should be involved, what resources should be used, what
fees should apply and what is the criteria to be identified as a City-sponsored event.
The Council discussed the need to prioritize community events, the current fees charged
for community events and if the City or the community should take mare of a leadership
role in community events. Burt noted that this item will continue as part of future budget
discussions.
Request Dispatch Services from Hennepin County Sheriff's Office
Stacy Garlson noted that the City is in the second year of the dispatch contract with the
Gity of Edina. She said she is laoking for direction from the Council whether the City
should continue its dispatch services with Edina or if staff should pursue receiving
dispatch services, with a patential cost savings, through the County.
The Council discussed the willingness and capacity of the County to potentially include
Golden Valley in their dispatching, the potential cost savings, and the service the City
would get from the County. After discussion the consensus was to move forward with the
request for dispatch services from the Gounty. Tom Burt said he would bring a resolution
for the request to the next regular City Council meeting.
DWI Forfeiture Administrative Fee
Stacy Carlsan stated that the City is not currently charging an administrative fee to couer
seizure, storage and forfeiture costs when returning a forFeited vehicle to a financial
institution with a valid security interest or lease as allowed by State Statute. She said she
Council/Manager Meeting Minutes
April 10, 2012 — Page 3
is looking for direction from Council to authorize staff to assess a $700 administrative fee
for DWI vehicle forfeitures. The Council consensus was to move forward with the process
of allowing the Police Department to assess the administrative fee.
Emergency Gommand Center Vehicle Agreement with City of St. Louis Park
Mark Kuhnly stated that St. Louis Park and Golden Valley are both proposing to amend an
existing agreement that changes the responsibility to St. Louis Park for providing housing,
insurance and maintenance on the emergency command center vehicle. The cost
distribution for both cities would remain the same (Golden Valley contributes 36% of all
vehicle costs and St. Louis Park contributes 64%).
The Council discussed how often the vehicle is used and if there might be an opportunity
to save money by using county vehicles instead. They also discussed the technolagy on
the vehicle becoming outdated and if safety would be campromised if the City didn't have
the vehicle.
After discussion, Kuhnly said he would talk to the City of St. Louis Park regarding getting
an estimate of what the vehicle is worth and if they might be interested in "buying out"
Golden Valley. He would then provide an update to the Council at a future
Cauncil/Manager meeting.
The meeting adjourned at 10:19 pm.
Lisa Wittman
Administrative Assistant
Regular Meeting
of the
City Council
April 17, 2012
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 April 17, 2012 at 6:30 pm.
The following members were present: Clausen, Freiberg, Harris, Pentel and Scanlon. Also
present were: Thomas Burt, City Manager; Jeannine Clancy, birector of Public Works;
Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant.
Pled,ge of Alleqiance
The Pledge of Allegiance was recited.
Presentation of Certificate of Recoqnition - National Teachers Hall of Fame Induction -
Scott Charlesworth-Seiler
Mayor Harris introduced the agenda item and presented a Certificate of Recognition to
Scott Charlesworth-Seiler as an inductee into the National Teachers Hall of Fame.
Approval of Aqenda
MOVED by Clausen, seconded by Scanlon and motion carried unanimously to approve the
agenda of April 17, 2012 as submitted.
Approval of Consent Aqenda
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the
agenda of April 17, 2012 as amended: Removal of Email from Daniel Blumb Regarding
Resignation from the Human Services Fund, Letter from Chris Monroe Regarding
Resignation from the Human Services Fund and Support far Minneapolis Park and
Recreation Board's Application for Hennepin County Environmental Response Fund Grant
*Approval of Minutes - Citv Council Meetinq - March 6, 2012
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve the
City Council Meeting minutes of March 6, 2012 as submitted.
*Approval of Check Reqister
MOVED by Freiberg, seconded by Clausen and motion carried unanimously ta authorize
the payment of the City bills as submitted. •
Regular Meeting of the City Council
April 17, 2012
Page 2
*General Business Licenses
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to authorize
the payment af the bills as submitted.
*Gamblinq License Exemption and Waiver of Notice Requirement - Lube-Tech/MnUSA
Reqion 8, Inc.
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for Lube-
Tech/MnUSA.
*Minutes of Boards and Commissions
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - March 15, 2012
Joint Water Commission - February 8, 2012
*Asphalt Overlav - Bids
MOVED by Freiberg, seconded by Clausen and mation carried unanimously to award the
bid for asphalt overlay (base bid and alternate bid 1 and 2) to the lowest responsible
bidder, GMH Asphalt Corp. for $484,285.02. The bids are as follows:
GMH Asphalt Corp. $484,285.02
Northwest Asphalt, Inc. $517,977,10
North Valley, Inc. $518,230.81
Hardrives, Inc. $525,23$.12
Bituminous Roadways, Inc. $615,815.80
*Sealcoat - Bids
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to award
the bid for sealcoating to the lowest responsible bidder, Allied Blacktop Company for
$96,894.66. The bids are as follows:
Allied Blacktop Company $96,894.66
Pearson Brothers, Inc. $99,100.89
Regular Meeting of the City Council
April 17, 2012
Page 3
Email from Daniel Blumb Reqardinq Resiqnation from the Human Services Fund
Council Members Clausen and Scanlon expressed appreciation for his service to the
community.
MOVED by Clausen, seconded by Scanlon and motion carried unanimously to receive and
file the email from Daniel Blumb, dated April 4, 2012, regarding resignation from the
Human Services Fund; and request the Mayor send him a letter of appreciation in
recognition for his service to the community.
Letter from Chris Monroe Reqardinq Resiqnation from the Human Services Fund
Council Members Clausen and Scanlon expressed appreciation for her service ta the Fund
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to receive and
file the letter from Chris Monroe, received April 6, 2012, regarding resignation fram the
Human Services Fund; and request the Mayor send her a letter of appreciation in
recognition for her service to the community.
*Approval of Full Extension for Filinq_of Plat and Submittinq Final PUD Plan
Application - PUD #107 - The Towers at West End - Southwest Quadrant of
1-394 and Hiqhwav 100 - Duke Realtv, Applicant
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to approve full
extension for filing of final plat and submitting Final PUD Plan Application for The Towers
at West End PUD No. 107 ta August 20, 2012 because City staff has determined that Duke
has demonstrated it is making good faith efforts to work with MCES to locate a lift station
for I-GV-461 on The Towers at West End property. The approval is subject to the following
conditions:
1. Duke shall submit cash deposits as requested by the City ta cover legal and
engineering costs incurred by the City for consideratian of the Preliminary Plan.
2. Duke will be financially responsible for road construction under TH 100 and intersection
improvements on the east side of TH 100 and traffic calming along the frontage road
east of TH 100, to occur at the time building permits are applied for by Duke.
3. Duke shall cooperate with Metropolitan Council Environmental Services (MCES) in the
construction of the 1-GV-461 Reliever project. The Reliever project is required to be
constructed by MCES to increase sanitary sewer capacity to serve Duke's West End
development and other future development in certain parts of Golden Valley and St.
Louis Park. MCES and Duke to reach a conclusion on the permanent location of the lift
station, the force main alignment, and all other appurtenances needed for the
construction of the 1-GV-461 force main within the vicinity of the Duke property. All
temporary and permanent easements shall be identified, and all land shall be
transferred in connection with the project. If the City or MCES determines that there has
not been adequate cooperation from Duke, the City retains the right to place additional
conditions on future extensions to the Preliminary PUD Plan or the Final PUD Plan.
Regular Meeting of the City Council
April 17, 2012
Page 4
Support for Minneapolis Park and Recreation Board's Application for Hennepin
Countv Environmental Response Fund Grant
Gouncil Member Pentel requested staff update the Council regarding the grant, plans for
the Wirkh Park and status of tornado clean-up. Jeannine Clancy answered questions from
the Council.
Member Pentel introduced the following resolution and moved its adoptian:
RESOLUTION 12-28
RESOLUTION AUTHORIZING APPROVAL FOR THE MINNEAPOLIS PARK &
RECREATION BOARD TO CLEAN UP A FUEL SPILL AT WIRTH PARK LOCATED IN
THE CITY OF GOLDEN VALLEY AND SUPPORT ITS APPLICATON FOR AN
ENVIRONMENTAL FUND GRANT FROM HENNEPIN GOUNTY FOR THE PROJECT
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
*Praclamation for National Public Works Week - Mav 20-26
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to adopt the
Proclamation for National Public Works Week.
*Authorization to Siqn Amended Aqreement with Citv of St. Louis Park for
Emerqencv Command Center Vehicle
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to authorize
the Mayor and City Manager to sign the Amended Agreement Between St. Louis Park and
Golden Valley for Purchase, Operation and Maintenance of Emergency Command Center
Vehicle.
*Receipt ofi March 2012 Financial Reports
MOVED by Freiberg, seconded by Clausen and motion carried unanimously to receive and
file the March 2012 Financial Reports.
Regular Meeting of the City Council
April 17, 2Q12
Page 5
*Authorization to Approve Sendinq a Written Request to Hennepin County
Administrator and Request Hennepin Countv Board Provide Public Safetv Dispatch
Services
Member Freiberg introduced the following resolution and maved i#s adoption:
RESOLUTION 12-29
RESOLUTION REQUESTING THAT THE HENNEPIN COUNTY BOARD PROVIDE
PUBLIC SAFETY DISPATCHING SERVICES TO THE CITY OF GOLDEN VALLEY
The motion for the adoption of the foregoing resolution was seconded by Member Clausen
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Public Hearinq - Renaminq Golden Hills Redevelopment Plan - I-394 Corridor
Redevelopment Area Plan - Amend Geoqraphic Area and Plan Text
Jeanne Andre, Assistant Director, Housing and Redevelopment Authority, introduced the
agenda item and answered questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-30
RESOLUTION APPROVING REVISION OF THE REDEVELOPMENT PLAN
FOR THE GOLDEN HILLS REDEVELOPMENT PROJECT AND RENAMING IT THE
I-394 CORRIDOR REDEVELOPMENT PLAN
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Regular Meeting of the City Council
April 17, 2012
Page 6
Public Hearinq - Ordinance #482 - Amendinq Section 11.70, Reqardinq Minimum
Number of Off-Street Parkinq Spaces
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 482, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.70, Regarding Minimum Number
of Off-Street Parking Spaces
Joe Hogeboom, City Planner introduced Bryanna Vidden, Planning Intern, who presented
the staff report and answered questians from the Council. Joe Hogeboom answered
questions from the Eouncil.
