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04-07-09 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber April 7, 2009 6:30 p.m. The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7:00 p.m. 1. CALL TO ORDER A. Roll Call B. Proclamation for Golden Valley Federated Women's Club 40th Anniversary 2. ADDITIONS AND CORRECTIONS TO AGENDA 3. CONSENT AGENDA Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member or citizen so requests in which evenUhe 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 17, 2009 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. General Business Licenses 2. Gambling Premises Permit Renewal Application - Church of St. Maron 09-22 3. Solicitor's License - Western Remodelers 4. Solicitor's License - Wright At Home Services, Inc. D. Minutes of Boards and Commissions: 1. Board of Zoning Appeals - December 23, 2008 2. Envision Connection Project Board of Directors - February 19, 2009 3. Joint Water Commission - January 7,2009 4. Environmental Commission - February 23, 2009 5. Civil Service Commission - February 2, 2009 6. Basset Creek Water Management Commission - February 19, 2009 E. Bids and Quotes: 1. Brush Pick-up Program - Quotes 2. Noble Avenue Safe Routes to School Project - Quotes F. Proclamation of Support for 2010 United States Census G. Approval of Six Month Extension for Filing of Plat - 1017 Ravine Trail H. Participation in the Hennepin County 'Step To It Challenge' I. Authorization to Sign the FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Agreement J. Proclamation for Walk for Animals Day K. Appointment to Open Space and Recreation Commission 4. PUBLIC HEARINGS 7:00 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Authorization to Sign Amended PUD Permit - Menards Addition, PUD No.75 - Amendment NO.2 - 6800 Wayzata Boulevard B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT CITY OF GOLDEN VALLEY PROCLAMATION FOR GOLDEN VALLEY FEDERATED WOMEN'S CLUB 40TH ANNIVERSARY WHEREAS, the Golden Valley Federated Women's Club (GVFWC) is a local club within the General Federation of Women's Clubs, (GFWC), an international volunteer service organization for women in community service and charted by the US Congress in 1901; and WHEREAS, the GVFWC was established as a federated GFWC women's service organization in 1968, and is celebrating its 40th anniversary in 2009; and WHEREAS, the GVFWC has donated over $200,000 to over 20 community service organizations, such as Crisis Nursery, Toys for Tots, Potter's House, Courage Center, Dinner at Your Door, PRISM, and the Humane Society, and WHEREAS, the GVFWC donates to city government departments and activities such as the teen center at Brookview, the Youth Aiding Senior Chore Maintenance program, the Fire Department (oxygen resuscitator), the Police Department (defibrillators), and the Park and Recreation Department Music in the Park program; and WHEREAS, the GVFWC donated annual scholarships for high school seniors, residing in Golden Valley; and WHEREAS, the GVFWC decorated and furnished a room for Home Free Shelter and have continued their support providing donated items for the Shelter as part of the GFWC's nation-wide Domestic Violence Project; and WHEREAS, the GVFWC has also donated over 75,000 hours by participating in fund raising projects, Golden Valley Days, Friends of the Library projects and programs of the School District, Golden Valley Historical Society, and community churches; and WHEREAS, the GVFWC established a city-wide recycling project, which earned the club a first place Award in the GFWC of Minnesota's Conservation Contest; and WHEREAS, the GVFWC donated funds and helped to landscape the land at the Golden Valley Library with plantings and a bridge and for the past five years have adopted Medley Park; and WHEREAS the GVFWC participated in GFWC nationwide projects such as Operation Smile, Save the Children's "Caps to the Capitol" campaign, Katrina Disaster Relief f~nd and March of Dimes. NOW, THEREFORE, BE IT RESOVLED that the City of Golden Valley hereby recognizes the Golden Valley Federated Women's Club on its 40th Anniversary and asks all residents to join in celebrating its many accomplishments and contributions to our community and country on April 24, Federation Day, a GFWC nation-wide celebration. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of April, 2009. Linda R. Loomis, Mayor alley Me orandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley M orandum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley Me orand m Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #3557 Theodore Wirth Chalet On Sale Non-lntox.Liquor $500.00 1301 Theodore Wirth Parkway #3551 Golden Valley Country Club Gas Station 1 Nozzle $70.00 7001 Golden Valley Road #3552 G.V. Service Center Gas Station 11 Nozzles $220.00 600 Boone Avenue North #3554 Kabalan Co. Gas Station 22 Nozzles $385.00 9405 Medicine lake Road #3534 Lubrication Technologies Bulk Oil Storage $25.00 900 Mendelssohn Avenue North #3535 Schuller's Tavern Dancing/Entertainment $375.00 7348 Country Club Drive #3542 Schuller's Tavern 1 Amusement Device $30.00 7348 Country Club Drive #3541 American Amusement Arcades 4 Amusement Devices $75.00 6400 Wayzata Boulevard #3538 Theisen Vending Company 2 Amusement Devices $45.00 7348 Country Club Road #3528 Garbageman, Inc. 401 11th Avenue South 1 Refuse Vehicle $50.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Public Jl~y Memorandu Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. C. 2. Gambling Premises Permit Renewal Application - Church of St. Maron Prepared By Stacy Altonen, Chief of Police Mike Meehan, Operations Commander Jim Roberts, Detective Summary The Church of St. Maron has submitted a renewal application for a Minnesota Lawful Gambling Premises Permit. The Church of St. Maron operates the pull-tab booth at Schuller's Tavern located at 7345 Country Club Drive. Documents received from the applicant show that the Minnesota Gambling Control Board currently licenses the organization and its gambling manager, Edward Theodore Rice. An investigation was conducted by the Public Safety Department reference this permit renewal application. This investigation included checks with the City of Golden Valley Finance Department, the Gambling Enforcement Division of the Minnesota Department of Public Safety, and the Minnesota Gambling Control Board. As of April 3, no negative information was received as a result of our investigation. The applicant has met all statutory and ordinance requirements for renewal of a lawful gambling premises permit. Attachments Minnesota Lawful Gambling License Renewal Application (2 pages) Resolution Approving Issuance of a Premises Permit Renewal for the Conduct of Lawful Gambling - Church of St. Maron (1 page) Recommended Action Motion to adopt Resolution Approving Issuance of a Premises Permit Renewal for the Conduct of Lawful Gambling - Church of St. Maron. FROM :ED RICE FAX NO. :612 379 8595 03/24/2009 TUE 10:26 FAX 851 839 4032 Gambling Control Bd 1t7t.A: J;; J, /V'AJ/y - .' lln~ta LawfullGambling . ~114'1 cD (LG200R) lawful Gambling Ucense Renewal Application ~;ep" COrre<.tlOn~ should b8 made diredly 00 th.is appliaJtion ~ ~ A ( Submit one check for the c:omblned wtul of l'I!flewal fees, pay.bIe tJQ state of Minfh!l!lilOti ::;; oroanllatlon requirements: 1. An organization lic:er1se fee Of $350 pirlld arvtUally. AuthOrIratlon .: 33235 Organization: 0Wrth d St. Maron . 600 Unl\llersity Ave N::, Minneapolis, MN SS413 CEO: Sharbel M,rolJn 600 UnlverS\t:v Ave HE, Minn~l)Oiis. MN 55401 TrlltUret: Mid'tael Sll1'lOn J 3615 3rd St NE, Minneapolis, MN 55418 (612)781-7345 Gambling MalUller Requlrements= :1. A garrtlllng maM;Br f.c::n" tee of $11)0 plIid Illnn"'llly. Apr. 03 2009 10:54AM P1/5 ~OO1l005 ~ Current Uc:anse term: 41112007 to 3/31/2009 (611)3'~-21S8 COunty; HenrnlJpln !i!i ~ ~ th1";; ~7 i OI'giIIIIiZItMln "",rtlI!Il fOr i . walvar IIttle_ I'~,gr~- . ~.m.d In Mill lS".lIlW: L _ ~~!iLbd...j_ (6l2)379-2758 Aftnu.' Goal for Charitable ContributiOM Ofo ,.- .. '~._. Cambllng Manager Allthoriatlon= GH-S223S-QOl Current U~nse Tenn: 4/1/2007 to 3/31/2009 Edwerd Theodore Rice 1!;J The incllvki.8lllsWd is not: ri:!newIno __ ~ We I1fIYt enclcIsl1Ir::I i LG212 627 QUIncy St NE; Mlnneapols, MN 55413 app!atIOtlll':c'1:tIe l'lflW Wlcant. ".,. (612)319-8595 Band' #CCPOOS0396 Note Tnt gambli~ II'lIlnBgI!r c1utles...,. ",*~~by an Bt:.A .,. ~ny: Fld611tf &. DeJ;lo$it :'~= :~=~lO!nIIed bY ttle Mlnne5Ol8 ~R v' Gambling MIInager AffidaVlt.and t'onsent St;M'alMnt M~ . 1. I have never bien tOnVl<.t.;d ofa felony or a crime 12. t am not involvad dil1!div or Indl tZ.ngt& ~-:\. lnvoMng CClrnb/lng. 1'I'IlIl'l\.ll'ac:tul'er. ct diS1:r'ibl.ttof. . a.i ;Z. ! have never almmt=ed 8' ~IOlatlOn rllaw or br(l rule 13. I am not ~ d'tleI' ~ oflbrI. is ~ ~ that resulted in the revoc&tion oh license l$$l.l$d by tht 14. I am not the trBsu:w Of this . I. . . W'"'V::. !I Boitd with~ r.ve ~ before the dati! of !:he lialnSE! 15. I was not an off1(er Of an organ' it tl J . appkatkln. IXll=n&e QCCUrre:I which ca_ tl'lat: ergs . /$ ~ 3. I have mrolef been convlcb!d of II criminal violetlon Te'IOke<l. . . ~ . If1\ldylng fraud, theft, tax evasion, minptNentation, or aa=und Chedc. By lii9nature of this ..,,'" .~ambllng. unde authoriZes 1f1e Departments at Pu . ~. ! hO\Ie r,.ever been ClOrMd;e(I Of (I} assault, ('II) a crlmiMI !tevenue to CDl'lduct. c:rImlnll and tex background chec:k or riMew violation invrJving the use ~ a tlrearm, or (ill') m!Ikf"Q Gncf 1'0 share the teSI.Ilt$ wllt\ the Gambling O::lnt:'ol Board. Further r terroriGtic tl1reM$. J: ~, ~ end hereby ~bIy consent that sub and 5. I have newr been. or 1m t now, ~ with or acdol'lS rel.atl!lg to the subject mater oft!1i5 gambling manaaer e_ecIln an Illegal business. license eppIication. or ac:ts or omi$SiOns arising from SUCh 6. I have nEMM" had it seles aI'Id use Be permit revoked by application, may be ~ aQlinst me a'my orgenimtioil and . ti'\e commlssl:ner t:Jf revenue within the pa$t two years, ] will i!lccept the $etVic:e d pr'Ol:leai in ~InY CWt1; ofaxnpat8nt 7. I ,.~ MYer, after demalJd, falleHo file talC :etuins jurisdlr::tlcln In MII'll1eSOti by servil:e tlIi the Mir.naata ~rY of mqlolll'tcl ~ the ~ of JeVffnUe. S_ Of any summons, ~, or ple8ding autlni_ by tf'.e laWS S. I dO not owe $SOO QI' mere In cleIln.ql,lti'1t ta:ces as deftl'lQd of Minnesota. In see\ilon 270.72. failure to provide required Infl)l'll')ation or prOViding false or 9. [ tla\'& beln In ac:tlve member d the..orgaol7.atlon for It misUdif'lQ infemultlon may resut In the denlal or ~n d the leaIittvto vears fit the time d o'Jr~'i initial 'Iic:ense iir.en/if!. appl~, or haVe l:Ieen an ~c:tive member for at least the CMnges in the information submitted in this applicatiCtl.v.H11 te most ~ $il( months prlor to the effective date of our submitted in wrltlng 1"10 lllter than 10 dM oftcr ti'l* dlange has organizatlof1's I~nse renewal. takan effect. 10. ! am not ill Qfmbling ~ or an assiitant gam(llll'l9 1 ~e reac1 this application .\'IeI d8dal'8 that alllnfomlation maMgef fQr(lf".ather organizmon. tlm.....;S.. ~a 11. I em not e '-or, a member c# ~ te=r"S lm~ su....,., # m",~. htrnlly (II' a person residing irl the:same household as the ~...~. - ieG$Clr, ar an employee of . c.or of;!l pr~ where this i14ltUre,1n k, ~ gambling manager applicant o:vani~on has a (ieImit ls5IJed from the coare to eondIxt Date: J.., '~3 I (j'" lawful gambnng. ,JA...J, ..:::..il- '- FROM :ED RICE FAX NO. :612 379 8595 U3/24/2009 TUE 10:28 FAX 851 839 4032 Gamhling Control Bd Apr. 03 2009 10:56AM P3/5 ~003/005 lleenSe Number; 32235 Llc;:ense I!'tplratlon: 3/31/Jl1J9 L . I I.Chlef ~~~~utlve Officer's Ackn~I~~~ ~nd oath ] I declare that: I hmve read this applicatJM end all lnforrnbtlOn $l.lbmitl'Ed to the bra. All infQrmatlon Is tI\te,. i!lCCUnlte and complete. All ott'.er requIred Wormition has .baer. n.fty dl~ I am the c:hief eKaCl!tive otflCer of the orgilnization. I assume NIl re$POIlrilbility for the fair andlawftJl Q~on of III gan-b!ing i!Id:MIies tD be conduQed. I will tamllarite mvself Wlt1'l the laWS CI MlnnMOUI gr:M!ming liiM-:u1 gambling ana rules Of the aoard and l'.lgn!Ie,. if ik3'lsed, to abide by ~ I.INS and rules, indudlng amenclMel'ltS \'0 ~m. I 0!lI"ti1\' that tile gambling rnar'l2IQtr is bordtid ilIld kenMd as required per Mlnnaata statutai. I undel'5tlnd that failure to PrcMde llI:lU1tecllnfOrmatlorl cr proViding _ Of miSreading information may result in denla! or l~tion Qf the Ileense. A tflrmll'lltion plan Will be submltQtd to the Btan:I within 30 Oays ~ termination of Our QlImbling" gpe~. I haw rnd this appDCiItIon and <ledal't thlt aO InfOlmatlon $Ubmitmd i~ true. 8C'(Ul1lte, and ~'F:q,~i~ Sililljltl.lre, In ink, of enler' exewtlve omC8l' Date: L~m1 . '" -.. . . . .. . .. .. . . . .. - .. - .. . .. . . .. . . . . . ... . . .. .. .. ... . . . .. . ... . .. .. - .. . .. .. - - .. . .. .. . . . .. .. . ... " .. '" .. .. I . .. .. .. .. .. 'I . .. . . . .. _ .. .. .. . . . . Mall complete renewal application {all pages)1 and : one check made payable to the State of Minnesota . for all renewal fees by: 1/30/2009 to: Gambllng Control Board : l'l1WCoP.d6#JOOS. : . .. RoAI\1Ille' MN 5511"3 .. : '. .... . . .. -.... ..'I..... ... ........ ':......... 4.. - .. 4....... 'I........ II '1'1'1...... I. I.. 'I 'I" '" 'I... 'I....... 'I.... f................... ...... Licensing Contact: Kim Larsson Email: kim.larsson@gcb.stctte.mn.U$ Phone: (651)639~72 Fax #: (651) 639-4032 'T'he II'1l'o!1l'1itl f8QII8Sted on this fon'I'I (;,",1 W"I't ~t:lJmenr.s> WI!! bt used bY the Garnbing C'.t:lntrcI Bcwt:l (brd) l:o dctttmlne your ql.l&l~ns to be ir'iVOlYed in lawful gilTIblin; ildIYltlestn Mlnnaote, encl to lI55ist the eo!n:l In !:Ol\Cl\,ldSng ;) bo<:kSrO'..mQ InvauglliOn :1f you. yO\! htve the right W IlIfuliC to ~ the Inlillll'll:ltlOO ~; hl;1W\!lVCl", if you ~Iie to iUplJly thls fnfannlltio"' thlt EICJilrd may not te atIIe 11;1 detl:l'mll'lC your ~ons and, as a consequence, rnay refuse tc !ssue vOll a ll~ If you SUPP!v the InfamlatlQo'l reQl.lested. tile Scli~ will be abie to Pi'O(.'i(iSIl your apjllicati:n. "'(OUt neme ano __ v.fll be lSU~ informaf;o" wMn received by !he Board. AlIIJo.e o\:hler IIlFotmition lhiIt you grovi~e will be ~ d8ta about YOU until "!he Board i5$.ES your Iil:B'lSe. Wna'lltlEi BoaI'O IsslJe$ \f(lU~ lll:'b'lse, a1~ oftb= illfl1.lI'III;ian NlQJ hew provided to l:he Board an thI!: prceess tl8~no for Yl'JI.lI' lic&n$e d become pubfie except for your Sodll ~ numoer. whid'l re.'l1ii1lns pr!VatB. ]f 1he Boar.;! does not issua yOu ill fiaIonRlII!I irtllrnation ygl.l noVli provldilcl !n tile ~ of UllW1g tor a Ilcenst rell'lillns p."'Ivate, With t1ie ~ tit YOI.ll' l1lIf!'!40 1M ill1dm1i wnIt:h Y4II ""*" publle. . PrIVl1t1! dati l!lllout yQl.I....1lYMabIt ority ttI ti'ltl tollowlng: 8cIIn:l membel'S. &oar'll staff whose work 1!I1'l$i9lllr.l'rt JeQUif15 .thGl~ tney Iwle ec:eess tl;o the lnfornl;rtjon; tht "'i~ ~el\t" of PtJbIie $afltJ:y; the 1"I11\nesota Attorney (;jl!l1'$rllJ; thl! Minrlll$O'Ga CloIl'l'/llsslcNlr& d AdInltlistretion. FtnaOOl, end RfMtnLlei tht NirInaotiI i..egjiIItive AudIl;Qr. I'IllltklneI end inamlllticrnlllij~ legul.aiDry ~; anyone purlUl!!lt to a)Lft oraw; otJw Individuals and o!lg1lnQC$ t!'tct art 5Pedftcal!y allthorlzed by !Ml! Dr ~ IIlW to tliMJ ia:89$ to l2'le ln~tion; ir'IdMlSuali lil'lCl l.IQendeI fer whld'llaw or IlIllal on:ter authorlze:; i new use ~r Sharing of lnl'o.