06-16-09 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
June 16, 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. Northwest Hennepin Human Services Council Presentation
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes - City Council Meeting - May 19, 2009 and Council/Manager
Meeting - June 9,2009
B. Approval of Check Register
C. Licenses:
1. General Business Licenses
2. Solicitor's License - Apx Alarm Solutions, Inc.
3. Solicitor's License - Twin City Homeworks LLC
4. Solicitor's License - Elizabeth Miedena for Southwestern Company
5. Gambling License Exemption and Waiver of Notice Requirement - North
Memorial Foundation
D. Minutes of Boards and Commissions:
1. Planning Commission - April 27, 2009
2. Human Rights Commission - February 12, 2009
3. Human Services Foundation - May 11, 2009
E. Letters and/or Petitions:
1. Letter from Sheldon Resig Regarding Secondary Driveways
2. Letter from South Tyrol Hills Neighborhood Association Regarding Storm
Water Pond
F. Authorizing Application to Minnesota Department of Transportation Community
Roadside Landscaping Partnership Program for Highway 55 Lilac Planting 09-35
G. Authorizing Call of Outstanding General Obligation Tax Increment Bonds, Series
2003A and Taxable General Obligation Tax Increment Bonds, Series 2003 B - Valley
Square Area B 09-36
H. Discontinuation of Valley Square Tax Increment District 09-37
I. Receipt of May 2009 General. Fund Budget Report
J. Authorization to Sign Environmental Response Fund Grant Agreement and Barr
Engineering Company Agreement for Twin Lake Regional Storm Water Pond
K. Authorize Repair of Wesley Park Shelter Building
4. PUBLIC ITEMS AND PUBLIC HEARINGS 7:00 PM
A. Public Item - 2008 National Pollution and Discharge Elimination System (NPDES)
Phase II, Storm Water Pollution Prevention Plan, Annual Report to Minnesota
Pollution Control Agency 09-38
B. Public Item - Appeal from Board of Zoning Appeals Denial - Michael Johnson - 1525
Sumter Avenue North
5. OLD BUSINESS
6. NEW BUSINESS
A. First Consideration - Ordinance #420 - Adoption of Amended State Building Code -
Incorporation of 2008 National Electrical Code and Residential/Commercial Energy
Code
B. Announcements of Meetings
C. Mayor and Council Communications
7. ADJOURNMENT
alley
Memoran m
City Administration/Council
763-593-8003/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
1. B. Northwest Hennepin Human Services Council Presentation
Prepared By
Thomas D. Burt, City Manager
Summary
Susan Blood, Executive Director, will attend the meeting and make a brief presentation on
the services they provide.
hlley
Memorandum
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 19, 2009
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
t
alley
Moran urn
Inspections
763-593-80901 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 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.
#2874
Budget Waste Systems
3516 E. Lake Street
1 Refuse/Garbage Vehicle
$50.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
alley
n
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. C. 2. Solicitor's License - Apx Alarm Solutions, 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. This license period is from June 17, 2009 thru June 30,2010.
Attachments
Peddler/Solicitor License Application (4 pages)
Recommended Action
Motion to approve the solicitor's license for Apx Alarm Solutions, 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.
TO: Golden Valley City Council
7800 Golden Valley Road
Golden Valley, MN 55427
Enclose the sumot $ ~O":;;; f1 (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.
~(ViM .s-e...9:-\..Y\~~ 3z> ~ ::I:V\ <.-.
(Business or Individual Na to be Licensed)
. 5132- N 6~ 3~ L.. ') es..,t :v
(Address, including City, State and Zip Code) )
V~Ob "2-C'e ~~z...
(Telephone Number, including Area Code)
NOW, THEREFORE, t+t ~ t.f7M/L&eA hereby makes application for the
(] (Applicant Name)
period of...1UAfl~ dfthrough 6/30/.E.:L.. subject to the conditions and provisions of said City Code.
PEDDLER/SOLICITOR LICENSE APPLICATION
f2
~V-
Fee Paid: $ '::;:>u
Number. of Persons: rT
Type of License Requested:
Cl{~~.
(Signature of Applicant/Principal Officer)
->>L~
(Photo ID Verification)
REQUIRED LICENSE INFORMATION
Applicant (if 9tfferent from above):
Name ~l()..v\ -Fr ~€.-n.
Address 8Jk::LS'" )_A_/4~ k(}J<. IU., (ZoSW/ 1/<..... Wl N } ,<)5-113.
(Include City, State and Zip Code) (
Telephone Number (including area code) f}tfi -rs-r - q:3"?2- (/?!- L'-W\
Date of Birth (if an individual) .:r / & _ ~ /. +--
. .
Business Name of AppHcant ~ A-1g.r~~{ ~ ~ :r;, C .
Address ~513;;J- /lJ~~____ -~ ~- ~..,~
(Include City, State and Zip Code)
Define Business fit. c .
(Corporation, Proprietorship, Pa'"!nership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate if}olic' ing onations. If more
space is needed, attach additional sheets (be specific): ~ er;I cf.."Ul:
'Aj- Illo etJ6 11 ~fbnng- rJ1-"~ ov:>?pJn.;- ~ .ft.e-sr~GInA-.
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 50 engaged on behalf of an organization, supply:
Address of Organization
~w If j fI.4'W\ ,>e.<A..Jt1t <,,, I..Jr-. 'C1 ( .
5/."37- IVtsrJk- ,q<1t) waf
(Include City, State and Zip Code)
Telephone Number (Including Area Code)
/g- tS6 j.J f? .~:JJ:l-.
Name of Organization
Define Business
6 '[''If.
(Corporation, 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:
fJlq 1) fTiI den. .
'l~vL !4/~^ ~. ND
.6CO ill e-- m.n~B
l-~-Zl~- l3Z if
2ff(; -{57 -1r22..
(If more space is needed, attach additional sheets)
STATE OF{nI~l111T )
) ss.
COUNTY OF HffJrIJ'U1f\J )
I, 62t~ ~~~
(Officerllndividual)
of ~f~~~~~~i~/S, ~ :t~c-.
being first duly sworn, depose and say that all the foregoing information is true to his/her own
knowledge except as to matters therein stated on information and belief, and as to such matters,
he/she believes them to be true.
~~____..r
(Signature of pplicantlPrincipal Officer)
Subscribed and sworn to before me this
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
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.
TO: Golden Valley City Council
7800 Golden Valley Road
Golden Valley I MN 55427
Enclose the sum of $ ~(}():;;. II (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.
PEDDLER/SOLICITOR LICENSE APPLICATION
v
c1"\q,--
Fee Paid: $ '5u
Number. of Persons: r1
Type of License Requested:
~(VfW\ .s-e..UJvr\\.~ St> ~ .::I:.V\ t..
(Business or Individual Na to be Licensed)
5132- N <:>~ 3~ L.. \dbt :v
(Address, including City, State and Zip Code) )
l <6 00 "2..(~ Sd-Z>Z--.
(Telephone Number, including Area Code)
NOW, THEREFORE, '/t{ ~ f.~iA hereby makes application for the
~\~ , (Applicant Name)
period of... J",4ft J.-, 6'f through 6/301..7ifsUbject to the conditions and provisions of said City Code.
C7{~~ !)L.
(Signature of Applicant/Principal Officer) (Photo 10 Verification)
REQUIRED LICENSE INFORMATION
Applicant (if ~fferentfrom above):
Name~lCMl\ -Fr(1..AV~en.
Address 8-%?-S" J-<-/4~ k~ A)'I (l.o5.w1tl!..- MN, ,<rS-113.
(Include City, State and Zip Code) I
(1)+ ~. #-)
Telephone Number (including area code) 9j>S -(Sf - q~.? 2-
Date of Birth (if an individual) t:J / & Q I
.
Business Name of APPlica~~~M :;;~~I J~ ;: [.
Address ~573~ /l) .., .' to -0 j ()..; -);?;;J...
(Include City, State and Zip Code)
:t:it c .
(Corporation, Proprietorship, Pa~nershipl etc.; State of Incorporation)
Define Business
Description of goods or services for sale (include prices) or indicate if,iSolic' ing onations. If more
space is needed, attach additional sheets (be specific): ., eS/c{f:.4.1.; .