Mike Kisch, Planning Commission, presented the Commission report and answered
questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Pentel, seconded by Freiberg and motian carried to adopt Ordinance #482, 2nd
Series. The vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Authorizinq Issuance, Awardinq Sale, Prescribinq the Form and Details and
Providinq for the Pavment of: $1,605,000 General Obliqation lmprovement Bonds,
Series 2012A, $725,000 General Obliqation Equipment Certificates, Series 2012B and
�6,110,000 Refinancinq General Obliqation Bonds, Series 2012C and Authorization to
Siqn Escrow Aqreement
Sue Virnig, Finance Director, introduced the agenda item.
Dave McGillivray, Springsted Inc., reviewed the bids and answered questions from the
Council.
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 12-31
RESOLUTION AUTH�JRIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE
F�RM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $1,575,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2012A
Regular Meeting of the City Council
April 17, 2012
Page 7
Authorizinq Issuance, Awardinq Sale, Prescribinq the Form and Details and
Providinq for the Pavment of: $1,605,000 General Obliqation Improvement Bonds,
Series 2012A, $725,000 General Obliqation Equipment Certificates, Series 2012B and
$6,110,000 Refinancinp General Obliqation Bonds, Series 2012C and Authorization to
Siqn Escrow Aqreement - Continued
The motion for the adoption of the foregoing resalution was seconded by Member Scanlon
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adapted, signed by the Mayor
and his signature attested by the City Clerk.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 12-32
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $725,000 GENERAL
OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2012B
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: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Member Freiberg introduced the following resolution and moved its adoption:
RESOLUTION 12-33
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING
THE FORM AND DETAILS AND PROVIDI�IG FOR THE PAYMENT OF $5,96Q,OQ0
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2012C
AND ESCROW AGREEMENT
The motion for the adoption of the foregoing resolution was seconded by Member Pentel
and upon a vote being taken thereon, the following voted in favor thereof: Clausen,
Freiberg, Harris, Pentel and Scanlon; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Regular Meeting of the City Council
April 17, 2012
Page 8
First Consideration - Ordinance #483 -Amendment to the Master Fee Schedule -
Vehicle Forfeiture
The following ordinance was MOVED by Pentel, seconded by Clausen:
ORDINANCE NO. 483, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to the Master Fee Schedule for
Vehicle Forfeiture
Nate Gove, Operations Commander, introduced the agenda item and answered questians
from the Council.
MOVED by Pentel, seconded by Clausen and motion carried to approve on First
Consideration, Ordinance #483, 2nd Series. Upon a roll call vote, the vote was as follows:
CLAUSEN - YES FREIBERG - YES HARRIS - YES PENTEL - YES SCANLON - YES
Direct Environmental Commission to Studv Whether the City Code Should be
Amended to Allow a Person to Keep or Harbor Chickens
Jeannine Clancy introduced the agenda item and answered questions from the Council.
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to direct the
Environmental Commission to study whether Section 10.32 of the Golden Valley City Code
should be amended to aliow a person to keep or harbor chickens and report back in six
months.
Announcements of Meetinqs
Immediately following the Council meeting a Special Council/Manager meeting will be held.
A Bassett Creek Water Management Commission meeting will be held on April 19, 2012 at
11:30 am.
Some Council Members may attend the Neighborhood Watch meeting for Zone 8 on
February 24, 2012 at 7 pm.
The Hennepin County Open Book Meeting will be held on April 24, 2012 from 4 to 6 pm at
City Hall.
A 2013 Pavement Management Program and MCES Reliever Project Open House will be
held on April 25, 2012 at 4:3Q pm.
Regular Meeting of the City Council
April 17, 2012
Page 9
Announcements of Meetinqs - Continued
Some Council Members may attend the Hidden Lakes Homeowners Assaciation on April
25, 2012 at 7 pm at the Regency Hospital Conference Room.
Some Council Members may attend the Golden Valley Federated Women's Club Spring
Fling on April 28, 2012 and will be held at the Sheraton - Ridgedale at 11 am.
The next City Council meeting will be held on May 1, 2012 at 6:30 pm.
Some Council Members may attend the North Tyrol Neighborhood Meeting at Anne and
Fritz Cleveland's house on May 16, 2012 at 7 pm.
Mavor and Council Communications
Run the Valley was a success with 630 walkers/runners.
Renee Silberman sent an email to thank the Fire Department for helping her after the 5K
walk.
Ofer Alphabet, 155 King Creek Road, sent an email thanking the Police Department for
speaking with railroad personnel about stopping the train noise behind his property.
The Step To It Challenge starts April 23 to May 20 and the Council encouraged the citizens
to participate.
Severe Weather Awareness Week is April 16-20 and there will be two statewide tornado
drills on April 19 at 1:45 pm and 6:55 pm.
Adjournment
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to adjourn the
meeting at 7:44 pm.
Shepard M. Harris, Mayor
ATTEST:
Judy Nally, Administrative Assistant
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Finance Deparfiment
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval af the check register for various vendor claims against the City of Golden Valley.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
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Finance Department
763-593-8013/763-593-8109(fax)
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register far various vendor claims against the Housing and Redevelopment
Authority.
Attachments
• Document sent via email
Recommended Action
Motion to authorize the payment of the bills as submitted.
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City Administration/Council
763-593-3991 /763-593-8109(fax)
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. C. 1. Solicitor's License - DSAI, Inc. d/b/a Grand Cleaners
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 DSAI, Inc. d/b/a Grand Cleaners.
Application and fee must be submitted to the City Manager's O�ce the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
O�
TO: Golden Valley City Council Fee Paid: $ �7�
7800 Golden Valley Road Number of Persons: �
Golden Valley, MN 55427 Type of License: Peddler Solicit r
(circle one
b�
Enclose the sum of$�for � (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.
J �
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(Business or Individual Name or Organization to be Licensed)
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(MN Business ID or FEIN (Federal ID) for Business Licenses)
Define Business ��r ��, �,��',, y
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
! N� �� L���� �� �� � r ��� / �-�' :�
(Ad ess)
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City, ate and ip Co e)
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(Te ephone umber, including Area Code)
NOW, THEREFORE, ���1 G�, �wU'��S�7 hereby makes application for
(Applicant Name)
period of f L through 12/31/,�, subject to the conditions and provisions of said
City Cod,.�
(Signature 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):
�Jc!✓��G'�-H�r/ /� �
J" � h';l2, l �� '� % h� �-C..f�/!(J,t r�
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
e!? /�NZ��h o�.t r�� ��3 � �i�I�/st �o�r�� ��a.r (fl�� �Ll� U�� 'i
(If more space is needed, attach additional sheets)
STATE OF �"11I�I�i��)
) ss.
COUNTY OF ��1��� )
� /��l l/��/ �o`� �i.����� of �,�i��� ��� �',G�� ..�Tr�'�d�'P�.��„��
(Officer/Individual) (Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true. r
7
Signature of Applicant/Principal Officer)
Subscribed and sworn to before me this
(�� ' day of �� , 20�
_ �+�+w w�r��ew��+�ri+�iw�+wn�wa
� ° JUDITH A. NALl.Y
(Signature) t�,�.��_�
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GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
April 23, 2012
Present: Commissioners Tracy Andersan Rich Baker, Dawn Hill, Lynn Gitefis, Jim
Stremel, Damon Struyk; Debra Yahle; Jeannine Clancy, Public Works Director;
Eric Seaburg, Graduate Engineer; and Lisa Nesbitt, Administrative Assistant
1. Call to Order
Baker called the meeting ta order"at 7:00 pm.
2. Approval of Reqular Meetinq Minutes — March 26, 2012
MQVED by Hill, seconded by Gitelis, and the motion carried unanimously to approve the
minutes of the March 26, 2012 meeting.
3. Request from Council to Studv Section 10.32
Council directed the commission to Ordinance 10.32 which prohibits keeping fowl in the city
and make a recommendation as to whether or not the ordinance should be amended.
Council asked for the recommendation to be submitted within six months. The commission
expressed concern about the deadline. A work plan with a timeline was discussed.
In addition ta the recommendatians fram Council, the commission made the fallowing
requests of staff to assist Commission with the study:
• Arrange a meeting with professionals who are knowledgeable on both sides of the
issue
• Find out who the City of Minneapolis consulted with as a part of their study
• Provide ordinances from other cities that allaw the raising of chickens
• Arrange for a meeting with code enforcement staff from other cities, similar to
Golden Valley, that allow chickens (Robbinsdale, New Hape, Shoreview and St.
Anthony)
• Background information on the previous study done, in Golden Valley on the same
topic
• Request guidance from the city attorney's office
Baker will draft the work plan/timeline and a memo to Council. It will be sent to the
commissioners, via staff, for review and then presented at a Council/Manager meeting in
May.
Clancy reported that a place on the city website will be set up for residents to submit their
comments.
4. 2012 Planninq
A final draft of the 2012 priorities memo, to Council, was reviewed. A motian to submit the
memo to Council was MOVED by Hill and seconded by Sfremel. The motion carried
unanimously as amended to include an acknowledgment of the request to study Sec.
10.32, which may shift the outlined priorities, and Council approval. The mema will be
presented at a Council/Manager meeting in May.
Minutes of the Environmental Commission
April 23, 2Q12
Page 2 of 2
5. Communications — Item #287 from Cathv Waldhauser
The above resident requested that the code be amended to allow more than one compost
bin per home. The request was received and filed. Staff will communicate to the resident
that the item is on the commission's list of priorities.
6. Annual Report
A motion to accept the annual report was MOVED by Gitelis and seconded by Yahle as
amended to reflect the following changes: Remove "and 2Q12 Proposed Activities" from the
second line, and change "reeycling" to "recycle" in the second to the last sentence of the
fifth paragraph. Baker will present the annual report at a Council meeting in May.
7. Proqram/Proiect Updates
Summary an file. Additionally, Clancy reported on two Earth Day activities done through the
City. Breck is doing a storm drain stenciling project near the school. Trash collection by
students at Breck and Hands On Twin Cities through General Mills.
8. Commission Member Council Reports
Struyk reported on the April 10�' CAC meeting (on-file).
9. Other Business
None
10. Adjourn
MOVED by Anderson, seconded by Stremel, and the motion carried to adjourn.
The meeting adjourned at 8:35 pm. The next scheduled meeting will be May 21, 2012 at
7 pm.
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
April 9, 2012
Present: Hilmer Erickson, Brenda Hayle, Elissa Heilicher, Chris Monroe, Diane Nimmer,
Connie Sandler and Taots Vodovoz. Also present: Joanie Clausen, Council Liaison and
Jeanne Fackler, Staff Liaison.