~ .atter ttMl !\()tiOe was given; and a'lYOl'Ilil with )'OUr written eoraM. OlpllClilllln,... _ Atpold I I.. ... ~ Resolution 09-22 April 7, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION OF THE CITY OF GOLDEN VALLEY APPROVING ISSUANCE OF A PREMISES PERMIT RENEWAL FOR THE CONDUCT OF LAWFUL GAMBLING (THE CHURCH OF ST. MARON) WHEREAS, Minnesota Statutes Chapter 349 provide for the licensing of lawful gambling by the State Gambling Control Board ("Board"); and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the Board a premises permit for the site; and WHEREAS, the Board may not issue or renew a premises permit unless the organization submits a resolution from the City Council approving the premises permit; said resolution shall have been adopted within 60 days of the date of the application was received by the City; NOW, THEREFORE, BE IT RESOLVED by the City of Golden Valley that the applicant listed below does meet the criteria necessary to receive a premises permit and the application is hereby approved: (Name and Address of Organization) Church of St. Maron, 600 University Avenue NE, Minneapolis, Minnesota 55413 (Name and Address of Site where Premises Permit Sought) Schuller's Tavern, 7345 Country Club Drive, Golden Valley, Minnesota 55427 Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Hey Memorandum City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. C. 3. Solicitor's License - Western Remodelers Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Western Remodelers. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION '..~ TO: Golden Valley City Council Fee Paid: $ ... lfJ 7800 Golden Valley Road Number. of Persons: \ Golden Valley, MN 55427 Type of License Requested: ~~ Enclose the sum of $ 3".&10 for / (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. tJes~t'/l R~n1"/e,;;'t"s B, /1 !?d/;':-ZS (Business or Individual Name to be Li6ensed) ,;( 3>IP.. 0 tJ, ~,. oe ~ n 4. r" 11 S T P df:. "<~, h A,/ r-S --/ / .3 (Address, including City, State and Zip Code) / ;21 ~5/- ~.:>-~ / Y // ..tJ1C /' t 3 -, 3 , ~ j-tJ J' ~ . C!-<e-~/ (Telephone Number, including Area Code) NOW, THEREFORE,,li, // ."pi:' t t: ~.!;' hereby makes application for the . ,I (Applicant Name) period of .."qoc, through 6/30/.otj, subject to the conditions and provisions of said City Code. QLf?~\ ~ (Signature of Applicant/Principal Officer) REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant Address Define Business Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization, supply: Name of Organization --We s ~ r /1 ,/?e nt ~ A .Ie r'.s. AddressofOrganization.A'S-~O' tJ. ~1"//tLn ~~,. . ~ T r?~;; $41 ~'Y/..3 (Include CitY, State and Zip eode) TeleQhone Number (Including Area Code) 45/ ~Pr /y/,/ Define Business ~ I'" II ~,J (Co poration, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: 81// RIJI/.~.s . /.j~~:<' .L/~4e-rSr N'lJ AI1~V~/'I J//;t/ . / " (If more space is needed, attach additional sheets) STATE OF (h 1/11 [IJ ($a11J" ) UC 11/ 1 J ) ss. COUNTY OF fJ (AV yVUI IV ) I, 13/lll(f~ S (Officerll ndividual) of (.t)e.> re"." R 'I? h1~/tI? ~ /"s (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. i!3..~ ~~ (Signature of Applicant/Principal Officer) JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 Hey Memorandum City Administration/Council 763-593-8002 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. C. 4. Solicitor's License - Wright At Home Services, Inc. Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Wright At Home Services, Inc. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION TO: Golden Valley City Council Fee Paid: $ 5 0 I 6'b 7800 Golden Valley Road Number. of Persons: L.{ Golden Valley, MN 55427 Type of License Requested: -So-ti Cl.+or- Enclose the sum of $ 50 for '1 (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. Lo 6 Cj~ - A\. \-"\-Dr)'U2. ~ (() ~ LQ,Q) J:(\L- (Business or Individual Name to be Licensed) \00/<0 vno.rd1~ laK \\;\J. ~ beM ty1t"\SS5h? (Address. including City, State and Zip Code) Ib.3l(Q3 d7d-lf (Telephone Number, including Area Code) NOW. THEREFORE. l!2 ( i ~ht -A+ - ~o,' (M,l: !;l;';.;by makes application for the lln' {2., Applicant Name) period of . \ ,y( " <6 through 6/30/ 6'1, subject to the conditions and provisions of said City Code. / ( ignature of Applicant/Principal Officer) REQUIRED LICENSE INFORMATION Applicant (if different from above): Name Address (Include City, State and Zip Code) Telephone Number (including area code) Date of Birth (if an individual) Business Name of Applicant Address (Include City, State and Zip Code) Define Business (Corporation, Proprietorship, Pa~nership, etc.; State of Incorporation) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): /Z &-1J{Y~,' 5i~}Lj) );u;ndcn~ 1 Gu- ~ NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. If the Peddler or Solicitor is so engaged on behalf of an organization. supply: Name of Organization Address of Organization (Include City, State and Zip Code) Telephone Number (Including Area Code) Define Business or (Corpo ation, Proprietorship, Partnership, etc.; State of Incorporation) List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: ie. Lu(~ M - \0101<0 fY\(M:h~ ho-K ~ ~ lort M. <6d 0 () <1\ fu.e. \\>> ~ do (h~ 55 It Ii ~ I,)a () --II '-l tl ~ L \{op.eSK.<-:? IJ!ti1 kJl~(h ~ l\r)ct~/lV) rnhSS31V; lc,I~-3101o4(~O vyu. ~ VY\()A.K _) ~ 0 I \ 5oroJ-vSe.. Lvo.~ lW ~ 6{VV( '-\1\,,\ tol ~ 'b ~9 ~ 7 a -r I ss 7> 1,/'1 (If more space is needed, attach additional sheets) STATE OF ) ) 55. COUNTY OF ) I, ~o~r+ \,.url4'ct-1 f((.SI~l--3 (Officerllndividual) of La f ~ ~h.-T- A+- t\u~ ~ (vi lL0 :t:t'i\lC , (Name of Organization) being fir5t duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. Subscribed and sworn to before me this d to 1"2 day of \'Y\ttrti"'\ I 20~. ~ (It/Vk)7/la1.A'j/ 1(at0t- (Signature) . ~...ft........_.'t' (f)-S ROXANNE MARIE KAASA ':'""~, Notary Public ~AI Minnesota ..... My CommisSion Expires Jan. 31. 2012 Minutes of a Regular Meeting of the Golden Valley Board of Zoning Appeals December 23, 2008 A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday, December 23,2008 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Sell called the meeting to order at 7 pm. Those present were Members Kisch, Nelson, Segelbaum, Sell, and Planning Commission Representative McCarty. Also present were City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. I. Approval of Minutes - October 28, 2008 MOVED by Kisch, seconded by Segelbaum and motion carried unanimously to approve the October 28, 2008 minutes as submitted. II. The Petitions are: 1816 York Avenue North (08-12-17) Tom & IIse Clark, Applicants Request: Waiver from Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements . 3 ft. off the required 35 ft. to a distance of 32 ft. at its closest point to the front yard (southeast) property line. Purpose: To allow for the construction of an addition with a sunroom above. Hogeboom stated that the applicants are proposing to convert their existing one stall garage to living space with a sunroom above. He noted that the proposed new addition will not extend any further toward the front yard property line than portions of the existing home already do. He added that the applicants are also proposing to construct a two-stall, detached garage in the rear yard that will meet all of the zoning code requirements. He stated that staff is in support of this request due the lack of a second garage stall. Sell referred to the survey of the property and noted that the variance request should be amended to read 4.41' off the required 35 ft. to a distance of 30.59 ft. at its closest point to the front yard property line rather than the 32 ft. written on the agenda. Hogeboom and the rest of the Board Members agreed. Segelbaum referred to the survey of the property and questioned the distance from the corner of the proposed new addition to the side yard property line and if there will be enough room for a new driveway. Kisch noted that there is approximately 16 feet of width to accommodate a new driveway. Hogeboom stated that he has been working with the applicants to make sure they understand the requirements for the proposed new driveway and two-stall garage. Minutes of the Golden Valley Board of Zoning Appeals December 23, 2008 Page 2 Kisch expressed concern about the proposed new garage requiring variances in the future. Hogeboom reiterated that he is confident that the applicants understand all the requirements they will have to meet when they build the proposed new two-stall garage. Kisch noted that since the proposed new garage is detached it is allowed to be located 5 feet away from the rear and side yard property lines. Hogeboom agreed and added that if the garage were attached to the house it would have to follow the same requirements as the principal structure. Tom Clark, Applicant, stated that they currently have a one-stall tuck under garage and their plan is to extend the footprint of that garage closer to the front yard property line (even with the front of the existing house) and convert it to living space. He explained that they have had severe water issues in their existing garage and that this proposal will fix those issues. Sell asked about the grading of the lot to accommodate the proposed new addition and garage. Clark explained that they will be grading the lot and landscaping the property to help the water flow out to the street. Sell asked the applicants how long they have lived in their house. Clark said 10 years. McCarty asked if the existing driveway and retaining walls will all be removed. Clark said yes. Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell closed the public hearing. Segelbaum asked the applicants if they are planning to build any type of connection from the garage to the house in the future. Clark said they would like to build some sort of walkway between the house and garage and they are thinking about building footings under the new garage in case they ever want to attach it to the house in the future. Sell explained that if the house and garage are connected then there would need to be a larger side yard setback. Use Clark, Applicant, stated that she understands that an attached garage would not be possible with the shape of their lot. Segelbaum asked the applicants when they are planning on building the garage. Mr. Clark said they would like to start construction by next fall. Segelbaum questioned if the Board should add a condition of approval stating that the proposed new garage would have to be built within a year and half because it may be a period of time before they decide to build the new garage. Mrs. Clark explained that they are doing the house addition first so they don't exceed the 1,000 square foot allowance for accessory structure space. Kisch said he thinks the hardship in this case is the water issue. He said he doesn't think the Board should mandate when the applicants should have to build their garage because the code states that a homeowner only has to show that they have the Minutes of the Golden Valley Board of Zoning Appeals December 23, 2008 Page 3 necessary space to build a two-stall garage, and the applicants in this case have done that. Segelbaum said he thinks his suggestion of adding a condition of approval as he stated earlier would then be unnecessary. Sell suggested that a condition of approval be added that says no variances shall be applied for in the future regarding the proposed garage. Kisch said he thinks that would limit any potential new owner of this property . Kisch asked the applicant how big their existing garage is. Mr. Clark said it is approximately 12 feet wide by 25 feet deep. Kisch referred to the survey of the property and asked if the proposed shed/lean-to is going to be built. Mrs. Clark said no because that would put them over 1,000 square feet of accessory structure space. MOVED by Kisch, seconded by McCarty and motion carried unanimously to amend the applicants request to read 4.41 ft. off the required 35 ft. to a distance of 30.59 ft. at its closest point to the front yard (southeast) property line. MOVED by Kisch, seconded by Nelson and motion carried unanimously to approve the variance request for 4.41 ft. off the required 35 ft. to a distance of 30.59 ft. at its closest point to the front yard (southeast) property line to allow for the construction of an addition with a sunroom above. 1524 Valders Avenue North (08-12-18) Todd & Susan Farley, Applicants Request: Waiver from Section 11.21, Subd. 11(A)(3)(b) Side Yard Setback Requirements . 3 ft. off the required 12.5 ft. to a distance of 9.5 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of a garage addition. Hogeboom stated that the applicants are proposing to convert their single stall garage to a two-stall garage. He added that the Board has typically considered a single stall garage to be a hardship; therefore staff is recommending approval of this variance request. Sell referred to the plans submitted with the application and asked about the proposed addition on the northeast corner of the house. Todd Farley, Applicant, explained that the addition on the northeast corner of the house is a bedroom addition. Kisch asked about the size of the proposed new garage. Farley said the garage will be approximately 22 feet wide x 32 feet deep. Susan Farley, Applicant, said she thinks the Minutes of the Golden Valley Board of Zoning Appeals December 23, 2008 Page 4 new garage will be approximately 22 feet wide x 36 feet deep. Kisch referred to the plans and asked about a one-foot discrepancy he noticed. Mrs. Farley clarified the discrepancy and reiterated that the proposed new garage will be 22 feet in width x 36 feet in depth. Segelbaum referred to the existing driveway space located to the right side of the existing garage. Mr. Farley explained that the existing driveway will be wide enough to accommodate the proposed new garage. Sell asked if the two existing trees in the front yard will remain. Mr. Farley said yes. Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell closed the public hearing. Kisch noted that the application states the variance request is for 4 feet off the required 12.5 foot side yard setback but the agenda states that the variance request is for 3 feet off the required 12.5 foot setback. Nelson noted that the survey states 3.5 feet. Hogeboom stated that staff used the dimensions shown on the official certificate of survey. MOVED by Nelson, seconded by Segelbaum and motion carried unanimously to approve the variance request for 3 ft. off the required 12.5 ft. to a distance of 9.5 ft. at its closest point to the side yard (south) property line to allow for the construction of a garage addition. 6900 Harold Avenue (08-12-19) Paul S. Olin, Applicant Request: Waiver from Section 11.21, Subd. 11 (A)(3)(a) Side Yard Setback Requirements . 