Iff' IJ 0 UJS f} .1U6(l,fbn (f /I 1- 'ICf 1hr.u.d~. ~ .fk- s r~'
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:
/ffJ'l /tj(vfW\ .S~-f~. <,,{J-r-. rv.tc,
</."3 z- IVtff'R 3(j(j wa f
- (Include City, State and Zip Code)
Telephone Number (Including Area Code)
1~(J6 J..( ~ t)";JJ:L.
Name of Organization
Address of Organization
Define Business
~Ti1f. .
(Corporation, 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:
flt~n f(afJs~fl
2[j;,C: Lt'X1ht" rhc No
L()//I~ N ~5'JJ':)
I-~-~h- c;l32.. Of
20<(-7f)]- Cf3l2...-
(If more space is needed, attach additional sheets)
STATE OF !n,tJ~)
) ss.
COUNTY OF fftNf\I(j/rJ )
I, ~~.a-.,
.. (Icer/lndividual)
of ~'~~I~J~ W~ ~+L.
(Name of Organ' anon)
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.
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Hey
Memora dum
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. C. 3. Solicitor's License - Twin City Homeworks LLC
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. This license period is from July 1, 2009 thru June 30, 2010.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Twin City Homeworks LLC.
From:CITV OF BOLDEN VALLEV
7B3 593 8109
OBI 031 2009 13:41
1095 P.002/00B
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.
PEDDLERlSOUCITOR LICENSe APPLICATION
.
TO: Golden Valley City Council Fee Paid: $ tln I fJO
7800 Golden Valley Road Number. of Persons: '1
Golden Valley, MN 55427 Type of license Requested:
Enclose the sum of $ J:)D Q9 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.
IIV /1J Ci~ I-JomeuMJ r Ie; L-LJ:!....
(Busi!tess or Individ I Name to be Ucensecl)
III J 7 2eALAN {J - A-v~ No, - (!J,\aWlf /IIJ I mAl ~~3/6
(Address, including City, State and Zip Code) . I
710 3- 74t:,-o <]60
(Telephone Number, including Area Code)
NOW, THEREFORE,: I tAl I {..J era JJ.o rrre tJo (k.s ~ereby makes application for the
. (Appli nt Name) _,-
pe 'od of 7 I through 6/ 01 11:>, subject to tt City Code.
"
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)
Lt' '1 ~ /-eel L'A-b; /;h c..e .
(Corporation. Proprietorsh ,Pa~n rship. 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):
R~{..;rua J S)~~ (JI W/Nc4t'llS, C;,dJ-9..tfS, AJJ;f,'otJ>.-
r;; P (l-Px1J 6 IV kA-6f; ('I fJ .
NOTE: If the prOducts for sale are changed or modified. you must give the City complete
information regarding such change or modification.
Define Business
:".
From:CITY OF GOLDEN VALLEY
763 593 8109
06/03/2009 13:41
1095 P.003/0D6
If the Peddler or Solicitor is so engaged on. behalf of an organization, supply:
Name of Organization Tw 1"rJ C; ~ IJoIYlO IJtf);y k.s LLCL
Address of Organization lJ /17. 2-eAi-ANf) ~ M CMtwjr,} f;J
(Include City, State and lip Code) ...,.-
Telephon, Numb1r (Including Area Code)
L ~t,.~ ?tfh -()~~()
Define Business . L; in ik L LJ /Yh; /,'
(Corporation, Proprietorship
./VlAJ ~5'3/1a
.
,
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 fist of
names and addresses of all persons engaged in peddling or soliciting in the City:
.DAVid BillehUS
/ II 17 2eALAN S\ Ave_l'J I
~MYVf} IAJ ~'Y\l\) ~$'3) ~
GuL) / rr.3-- Lj l!2- ~(/33
01"\ ~ 1:i2 l~
l"Y\(A~ ~('S 666t ~
(11 :Itional sheets)
STATE OF ) M/fJtfest> rft
))8S. I L. J&/'a./J)'J
COUNTY OF t-K NlV I ,
I, 1JA-\J\dA ~~I\\€-h..u,,, . of- 'TuJ;tJ ~i'-hA tL'IrYLQWOykS LL~
(Officer/Individual) (Name o~ation)
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, a~ to such atters,
he/she believes them to be true.
(Sign
,2okL.
JUDITH A. NALLY
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31,2010
'<.
alley
Memo ndum
City Administration/Council
763~593-8002/763~593~8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. C. 4. Solicitor's License - Elizabeth Miedena for Southwestern Company
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. This license period is from June 17, 2009 thru June 30,2009.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Elizabeth Miedena for Southwestern Company.
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: $ ~CJ
7800 Golden Valley Road Number. of Persons: l
Golden Valley, MN 55427 Type of License Requested: ~\k,~
Enclose the sum of $ 30 for ~ (number) peddlers/solicitors as required by City Code
of the City of Golden Valley and have complied with all the requirem~nt~ ofs~i9 CQd_e_neceasary
for obtaining this license.
~~Ul.~ ~\~c-\ ~~ (o~
(Business or Individual Name to be Licerted)
(A~~~~CIUdi~~:';'ndZJ~~e) 1'l\\~\k rwJ ~l1\CI
\ - (0\(.0- ef\~ .- 3Lh3
(Telephone Number, including Area Code)
NOW, THEREFORE, '2.\\ ~~ 'fr'\~rebY makes application for the
J (Applicant Name)
period of aN 7/0cc through 6/30/..a!j subject to the conditions and provisions of said City Code.
~ .
(~Ca~cer)
MI:
(Photo 10 Vert
REQUIRED LICENSE INFORMATIC
Applicant (if different from above):
Name
Address
(Include City, State and Zip Code)
Telephone Number (including a~a .f~e~ . .
Date of Birth (if an individual) ~ 190,0
Business Name of Applicant ~ ~ff)
Address L 8S \ ~\~Clu~late a~~~~l~' TN ~~
Define Business ~ <rk.f\~ f'l"Y1\.~
(Corporation, Proprietorship, paf'!nership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate if, soliciting donatiol\S. I more
space is needed, attach additional sheets (be specific):
- ~~~ ...p() \Ao \~ {}..J(~ ~ rYVnA.Prk..
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
8\\2M~~
\/Y).\( ,dorvo-
Address of Organization
(Include City, State and Zip Code)
Telephone NJJ..mber (Including Area Code)
& \ ? - ~q.\ - 2'ZOC'i
Define Business
. ,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:
(If more space is needed, attach additional sheets)
STATE OF ;t\J rJ/Vt.~b-rrr- )
) ss.
COUNTY OF /iJ'irv rvtfll'J )
I, ljl'7-,^~ r0\e.~of
(Officer/Individual)
&~ to<1wn
(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.
~ rru;~
(Signature f Applicant/Principal Officer) .
,2oa1
JUDITH A. NALLY
:~OTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
~2~::2ee;~~
~
alley
Memora d m
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. C. 5. Gambling License Exemption and Waiver of Notice Requirement - North Memorial
Foundation
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from North Memorial Foundation requesting waiver of 30 day waiting period (1 page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for North Memorial Foundation.
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that:
- conducts lawful gambling on five or fewer days, and
- awards less than $50,000 in prizes duririg a calendar year.
Page 1 of 2 9/08
Fee is $50 for each event
For Board Use Only
Check #
$
ION INFOR
Organization name
NDr4-h
~onoJ
Type of nonprofit organization. Check one.
II] Fraternal I 0 I Religious I 0 I Veterans
Mailing address City
N.
Previous gambling permit number
-co\
Other nonprofit organization
State Zip Code
County
(fU, 9:54-2.-
Em~i1 address
@\ITd.cx-~ 5?cJ.
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Name of chief executive officer (CEO)
Daytime phone number
vY\
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
I 0 I Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
OOJ
IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
g
IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
[Q
IRS. proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity wiHbe conducted (for raffles, list the site where the drawing will take place)
~dd.e.n Va1~ -Gdf' ~ Cd11l\tf'1 Club
Ad ress (do not use PO bo ) City
100\ r
Date(s) of activity (for raffles, indicate the d
':t 13 to
h ck the box or boxes that indicate the type of gambling activity your organization will conduct:
o 8ingo* Raffles DPaddlewheels* DPull-Tabs* DTipboards*
* Gambling eqUipment for pull-tabs, bingo paper, tipboards, and
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo
number selection devices may be borrowed from another organization
authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click on List
of Licensed Distributors, or call 651-639-4076.