Not Attending: Dan Blumb and Katie Hart
Call to Order: Sandler called the meeting to order at 6:48 p.m.
No addition or changes to the agenda.
March 12 minutes: Erickson moved and Vodovoz seconded the motion to approve the
minutes from March 12. The motion passed unanimously.
Run the Valley: The duty/assignment sheet was passed to members. Volunteers were
confirmed. The route has been certified and new maps were created. Race day togistics
were discussed.
Calendar review: Golf Classic will be held on Friday, July 13. The brochures have been
updated and are ready to distribute. Taste of Golden Valley date has not been set. Sandler
has talked to the GVCF far possible co-sponsorship and adding to the Golden Valley Hall of
Fame as part of the event.
Other Business:
Community Foundation: Sandler reported the CF is working on guidelines for the first set of
grant applications and actively fundraising. GVHSF members discussed what businesses
the CF should not contact since the GVHSF contacts specific businesses for their events.
Valley Qays: Valley Days will be held on May 19. Members will decide at the May meeting if
they will man a table at the event.
Farmer's Market: Nimmer dispfayed the reusable tote and presented price information.
Members were pleased with the product. Hayle will check with another supplier for prices.
Sandler announced the date and time of the Commission Dinner, encouraging members to
attend.
Monroe announced that she and Blumb will be leaving the GVHSF as their terms are
ending. Members thanked them for their years of service and hoped that they wifl cantinue
to support the GVHSF in other ways. Sandler encouraged members to look far people
willing to serve on the GVHSF.
Adjournment: Sandler reminded the members the next meeting is May 14 at 6:45 p.m.
Heilicher moved to adjourn the meeting, Monroe seconded the motion. The meeting was
adjaurned at 7:45 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
April 24, 2012
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
April 24, 2012 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Nelson called the meeting to order at 7 pm.
Those present were Members Boudreau-Landis, Maxwell and Nelson, and Planning
Commission Representative McCarty. Also present were City Planner Jos Hogeboom and
Administrative Assistant Lisa Wittman.
I. Approval of Minutes — March 27, 2012 Regular Meeting
Boudreau-Landis referred to the ninth paragraph on page 3 and stated that the word "he"
should be removed from the fifth sentence.
MOVED by Maxwell, seconded by Boudreau-Landis and motion carried unanimously to
approve the March 27, 2012 minutes with the above noted eorrection.
II. The Petitions are:
1109 Rhode Island Ave N
Robert J. Holly, Applicant (12-04-0�
Request: Waiver from Section 11.21, Single Family Zoning District (R-1),
Subd. 11(A)(1) Front Yard Setback Requirements
• 5.4 ft. off the required 30 ft. to a distance of 24.6 ft. at its closest point to the
front yard (east) property line.
Purpose: To allow for the construction of an open front porch.
Hogeboom referred to a survey of the property and explained the applicant's request to
build an open frant parGh which would replace the existing front stoop. He noted that
the existing home is set back 31.6 feet from the front property line and the proposed
. front porch would be located 24.6 feet from the front property line. He added that no
prior variances have been granted for this property.
Nelson questioned if the applicant were not proposing a roof to be over the deck
structure if a variance would be required. Hogeboom stated that a landing area, without
a roof and not greater than 25 square feet in area, could be built in the setback area.
Robert J. Holly, applicant, showed the Board a drawing of his proposed open front
porch. He explained that his wife operates a daycare in their home and it is difficult not
ta have a covered entry. He added that a front porch would also improve the aesthetics
of his home. �
Nelson asked if the width of the proposed porch is 5 feet. Holly said yes the width would
be 5 feet plus a 14-inch averhang that would match the rest of the house.
Minutes of the Golden Valiey Board of Zoning Appeals
April 24, 2012
Page 2
McCarty asked for further explanation of the 14-inch overhang area. Holly referred to
his drawing and stated that the 14-inch overhang is the soffit area. He added that many
other homes in the area extend further, or at least as far, into the front yard setback
area as he is proposing so he doesn't feel his front porch addition would be intrusive.
Maxwell asked the applicant what he feels is unique about his property. Holly stated
that there is already an existing concrete slab covering an old well room which leaks.
He explained that the house is already located in the front setback area and the
proposed porch would basically be the same size as the concrete slab area.
Boudreau-Landis asked the applicant if he has been able to fix the leak. Holly said he
has fixed it temporarily.
Nelson said she feels that not having a covered entryway is a hardship. She said she
fesls an open front porch is a reasonable request, is in harmony with the City's
ordinances and will not change the essential character of the neighborhood.
Maxwell asked if the existing leaks were present before the applicant bought the house.
Holly said yes, the well room has had problems with leaks since he bought it.
Nelson opened the public hearing. Hearing and seeing no one wishing to comment,
Nelson closed the public hearing.
Boudreau-Landis said he feels the request is reasonable and that it is a hardship that
the existing stoop leaks.
McCarty said he is fine with the proposed porch, but he doesn't think that a leak is a
hardship because it can be repaired. He said he feels the location of the home (31.6
feet from the front yard setback) on the property is more of a hardship.
Holly stated that he would like the propased deck of the front porch to be a minimum of
5 feet in depth with an additional 14-inch overhang. Boudreau-l.andis stated that would
make the overall depth of the porch 7 feet, 2 inches.
Maxwell said he is in favor of granting the variance because the applicant can't change
where the house is located.
Nelson questioned if the variance request would need to be amended in order to take
the 14-inch overhang into account. Hogeboom said the request would not have to be
changed because the house is 31.6 feet away from the front property line.
MOVED Ma�cwell, seconded Boudreau-Landis and motion carried unanimously to
approve the request for 5.4 ft. off the required 30 ft. to a distance of 24.6 ft. at its
closest point to the front yard (east) property line to altow for the construction of an
open front porch.
4224 Golden Valley Road
Minutes of the Golden Valley Board of Zoning Appeals
April 24, 2Q12
Page 3
Denise and Rob Kinq, Applicants (12-04-Q5)
Request: Waiver from Section 11.21, Single Family Zoning District (R-1),
Subd. 11(A)(2) Rear Yard Setback Requirements
• 5.5 ft. off the required 25 ft. to a distance of 19.5 ft. at its closest point to the
rear yard (north) property line.
Purpose: To allow for the construction of a balcony.
Hogeboom referred to a survey of the property and explained the applicant's request to
construct a balcony on the rear of their home. He stated that the rear yard setback is
20% of the lot depth. However, in this case, the setback was amended by the City
Council in 1964 to be 25 feet rather than the required 42 feet. He explained that the
applicant received a variance for this same proposal in 1999 but the balcony was not
constructed within one year as required so the variance expired.
Denise King, applicant, reiterated that they did receive a variance in 1999 in order to
construct a balcony but they ran out of funds at that time to construct the balcony. She
explained that there is currently a sliding glass door located in the area where they wish
to build the balcony. She referred to a sketch of the proposed balcony and noted that it
would extend approximately 1.6 feet past the house.
McCarty asked about the construction type and materials of the proposed balcony. Rob
King, applicant, said the balcony would be constructed like a typical deck with planks of
composite wood and white railings, there would not be a solid floor.
Maxwell asked the applicants to explain how the need for a variance is based on
circumstances that were not created by them. Ms. King said they didn't build the house
and the sliding glass door is dangerous because it is one-story up from the ground.
Nelson asked when the sliding door was installed. Ms. King said they installed the door
in 1999 when they received the variance originally. McCarty noted that the applicant put
the sliding door in and let the variance lapse, so they did create the situation. He said
where the house is located on the property is really the hardship that wasn't created by
the homeowners.
Mr. King said they are not proposing to build the balcony 5 feet claser to the property
line, they are just filling in a space that already exists between their fireplace and
house.
Nelson noted that the neighbor to the north has a concern about drainage. Mr. King
said he can't imagine that the proposed balcony would affect drainage at all. McCarty
agreed that the balcony would not add to the current drainage issues.
Nelson opened the public hearing.
Minutes of the Golden Valley Board of Zoning Appeals
April 24, 2012
Page 4
Bob Stanton, 4221 Legend Lane, said he doesn't have a problem with the King's but he
cannot support the proposed balcony. He said the applicant's house sits higher than his
so he is concerned about the height of the proposed balcony taking away his privacy
because they would be looking down into his property. He said he understands the
applicant's problem with their sliding glass door, but he is concerned about being able
to sell his house in the future if there is a lack of privacy.
Nelson asked Mr. Stanton if the existing patio door looks onto his property now. Mr.
Stanton said yes, but the King's will spend more time on a balcony than they would
looking aut of the patio daor. He reiterated that his main concern is privacy.
Seeing and hearing no one else wishing to speak, Nelson closed the public hearing.
McCarty said he supports the applicant's request. He stated that if the applicants
wanted to look at Mr. Stanton they could stand at the window and do it now. Boudreau-
Landis agreed and noted that the currently proposed balcony is smafler than the
balcony they were going to build in 1999. Maxwell agreed.
Nelson said she feels the praposed balcony is in harmony with the City's ordinances
and it's a reasonable request but she also feels that it does somewhat affect the
neighbar and the essential character of the locality.
McCarty reiterated that he feels the hardship is that the house is located so close to the
rear yard property line. He added that there are ways to overcome the privacy issue
such as planting trees. Stanton added that if the applicant's property wasn't split the
way it was the house wouldn't be so close to the rear yard property line.
MOVED by Boudreau-Landis, seconded by McCarty and motion carried 3 to 1 to
approve the request for 5.5 ft. aff the required 25 ft. to a distance of 19.5 ft. at its
closest point to the rear yard (north) property line to allow for the construction of a
balcony. Nelson voted na.
II1. Other Business �I
No other business was di�cussed.
i
IV. Adjournment I
The meeting was adjourn�d at 7:50 pm.
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Nancy J. Nelson, Chair �� Joseph S. Hogeboom, Staff Liaison
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. E. 1. Bids -Award Contract for City Improvement Project 12-02, Reconstruction of Harold
Avenue and Rhode Island Avenue
Prepared By
Jeannine Clancy, Directar of Public Works
Jeff Oliver, PE, City Engineer
Summary
City Improvement Project 12-02, Reconstruction of Harold Avenue and Rhode Island Avenue, was
originally bid as part of the 2012 Pavement Management Project. However, due to administrative
issues regarding state prevailing wage requirements, the project was remaved from the PMP
contract that was awarded to GMH Asphalt on April 7, 2012. The project has subsequently been
rebid, with the bid opening held on May 30, 2012. Three bids were received and are listed as
follows:
Valley Paving, Inc. $1,993,350.53
Forest Lake Contracting, Inc. $2,065,721.25
C.S. McCrossan Construction, Inc. $2,083,323.21
The staff has reviewed the bids and found them to be accurate and in order.
