04-04-17 CC Agenda Packet (entire)AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
April 4, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
C.Recognize City Attorney Allen Barnard for his Years of Service to the City of Golden
Valley
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no discussion
of these items unless a Council Member so requests in which event the item will be
removed from the general order of business and considered in its normal sequence on
the agenda.
A.Approval of Minutes - City Council Meeting March 21, 2017 2-4
B.Approval of City Check Register 5
C.Licenses:
1. Approve Requests for Beer and/or Wine at Brookview Park 6-8
D.Minutes:
1. Planning Commission - February 27 9-17
2. Special Planning Commission - March 13, 2017 18-23
3. Human Right Commission - December 27, 2016 24-26
4. Human Service Fund - February 13, 2017 27
5. Environmental Commission - February 27, 2017 28-29
6. Joint Water Commission - January 4, 2017 30-32
7. Bassett Creek Watershed Management Commission - January 19 and February
16, 2017
33-49
E.Bids and Quotes
1. Award Contract for the Public Safety Building HVAC System Upgrade Project No.
16-08
50
F.METRO Blue Line Extension - Business Advisory Council Appointments 51
4.PUBLIC HEARINGS
5.OLD BUSINESS
6.NEW BUSINESS
A.Authorization to Sign Amendment to Legal Services Agreement with Best & Flanagan 52-54
B.Announcement of Meetings
1. Future Draft Agendas: Council/Manager April 13, 2017, City Council April 20, 2017
and May 2, 2017
55-57
C.Mayor and Council Communications
7.ADJOURNMENT
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
GOLDEN VALLEY, MINNESOTA
March 21, 2017
1. CALL TO ORDER
Mayor Harris called the meeting to order at 6:30 pm.
1A. Pledge of Allegiance
1B. Roll Call
Present: Mayor Shep Harris, Council Members Joanie Clausen, Andy Snope and Steve
Schmidgall. Also present were: City Manager Cruikshank, City Attorney Garry and City Clerk
Luedke.
Absent: Council Member Larry Fonnest
2. ADDITIONS AND CORRECTIONS TO AGENDA
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
approve the agenda of March 21, 2017, as submitted and the motion carried.
3. APPROVAL OF CONSENT AGENDA
MOTION made by Council Member Clausen, seconded by Council Member Snope to approve
the consent agenda of March 21, 2017, as revised: removal of 3F-Adopt Resolution Restricting
Parking on Glenwood Avenue between Trunk Highway 55 and Trunk Highway 100 and the
motion carried.
3A.Approve Minutes of the City Council Meeting of March 7, 2017.
3B1. Approve City Check Register and authorize the payment of the bills as submitted.
3B2.Approve Housing and Redevelopment Authority Check Register and authorize the
payment of the bills as submitted.
3C1.Authorize the issuance of Refuse/Recycling Vehicle Licenses as recommended by staff.
3D.Accept for filing the Minutes of Boards and Commissions as follows:
1. Open Space and Recreation Commission - January 23, 2017
3E1.Authorize contract with GMH Asphalt Corporation, in the amount of $3,499,628.51
for the construction of the 2017 Pavement Management Program (PMP), City
Improvement Project No. 17-01, a contract with SEH, Inc. for observation, construction,
staking, and engineering services for the 2017 PMP, not to exceed $81,500 and the
purchase of fire hydrants from HD Supply Waterworks in the amount of $26,573.40.
3E2.Award the bid for the 2017 Crack Sealing Project to the lowest responsible bidder, Seal
Tech, Inc. for $37,500.
3F.Adopt Resolution 17-18, Restricting Parking on Glenwood Avenue between Trunk
Highway 55 and Trunk Highway 100.
3G.Authorize the City Manager to sign the Statement of Work Requested form between the
City and Xcel Energy in the amount of $413,497.22.
3H.Receive and file the February 2017 Financial Reports.
3I.Authorize an amendment to the professional engineering services agreement with SEH,
Inc., not to exceed the cost of $272,505.16.
3J.Authorize payment of change order #3 for the Brookview Project alternate #4 for
$44,221.
3K.Authorize the City Manager to sign the agreement with Xcel Energy for electrical
upgrades at Isaacson Park for a total expense of $33,333.34.
Unofficial City Council Minutes -2- March 21, 2017
3. ITEMS REMOVED FROM THE CONSENT AGENDA
3F. Adopt Resolution Supporting No Parking along Glenwood Avenue
City Engineer Oliver answered from Council regarding the restriction of parking on Glenwood
Avenue between Trunk Highways 55 and 100.
MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt
Resolution 17-18, restricting Parking on Glenwood Avenue between Trunk Highway 55 and
Trunk Highway 100 upon a vote being taken the following voted in favor of: Clausen, Harris,
Schmidgall and Snope, the following was absent: Fonnest, the following voted against: none
and the motion carried.
4. PUBLIC HEARINGS
4A. Public Hearing - Ordinance #620 - Amending Section 11.90: Administration
regarding the addition of a Youth Member to the Board of Zoning Appeals
Planning Manager Zimmerman presented the staff report and answered questions from
Council. Park and Recreation Director Birno answered questions from Council.
Mayor Harris opened the public hearing. No one came forward. Mayor Harris closed the public
hearing.
There was Council discussion regarding the addition of a youth member to the Board of Zoning
Appeals Commission.
MOTION made by Council Member Snope, seconded by Council Member Clausen to adopt
Ordinance #620 - Amending Section 11.90: Administration regarding the addition of a Youth
Member to the Board of Zoning Appeals upon a vote being taken the following voted in favor
of: Clausen, Harris, and Snope, the following was absent: Fonnest, the following voted against:
Schmidgall and the motion carried.
6. NEW BUSINESS
6A. Second Consideration Amendment of City Code regarding the Addition of a Youth
Member to Boards and Commissions
Finance Director Virnig presented the staff report. Park and Recreation Director Birno reviewed
the proposed mentorship program for the appointed youth members and answered questions
from Council. City Manager Cruikshank answered questions from Council.
There was Council discussion regarding the addition of youth members to the City’s Boards
and Commissions.
MOTION made by Council Member Clausen, seconded by Council Member Snope to adopt
second consideration,Ordinance #619, amending the City Code regarding the addition of a
Youth Member to Boards and Commissions and Section 2.57: Human Service Fund upon a
vote being taken the following voted in favor of: Clausen, Harris, and Snope, the following was
absent: Fonnest, the following voted against: Schmidgall and the motion carried.
MOTION made by Council Member Snope, seconded by Council Member Clausen to approve
the Summary of Ordinance #619 for Publication upon a vote being taken the following voted in
favor of: Clausen, Harris, and Snope, the following was absent: Fonnest, the following voted
against: Schmidgall and the motion carried.
Unofficial City Council Minutes -3- March 21, 2017
6A. Second Consideration Amendment of Code regarding Youth Member - continued
MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to
approve the following amended by-laws: Planning Commission, Open Space and Recreation
Commission, Human Rights Commission, Environmental Commission, Human Services Fund,
and Board of Zoning Appeals upon a vote being taken the following voted in favor of: Clausen,
Harris, and Snope, the following was absent: Fonnest, the following voted against: Schmidgall
and the motion carried.
6B. METRO Blue Line Extension Update
Planning Manager Zimmerman presented the staff report and answered questions from
Council.
There was Council discussion regarding the METRO Blue Line Extension update.
MOTION made by Council Member Clausen, seconded by Council Member Snope to receive
and file METRO Blue Line Extension Update and the motion carried.
6C. Announcement of Meetings
Some Council Members may attend the Golden Valley Business Council meeting on March 23,
2017, at Second Harvest Heartland located at 6325 Sandburg Road.
Some Council Members may attend the 32
nd Annual TwinWest Gala on March 24, 2017, from
6:30 to 11 pm at Target Field located at 1 Twins Way, Minneapolis.
Some Council Members may attend the Hennepin County Douglas Drive Open House on
March 28, 2017, from 5:30 to 7 pm in the Council Conference room.
The next City Council meeting will be held on April 4, 2017, at 6:30 pm.
6D. Mayor and Council Communication
Council Member Clausen encouraged everyone to sign up for the Run the Valley event on
April 29, 2017 at the Davis Community Center at Meadowbrook School.
Mayor Harris announced that current City Attorney Tom Garry will be leaving the law firm of
Best & Flanagan. Mayor Harris congratulated Mr. Garry on his new opportunity and presented
him with a city mug, shirt and pin. City Attorney Garry stated it has been an honor to work with
the Council and City Staff. Mayor Harris introduced the new City Attorney Maria Cisneros.
7.ADJOURNMENT
MOTION made by Council Member Schmidgall, seconded by Council Member Snope and the
motion carried to adjourn the meeting at 7:28 pm.
_______________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk
Executive Summary For Action
Golden Valley City Council Meeting
April 4, 2017
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of 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.
Executive Summary For Action
Golden Valley City Council Meeting
April 4, 2017
Agenda Item
3. C. 1. Approve Requests for Beer and/or Wine at Brookview Park
Prepared By
Kris Luedke, City Clerk
Summary
As per City Code Section 10.83, Subd. 2 I. “No person shall possess, display, consume or use
alcoholic beverages on any City park property, unless permission is granted by the Council.” As
part of the application process for a Facilities Use Permit to use the large and small picnic shelters
at Brookview Park the applicant has the option to pay an additional $30 to be able to serve beer
and/or wine. Attached is a list of the individuals and/or organizations who have requested that
option.
Attachments
•Beer and/or wine request list (2 pages)
Recommended Action
Motion to approve requests for beer and/or wine at Brookview Park as recommended by staff.
BEER AND/OR WINE REQUEST LIST
INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER
CC DATE
APPROVED
Mays, Isabella 05-05 11am-10pm Large 04-04-17
Mays, Isabella 05-05 11am-10pm Small 04-04-17
Jeps, Maerenn 05-06 11am-4 pm Large 04-04-17
Nelson, Lola 05-06 11am-4pm Small 04-04-17
Meyer, Kristin 05-17 11am-4pm Large 04-04-17
Smith, John 05-20 11am-4pm Large 04-04-17
Ego, Barbara 05-20 11am-4pm Small 04-04-17
Nimen, Cecelia 05-20 5pm-10pm Large 04-04-17
Piazza, Leslie 05-21 11am-4pm Large 04-04-17
Freeman, Mark 05-28 5pm-10pm Large 04-04-17
Kunde, Kimberly 05-29 11am-4pm Large 04-04-17
Beutner, Diana 06-01 11am-4pm Large 04-04-17
Pettis, Tonisha 06-03 11am-4pm Large 04-04-17
Mills, Jo 06-03 11am-4pm Small 04-04-17
Ahlbre, Kristine 06-03 5pm-10pm Large 04-04-17
Deputie, Laila 06-03 5pm-10pm Small 04-04-17
Albrecht, Alison 06-04 11am-4pm Large 04-04-17
Goldfarb, Karen 06-04 11am-4pm Small 04-04-17
Robles, Rene 06-04 5pm-10pm Large 04-04-17
Wanzek, Tricia 06-07 11am-4pm Small 04-04-17
Kastner, Nancy 06-07 5pm-10pm Large 04-04-17
Rollins, Hope 06-08 5pm-10pm Large 04-04-17
Curley, Shawn 06-09 5pm-10pm Small 04-04-17
Lowman, Tracy 06-10 11am-4pm Large 04-04-17
Knaeble, Peter 06-10 5pm-10pm Large 04-04-17
Besikof, Meira 06-13 5pm-10pm Large 04-04-17
Benson, Lowell 06-15 11am-4pm Large 04-04-17
Bethke, Kristen 06-16 11am-4pm Large 04-04-17
Linebaugh, Julia 06-16 5pm-10pm Large 04-04-17
Retish, Mark 06-17 11am-4pm Large 04-04-17
Jorgenson, Scott 06-17 11am-4pm Small 04-04-17
Melin, LeeAnn 06-17 5pm-10pm Large 04-04-17
Anderson, Carolyn 06-18 11am-4pm Large 04-04-17
Yassah, Kaffey 06-18 5pm-10pm Large 04-04-17
Marto, Michelle 06-20 11am-4pm Large 04-04-17
Julin, Paul 06-20 5pm-10pm Large 04-04-17
Kastner, Nancy 06-21 5pm-10pm Large 04-04-17
Davis, Ann-Marie 06-22 11am-10pm Large 04-04-17
Wright, Karen 06-23 5pm-10pm Large 04-04-17
Arteag, Martha 06-24 11am-10pm Small 04-04-17
Aldes, Andrea 06-24 11am-4pm Large 04-04-17
Christian, Melanie 06-24 5pm-10pm Large 04-04-17
Beacon, Joseph 06-25 11am-10pm Large 04-04-17
Willette, Grant 06-28 5pm-10pm Large 04-04-17
Mantey, Stella 07-01 11am-10pm Large 04-04-17
Rubin, Ceclia 07-04 11am-4pm Large 04-04-17
Mayfield, Kathryn 07-06 11am-10pm Large 04-04-17
Albrecht, Joann 07-08 11am-4pm Large 04-04-17
Dade, Madia 07-08 5pm-10pm Large 04-04-17
Cowan, Rusty 07-09 11am-4pm Large 04-04-17
Kastner, Nancy 07-12 5pm-10pm Large 04-04-17
Mag, Stephanie 07-15 11am-10pm Large 04-04-17
Tellewoy, Philip 07-16 11am-10pm Large 04-04-17
Kelly, Mike 07-16 11am-4pm Small 04-04-17
INDIVIDUAL OR ORGANIZATION DATE TIME SHELTER
CC DATE
APPROVED
Braun, Dorothy 07-20 5pm-10pm Small 04-04-17
Olson, Dale 07-22 11am-4pm Large 04-04-17
Crawford, Merridy 07-22 5pm-10pm Large 04-04-17
Gravd, Jennifer 07-22 5pm-10pm Small 04-04-17
Kastner, Nancy 07-26 5pm-10pm Large 04-04-17
Quist, Barb 07-27 11am-4pm Large 04-04-17
Dubre, Chelsea 07-29 11am-4pm Large 04-04-17
Segal, Faye 07-29 5pm-10pm Large 04-04-17
Tierney, Maria 07-30 11am-4pm Large 04-04-17
Wehye, Wehley 07-30 5pm-10pm Large 04-04-17
Mag, Stephanie 08-05 11am-4pm Large 04-04-17
Mokay, Wycliffe 08-05 5pm-10pm Small 04-04-17
Nordstrom, Duane 08-06 11am-4pm Large 04-04-17
Boland, Beverly 08-08 5pm-10pm Large 04-04-17
Kastner, Nancy 08-09 5pm-10pm Large 04-04-17
Silverman, Julie 08-11 5pm-10pm Large 04-04-17
McLean, Norma 08-12 11am-10pm Large 04-04-17
Anderson, Brittany 08-16 5pm-10pm Large 04-04-17
Elmquist, Marty 08-17 5pm-10pm Large 04-04-17
Kpakar, Melba 08-19 11am-10pm Large 04-04-17
Reinharz, Ethel 08-20 5pm-10pm Large 04-04-17
Kastner, Nancy 08-23 5pm-10pm Large 04-04-17
Rank, Emilee 08-24 11am-10pm Large 04-04-17
Jurek, Breann 08-25 5pm-10pm Large 04-04-17
Cooper, Robert 08-26 11am-10pm Large 04-04-17
Zarate, Jinnea 08-27 11am-4pm Small 04-04-17
Kastner, Nancy 09-06 5pm-10pm Large 04-04-17
Rasmuss, Ann 09-09 11am-10pm Large 04-04-17
Breunig, Molly 09-10 11am-4pm Large 04-04-17
Freeman, Sando 09-10 5pm-10pm Large 04-04-17
Freeman, Sando 09-10 5pm-10pm Small 04-04-17
Brown, Jeffrey 09-17 11am-4pm Large 04-04-17
Drenbe, Dave 09-23 11am-10pm Large 04-04-17
Regular Meeting of the
Golden Valley Planning Commission
February 27, 2017
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
February 27, 2017. Chair Segelbaum called the meeting to order at 7:04 pm.