Also complete
Page 2 ofthis form.
LG220 Application for Exempt Permit
Page 2 of 2
9/08
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is within city limits,
a city official must check (X) the action that the city is
taking on this application and sign the application.
~he application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1 st class city).
_The application is denied.
p,,,, city name Gold f 11 V ({lIe;;,
On behalf of the city, I aCknowledge this a lication.
Date~]iIL1fL
CHIEF EXECUTIVE OFFICER'S SIGNATURE
If the gambling premises is located in a township, a
county official must check (X) the action that the county is
taking on this application and sign the application.
A township official is not required to sign the application
(unless required by the county).
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county official receiving application
Title
Date_'_'_
(Optional) TOWNSHIP: On behalf of the township, I
acknowledge that the organization is applying for exempted gambling
activity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title
Date---1_'_
Chief executive officer's signature
The information proVided in this application is complete and accurate to the best of my knowledge. I acknowledge that the
financial report will be completed and relur. to the Board within 30 days of the date of our gambling activity.
~
N'.
Date
Complete a separate application for each gambing activity:
- one day of gambling activity,
- two or more consecutive days of gambling activity,
- each day a raffle drawing is held
Send application with: a copy of your proof of nonprofit status,
and $50 application fee for each event. Make check payable to
"State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Financial report and record keeping
required
A financial report form and instructions will be
sent with your permit. Within 30 days of the
activity date, complete and return the financial
report form to the Gambling Control Board.
Questions?
Call the Licensing Section of the Gambling
Control Board at 651-639-4076.
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Data privacy. This form will be made available in
alternative format (j.e.large print, Braille) upon
request. The information requested on this form
(and any attachments) will be used by the
Gambling Control Board (Board) to determine your
qualifications to be involved in lawful gambling
activities in Minnesota. You have the right to
refuse to supply the information requested;
however, if you refuse to supply this information,
the Board may not be able to determine your
qualifications and, as a consequence, may refuse
to issue you a permit. If you supply the
information requested,
the Board will be able to process your
application. Your name and and your
organization's name and address will be publiC
information when received by the Board. All
the other information you provide will be private
data until the Board issues your permit. When
the Board issues your permit. all of the
information provided to the Board will become
public. If the Board does not issue a permit, all
information provided remains private, with the
exception of your name and your organization's
name and address which will remain public.
Private data are available to: Board members,
Board staff whose work requires access to the
information; Minnesota's Department of Public
Safety; Attorney General; Commissioners of
Administration, Finance. and Revenue;
Legislative Auditor, national and international
gambling regulatory agencies: anyone pursuant
to court order; other individuals and agencies
that are specifically authorized by state or
federa/law to have access to the information;
individuals and agencies for which law or legal
order authorizes a new use or Sharing of
information after this Notice was given; and
anyone with your consent.
North Memorial
June 1, 2009
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Judy,
The North Memorial Foundation will host our annual fundraising event at the Golden
Valley Golf and Country Club on Monday, July 13th, 2009. We are requesting
permission to hold a raffle at this event and respectively request that the City Council
waive the customary 30-day waiting period for the exemption for lawful gambling permit
required for this type of event.
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Thank you for your consideration.
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Sin erely, /J
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J eph G. Boston
Vice President, Development
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3300 Oakdale Avenue North. Robbinsdale, MN 55422 . Phone: (763) 520-5200
Regular Meeting of the
Golden Valley Planning Commission
April 27, 2009
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, April
27,2009. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser. Also present was Director of Planning and Development
Mark Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman.
1. Approval of Minutes
February 23, 2009 Regular Planning Commission Meeting
Eck referred to the fourth paragraph on page three and noted that the word "said" is
missing at the beginning of the second sentence.
Waldhauser referred to the first sentence in the first paragraph on page seven and noted
that the word "it" was in the wrong place.
Eck referred to the second sentence in the first paragraph on page seven and stated the
word "infrastructural" should be changed to "infrastructure".
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve
the February 23 minutes with the above noted corrections.
2. Informal Public Hearing - Conditional Use Permit - 6210 Wayzata Blvd. - CU-125
Applicant - Art Holdings
Address - 6210 Wayzata Blvd.
Purpose - To allow for the sale and repair of electric vehicles in the Mixed Use
zoning district
Hogeboom explained that the applicant is requesting a Conditional Use Permit in order to
allow B2B Segway/Segway Minnesota to sell and service electric vehicles in the Art
Holdings building located at 6210 Wayzata Blvd. He noted that the property is zoned Mixed
Use and is guided on the Comprehensive Plan for Mixed Use.
Hogeboom stated that this is the first request for a Conditional Use Permit in the Mixed Use
zoning district. He explained that the Mixed Use zoning section of the City Code has a
provision in it that allows conditional uses in the Commercial zoning district to be permitted
uses in the Mixed Use zoning district.
Minutes of the Golden Valley Planning Commission
April 27, 2009
Page 2
Hogeboom referred to his staff report and discussed the ten factors used when reviewing a
Conditional Use application. He stated that staff feels there will be no negative effects as a
result of this proposed use and has determined that this proposed use does not conflict with
the Comprehensive Plan, it will not affect property values and it will not impact traffic in the
area therefore, staff is recommending approval of this request with the following conditions:
1. All signage must adhere to City sign guidelines for the 1-394 Mixed Use Zoning District.
2. The number of employees on the site at anyone time shall be limited to twelve.
3. The hours of normal operation shall be Monday through Saturday from 8 am to 7 pm.
4. All improvements .to the building must meet the City's Building Code requirements.
5. All requirements must be met for the installation of fire safety equipment.
6. All other applicable local, state and federal requirements shall be met at all times.
Kluchka stated that condition number three seems too restrictive and asked if it is
necessary. Hogeboom agreed and stated that the hours of operation listed in the conditions
of approval were taken from the applicant's narrative.
McCarty asked if condition number two regarding the number of employees is based on the
square footage of the building orthe applicant's narrative. Hogeboom said the number of
employees was based on the applicant's narrative. Keysser asked if the number of
employees is based on the available parking. Hogeboom noted that this property has
adequate parking for this use.
Eck questioned the relationship between Art Holdings, C. Chase Company and Segway.
Hogeboom said it is his understanding that C. Chase Company is related to Art Holdings
who owns the building and that Segway is the company proposing to operate the proposed
business. Grimes clarified that C. Chase Company is the real estate broker for Art
Holdings.
Kluchka said one of the things he looks for in proposals in the Mixed Use zoning district is
how they measure against the allowed or conditional uses of the former zoning of the
property. He asked if the Mixed Use zoning designation has made the proposed use more
or less difficult to get. Hogeboom said the Mixed Use zoning district has made it easier in
this case for the applicant because permitted and conditional uses in the Commercial
zoning district are allowed in the Mixed Use zoning district with a Conditional Use Permit.
Kluchka referred to applicant's narrative regarding their proposed sidewalk and the
applicant using that sidewalk to display and demonstrate their product. He asked if staff
feels that is an appropriate use for a sidewalk. Hogeboom said ordinarily that would not be
an appropriate use for a sidewalk but in this case the proposed sidewalk is on their
property, not in city right-of-way. He said he feels that part of the intent of the Mixed Use
zoning district is to have some retail uses brought out to the sidewalk. He added that when
the applicant installs the proposed sidewalk he will have to work with the city's Engineering
Department regarding necessary permits. Kluchka said he would like the Planning
Commission to have additional discussion about allowing product sales and display on
sidewalks when the intent in the 1-394 Corridor was to encourage restaurants and seating
on sidewalks.
Minutes of the Golden Valley Planning Commission
April 27, 2009
Page 3
Waldhauser said she realizes that there will be some industrial, commercial and office uses
in the Mixed Use zoning district but she thinks the City is really looking for retail businesses
that serve individuals and have a street presence. She stated that in this case it looks like
the showroom is going to be on the second level and the first level will be a service
operation but it looks like the street front area is the display area that Art Holdings has had
at this property.