2.08 ft. off the required 16.5 ft. to a distance of 14.42 ft. at its closest point to the side yard (south) property line. Purpose: To allow for the construction of an addition on the rear of the home. Request: Waiver from Section 11.21, Subd. 11(A)(3)(d) Wall Articulation Requirements . The wall of the addition along the south property line will be 39.33 ft. in length without articulating Purpose: To allow for the construction of an addition on the rear of the home. Minutes of the Golden Valley Board of Zoning Appeals December 23, 2008 Page 5 Hogeboom stated that the applicant is proposing to build an addition on the rear of his home. He said the applicant has stated that the home was originally built with the intention of building this addition in the future. In the meantime, the City's ordinances have changed and the applicant's plans and drawings have already been done. He stated that this proposal won't affect any neighboring properties and that staff is recommending approval of these variance requests. Kisch referred to the photos of the property and asked if the existing articulation of the chimney could be considered for the articulation requirement. Hogeboom explained that the articulation requirements state that the wall has to articulate for a distance of 8 feet and the chimney is 6 feet in width. Kisch asked if the chimney is considered when figuring the side yard setback requirements. Sell stated that chimneys typically aren't considered when figuring the setbacks. McCarty asked if a chimney would be considered if it has a foundation. Hogeboom explained that chimneys are only considered if they have a foundation and in this case the chimney does not have a foundation. Nelson asked the applicant if this proposal has always been his intent. Paul Olin, Applicant, said yes and that the recent hail storms have speeded up his construction plans. He added that his proposed new addition will add another egress window in the basement and explained that he has a bathtub upstairs that also needs to be replaced and the proposed addition will make the upstairs bedrooms and bathrooms more functional. Sell opened the public hearing. Seeing and hearing no one wishing to comment, Sell closed the public hearing. McCarty said he is having a tough time with this request because even though there isn't really a true hardship he thinks the articulation of the chimney should count toward the articulation rules because it meets the intent of the code. He added that he is also ok with the side yard variance request because there is no impact to any of the surrounding properties. Nelson agreed that there is no impact to any of the surrounding properties. She added that she thinks the new rules regarding wall articulation are great but in this case the chimney articulation meets the intent of the zoning code. Kisch agreed. Segelbaum stated that the applicant's noted hardship is that the zoning code changed in the midst of his plans and questioned if there are other hardships the Board should consider in making its decision. Olin reiterated that he started his plans before the zoning code was amended and that the proposed addition will allow for another egress window in the basement. He added that the house does not lend itself to be added onto in any other direction. Minutes of the Golden Valley Board of Zoning Appeals December 23,2008 Page 6 Kisch asked if the proposed addition could be set in an addition two feet so it would meet the side yard setback requirements. Olin said that the architecture on the inside of the house would not be pleasing if he jogged the proposed addition in an additional two feet. Kisch stated that the amount of square footage the applicants is proposing isn't going to create something that goes against the intent of the zoning code. McCarty said he is not sure he sees a hardship in this case other than an aesthetic one but he also realizes that the proposed addition will not go any closer to the side yard property line than the existing house already does. Segelbaum stated that the Board has to consider the impact to the surrounding properties along with the reasonableness of the request, balanced with the hardship. He said there is not much of a hardship in this case, but it is a reasonable request and there is no impact to surrounding properties. McCarty said he agrees, but questioned if a change in the zoning code constitutes a hardship. Segelbaum said he doesn't think it should unless the zoning code changes during the construction process. Segelbaum said that if this proposal had any impact to the surrounding properties he would feel differently. The Board members agreed. MOVED by Kisch, seconded by Segelbaum and motion carried 4 to 1 to approve the variance request for 2.08 ft. off the required 16.5 ft. to a distance of 14.42 ft. at its closest point to the side yard (south) property line to allow for the construction of an addition on the rear of the home. McCarty voted no. MOVED by Segelbaum, seconded by Kisch and motion carried unanimously to approve the variance request to allow the wall of the addition along the south property line to be 39.33 ft. in length without articulating Nelson asked the applicant when he plans on starting construction. Olin said he wants to start construction as soon as possible. III. Other Business The Board members discussed rescheduling their December 2009 meeting date. IV. Adjournment The meeting was adjourned at 8: 15 pm. Chuck Segelbaum, Vice Chair Joe Hogeboom, Staff Liaison Envision Connection Project Board of Directors Meeting Minutes February 19, 2009, (as corrected) Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, and Luke Weisberg (GVCEF Representative) Absent: Marshall Tanick, and Blair Tremere Staff: Jeanne Andre The meeting began at 7: 13 pm in the Council Conference Room. Approval of Minutes PenklGlover moved to approve the minutes of January 15, 2009. Motion carried. Fundraising to Support Bridge Builder Activities Sharon Glover and Dean Penk reviewed materials Sharon Glover prepared and distributed at the meeting, including: an Envision Connection Project Fundraising Plan and a Report on Nonprofit Organizations in Golden Valley. She also distributed photocopies of Philanthropic Foundations in the United States, prepared by the Council on Foundations and the Handbook for Starting a Successful Nonprofit prepared by the Minnesota Council of Nonprofits. She explained her methodology to identify Golden Valley non-profits and the nationwide categorization of non-profit organizations that is used by Foundations to identify their funding priorities. Ms Glover has identified a goal of raising $100,000 to support existing and proposed Connection Project initiatives and has identified 20 foundations that would fund these type of activies. She explained the difference between a private foundation, a non-profit, a community foundation and a related foundation. The members discussed the prior discussion on collaboration with the Golden Valley Community Events Fund (GVCEF), how the creation of a separate non-profit would relate to the Advisory Connection Project Board, and how the City collaborates with and/or directs the GVCEF, The Golden Valley Human Services Fund, and the Crime Prevention Fund. The members determined that the first priority is to identify the anticipated relationship of any new entity with the City and other organizations formed for the purpose of community building and support. Dr. Glover will gather information about the Edina, St. Louis Park and Minneapolis Foundations. Linda Loomis will contact the Plymouth Foundation and Helene Johnson will work with Ron Johnson, who is preparing a presentation on community foundations for the Minnesota League of Cities conference. The goal is to have a plan to move forward this summer. Golden Valley Connects Outreach Coordinated Volunteer Recruitment - Newsletter Feature - Jeanne Andre reported that the April/May issue of CityNews will feature volunteer efforts related to the Connection Project, Golden Valley Human Services Foundation, the Historical Society and the Golden Valley Community Events Fund. It will also list volunteer opportunities and highlight the upcoming Bridge Builder event. Envision Connection Project Board of Directors Meeting Minutes February 19, 2009 - Page 2 Golden Valley Days 2009 - Philip Lund has sent out letters to 13 organizations that have previously participated in the community booths. He will also contact the Golden Valley League of Women Voters, Calvary Cooperative Housing, the Humane Society and District Chess Clubs to see if they will participate. Bridge Builder Activities Sprina Bridae Builder Trainina - Helene Johnson reported that the Bridge Builder Coaches met and developed a framework for recruiting and supporting Bridge Builders that has three different types of activities. She distributed an outline summarizing the three activities. Quarterly meetings would continue with the purpose of networking and learning about Golden Valley and its assets. A 5-year Reunion Party would seek to recruit new people, teach them about Bridge Builders and connect them with other activities that support the community. It was proposed that this meeting occur on Thursday, April 16 from 7-10 pm. Jeanne Andre has reserved the Black Box Theater at the Perpich Center for Arts Education for this event. The third type of activity would be a longer training for people interested in starting a Bridge Builder initiative. A three-hour session on the morning of April 25 was tentatively scheduled at the Golden Valley Country Club (GVCC). After some discussion it was determined that this meeting might be too close to the Reunion Party and it would be better to delay this meeting until October. Helene Johnson will identify possible dates and Jeanne Andre will check with Marshall Tanick about rescheduling with GVCC. Bridae Builder Quarterly Meetina - The Calvary Coop is the venue for the next meeting on Saturday, February 28. Marshall Tanick has sent out reminder notices. Dean Penk agreed to facilitate the meeting. Buckthorn Bustina - Jeanne Andre forwarded information to Blair Tremere from the Environmental and Natural Resources Trust Fund seeking proposals for 2010 funding to further related initiatives such as the prevention and control of invasive species. He said he will look into a community-based initiative for buckthorn removal. Doa Park - Mayor Loomis will be working with folks interested in this initiative. Home Maintenance - Jeanne Andre reported that Valley Presbyterian Church, Calvary Church and PRISM have all expressed interested in supporting an initiative to assist homeowners with dilapidated property and a few resources to upgrade their property. City staff are working to set up a meeting to explore possibilities. Envision (Visi) Award Jeanne Andre reported that the City Council approved initiating an Envision Award at its last meeting. She circulated an approach to reviewing nominations received following the March 1, June 1, September 1 and December 1 deadlines. The members agreed that staff should forward copies of the nominations to the members and recruit at least two Board Members to meet at 6:30 pm before a regular Board Meeting to undertake a preliminary review of the nominations and craft a recommendation to the Board. Following Board action staff will fbrward the nomination to the Council to review. If the Council is in accord with the nomination it will occur at a subsequent Council Meeting. Envision Connection Project Board of Directors Meeting Minutes February 19, 2009 - Page 3 Future Meetings The next meeting will be on March 19. The members requested Jeanne Andre to determine if the April Bridge Builder Meeting could be delayed until April 23. If not, the Board Meeting will be rescheduled to April 23 to avoid conflicting with the Bridge Builder Meeting. The meeting ended at 9: 15 pm. Jeanne Andre, Assistant City Manager JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of January 7, 2009 The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to order at 1 :30 pm in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Kirk McDonald, City Manager, New Hope Anne Norris, City Manager, Crystal Staff Present Tom Mathisen, Director of Public Works, Crystal Randy Kloepper, Utility Maintenance Supervisor, Crystal Guy Johnson, Director of Public Works, New Hope Jeannine Clancy, Director of Public Works, Golden Valley Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Other Scott Harder, Environmental Financial Group, Inc. Shahin Rezania, Director of Water Treatment & Distribution Services, Minneapolis Chris Catlin, Superintendent of Water Plant Operations, Minneapolis Approval of JWC Minutes MOVED by Norris, seconded by McDonald and motion carried unanimously to approve the minutes of the December 3, 2008 meeting as submitted. Fridlev Membrane Filtration Plant Shahin Rezania and Chris Catlin attended to give an updated presentation on the status of the Fridley membrane filtration plant. A subcommittee of the Minneapolis City Council will hear the presentation next week before introduced to the Minneapolis City Council the following week. The Fridley filtration plant started in 1997. In the early 1990s, Minneapolis recommended the use of a membrane filtration system. In Minneapolis, many structures date back to the 1920s. Minneapolis replaced the Columbia Heights plant with a membrane filtration system and the plant was online by 2005. In 2004, the process started for improving the Fridley filtration plant and later a consultant was hired to do the design. Adam Kramer (now retired) was the Minneapolis Director of Water Works and directed the project at the time. Joint Water Commission January 7,2009 Page 2 Fridlev Membrane Filtration Plant - Continued Since the process to convert to a membrane filtration system began, revenues and consumption has decreased for a number of reasons, including improved products on the market that encourage water conservation. The water quality from a membrane filtration system is excellent; however, some of the problems associated with a membrane filtration system include: (1) removal of particles only and not solubles, (2) taste and odor issues, and (3) maintenance and material costs. Minneapolis is looking at marketing its water to other cities as part of its business model. Minneapolis is committed to continuing to increase the use at the Columbia Heights membrane filtration plant. Clancy asked what Minneapolis is doing to extend the lifespan of the Columbia Heights plant. Mr. Rezania said that due to less demand for the materials used in the membrane filtration system, the costs are higher. The membrane uses costly chemicals for cleaning. Minneapolis continues to purchase the most durable products available and. even with high quality products, the lifespan is difficult to predict. The membrane has numerous small plastic valves that are made of less durable material. Increase in demand would bring those costs down. Currently, one-third of the water comes from Columbia Heights and two-thirds comes from the Fridley plant of all water produced by Minneapolis Water Works. Mathisen asked what involvement the Metropolitan Airports Commission (MAC) would have in water issues. The MAC currently pays its water use at a residential charge. MAC has talked to other Metro area cities for a cost comparison and approached Minneapolis