Those present were Planning Commissioners Baker, Blum, Kluchka, Segelbaum, and
Waldhauser. Also present were Planning Manager Jason Zimmerman, Associate
Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
Commissioners Blenker and Johnson were absent.
1. Approval of Minutes
February 13, 2017, Regular Planning Commission Meeting
Waldhauser referred to the last sentence on page five and clarified that she thinks a teen
member would be better suited for the Planning Commission rather than the Board of
Zoning Appeals. Segelbaum added that he was concerned that a teen might not want to
participate in the entirety of Planning Commission meetings.
MOVED by Waldhauser, seconded by Baker and motion carried 2 to 2 to approve the
February 13, 2017, minutes with the above noted amendment. Commissioners Blum and
Kluchka abstained.
2. Informal Public Hearing – Zoning Code Text Amendment – Adding a Youth
Member to the Board of Zoning Appeals (BZA) – ZO00-110
Applicant: City of Golden Valley
Purpose: To consider language regarding the appointment of a youth member
to the Board of Zoning Appeals
Goellner stated that staff is recommending approval of the proposed amendments to
Section 11.90 of the Zoning Code regarding appointing a youth member to the Board of
Zoning Appeals (BZA) as a non-voting member. She noted that proposed amendments
to the Board’s bylaws and Section 2.50 of City Code which pertains to all of the City’s
boards and commissions will also be considered at the March 21, 2017 City Council
meeting.
Waldhauser asked if the BZA currently has four or five members. Goellner stated that
the BZA currently consists of four regular members and one rotating Planning
Commission representative. Waldhauser asked if the Planning Commission will be
reviewing the proposed language for other boards/commissions. Goellner said no and
explained that Section 2.50 of the City Code pertains to all of the boards and
commissions expect for the BZA which is part of the Zoning Code (Section 11.90) and
therefore has to have a public hearing before the Planning Commission.
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 2
Segelbaum asked if all of the boards and commissions will be getting a teen member.
Goellner said yes, that is the intention.
Segelbaum opened the public hearing.
Paula Pentel, 941 Angelo Drive, said she has served on the Planning Commission, the
City Council, and a representative on the BZA. She said she has some concerns about
this proposal. She stated that a youth member on the Open Space and Recreation
Commission, the Human Rights Commission, and the Environmental Commission
would be great but when she was on the City Council and interviewed people for boards
and commissions she was looking for people with some expertise particularly for the
BZA because they are making decisions that are very technical and binding. She said
while she was on the Council they tried to set up a youth committee with limited success
and she doesn’t know if a youth member would bring value to the BZA or if it would be
great for the student or the staff. She said she would rather have staff spending their
time on what is happening at the BZA with the applicants and the neighbors, and the
technical issues, not with a member who wouldn’t be voting but could be asking
questions. She reiterated that she just doesn’t see the value in having a youth member
on the BZA like she does for the other boards and commissions.
Segelbaum asked Pentel why she thinks a youth member would be more appropriate
for other boards and commissions versus the BZA. Pentel said the youth member may
not understand setbacks and variances and other things like hardships and unique
circumstances. She stated that BZA members are homeowners or are in the industry in
some way and they just understand variances more than others would. She reiterated
that having a youth member on other boards and commissions would be wonderful, just
not on the BZA who deal with a particular piece of property rather than long term goals
or initiatives like other boards or commissions.
Blum asked Pentel if she would change her mind if the age range was expanded, or if a
person’s knowledge could be demonstrated. Pentel said a person should be appointed
if they are 18 or older and they would be more useful as a seated member rather than a
figurehead. She added that she thinks it would be good for a youth member to observe,
but not to be appointed as a member.
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
hearing.
Kluchka referred to the fifth sentence in Section 11.90, Subd. A(1) and suggested it be
changed to read “All of the voting members of the Planning Commission are alternates
to the Board of Zoning Appeals.” He referred to the seventh sentence in that same
subdivision and suggested it be changed to read “At least one voting member of the
Planning Commission shall be present at each meeting of the Board of Zoning
Appeals.” He referred to Article III in the bylaws of the BZA and suggested the third
sentence be changed to read “A voting Planning Commissioner shall be the 5
th regular
member.”
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 3
Segelbaum said there are reference terms that are not consistent. For example, the
words member, regular member, and non-voting member. He proposed the language
be changed to state that the BZA includes six members total. Four regular members,
one youth non-voting member, and one Planning Commission member. He suggested
that the language also specify who is eligible for the different offices and various other
elements.
Waldhauser said she appreciates Pentel’s point of view and history with all of the
boards and commissions. She said she shares her concerns about having a youth
member on the BZA because that board needs people who have an investment and
stake in the community which a youth member might have, but there may be a fleeting
commitment. She said she also thinks homeowners need quick decisions about their
variance proposals so they can move on and the BZA is not there to provide a broad
community building service, their role is more narrowly defined.
Baker asked if the BZA is the only appointed board that is not advisory. Zimmerman
said yes. Baker said his biggest concern is that the BZA is a decision making board and
he doesn’t feel comfortable having a youth member as a part of that dynamic.
Segelbaum asked Baker if he would feel more comfortable if the youth member didn’t sit
at the dais with the rest of the board. Baker said he thinks that would be better, but then
they are not participating in the same way and it just doesn’t feel right to have a youth
member on the BZA. He added that he would be willing to consider having a teen
member on the Planning Commission, but he thinks it would be great to have a teen
member on other commissions like the Environmental Commission or the Open Space
and Recreation Commission.
Blum suggested offering an internship opportunity for youth with staff instead.
Zimmerman stated that the City does have an internship program for college students
and graduate students and they typically cover Planning Commission and BZA
meetings. Goellner added that teens are also employed in the Park and Recreation
Department.
Kluchka said he likes it when youth and teens give input and feedback, but sometimes
background information isn’t articulated during discussions and a lot of time might be
spent going backwards in trying to bring someone up to speed. He stated that as much
as he values youth input he thinks in a formal environment like the BZA, it would upset
the apple cart to bring in a person who is underage and may not have any background
to present to the conversation, and to be in front of people when they don’t know what
they are talking about could be problematic. He added that BZA meetings can be
contentious and it might get uncomfortable for a youth member so he would be opposed
to having a youth member on the BZA, but incrementally less opposed to having a
youth member on the Planning Commission. He referred to the BZA bylaws and
proposed that instead of saying that a youth member shall be enrolled in grades 9
through 12, it should state that nobody under age 13 will be considered so there is no
confusion.
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 4
Segelbaum said he understands the goal is to get youth involved but his view is that a
youth member would be ok if they are in a designated observer position and if questions
could be asked ahead of meetings, after meetings, or discussed with staff. Kluchka
questioned the value of having a designated observer. He said he is concerned about
the staff time involved in training someone every year or more because he doesn’t
expect a youth member to participate consistently. He reiterated that he doesn’t think
there is a role for a teen member on the BZA and questioned what problem is trying to
be solved by this proposal.
Waldhauser said she doesn’t have a problem with teens being involved and having the
experience for their resumes, but it won’t be helpful if they don’t make a contribution so
she wouldn’t be interested in having a designated observer who has no way to
contribute or participate.
Kluchka suggested having board and commission members be mentors to a group of
youth members instead. That way the youth members could get background information
from the various commissioners and rotate through other boards and commissions in
order to provide a better civic engagement opportunity. Segelbaum asked Kluchka if he
thinks the BZA should be included. Kluchka said no, but he would like to bring someone
he is mentoring to his assigned BZA meeting with him.
Segelbaum questioned if there might be a way to designate interested teens as a junior
commissioner or something other than a member. He said he also likes the idea of
having a mentorship or a designated observer that doesn’t take a lot of staff time.
MOVED by Baker, seconded by Kluchka and motion carried unanimously to
recommend disapproval of the amendments to Section 11.90 of the Zoning Code
adding language regarding the appointment of a youth member to the Board of Zoning
Appeals.
--Short Recess--
3. Discussion – Height and Average Grade
Zimmerman stated that staff is looking for some clarity regarding the regulations for height
and average grade. He explained that the four topics he would like to discuss include:
using average grade to set the base for measuring the height of homes; the need for
flexibility in the current limit of a one-foot increase in average grade from an old house to
a new house; potential revisions to height limits for flat roofed homes; and relocating the
language regarding average grade regulations from the definition section of the Zoning
Code to the individual zoning districts.
Zimmerman referred to a picture of a house plan and explained that the “base” of a
structure’s height is determined by taking a measurement along the street side of a
structure at three points of elevation (two corners and one midpoint) where the grade
meets the structure. He added that more points of elevation (five) are used if the property
is a corner lot.
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 5
Segelbaum asked if the average grade is always measured at the front of a lot.
Zimmerman said yes, average grade is measured on the street side of a property. He
showed the Commission several photos of properties and noted where the average grade
is located.
Baker asked why average grade measurements aren’t taken at points all the way around
a house. Zimmerman stated that most cities measure from the street side because
generally the street is fairly level and there is a uniform street presence whereas back
yards can have very different topography with walk-out homes, etc. He noted that a lot of
work regarding height was done as part of the in-fill study in 2008 and the system is
working well for establishing the base line. The problem really is in the current limit of
allowing only a one foot increase in average grade when homes are demolished and new
homes are built. Also, there isn’t much historic information available when determining the
average grade on vacant lots.
Segelbaum asked if it is up to the applicant to prove that their proposed average grade
meets the Code requirements. Zimmerman explained that the Code states that the
average grade has to be established at the time of subdivision. He stated that there are a
number of lots in the City that haven’t had the grade established. He explained that with
tear downs and replacements the proposed survey will typically list the elevation of the
finished floor, the garage floor, and/or the top of block, but the City is unlikely to have the
average grade information for homes that were demolished so it is difficult to evaluate if
the average grade of a new home is no more than one foot over the average grade of the
home that was removed. He added that the language regarding the one foot limit causes
additional challenges because there are times when the grade needs to be raised more
than one foot to get proper drainage, proper driveway grade, and proper slope for sanitary
sewer lines.
Zimmerman stated that the Planning Commission recommended allowing for flexibility in
average grade in 2009. That recommendation was tabled at the City Council and died. He
referred to Edina’s code and stated that they measure height based on the average
ground elevation at the front building line to the highest point of the roof and that the
ground elevation is the lowest of either the grade approved at subdivision, the grade at
the time of last demolition, or the grade at the time of building permit application. He
stated other codes offer flexibility by limiting elevation to one foot over the existing first
floor elevation, or requiring a variance if more than a one foot change is needed to meet
flood standards, protection against ground water intrusion, is needed to meet building or
other codes, or if it remains in character with the neighborhood (height, mass, and scale).
Segelbaum asked if the advantage of measuring from the existing first floor elevation is
so that someone can build a really tall structure by digging into their lot in order to bring
down the average grade. Zimmerman stated that measuring from the first floor elevation
would bring the average up. Waldhauser added that part of the issue when the Planning
Commission studied this in the past was people bringing in a lot of dirt and creating an
artificial grade and building on top of that.
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 6
Baker said his main concern has always been about the overall height of a house and he
wants to avoid creating loopholes in the Code. He said it seems to him that the one foot
rule avoids opportunity to build a taller house. Zimmerman stated that the current code
makes it difficult when the grade has to be raised more than one foot to get the drainage
to work properly. Waldhauser noted that the one foot rule can be a problem if an existing
house was built below the level of the street because if someone wants to redevelop a
property they can’t because they wouldn’t be allowed to raise the grade more than one
foot over the previous grade. Baker said the City has a tendency to want to make every
lot buildable. It is really a buyer beware situation because not every lot in Golden Valley is
buildable. He said he doesn’t want to change the character of neighborhoods or the flow
of water because someone has to change the grade so much in order to make a new
house work. Kluchka questioned if the grade in backyards should also be considered.
Zimmerman stated that the feedback he is looking for is if the City should keep using
average grade to establish height, if additional information should be required before
demolitions occur, if the City should move forward with allowing some flexibility in
increasing average height beyond one foot when necessary, if that increase should be
allowed only through the variance process, and what the standards should be.