Greg Hennes, Owner, Art Holdings, 6210 Wayzata Blvd., stated that the building is 26,000
square feet and he is looking for a tenant to take over part of the space because it is too big
for Art Holdings. He explained that Art Holdings will continue to operate in this building and
will occupy approximately two-thirds of the building; B2B Segway will occupy approximately
one-third of the building. He stated that the upper floor for Art Holdings is used for office,
showroom and retail space. For Segway the upper floor would be used for office and retail.
The lower level for Art Holdings is the production and picture framing area and for Segway
it would be the area they use to service the vehicles. He added that Art Holdings currently
has 24 employees with 51 parking spaces with proof of parking for an additional 36 parking
spaces.
Hennes referred to the sidewalk that has been discussed and explained that it won't be a
city sidewalk. It will be a sidewalk on their property running along the perimeter of the
building and used mainly to gain access to the east parking lot. He confirmed that there
would also be some display of product on the sidewalk as well.
Brad Benyas, B2B Segway, explained that B2B Segway is their commercial division and
Segway of Minnesota is theirretail division. He talked about his current location in an
industrial/commercial park and stated that he would like to have more of a retail presence
which is why they would like to move to the proposed location in Golden Valley. He added
that their product is all electric transportation including scooters, bikes, motorcycles and
Segways.
Keysser asked about Neighborhood Electric Vehicle (NEV) products. Benyas said NEV
products have more ofa niche market and his business would have some NEV products
but they would not be his main focus. Keysser asked if the products being sold are "street
legal". Benyas said yes and stated that the Segway product is classified as a pedestrian
vehicle so they have to follow the same laws as pedestrians.
Grimes asked Benyas if he feels comfortable with the area that will be used for test drives.
Benyas said yes and added that he feels there is enough room on the property for test
drives.
Keysser asked Benyas how many customers per day he envisions. Benyas said he
currently has approximately 20 customers per day but he hopes to have more once he is
located in the 1-394 Corridor.
Grimes asked if individuals purchase Segways or if they are purchased by companies.
Benyas stated that approximately 65% of his sales are commercial and 35% are retail.
Minutes of the Golden Valley Planning Commission
April 27, 2009
Page 4
Grimes asked Benyas if his intent is to display his products on the sidewalk during the day
and bring them indoors at night. Benyas said yes. He added that in the future there may be
some electric cars stored outside.
Keysser asked Benyas if he has any concerns about traffic during customer's test drives.
Benyas said no because it is a fairly quiet area.
Eck asked how people would know about this business. Benyas said his customers mainly
find him. There is also some national advertising and he does a lot of trade show work.
Kluchka asked if there are bicycle racks on the property for the employees. Hennes stated
that none of his current employees bike to work but they do ride the bus and carpool.
Cera referred to the condition in the staff report regarding the hours of operation and asked
Benyas how he felt about it. Benyas said he would appreciate some flexibility regarding his
hours of operation. Grimes asked Benyas if he could sell on Sundays. Benyas said he will
be applying for a dealership license but he won't be able to sell his cars or motorcycles on
Sundays. Grimes said he would feel comfortable removing the condition regarding the
hours of operation. Waldhauser noted that currently there isn't residential property in the
area but that could change in the future so they may want to consider limiting evening
hours. Benyas said his current hours are 8 am to 7 pm on weekdays and by appointment
on weekends. He added that with his larger retail presence he may like to be open on
weekends. Cera stated that if the applicant wants to be open on weekends the condition
regarding hours would have to be changed or removed. Grimes suggested allowing the
hours of operation to be from 7 am to 9 pm every day. The Commissioners agreed.
Hennes asked if the stipulations for Segway apply to the entire building. Grimes said the
stipulations would only apply to this proposed use.
Waldhauser asked if there needs to be a limit on the number of employees. Benyas said he
doesn't foresee having more than 12 employees. Grimes said the parking works for 12
employees but they could be flexible and allow for 15 employees.
Keysser opened the public hearing. Seeing and hearing no one wishing to comment,
Keysser closed the public hearing.
Kluchka asked why there needs to be a limit on the parking or the number of employees if
there is already proof of parking on the property. Grimes said he agrees that there probably
isn't a need for limits on parking or the number of employees.
Grimes stated that he would like to add a condition of approval that the Segway space is
limited to what they've shown on the site plan they submitted with their application.
Kluchka asked if there needs to be a stipulation regarding the sidewalk not being located in
the right-of-way. Grimes said the sidewalk requirements will be handled in the grading and
erosion control permit process if one is required.
Minutes of the Golden Valley Planning Commission
April 27, 2009
Page 5
Eck noted that the Segway showroom is on the second floor and asked about the ramp
mentioned in the applicant's narrative. Benyas explained that the building is two stories in
the back and one story in the front. The ramp will be on the loading dock in the service
area.
Benyas referred to the site plan submitted with the application and asked if slight
modifications could still be made. Grimes asked the applicant to bring a final plan to him
before the proposal goes to the City Council meeting.
McCarty asked Grimes why the City would want to limit this use to how it is shown on the
site plan. He asked what would happen if the applicant wanted to use additional space in
the building. Grimes explained that a Conditional Use Permit is based on a specific use and
the applicant would have to come back and amend the Conditional Use Permit if he wants
to make changes to an approved Conditional Use Permit. McCarty asked about the
process if B2B Segway wanted to add a couple hundred of square feet to the space.
Grimes said technically any change to approved plan would require an amended
Conditional Use Permit. Benyas said he would appreciate some flexibility in order to grow
his business in the future. He asked if the Conditional Use Permit could be for the entire
building. Grimes said he would like to see how this operation works before the City says it
can be bigger because this is something new and different and it will probably be awhile
before they would need to expand their space. He said he wants to wait and see if there
are any issues or concerns regarding this use and requiring the applicant to come back for
amendments would give the City the opportunity to address any issues that may arise. The
Commissioners agreed.
MOVED by Waldhauser, seconded by Eck and motion carried unanimously to
recommend approval of a Conditional Use Permit to allow for the sale and repair of
electric vehicles at 6210 Wayzata Blvd. with the following conditions:
1. All signage must adhere to City sign guidelines for the 1-394 Mixed Use Zoning District.
2. The hours of normal operation shall not exceed Monday through Sunday from 7 am to 9
pm.
3. All improvements to the building must meet the City's Building Code requirements.
4. All requirements mustbe met for the installation of fire safety equipment.
5. All other applicable local, state. and federal requirements shall be met at all times.
6. The site plan submitted by Art Holdings and prepared by MS&R shall become a part of
this approval.
7. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the CUP.
Minutes of the Golden Valley Planning Commission
April 27, 2009
Page 6
3. Informal Public Hearing.... Zoning Code Amendment - Regarding Extension of
Time for Submittal of Final PUD Plan
Applicant - City of Golden Valley
Purpose - To amend Section 11.55, Subd. 6(A) (Planned Unit Development Chapter
of the Zoning Code) to allow for Extension of Time for Submittal of Final PUD Plan
Grimes explained that staff recently looked at granting an extension for a Final PUD
submittal and it was discovered by the City Attorney that there weren't provisions in the
Code that specifically allow the City Council to grant time extensions for PUDs even
though they had done so in the past. He added that the City Attorney and staff believe
that amending the PUD language to permit an extension of up to 180 days by the City
Council is appropriate with the understanding thatthe extension is at the sole discretion of
the City Council and that the City Council may add conditions at the time granting the
extension.
Cera asked if the Planning Commission would have a role in granting extensions. Grimes
said no, it would be the decision on the City Council.
Keysser opened the public hearing. Seeing and hearing no one wishing. to comment,
Keysser closed the public hearing.
The Commissioners agreed that this proposed change to the Zoning Code makes sense.
MOVED by Waldhauser, seconded by Cera and motion carried unanimously to
recommend approval to amend Section 11.55, Subd. 6(A) (Planned Unit Development
Chapter of the Zoning Code) to allow for extension of time for submittal of Final PUD
Plan.