requesting consideration of reducing rates they are given. In May, Minneapolis will be discussing the next 5-year budget plan (2010-2014). Harder suggested the JWC consider organizing an interim board consisting of a combination of appointed and elected officials (two to three from each city) to meet over the next three months to discuss the final details. As the next step, Tom Burt will talk with Mayor Loomis about getting an interim group set up to start meeting in February. Clancy requested that the information presented to the Minneapolis subcommittee and the Minneapolis City Council be sent to the JWC. Mr. Razania will forward the presentation to the JWC that includes the Minneapolis Water Works' recommendation. Joint Water Commission January 7, 2009 Page 3 Fridley Membrane Filtration Plant - Continued Clancy posed the question again about the possibility of Minneapolis collaborating with Golden Valley to build a plant in Golden Valley. Norris commented that this topic has not reached staff level for discussion. Proposal for Water Supply Turbine Generation Feasibility Study Burt, Clancy, and Tracy met with Barr Engineering Company to look at generating power with the use of turbines at the reservoir. Barr submitted a proposal for the JWC to consider. The lump sum amount proposed is $22,000. Mathisen commented that he had a similar idea several years ago. At that time, Barr did an unofficial review and determined it was not feasible. Mathisen agrees it is time to look at the possibility again, but as a next step have Barr meet with the TAC first and not move ahead with spending the money. Burt agreed and recommended looking into what grants might be available from Xcel. MOVED by McDonald, seconded by Norris and motion carried unanimously to refer the potential project to the TAC for consideration. Resolution 09-01 regarding Designating Depositories for Joint Water Funds Commissioner Norris introduced the following resolution and moved its adoption: RESOLUTION 09-01 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: Burt, McDonald, and Norris; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Vice Chair. Other Harder said that General Mills would like to meet with Barr and review the engineering concept plan before implementation of the emergency water supply plan. The call order of wells is (1) New Hope and (2) General Mills 3 and 4. The costfor each well will be about $0.5 million. It will be approximately $487,000 to tie the New Hope well into the system. Harder said working with General Mills has gone well. The hydraulic modeling is complete and the TAC will need to review the study prior to final form. Joint Water Commission January 7, 2009 Page 4 Other - Continued Scott Harder forwarded the Water Supply Plan to the JWC in October 2008; however, only Golden Valley acknowledged receiving a copy. He will resend the plan via email to the JWC. Next Meeting The next meeting will be Wednesday, February 4,2009, at 1 :30 pm. Ad;ournment The meeting was adjourned at 2:50 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Administrative Assistant GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes February 23, 2009 Present: Commissioners Anderson, Baker, Chandlee, Hill, Pawluk and Stremel. Also present were Jeannine Clancy, Director of Public Works; AI Lundstrom, Environmental Coordinator; Eric Eckman, Public Works Specialist; and Pat Schutrop, Administrative Assistant. Absent: Commissioner St. Clair Prior to calling the meeting to order, Pawluk informed the Commission that Siah St. Clair has resigned. Commissioner terms will be discussed later in the meeting. 1. Call to Order Pawluk called the meeting to order at 7:00 pm. 2. Approval of Reaular Meetina Minutes - January 26. 2009 MOVED by Anderson, seconded by Stremel, and the motion carried unanimously to approve the minutes of the January 26, 2009 meeting. 3. Mayor's Climate Protection Aareement (MCPA) . MCPA Proqress Report a. Measurement - The City Council adopted a resolution to join ICLEI (International Council for Local Environmental Initiatives). Two of the three energy audits are completed. Results of the audits at City Hall and the Public Safety building were discussed. Staff will be looking into how to incorporate projects into the Capital Improvements Program. A new software program will be available to provide assistance in measuring the city's energy reductions and may be utilized to measure residential carbon footprints. b. Education Articles -The March/April CityNews will include an article on "Measuring Your Carbon Footprint. Staff requested assistance on the May/June article (Volunteer Buckthorn Project Update). c. Development Materials - nothing new. d. Education Forum -Lawrence Baker, from the U of M, is available for the March meeting. The other commissions and the council will be invited to a joint meeting at 6:00 pm. e. Green Team - The team has not met since the last commission meeting. . Discuss Hostinq Forum on liquid Assets - Pawluk reviewed the DVD and expressed concern about given the 90-minute length, whether a public forum would be successful. Staff will pass the concerns on to the Mayor. Minutes of the Environmental Commission February 23, 2009 Page 2 of 2 4. Proaram/Proiect Updates a. TMDL I. Sweeney Lake - still in the load allocation phase. ii. Medicine Lake - they have been collecting data for years so they are currently reviewing the modeling stage. iii. Wirth Lake - just getting started. iv. Minnehaha Creek and Hiawatha - just getting started. b. 1/1 - 100 residents in the 2009 PMP area that received their 3rd and final invitation for the free inspection. The deadline for getting the inspections is April 15th. c. Private Development Update - Duke Development is moving forward with the PUD for the parking ramp in the West End development. Staff from the Metropolitan Council will be appearing at the Council/Manager's workshop in March to present the capital improvement program to address the sanitary sewer issues associated with this development. d. Commission Terms - The Mayor has requested that any commissioners with terms expiring, contact her directly with their intentions to either renew or let their terms expire. A new chairperson and vice chair need to be elected. 5. Commission Member Council Reports None 6. Other Business None 7. Adiourn MOVED by Hill, seconded by Baker, and the motion carried to adjourn. The meeting adjourned at 7:50 pm. The next scheduled meeting will be March 23, 2009 at 7:00 pm. ~lley CIVIL SERVICE COMMISSION MEETING 7800 Golden Valley Road - Golden Valley, MN 55427 Monday, February 2, 2009 - 6:00 PM Public Safety Building Conference Room MINUTES Call to Order Attendance/Roll Call The meeting was called to order by Chair Peterson at 6:05 PM. Present at the meeting were Commissioners Bruce Peterson and Gloria Kumagai; and Police Chief Stacy Altonen, Commander Mike Meehan and Amanda Johnson. Commissioner Tanick and Commander Nate Gove arrived later. Aqenda Review The agenda was reviewed and no additions or revisions were suggested. Approval of Minutes of October 28. 2008 Commissioners reviewed the minutes and suggested revisions by Chair Peterson. Chair Peterson requested an additional change under the "Approval of Minutes" to remove "the" prior to "... point #3 of the section titled... " Commissioner Kumagai moved to approve the minutes as amended; seconded by Commissioner Peterson. The amended minutes were approved by consensus. Staffinq Proiections for 2009 Chief Altonen advised three officers began training in July. Of those, one officer has completed training, one remains in training and one resigned on December 24th. A candidate was selected from the Police Officer Eligibility Register to fill the position vacated by the officer who resigned. A conditional offer has been given and a background investigation is underway. Chief Altonen advised Joanne Paul, Amanda Johnson and the community service officers have taken on new or re-assigned duties. Police Officer Recruitment/Selection Process Report Chief Altonen advised a recruitment video should be complete by March 1st and will be published on the city website once technology will support it. The video will serve as a recruitment tool to attract potential employees, but will also be shared at community meetings to give insight into the people and operations of the Golden Valley Police Department. Police Civil Service Commission Meeting Minutes February 2, 2009 - Page 2 Hey Chief Altonen advised commissioners she is exploring a lateral hiring process for officers seeking employment from other agencies. Further discussion will ensue at a future meeting. Chiefs Report 2008 Goals Chief Altonen advised most of the department goals for 2008 were met, including: reducing OIC time, installing a squad camera system, purchase of new rifles for squad cars, hosting additional public education classes, installing new technology in the training room and roll call room, increasing bike patrol details, hosting investigative review meetings, completing a property room audit and re-opening cold homicide cases. Chief Altonen advised Part I crimes were down 10% in 2008 and Part II crimes were down 3%. 2009 Goals Chief Altonen advised commissioners of 2009 department goals, including: increased traffic enforcement (including commercial vehicle enforcement), bringing the property room up-to- date, increased bike patrol, installation of mobile technology for detective vehicles, pursuing all leads in cold homicide cases and increased leadership development opportunities and training initiatives. Election of Officers In accordance with state law, which states the member in the last year of their term shall be Chair of the Commission, Gloria Kumagai will serve as chair during 2009. Bruce Peterson was elected secretary by consensus. Other Business Commissioner Tanick inquired about the budget situation for the city. Chief Altonen advised in 2009 and 2010 the city will incur a cut of approximately $350,000. Certain capital improvement projects may be delayed during those years. Closinq Comments Chair Peterson advised commissioners remain privileged to serve and are delighted with the caliber of the police department. Chair Peterson stated he can sense are-commitment of many officers and advised commissioners extend their best wishes to the police department in 2009. Chief Altonen also thanked commissioners for their service and support. Adiournment The meeting was adjourned at 7:00 PM. Respectfully submitted, Marshall Tanick, Secretary lI~i~~;, 1..Gall'~Qi.Q~:~~rD The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m., Thursday, February 19,2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Gall Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Note: Also present: Commissioner Pauline Langsdorf Commissioner Linda Loomis, Treasurer Not represented Commissioner Michael Welch, Chair Not represented Commissioner Daniel Stauner Alternate Commissioner Liz Thornton Alternate Commissioner Wayne Sicora Commissioner Manuel Jordan Counsel Engineer Recorder Charlie LeFevere Karen Chandler Amy Herbert Commissioner Kris Sundberg arrived after roll call Laura Adler, BCWMC Technical Advisory Committee, City of S1. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth John Devine, New Hope Resident Jack Frost, Metropolitan Council Environmental Services Scott Fuhs, Dundee Landscape Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley Jason Quisberg, City of New Hope Duane Russ, New Hope Resident Mary Jo Russ, New Hope Resident Steve Schmidt, Plymouth Resident Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Chair Welch announced that agenda item 4Gvi - BCWMC's Mission and Goals - would be taken after Old Business item 6A - Update on 9209 40 Yz A venue, New Hope, Variance Request. Ms. Thornton moved to approve the agenda as amended. Ms. Loomis seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from the vote]. Chair Welch removed the January 15, 2009, meeting minutes and the fmancial report from the Consent Agenda and announced there is no Consent Agenda to approve. No citizen input. #249214 vI I} BCWMC February 19, 2009, Meeting Minutes A. Presentation of the January 15, 2009, BCWMC meeting minutes. Ms. Chandler stated that in the January 15,2009, meeting minutes on page 3 under Old Business item A - TAC Recommendations- the information provided about the Commission requesting that $600,000 of the Plymouth Creek restoration be assessed by an ad valorem tax by Hennepin County was incorrect. Ms. Chandler clarified tbat actually the Commission will need to assess the entire cost of the project in the Commission's upcoming ad valorem tax levy request to the County for its collection in 2010. Chair Welch stated that in the second bullet on page 5 of the minutes the reference to "the permit for the project" should be changed to state "the approval of the minor plan amendment process." Ms. Loomis moved to amend the minutes per Chair Welch's recommendation, to annotate the minutes to reflect the correct information about the ad valorem tax levy request amount, and to approve the minutes as amended and annotated. Ms. Thornton seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from the vote.] [Commissioner Sundberg arrives.] B. Presentation of the Financial Statement. The general and construction account balances reported in the February 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 514,397.25 514,397.25 Construction Account Balance (cash) Investment Balance TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cashl investments available for projects 3,008,550.27 0.00 3,008,550.27 3,743,721.70 (735,171.43) Chair Welch directed Ms. Herbert to add to the BCWMC's March meeting agenda a review of the Commission's 2009 Operating Budget. C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through December 31, 2008 - invoice for the amount of $1,009.92. ii. Barr Engineering Company - Engineering Services through January 30, 2009 - invoice for the amount of $39,382.46. iii. Barr Engineering Company - Sweeney Lake TMDL Services December 27 - January 30, 2009 - invoice for the amount of $2,600.00. iv. Amy Herbert - September Recording Administrator Services - invoice for the amount of $2,345.41. v. SEH, Inc. - Sweeney Lake TMDL Study Work through December 31, 2008- invoice for the amount of $390.00. #249214 vI BCWMC February 19,2009, Meeting Minutes 2} vi. SEH, Inc. - Sweeney Lake TMDL Study Work through January 31, 2009- invoice for the amount of $915.00. vii. City of Golden Valley - Reimbursement for payment of CNA Surety for Bond Insurance Premium in the amount of $100.00. Chair Welch requested the removal of the Barr Engineering Services invoice. Ms. Sundberg moved to approve payment of invoices i and ill through vii. Ms. Langsdorf seconded the motion. By call of roll, the motion carried unanimously [City of Mediciue Lake absent from the vote]. Chair Welch asked Ms. Chandler for more details ou the charges in the invoice for the work of Greg Wilson on the Medicine Lake TMDL Study. Ms. Chandler said she would find out and would report the information to Chair Welch and Barr could also provide the information at the next Commission meeting. Chair Welch also reminded Barr that work on