Waldhauser suggested that the language state that there should be no increase allowed
over what is necessary to meet current building standards. Then there would be no need
for the one foot rule because if the previous house was fine, the new grade should not
need to be raised. Baker said he thinks a cap needs to be placed on how much the grade
of a lot can be changed.
Blum said the proposed language seems broad and subject to interpretation. He said he
is concerned about consistency issues and he thinks there needs to be concrete numbers
to avoid getting results that they can’t foresee. Zimmerman said he thinks some threshold
regarding grade needs to be established, there needs to be some flexibility, and anything
beyond that would require a variance. Kluchka said he agrees with Blum that there is a
consistency issue. He said he thinks if the grade is changed at all a variance should be
required because then there would be a quality check, more than one person would be
reviewing plans, and the rules would not be misinterpreted. Segelbaum said he thinks the
City Engineer can make a much more precise determination than the BZA could. He said
he would like to see staff have some leeway before a variance is required. Baker said he
is surprised the current system isn’t working because anyone can go to the BZA and ask
for a variance. He said he doesn’t want to give staff leeway because it might put them in
an awkward position of having to decide how a person’s home is designed. He added that
the one foot rule takes care of about 80% of the issues and the rest might need to ask for
a variance. He said he is not convinced that the average grade language needs to
change.
Waldhauser asked if the BZA has approved any variances regarding grade changes.
Zimmerman said there was one request approved last year. More often, proposals have
either not needed to go to the BZA, or the applicants change their house or grading plans
instead. He stated that the issues with grading are going to happen more and more with
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 7
teardowns and that the City has lots that are low and the grade of these lots need to
change in order to make drainage work properly.
Blum said one thing that is giving him pause in regard to granting more flexibility in height
is light blockage and aesthetic issues. He suggested maybe tying flexibility in grading to
greater setbacks or lot size which would mitigate light loss issues and would allow people
to build the type of home they want to build. Baker reiterated that his main concern is
building height and he doesn’t want grade to be used as an excuse to build a taller house.
Kluchka said he likes the idea of the building envelope staying the same. He said the
grade could change to address drainage issues, but the building envelope and height
could start where they always have which gets into the issue of depth which they haven’t
discussed before.
Zimmerman next referred to the issue of flat roofed houses. He explained that the current
height limit for a flat roof is 25 feet. Pitched roofs can be 28 feet tall at the midpoint of the
highest pitched roof, and there is no overall maximum height limit. He referred to the new
“tent shaped” building envelope regulations and explained that those regulations prevent
flat roofs from rising above 15 feet at the side yard setback line so he questions if it may
be time to consider increasing the height limit for flat roofs. He showed the Commission a
plan of a house that recently received a variance to allow for a penthouse/elevator access
area on top of a flat roofed house. The overall height of that house will be 28.5 feet and
would be within the building envelope if it were a pitched roof house. He asked the
Commissioners for feedback on the following questions: should the 25 foot flat roof height
limit be modified, what would be the appropriate height, should the City allow rooftop
stair/elevator access, and should a maximum overall height be imposed on pitched roof
structures.
Baker said the questions imply that the way pitched roofs are measured is right and that
the way flat roofs are measured isn’t. He asked if using an overall maximum height
instead of measuring height at the midpoint level would be more fair. Zimmerman said it is
not really a question of fairness, it is if the City wants to allow rooftop access on flat
roofed houses.
Blum asked if this is about preventing a third story. Zimmerman said no, it’s about
keeping heights down and not having one home towering over a neighboring home. Blum
asked if there is room for flexibility while still addressing concerns about light and distance
between homes yet still respecting different types of home designs. Zimmerman said the
“tent-shaped” method of determining the building envelope addresses that, but staff has
realized that it is penalizing flat roof homes. Blum suggested allowing additional height for
flat roofed homes, but then making the side setbacks bigger.
Kluchka said he would recommend using the “tent-shaped” building envelope for every
house regardless of the type of roof. The envelope is specific to light and the space
between homes and not specific to height. Waldhauser said the concern is that a tall,
blockish, flat-roofed house could be built which has living space taking the place of roof
space. Segelbaum agreed that the living space and roof top space in a flat roofed house
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 8
could look down on a neighboring house instead of there just being roof space.
Waldhauser added that living space could also be added in pitched roof areas with
dormers.
Baker said the issue isn’t just about light and space between houses; it is about massing
and he doesn’t want to encourage massing. He said doesn’t object to a variety in the
housing stock and various heights but he thinks not having a cap on the overall maximum
height limit could allow people to connive their way in to building a super tall house.
Kluchka said there are practical limits in building something that tall and that the “tent
shaped” building envelope already limits the massing. Goellner reiterated that if the roof in
the example that Zimmerman showed would have been slightly pitched instead of flat the
owners would not have needed a variance at all. She added that it is an issue of clarifying
a discrepancy in the existing code because one section of the Code has building
envelope requirements and in another section it has height requirements. Baker said he
has concerns about allowing rooftop access rooms.
Segelbaum asked if all of staff’s questions from the presentation have been addressed.
He said he thinks there should be some flexibility to allow the City Engineer to raise the
grade a little bit when necessary with some sort of trade off, and there should be the
possibility for homeowners to go to the BZA when needed. Zimmerman said that average
grade issues can get very technical and he’s not sure if the BZA has those technical
skills. Goellner explained that plans sometimes change after they are reviewed at the
planning level and that the Engineering Division reviews the stormwater and grading
during the building permit process so she thinks staff needs a little more flexibility.
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
5. Other Business
•Review Planning Commission Annual Report
Zimmerman reminded the Commission that he sent them an email regarding their
Annual Report and stated that they are scheduled to present at the Council/Manager
meeting in May.
•Council Liaison Report
No report was given.
6. Adjournment
The meeting was adjourned at 9 pm.
Minutes of the Golden Valley Planning Commission
February 27, 2017
Page 9
__________________________________________________________
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Special Meeting of the
Golden Valley Planning Commission
March 13, 2017
A Special meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
March 13, 2017. Chair Segelbaum called the meeting to order at 6:35 pm.
Those present were Planning Commissioners Baker, Blenker, Blum, Johnson,
Segelbaum, and Waldhauser. Also present were Planning Manager Jason Zimmerman,
Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa
Wittman. Commissioner Kluchka was absent.
1. 6–6:30 pm: Open House (Land Use)
2. 6:30–7:30 pm: Presentation and Discussion (Land Use)
Zimmerman explained that the purpose of this meeting is to provide a check-in on the
Comprehensive Plan (Comp Plan) Update process and to review the 2030 Comp Plan
goals, discuss the proposed 2040 goals, and discuss future land use maps. He stated
that there will be a “Comp Plan Conversation” open house and presentation/discussion
from March through August on the second Monday of the month to discuss each section
of the Comp Plan.
Zimmerman discussed some of the themes in the Comp Plan including: supporting a
dynamic town center, showcasing Golden Valley as a “green” community, emphasizing all
aspects of a multi-modal transportation system, striving to be inclusive with population
and housing, and making important investments in infrastructure.
Zimmerman referred to the land use goals in the 2030 Comp Plan and explained that
instead of nine goals, the 2040 Comp Plan has six goals which are: create a complete
community, minimize conflicts and impacts of change, promote high quality development,
prepare for targeted redevelopment, protect the environment, and support improved
health through active living.
Zimmerman reviewed the 2030 land use goals, including the objectives and policies for
each goal and if they have been successful. He then discussed each of the 2040 land use
goals and objectives proposed for this Comp Plan update and asked the Commission to
think about any missing goals, and how the City is doing on meeting the goals moving
forward.
Segelbaum noted that the number of goals has been reduced from the 2030 Comp Plan
to the 2040 Comp Plan and asked about the ones that have been removed or scaled
back significantly. Zimmerman stated that two of the goals from the 2030 plan have been
combined in the 2040 Plan update, one was moved to another chapter, and one goal
regarding accommodation of regional needs has been removed because Golden Valley
has already contributed more than what is needed to accommodate the population
estimates set by the Metropolitan Council. Waldhauser said she thinks consolidating
some of the goals makes sense.
Minutes of the Golden Valley Planning Commission
March 13, 2017
Page 2
Segelbaum asked about the ability for the public to make comments. Zimmerman said
residents can comment at these Comp Plan Conversation meetings, they can fill out
comment cards, they can submit comments through the Comp Plan page on the City’s
website, or they can e-mail, call, or stop by City Hall and talk to staff. He added that the
goals and objectives they’ve discussed will be refined as the update process moves
forward.
Segelbaum asked how the land use maps and the goals are tied together. Zimmerman
stated that some goals are meant to be used city-wide like the active living goals and
others are more specifically related to where the City thinks change will happen or where
there is an opportunity to implement a specific goal.
Johnson stated that one way to meet the goals is to use words like “encourage” and
“consider” and another way is to require certain objectives to meet the goals and maybe
justify a waiver if the objectives can’t be met. Zimmerman said both will be used once
implementation of the goals is started. He added that other things such as bonuses can
be built in to encourage various things as well.
Baker said he is struck by the amount being retained. He said a lot has changed over the
last 10 years and there needs to be more that is new and different in the Comp Plan with
fresh policies to reach the goals. Zimmerman explained that the policies and
implementation piece haven’t been written yet. He added that when the Comp Plan was
updated 10 years ago there was a lot of work and visioning done at that time and that this
revision is meant to be an update to that and a chance to revisit the goals and policies.
Baker said it would be good to review the Envision Golden Valley document that was
produced during the last Comp Plan update. Zimmerman agreed.
Segelbaum opened the meeting to public comments.
Wendy Rubinyi, 1325 Maryland Avenue North, said she appreciates the pared-down
goals but she wants to talk about the goal regarding preparing for targeted
redevelopment. She said she knows the Metropolitan Council has said that the City needs
to plan for seniors and that Golden Valley is an older community, but she thinks the future
is in attracting new and younger populations and families and not just senior housing. She
said the area of Douglas Drive and Highway 55 where there is an empty office building
would be wonderful for artist studios and artist shops with a brewery or distillery and it is
right by a bike path. She said when talking about targeted redevelopment we should be
broader in our thinking.
Helene Johnson, 240 Kentucky Avenue North, said there are some areas in the themes
that are really important but are not reflected in the goals or conversations. She said one
example is diversity and inclusiveness because she thinks there is about 9% of the
population in Golden Valley who were born in another country but she doesn’t know
where diversity and inclusiveness fits within the goals. She said she is delighted that it is
in the overall theme, but it is not prominent enough in the information she has seen.
Randy Anderson, 5625 Lindsay Street, said the City needs more entertainment options
and family restaurants because he and his wife often travel outside of Golden Valley to
Minutes of the Golden Valley Planning Commission
March 13, 2017
Page 3
spend money and he would like to spend money in Golden Valley. He said there are a lot
of old buildings in the City and he would like to see some new uses incorporated as well.
Segelbaum stated that the Planning Commission has discussed this issue in the past and
noted that restaurants have to be in the right location and not in the midst of a single
family neighborhood where it would be disruptive. Waldhauser asked Anderson if he was
referring to restaurants that are somewhere between fast food and more upscale.
Anderson said he likes family-type restaurants like Jake’s, Applebee’s, or Chili’s for
example.
Marti Micks, 90 Louisiana Avenue South, said there are several restaurants in Golden
Valley like Doolittles, New Bohemia, D’Amicos, Pancheros, Benihana, among others. She
asked if any developers have come to the City with ideas for life-cycle housing. She said
she would like to downsize but not to an apartment. She would like a smaller house with
first floor bedrooms. Segelbaum stated that part of this process is to zone areas properly
to encourage that sort of development. Micks suggested the southeast corner of
Winnetka and Highway 55.
Zimmerman stated that staff has talked to developers and has been trying to push them
to consider more senior housing options.
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
comment period.
Goellner discussed the proposed 2040 land use categories which include: Residential
Low Intensity, Residential Moderate Intensity, Residential Medium Intensity, Residential
High Intensity, Office, Commercial, Light industrial, Industrial, Open Space, and
Institutional. She added that staff is also considering two types of Commercial districts.
One would be Regional Commercial where people would come from all over the metro
area like an auto dealership or a big-box retail store. The other type of Commercial district
would be Local Commercial that would fit into a smaller property and people could walk to
them. She stated that staff would like feedback regarding the two types of Commercial
districts and whether or not there should be Mixed Use districts in other parts of the City
including Mixed Use Residential and Mixed Use Non-Residential districts.
Zimmerman referred to the 2030 Land Use Map and pointed out areas that are likely to
change or have an opportunity for some change. These areas include: the Douglas
Drive/Duluth Street District, the Golden Valley Road Light Rail Station Area, the I-394
Corridor District, and the Downtown West District.
Zimmerman discussed the existing I-394 Corridor and Douglas Drive District principles
which include: improve connectivity and functionality for all transportation modes, enable
the corridor to maintain a diverse mix of land uses, including residential, commercial, and
industrial activities, maximize integration rather than separation of land uses where
appropriate, maintain the corridor as an employment center, improve the visual
coherence and attractiveness of the corridor, foster neighborhood-serving retail and
services, and encourage and facilitate sustainable development and work to establish a
balance between urban and natural systems. He referred to a map of the I-394 Corridor
Minutes of the Golden Valley Planning Commission
March 13, 2017
Page 4
District and explained that many of the parcels in that area are not likely to redevelop. He
said staff would like feedback on what uses the Commissioners would like to encourage
and what uses they might like to prohibit in these areas.
Waldhauser stated that the areas highlighted as likely to change are not surprising except
for the properties north of Laurel Avenue. She asked if the City has an inkling that change
might come sooner than later. Zimmerman stated that Speak the Word Church has said
they have land in Plymouth, and the City won’t know about the fire station property until
after the outcome of the fire study.
Blenker asked about the status of the Industrial properties in the I-394 Corridor District
and whether some are not being used, or are underutilized. Zimmerman said there is a
full range of Industrial properties, some have been there a long time and others have not
so the City needs to be clear about what it wants and doesn’t want to see in this area.
Baker said the City was hopeful when the I-394 Corridor study was done, but he thinks it
would be wise to put the efforts where there is a larger opportunity and to back away from
this area and focus elsewhere. Segelbaum agreed that this area seems less important
than others.