Funding for this project is included in the 2012-2016 Capital Improvement Rrogram, Street
section (S-029, page 1p0) for$1,500,000, and in the Water and Sewer section (W&SS 057,
page 90) for $500,000. The majority of the street and storm sewer improvements will be financed
by the Minnesota Department of Transportation from the City's Municipal State Aid Construction
Fund.
Attachments
• Location map (1 page)
Recommended Action
Motion authorizing a contract with Valley Paving, Inc. in the amount of$1,993,350.53 for the
reconstruction of Harotd Avenue and Rhode Island Avenue, City Improvement Project 12-02.
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. F. Resolution Authorizing the Joint Water Commission to Prepare a Feasibility Study ta Site and
Drill Wells, Including Coordination with the City af Minneapolis Public Works Qepartment, Water
Works
Prepared By
Jeannine Clancy, Qirector of Public Works
Summary
On May 7, 2012, a joint meeting of the City Councils of Golden Valley, Crystal and New Hope was
held at the Crystal Community Center to discuss development of a Joint Water Commissian
emergency water supply. At the conclusion of a presentation by Barr Engineering Company, each
City Council was given time to discuss whether or not it wanted to proceed with a feasibility study
that will result in a capital improvement plan and budget for the following activities:
1. Final preparation of the New Hope well for use if it becomes necessary;
2. Identification of well sites including well head protection considerations;
3. Preliminary design of the eonnections from the wells to the distribution system; and
4. Total cost estimate including alternative time period construction and related financing
plans, and cost estimates for long-term maintenance of the emergency system.
At the meeting, the Golden Valley City Council indicated they were supportive of proceeding with
the feasibility study.
Attachments
Resolution Authorizing the Joint Water Commission to Prepare a Feasibility Study to Site and Drill
Wells, Including Coordination with the City of Minneapolis Public Works Department, Water
Works (2 pages)
Recommended Action
Mation to Adopt Resolution Authorizing the Joint Water Cammission to Prepare a Feasibility
Study to Site and Drill Wells, Including Coordination with the City of Minneapolis Public Works
Department, Water Works.
Resolution 12-43 June 5, 2012
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE JOINT WATER COMMISSION TO PREPARE A
FEASIBILITY STUDY TO SITE AND DRILL WELLS, INCLUDING COORDINATION WITH
THE CITY OF MINNEAPOLIS PUBLIC WORKS DEPARTMENT, WATER WORKS
WHEREAS, the Joint Water Commission (JWC) is a jaint powers entity authorized
by Minnesota Statute 471.59 consisting of the cities of Crystal, Golden Valley, and New
Hope, initiated in 1963; and
WHEREAS, based on this agreement, the three cities built their water distribution
systems to be interconnected without reference to city boundaries; and
WHEREAS, the JWC has an ongoing long-term water purchase agreement with the
City of Minneapolis water utility and intends to continue that relationship; and
WHEREAS, the JWC continues to have concerns regarding the reliability of the
Mississippi River as the sole water supply source for the City of Minneapolis and its
customers; and
WHEREAS, in 2009 the JWC and, separately, each of the three member cities,
adopted a Water Supply, Emergency and Conservation Plan to comply with Minnesota
Statute 473.859, and said statute requires the JWC and the three member cities ta identify
and develop an emergency source of water supply; and
WHEREAS, the JWC has identified groundwater from the Prairie du Chien/Jordan
aquifer to be a viable alternative water supply on an emergency basis; and
WHEREAS, at the direction of the three City Councits at the May 11, 2011 tri-
Council meeting, the New Hope municipal well has been examined, tested, and is receiving
authorization from the Minnesota Health Department to be brought online in the event af a
water shortage emergency; and
WHEREAS, legislation was passed during the 2004 legislative session authorizing
the JWC to drill wells to meet the needs of the three member cities on a case-by-case
basis; and
WHEREAS, by drilling three additional wells it would be possible to meet the typical
non-summer related needs for all water users in the three cities in the event of a failure of
Minneapalis to supply water to the JWC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota:
Resolution 12-43 - Continued June 5, 2012
That the JWC retain the required engineering and related technical services to
prepare a detailed feasibility study to develop and implement a capital improvement
plan and budget that includes:
1. Final preparatian of the New Hope well for use if it becomes necessary.
2. Identification of well sites including well head protection considerations.
3. Preliminary design of the connections from the wells to the distribution
system.
4. Total cost estimate including alternative time period construction and retated
financing plans, and cost estimates for long-term maintenance of the
emergency system;
AND FURTHER, that said study is brought back to the JWC and three City Councils
for further action.
Shepard M. Harris, 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 vated in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signa#ure attested by the City Clerk.
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Executive Summary For Action
Galden Valley City Council Meeting
June 5, 2012
Agenda Item
3. G. DeCola Pond Flood Mitigation Study
Prepared By
leannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
In January 2011, the City of Golden Valley retained Barr Engineering Company to perform a flood
mitigation study in the vicinity of DeCola Ponds in the north central portion of the community.
The study also investigated recent flooding on Medicine Lake Road east of Winnetka Avenue and
Terra Linda Drive in the City of New Hope. The goal of the study was to determine if there were
potential mitigation issues that may reduce or eliminate flooding in these locations.
The results and recommendations af this study were presented to the City Cauncils of Crystal,
Golden Valley and New Hope at a joint meeting on May 7, 2012. All three communities are within
the sub-watershed that drains to Medicine Lake Road and DeCola Ponds. The recommendatians
of this study included authorization from all three cities to enter into a Cooperative Agreement to
perform a Phase 2 study. This second study would include a detailed analysis, including an
economic analysis, of all potential mitigation measures to reduce property damage and roadway
impacts due to flaoding. The range of ineasures varies from large storm drainage projects to
structural flaodproofing flood-prone structures and land use planning to minimize runoff
volumes.
The cast for a Phase 2 study would be split between the three cities based upon the total area
within the sub-watershed. The anticipated cost split includes Golden Valley funding
approximately one-half of the study costs, and Crystal and New Hope funding approximately one-
quarter of the costs each. The City of Golden Valley will be the lead city for the study and will
draft the Cooperative Agreement to be considered by each community.
Copies of the DeCola Ponds Area Flaod Mitigation Study were distributed to the City Council prior
to the May 7, 2012 Tri-City Council meeting.
Attachments
• DeCola Ponds Location Map (1 page)
Recommended Action:
Motion to receive and file the DeCola Ponds Area Flood Mitigation Study, prepared by Barr
Engineering Company dated Aprit 2012, and to direct staff to prepare a Cooperative Agreement
for consideration by the cities af Crystal, New Hope and Golden Valley.
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. H. Authorization for Professional Engineering Services for Flag Avenue Drainage Study
Prepared By
Jeannine Clancy, pirector of Public Works
Jeff Oliver, PE, City Engineer
Summary
In the summer of the 2010, staff became aware of a significant groundwater and surface water
runoff issue on Flag Avenue North, between Earl Street and Duluth Street, immediately adjacent
to the northwest corner of the James Ford Bell Research Center property. This issue included a
significant discharge of groundwater from a home and surface water runoff from the south,
directly onto Flag Avenue. The issue persisted into the winter of 2010-11 and resulted in
significant ice buildup on the street. This ice buildup was addressed by scraping the accumulated
ice off of the pavement a minimum of once per week during the winter months.
The high groundwater levels in the part of the City continued into the spring of 2011, and the
discharge of water, coupled with the damage done to the pavement during the winter months,
resulted in extreme deterioration of the pavement on Flag Avenue. This deterioration resulted in
major pavement patching to keep the roadway in a minimally acceptable condition for vehicles.
The estimated cost for ice control during the winter of 2010-11 and patching during 2011 was
approximately $31,000. In order to prevent this maintenance expense from recurring until the
street can be reconstructed, staff made interim improvements on Flag Avenue that included
installation of a drain tile system that will allow property owners to connect their sump pump
discharge and not discharge onto their yard or the street. It appears that the interim
improvements have improved the drainage situation an Flag Avenue to date.
This portion of Flag Avenue is scheduled for reconstruction as part of the Pavement Management
Program (PMP) in 2016. It is anticipated that more significant surface and subsurface drainage
improvements will be needed as part of the PMP to more fully address the water issues in this
area. Therefore, the 2012-2016 Capital Improvement Program included the Flag Avenue Drainage
Study (SS-35, page 81) for 2012, with a budget of$35,000. This study will be used to determine
the extent of improvements needed with the 2016 PMP to address these issues so that the
improvements can be budgeted for.
A proposal for the Flag Avenue Drainage Study has been received from the consulting
engineering firm of SEH, Inc. The May 16, 2012 proposal, which is attached to this memorandum
for reference, outlines the scope of the study and a not to exceed cost of$16,500.
Attachments
• Location Map (1 page)
• Professional Services Proposal from SEH, Inc., dated May 16, 2012 (3 pages)
Recommended Action
Motion to authorize the professional engineering services for the Flag Avenue Drainage Study
with the consulting engineering firm of SEH, Inc. at a not to exceed amount of$16,500.
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Fla Ave N � Project Extent
g Sources Pnnt Date:8/18/2011
�� � St�rmWater �mpr�Vement Pr��eCt -HennepinCountySurveyorsOfficeforPropertyLines(2011)
and Aerial Photography(2009).
LOCatl011 Ma p -Aero-Metric for 2-Foot Contours(2008). e
o ioo zoo aoo
Feet
May 16,20J.2 RE: City of Golden Va11ey,,Min��esata
Flag Avenue Drainage Study
SEH No. GOLDV 120186
Jeannine Clancy
Dii�ector of Public Works
City of Golden Valley,Miruiesata
3400 Golden Vatley Road
Galden Va11ey,MN SS427
Dear Jeannine:
The Gity of Golden Valley is requesti�ig assistance fiom SEH to provide profession�l services to co�duct
a d�•ainage study in the area of Flag Avenue,located ii�the nordi�vest corner of fhe City,just south of
Duluth Street,north of Earl Street,adjacent to the General Milis Resea�cl�Natut•e Area.