TMDL studies that don't have their own budget should be charged to the BCWMC's TMDL Studies budget line. Chair Welch moved approval of Barr's Engineering Services invoice in the amount of $39,382.46 with the caveat that Barr follow up with the information about the Medicine Lake TMDL work in an e-mail and at the March Commission meeting. Ms. Loomis seconded the motion. By call of roll, the motion carried unanimously [City of Medicine Lake absent from the vote]. D. Review 2009 Engineering Budget and Approval of Resolution 09-03 Amending the BCWMC 2009 Operating Budget to Carry-over $1,700 from 2008 Demonstration! Education Grants. Ms. Chandler stated there are recommendations in the Engineer's Memo including the recommendation that the Commission authorize follow up work from the tunnel inspection at a cost of $5,000. She said that work could be billed to the Surveys and Studies budget line. She said the Engineer also recommends the Commission authorize the Engineer to work with the Recording Administrator to prepare the annual report and to perform WOMP support tasks as requested by the Metropolitan Council and the Minneapolis Parks and Recreation Board. Ms. Chandler said the cost of the additional sampling Barr has recommended for the 2009 season would fall within the previously approved water quality monitoring budget of $49,000 and that more details of the monitoring would be discussed later in the agenda. Chair Welch asked if Minneapolis Parks and Recreation Board had taken on some of the WOMP work and Ms. Chandler said Barr would get that clarified. Ms. Sundberg moved to approve the Engineer Budget recommendations a - c in the February 10, 2009, Engineer's Memo. Ms. Langsdorf seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. Ms. Loomis moved to approve Resolution 09-03 - A Resolution Amending the Bassett Creek Watershed Management Commission's 2009 Operating Budget by Reappropriating Funds from the 2008 Budgeted Expenditures into 2009. Ms. Thornton seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. E. Approval of Contract with MMKR CPA for Audit Services. Chair Welch said the MMKR contract states the cost is $8,650 for the audit and that there would be additional fees of $600 - $800 for work that may need to be completed if it is necessary to meet auditing standards. Ms. Sundberg asked if the BCWMC received other bids for this work. Chair Welch said he thought MMKR was the only firm who bid. Ms. Loomis said typically MMKR bid comes in lowest since the firm is already at the City of Golden Valley conducting the city audit. Ms. Loomis moved to approve the MMKR contract. Ms. Sundberg seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. #249214 vI BCWMC February 19, 2009, Meeting Minutes 3} F. Review CIP Reserve Account Policy and its $250,000 minimum account balance. Ms. Loomis moved to continue the discussion at the March BCWMC meeting. Ms. Thornton seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. G. Organizational Meeting i. Appointment of Chair ii. Appointment of Vice Chair iii. Appointment of Secretary iv. Appointment of Treasurer Ms. Thornton moved to keep the current officers in their positions for 2009 - Michael Welch, Chair; Ginny Black, Vice Chair; Linda Loomis, Treasurer; and Pauline Langsdorf, Secretary. The motion carried unanimously [City of Medicine Lake absent from the vote]. v. Appointment of Budget Committee. Chair Welch said the Budget Committee has typically comprised the Commission officers and that it usually meets in May. He asked if any other Commissioners wanted to participate on the Committee. Mr. Sicora said he would be interested but would need to check his schedule. Ms. Loomis moved to approve the Budget Committee as discussed. Mr. Stauner seconded the motion. The motion carried unanimously [City of Medicine Lake absent from vote]. vi. Discuss BCWMC's Missions and Goals. Chair Welch directed Ms. Herbert to send to the Commission the goals reviewed by the Administrative Services Committee and deferred the discussion to the March meeting. vii. Discuss 2009 T A C Liaison Schedule. Ms. Loomis said she would attend the May TAC meeting as the Commission Liaison. Mr. Jordan said he would take the March TAC meeting as the Liaison. viii. Set Month! Date for 2009 Watershed Tour. The Commission discussed possible dates for the tour and decided the tour will be held on a Thursday morning in June other than the Thursday of the Commission meeting. Chair Welch stated that the Plymouth Creek restoration and the West Medicine Lake Park Pond project sites should be part of the tour. Mr. Jordan stated that the South Park /394- environmental corridor should be part of the tour. Chair Welch directed Ms. Herbert to add to the BCWMC's April agenda a discussion of the watershed tour itinerary and details and directed the TAC to discuss and provide the Commission with recommendations on tour stops. No New Business A. Update on 9209 40 l/z A venue, New Hope, Variance Request. Ms. Chandler reminded the Commission that the variance request was discussed at the November 2008 meeting. She stated that the Commission tabled the matter at that time to allow the City of New Hope, the property owner, and the landscape contractor the opportunity to explore ways to eliminate the need for the variance or to identify more appropriate reasons for the variance. Ms. Chandler explained that #249214 vI BCWMC February 19, 2009, Meeting Minutes 4} the Commission authorized the Commission Engineer to provide assistance if either the City or the property owners requested it. She said that letters went out to the City and property owners to that effect but that no help has been requested of the Commission Engineer. Mr. Stauner stated that he had asked for this issue to be reviewed at this meeting because it seemed like it was getting lost in limbo and that he feels it is not appropriate to let matters languish. He said he has spoken to the City of New Hope and it is not going to provide compensating storage at its expense for a private landscaping project. Mr. Stauner said the City had put the contractor in touch with the Bassett Creek Watershed before any work was done. He said the City had the understanding that the contractor would pursue any necessary permitting before any work was done. He said from the City's standpoint it was up to the contractor to pursue the necessary permitting before any work was done. Mr. Stauner said there may be in the future a project that has the possibility of providing additional compensating storage such as with the Northwood Pond project but that the City will not spend taxpayer money to provide the compensating storage. Chair Welch said that decision by the City of New Hope is a new development since the November discussion of the variance. Chair Welch said that he wants to separate the issue of the variance from the matter of the process with which the Commission works with the cities on permits and the communication between the Commission and the member-cities. Mr. Stauner said that this variance request did not come to the Commission until after the project was completed. He said now the Commission needs to consider that this is an after-the-fact approval request and the Commission needs to seriously weigh the precedent it sets with its decision. Ms. Sundberg commented that variances are supposed to be submitted before proceeding with a project. She said the property owner is caught in the middle because the contractor failed them. She said she doesn't like penalizing the property owner for the failure of their contractor. She asked if there are other options. Chair Welch said it doesn't benefit anyone to talk about who was at fault because at this point the Commission has a very limited scope on what it needs to decide and it needs to look at the application of the Commission's rules in order to make a decision. He said that first the . Commission needs to decide what is the application of the Commission's rules in this circumstance and second the Commission needs to decide what to do about it. Mr. LeFevere said that this variance application should be considered in the same light after the fact as it would have before the fact. He said jf the property owner had the grounds for a variance and they would have been entitled to a variance, they shouldn't be denied a variance as a punishment for not getting approval first. On the other hand, he explained that the property owner shouldn't be granted a variance that they otherwise wouldn't have gotten because the property owner went ahead without getting a permit. He said what the Commission is looking at is the application of the Commission's rules. Mr. LeFevere said the Commission's rules have standards for variances. He said the standards are very similar to the standards that cities have for variances for zoning regulations. He said generally if there is a circumstance unique to the property that prevents a substantial enjoyment of the property and the application of the code to that specific property poses a hardship, then granting some relief may be reasonable. He said that in general those kinds of variances are applied under the land planning act and are unique to the properties - there has to be something wrong with the properties as opposed to a problem the individual land owners have. He said the #249214 vI BCWMC February 19, 2009, Meeting Minutes 5} rules have to apply the same to everybody. He said if this variance were justitied in the case of any one applicant, the same kind of variance should be granted to all applicants. Mr. LeFevere stated that in the case of floodplain regulation, the standards are slightly different. He said there are rules relating to the use and development of the floodplain and it is possible to apply for variances to those rules. Mr. LeFevere said there is one limitation on those variances and that is in the case of a use in the floodplain, the rules state that the variance shall not allow a lower degree of flood protection than the flood protection elevation stated in Table 5-3 of the BCWMC's Watershed Management Plan. He continued by saying that Table 5-3 states flood elevations thronghout the watershed. Mr. LeFevere said what it means in the case of adding fill is that fill can be added but something needs to be done, i.e., provide compensating storage, so that the addition of till doesn't provide a lower degree of flood protection than the flood protection elevation stated in Table 5-3. Mr. LeFevere said that from talking to BCWMC staff he understands that the Commission has never granted a variance for the addition of fill in the floodplain that didn't provide compensating storage. He stated that it seems to him the only way around the limitation is if the Commission determines as an interpretation of its own rules that there is some sort of acceptable de minimus level where the impact on the floodplain is so small that the Commission doesn't consider it an affect on the floodplain. He said that is a bit of a slippery slope but they rules are the Commission's to interpret. Mr. LeFevere said the November discussion stalled on the issue of whether or not compensating storage could be provided. He said information provided today clarities that the City of New Hope will not provide compensating storage at taxpayer expense but could it be provided at property owner expense? Mr. LeFevere said another possibility is to change the project such as terracing the project so that there isn't a net increase in fill in the floodplain. He said the addition of any till in the floodplain requires a variance and under the code, if the variance is going to result in a decrease in flood elevation protection, then the variance can't be granted and the way to avoid that is with compensating storage. Mr. Stauner said there is the possibility of providing compensating storage when the City of New Hope dredges stormwater sediment from Northwood Lake. He said there is the possibility of taking out some dirt on the shoreline to increase the capacity and the estimated cost is $400 - $500. Mr. Stauner said the City of New Hope will not use taxpayer money to do that work but if the property owner would agree to pay that cost then providing compensating storage that way is a possibility. Ms. Loomis moved to approve the variance with the condition that compensating storage is provided and that the property owner work it out with the City of New Hope on how the compensating storage is provided and paid for. Ms. Sundberg asked who would take responsibility for making sure it happens. Ms. Loomis said the City of New Hope. Mr. Quisberg said he assumes the dredging project would take place in the next year or two but there is no set schedule. Ms. Sundberg seconded the motion. Mr. Mathisen commented that people are forced to remove fill from the floodplain all of the time. He said in his mind this is a landscaping issue that has violated the rule. He said it is clear that the fill has to come out. Mr. Welch said the Commission could approve the variance request, could deny the variance request, could approve the variance with conditions, or could take a request from the property owners to delay the decision to give them time to address the issue. Mr. LeFevere stated that if the variance is denied the Commission needs a reason or reasons for denying it. He said implicit in the granting of the variance is that conditions have been met. He #249214 vI BCWMC February 19, 2009, Meeting Minutes 6} said the Commission may want to ask itself that if the motion is passed does it want to put some time limits on it. He said for example the property owner needs to make arrangements with the City within 90 days even if the work is done later. Ms. Loomis amended her motion to include that the property owners would need to come to an agreement with the City within 90 days. Ms. Sundberg agreed to the amendment. Chair Welch moved to amend the motion. Ms. Sundberg seconded the motion to amend. The motion to amend carried unanimously [City of Medicine Lake absent from the vote]. Mrs. Russ stated that she liked what Mayor Loomis had discussed and she thinks she and her husband would be able to work with the City. Chair Welch stated that he will not vote in favor of the motion on the table to approve the variance with the condition because he thinks it prolongs the situation unnecessarily and it confuses the situation with regard to the Commission's application of its roles. He said he does understand the need to come to some resolution that is palatable to the commissioners. Ms. Langsdorf stated she intends to vote against the motion for the same reasons. By call of roll, the motion carried with five votes in favor [Cities of Golden Valley, Minnetonka, New Hope, Plymouth, and Robbinsdale] and three votes were against [Cities of Crystal, Minneapolis, and St. Louis Park] [City of Medicine Lake absent from the vote]. Chair Welch directed Barr to draft a letter to inform the property owners and the City of New Hope of the decision prior to the next Commission meeting. Chair Welch said the Commission revised its Requirements for Improvements and Development Proposals document but that it needs to do more work to clarify its review procedures. Chair Welch