Waldhauser said she thinks there are some opportunities on the west end of the I-394
Corridor, south of Laurel Avenue for mixed uses with a heavy residential component. She
stated that the City doesn’t have a lot of intergenerational housing areas and local
services, restaurants, coffee shops, etc. could be included. Zimmerman noted that there
could be mixed used blocks or sub-districts in the I-394 Corridor, but there probably won’t
be as tightly mixed use buildings as once envisioned.
Goellner referred to the proposed Douglas Drive/Duluth Street District and stated that the
north half of Douglas Drive could be a good area for townhomes or life-cycle housing with
more intensity where Douglas Drive crosses Duluth Street. The south half of Douglas
Drive could be good for higher intensity residential and the south end of the corridor
where the former Optum building is located might be a good opportunity for a mixture of
uses which could include residential, but would more likely be employment uses because
of its proximity to Highway 55.
Segelbaum noted that the 2030 Comp Plan had a Douglas Drive District and asked how
the proposed 2040 Douglas Drive District has changed from that one. Goellner said the
proposed 2040 map has slight changes. Some duplexes on Duluth Street were included,
the Optum site was included, and the Edgewood area west of Douglas Drive was
removed from the map. Zimmerman added that many of the properties in the north half of
Douglas Drive have access on Douglas Drive, whereas many in the south half have
access on side streets which have less incentive to change. Segelbaum asked if
homeowners in the north half should be concerned. Zimmerman said the City would not
buy properties, but may consider rezoning some properties in order to provide more
opportunities over time. He added that if that is the direction the City takes homeowners
would be engaged in the process.
Minutes of the Golden Valley Planning Commission
March 13, 2017
Page 5
Waldhauser referred to the Douglas Drive Study and said one feature of that study was
an area bounded by Duluth Street, Golden Valley Road, Douglas Drive and Highway 100
that called for development of a pedestrian greenway through the area as opportunities
arose, so pedestrians didn’t have to go all the way up Golden Valley Road to the Highway
100 frontage, or all the way up Douglas Drive and down Golden Valley Road to get to the
retail area at Duluth Street and Highway 100. She said she hopes that greenway proposal
can stay in the plans because it would help that area seem less cut off from the rest of the
City.
Baker asked if there is any indication of the MnDOT site being vacated. Zimmerman said
there has been no indication of vacating, but they could maybe consolidate. He said he
could reach out to MnDOT and discuss their long term needs.
Segelbaum opened the meeting to public comments.
Ric Lager, 6306 Golden Valley Road, referred to the vacant parcel he owns on Douglas
Drive and asked staff what they think the best use is for that property. Goellner said she
thinks residential use would be the best. Zimmerman said that property could be used as
a buffer for the house to the west and is currently zoned Single-Family Residential. Lager
stated that an easement took 1,400 square feet of this vacant parcel and it is still a
buildable lot. He referred to a similar-sized lot across the street on Phoenix Street and
asked if the City has ever considered allowing tiny houses or something similar that will
increase density. Segelbaum asked if this vacant lot is within the boundaries of the
proposed Douglas Drive/Duluth Street District. Zimmerman stated that it is outside of the
boundary but that doesn’t mean it can’t be redeveloped, it is just not a property staff is
concentrating on. Segelbaum asked Lager if he thinks the boundary should be moved
further to the west. Lager said there are two pieces of property on Douglas and Phoenix
that are, according to the proposed map, undeveloped and he wants to know what the
professionals think about it.
Marti Micks, 90 Louisiana Avenue South, said she wants the City to require buffers and
green space. She stated that there is a big buffer with ponds near her house and she
doesn’t even realize that she is near industrial property because of these buffers. She
added that she wants to maintain the beauty of the green space and not just have an
asphalt jungle. Segelbaum agreed that buffers and green space need to be a high priority.
Johnson stated that language in the plan “requiring” versus “considering” can help drive
that goal.
Wendy Rubinyi, 1325 Maryland Avenue North, said she wants to point out that the City is
looking at an aging housing stock. Inevitably, houses will be demolished and mini-
mansions will be built. She said she wants to make sure that during this planning the City
is considering how it is zoning the housing and the policies in the residential areas. She
suggested allowing lot splits with smaller, not huge, houses and to consider how we’re
moving forward with the housing stock. Segelbaum agreed that is something the Planning
Commission feels is important.
Minutes of the Golden Valley Planning Commission
March 13, 2017
Page 6
Seeing and hearing no one else wishing to comment, Segelbaum closed the public
comment period.
Zimmerman stated that at the next Planning Commission meeting on March 27 they will
discuss the remaining land use maps which include the Downtown West map, the Golden
Valley Road Light Rail Station Area map, and various “clean up” areas. They will also
revisit the 2040 Goals and Land Use categories. Waldhauser said she would like to have
an opportunity to talk about the goals and the details at a more micro-level soon.
3. Adjournment
The meeting was adjourned at 7:48 pm.
__________________________________________________________
John Kluchka, Secretary Lisa Wittman, Administrative Assistant
Human Rights Commission December 27, 2016
Meeting Minutes Page 1 of 3
MINUTES
Human Rights Commission (HRC)
Golden Valley City Hall
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Manager’s Conference Room
December 27, 2016
Commissioners present:Adam Buttress, Co-Chair
Jonathan Burris, Co-Chair
Teresa Martin
Gloria Peck
Kyle Pettersen-Scott
Andrew Ramlet
Commissioners absent:Hattie Bonds
Guests:Kathy Czech, Bill Czech
Staff:Chantell Knauss, Assistant City Manager
The meeting was convened at 6:41 pm by Co-Chair Buttress.
APPROVAL OF AGENDA
Motion and second to approve the agenda with the additions of: Racial Equity Resource
Guide, Comprehensive Plan, and 2017 Pride Festival. Motion carried 6-0.
APPROVAL OF OCTOBER 25, 2016 REGULAR MEETING MINUTES
Motion by Commissioner Burris, second by Commissioner Pettersen-Scott to approve the
October 25, 2016 minutes with a wording change on the HRC’s United Nations discussion.
Motion carried 6-0.
Co-Chair Buttress and the HRC decided to allow time for the two guests in attendance to speak.
Kathy Czech and Bill Czech introduced themselves from the organization Safety Triage and Mental
Health Providers (STAMP). The group is advocating for law enforcement departments to pair an
officer/deputy with a mental health professional to be the first to respond to a call. They stated there
are financial and organizational challenges to this model since the mental health professional is
typically employed by a county and local law enforcement is usually the responsibility of a
municipality. STAMP is currently not a non-profit organization, as the paperwork has not been filed
to receive this status.
OLD BUSINESS
Municipal Quality Index
Commissioner Martin and C. Knauss will meet with City Manager, Tim Cruikshank to determine
which criteria of the Municipal Quality Index that Golden Valley meets in order to provide guidance
to the HRC on whether or not to apply for the designation. Any questions will be brought back to the
National HRC by Commissioner Martin. Commissioner Pettersen-Scott offered to bring a sample
policy/statement on non-discrimination.
Human Rights Commission December 27, 2016
Meeting Minutes Page 2 of 3
2017 Sweet Potato Comfort Pie
Commissioner Martin reported the event will be held on Sunday, January 15, 2017 from 2:00-4:30
pm at Calvary Lutheran Church. 88 pies will be baked on Saturday, prior to the event, to honor the
age Martin Luther King, Jr. would have been in 2017. The HRC-sponsored speakers have not yet
been confirmed. A meeting is being held next week to discuss speakers.
27th Annual MLK Holiday Breakfast Update
Knauss informed Commissioners that there were 10 tickets (1 table) purchased for 2017, due to the
fact the ticket prices doubled from 2016, as well as there being a limit placed on the number of
tickets each individual is allowed to purchase. The November/December City newsletter will have
information on how residents are able to obtain the complimentary tickets.
Update from Community Conversations Planning Group
Commissioner Peck reported that the group has held three meetings with a lot of discussion at each
meeting. There has been slow progress so far. There was discussion of having a community
calendar that lists conversations/events that are happening in the area and not just Golden Valley.
Someone in the group offered to put the calendar online.
2017 Pride Festival Update
Co-Chair Burris reported that HRC Commissioners Peck and Ramlet, along with himself, are on the
planning committee. There are two Co-Chairs for 2017. The planning committee is discussing how
to grow the Festival in a sustainable way and be an asset to the community. The 2017 Pride
Festival will be held on Sunday June 11 from Noon-6:00 pm at Brookview Park. The hours have
been extended from the 2016 Festival.
Further Discussion of HRC Work Plan
Knauss updated the HRC on a new initiative the City is taking for 2017 to participate in the
Government Alliance on Race and Equality (GARE). GARE is a national network of government
entities working to achieve racial equity and advance opportunities for all. The City’s Management
Team will be participating in the 12-month program. The GARE curriculum also provides four
opportunities for the public to attend the “Advancing Racial Equity Speaker Series.” The locations of
the speaker series is still to be determined and will be hosted at various locations with participating
jurisdictions. The speaker series would be an opportunity for the HRC to promote four “HRC
Conversations” in 2017, along with other work plan items.
There was discussion about the Comprehensive Plan Update process and how the HRC would be
able to provide comments by either attending the open houses and providing comments individually
or by attending the open houses and then coming together as a commission to provide comments
as the HRC.
Commissioner Martin expressed interest in providing links to resources on the HRC’s web page. A
possible site is:www.racialequityresourceguide.org
There was a motion by Commissioner Martin, second by Commissioner Pettersen-Scott to
include the following items in the 2017 HRC Work Plan: promote four HRC Conversations
with the GARE Speaker Series; sponsor a speaker and host a booth at the Golden Valley
Pride Festival; purchase tickets for residents’ use to the 2018 Martin Luther King, Jr. Holiday
Breakfast; provide comments on the City’s Comprehensive Plan Update; and research
human rights resources that could be included on the HRC’s web page. Motion carried 6-0.
Human Rights Commission December 27, 2016
Meeting Minutes Page 3 of 3
NEW BUSINESS
Report on Minnesota Department of Human Resources – Human Rights Symposium held
December 8, 2016
Commissioner Peck attended the Symposium and recommends that all HRC Commissioners attend
it in 2017, stating the speakers were excellent and the programs well-run. There were four
concurrent sessions held throughout the day, many of which Commissioner Peck was interested in
attending and was not able to attend all, since they were concurrent.
Joint Boards/Commissions Meeting for Community Survey Presentation: January 23 at 5:30-7:00
pm, Council Chambers
Knauss explained the joint meeting is to review the results of the recent Community Survey and
hear about the state of the City’s aging infrastructure. It will also provide an opportunity to meet/re-
connect with other various Board/Commission members.
2017 HRC Meeting Dates
Knauss explained there was a need to re-schedule some of the 2017 regular meeting dates due to
scheduling conflicts.
Motion by Commissioner Martin, second by Commissioner Peck to re-schedule the following
2017 HRC meeting dates:
Original Date New Date
Tuesday, April 25 Thursday, April 20
Tuesday, May 23 Tuesday, May 30
Tuesday, December 26 Thursday, December 28
Motion carried 6-0.
ADJOURN
Motion by Commissioner Burris, second by Commissioner Peck to adjourn the meeting at
8:44 pm. Motion carried 6-0.
_______________________________
Adam Buttress, Co-Chair
ATTEST:
_________________________________
Chantell Knauss, Staff Liaison
Approved by HRC: March 28, 2017
Golden Valley Human Services Fund (GVHSF) Meeting
Minutes
February 13, 2017
Present:Denise La Mere-Anderson,Aaron Black, Kathryn Frommer, Peder Hanson, Alan Ingber,
Sarah Meyerring, Scott Charlesworth-Seiler, Toots Vodovoz. Also present: Brian Erickson, Staff
Liaison.
Absent:Hilmer Erickson,Elissa Heilicher and Andrea Mac Arthur
Call to Order: La Mere-Anderson called the meeting to order at 6:47 pm.
Agenda Changes or Additions:No changes or additions to the agenda.
January 12 Minutes:Charlesworth-Seiler moved and Black seconded the motion to approve the
minutes from January 12.The motion passed unanimously.
Run the Valley – April 29, 2017
T-Shirt RFP:The shirts have been ordered, with the selected logo and color.
Sponsors: Members are following up with businesses regarding support of the event. The following
businesses have committed: Optum, Liberty Carton (LDI), Snap Fitness, Bassett Creek Dental, Go
Chiropractic and CCX Media. Any questions about sponsorship can be sent to Erickson.
Volunteers:GVHSF members signed up for volunteer assignments and discussion about other
possible volunteers groups, to target, were suggested.
Marketing/Publicity:Erickson reported an event page has been set up on the City of Golden Valley
website. Channel 12/NWCT has committed to announcing the event and has done a promotional
spot. The Communications staff will send press release to local media.
Calendar Review:The Golden Valley Golf and Lawn Bowling Classic date has been set for Friday,
July 14.
Other Business:
Bylaws:The Bylaws for the GVHSF were reviewed. Erickson noted the attendance requirement and
the addition of a teen member.
The next meeting will be held on Monday, March 13 at 6:45 pm.
Adjournment:Hanson moved to adjourn the meeting. Ingber seconded the motion. The meeting was
adjourned at 7:16 pm.
Respectfully submitted,
Denise La-Mere Anderson, GVHSF Chair Brian Erickson, Staff Liaison
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting, Minutes
February 27, 2017
Commissioners Present: Lynn Gitelis, Dawn Hill, Tonia Galonska, Larry Johnson
(arrived at 6:42pm) and Jim Stremel,
Staff Present: Eric Eckman, Public Works Specialist, Hannah Garry, GreenCorps
Member and Claire Huisman, Administrative Assistant
Also Present: Council Member Larry Fonnest
Absent: Commissioners Debra Yahle and Tracy Anderson
Call to Order
Lynn Gitelis called the meeting to order at 6:30 pm.
Approval of Regular Meeting Minutes
MOVED by Hill, SECONDED by Stremel, and the motion carried unanimously to
approve the minutes of the January 23, 2017 regular meeting.