Background
Recently, Golden Valiey has experienced c��anges in the surface/ground�vater coziditions along a poation af
Flag Avenue, Tiiese changes became apparent tI�e�vinter of 2011 and have continued to�vorsen through the
201 l. spring seasan befo�-e improving during a summer drought. Consequences of surface/ground wate�•
clianges incl�2de]arge ica buildup(>Z2")in the road�vay as well As sevex�e degradation of tlie pavement
surface due to high gz•ound�vater. Tiie City of Goldan VaUey has recently installed 1 temporaxy drainage
system as a tivay to bettex�address the surface�vater issue,but is interested in pttrsui��g mare solutio�3s
especialiy sinc�tlus xxeighborhood is in an upcoming 2015 Paven�ent Management PxogrAin(PMP)ax•ea.
Scope of Work
The scope of this work i��volves four areas of investigation including tl�e 7FB NW Pond,the Golden
Ridge Nature Arsa,the Flag Avenue rear yard drainage,and the Flag Avenue grouncl�vater. The outcome
of this investigation will be a drainage study identifying long term solutions thAt cau he iinplemented �vith
a future PMP project. The scape of services is detailed belo�v.
lus1�1--1)�rR eollecrton. SEH�vill obtain and revie�v draic�age systern as-built informatian,soil maps�nd
groundwatex•inforination far the City. This infoi•matiau will be usec!to Analyze existing condidons 1nd
develop design�lte��iiatives for each.area of investigation. SBH�vill complete 1 sita visit to observe general
drainage patterns,pond outlet configuratioi�, hydraulic cantrol pain#s ancl c��n�ent p1ve��ient co►�ditions.
A topographic field su�•vey has not been requested. We intend to use tt�e City's U1se�napping,record plan
�nformation and tl�e 2 foot contour information as the basis for the eval��atiou�nd concept desigE�.
'!'usk z—JI*�3 tV��Y I'artd. SEH will conduct�hydraulic�n�lysis of the existing pond to deterinine tt�e
axistiug capacity and hydraulic response of the pond duri�lg critic�l duratio��storm events. We�vill
utilize tha City's existi�zg drlinlge lcea bo�mdaries 1i�d refine ihose bound�ries�s necessary based on
field observations and appticable as-buiit infor�nation. In addition, �ve�vill �nAlyze tile pond based on
5hort�Iliott Hendrickson Inc.,3535 Vadnais Cencer Orivc,St.Paul,MN 55110-519b
SEH fs an equai opporcunity employer � www.sehinc.com � 651.440.2000 � 800.325.2055 ( 651.490.2150 fax
Flag Avenue Drainage Study
May 16,2012
Page 2
tlie potenfiAl Alteriiatives identified as part of this work nnd deter�TUne what effect they Ijave on the
Ilydraulic xespo��se of the���ald.
Task 3�Gol�le�r IZi�tge�Vat��r�e A�•ea, The teani will investigate currea�t sur�ace�vacer ru�loff issues
for the Golden Ridge Natw��Area and Sheiriff's Communicatiou Site and provide a design solution
�vlzicli can be implemented tivith a friture PMP p�•oject. A plan view layout alozig with a�reliminary
estimate��ill be provided for the prefei�•ed alternative.
Task 4--Flag ANerrrce Reao• Yarrl Draiitage, We�vill investigate tha surface�vater ivnoff issues in
the rear yards of 1901-20�7 Flag Avenue and pz•ovide a design solution�vluch can be implemented
with a futi�x�e PMP project. A plan vie�v layout along wiih a pre�iminary sstimate�vill be provided
foa�the pz•eferred alternative,
1 nsk S--l�lug Ave�trte Grorcttrlmater I�avesligatiort. SEH�vill investigate tha groundwater conditions in
the Plag Avenue riglrt-o�way and provide a prelinunaiy design soiution�vhicla can be implemented with
a future PMP px�oject. The design solution will include up to three alternatives. A preliminary esti�nate
and sketch detaiiing each alte�•native will be provided.
Tlu�ee soi!boc•ings,lab testiug servxces,at�d tlie installation of one piezometer ulong Flag Avenne wili be
perfor�ned by Americau Engineering Testing{AE'J`)and subcontracted by SLH. SEH�vill review
available ground�vater aiid soils information for the area and coordinate�vith AE'I`as necessary. We�vill
approxirnate soil boring and piezometer locations based on field measurennents and City base mapping.
1'avement and srYb-grade recoirunendations for future road design�vill not be coi�ipleted as part o�tliis
�vork. The soil borings�vill be completed to a depth allo`ving them to be utilized for any future paveanent
and utiIity design on Flag Avenue.
'1'c�sk 6—D1•airtcrge Repo�7. SEH tivill prepare a draft and final teclinical iiiamo��andum tl�at summarizes
ot�x•analys�s,findings and our recommandations, Our memorandura will include exhibits for existing a�id
future draivage conditions,as�vell as potentiat solutions for eacli area of investigation.
Taslc 7—Yro,ject ConrlrtrrretcutiorrslNleetings. We propose rivo project zneetings�vitit City staff. �ne
kick aff ineeting and anothe�•aneeting to pxesent tlxe draft��eport and obtain coinments prior to
p�•oducing tl�e fii�al repoi�t.
Projsct Team
Dan Erickson�vili be tl�s Praject Manager. The SEH water resout�ce team of Rou I.eaf and Justiu Klabo
will be condactiu�g the drainage st�idy evaluation and preparing ti�e recommandltioi�s. �llS�ltl'S TOIE WIII
be Project�ngineer,�vith Ron prAViding QA/QC. Brea�t Theroux will provide ti�e geotechi�ical revie�v
and ev�luation of gronndwater and soils information.
�Ch6dUl@
As soon as directed,SEH�vill begin the��ork. We expect to completa the study in 3Q days
fram the notice to proceed. ,
Compe�isatian
SE�I proposes ta be compensated for the scope of�vork proposed i►1 this Agreement on��i l�ourly basis.
Campensation�vill be based on tl�e hourly cost of personnel pliis ceimbursable expenses, including
reproductions, iniieage and ec�uipinent. We h�ve esiim�ted the services descrit>ed above to cost a total
of$16,500,�vhich includes$4,000 for AET drilling, testing,and piezometei•install�ttion services.
�lag�1.venue Dt•ainage Study
May 16,2012
Page 3
Tl�is agreemez�t is an understaa�dii�g of the pi•oject to date.If this document satisfactorily sets forth you
ui�derstanding of our agreenient,please sign in the sp1c�bela�v 11�d cefun�one capy to our office.
We look for�vard to�vorking with you,your staff and the cominunity on tlus��roject.Thank you for dle
opportnnity to contiuue ko work�vith the City of Golden Valley.
Respectively submitted,
SHORT�LLIOTT I-�NDRICKSON,INC.
������� ����
Daniel P.Ericksozi,PE usai�M.Mason,PE
Project Mailager Principal
amc
sVj��old�lcanmun�+.iposalsVlag arenue draipaga studyi(lag arenue�oposaidocx � �
Approved this day of ,2012
City af Galden Valley, Minnesota
By
��b+ y i✓�y f
��
Public Works Department
763-593-8030/763-593-3988(fax)
�-_ _ _ �� _ . _ x„>. �
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. I. 2Q12-2015 Municipal Recycling Grant Application for Hennepin County Funding
Prepared By
Jeannine Clancy, Director of Public Works
Mark Ray, PE, Engineer
Summary
Golden Valley's Recycling program (including curbside recycling, brush pick-up and leaf drop-off)
is supported through a combination of user fees, sale af recycled material, and a Hennepin
County grant. Residents pay$10 per quarter ($3.33/month) per household for recycling services
on their utility bills. Hennepin County provides funding to cities for recycling programs through
the SCORE (the Governor's Select Committee on Recycling and Environment) funding it receives
from the State. Last year, Golden Valley received $52,564 or about $0.64 per household per
manth. Recently, Hennepin County announced it would extend its recycling funding policy
through 2015.
The new grant agreement will cover four years (2012 through 2015) and is more comprehensive
than past agreements. In addition to providing yearly reports of recycling tonnage, the City will
also have to summarize educational efforts made throughout the year. These educational efforts
will include distribution of materials provided by the County and educational material generated
by the City. Increased focus on the educational initiatives is the result of Hennepin Caunty's new
goal of recycling an average of 725 pounds per year per household.
The total grant amount for 2012 is expected to be $56,859 ($% increase over last year) or about
$0.68 per household per month.
Attachment
• Resolution Authorizing Execution of Residential Recycling Grant Agreement with Hennepin
County (1 page)
• Residential Recycling Grant Agreement (12 pages)
Recommended Action
Motion to adopt the Resolution Authorizing Execution of Residential Recycling Grant Agreement
with Hennepin County.
Resolution 12-44 June 5, 2012
Member introduced the follawing resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF
RESIDENTIAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY
WHEREAS, the City of Golden Valley, Minnesota, has a curbside recycling program;
and
WHEREAS, the recycling program is in conjunction with and supported by the
Hennepin County Commissioners; and
WHEREAS, the City desires to continue to operate the program in compliance with
the Residential Recycling Grant Agreement requirements; and
NOW, THEREFORE, BE IT RESOLVED by the City Gouncil for the City of Golden
Valley that the City Manager is authorized to sign the 2012-2015 Residential Recycling
Grant Agreement with Hennepin County.
Shepard M. Harris, 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 vated against the same:
whereupon said resalution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Contract No:A220107
RESIDEl�1TIAL RECYCLIl�IG GRANT AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN,STATE OF MINNESOTA,
A-2300 Government Center,Minr�eapolis,Minnesota 554$7 (the"C�UNTY"),on behalf of the
Hennepin County Department of Environmental Services,701 Fourth Avenue South,
Minneapolis,Minnesota 55415-1600("DEPARTMENT")and the CTTY OF GULDEN
VALLEY,7800 Golden Vatley Road, Golden Valley,Minnesota 5542'7-4588 ("CTTY"}.
WITNESSETH:
WHEREAS,the County Board,by Resolution No. 1 1-04765 1, adopted on Novernber 29,
2011,approved the Hennepin County Residential Recycling Funding Policy("Funding Policy")
for the period January 1, 2012,through De�ember 31,2015,and authorized grant funding for
municipal recycling pmgrams consistent with the Funding Policy; and
WHEREAS,the C1TY operates a municipal curbside residential recycling prvgram and
other waste reduction and recycling activities(the"Recycling Program°') as described in the
grant application(the"Grant Application")referred to in Sectian 2 below;and
WHEREAS, the Recycling Program is consistent with Minnesota Statutes,Chapter
115A;the Minnesota Pollution Control Agency's Metropolitan Solid Waste Management Policy
Plan;Hen�nepin County's Solid Waste Management Master Plan; and Hennepin County's
Residential Recycling Fnnding Policy.