said the Commission's review process works within the city's 60-day timeframe although it is also the Wetlands Conservation Act authority, which is a separate permitting body. He said the process is really complicated, which is why he thinks there needs to be clarity with the cities about how the process works. Mr. LeFevere commented that there should a discussion about how the Commission's requirements are integrated into the cities' permitting process and the 60-day rule is part of that process. He said there should be a process where an application comes in and the 60- day review period starts getting tracked. Mr. LeFevere said that process is probably fairly technical and perhaps the T AC should take a look at it and figure out how to make it happen. He said in the case of a variance application, under the Commission's roles, the application is flIed first with the city, which starts the 60 days, and the city is responsible for sending it over to the Commission. Mr. LeFevere said a bigger issue is enforcement. He said the way it works is that the enforcement mechanism is through the member cities. He said the way it works under state law is that the watershed management organization (WMO) adopts its plan. The cities are required to adopt local plans that conform with the Commission's plan and after that the cities have 180 days to amend their official controls. He said it means they need to go back into their laws to make sure the WMO's plan is implemented. Mr. LeFevere said the Commission isn't taking any steps to make sure that's happening. He said the Commission is really done with its review when it reviews the local plan and the city has the legal responsibility for implementation and the Commission doesn't really know whether it is happening. Mr. LeFevere said perhaps the TAC should take a look at that, too. He said he doesn't think cities want to be in the position of having to enforce something that wasn't in their ordinances. Chair Welch said the application of that is that New Hope's ordinance should match what is in the BCWMC's Watershed Management Plan. Ms. Loomis moved to authorize the Chair to give direction to the T AC. Mr. Jordan seconded the motion. The motion carried unanimously [City of Medicine Lake absent from the vote]. #249214 vl BCWMC February 19,2009, Meeting Minutes 7} B. 2008 Lake Water Quality Study Report for Sweeney Lake and Twin Lake. Ms. Chandler handed out information that is part of the report and reminded the Commission that it had received the report's Executive Summary in the meeting packet. She said historically in Sweeney Lake the water quality has been improving comparing 2008 data from 2007 and 200S data. Chair Welch directed Barr to send the report to Ron Leaf of SEH to get his thoughts on the Sweeney Lake water quality information. Ms. Chandler said that for Twin Lake the summer phosphorus average took a large spike up, which is concerning. She said it could have been caused by last year's later ice out because it could have allowed a larger phosphorus build up lower in the water or perhaps it could have been due to flow from Sweeney Lake. She said Barr doesn't know if the phosphorus spike is a one-time thing or not, which is why Barr is recommending additional monitoring of Sweeney and Twin Lakes in 2009 and she will discuss this further later in the agenda. Chair Welch said if Barr, in the next month, thinks of other things during its discussions with Ron Leaf or others that would be measures the Commission could take regarding the water quality of Twin Lake then Barr should bring those ideas back to the Commission as soon as possible. [Kris Sundberg departs.] Ms. Loomis moved that the Commission accept the report and authorize Ms. Herbert to post it on the Commission's Web site. Mr. Stauner seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from vote]. C. 2009 Water Quality Monitoring Program. Ms. Chandler reported that the 2009 water qnality monitoring budget is $49,000. She said the Engineer's Memo lists the three items that are included in that budget: General water quality activities; Bassett Creek biotic index monitoring; and detailed lake monitoring. Ms. Chandler said no additional budget is needed but Barr recommends that within that budget the Commission add the water quality monitoring of Sweeney and Twin Lakes in 2009. Mr. Stauner moved to approve the water quality monitoring and analysis of Twin and Sweeney Lakes in 2009 as recommended in the February 10, 2009, Engineer Memo. Ms. Loomis seconded the motion. Mr. Sicora asked if the Commission wants to wait to hear back from Ron Leaf of SEH before the Commission makes a decision on the additional monitoring. Chair Welch said if feedback comes in from SEH or others with a different recommendation then Barr can bring it back in front of the Commission for its consideration. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from vote]. D. Minor Plan Amendment and Public Notification Process - Discuss Schedule. Chair Welch reminded the Commission that the public hearing will take place at the March Commission meeting for a minor plan amendment. Chair Welch directed staff to direct an information about the changes to the Plymouth Creek Capital Improvement Project plan to Hennepin County to give it a chance to comment. He said County staff already has viewed the project site and every indication is that County staff is in favor of the plan. Chair Welch said the Commission will also communicate to the County the public process the City of Plymouth will go through regarding scoping this project as weD as the wetlands and EA W issues. Mr. Asche reported that the City of Plymouth has a public informational meeting about PC-l for residents and businesses scheduled for March 2nd. Chair Welch asked Mr. Asche to announce the Commission's March 19th public hearing at the City's public meeting. Ms. Langsdorf asked if the residents of Medicine Lake would be aware of the City of Plymouth's March 2nd informational #249214 v1 BCWMC February 19, 2009, Meeting Minutes 8} meeting. Mr. Asche said he can send a meeting notice to the City of Medicine Lake. Chair Welch said procedure-wise, the Commission will hold the public hearing at the March meeting and after the public hearing the Commission will make a decision abont the amendment. He stated that the Commission will send its decision to the Minnesota Board of Water and Soil Resources (BWSR) and BWSR then has 45 days to comment and if they don't comment within that timeframe then the amendment passes. Ms. Chandler said Barr will have the proposed minor plan amendment included in the March meeting packet. Chair Welch moved to approve holding the public hearing at the next BCWMC meeting and publishing the hearing notices. Ms. Thornton seconded the motion. The motion carried unanimously [Cities of Medicine Lake and Minnetonka absent from vote]. A. Chair: i. Chair Welch said that Ms. Herbert e-mailed summaries and links to two pieces of introduced legislation regarding increasing oversight of watershed organizations by counties and now there is a third piece and he will have Ms. Herbert e-mail the summary and link to that one also. He said his understanding is that they are not likely to go far. ii. Chair Welch announced that the Commission received notification that Mn/DOT has made a negative declaration on Trunk Highway 55 from Plymouth to Rockford. He said that means Mn/ DOT determined that the project doesn't pose such risk to environmental resources that an environmental impact statement is needed. Chair Welch directed Ms. Herbert to e-mail a copy of that notification to the Commissioners. iii. Chair Welch reported that tomorrow, February 20, there will be a joint planning meeting with the WMOs, watershed districts, and the Minnesota Pollution Control Agency (MPCA) at the Capitol Region office from 2:00 - 3:30 pm regarding WMOs and Watershed districts working together with the MPCA on watershed planning. He commented that he would try to attend. B. Commissioners: i. Mr. Stauner said that as the Commission representative on the Wirth Lake TMDL Study stakeholder meeting he attended the meeting and thought that the most significant thing that came out of the meeting from the Commission's perspective is that a major contributor, more than one-third, of the phosphorus to Wirth Lake is backflow from Bassett Creek. C. Committees: Administrative Services Committee. i. Chair Welch recommended that the Administrative Services Committee meet to talk more about the Commission's Mission and Goals. He reported that at the last meeting the Committee talked some about the goals and also met with Wenck to discuss potential consulting engineer services it could provide the Commission. Education and Public Outreach Committee. i. Pauline Langsdorf showed the Commission posters regarding root systems of native plants and reported that the Commission has laminated both sides of the poster to include with the Commission's table top display. #249214 vI BCWMC February 19, 2009, Meeting Minutes 9} ii. Ms. Langsdorf said the communication plan for the Joint Education and Public Outreach Committee was included in the meeting packet. She pointed out that the cost estimate for brochure design and creation is $2J500 so the BCWMCJs cost would be $825 (33%). Ms. Langsdorf asked for approval for these funds from the Education and Public Outreach budget line. Ms. Langsdorf stated that if the Commission wanted to order brochures for its own use it would pay that expense itself. Ms. Langsdorf asked if the Commission is interested in having a utility insert designed and said the cost to the Commission would be $169. The Commission indicated it is interested. Chair Welch stated that the Commission approves the concept but if the Committee decides there's not enough interest in pursuing the insert then the funds can just remain unexpended. Ms. Langsdorf said that at no charge the Committee will be developing newsletter articles and Hennepin County will host them on a Web site so cities can access the articles at no charge. She reported that the Committee plans to launch the campaign by the middle of March. Ms. Langsdorf said an e-mail will be sent to partners reminding them of the resources. Ms. Langsdorf commented that the Committee's communication plan came out of the results from the Decision Resources survey. Ms. Loomis moved approval of the recommendations and expenditures in the communication plan. Mr. Stauner seconded the motion. The motion carried unanimously [Cities of Minnetonka and Medicine Lake absent from the vote]. iii. Ms. Langsdorf said the Education Committee took a look at the Commission's Web site and found that the agenda and meeting minutes were not up to date and stated that they either need to be maintained or the link needed to be removed. Ms. Herbert said she would update them. Ms. Langsdorf said the Committee didnJt feel qualified to make recommendations on the technical aspect of the Web site but would like to continue to review the education aspect of the site and make recommendations. iv. Ms. Langsdorf reported that she received an e-mail that the Third Minnesota Report Card on Environmental Literacy is now available and she asked Ms. Herbert to forward it to the Commission. v. Ms. Langsdorf announced that the next Education Committee meeting will take place on March 51h at 9:00 a.m. in the Council Conference Room at Golden Valley City Hall and the next Joint Education and Public Outreach meeting will be on March 10th at 8:30 a.m. in the Medicine Lake Room at Plymouth City Hall. vi. Chair Welch commented that the Joint Education and Public OutreachJs communication plan stated that Ms. Thornton and Mr. Stockhaus were developing an e-mail to reach teachers at schools and he said he would like an e.mail that he could e-mail teachers at his kids' schools. He said perhaps the Committee would consider putting together an e-mail that the commissioners could send out to get the word out about the available grants. #249214 vI BCWMC February 19,2009, Meeting Minutes 10} vii. Ms. Langsdorf thanked the cities of New Hope, Crystal, and Golden Valley for working together to provide the rain garden workshops. D. Counsel* E. Engineer: i. Ms. Chandler reported that she and Mr. LeFevere are on the advisory committee for the Minnesota Rules 8410 update. She explained that those rules govern watershed management in the metro area and said that if anyone has any comments they can provide them to her or Mr. LeFevere. ii. Ms. Chandler reported that the Sweeney Lake TMDL study stakeholder meetings would be starting up again and that Barr is encouraging SEH to get those meetings scheduled. She said Barr also plans to discuss with SEH the results of the BCWMC's 2008 monitoring of Sweeney Lake and the results that SEH has gotten. Ms. Thornton moved to adjourn the meeting. Ms. Loomis seconded the motion. The meeting adjourned at 2:25 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date #249214 vI BCWMC February 19,2009, Meeting Minutes ll} Hey Memoran um Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. E. 1. Award Contract for 2009 Spring Brush Pick-Up Program Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary The 2009 Recycling Budget (page 100) includes $66,000 for Spring Brush Pick-up. Staff advertised for bids. There were three specification holders for the project, but only one firm submitted a bid. The results of the bid opening are as follows: Tim's Tree Service $59,160 The total project bid for 2009 was the same as the 2006 bid and each year thereafter. The 2009 Spring Brush Pick-Up Program is a three-week program scheduled to begin on May 4. The City will be divided into three sections, with one week designated for pick-up in each. Section 1 Section 2 Section 3 Entire area north of Hwy 55 and west of Douglas Drive Entire area north of Hwy 55 and east of Douglas Drive Entire area south of Hwy 55 Week of May 4 Week of May 11 Week of May 18 Golden Valley's recycling program (which includes curbside recycling, brush pick-up and leaf drop-off) is supported through user fees. Residents pay $8 per quarter ($2.66/month) per household for recycling services on their utility bills. Staff provides information to residents about the 2009 Spring Brush Pick-Up Program through the CityNews, postcards mailed to their homes, and on the City's Web site. Recommended Action Motion to award the contract to Tim's Tree Service in the amount of $59,160 for the 2009 Spring Brush Pick-Up Program. alley morandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. E. 2. Award Contract for Noble Avenue Safe Routes to School Project 08-29A Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary Bids for the Noble Avenue Safe Routes to School (SRTS) Project No. 08-29A, were opened on March 16,2009. The following bids were received: Engineer's Estimate $37,127.00 $40,789.50 $44,351.54 $51,375.20 $48,606.23 $49,985.60 $50,601.00 $57,796.00 $54,895.00 Design Electrical Co., Inc. Pember Companies, Inc. Create Construction Blackstone Contractors, LLC Granite Ledge Electrical Contractors Electrical Installation & Maintenance Egan, Inc. Forest Lake Contracting The project included the removal of existing speed limit reduction signs and