4. Consideration of Resolution No. 09-02 Finding that the Redevelopment Plan for
the Douglas Drive Redevelopment Project Area Conforms to the City's
Comprehensive Plan
Grimes reminded the Commissioners that this item was brought to them recently asking
that they review the Douglas Drive Redevelopment Project Area to confirm that it
conforms to the City's Comprehensive Plan. At that time the new Comprehensive Plan
had not yet been approved by the City Council. It has since been adopted by the City
Council so staff feels it is now a more appropriate time for the Planning Commission to
find that the Douglas Drive Redevelopment Plan Project Area conforms to the City's
Comprehensive Plan. He referred to Jeanne Andre, Assistant Director of the Housing and
Redevelopment Authority's memo regarding the changes that have been made to the
Redevelopment Plan and how the Planning Commissioner's comments have been
incorporated into the Plan. He also referred to his memo where he lists findings regarding
the conformance of the Redevelopment Plan to the Comprehensive Plan.
Minutes of the Golden Valley Planning Commission
April 27, 2009
Page 7
Kluchka thanked Grimes for providing the findings and asked that findings be done in the
future on projects like this.
Waldhauser said she thinks the Redevelopment Plan is excellent.
MOVED by Eck, seconded by Kluchka and motion carried unanimously finding that the
Redevelopment Plan for the Douglas Drive Redevelopment Project Area conforms to the
City's Comprehensive Plan and to approve Resolution 09-02.
--Short Recess--
5. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
6. Other Business
Waldhauser asked staff if there is information available regarding the number of housing
units in the City that are owner occupied. Hogeboom said yes and that he could provide
that information to the Commission.
Waldhauser said she is curious if the market has driven more homes to become rental
properties.
Grimes and Hogeboom discussed foreclosures in Golden Valley and stated that the City
has been working directly with the banks regarding maintenance issues on foreclosed
homes.
Kluchka asked that records be kept regarding proposals in the 1-394 Corridor District.
He said he would like to know if approvals are easier, harder or the same to obtain as
they were when the properties were zoned differently.
7. Adjournment
The meeting was adjourned at 8:05 pm.
Lester Eck, Secretary
GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING
Minutes from the Meeting of April 16, 2009
Members Present: Marion Helland, Anne Dykstra, Roger McConico, Debra Yahle, Bob
Hoyt & Jay Sandvik.
Members Absent: Christopher Jordan.
Staff Present: Chief Stacy Altonen.
The meeting was called to order by Commissioner Dykstra at 7:05 pm.
OPEN FORUM
There was no one present requesting to address the Commission.
CHAIRPERSON'S REPORT
APPROVAL OF MINUTES
Commissioner Hoyt moved to approve the minutes of the December 11, 2008 meeting;
seconded by Commissioner Helland. The minutes were unanimously approved.
COMMITTEE REPORTS
SCHOOL EDUCATION
Commissioner Helland distributed copies of a Star Tribune article and another editorial
regarding the desegregation of Minneapolis Schools. Further discussion ensued
concerning issues facing the Minneapolis School District.
Commissioner Helland distributed a draft program for the Human Rights Essay Celebration
on April 30th.
HOUSING
Commissioner Dykstra advised she met with staff members from the City's planning and
communications departments regarding housing and foreclosure issues. It was determined
by the planning department that appropriate steps have already been taken to disseminate
information to residents facing foreclosure.
Chief Altonen advised she distributed the brochures Commissioners Yahle and Jordan put
together to apartment managers, and the brochures were well-received.
Commissioner Dykstra distributed copies of the report she prepared for Council Member
Scanlon outlining HRC participation in various events and issues. Chief Altonen advised
the council is seeking the commission's assistance in developing ways to communicate
census material to various populations within the City of Golden Valley for the 2010 United
States Census. Joe Hogeboom from the Planning Department intends to attend the May
HRC meeting to discuss this topic further with commissioners.
LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS
Commissioner Helland advised the next meeting is at the Minneapolis City Hall.
SHARE THE DREAM
There was no discussion onthis topic.
ENVISION: GOLDEN VALLEY
Commissioner Dykstra advised commissioners have been invited to the Perpich Center to
meet with the Envision group anytime before 9PM this evening. The Envision group is
interested in connecting with commissioners to discuss various events each group is
involved in.
DISCRIMINATION
There was some discussion concerning the demographics of contractors doing work in
Golden Valley on road projects. Chief Altonen advised for most contracts vendors are
selected from the state contract list of companies and Golden Valley mostly follows the
criteria used by the state for awarding contracts.
OLD BUSINESS
SCHOOL BOUNDARIES
Commissioner Dykstra advised state legislative changes are necessary to facilitate change
in how school boundaries are determined.
NEW BUSINESS
ATTENDANCE REQUIREMENTS
Commissioner Dykstra advised Ron Brandon is no longer a member of the commission due
to attendance issues.
LONG TERM GOALS
Commissioner Hoyt advised it may be beneficial for commissioners to set goals for what
the commission is trying to accomplish. Commissioner Dykstra suggested a half-day
retreat to comprise an agenda of issues or events the commission would like to undertake.
Commissioner Helland moved to set a date for this retreat; seconded by Commissioner
Hoyt. Motion carried unanimously. The retreat/planning session was scheduled for
Saturday, May 9th, from 8AM-12PM.
GOLDEN VALLEY DAYS PARTICIPATION
There was some discussion regarding a booth at Valley Days; more discussion to follow.
ELECTION OF OFFICERS
Commissioner Yahle moved to postpone the elections until all members can be present to
vote; seconded by Commissioner McConico. Motion carried unanimously.
NEXT MEETING
The next meeting is scheduled for Thursday, May 14th, beginning at 7PM.
ADJOURNMENT
Moved by Commissioner Hoyt, seconded by Commissioner McConico to adjourn the
meeting at 8:10 pm.
Golden Valley Human Services Foundation (GVHSF) Meeting Minutes
May 11, 2009
Present: Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Chris Monroe, Diane Nimmer,
Steve Schumacher and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison.
Not Present: Daniel Blumb, Gloria Johnson and Connie Sandler.
Call to Order: Past Chairman Schumacher called the meeting to order at 6:34 p.m.
March 9 minutes: Erickson moved and Vodovoz seconded the motion to approve the
minutes of March 9. The motion passed unanimously.
Run the Valley: Fackler reported that Run the Valley raised $14, 317. Active.com has one
more check to send. Final amount will be announced at the June meeting. Several runners
have sent positive e.,mails about the race. Medals have been mailed. 2010 date is April
10th.
New Business:
Elections: Schumacher moved to table the election of Chair and Vice-Chair until the June
meeting. Heilicher seconded the motion. The motion passed unanimously.
Golden Valley Golf Classic: After much discussion, it was decided to continue the Golf
Classic "as is", an 18-hole shotgun with continental breakfast prior to the tournament and
lunch with awards after the tournament. A new sponsorship will be added "$75 to sponsor a
golf cart". New marketing idea: sponsor a foursome from the agencies we fund. Fackler will
meet with the Golden Valley Communications Department to work on the corporate
brochure. Heilicher will contact Piazza's and LaTuff's for a lunch menu and price. A request
from Go Health Chiropractic to offer digital foot scans and 15-minute chair massages after
the tournament was approved. Monroe offered to contact Lee Valsvick and KARE 11 to
promote the tournament and Freestyle Productions to shoot the promotion. Heilicher will
contact AI's Coffee to see if they would donate individual coffee packets for each golfer as
a thank you. Fackler will contact Town Crier to get a price on an inexpensive coffee mug to
go with the coffee pack.
Other Business:
The by-laws were reviewed. Monroe moved and Heilicher seconded the motion to accept
the by-laws as currently written. The motion passed unanimously.
Taste of Golden Valley: November 19, 2009 is being held by the Golden Valley Country
Club for the Taste of Golden Valley. The GVCC is requesting a rental fee of $1,000 and the
GVHSF assist with clean-up after the event including cleaning the carpet. Heilicher is
meeting with a carpet cleaner to discuss the request. Members would like to discuss the
carpet cleaning clause with the GVCC management prior to signing the contract.
Blumb and Schumacher met with Luke Weisberg from Golden Valley Days. Weisberg will
attend a .meeting of the GVHSF to discuss their organization.