NQW,THEREFORE,in consideration of the mutual undertakings and agreements
hereinafter set forth,the CQUNTY,on behalf of the DEPARTMENT,and the CTTY agree as
fo]laws:
1. TERM AND COST OF THE AGREEMENT
a. T'his Agreement shall commence upon execution and ternunate on December 31,
2�15.
b. The total grant payment for the year 20l 2 shall be equal to fil'ty-six thousand
eight hundred fifty-nine dollars ($56,859). Crrant payments for subsequent years
shall be caiculated as set forth in Section 3.
2. SERVICES TO BE PROVIDED
a. The CITY sha11 operaCe the Reeycling Progcarn as more fully described in the
Funding Policy and the Grant Application.T'he CITY agrees to submit an updated
Grant Application by February 15 of each year of the term of this Agreement in
order ta be eligible for grant funds. The application consists of the Re-TRAC
web-based report and a planning document submitted to the COtJNTY describing
the progratns or activities the CTTY will implement to increase recycling and
make pragress toward COL7NTY goals. The tertns of the Grant Appiication,as
updated each year, are incozporated herein by reference.
b. In adaition ta the services refened to above,the CITY agrees as follows:
1) Requests for Proposals and Contracts.
a.) If contracting for curbside recycling services,the CTTY shall require a
breakout of the following expenses when renewing or soliciting new
proposals ar bids for recycling services:
^� Containers—if provided by the hauler;
• Collection service;
+ Pracessing cost per ton;
+ Revenue sharing.
b.) The COUNTY recommends tha CITY request the following
infacmation in the Reqaest for PraposaVBzd or contxact:
* Destination of recyclable materials,including the facility name,
location,and end market;
• Monthly prices for recyclable materials by material typ�;
• Residue rates at the Materials Recovery Facility(MR�);
� Composition of residue,
2) Materials to be Callected. At a minimum,the CTTY shall collect the
following materials curbside:
a.) Newspaper and inserts;
b.) Cardboard�xes;
c.) Glass foad and beverage containers;
d.) Metal food and beverage cans;
e.) All plastic containers and lids,#1 —Polyethylene Terephthalate(PET,
PETE),#2 High Density Polyethylene{HDPE),#3—Vinyl Polyvin�l
Chloride(PVC),#4—Low Density Polyethylene(LDPE) and#5�-
Polypropylene{PP)plastic bottles,except those that previously
contained hazardous materials or motor oil;
f.) Magazines and catalogs;
g.) Cereat,cracker,past�, cake mix, shoe, gift, and e�ectronics boxes;
h.) Boxes from toothpaste,medications and other toiletries;
i,) Aseptic and gable-topped containers; and
j.) Mail,office and schoal papers:
3) Callection Methads. The C1TY shall use one of the following systems to
collect materials at the curb:
a.) Single sort system-ail materials combined in one container; or
b.) Dual sort system-glass, metai and plastie together with paper
separate.
If one of these twv systems is not currently in place,the CITY must submit a
p1<ua with their 2012 Gra.nt Applieation for converting to a single or dual sort
system by December 3l,2012. ff the CIT'Y is unable to meet this deadline, an
alternative implementation plan rnust be negotiated with and approved by the
2
COUNTY.The implementation plan will include the reasons why an
extension is needed,the projected timeline, and details about each step of the
process. The C1TY will also provide the COUN1'Y with updates to the plan as
implementation progresses.
4} Education and Outreach. The CITY shall:
a.) Use COi.TNTY terminology when describing recycling guidelines (i.e.
description of materials accepted and not accepted,preparation
guidelines,etc.)
b.) Use irnages provided by the CUUNTY or the Solid Waste
Management Cvordinating Board(SWMCB)if using images of
recyclables.
c.) Use the CUUNTY's terminology,preparation guidelines and irnages
on the CITY's website.
d.) Mail a recycling guide once a yeaz to residents using a template
developed jointly ttuvugh a commurucadons committee and prodaced
and printed by the COUNTY at the COUNTY's expense. If the CI'T'Y
does not want tn use ttie template produced by tha COiTNTY,the
CTTY rnay develop its own guide at the�unicipality's expense,but it
must be approved by the GOUNTY.ff the GITX relies on the hauler to
provide the recycling guide,this guide would also r�quire approval by
the COUNTY.
e.) Complete twa additiona!ed.ucation activities from a menu of aptions
developed by the communications committce to support the priority
message campaign. Templates will be provideci by the COLTNTY.
Any print material that cornmunicates residential recycling guidelines that
were not provided by the COUNTY template will rec�uire COUNTY
apgraval. l'his does not apply to waste reduction and reuse, articles on
recycling that da not include guidelines,and social media posts.The
COLTNTY will respond within five business days to any communication
piece submitted.
5) Use of Grant Funds.
a.) Grant funds can be used for all Recycling Program expenses including
capital and operating costs.Expenses associated with residential
collection of organics are considered eligible Recycling P�rogram
expenses. However,yard waste expenses are not eligible Recycling
Prc�g�am expenses. If organics and yard waste are cammingled,the
organics expenses must be tracked separately.
b.} All grant funds accepted from the CQUNTY must be used for
Recycling Pragram capital and operaring expenses in the year granted.
c.) The CITY may not charge its residents through property tax,utility
fees or any other method for that portion of the costs of its Recycling
Program funded by COUNTY grant funds.
d.) The CTTY shall establish a separate accounting mechanism, such as a
project number, activity number, or fund that will separate recycling
and waste reductian revenues and expenditures from other municipal
activities,including solid waste arid yard waste activities.
3
e.) Recycling and waste reduction activities,revenues, and expenditures
are subject to audit by the COLTNTY.
f.) The CTTY shall not retaxn any grant funds in excess af actual
Recycling Program expenses.
g.) If the C�'I'Y does not contract for curbside recycling services, the
CITY will receive grant funds provided that at Ieast ninety percent
(40%)of the grant funds are credited back to residents and the CTI'Y
meets all minirnum program requirements.The additional ten percent
(10%)may be used for CTTY administrative and prvmotional
expenses.
5) ReAartin,�Requirements.
a.) The CITY shall submit an annual recycling report to the COUNTY
utilizing the Re-TRAC web-based reporting system by February 15 of
each yeax. If the CTI'Y is unable to access the Re-TRAC system,the
CC?LTNTY must be contacted by February 1 to rnake arrangernents far
alternative filing of the required report.
b.) The CITX will not report residue as a part of recycling tannages. The
CIT�will make arrangements with its hauler to report residue
separately.
c.} The CITY shall annually measure t,he participatian rate in the curbside
Recycling Program during the month of Clctober. The rate will be
calculated by dividing the number of hauseholds setting out recycling
by the total number of households (accounts)with re�ycling service.
The participation rate will be reported in Re-TRAC.
d.) Ttze CITY shall submit an annual planning docurnent to the COUNTY
describing the programs or activitzes the CITY wiu implernent to
increase recycling and make progress toward COLTNTY goals.
e.) To help monitor progress,the CITY shall provide an update on
re�ycling tonnages and program activities to the COUNTY upon
request.The C1TY shall then provid�the quarterly tonnage report
received frorn xts haulers or make azrangements with the haulers to
send the information directly to tl�e COLTNTY.
7) Recyclin�Performance. On an annual basis,the CTTY shall demonstrate that
a reasonable effort has been made to maintazn and increase the average
amount of recyclables coll�ted�rom their residential Recycling Prograrn to at
least 725 pounds per household or achieve a minimurn reco�ery rate of 80%
by December 31,2015.Alternatively,if the CTTY has a method in place to
acceu�ately measure total waste generation(garbage and recycling),then the
CTTY may choase a 35%recycling rate as the performance standard.To
ensure the accuracy of data for these metrics the CITY will be re�uired,upon
request,to provide documentation on the methodology used to calculate
�rformance.To the extent practicable,the resnits should rely on actual data
rather than estimates.
Failure by the CTTY to demanstrate measureable progress towards one of
these goals will result i�the requirement that a Recycling Improvement Plan
be submitted by the CITY within 90 days of being natafied by the COUNTY.
The Recycling Improvement Plan rnust be negotiated with and approved by
4
the COUNTY.The Recycling Improvement Plan will include actions,the
Cl'I'Y will take to improve the performance of its Recycling Program to
achieve the 2015 goals.The plan will focus on program changes and
additianal activides in the followin�areas: materials collected, sort method,
type of container,frequency of collection,education and autreach,
performance measurement,contract management,and incentives.Funding
will be withheld until the CITY's Recycling Improvement Plan is approved by
the COITNTY.
In cooperation with the COLTNTY,the CITY may be required to participate in
waste and recycling sorts to identify recovery ievels of yarious recyclables in
their community.Based on the results of the study, the COUNTY and ihe
C1TY will collabora.te to increase the recovery of select recyclable materials
being discarded in significant quantities.
8) Public Enrity Recvcling. Pursua�nt to Minnesota Statutes, Sectian §115A.151,
the C1TY shall ensure that facilities under its control,from which mixed
municipaI solid waste is collected,have containers for at least three recyclable
materiais, such as,but not limited to,paper, gl.ass,plastic, and metal,and
transfer all recyclable materials collected to a recycler.
3. METHOD OF PAYMENT
a. T'he COUNTY will annualty distribute to Hennepin County municipaliries gcant
funds only to tfie extent the C(JIJNTY re�eives SCORE funds from the State of
Minnesota. SCORE funds are based on revenue received by the State of Minnesota frorn
a sales tax on garbage coIlectian and disposal fees. SCORE funds are subject to change.
based on actual revenue zeceived by the State and funds allocated by the legislature. The
following formula will be uti�ized to determine the CTTY's SC�RE grant for each year:
#af Honseholds Served
Curbside by CITY � Tatal SCtaRE Revenue _ Gnrant Funds
Received by COUNTY Distributed to
Total#of Households Served from State of Minnesota CITY
Curbside in COUNTY
b. Under no circumstances will the COUNTY's distribution of grant fiands exceed
the CITY's proportion of SCORE fund revenues received by the COUNTY.
c. The initial grant fund payment will be farwarded after the�Coanty Board receives
and approves this Agreement signed by an authorized off'icial af the CITY.