Approval of Joint meeting Minutes
MOVED by Hill, SECONDED by Stremel, and the motion carried unanimously to
approve the minutes of the January 23, 2017 joint meeting.
Approval of City Code and By-Laws
MOVED by Stremel and SECONDED by Galonska to approve the revision of the City
Code and By-Laws of the Environmental Commission that includes language for a youth
member to serve on the Commission for a term of one year.
Staff was tasked with verifying that the Environmental Commission monthly meeting
time is written correctly in the current version of the By-Laws.
GreenStep Cities Inventory
MOVED by Hill and SECONDED by Galonska to approve for entry into the GreenStep
Cities website with the revisions as discussed, Best Practice 12-Mobility Options Action
1-Promote walking, biking and transit use and Action 4-Promote carpooling or
ridesharing.
GreenStep Cities Progress Presentation
Hannah Garry gave an overview of the City’s progress to date working under the
GreenStep Cities program. Golden Valley entered the program in April 2016 with a
Step One recognition. The City will receive recognition for becoming a Step Two City in
June 2017. The City will continue working on the inventory of its current best practice
actions and anticipates completion of the inventory in late 2017.
2017 Work Plan
Discussion began to determine the Commission’s 2017 Work Plan. Potential ideas
included: Complete the Resilience and Sustainability Plan; Work on the
Comprehensive Plan; Complete the GreenStep Cities inventory; New GreenStep
initiatives such as Sustainable Purchasing Policy, Green Business Development,
Energy/Climate Action, and Vertical Greenhouses; Develop a broad policy on pollinators
and habitat and a possible ban on neonicotinoids.
Minutes of the Environmental Commission
February 27, 2017
Page 2 of 2
It was requested to add more recycling initiatives to the Work Plan, such as
organics/composting and textiles.
Program/Project Updates
The complete program/project update is on file. Brief update was given on the DeCola
Pond F Dredging Project which is being delayed due to the weather conditions.
Council Updates
Council Member Fonnest reported that the Council has been working on goals and
priorities that may involve the Commission in the upcoming year.
Adjourn
MOVED by Johnson, SECONDED by Stremel, and the motion carried to adjourn
the meeting at 8:35 pm.
Claire Huisman
Administrative Assistant
JOINT WATER COMMISSION MINUTES
Golden Valley-Crystal- New Hope
Meeting of January 4, 2017
The Golden Valley—Crystal—New Hope Joint Water Commission (JWC)meeting was called to order at
1:30 pm in the City of Golden Valley Council Chambers.
Commissioners Present
Anne Norris,City Manager,Crystal
Kirk McDonald,City Manager, New Hope
Tim Cruikshank,City Manager,Golden Valley
Staff Present
Marc Nevinski, Physical Development Director,Golden Valley
Jeff Oliver,City Engineer,Golden Valley
Sue Virnig, Finance Director,Golden Valley
Bernie Weber,Acting Public Works Director, New Hope
Randy Kloepper,Water Superintendent,Crystal
Dave Lemke, Utilities Supervisor, New Hope
Mark Ray, Director of Public Works/City Engineer, Crystal
Joe Hansen, Utilities Supervisor
Approval of Minutes—December 7 2016
Moved by Cruikshank seconded by McDonald to approve the minutes of the December 7,2016 Joint
Water Commission Meeting. Motion carried.
Resolution#17-01 Desianatine Depositories for Joint Water Commission Funds
Commission Cruikshank introduced the following resolution and moved its adoption:
RESOLUTION 17-01
RESOLUTION DESIGNATING DEPOSITORIES FOR JOINT WATER FUNDS
The motion for the adoption of the foregoing resolution was seconded by Commissioner McDonald and
upon a vote being taken thereon,the following voted in favor thereof: Norris, McDonald,and
Cruikshank;and the following voted against the same; none;whereupon said resolution was declared
duly passed and adopted; signed by the Chair and their signature attested by the Vice Chair.
Resolution#17-02 Makina Annual Elections for the 2017—2018 Insurance Policy
Commission McDonald introduced the following resolution and moved its adoption:
RESOLUTION 17-02
RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2017-2018 INSURANCE POLICY
The motion for the adoption of the foregoing resolution was seconded by Commissioner Cruikshank and
upon a vote being taken thereon,the following voted in favor thereof: Norris, McDonald,and
Cruikshank;and the following voted against the same; none;whereupon said resolution was declared
duly passed and adopted;signed by the Chair and their signature attested by the Vice Chair.
Joint Water Commission
January 4,2017
Page 2 of 3
TAC Update
• 36" PCCP. Project is complete and staff is working with consultant on the final drawings from
BMI.
0 Water Supply Plan.Staff requested SEH to postpone work until 2017 for budget reasons.SEH is
now moving forward.
• Generator Move.The project is complete and staff is processing final payment.
• PCCP Analysis Update.Staff met with SEH and provided comments.SEH will present at the next
JWC meeting scheduled for February 1,2017.Side note:SEH presented this analysis to a
number of different associations;one in Washington D.C. in April and one in Montreal last
November. `
• Arc Flash. Project complete with the exception of some staff training.
• Elevated Tower Inspection.Staff will request including this in the next CIP.
• Golden Valley Security Fence. Fence is installed.Staff working on punch list items.
• Golden Valley Reservoir Work. MN Mechanical is moving forward.Staff is working on ordering
the orifice plates.
• Tower Security.Staffs estimate of project is$40,000.Staff is investigating phasing simple
security measures such as door and motion sensors as opposed to cameras.Staff will be
providing updated quotes.
• Golden Valley Road Culvert—Minneapolis Crossing. Hennepin County is looking into replacing
the culvert at Golden valley Road and Bassett Creek. Minneapolis has a main at this location and
the City of Golden Valley has a six inch main.
• Crystal General Service Quote. Staff is investigating the possibility of adding the Crystal 800
generator to the JWC contract for the Golden Valley generator with Ziegler Cat.
Other Business
Approve Contract with MMRK Certified Public Accountants to Perform December 31 2016 Audit
Moved by Cruikshank seconded by McDonald to approve the contract with MMRK Certified Public
Accountants to perform the December 31, 2016 audit. Motion carried.
DeCola Pond Update
Staff stated the watershed commission has allocated dollars in its Capital Improvement Program for
flood reduction projects.Staff recently met with the Minnesota Department of Natural Resources(DNR)
to discuss the possibility of long-term funding from the Department's flood damage reduction program.
This program includes a fifty/fifty funding split for eligible projects.On the recommendation of the DNR,
staff completed an application for the next biennium for the design and construction of increased flood
storage in DeCola Ponds B and C.The application required a Resolution from the requesting city which
the Golden Valley City Council approved on January 3,2017.
The Commission requested Jeff Oliver draft a Resolution authorizing a cooperative Project Agreement
for Phase 2 DeCola Ponds and Medicine Lake Road Area Flood Mitigation Study that will be
approved/signed by all three City Councils.This draft will indicate that all three cities recognize the
problem and support the project as this is a regional problem and all three cities need to participate.
Resolution to be drafted as soon as possible.
Next Meetine
The next meeting is scheduled for February 1,2017 at 1:30 pm in the Golden Valley Council Conference
Room.Staff is requested to include a DeCola Pond update to agenda.
Adiournment
Joint Water Commission
January 4,2017
Page 3 of 3
Moved by McDonald seconded by Norris to adjourn meeting. Motion carried.
Chair Norris adjourned the meeting at 2:30 pm.
Ch Anne Norris
ATTEST: r
Sue Schwalbe, Recording Secretary
1
Commissioners and city staff present:
City Commissioner Alternate Commissioner Technical Advisory Committee
Members (City Staff)
Crystal Guy Mueller, Vice Chair NA Mark Ray
Golden Valley Stacy Harwell,
Secretary/Treasurer
Jane McDonald Black Jeff Oliver
Medicine Lake Clint Carlson Gary Holter NA
Minneapolis Michael Welch Absent Liz Stout
Minnetonka Absent Absent Tom Dietrich
New Hope John Elder Pat Crough (voting
member)
Megan Albert, Bernie Weber,
Chris Long
Plymouth Absent Absent Derek Asche
St. Louis Park Jim de Lambert Patrick Noon Erick Francis
Robbinsdale Absent Absent Richard McCoy
Staff and Others Present:
Administrator Laura Jester, Keystone Waters
Engineer Karen Chandler and Jen Koehler, Barr Engineering
Legal Counsel Troy Gilchrist, Kennedy & Graven
Presenters/
Guests/Public
Jim Prom, John Byrnes, James Rowan (Plymouth residents)
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
Thursday January 19, 2017
8:30 a.m.
Golden Valley City Hall, Golden Valley MN
BCWMC January 19, 2017, Meeting Minutes
Page 2 of 9
1. CALL TO ORDER AND ROLL CALL
On Thursday January 19, 2017 at 8:35 a.m. in the Council Conference Room at Golden Valley City Hall
(7800 Golden Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed
Management Commission (BCWMC) and asked for roll call to be taken. The cities of Minneapolis,
Minnetonka, Plymouth, and Robbinsdale were absent from the roll call.
2. CITIZEN FORUM ON NON-AGENDA ITEMS
No comments from citizens.
3. APPROVAL OF AGENDA
Administrator Jester requested the addition of item 5I – Requests to Attend Road Salt Symposium.
MOTION: Alt. Commissioner Crough moved to approve the agenda as amended. Commissioner Mueller
seconded the motion. Upon a vote, the motion carried 5-0. [Cities of Minneapolis, Minnetonka,
Plymouth and Robbinsdale were absent from the vote.]
4. CONSENT AGENDA
MOTION: Commissioner Mueller moved to approve the consent agenda. Alt. Commissioner Crough
seconded the motion. Upon a vote, the motion carried 5-0. [Cities of Minneapolis, Minnetonka,
Plymouth and Robbinsdale were absent from the vote.]
The following items were approved as part of the consent agenda: the December 15, 2016 Commission
Meeting Minutes, the January 2017 Financial Report, the payment of invoices, reimbursement to the
City of Golden Valley for Main Stem Restoration Project expenses, a proposal from MMKR to perform
2016 financial audit, resolution to transfer fund from CIP account to Administrative Account, resolution
to transfer funds from Administrative Account to Channel Maintenance Fund and Long Term
Maintenance Fund, and the Northwood North Area Infrastructure Improvements Project.
The general and construction account balances
reported in the January 2017 Financial Report are
as follows: Checking Account Balance
$638,252.76
TOTAL GENERAL FUND BALANCE $638,252.76
TOTAL CASH & INVESTMENTS ON-HAND (1/10/17) $2,556,014.51
CIP Projects Levied – Budget Remaining ($3,116,429.86)
Closed Projects Remaining Balance ($560,415.35)
2011-2015 Anticipated Tax Levy Revenue $11,574.32
2016 Anticipated Tax Levy Revenue $14,828.86
Anticipated Closed Project Balance ($534,012.17)
BCWMC January 19, 2017, Meeting Minutes
Page 3 of 9
5. BUSINESS
Before starting the business of the meeting, Chair de Lambert introduced Bernie Weber with the City of
New Hope as the acting Public Works Director and new addition to the BCWMC Technical Advisory
Committee.
A. Consider Approval of Resolution of Appreciation for Alternate Commissioner David Tobelmann
Administrator Jester reported that the Plymouth City Council recently appointed a new alternate
commissioner to the BCWMC effective February 1, 2017. Although Alt. Commissioner Tobelmann
was not present at the meeting, various commissioners and Commission staff offered praise for his
dedication to the Commission and his work on committees and at community events. It was noted
that Alt. Commissioner Tobelmann was good to work with, always acted professionally, brought
important perspectives to various topics, was fully engaged in advancing the work and goals of the
Commission, and will be missed. Chair de Lambert read the resolution of appreciation.
MOTION: Commissioner Mueller moved to approve the resolution of appreciation for Alternate
Commissioner Tobelmann. Commissioner Harwell seconded the motion. Upon a vote, the motion
carried 5-0. [ Cities of Minneapolis, Minnetonka, Plymouth and Robbinsdale were absent from the
vote.]
B. Receive Presentation from Commission Engineer on XP-SWMM Phase II Results
Commission Engineer Chandler introduced Jen Koehler with Barr Engineering who has been guiding
the modeling project over the last two years.
[Commissioner Welch arrives.]
Ms. Koehler gave a presentation on the results of the XP-SWMM Phase II modeling effort including
background information and basic information on hydraulics and hydrology. She noted the model
shows the movement of water through the watershed and inundation of land below the 100-year
flood elevation. She reported that more than 1,100 subwatersheds were included in this model in
contrast to only 50 – 60 subwatershed that were incorporated into the original XP-SWMM model.
She noted this extreme detail in turn captures many more areas, even very small basins like ponds
and wetlands, where water is stored on the landscape. She noted that Atlas 14 precipitation
amounts were used as well as updated soils data. She reported that locations along Plymouth
Creek and the Main Stem of Bassett Creek were used to calibrate the model.
Ms. Koehler reported that the results of the model calibration and validation at four locations
showed that the model accurately predicts water elevations and flowrates over the course of a
complete hydrograph for various rainfall events. She noted that for this area, a 24-hour, 100-year
rainfall event yields 7.4 inches of rain. She reported that the 100-year flood elevations predicted in
this model show some slight decreases in the upper part of the watershed over current elevations,
but the model indicates increases in flood elevations lower in the watershed.
In response to a question from Commissioner Welch, Ms. Koehler reported that the ponds that
were included in the model are those also included in the earlier BCWMC P8 model – mostly public
ponds and some private ponds. She noted the model did not capture all privately-owned BMPs.
BCWMC January 19, 2017, Meeting Minutes
Page 4 of 9
There was discussion about how the model would be used and what Commission policies might be
impacted by the new flood elevations. Overall, Commissioners and city staff expressed satisfaction
in the model but realized there was some ground-truthing needed to verify some data and further
policy discussions were needed, including possible conversations with the DNR, Army Corps of
Engineers, and the Federal Emergency Management Agency. Commission Engineer Chandler noted
that this project does not include requesting official changes to flood elevations with State and
Federal agencies. She noted, however, that the Commission could decide to manage floodplains to
these new levels.