pedestrian flashing indicators on Noble Avenue near Noble School and replacement of these signs with pedestrian flashing indicators fitted with speed detection signing. These new electronic signs will be activated by a timer to operate during appropriate school hours and will read each vehicle's speed and post it on the sign. The project also includes elimination of a mid-block crosswalk at an uncontrolled intersection, and modifications to pedestrian landing areas on both sides of Noble Avenue. The need for the project was identified by the City of Golden Valley Neighborhood Traffic Safety Committee. The goal of the program is to make infrastructure improvements and associated education efforts in order to encourage biking and walking to schools. Cities that have qualifying projects can receive federal funding through their State's Department of Transportation under the federal program. The City will receive $35,000 for design and construction under this program. Project costs will be funded by the City's General Fund for concrete repair (page 59). Attachments Location Map ( 1 page) Recommended Action Motion to award a contract for the Noble Avenue Safe Routes to School Project 08-29A to the lowest responsible bidder, Design Electrical Co., Inc., in the amount of $37,127. ~ lIev -591-01 591-02 l\T()RT P ..1vpl;1rl-J()()T l;1'1lTl;1 p'Il()mrT ..1 'IlP..1 T ()r <1TI()l\T M <1 P CITY OF GOLDEN VALLEY SAFE ROUTES TO SCHOOL alley M m ra dum Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. F. Proclamation of Support for the 2010 United States Census Prepared By Joe Hogeboom, City Planner Summary The next United States Census will begin on April 1 , 2010. Prior to that time, the US Census Bureau is requesting that local governments assist with promotional events surrounding the event. Hennepin County has established the Complete Count Alliance, which is a conglomeration of representatives from all of the cities in the County. The mission of the Alliance is to ensure accuracy and efficiency in the count. Golden Valley has been invited to join the Alliance. The Planning Department has been in communication with the US Census Bureau since May, 2007 regarding the upcoming census count, and will remain the project lead on the City's census participation. Staff asks for a proclamation of support from the Council to actively promote the 2010 US Census, which also officially recognizes Golden Valley's participation in the Hennepin County Complete Count Alliance. Attachments Proclamation of Support for the 2010 United States Census (1 page) Recommended Action Motion to adopt Proclaim of Support for the 2010 United States Census. CITY OF GOLDEN VALLEY PROCLAMATION OF SUPPORT FOR THE 2010 UNITED STATES CENSUS WHEREAS, the United States Census Bureau has officially initiated its 2010 Census promotional campaign; and, WHEREAS, the participation of local governmental jurisdictions is vital in the success and the accuracy of the collection of census data; and, WHEREAS, Hennepin County has created a Complete Count Alliance to aid local municipalities in adhering to federal census mandates; and, WHEREAS, the City of Golden Valley has been requested to form a Complete Count Committee, and formally establish a relationship with the Hennepin County Complete Count Alliance, NOW, THEREFORE BE IT PROCLAIMED, that the City Council of the City of Golden Valley wishes to support the effort of the 2010 United States Census by endorsing the Golden Valley Complete Count Committee and by joining the Hennepin County Complete Count Committee. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of April, 2009. Linda R. Loomis, Mayor alley Memorand m Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. G. Approval of Six Month Extension for Filing of Plat - 1017 Ravine Trail Prepared By Mark Grimes, Director of Planning and Development Summary Linda McCracken-Hunt, owner of the property located at 1017 Ravine Trail, has requested to extend her final plat approval for the minor subdivision of her property to October 1, 2009. Ms. McCracken-Hunt intends to sell her home, and subdivide her property at the time of sale. To date, Ms. McCracken-Hunt's home remains unsold. On April 1, 2008, the City Council approved the preliminary plat approval to split the lot located at 1017 Ravine Trail. Per City Code, the final plat must be approved within 180 days of preliminary plat approval. An extension to this timeframe would allow Ms. McCracken-Hunt to complete the sale process of her home prior to lot subdivision. On September 16, 2008, the City Council approved an extension for the filing of the final plat until April 1 , 2009. Ms. McCracken-Hunt's home remains unsold and she is now asking for an extension until October 1, 2009. Attachment Location Map (1 page) Letter from Linda McCracken-Hunt, dated March 16,2009 (1 page) Recommended Action Motion to approve an extension until October 1 , 2009 to submit the final plat for the property located at 1017 Ravine Trail. I I' I 'I K;\tt - ~"J=r= J:d: =-(/ ' ~II- Ill,. ' I '-'...:.- I 1--1</. \ '\ : II ~: 3 ' Q' 1--' -i-- I I, \ i \ I I ~'- ,~'- II I~ ',.~ \ ~.I ,,' ~ ~. ~. ~ \ i~,C~~'RRYrx:lr-'iril ~,~ -Ii r \ '"""'=- ~R · ~ ~ .'~ SJ:lGc WD.l394TOSDHWY1OQS "-x ' ~ WAVZATAaiVi.>-'; INTERSTATE )94 "'''' 394l"ONeIfWY!l)OS 394 HOV IN 1- S8 HWY:l.OO S TO ED 1394 HD HWV:tOO S TO ED 1394 INTERSTATE 394 ~WAYMrA"IH.vlli ... ~ ~~ \ l ,~~'i ,i ~ 1t3 ~C"\ \~ ..."''''~L-~ 'a;:~ V \,~ ~"\---- i: -- , /,). ~'r'--'" ~." o >-- tfj>/ C: ~ I \ ~ _____ o f--- --- ~-+ ~r-- /', \---., r- ,}- == i ~ ~Gj i:- --.. h- ;=::T/! '/5 r ~- 2--1 If! I--- I I I--- III ~-,== ~-J "Iv,,:... ~ '\ /~ f::::7i ..."'<~ J ~ "l_ <<-/-.r-, ""1b4 X ("I ! ~...-' 0( ~_I--- <- 4:' <t. I !, <IJ>.'-- ~'~lfm~~IArrr I ~.. ..... .... (j) M.tw er6Dd\'f\7l N-ctYS ,- C4;rp'~ {C~ lOOiS 00 at1S (l .. ~l ~ t ~ f I March 16, 2009 Mr. Mark Grimes City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Hunt Residence - Lot Split - 1017 Ravine Trail Final Plat Approval Dear Mr. Grimes, On April!, 2008, The Golden Valley City Council approved a preliminary plat approval of a lot split of OUf residential lot at 1017 Ravine Trail. Since that time, we have placed our house at 1017 Ravine Trail up for sale, with the intent of completing the Final Plat Approval process in conjunction with the sale of the house. At this time, we do not have the sale of the house completed and it is still on the market. In order to finalize the Final Plat Approval, we need to have a financial closing that separates the house and the lot within the mortgage. Our intent was to do this as a part of the closing process on the sale of our house, which has not occurred. We are requesting an extension to October 1,2009 to complete the Final Plat process, so that the separation of the lot and the sale of the house can be coordinated financially. Thank you for your consideration. Please call to discuss if needed. alley M morandum Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. H. Participation in Hennepin County 'Step To It Challenge' Prepared By Joe Hogeboom, City Planner Summary Beginning Monday, May 18, Hennepin County will hold its second annual "Step To It Challenge". Golden Valley is one of twelve local municipalities invited to participate. The Challenge will last for four weeks. The municipality to achieve the highest number of average steps per participant at the end of the four week period will win the challenge. All are welcome and encouraged to participate in the challenge. Following last year's success, the County would like to staff a booth at Golden Valley Days to encourage participation in the event. This year, the Minnesota Twins are officially sponsoring the event, and would like to have a player appear at Golden Valley Days. The Challenge will follow last year's format, and will allow participants to register online. Promotional material will also be distributed to participants. Recommended Action Motion to support the 'Step To It Challenge' by allowing staff to work with Hennepin County to participate in and promote the challenge. Public Jt~y Me ora du Public Safety Department Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. I. Authorization to Sign the FY09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Agreement Prepared By Stacy Altonen, Chief of Police Summary The cities of Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Crystal, Eden Prairie, Edina, Golden Valley, Hopkins, Maple Grove, Minneapolis, Minnetonka, New Hope, Plymouth, Richfield, Robbinsdale and St. Louis Park have expressed a collective interest in authorizing Hennepin County to submit a grant application to the United States Department of Justice for the FY09 Recovery Act Edward Byrne memorial Justice Assistance Grant on behalf of said cities and serve as fiscal agent for the same. In the event all grant funds are received, the Golden Valley Police Department would receive $29,807, to be allocated as follows: Roll Call Technology: Varda Alarm SWAT Truck Graphics Bike/Foot Patrol Shifts $14,000 $ 4,500 $ 2,000 $ 9,000 If actual grant funds received are less than the amounts requested, funds would be distributed proportionally as outlined in the attached agreement. Attachments Justice Assistance Grant Agreement (5 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the FY09 Recovery Act Edward Byrne memorial Justice Assistance Grant Agreement Contract No: A090314 AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the "COUNTY"), the Cities of Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Crystal, Eden Prairie, Edina, Golden Valley, Hopkins, Maple Grove, Minneapolis, Minnetonka, New Hope, Plymouth, Richfield, Robbinsdale, St. Louis Park, ("CITIES") (COUNTY and/or Cities may be individually called a "PARTY" and collectively called "PARTIES"). WHEREAS, the PARTIES, authorize the COUNTY to submit a grant application to the United States Department of Justice for the FY09 Recovery Act Edward Byrne memorial Justice Assistance Grant (the "GRANT") on behalf of the PARTIES and to serve as fiscal agent for the PARTIES; and WHEREAS, the PARTIES recognize the need to set forth the duties and obligations of the PARTIES with respect to the administration of the Grant; NOW, THEREFORE, in consideration of mutual undertakings and agreements hereafter set forth, the PARTIES hereby agree as follows: 1. TERM This Agreement shall become effective upon approval by all PARTIES on the date of approval by the last PARTY and shall continue through September 30, 2012, or the completion ofthe services provided hereunder, whichever is earlier, unless terminated earlier in accordance with the provisions herein. Any Party may cancel this Agreement immediately if the Party reasonably believes there has been a failure to comply with the provisions ofthis Agreement, or failure to comply with the terms of the Grant award, rules, or guidelines or failure to comply with applicable law. 2. SERVICES TO BE PROVIDED Hennepin County will submit the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant application 2009-F1786-MN-SU ("Grant"). In the event all Grant funds are received, each local unit of government will receive grant funds in the following amounts: City of Bloomington City of Brooklyn Center City of Brooklyn Park Champlin $102,053 $126,556 $233,408 $13,136 Crystal City of Eden Prairie Edina Golden Valley Hopkins Maple Grove Minneapolis Minnetonka New Hope City of Plymouth City of Richfield City of Robbinsdale City of St. Louis Park County of Hennepin County of Hennepin - Administrative Fee (5%) TOTAL $31,576 $39,154 $20,208 $29,807 $21,976 $37,385 $2,804,367 $25,513 $31,071 $38,143 $94,475 $28,039 $59,363 $1,739,013 $288,171 $5,763,414 If the Grant funds are less than $5,763,414, the parties shall distribute the actual funds received in proportion to the table above less the costs of administration set forth herein. If any Grant funds are received, Hennepin County shall serve as the fiscal agent on behalf of the above named local units of government. The COUNTY shall provide financial administrative services necessary for the administration of the grant, including but not limited to the following: · Satisfy financial and administrative grant requirements. · Submit financial, programmatic and similar reports required under the grant. · Work with the Department of Justice to resolve administrative issues. · Comply with grant conditions regarding financial administration of the grant including but not limited to reporting, data collection and evaluation requirements prescribed by the grant. · Coordinate compliance with the organization audit requirements attached to the grant. · Manage grant funds. · Pursuant to applicable accounting standards and procedures, maintain financial and accounting books and records as shall be necessary, appropriate and convenient for the proper administration of the grant. COUNTY shall be entitled to the five percent (5%) administrative fee set forth in the Memorandum of Authorization. 3. DUTIES OF THE PARTIES The PARTIES, individual and collectively, acknowledge that COUNTY will be administering the Grant on their behalf and agree to cooperate fully with COUNTY in all matter with respect to such grant administration so as to allow COUNTY to satisfy the grant requirements, including but not limited to the following acts: · Comply with the provisions of the Grant award, rules, and guidelines and comply with applicable law including, as applicable, but not limited to the Single Audit Act Amendments of 1996 as amended and Office of Management and Budget Circular A-133. · Maintain books and records relating to the receipt and expenditure of grant funds for six (6) years after expiration of this Agreement. · Report the receipt and expenditures to the other PARTIES on a quarterly basis, then report a final accounting, pursuant to applicable accounting standards, upon expiration of this Agreement. · Supply full and complete information, as requested by COUNTY, so as to allow COUNTY to satisfy the grant conditions and requirements. · Work together with COUNTY to ensure that all grant conditions and requirements are met. · Provide COUNTY with data and information sufficient for COUNTY to meet its reporting, data collection and evaluation requirements as prescribed by the grant. · Eligible expenditures under this grant contract must be incurred by the grantee by the expiration date of the grant agreement. · Abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDP A), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. 4. LIABILITY AND INDEMNIFICATION Each PARTY agrees that it will be responsible for its own errors, acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the errors, acts and omissions of any other PARTY and the results thereof, provided, however, BROOKL YN PARK and MINNEAPOLIS agree to defend, indemnify and hold harmless COUNTY from all liabilities, claims, demands, losses, costs, expenses and causes of action of any kind or character, including the cost of defense thereof resulting from the provision of services under this Agreement. The PARTIES liability is governed by the provisions of Minnesota Statutes, Chapter 466. Under no circumstances shall a PARTY be required to pay on behalf of itself and other PARTIES any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone PARTY. The statutory limits of liability for some or all of the PARTIES may not be added together or stacked to increase the maximum amount of liability for any party. 