Fackler will put together a brochure on the GVHSF and their events to have at Valley Days.
Human Services Fountain
May 11, 2009
Page 2
Adjournment: Heilicher moved to adjourn the meeting, Monroe seconded the motion. The
meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
SIIELDON RESIG
4900 Bassett Creek Drive
Golden Valley, MN 55422
(763)588-3696
June 9, 2009
JUNe._
Golden Valley City Council
My name is Sheldon Resig. My address is 4900 Bassett Creek Drive. I am
a licensed Professional Engineer in the State of Minnesota: Number
0078236. I am employed by the State of Minnesota in the Math Lab at
Inver Hills Community College.
My goal today is to convince the council that eliminating my secondary
driveway will be a hardship.
I received a letter dated May 20, 2009 from Mr. Oliver regarding Boulevard
Parking areas. Items 1 and 2 do not apply to my driveway. I will address
items number 3 and 4.
Item number 3 reads: "Head-in parking spaces that are separated from the
primary driveway should also be eliminated. However, if the homeowner
can demonstrate a hardship that requires that boulevard parking is
necessary, it may remain in place."
I do not have a handicap permit for my vehicles. My wife, Helen, had three
cancer surgeries about three years ago requiring removal of the soft tissue
(muscle) of her right leg. She was taught by a physical therapist to use a
walker and I was taught how to assist her to go up and down steps and
slopes. The surgeon offered to get us a handicap permit. We declined the
offer. We wanted to try to tough It out without the permits. Although Helen
does not have handicap permits, she does not have the mobility of an
average senior adult.
Item number 4 reads: "Secondary driveways that are not physically
connected to the primary driveway should be eliminated if possible.
However, if the homeowner can demonstrate a speCific need for the
auxiliary driveway, it may remain in place."
My home, which is almost 50 years old, was designed by an architect to
have a back driveway. The back driveway gives access Into my home to the
kitchen and a bathroom. To get to the kitchen from the front driveway
requires going through the family room the dining room then into the
kitchen and through the kitchen to the bathroom. At the end of the
driveway is an enclosed area for a trash can which is adjacent to a patio.
The trash can is at the bottom of the steps from the back door. A hand rail
was installed on the steps so Helen can go up and down. Equal access is not
available from both driveways. There is not a place in front of the house to
locate the trash container. The back driveway is plowed in the winter to
maintain access to Perry Ave. for the trash pickup.
I do not understand what boulevard parking means. I do not park on the
boulevard, but I do cross it both in the front and back driveway. My
perception of boulevard parking, per the May 20, 2009 letter from Mr.
Oliver, is that I am in compliance with the ordinance. As a licensed
Professional Engineer I dealt with safety issues for 40 years, some of it with
truck traffic on industrial property, often with OSHA representatives. I have
used the secondary driveway for 38 years without incident, zero complaints
from neighbors, and on rare occasion a neighbor has used it.
I am appealing the Staff's decision because the process moved so quickly.
I don't feel there was adequate time to interview me and review my needs.
Four years ago I said I Mm1 a back driveway. It is a great convenience and
the architect knew what he was doing. Three years ago I said I nu.d a back
driveway to be able to remain in my home.
Helen and I have discussed what we will do when one of us die. It is our
desire for the survivor to remain in our home. I have told you why I need a
back driveway now. With my disease I will probably die first. Helen will not
be able to remain in the home without a rear driveway access.
Thank you for your consideration.
Sheldon Resig, P.E.
ACTIVITY LOG
May 20, 2009
May 26, 2009
May 28, 2009
June 3, 2009
10:30 A.M.
June 3, 2009
10:55 A.M.
June 4, 2009
7:35 A.M.
June 4, 2009
9:30 A.M.
June 4, 2009
10:45 A.M.
June 4, 2009
11:30 A.M.
June 5, 2009
11:30 A.M.
Letter from J. Oliver to eliminate secondary driveway
Phone J Oliver. Told to write letter.
I respond with letter to Mr Oliver
Back driveway was completed. I thought my letter
to Mr. Oliver was successful
Received hand delivered letter denying request.
Left phone message for J. Clancy
J. Clancy will notify me of appeal date to City Council
J .Clancy: I am on Council agenda June 9, 2009
Left J. Clancy message that driveway was Jack-
hammered out
5 cement workers began to replace curb
Hey
M mo n m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. E. 2. Receive and File South Tyrol Hills Neighborhood Association Letter Regarding Storm
Water Pond
Prepared By
Jeannine Clancy, Director of Public Works
Summary
The Mayor and members of City Council have received a letter from the South Tyrol Hills
Neighborhood Association requesting that the City fill a stormwater pond with potable city
water. The association offered to pay for the water.
The association's request is not consistent with water consumption and conservation goals
set forth in the City's Water Supply Plan, which has been submitted to the Metropolitan
Council and Department of Natural Resources. Therefore, staff recommends that Council
advise the association that the City cannot provide the water as requested.
Attachments
Correspondence received from the South Tyrol Hills Neighborhood Association to Golden
Valley City Council, dated June 6,2009 (1 page)
Recommended Action
Motion to receive and file the South Tyrol Hills Neighborhood Association's letter, dated
June 6, 2009, regarding their stormwater pond and direct staff to respond according to the
recommendation outlined herein.
~. r .
South Tyrol Hills Neighborhood Assocation
Golden Valley, Minnesota
June 6, 2009
aUN 9 2009
City Council
Linda Loomis, Mike Freiberg, Paula Pentel, DeDe Scanlon, Bob Shaffer
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear members of the Golden Valley City Council,
The pond in our South Tyrol Hills neighborhood needs water and we're asking for
your help.
Our pond is beloved by residents and is an appealing neighborhood amenity.
However, for several years, the water level in the pond has gradually dropped. This
year, with dry weather conditions, the pond level is at an all-time low making it
visually unappealing and a dirty mud pit for animals and possibly children.
When our city streets were rebuilt several years ago, curbs and gutters were added
for the first time. Since then, with the primary water source to the pond restricted,
the water level has been dropping.
In the past, when the pond needed water, an occasional call to the city resulted with
the fire department arriving and opening a hydrant. We know that recent policies
adopted by the council or city now prohibit this service.
Currently, our residents actively volunteer and help care for the pond area. We
weed between visits by the city's contracted prairie maintenance service. We pull or
treat undesirable aquatic vegetation. We police the shoreline for trash and debris.
We've installed a duck house and watched over an array of fowl and wildlife. In fact,
we've done nearly everything possible as private citizens to help maintain the area.
At our recent association meeting, members enthusiastically volunteered to
contribute financially to the purchase of water and are ready to assist in other ways.
Since our neighborhood has a long history of community involvement and
philanthropy, we're ready to help fund a plan that the city may devise.
We know the pond retains water once it enters the basin. But now we desperately
need water. Can the city help?
Thank you for your consideration.
Douglas Kline and
Resident members of the South Tyrol Hills Neighborhood Association
1509 Alpine Pass
Golden Valley, MN 55416
763-377-6464
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alley
m nd m
City Administration/Council
763-593-8014/763-593-8109 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. F. Authorizing 2009 Application to Minnesota Department of Transportation Community
Roadside Landscaping Partnership Program for Highway 55 Lilac Planting
Prepared By
Jeanne Andre, Assistant City Manager
Summary
Bridge Builder Dwight Townes had a vision to recreate the Highway 100 Lilac Way concept
on Highway 55. He learned about the Minnesota Department of Transportation Community
Roadside Landscaping Partnership Program which provides professional assistance to
develop a landscaping plan and has a grant program that supplies plant and r~lated
(compost, mulch, etc.) materials to implement the plan. The City applied for and was funded
for a project in 2008 for planting from Winnetka to General Mills Boulevard/Boone Avenue
North.
MnDOT staff has developed a plan for a second round of planting, from Winnetka east to
Glenwood Avenue, that has been reviewed by City staff. To proceed with the application the
City must adopt a resolution providing its support and authorizing a cooperative agreement
with MnDOT. City staff will prepare the site and water the new plants through the fall. The
planting date has tentatively been set for the morning of Saturday, September 26. MnDOT
staff suggested that approximately 55 volunteers would be necessary to complete the
planting in approximately four hours. There was good volunteer turnout in 2008 and many of
the volunteers expressed interest in helping with future planting.