In a discussion about updating the model and/or re-calibrating the model at certain future
intervals, Ms. Koehler noted that this model would be considered a “living model” with regular
updates to add significant new ponding areas or other practices. She noted, however, that the
model would not be re-calibrated often. Commission Engineer Chandler noted that if precipitation
amounts were officially changed, that would be a good time for model re-calibration.
Commission Engineer Chandler reviewed the recommendations in the engineer’s memo as the next
steps in the process. Administrator Jester noted that action in April 2015 approving this project
specified not only a budget, but also a timeframe for project completion by January 31, 2017. She
noted that some budget remains but that more work in following through with the
recommendations to discuss with the TAC, etc., will take more time. She requested that a motion
approving the engineer’s recommendations also include an approval to extend the timeframe of
the project beyond the end of January until such time as the budget is spent.
Commissioner Harwell noted that while she thinks the model is well developed and appropriate,
she has some technical questions. She volunteered to attend the next TAC meeting where the
model will be discussed in more detail.
As an aside, Commissioner Welch recommended that at the next Commission meeting, the
Commission appoint liaisons to attend TAC meetings such that policy-related discussions by the TAC
can be relayed back to the Commission.
MOTION: Alt. Commissioner Crough moved to approve the recommendations in the engineer’s
memo regarding the next steps for the XP-SWMM model discussion and to allow the work of the
modeling project to continue past January 31, 2017 until project funds are spent. Commissioner
Mueller seconded the motion. Upon a vote, the motion carried 6-0. [ Cities of Minnetonka,
Plymouth and Robbinsdale were absent from the vote.]
C. Consider Approval of Recommendations from Technical Advisory Committee
i. MIDS in Linear Projects
Committee Chair Erick Francis, TAC member from the City of St. Louis Park, reported on the TAC’s
recommendation from their November 28, 2016 meeting regarding stormwater performance
standards for linear projects. He reported that currently the Commission requires that Minimal
Impact Design Standards (MIDS) be met for linear projects, but that those requirements are very
difficult to meet due to poor draining soils, high groundwater, limited space in the right-of-way,
utilities, contamination, and other issues. Mr. Francis reported that the TAC reviewed
requirements for linear projects used in other watersheds. He reported that the TAC recommends
BCWMC January 19, 2017, Meeting Minutes
Page 5 of 9
that the Commission revise their stormwater management requirements for reconstruction of
existing linear impervious surfaces such that MIDS is not required but that requirements are similar
to the 2004 BCWMC requirements, wherein road authorities must demonstrate a “good faith
effort” to improve conditions during linear construction/reconstruction projects. He further noted
that the TAC recommends that MIDS requirements remain for linear projects that create new
impervious surfaces, if the project creates more than one acre of new impervious surfaces.
Administrator Jester provided additional detail on the TAC’s recommendation and the policies of
other organizations that were reviewed.
Commissioner Welch asked for confirmation that the TAC memo contains only the TAC’s
recommendation and is not a recommendation from the Administrator nor the Commission
Engineer. Administrator Jester confirmed this was the case. She noted that she believes there is
likely a compromise between the current standard and the TAC’s recommendation. Commission
Welch noted that the Southwest Light Rail project is a linear project that recently met MIDS
requirements and that he knows other linear projects that are also meeting MIDS. He reminded
the group that the MIDS requirements were developed over a period of years by a diverse group of
stakeholders that took the constraints of linear projects into consideration when developing the
standard. Both Commission Welch and Commission Engineer Chandler agreed that language such
as “good faith effort” is difficult to enforce and apply equally between and among different
projects.
Jeff Oliver (TAC member from Golden Valley) noted that the requested changes would not apply to
private developments. Commissioner Harwell reported that meeting MIDS requirements in linear
projects is difficult in many areas and she reminded the group of the discussion about this likely
difficulty when the Commission was adopting the new requirements. She noted that now we can
see that these standards aren’t practical in the real world. Ms. Harwell also noted that chloride
contamination is a big issue, including its infiltration into groundwater. She noted that cities are
right not to infiltrate runoff coming directly from roadways.
Commission Engineer Chandler indicated that it’s a matter of funding and that road reconstruction
is an opportunity to improve conditions. If improvements aren’t made during these projects, then
it’s likely the Commission or others will need to spend additional funds to implement more
projects. She noted that she’s in favor of a cost cap alternative.
Mr. Oliver noted that in some cases there truly isn’t a way to implement the current standards, so
no amount of a cost cap would help. He noted that in other cases cities can actually install multiple
best management practices that can offset other projects. He noted that Golden Valley always
looks for ways to improve conditions and implements them wherever possible. Mr. Oliver noted
that there were many perspectives and situation to consider.
There was a brief discussion about a possible program to bank credits from one project to use in
another project. However, there was consensus that such a program could be more problematic
than helpful. Chris Long (TAC member from New Hope) noted that cities want to do the right thing
and work towards that goal whenever possible but that long term maintenance of structures in
rights of way is another big concern for cities.
Derek Asche (TAC member from Plymouth) noted that MIDS’ flexible treatment option #3 is offsite
mitigation which should be a viable option for cities to use if other practices aren’t workable.
BCWMC January 19, 2017, Meeting Minutes
Page 6 of 9
MOTION: Commissioner Welch moved to direct the Commission Engineer to analyze the questions
and concerns raised by the Technical Advisory Committee and develop a recommendation for the
Commission on how to move forward with this issue. Commissioner Mueller seconded the motion.
Upon a vote, the motion carried 6-0. [Cities of Minnetonka, Plymouth and Robbinsdale were
absent from the vote.]
It was confirmed that if the Commission Engineer deemed this request to be a significant
undertaking, she would bring a proposed scope of work to the Commission for consideration.
[Commissioner Harwell departs the meeting. Alt. Commissioner McDonald Black assumes voting
position for Golden Valley.]
ii. Shoreland and Habitat Monitoring
Mr. Francis reported that after receiving a description of a possible expansion of Commission
monitoring efforts to include monitoring shoreland and habitats on lakes, the TAC recommends
that the Commission not develop and implement such a program at this time. Administrator Jester
provided some additional background on the possible program and reported that city staff
indicated that if that data were needed, that city staff or park district staff could collect the data
rather than the Commission.
iii. Letter of Understanding for MS4 Reporting on BCWMC Education Activities
Mr. Francis reported that the TAC recommends that the Administrator annually provide a list of
educational activities and a letter of understanding to member cities such that cities can formally
take credit for these activities in their MS4 permit reports.
MOTION: Commissioner McDonald Black moved to approve recommendations from the Technical
Advisory Committee for items ii. and iii. above. Commissioner Mueller seconded the motion.
MOTION: Commissioner Welch moved to amend the motion to approve only recommendation iii.
above because it’s not proper to approve that the Commission NOT do something. Commissioner
Carlson seconded the motion. Upon a vote the motion carried 6-0. [Cities of Minnetonka,
Plymouth and Robbinsdale were absent from the vote.]
Upon a vote on the main motion, the motion carried 6-0. [Cities of Minnetonka, Plymouth and
Robbinsdale were absent from the vote.]
D. Discuss Structure of Agreement for Contributing Capital Improvement Program Funds to Agora
Development, Plymouth
Administrator Jester reported that since the December meeting when the Commission took action
to enter into an agreement with the City of Plymouth for Commission financial contribution for the
stormwater management features at the Agora development, Commission staff and city staff have
been working to determine the best way for the Commission to cooperate with the city and the
BCWMC January 19, 2017, Meeting Minutes
Page 7 of 9
developer and to ultimately contribute CIP funding to the project. She reported that staff now
recommend that the Commission enter into an agreement directly with Rock Hill Management
rather than with the City of Plymouth.
MOTION: Commissioner Welch moved to direct the Commission Administrator and Legal Counsel
to develop an agreement with Rock Hill Management for the Commission’s consideration. Alt.
Commissioner Crough seconded the motion. Upon a vote the motion carried 6-0. [Cities of
Minnetonka, Plymouth and Robbinsdale were absent from the vote.]
E. Receive Update on Timeline and Requirements for Conformance with 2015 Watershed
Management Plan Through City Ordinances and Local Water Plans
Commission Engineer Chandler reminded the group that the latest Watershed Management Plan
was adopted in September 2015 and that it requires that member cities update their ordinances or
other controls to comply with the Plan within two years of Plan adoption, or September of this
year. She noted that updates to a city’s ordinances/controls may be needed in a variety of areas
including erosion and sediment control; wetland management; floodplain/zoning; stormwater
management, etc. Further, she noted that cities must update their Local Water Management Plans
(LWMP) to conform with the Commission Plan and that the LWMPs are updated along with the
city’s Comprehensive Plan, due in 2018. She reported that the checklist included in the meeting
packet was developed to assist cities with their updates.
F. Consider Directing Staff to Submit Aquatic Invasive Species Prevention Grant Application to
Hennepin County
Administrator Jester reminded the group that at the December meeting the Commission approved
a recommendation from the Aquatic Plant Management/Aquatic Invasive Species (AIS) Committee
to submit a grant application to Hennepin County for the inventory of AIS in Sweeney, Parkers, and
Medicine Lakes plus a pathways analysis, vulnerability and suitability assessment, and management
plan development. She noted the draft grant application includes a cash match from the
Commission of $5,000 and in-kind administrative support.
MOTION: Commissioner Carlson moved approval of the draft AIS Prevention grant application and
directed staff to submit the application to Hennepin County. Alt. Commissioner Crough seconded
the motion. Upon a vote the motion carried 6-0. [ Cities of Minnetonka, Plymouth and Robbinsdale
were absent from the vote.]
G. Receive Update on Compliance with New State Buffer Law in BCWMC
Administrator Jester noted the letter from Hennepin County reporting that no parcels in the Bassett
Creek watershed were found to be out of compliance with the State’s Buffer Law.
Commissioner Welch noted that the MN Board of Water and Soil Resources may need a decision
from the Commission about whether or not the Commission wants to take an enforcement role.
He asked the Administrator to look into that matter and bring information, as needed, to the next
meeting.
BCWMC January 19, 2017, Meeting Minutes
Page 8 of 9
H. Receive Update on Various Grant Applications, Awards, and Development of Grant Work Plans
Administrator Jester provided an update on current grants to the Commission and grant
applications in process. She noted that over the last four years the Commission has received over
$1.4 million in grants and is likely to receive another $200,000 from Hennepin County this month.
She noted that it takes hours of staff time and cooperation from cities to develop applications,
work plans, and perform reporting. She noted grant reports are being prepared for the MPCA and
Clean Water Fund grants for the Northwood Lake Improvement Project, and the Met Council grant
for the Harrison Neighborhood Project. She noted that work plans will be developed for the two
new Clean Water Fund grants recently awarded and that a request for reimbursement for the
DNR’s Flood Damage Reduction grant is being prepared.
Commissioners and city staff expressed appreciation to Commission staff for their work on grants,
noting that it makes a big difference in the funds of the Commission and their ability to do even
more good projects.
I. Requests to Attend the Road Salt Symposium
Administrator Jester reported that she and Alt. Commissioner Scanlan are requesting
reimbursement for registration fees ($135) to attend the Road Salt Symposium on February 2nd and
that she is requesting to attend the event on behalf of the Commission. Jim Prom, the
Commissioner recently appointed by the City of Plymouth and whose term begins on February 1st
also requested to attend the event and receive reimbursement of registration fees.
MOTION: Commissioner Carlson moved to approve the Administrator’s attendance at the Road Salt
Symposium and to reimburse Commissioner Prom, Alternate Commissioner Scanlan, and the
Administrator for registration fees of $135 each. Seconded by Commissioner Welch. Upon a vote
the motion carried 6-0. [Cities of Minnetonka, Plymouth and Robbinsdale were absent from the
vote.]
There was some discussion about the need to provide education and training to private salt
applicators and/or to have some sort of regulatory approach for limiting salt use in private or
institutional settings. Commissioner Welch also noted the possibility of a State law limiting the
liability of private applicators. Administrator Jester noted she was working with Fortin Consulting to
set up a training for winter maintenance of sidewalks and parking lots.
6. COMMUNICATIONS
A. Administrator’s Report
Administrator Jester reminded Commissioners to complete the auditor’s conflict of interest
forms.
B. Chair
Chair de Lambert reminded Commissioners that the February meeting will include election of
officers and appointments to committees.
C. Commissioners
No report.
BCWMC January 19, 2017, Meeting Minutes
Page 9 of 9
D. TAC Members
Reminder of new meeting date: Friday February 3rd at 9:00 a.m.
E. Committees
Reminder of next meeting on Tuesday January 24th at 8:30 a.m.
F. Legal Counsel
No report.
G. Engineer
No report.
7. INFORMATION ONLY (Available http://www.bassettcreekwmo.org/document/meeting-materials-
minu/meeting-materials/thursday-january-19-2017 )
A. CIP Project Updates: Now Available Online http://www.bassettcreekwmo.org/projects
B. Grant Tracking Summary and Spreadsheet
C. 16th Annual Road Salt Symposium February 2nd
D. WMWA Meeting Minutes
E. WCA Notice of Decision, Golden Valley
F. WCA Notices of Application (multiple), Plymouth
G. WCA Notice of Decision, Plymouth
H. WCA Notice of Decision, Crystal
8. ADJOURNMENT – Vice Chair Mueller adjourned the meeting at 10:38 a.m.
___________________________ _____________________________________
Signature/Title Date Signature/Title Date
1
Commissioners and city staff present:
City Commissioner Alternate Commissioner Technical Advisory Committee
Members (City Staff)
Crystal Absent NA
Golden Valley Stacy Harwell,
Secretary/Treasurer
Jane McDonald Black Jeff Oliver
Medicine Lake Absent Gary Holter Susan Wiese
Minneapolis Michael Welch Absent Liz Stout
Minnetonka Mike Fruen Absent Tom Dietrich
New Hope Absent Pat Crough Chris Long
Plymouth Jim Prom John Byrnes Derek Asche
St. Louis Park Jim de Lambert Patrick Noon Erick Francis
Robbinsdale Absent Wayne Sicora
Staff and Others Present:
Administrator Laura Jester, Keystone Waters
Engineer Karen Chandler and Meg Rattei, Barr Engineering
Legal Counsel Troy Gilchrist, Kennedy & Graven
Presenters/
Guests/Public
Nathan Warner, Steve Gebauer, and John Hink (Solution Blue); Niraz Patel (Rock Hill
Management); Dawn Pape (Lawn Chair Gardener)
Bassett Creek Watershed Management Commission
Minutes of Regular Meeting
Thursday February 16, 2017
8:30 a.m.