5. COUNTERPARTS This agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's Office COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: And: Assistant/Deputy/County Administrator Date: CITY OF GOLDEN VALLEY By: Its: Mayor And: Its: City Manager ADDITIONAL SIGNATURES ARE INCLUDED ON ADDITIONAL PAGES CITY OF GOLDEN VALLEY PROCLAMA liON FOR WALK FOR ANIMALS DAY MAY 2, 2009 WHEREAS, the Animal Humane Society is one of the largest humane societies in the country and serves more than 40,000 animals each year; and WHEREAS, the Animal Humane Society is an organization of five facilities that serve communities throughout the entire metro area, the state and the upper Midwest; and WHEREAS, the Animal Humane Society is an open admission organization whose five facilities accept all animals, domestic and wild, and turn no animal in need away; and WHEREAS, the Animal Humane Society provides programs of adoption, boarding, education, rescue, training, and outreach; and WHEREAS, the Animal Humane Society is an independent non-profit organization that raises all funds for its programs and services through donations and adoption fees and the annual Walk for Animals, its largest fundraising event; and WHEREAS, caring for animals is an expression of our compassion for these loving creatures who give us so much in return; NOW, THEREFORE, I, Linda R. Loomis, Mayor of the City of Golden Valley, do hereby proclaim Saturday, May 2,2009 to be Walk for Animals Day in the City of Golden Valley, Minnesota; and IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 7th day of April, 2009. Linda R. Loomis, Mayor alley Memorandum Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 Agenda Item 3. K. Appointment to Open Space and Recreation Commission Prepared By Linda Loomis, Mayor Summary Each year the City Council conducts interviews with persons who have applied to serve on a board and/or commission. After the interviews are conducted the Council makes their appointments. Recommended Action Motion to appoint Emily Piper to the Open Space and Recreation Commission for a two year term which expires May 1, 2011. alley M moran um Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting April 7, 2009 "60 Days" Deadline: May 26, 2009 Agenda Item 6. A. Authorization to Sign Amended PUD Permit - Menards Addition, PUD NO.75- Amendment NO.2 - 6800 Wayzata Boulevard Prepared By Mark Grimes, Director of Planning and Development Summary Menard Inc. is the owner of the Menards store at 6800 Wayzata Boulevard. In 1997, the City Council first issued a PUD for the operation of the store. In 1998, the PUD was amended to allow for the expansion of the store. Menard Inc. is now requesting a minor amendment to the PUD that would allow for the outdoor sale of plants in the parking lot in the same location Christmas trees are sold in November and December of each year. The existing PUD permit specifically allows the outdoor sale of Christmas trees as long as no more than 20 parking spaces are used for the tree lot. The proposed outdoor sale of plants by Menards would be similar to other outdoor plant sales at shopping centers throughout the Twin Cities. As shown on the attached plans, the outdoor plant sale area would be 36 feet by 72 feet and include both an outdoor sale area and a plant hut. The hut is shown in the attached photo. It is anticipated that the plant sale would begin in late April and run no later than September 1 each year. Menards is planning to provide water and electricity to the plant sales area. Proper building permits will be necessary for those actions. The location of the plant sale area would be at the same location as the Christmas tree lot. As shown on the plan, it would take up less than 15 parking spaces. Since Menards started selling Christmas trees over ten years ago, the sale of the trees has gone smoothly with the City receiving no complaints. Menard Inc. would like the plant sale area with plant hut to be considered as a minor amendment to the PUD. In the case of a minor amendment, the City Council may approve it by simple majority vote with or without referral to the Planning Commission. To qualify for this type of review, a minor amendment shall not: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. (In this case, the proposed plant sale area is within an existing parking area along the 1-394 corridor and would not have a negative impact on any sensitive site features.) 2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. (The proposed outdoor plant sale area is within an existing parking lot. The area has been used successfully over the past ten years for the sale of Christmas trees. Due to its location within the parking lot of Menards and its proximity to 1-394, this use should not have a significant impact on the overall site.) 3. Alter significantly the location of building, parking areas or roads. (The proposed plant sale area will eliminate about 15 parking spaces. This is the same location as the Christmas tree sales lot. The staff does not believe that the reduction of 15 spaces within the Menards lot will have a significant impact on the store. During the peak spring planting season, this will probably draw more people to Menards and cause some temporary congestion issues. Overall, the staff believes that the impact will be minimal.) 4. Increase or decrease the number of dwelling units by more than five percent. (This is not a residential development.) 5. Increase the gross floor area of non-residential buildings by more than three percent. (This proposal does not increase the size of the Menards building.) 6. Decrease the amount of open space by more than three percent or alter it in such a way as to change its original design or intended function or use. (This proposal is within an existing parking lot.) 7. Create non-compliance with any special condition attached to the approval of the final PUD Plan. (This proposed outdoor plant sale area would not create any non- compliance with the existing Final PUD Plan.) Staff believes that this amendment may be considered as a minor amendment based on the seven criteria listed above. However, the City Council has the right to refer this matter to the Planning Commission for review and recommendation. Attachments Location Map (1 page) Site plan indicating location of plant sale area within parking lot (1 page) Memo from Ed Anderson, Deputy Fire Marshal dated March 31,2009 (1 page) Amended PUD Permit (3 pages) Photo of plant hut (1 page, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager to sign the amended PUD Permit for Menards Addition, PUD No. 75, Amendment No.2, 6800 Wayzata Boulevard. i~.~ _~i~ ~" COLONIAL RD " 515 LAUREL AVE m 905 850 .r- ~! ~l ~Il If L 701 tl901 0 0 0 0 l~l 0 182 0 0 0 0 28 I i i 1tI 8SU Il6fIiD 6620 6440 6955 9Ol'I 901 6M4 WlJ I394 TO 1.OU1SlA..... AVE S INf'ERSTATE 3M INTERSTATE 3M . tlA ,.\It S10 Ell t3!1l4 . ... ... l.QlI1S1A (l) M33 (:.!'MbCJ Vl,--::1'1 A'd\ilS . Ca;ff"if1l tCH.OOlS GIS ~ c 4<IMl PUJMi3t:R i,[OlJlI~Er) ...------. TO iNSTALL WATER SP!CKET OiJ OUTSIDE OF .jANITORS ROOM. FCJ!..LOW ALL CODE'S ,\!fin,! iNST...I..UNG s@)~@ Y, MN '. , . . ~ . .'. ' , ce ,.' .~-z;~r~ z ~i . ~...~ en'" 6~ ~Sl:i iil~15 ~f:l~ i5~< ~~B '. ..... ~~~~~~ - ENCLOSED Af~EAS SECURED f.=jy uSE 10' -'-"_ U~ING CEDAf, S~UT RAil. FENCiNG. RAiL' HERE ~ 8 RAILS AND 4 POSTS \ ",.........._~_..~.._--.-._---' 'I . .__ ______-m_._.._..._.__.,i \ 1 ! "WI- !' \. I I",. l"IV!:: PLANT II \ ! I,i HI:, ~4'>48' Ij :'\ I 1'1 . ~ I. " j 1 Jr L . '-t-.-m--------j" , _m--I-__________~ "l I ' I "- 72'-0. I. _ '... "- j""-.__,_m___._.__.____-j OUTLET AT BAS".---'- OF LIGHT POLE ~$WM 371 TOTAL PARKING STALLS ~#f/!$j ~))))>>>)))>>>)] ~~~~~ Memorandum Fire Department 763-593-8055/763-512-2497 (fax) To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PU 75-A2 - Menard's Minor PUD Amendment Date: March 31,2009 The Golden Valley Fire Department has reviewed the application for the PU 75-A2 - Menard's minor PUD amendment. The Golden Valley Fire Department comments listed below for this minor amendment will be focusing on fire department access and reasonable level of life safety from the hazards of fire or dangerous conditions and to provide safety to firefighters and emergency responders during emergency operations. 1. The fire department apparatus access road shall not be obstructed by any means of material or matter. 2. The current no parking fire lane signs and stationary posts shall be installed and in compliance with the Golden Valley City Code. 3. The installation of electrical power to this temporary structure shall be in accordance with the National Electrical Code and shall not be installed to create electrical or fire hazard during the operation of this temporary structure. 4. Fire extinguishers will be required inside this proposed temporary structure. The installation of fire extinguishers shall be in accordance with the Minnesota State Fire Code. 5. Provide the proper clearance between the proposed temporary structure and any parked vehicles in conjunction with the parking lot of this proposed site. If you have any questions, please contact me at 763-593-8065 or eanderson@cLgolden- valleV.mn.us. Amendment No. 4 ~ Menards Addition P.U.D. No. 75 City Council Approval: June 23. 1998 Amendment No.2 Approval: April 7. 2009 City of Golden Valley, Minnesota Use Permit for Planned Unit Development Project Name: Menards Addition, P.U.D. No. 75 Location: 6800 Wayzata Blvd, Golden Valley, Minnesota Legal Description: Menards Addition P.U.D. No. 75, Lot 1, Block 1 Applicant: Menard, Inc. Address: 4777 Menard Drive, Eau Claire, WI 54703 Owner: Menard, Inc. Address: 4777 Menard, Inc., Eau Claire, WI 54703 Zoning District: Industrial Mixed Use Permitted Uses: Lumber yard and building supply store Components: A. Land Use Component: 1. The site/utility plan prepared by Menard, Inc. and dated 5/27/98 shall become a part ofthe PUD approval. The building elevation plans dated 5/28/98, prepared by Menard, Inc. shall also become a part of the approval. These plans shall be kept in the official City files on P.U.D. No. 75 (Amendment No.1), and these site and building plans shall be noted by City staff as the plans submitted as part of the General Plan approval. 2. The existing building and the additions to the building shall only be used by Menard, Inc. for use as a lumber yard and building supply store. 3. The landscaping/striping plan shall be completed as shown on the attached landscape plan prepared by Menard, Inc. and dated 5/27/98. This plan shall be submitted to the Building Board of Review for review and approval. Improvements and enhancements to this landscape plan may be made by the Building Board of Review. The final landscape plan approved by the Building Board of Review shall become a part of the General Plan approval. The screening structure shown on the landscape plan along portions of the north property line shall be constructed at the same time as the additions to Menards Addition P.U.D. No. 75 Page Two the building. The Building Board of Review may require that upgrades be made to the existing fencing along Hampshire and frontage road. 4. The building addition shall be constructed as per the site plan and building elevations that are attached. 5. Any new, outside lighting for the parking or storage areas shall be approved by the Chief of Fire and Inspections. The Chief shall have the right to modify any lighting. 6. All signage on the site must meet the requirements of the City's sign code. 7. Menards may sell Christmas trees in the parking lot as long as no more than 20 spaces are used for the sales lot. 8. Amendment No.2 allows Menards to use a 36 ft. x 72 ft. area for live plant sales includinQ a plant hut as shown on the site plan submitted March 27. 2009 9. The westerly driveway going onto Market Street from the Menards site, as shown on the site plan, is to be gated and used only for City emergency vehicles. B. Circulation Component: 1. Access drives, parking and walkways shall be constructed as per the site plan. 2. If the Chief of Fire and Inspections determines that parking is not adequate for customers in the front (south) parking lot, Menards will be required to review its parking arrangement by changing employee parking areas or moving some employee parking off-site. C. Services and Facilities 1. The drainage plan prepared by Menard dated 10/18/96 shall become a part of this P.U.D. Permit. Any new or future connections to the City's storm sewer system shall be done only with the approval of the City Engineer. 2. Any new sewer and water service connections shall conform to the City's utility standards. 3. No outside speaker system shall be used to notify customers or employees. It is hereby understood and agreed that this amended Use Permit is a part of the City Council approvals granted on Julv 15. 1997, June 23, 1998 and April 7. 2009. Any changes to the Amendment NO.1 of the P.U.D. Permit for Menards Addition, P.U.D. No. 75 shall require an additional amendment. Menards Addition P.U.D. No. 75 Witness: Witness: Witness: Page Three MENARD, INC. By: Title: Date: CITY OF GOLDEN VALLEY By: Date: By: Date: Linda R. Loomis, Mayor Thomas D. Burt, City Manager Warning: This permit does not exempt you from all other City Code provisions, regulations and ordinances. District 45A New Hope, Plymouth and Crystal Distr.f1ot-eJ o.-f '-I11/d'1 ~ {Dt/lltil tnee:/ifYj ~ Minnesota House of Representatives Sandra Peterson State Representative March 27, 2009 \ North Metro Mayors Association 1000 Westgate Drive, Suite #252 Saint Paul, MN 55114 North Metro Mayors, I wanted to let you know that Senator Ann Rest and I have introduced HF1986/SF1883 which provides a method of assuring that group homes have communicated with the city in which they will be located. Representative Lyndon Carlson has also signed on as a co-author on the House side. This bill ensures that group homes understand the local ordinances and requirements for operating a business in the area and would have to present a signed document proving they have communicated with the city. It is a small step (and a beginning) to addressing the concerns we heard from your group and our constituents. Although it is late in the process and will likely not be able to ~e included in its current form in an omnibus bill, I am exploring other options for how to get this provision into law. There are a few bills on which it could be amended. If we are unsuccessful this session, rest assured that I will continue to pursue this legislation next session. Over the interim, I will meet with advocates as well as community leaders to work on other related issues. Thank you and please feel free to contact me if you have any questions. Sandra Peterson State Representative Cc: Mayors of Robbins dale, Crystal, New Hope, Plymouth, and Golden Valley @ State Office Building. 100 Rev Dr Martin Luther King Jr Blvd. St. Paul. Minnesota 55155-1298 FAX: (651) 296-3208 Email: rep.sandra.peterson@house.mn (651)296-4176 ~