Attachments
Resolution Authorizing 2009 Application to Minnesota Department of Transportation
Community Roadside Landscaping Partnership Program for Highway 55 Lilac Planting
(1 page)
Recommended Action
Motion to approve Resolution Authorizing 2009 Application to Minnesota Department of
Transportation Community Roadside Landscaping Partnership Program for Highway 55 Lilac
Planting.
Resolution 09-35
June 16, 2009
Member
introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING 2009 APPLICATION TO
MINNESOTA DEPARTMENT OF TRANSPORTATION COMMUNITY ROADSIDE
LANDSCAPING PARTNERSHIP PROGRAM FOR HIGHWAY 55 LILAC PLANTING
WHEREAS, Bridge Builder Dwight Townes, in cooperation with the Golden Valley
Connection Project and the Minnesota Department of Transportation (MnDOT) Landscape
Partnership Program, has initiated a project to landscape the Trunk Highway 55 right-of-
way from Wirth Parkway to Trunk Highway 169 in Golden Valley; and
WHEREAS, the second phase of this project proposes to invite volunteers to
landscape the TH 55 right-of-way from Winnetka to Glenwood Avenue under the MnDOT
Community Roadside Landscaping Partnership Program application period ending July 31,
2009; and
WHEREAS, the support of the Golden Valley City Council and City staff is necessary
to apply for MnDOT funding and successfully implement this project.
NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley will act as
sponsoring unit for the project identified as Highway 55 Lilac Planting, on state Trunk
Highway 55, to be conducted during the period of August through November, 2009.
BE IT FURTHER RESOLVED that City Manager Tom Burt is hereby authorized to
apply to the Minnesota Department of Transportation for funding for this project on behalf of
the City of Golden Valley and enter into a Cooperative Agreement with the Minnesota
Department of Transportation to undertake this project, if funded.
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
Memorand m
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. G. Authorizing Call of Outstanding General Obligation Tax Increment Bonds, Series 2003A
and Taxable General Obligation Tax Increment Bonds, Series 2003B - Valley Square Area B
Prepared By
Susan Virnig, Finance Director
Summary
The City issued bonds for the Housing and Redevelopment Authority. The Bonds that will be
called are for the Valley Square Redevelopment Area B. The approval of this resolution will
allow the City to defease the bonds one year early so the District can be closed at the end of
2009.
Attachments
Resolution Authorizing Call of Certain Outstanding General Obligation Tax Increment Bonds,
Series 2003A and Taxable General Obligation Tax Increment Bonds, Series 2003B (3 pages)
Recommended Action
Motion to adopt Resolution Authorizing Call of Certain Outstanding General Obligation Tax
Increment Bonds, Series 2003A and Taxable General Obligation Tax Increment Bonds,
Series 2003B.
Resolution 09-36
June 19, 2009
Member
introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING CALL OF CERTAIN OUTSTANDING
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003A AND
TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2003B
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota
(the "Issuer"), as follows:
Section 1. The Issuer has issued its General Obligation Tax Increment Bonds,
Series 2003A, dated, as originally issued, as of January 1,2003, in the original principal
amount of $3,370,000 and outstanding in the amount of $1,060,000 (the "Series 2003A
Bonds") and its Taxable General Obligation Tax Increment Bonds, Series 2003B, dated, as
originally issued, as of January 1, 2003, in the original principal amount of $1 ,445,000 and
outstanding in the amount of $450,000 (the "Series 2003B Bonds"; together with the Series
2003A Bonds, the "Bonds"). The Bonds were issued to finance improvements within the
Issuer's Valley Square Redevelopment Area and Tax Increment Financing District (the
"District") and are the only outstanding bonds issued to finance or refinance improvements
within the District.
Section 2. The Bonds are subject to prepayment at a price equal to the principal
amount thereof and accrued interest to the date of redemption upon notice of call for
redemption thereof mailed not fewer than 30 days before the date specified for redemption
to the registered holders of the Bonds.
Section 3. This Council has determined that there exist sufficient moneys available
for the prepayment of the Bonds to prepay the $755,000 aggregate principal amount of the
Bonds, together with interest accrued thereon to the date of redemption, February 1, 2010.
Section 4. The City Clerk is authorized and directed to cause U.S. Bank National
Association, St. Paul, Minnesota, the bank at which principal and interest on the Bonds are
payable, to cause the Notices of Redemption attached hereto as Exhibit A to be mailed in
accordance with Section 2.
Section 5. Upon deposit of the funds described in Section 3 in the debt service funds
for the Bonds, the District shall be terminated pursuant to Minnesota Statutes, Section
469.176, subdivision 1(b). Pursuant to Minnesota Statutes, Section 469.177, subdivision
12(2), the Hennepin County Auditor shall decertify the District.
Section 6. No further action shall be required of the Issuer to complete the
prepayment of the Bonds.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the. adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 09-36 - Continued
June 19, 2009
EXHIBIT A
NOTICE OF REDEMPTION
General Obligation Tax Increment Bonds, Series 2003A
Dated January 1, 2003
City of Golden Valley, Minnesota
Notice is hereby given that all Bonds of the above issue which mature on February 1 in the
following year and amounts:
Rate
4.00%
Maturity
Amount CUSIP
2011
$530,000 3812446C1*
* indicates full call.
are called for redemption and prepayment on February 1, 2010. The Bonds will be
redeemed at a price of 100% of their principal amount plus accrued interest to the date of
redemption. Holders of such Bonds should present them for payment, on or before said
date on which date they will cease to bear interest, in the following manner:
If bv Mail: (FULLY REG)
U.S. Bank National Association
Corporate Trust Operations,3rd Floor
P.O. Box 64111
St. Paul, MN 55164-0111
If by HAND or OVERNIGHT MAIL
U.S. Bank National Association
60 Livingston Avenue
EP-MN-WS3C
Bond Drop Window, 1st Floor
St. Paul, MN 55107
In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting
Requirements, the redeeming institutions are required to withhold 31 % of the principal
amount of your holdings redeemed unless they are provided with your social security
number or federal employer identification number, properly certified. This requirement is
fulfilled through the submitting of a W-9 Form, which may be obtained at a bank or other
financial institution.
U.S. Bank National Association, registrar for the refunded bonds, shall not be responsible
for the selection of or use of the CUSIP number, nor is any representation made as to its
correctness indicated in this Notice of Redemption. It is included solely for the convenience
of the Holders.
Additional information may be obtained from the undersigned.
Dated: June 16, 2009.
BY ORDER OF THE CITY OF GOLDEN VALLEY,
MINNESOTA
/s/ Susan VirniQ, Finance Director/City Clerk
Resolution 09-36 - Continued
June 19, 2009
NOTICE OF REDEMPTION
Taxable General Obligation Tax Increment Bonds, Series 2003B
Dated January 1, 2003
City of Golden Valley, Minnesota
Notice is hereby given that all Bonds of the above issue which mature on February 1 in the
following year and amounts:
Rate
5.00%
Maturitv
Amount CUSIP
2011
$225,000 381244 6L 1*
* indicates full call.
are called for redemption and prepayment on February 1,2010. The Bonds will be
redeemed at a price of 100% of their principal amount plus accrued interest to the date of
redemption. Holders of such Bonds should present them for payment, on or before said
date on which date they will cease to bear interest, in the following manner:
If bv Mail: (FULLY REG)
U.S. Bank National Association
Corporate Trust Operations, 3rd Floor
P.O. Box 64111
St. Paul, MN 55164-0111
If by HAND or OVERNIGHT MAIL
U.S. Bank National Association
60 Livingston Avenue
EP-MN-WS3C
Bond Drop Window, 1st Floor
St. Paul, MN 55107
In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting
Requirements, the redeeming institutions are required to withhold 31 % of the principal
amount of your holdings redeemed unless they are provided with your social security
number or federal employer identification number, properly certified. This requirement is
fulfilled through the submitting of a W-9 Form, which may be obtained at a bank or other
financial institution.