Golden Valley City Hall, Golden Valley MN
BCWMC February 16, 2017 Meeting Minutes
Page 2 of 8
1. CALL TO ORDER AND ROLL CALL
On Thursday February 16, 2017 at 8:35 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden
Valley Rd.), Chair de Lambert called to order the meeting of the Bassett Creek Watershed Management Commission
(BCWMC) and asked for roll call to be taken. The city of Crystal was absent from the roll call.
2. CITIZEN FORUM ON NON-AGENDA ITEMS
No comments from citizens.
3. APPROVAL OF AGENDA
Administrator Jester requested the addition of item 6Aiii – Consider Agreement with City of Plymouth Regarding Agora
Development Project.
MOTION: Commissioner Welch moved to approve the agenda as amended. Commissioner Prom seconded the motion.
Upon a vote, the motion carried 8-0. [City of Crystal was absent from the vote.]
4. CONSENT AGENDA
MOTION: Commissioner Prom moved to approve the consent agenda. Alt. Commissioner Holter seconded the motion.
Upon a vote, the motion carried 8-0. [City of Crystal was absent from the vote.]
The following items were approved as part of the consent agenda: the January 19, 20147 Commission Meeting Minutes,
the February 2017 Financial Report, the payment of invoices, resolution 17-03 designating depositories for BCWMC
funds; designation of Finance and Commerce of the official new publication of the BCWMC; reimbursement to the City of
New Hope for Northwood Lake Improvement Project Expenses; contract with HDR, Inc. for website hosting and
assistance; French Regional Park Street Improvement Project; contract with Wenck Associates for 2017 lake monitoring;
and setting a March 2nd Technical Advisory Committee meeting.
The general and construction account balances reported in the February 2017 Financial Report are as follows:
Checking Account Balance $568,263.42
TOTAL GENERAL FUND BALANCE $568,263.42
TOTAL CASH & INVESTMENTS ON-HAND (2/8/17) $2,206,833.18
CIP Projects Levied – Budget Remaining ($2,768,007.26)
Closed Projects Remaining Balance ($561,174.08)
2011-2015 Anticipated Tax Levy Revenue $11,653.66
2016 Anticipated Tax Levy Revenue $11,043.54
Anticipated Closed Project Balance ($538,476.88)
5. ORGANIZATIONAL MEETING
A. Introduce New Commissioners
Chair de Lambert introduced Jim Prom, the new primary Commissioner representing the City of Plymouth, John
Byrnes, the new Alternate Commissioner representing the City of Plymouth, and noted that Wayne Sicora was in
BCWMC February 16, 2017 Meeting Minutes
Page 3 of 8
attendance representing the City of Robbinsdale, now as the Alternate Commissioner.
B. Elect Officers
Administrator Jester noted that although they are absent from the meeting, Commissioner Mueller had expressed
interest in remaining as vice chair and Commissioner Scanlan had expressed interest in holding either the secretary
or vice chair positions. Chair de Lambert reported he was willing to remain as chair but noted that if any other
commissioners wanted the chair position, he was also willing to step down.
MOTION: Commissioner Welch moved to elect the following slate of officers: Commissioner de Lambert as chair,
Commissioner Mueller as vice chair, Commissioner Scanlan as secretary, and Commissioner Harwell as treasurer.
Alt. Commissioner Holter seconded the motion. Upon a vote the motion was carried 8-0. [City of Crystal was absent
from the vote.]
C. Review 2017 Commission Calendar and Areas of Work
Administrator Jester reviewed the Commission’s meeting calendar including business and actions that will come
before the Commission throughout the year. She noted that this was not an exhaustive list, but rather a list of
known business for the Commission. She also noted the various contracts the Commission has with contractors and
others and she reviewed the Commission committees and their areas of work. Commissioner Welch noted that the
timing of Commission business should be such that the Commission has more than one meeting to consider
complicated items and asked staff to avoid bringing items to the Commission that need action at that same meeting.
Commissioner Welch also noted that the 2018 Commission calendar should include a review of implementation of
the 2015 Watershed Management Plan.
D. Appoint Committee Members
Chair de Lambert noted that committees perform important work for the Commission and encouraged
Commissioners, Alternate Commissioners and others to be active on committees. Administrator Jester briefly
reviewed the work and meeting schedule of the various committees including the Administrative Services
Committee, Budget Committee, Education Committee, and the Aquatic Plant Management/Aquatic Invasive Species
Committee. She also noted that there should be a liaison at the Technical Advisory Committee (TAC) meetings. The
following commissioners volunteered for the following committees:
Administrative Services Committee: Commissioners Mueller, Prom, de Lambert, Harwell and Alternate
Commissioner Crough.
Budget Committee: Commissioners Mueller, de Lambert, Prom, and Alternate Commissioner McDonald Black
Education Committee: Commissioner Scanlan and Alternate Commissioners Holter, Byrnes, and Noon
Aquatic Plant Management/Aquatic Invasive Species Committee: Commissioners Prom, Harwell, and Welch;
Alternate Commissioners Holter, Byrnes, and McDonald Black; TAC members Tom Hoffman and Derek Asche
As for a commissioner liaison to the TAC meetings, a commissioner/alternate commissioner will be appointed when
the TAC meeting is set. Commissioner Harwell indicated she would like to attend when possible. Commissioners
agreed it is important to have commissioners represented at all TAC meetings.
MOTION: Commissioner Prom moved to approve the entire slate of committee members as shown above.
Commissioner Welch seconded the motion. Upon a vote the motion carried 8-0. [City of Crystal was absent from the
vote.]
E. Consider Approval of January Administrator Invoice
Administrator Jester reported that per her contract that expired at the end of January, she was limited to invoicing
the Commission a total of $5,150 per month. She noted that in months where she worked more than that amount,
as was the case in January, she would carry over exceedances to a future month. However, she noted that because
the end of January was the end of the Commission’s fiscal year, she didn’t think it was appropriate to carry over
BCWMC February 16, 2017 Meeting Minutes
Page 4 of 8
exceedances to a future invoice and that payment of the invoice does not result in the Administrator’s budget line
being over budget. She noted that her current contract now has an annual not-to-exceed amount rather than a
monthly limit.
MOTION: Commissioner Welch moved to approve payment of the Administrator’s January invoice. Commissioner
Prom seconded the motion. Upon a vote the motion carried 8-0. [City of Crystal was absent from the vote.]
F. Review and Consider Approval of Year End Financial Report
Administrator Jester reviewed the year-end financial statement of the Commission, noting that although some items
were over budget, other items were under budget. She noted that although the budget appears to have a deficit of
more than $18,500, there was over $41,000 of unbudgeted revenue due to the Met Council grant for the Harrison
Neighborhood Project, and income from Met Council as reimbursement for Commission work on the SWLRT and
Blue Line LRT. Consequently, the Commission ended the year with a $22,725 surplus. Commission Engineer
Chandler noted that it’s difficult to predict and the Commission has no control over the number and complexity of
development reviews. There was some discussion and question about whether or not the Commission’s review fees
are adequate to cover costs. Staff was directed to review the fee structure and make a report at a future meeting.
Commissioner Harwell volunteered to help make the website and instructions for developers easy to understand in
the hopes of minimizing pre-submittal discussions with developers.
MOTION: Commissioner Welch moved to accept the year-end financial statement and pay the invoices.
Commissioner Prom seconded the motion. Upon a vote the motion carried 8-0. [City of Crystal was absent from the
vote.]
G. Review Open Meeting Law
Legal Counsel Gilchrist briefly reviewed the open meeting law provisions and reminded commissioners not to “reply
all” on emails in order to avoid a substantive discussion outside of a public meeting. Commissioner Prom asked to
be blind copied on emails to the whole commission.
6. BUSINESS
A. Agora Development
i. Consider Approval of Development Plans
Commission Engineer Chandler reviewed the Agora project review memo, beginning with an overview of
previous Commission action. She noted this review summary addresses the development requirements on the
Agora development site only, not the wetland restoration planned for on the city parcel south of the Agora
site and part of the CIP project. She reported the Agora project includes full demolition and reconstruction of
the Four Seasons Mall site and that redevelopment will include nine (9) individual buildings, parking, drives,
stormwater features, etc. She reported the proposed project includes approximately 17.1 acres of grading and
results in an increase of impervious surface by 0.13 acres. She noted that although staff has multiple
recommendations and needs further information for some project components, she feels comfortable with
the plans and recommends conditional approval with comments in the attached engineer’s memo.
Engineer Chandler noted there are several stormwater management practices within the development
including infiltration, filtration basins, stormwater pond, wetland walk, and permeable pavers. She reported
that the stormwater pond on the south end of the site includes an iron-enhanced bench and meets all of the
pollutant removal required for the Agora development and that other BMPs go “above and beyond” pollutant
removal requirements. She reported that the developer was given the new XP-SWMM model for use in
hydrologic modeling and informed about the higher flood elevations resulting from the model. She also
reported that the developer used “flexible treatment option #2” within the MIDS flowchart because soil
conditions wouldn’t allow enough infiltration.
Noting that there were numerous concerns with the development, the Commission Engineer walked through
the comments and conditions in the engineer’s memo. She indicated that she felt comfortable with the
BCWMC February 16, 2017 Meeting Minutes
Page 5 of 8
design because despite the numerous comments, it was nearly fully designed. She noted that the
Commission could require that revised plans come to a future Commission meeting or could be approved
administratively once all conditions are met. Administrator Jester noted that the agreement with Rock Hill
Management to receive CIP funding was predicated on complete design plans for the Agora development and
the wetland restoration project that show at least 100 pounds of phosphorus will be removed “above and
beyond” the 14.88 pounds of phosphorus removal required for the Agora development.
There was discussion about the importance of on-going maintenance. Commissioner Welch noted that the
requirement for only 10 years of maintenance in the draft agreement between the Commission and Rock Hill
Management is too low. Mr. Asche with the City of Plymouth noted that maintenance enforcement is the
responsibility of the city and that maintenance on the property into perpetuity will be stipulated in the
developer’s agreement and recorded with the County to follow land ownership. Mr. Asche also reported that
a detailed operations and maintenance manual will be needed from the developer due to non-typical
practices being used. Further, Mr. Asche noted that on-going maintenance of the wetland restoration portion
of the project would be carried out by the city, typical to other Commission CIP projects.
Commissioner Welch requested the addition of a condition requiring the Commission Engineer to receive a
copy of any DNR permits issued for the project.
There was discussion about the importance of an appropriate chloride management plan and when that plan
should be submitted. There was also discussion regarding wetland buffers and the wetland restoration
project (which is being considered through the CIP process and is not part of the Agora development plans).
Mr. Hink with Solution Blue reported that the wetland restoration plans are approximately 80% complete and
that buffer requirements will be followed. There were further assurances from the Commission Engineer that
the plans submitted were very close to being 90% complete. She indicated that if significant concerns arose
she would bring the plans back to the Commission.
Although it was agreed the submission of a chloride management plan should not hold up the approval of the
development plans, Commissioner Harwell requested that a condition for approval be added indicating that
the developer is strongly encouraged to develop a chloride management plan.
MOTION: Commissioner Welch moved to approve the Agora development with conditions as presented in the
Commission Engineer’s memo and with the added condition of strongly recommending development of a
chloride management plan and the added condition that the Commission Engineer receive a copy of any DNR
permits issued for the project and that there is documented ownership of the property by the developer.
Commissioner Prom seconded the motion. Upon a vote the motion carried 8-0. [City of Crystal was absent
from the vote.]
ii. Consider Agreement with Rock Hill Management
Commission Legal Counsel Gilchrist walked through several provisions of the agreement and noted that it had
been through several iterations. He noted that a separate agreement was developed with the City of
Plymouth to ensure development of the wetland restoration piece of the CIP project (see item 6Aiii below).
MOTION: Commissioner Welch moved to approve the execution of a final agreement with Rock Hill
Management with three provisions: 1) that the agreement secure permanent maintenance of the stormwater
best management practices on the Agora development and the wetland restoration project; 2) that the plans
and specifications in Exhibit C be at the 90% level and submitted to the Commission Engineer; and 3) that the
Commission Legal Counsel and Administrator consider comments from himself prior to finalization of the
agreement. Alternate Commissioner Sicora seconded the motion.
There was discussion on the motion: Commission staff noted that the condition requiring 90% plans for both
the Agora development and the wetland restoration piece is likely to hold up execution of the agreement. It
was reiterated that the reimbursement of CIP funds is contingent on the final plans showing removal of 100
BCWMC February 16, 2017 Meeting Minutes
Page 6 of 8
pounds of phosphorus above and beyond the required pollutant removals for the site. Staff with Rock Hill
Management noted that the signed agreement is crucial to the complex financing for the land purchase and
development which has a closing date slated within the next few days. Staff with Solution Blue noted that the
wetland restoration plans are nearing completion. Chair de Lambert noted that he was in meeting where the
wetland restoration concept plans were presented and that he feels comfortable with the overall concept.
Engineer Chandler noted that the Commission will still see the plans for the wetland restoration project just
as 90% plans are presented for any other CIP project.
Commission Welch withdrew his second provision from his motion, Alternate Commissioner Sicora agreed
with the change. Upon a vote the motion carried 8-0. [City of Crystal was absent from the vote.]
iii. Consider Agreement with City of Plymouth
Administrator Jester noted the draft agreement emailed to Commissioners earlier in the week was still
considered draft and had not yet been reviewed by the City of Plymouth. Commission Legal Counsel Gilchrist
reported that the major provisions of the agreement with Plymouth include allowing the Agora development
a construction easement to the wetland site to construct the wetland restoration project; to allow
Commission staff access for inspections; and requires the city to provide ongoing maintenance of the wetland
restoration project.