Frovided the CTTY is atherwise in compliance with the terms of this Agreement,
future grant fund payments will be made after submittal by the CTTY and
approval by the COLTNTY of the updated Crrant Application as descri�ed in
SecUon 2 and receigt by the COUNTY of SCORE funds fmm the State of
Minnesota.
d. Annual grant payments will be made to the CITY in two equal payments, One
payment will be made after the COUNTY receives the Grant Application,which
consists of the Re-TRAC repart and a planning document.A second payment will
5
be made after the report has been approved,measurable progress toward the 2015
gaal has been confirmed,and,i�necessary, a Recycling Improvement Ptan has
been approved by the COIJNTY.If the CITY mests the COUNTY requirements,
hoth payments will be made during the same calendar year.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY 4MITTED
5. INDEPENDENT CC1NTRACTOR
CITY shall select the means,method,and manner of performing the services. Nothing is
intended or should be construed as creating or establishing the relationship of a
partnership or a joint venture betvveen the parties or as constituting CITY as the agent,
representative,or employee of the CC�UNTY for any purpose. CITY is and shall remain
an independent contractor for all services performed under this Agreernent. CITY shall
secure at its own expense a11 personnel required in performing services under this
Agreement. Any personnel of CITY or other persons while engaged in the pecfonnance
of any work or services required by CITY will have no contractaal relatianship with the
COLTNTY and will not be considered employees of the COUNTY. The COUNTY shali
not be responsible for any claims that arise out of employment or alleged employment
under the Minnesvta Econoxnic Security Law or the Workers' Compensation Act of the
State of Minnesota an behalf of any personnel,including,wiWout limitation,claims of
discrimination against CTTY,its officers,agents,eontractars,nr employees. GiTY shall
defend,indernnify, and hold harmless che COUNTY,its officials,officars, agents,
valunteers,and employees from all such claims irrespective of any determination of any
pertinent tribunal,agency,board,commission, or court. Such personnel or other persons
shall neither require nor be entitled to any compensation,rights,or benefits af any kind
fram the COiJNTY,including,without limitation,tenure rights, medical and hospital
care, sick and vacation leave,Workers' Cornpensatian,Re-employment Compensation,
disability, sevecance pay, aud retirement benefits.
7, INDEMNIFICATION
C1TY agrees to defend, indemnify, and hold harmless the COUNTY,its officia�s,
officers, agents, voiunteers and employe-es from any liability,claims,causes af action,
judgrnents,damages,losses, casts, or expenses, including reasonable attamey's fees,
resulting directly or indireetly from a.ny act or omission of CITY, a subcontractor,anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or omissions
khey may be liable in the performance of the services required by this Agreement, and
against all loss by reason of the failure of CITY to perform any obligation under this
Agreeement.
$. INSURANCE
A. With respect to the services provided pursuant to tt�is Agreement,CTTY agrees at
aIl times during the term af this Agreement,and beyond such term when so
required,ta have and keep in force the following insurance caverages,eithex
under a self-insurauce pragrarn or purchased insurance:
6
Limits
l. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate $2,000,000
Products—�ampleted Operations Aggregate 2,0()0,(?QO
Persana!and Advertising Injury 1,SW,QQO
Each Occurrence—Combined Bodily
Injury and Property Damage 1,500,000
2. Workers' Compensation and Employer's Liability:
Workers' Compensation Statutory
Employer's Liability. Bodily injury by:
Accident Each Accident SOO,U00
Diseas�—Policy Limit SOO,IX?Q
Diseas�-Each Employee 500,000
3. Prafessivnal Liability—Per Clainn 1,50(1,0(}U
Aggregate 2,004,000
The prafessional liability insu.rance rnust be
maintained continuonsly far a period of two years
after the termination of this Agreement.
B. An umbrella or excess poiicy over primary liability insurance coverages is an
acceptable method to pmvide the re�uired insurance limits.
The above establishes minimum insurance rer�uirements. It is the sole
responsibility of CIT"Y to determine the need for and to procure additional
insurance which may be needed in connectian with this Agreement. Upon written
request,C1TY shall promptly submit copies of insurance policies to the
COUNTY.
CTTY sha.tl not commence work until it has obtained required insurance and filed
with the COUNTY, a properly executed Certificate of Iztsurance establishing
compiiance. The certificat�(s)must name Hennepin County as the certificate
holder and as an additional insured for the liability coverage{s)for aIl operations
covared under the Agreement. If the certif'icate form contains a certificate halder
notification provision,the certificate shall state that the insurer will endeavor to
mail the C{?UNTY 30 day prior wzitten notice in the event of cancellation of any
described policies. If CITY receives notice of cancellation&om an insurer,CTTY
shall fax or email a copy of the cancellation nodce to the COUNTY within two
business days.
CTI'Y shall furnish to the COUNTY updated certificates during the term of this
Agreement as insurance golicies expire. If CITY fails to fc�rnish proof of
insurance caverages,the COUNTY may withhoid payments ancUor pursue any
other right ar remedy allowed under the contract,lav�,equity, andlor statute. The
7
COUNTY does not waive any rights or assume any obligations by not strictly
enforcing the requirernents set forth in this section.
C. Duty to Notify. CPTY shall promptly notify the GOUNTY of any claim, action,
cause af action or litigation brought against CITY,its employees,officers, agents
or subcontractors,which arises out of the services contained in this Agreement.
CITY shall also notify the COUNTY whenever CTTY has a reasonable basis for
believing that CTTY and/or its employees,officers,agents or subcontractors,
and/or the COIJNTY,might become the subject of a claim, actiozi,cause of
action,criminal arrest,criminal charge or litigation arising out of and/or relate�i to
the services contained in tlus Agreeinent. Failure to provide the notices required
by this section is a material violation of the ternas and conditions of this
Agreement.
4. DATA PRACTICES
CITY,its officers, agents,owners,partners,employees, volunteers and subcontractors
shall abide by the provisions of the Minnesota Government Data P'ractices Act,
Minnesota Staxutes,Chagter 13 (MGDPA),the Health Insurance Portability and
Accountability Act(HIPAA) and implemendng regulations,if appZicable,and all other
applicable state and federal laws,rules,regulations and orders relating to data privacy or
conf'identiality. C1TY agrees to defend,indemnify and hold harmless the COLTNTY,its
officials,officers,agents,employees, and volunteers from any claims resulting from
CTTX's officers', agents',owners',partners',e�anployees',volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of such protected data,or other
noncompliance with the requirements of this section. CTI'Y agrees to promptly notify the
COUNTY if it becomes aware of any potential claims,or facts giving rise to such claims,
under the MGDPA. The terms of this secrion shall survive the cancellation or
termination of this Agreement.
10. RECC�RDS—AWAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.Q5,Subd. 5,CITY agrees
that the COITNTX,the State Auditor,or any of their anthorized representarives,at any
time during nornial business hours, and as often as they may reasonably deern necessary,
shall have access to and the right to examine,audit,excerpt,and t�ranscribe any books,
documents,pag�rs,recards,ete.,which are pertinent to the accounting practices and
procedures of C1TY and involve transacdons relating ta this Agreement. C1TY shall
maintain these materials and allow access during the period of Lhis Agreement and for six
(6)�ears after its termination or cancellat�on.
1 l. SUCCESSOKS.SUBCONTRACTING AND ASSIGNMENTS
A, CTTY binds itself, its partners, successors,assigns and legal representatives to the
COUNTY for all covenants,agreements and obligations contained in the contract
documents.
B. CTTY shall not assign,transfer or pledge this A,greement and/or the services to be
performed,whether in whole or in part,nor assign any monies due or to become
due to it withaut the prior written consent of the CUUNTY. A consent to assign
shall be subject to such conditions and grovisions as the COUNTY rr�ay deem
8
necessary,accomplished by execution of a form prepared by the COUN'i'Y and
signed by CTTY,the assignee and the C�UNTY. Fermission to assign,however,
shall under no circumstances retieve CTTY of its liabilities and obligatians under
the Agreement.
C. CIT'Y shall not subcontract this Agreement andlvr the services to be performed,
whether in whole or in part,without the prior written consent of the COUNTY.
Permission to subcontract,however,shall under no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further,CITY shall be fully
responsible for the acts,omissions,and failure of its subcontractars in the
perfom�ar►ce of the specified contractual services, and of person(s)directly or
indirectly employed by subcantractors. Contracts between CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with the terrns and conditions specified. CITY shall make contracts
between CITY and subcontractors avaiiable upon re�uest.
12. 1VIERGER AND MODIFICATION
A, It is understood and agreed that the entire Agreement between the parties is
eontained herein and that this Agreement sugersed.es a11 oral agreements and
negotiations between the parties relating to the subject matter, All items that are
referenced or that are attached aze incorporated and rnade a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items,the terms of this Agreement shall prevazl.
B. Any alterations,variations,modifications,or waivers of provisions of this
Agreement shall only be vaiid when they have been reduced to writing as an
amendment ta this Agreement signed by the parties.
13. DEFATJLT AND CANCELLATION
A. If CTTY fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement,it shall be
in default. Unless CITY's default is excused by the COUNTY,the COUNTX
may upon written notace immediately cancel this Agreement in its entirety.
Additionally,failure to camply with the terms of this Agreement shall be just
cause for the COCJNTY to delay payment unkil CITY's compliance. In the evenk
of a deaision to withhold payrnent,the COUNTY shall furnish prior written notice
to CTTY.
B. Notwithstanding any provision of this Agreement to the contrary,CTI'Y shall
remain liable to the COLTNTY for darnages sustained by the CUiTNTY by virtue
of any breach of this Agreement by CITY.
C. The above rernedies shall be in addition to any other right or remedy availabie to
the COUNTY under this Agreement,law, statute,rule,and/or equity.
D. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinqnishrnent or
waiver of the sarne,unless consented to in writing. Such consent shall not
9
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
E. This Agre�ment may be canceled with or without cause by either party upon
thirty (30)day written notice.
F, Upon early termination or cancellation of this Agreement,the CITY shall itemize
any and all grant funds expenditures up to the date of termination or cancellation
and return such grant funds not yet expended.
G. Upon wrltten notice,COUNTY may immediately suspend or cancel this
Agreement in the event any of the following occur: (i) COUNTY dves not obtain
anticipated funding from an outside source far this project; (ii)funding for this
project from an outside source is withdrawn,frozen, shut-dawn, is otherwise
made unavailable or COUNTY loses the outside funding for any ather reason;or
(iii)COLTNTY determines,in its sole discretion, that funding is,or has become,
insufficient. COUNTY is not obligated to pay for any services that aze provided
after notice and effective date of termination. In the event COUNTY cancels this
Agreement pursuant to the tecros in this paragraph 13(G),COLTNTY shall pay any
arnount due and payable prior to the notice of suspension or eancellation pursuant
to the terms herein�xcept that COLINTY shall not be obligated to pay any amaunt
as or far penalties,early termination fe�es, chazges,time and materials for services
not then performed,costs,expenses or profits on work done.