MOTION: Commissioner Welch moved to approve the agreement with the City of Plymouth with the above
provisions and an additional provision requiring that the City of Plymouth require ongoing maintenance of the
stormwater best management practices on the Agora development site; and authorization for the Chair and
the Secretary to execute such an agreement once it is in final form as approved by the Commission’s Attorney
and the City of Plymouth. Commissioner Harwell seconded the motion. Upon a vote the motion carried 8-0.
City of Crystal was absent from the vote.]
[Commissioner Welch departs the meeting.]
B. Receive Presentation on 2016 Water Quality Monitoring Results
Commission Engineer Chandler introduced Meg Rattei with Barr Engineering who has been collecting and
analyzing water quality data for the Commission for decades. Ms. Rattei gave a brief presentation on the 2016
monitoring results from Medicine Lake, Crane Lake and Northwood Lake. She reported that Medicine Lake does
not meet water quality standards and that oxygen levels at the lake’s bottom are very low which allows for the
release of phosphorus from the sediment.
[Commissioner Harwell departs the meeting. Alt. Commissioner McDonald Black assumes Golden Valley
representation.]
Ms. Rattei reported that Medicine Lake met the standard for chlorides, has a history of problems with high
amounts of curlyleaf pondweed, and would not meet a standard for biological integrity.
Ms. Rattei reported that Crane Lake generally meets water quality standards although chloride levels are
increasing and are well above the average chloride levels found in other Metro lakes. She also noted that
zooplankton levels are declining, likely due to increasing chlorides.
Ms. Rattei reported that Northwood Lake does not meet water quality standards for total phosphorus,
sometimes meets the standard for chlorophyll, and that its water clarity is declining at a statistically significant
rate. She noted the lake did not meet chloride standards in April but that the aquatic plant community appears
to be improving.
Administrator Jester noted the new water quality report format, developed by Barr Engineering. She indicated
the new reports include easy to read graphs, and uses photos and language for a lay person.
BCWMC February 16, 2017 Meeting Minutes
Page 7 of 8
C. Consider Recommendation from Aquatic Plant Management/Aquatic Invasive Species Committee
Administrator Jester reported that although there is still some work needed by the APM/AIS committee to
refine and prioritize their complete recommendations for the Commission, at this time the committee
recommends that the Commission partner with the City of Plymouth and Three Rivers Park District to perform
herbicide treatments of curlyleaf pondweed (CLP) in Medicine Lake in 2017 and that the Commission contribute
up to $20,750 (not to exceed amount) from its APM/AIS Budget for the treatment. She noted that the
committee felt comfortable with this recommendation because Medicine Lake has an approved total maximum
daily load study identifying curlyleaf pondweed control as a phosphorus-reducing activity, and that the
Commission has funding partners for the treatment. She noted the committee does not recommend that the
Commission treat curlyleaf pondweed in lakes without an approved management plan or without funding
partners.
MOTION: Commissioner Prom moved approval for the Commission to partner with the City of Plymouth and
Three Rivers Park District to perform herbicide treatments of curlyleaf pondweed in Medicine Lake in 2017 and
that the Commission contribute up to $20,750 from its APM/AIS Budget for the treatment. Alternate
Commissioner McDonald Black seconded the motion. Upon a vote the motion carried 7-0. [Cities of Crystal and
Minneapolis were absent from the vote.]
D. Receive Presentation of New Educational Displays
Administrator Jester introduced Dawn Pape and reminded Commissioners that at their meeting last July, the
Commission entered into an agreement with Ms. Pape to develop new educational display materials for the
Commission’s use. Ms. Pape briefly described and presented some of the new materials and noted more were
available to view outside the meeting room. Administrator Jester noted the new materials would be used for
the upcoming Plymouth Home Expo.
E. Consider Contract with Dawn Pape for Administrative Services
Administrator Jester recommended that the Commission continue to partner with Dawn Pape on a variety of
tasks that were previously performed by the Recording Secretary, Amy Herbert. She noted the agreement for
administrative services, including taking meeting minutes, was reviewed by the Commission’s Legal Counsel and
would be funded through the Administrative Services budget line item.
MOTION: Commissioner Prom moved approval of the agreement with Dawn Pape for administrative services.
Alternate Commissioner Sicora seconded the motion. Upon a vote the motion carried 7-0. [Cities of Crystal and
Minneapolis were absent from the vote.]
F. Review Letters of Interest Proposals for Legal and Technical Services
Administrator Jester reported that in December, the Commission submitted a solicitation for proposals for legal
and technical engineering services to comply with State Law. She reported the Commission received one
proposal (from Kennedy Graven) for legal services and four proposals for engineering services from Barr
Engineering, Northern Technologies LLC, Rani Engineering, and Cardno.
MOTION: Alternate Commissioner McDonald Black moved that the Commission continue contracting with
Kennedy Graven for legal services and Barr Engineering for technical engineering services. Alternate
Commissioner Sicora seconded the motion. Upon a vote the motion carried 7-0. [Cities of Crystal and
Minneapolis were absent from the vote.]
BCWMC February 16, 2017 Meeting Minutes
Page 8 of 8
7. COMMUNICATIONS
A. Administrator’s Report
Administrator Jester reported that the Road Salt Symposium provided good information on new technologies
and she was glad she attended. She reported that only watershed districts and not watershed management
organizations could opt to enforce the new state buffer law so the Commission had no decision to make in that
regard. She also noted that Commissioners should watch for an email seeking volunteers for the Plymouth
Home Expo and that she and Chris Long with the City of New Hope would be meeting with a BWSR
representative for a reconciliation of the Northwood Lake Improvement Project Clean Water Fund grant.
B. Chair
Chair de Lambert reported that he took a new job with consulting firm Carlson McCain.
C. Commissioners
No report.
D. TAC Members
No report.
E. Committees
No report.
F. Legal Counsel
No report.
G. Engineer
Commission Engineer Chandler reported that the Sweeney Lake aeration study is likely to get underway as soon
as ice is off the lake and that Sweeney Lake Association members seem supportive of turning off the aerators for
the study. She also noted the public open house scheduled for that evening on the Bassett Creek Park Pond and
Winnetka Pond Dredging Project and indicated a draft feasibility report would be presented at the April
Commission meeting.
8. INFORMATION ONLY (Available at http://www.bassettcreekwmo.org/document/meeting-materials-minu/meeting-
materials/thursday-february-16-2017 )
A. CIP Project Updates: Now Available Online http://www.bassettcreekwmo.org/projects
B. Grant Tracking Summary and Spreadsheet
C. Northwood Lake Improvement Project Grant Reports (2)
D. WMWA Winter Newsletter
E. WCA Notices of Decision, Plymouth
F. WCA Notice of Conditional Approval, Plymouth
9. ADJOURNMENT – Chair de Lambert adjourned the meeting at 11:27 a.m.
___________________________ _____________________________________
Signature/Title Date Signature/Title Date
Executive Summary For Action
Golden Valley City Council Meeting
April 4, 2017
Agenda Item
3. E. 1. Award Contract for the Public Safety Building HVAC System Upgrade Project No. 16-08
Prepared By
Al Lundstrom, Park Maintenance Supervisor
R.J. Kakach, Engineer
Summary
Staff have been continuously maintaining an outdated HVAC Building Automation System at the
Public Safety building on the City Hall campus. Parts for the system are obsolete and difficult to
obtain; therefore upgrades to the system are needed. The first segment of the project was
included as a bid alternate for the Brookview Community Center Project in order to avoid having
multiple HVAC software monitoring systems. The second component of the project includes
updating all the controllers, sensors, and temperature monitors throughout the building.
Two bids were received for the second component of this project. The results are as follows:
UHL Company, Inc.$33,100
Egan Company $42,615
Funding for the Public Safety Building HVAC System Upgrade project is included in the 2016-2020
Capital Improvement Program (B-040 page 77) in the amount of $55,000.
Recommended Action
Motion authorizing a contract with UHL Company, Inc. in the amount of $33,100 for the Public
Safety Building HVAC System Upgrade Project No. 16-08.
Executive Summary For Action
Golden Valley City Council Meeting
April 4, 2017
Agenda Item
3. F. METRO Blue Line Extension - Business Advisory Council Appointments
Prepared By
Jason Zimmerman, Planning Manager
Summary
The METRO Blue Line Extension Project Office has established two advisory committees to allow
for additional community input into the planning of the line and to provide guidance to the
Corridor Management Committee (CMC). The current appointments to the Community Advisory
Committee (CAC) and the Business Advisory Committee (BAC) have expired and the Project Office
is seeking representatives to serve new two year terms.
Both of Golden Valley’s representatives on the BAC have expressed interest in being reappointed:
Alison Pence and Ben Colgazier. Staff is continuing to seek out new candidates to fill the two
spots available on the CAC.
Recommended Action
Motion to reappoint Alison Pence and Ben Colglazier to the METRO Blue Line Extension Business
Advisory Committee.
Executive Summary For Action
Golden Valley City Council Meeting
April 4, 2017
Agenda Item
6. A. Authorization to Sign Amendment to Legal Services Agreement with Best & Flanagan
Prepared By
Tim Cruikshank, City Manager
Summary
Attached is an amendment to extend the term of the legal services agreement for City Attorney
services with Best & Flanagan LLP. The amendment would extend the term of this agreement for
a period of one additional year through December 31, 2018.
Attachment
•Legal Services Agreement between the City of Golden Valley and Best & Flanagan, LLP dated
March 22, 2017 (2 pages)
Recommended Action
Motion to authorize the City Manager to sign the Amendment to the Legal Services Agreement
between the City of Golden Valley and Best & Flanagan LLP for City Attorney services.
Tom Garry
Attorney DIRECT 612.341.9717
tgarry@bestlaw.com
BEST & FLANAGAN LLP
60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402
TEL 612.339.7121 FAX 612.339.5897 BESTLAW.COM
March 22, 2017
VIA EMAIL ONLY
(TCruikshank@goldenvalleymn.gov)
Tim Cruikshank, City Manager
City of Golden Valley
7800 Golden Valley Rd
Golden Valley, MN 55427
Re: Amendment to Legal Services Agreement between
the City of Golden Valley and Best & Flanagan LLP
Dear Tim:
As we have discussed, I am sending you this letter to serve as an amendment of the
Legal Services Agreement between the City and Best & Flanagan LLP.
The Legal Services Agreement between the City and Best & Flanagan LLP, entered
into on September 8, 2010, amended by letter agreements dated August 13, 2015 and July 8,
2016, respectively (“Agreement”), is hereby further amended as follows:
1. The term of the Agreement is extended through December 31, 2018.
2. Section III. “Compensation and Expense Reimbursement” is amended by
reducing the hourly rate for partner attorneys to $175 per hour, effective as of
March 22, 2017. The hourly rate for associate attorneys remains $145 per
hour and for paralegals remains $120 per hour. The “pass through” work rate
also remains $350 per hour. These rates will remain in effect through
December 31, 2018.
All other terms of the Agreement remain the same and are ratified by the City
and Best & Flanagan LLP.
Tim Cruikshank, City Manager
March 22, 2017
Page 2
Best & Flanagan LLP
____________________________
Tom Garry
On behalf of the Firm
City of Golden Valley
____________________________
Tim Cruikshank, City Manager
Very truly yours,
Tom Garry
TGG:mj
000090/480568/2592844_1
A G E N D A
Council/Manager Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
Thursday, April 13, 2017
6:30 pm or immediately following the HRA Meeting
Security Training immediately following C/M Meeting (½ hour)
Pages
1. Continued Comprehensive Plan Updates - Land Use (15 minutes)
2. Comprehensive Plan Updates - Housing (20 minutes)
3. Positive Performance (20 minutes)
4. Public Art Policy (20 minutes)
5. Crisis Communications Plan Consultant (15 minutes)
6. Campus Security (30 minutes)
Council/Manager meetings have an informal, discussion-style format and are designed
for the Council to obtain background information, consider policy alternatives, and
provide general directions to staff. No formal actions are taken at these meetings. The
public is invited to attend Council/Manager meetings and listen to the discussion; public
participation is allowed by invitation of the City Council.
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
Thursday, April 20, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no discussion
of these items unless a Council Member so requests in which event the item will be
removed from the general order of business and considered in its normal sequence on
the agenda.
A.Approval of Minutes - City Council Meeting April 4, 2017
B.Approval of City Check Register
C.Licenses:
1. Approve Amendment to Chester Bird American Legion’s Liquor License Premises
D.Minutes:
1.
E.Bids and Quotes
1. Award 2017 Pavement Marking Project
F.Approve Employee Handbook Changes
G.Board/Commission Appointments
4.PUBLIC HEARINGS
A.
5.OLD BUSINESS
6.NEW BUSINESS
A.Announcement of Meetings
1. Future Draft Agendas: City Council May 2, 2017, Council/Manager May 9, 2017
and City Council May 16, 2017
B.Mayor and Council Communications
7.ADJOURNMENT
AGENDA
Regular Meeting of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
May 2, 2017
6:30 pm
1.CALL TO ORDER PAGES
A.Pledge of Allegiance
B.Roll Call
C.Presentation: Hennepin County Attorney Mike Freeman - “Crime Update”
2.ADDITIONS AND CORRECTIONS TO AGENDA
3.CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no discussion
of these items unless a Council Member so requests in which event the item will be
removed from the general order of business and considered in its normal sequence on
the agenda.
A.Approval of Minutes - City Council Meeting April 20, 2017
B.Approval of City Check Register
C.Licenses:
1.
D.Minutes:
1. Human Rights Commission - March 28, 2017
E.Bids and Quotes
1.
F.Board/Commission Reappointments
4.PUBLIC HEARINGS
A.Public Hearing - Zoning Code Text Amendment - Allow Mobile Food Vendors in
Residential Zoning Districts
5.OLD BUSINESS
6.NEW BUSINESS
A.Announcement of Meetings
1. Future Draft Agendas: Council/Manager May 9, 2017, City Council May 16, 2017
and City Council June 6, 2017
B.Mayor and Council Communications
7.ADJOURNMENT