14. SURVIVAL C7F PROVISI()NS
Provisions that by their nat�re are intended to survive the term,cancellation or
terminativn of this Agreement inciude but are not lirnited to: INDEPENDENT
COh'TRAGTOR;INDEMNIFICATIQN; IlVSURANCE;DATA PRACTIGES;
REGORDS-AVAILABILITY/ACCESS;DEFAULT AND CANCELLATIQN;
PRQMOTIONAL LTiERATLJRE; and MINNESOTA LAW GOVERNS.
15. CONTRACT ADMINISTRATION
In order to coardinate the services of the CITY with the activities of the Department af
Environmental Services so as ta accomplish the purposes of this contract,Dave MeNary,
Solid Waste Division Manager,or his or her successor,shall manage this contract on
behalf of the CC?LTNTY and serve as liaison between�the COUNTY and the CTf'Y.
lb. COMPLIANCE AND NON-DEBARMENT CERTIFTCATION
A. CTTY shall comply with aIl applicable federal, state and local statutes,
regulations,rules and ordinances currently in force or later enacted.
B. CiTY shall comply with all applicable conditions of the specific referenced grant.
17. SUBCONTRACTOR PAYMENT
As required by Minnesota Statutes Section 471.425, Subd.4a,CITY shall pay any
subcantraetor within ten(10)days of CITY's receipt of payment from the COUNTY for
undisputed services provided by the subcontractor. CITY shall pay interest of lyz percent
1f)
per month or any part of a month to the subcontractor on any undisputed amount nat paid
on tirne to the subcontractor. The minimum month.ly interest penalty payment for an
unpaid balance of$104A0 or more is$10.04. For an unpaid halance of less than
$100.00, CITY shall pay the actual penalty due to the subcontractor. A subcontractor
who prevails in.a civil action to collect interest penalties from a prime contractor must be
awarded its costs and disbursements,including any attorney's fees,incurred in bringing
the actian.
18. PAPER RECYCLING
The COiJNTY encourages CI'I'Y to develop and implement an o�ce paper and
newsprint recycling program.
19. NOTICES
Any notice or demand which must be given or Triade by a party urzder this Agreement or
any statute or ordinance shail be in writing, and shall be sent registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Departnlent at the address given an the opening paragraph of the Agreement.
Notice to CITY sha11 be sent to the address stated in the opening paragraph of the
Agreement.
20. CONFLICT OF INTEREST
CITY af�irms that to the best af CITY's knowledge, CITY's involvement in this
Agreement does not resutt in a conflict of interest with any party or entity which may be
affected by the terms af this Agreement. CITY agrees that, should any canflict oz
patential conflict of interest become known to CITY, CITY will immediately notify the
COUNTY of the conflict or potential conflict, specifying the part of this Agreement
giving rise to the conflict or potential conflict,and will advise the COLTNTY whethez
CITY will or will not resign from the other engagement or representatian.
21. PROMOTIQNAL LITERATURE
CITY agrees, to the extent applicable, to abide by the current Hennepin County
Communications Policy{available upon request). This obligation includes,but is not
limited to, CITY not using the term"Hennepin County"or any derivative in any
promotional literature, advertisements of any type or form or client lists withou#the
express prior written consent af a COLTNTY Department Director or equivalent.
22. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and i�terpretations
concerning the validity and construction of this Agreement and the legal relatians
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation,however, in the federal courts involving tlie pa.rties will be in the
appropriate federal court within the Sta.te of Minnesota. If any�rovision of this
Agreement is held invalid, illegal or unenforceable,the rernaining provisions will not be
af�'ected.
Il
caulv��a� au•rxoR�zaTION
Reviewed by the County Attorney's COUNTY OF HENNEPIN
Office STATE OF MINNESOTA
By:
Assistant County Attorney Chair of Its County Boazd
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Richard P. Johnsan, County Administrator
Date;
By:
Assistant County Administrator,Public Works
Recommended for Ap�roval Date:
By:
Director,Department of Environmental Services
Date:
CITY OF GOLDEN VALLEY
CITY warrauts that the person who executed
this Agreement is authorized to do so on behalf of
CITY as required by applicable articles,
bylaws,xesolutions or ordinances.*
Signature:
Name(Printed)•
Title:
Date:
*CITY shall submit applicable documentation(articles,bylaws,resotutions or ordinances)that confirms the signatory's
delegation of authority. This documentation shatl be submitted at the rime CITY returns the Agreement to the COUNTY.
Documentation is not required far a so(e proprietorship.
12
L��� ��� ��.
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Finance Departrnent
763-593-8013/763-593-8109(fax)
;:��������� . . , � �9�a���� �,�:�� ��,::-=� �;:: °` ��;
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. J. Appointment of Deputy Registrar
Prepared By
Sue Virnig, Finance Director
Summary
As per State Statute the Council is required designate an official to be appointed as Deputy
Registrar. Meagan Weber has accepted the position of Deputy Registrar Supervisor and will begin
her duties on June 18. Although the Department of Motor Vehicle (DMV)will officially reopen in
August, this appointment will give her authority to carry on the duties of the position.
Attachments
• Resolution Appointing Deputy Registrar (1 page)
Recommended Action
Motion to adopt Resolution Appointing Deputy Registrar.
Resolution 12-45 June 5, 2012
Member introduced the following resolution and maved its adoption:
RESOLUTION APPOINTING DEPUTY REGISTRAR
WHEREAS, the City of Golden Valley is officially reopening the Motor Vehicle
Licensing Department; and
WHEREAS, pursuant to Minnesota Statutes Chapter 168.33 the City of Golden
Valley, Minnesota is required to appoint a Deputy Registrar; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that the City Gouncil appoints Meagan Weber as Deputy Registrar effective June
18, 2012.
Shepard M. Harris, 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 his signature attested by the City Clerk.
���� ���
Finance Department
763-593-8013/763-593-81 p9(fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
3. K. Appointing Absentee Ballot Board Election Judges for Primary Election
Prepared By
Sue Virnig, Finance Director
Summary
The City needs to appoint election judges to represent the Absentee Ballot Board. These election
judges will have the responsibility of accepting and rejecting absentee ballots based on the
criteria set by the State.
Hennepin County will approve judges that will be responsible for accepting/rejecting all in person
absentee ballots received at the Hennepin County Government Center counter. Those ballots
then will be sent to the City for counting.
Attachments
• Resolution Appointing Absentee Ballot Board Election Judges for August 14, 2012 Primary
Election (2 pages)
Recommended Action
Motion to adopt Resolution Appointing Absentee Ballot Board Election Judges for August 14,
2012 Primary Election.
Resolution 12-46 June 5, 2012
Member introduced the following resolution and moved its adoption:
RESOLUTION APPOINTING ABSENTEE BALLOT BOARD ELECTION JUDGES
FOR THE AUGUST 14, 2012 PRIMARY ELECTION
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as
election judges be appointed by the Council at least 25 days before the election; and
NOW ,THEREFORE, BE IT RESOLVED by the Golden Valley City Council that the
individuals named on Exhibit A, and on file in the office of the City Clerk be appointed as
the City of Golden Valley Absentee Ballot Board Election Judges for the August 14, 2012
Primary Election, and
BE IT FURTHER RESOLVED the Golden Vatley Gity Council also appoints other
individuals and all members appointed to the Hennepin County Absentee Ballot Board as
authorized under Minn. Stat. 2p4B.21, subd. 2 under the direction of the Election Manager
to serve as members of the Golden Valley Absentee Ballot Board; and
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any
substitutions ar additions as deemed necessary.
Shepard M. Harris, 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 fallowing voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.
Resolution 12-46 - Continued June 5, 2Q12
EXHIBIT A
City of Golden Valley Absentee Ballot Board
August 14, 2012 Primary Election
Bonnie Blake
Lynn Gitelis
Sandy Carlson
Sharon Steinman
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City Administration/Council
763-593-80031763-593-8109{fax)
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...:.� �m��� ,. ��:�: ������� _�=� . �,;
Executive Summary For Action
Golden Valley City Council Meeting
lune 5, 2012
Agenda Item
6. A. Set Dates for Human Rights Task Force Interviews
Prepared By
Thomas Burt, City Manager
Summary
As of June 1, staff has received nineteen applications from residents who wish to serve on the
Human Rights Commission Task Force. Staff is requesting the Council set at least two dates to
schedule interviews.
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Police Department
763-593-8079/763-593-8098(fax)
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Executive Summary For Action
Golden Valley City Council Meeting
June 5, 2012
Agenda Item
6. B. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor License
Renewals
Prepared By
Stacy A. Carlson, Chief of Police
1im Roberts, Sergeant
Summary
The following establishments have applied for renewal of their liquor licenses for the 2Q12-2013
license term. The applicants meet City Code and State requirements for the renewal of their
licenses.
Off-Sale
Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits
Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel
ZAOE, LLC. d/b/a MGM Liquor Warehouse
Adelemor, Inc. d/b/a United Liquors#2
JT1 Enterprises, LLC d/b/a Lakeridge Wine &Spirits
On-Sale and Sundav Sale
D'Amico Catering, LLC d/b/a Metropolitan Ballroom and Clubroom
GMRI, Inc. d/b/a Red Lobster
The Samurai, Inc. d/b/a Benihana
Golden Valley Country Club Inc. d/b/a Golden Valley Country Club
Webb Golden Valley LLC d/b/a Govd Day Cafe
Scoreboard, Inc. d/b/a J.J.'s Clubhouse
Cliff Corporation d/b/a Doolittles
Prom Management Group, Inc. d/b/a Prom Catering
Teresa's LLC d/b/a Teresa's Mexican Restaurant
Osaka Golden Valley Inc. d/b/a Osaka Sushi and Hibachi
Off-Sale, On-Sale and Sunday Sale
RZMP Corporation d/b/a Schuller's Tavern
Club On-Sale and Sundav Sale
Chester Bird American Legion Post#523
Wine On-Sale (includin�stron� beer) and Non-Intoxicatin� Malt Liquor
D'Amico and Sons, Inc. d/b/a D'Amico and Sons
The Noodle Shop Co. Colorado Inc. d/b/a Naodles & Company
Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger
Buon Amico Inc. d/b/a Piazza's Ristorante
Nong's Thai Cuisine LLC d/b/a Nong's Thai Cuisine
Recommended Action
Motion to approve the renewal of the respective liquor licenses for the applicants listed above
for the 2012-2013 license term.