U.S. Bank National Association, registrar for the refunded bonds, shall not be responsible
for the selection of or use of the CUSIP number, nor is any representation made as to its
correctness indicated in this Notice of Redemption. It is included solely for the convenience
of the Holders.
Additional information may be obtained from the undersigned.
Dated: June 16, 2009.
BY ORDER OF THE CITY OF GOLDEN VALLEY,
MINNESOTA
/s/ Susan VirniQ, Finance Director/City Clerk
alley
Memorandum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley Council Manager Meeting
June 16, 2009
Agenda Item
3. H. Discontinuation of Valley Square Tax Increment District
Prepared By
Sue Virnig, Finance Director
Summary
Staff recommended at the March workshop the possibility that the City may be able to close
the last portion of Valley Square Tax Increment Area called Area B early. The Council
discussed it again at the June 9 Council/Manager Meeting. The following resolution needs to
be approved by June 30 for Hennepin County to remove the parcels from the Valley Square
District Area B.
Staff recommends closing the district early to help the impact on the property taxpayer for
taxes payable 2010.
Attachment
Resolution Amending the Valley Square Tax Increment Financing District to Discontinue the
Collection of Increment Generated from all Parcels (2 pages)
Recommended Action
Motion to adopt Resolution Amending the Valley Square Tax Increment Financing District to
Discontinue the Collection of Increment Generated from all Parcels.
Resolution 09-37
June 16, 2009
Member
introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE VALLEY SQUARE TAX INCREMENT
FINANCING DISTRICT TO DISCONTINUE THE COLLECTION OF
INCREMENT GENERATED FROM ALL PARCELS
WHEREAS, by adoption of a resolution on August, 1979, the City Council of the City
of Golden Valley Minnesota (the "City") has heretofore created the Valley Square Tax
Increment Financing District (the "District"), located within Valley Square Development
District No. 1500, and has approved a Tax Increment Financing Plan (the 'TIF Plan"), [as
amended], for the District to provide assistance to the project area; and
WHEREAS, the County Auditor of Hennepin County (the "County") has certified the
original net tax capacity and the original local tax rate of the District pursuant to the
provisions of Minnesota Statutes, Section 469.177;
WHEREAS, by adoption of Resolution 98-51 on May 19,1998, the City Council of
the City extended the term of the District for specified parcels (described as "Area B")
through the enactment of special legislation described in Section 14 of Chapter 389 in the
1998 Session Law (the "special legislation"); and
WHEREAS, the special legislation authorized the continued collection of tax
increment generated by the Area B parcels through tax payable year 2010 to payor
defease bonds issued to fund public redevelopment costs within the redevelopment project
or bonds issued to refund the bonds; and
WHEREAS, the City issued two series of tax increment revenue bonds in 2003 to
refund the bonds issued to fund public redevelopment costs within the redevelopment
project (the "2003 bonds"); and
WHEREAS, the special legislation further acknowledged the City's ability to continue
to collect increment generated District-wide to pay district bonds issued before April 1,
1990; and Resolution 06-65 amended the Valley Square Tax Increment Financing District
and discontinued Parcels contained in Non-Area B Project 1500.
WHEREAS, the City and the County have defined the Area B parcels as County
Project Number 1599 which has a preliminary frozen tax capacity of $56,592 and a
preliminary current total tax capacity of $762,830 for taxes payable year 2009; and
WHEREAS, as of the date hereof, the City projects increment revenue received
through the end of the 2009 calendar year to be sufficient to pay in full all the principal and
interest due on the district bonds issued in 2003; which last payment will be February,
2010; and
WHEREAS, in order to comply with the special legislation enacted in 1998, the City
desires to discontinue the collection of increment generated from County Project Number
1599 (Area B);
Resolution 09-37 - Continued
June 16, 2009
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, as follows (i) the City directs the County to discontinue sending
increment generated from County Project Number 1599 to the City after December 31,
2009; or with last tax payments made in January, 2010 for taxes payable in 2009 (ii) the
Clerk-Administrator shall provide a certified copy of this resolution to the County Auditor of
Hennepin County as notification of the City's compliance with the special legislation.
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.
alley
Me ndum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. I. Receipt of May 2009 General Fund Budget Report
Prepared By
Sue Virnig, Finance Director
Summary
The monthly General Fund Budget Report provides a progress report on the General Fund
operations for 2009. The revenues and expenditures show current month actual and year-to-
date actual compared to the 2009 approved budget. The first tax settlement is not received
until July 2009. The net use of fund balance or reserves is $4,372,354 at the end of May.
The 2009 unallotment from the State is estimated at $325,000.
Attachments
May 2009. General Fund Budget Report - unaudited (2 pages)
Recommended Action
Motion to receive and fiI~ the May 2009 General Fund Budget Report.
City of Golden Valley
Monthly Budget Report ~ General Fund
May, 2009 (unaudited)
Percentage Of Year Completed 42.00%
Revenue:
Over %
2009 May YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,796,685 8,466 $8,466 ($11,788,219) 0.07% (1)
Licenses 151,425 39,576 146,111 ($5,314) 96.49%
Permits 703,000 65,898 2.66,990 ($436,010) 37.98%
Federal Grants - Vest Program 0 0 2,500 $2,500
State Aid 10,500 4,230 29,748 $19,248 283.31%
Hennepin County Aid 0 1,250 1,250 $1,250
Charges For Services:
General Government 36,020 779 11,285 ($24,735) 31.33%
Public Safety 172,080 64,065 104,292 ($67,788) 60.61 %
Public Works 102,000 10,671 43,331 ($58,669) 42.48%
Park & Rec 391,050 25,859 170,221 ($220,829) 43.53%
Other Funds 1,187,000 16,298 30,454 ($1,156,546) 2.57%
Fines & Forfeitures 280,000 21,105 76,445 ($203,555) 27.30% (2)
Interest On Investments 230,000 0 0 ($230,000) 0.00% (3)
Miscellaneous Revenue 210,940 2,801 9,460 ($201,480) 4.48%
Transfers In 175,000 0 0 ($175,000) 0.00%
TOTAL Revenue $15,445,700 $260,998 $900,553 ($14,545,147) 5.83%
Notes:
(1) The first half taxes will not be received until July.
(2) Fines and Forfeitures is for April.
(3) Investments will be booked at year end.
Percentage Of Year Completed 42%
(unaudited)
Expenditures:
Over %
2009 May YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $333,565 23,562 157,047 ($176,518) 47.08% (5)
City Manager 820,770 54,382 293,480 (527,290) 35.76%
Admin. Services 1,555,470 129,233 505,310 (1,050,160) 32.49%
Legal 115,000 5,150 30,623 (84,377) 26.63% (1)
General Gov't. Bldgs. 602,500 32,273 210,636 (391,864) 34.96%
Planning 356,490 44,597 152,412 (204,078) 42.75%
Police 4,531,630 341,190 1,744,750 (2,786,880) 38.50%
Fire and Inspections 1,549,690 115,263 599,196 (950,494) 38.67% (2)
Public Works Admin. 312,430 26,641 124,580 (187,850) 39.87%
Engineering 674,750 66,321 214,340 (460,410) 31.77%
Streets 1,400,985 94,111 423,858 (977,127) 30.25%
Community Center 77,125 4,150 24,749 (52,376) 32.09%
Park & Rec. Admin. 642,845 48,859 247,056 (395,789) 38.43%
Park Maintenance 976,035 67,937 318,156 (657,879) 32.60%
Recreation Programs 432,680 15,130 95,931 (336,749) 22.17%
Risk Management 248,765 0 130,764 (118,001 ) 52.57% (3)
Transfers Out 814,970 0 0 (814,970) 0.00% (4)
TOTAL Expenditures $15,445,700 $1,068,799 $5,272,888 ($10,172,812) 34.14%
(1) This includes April ytd legal bill.
(2) Paid on Call Firefighters are now being paid monthly versus semi-annually.
(3) This includes two quarterly payments.
(4) Transfers will be made in July.
(5) This amount includes services for YMCA and Home Free Shelter.
alley
Morand
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. J. Twin Lake Regional Storm Water Pond Agreements
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
Golden Valley has been awarded a grant from the Hennepin County Environmental
Response Fund (ERF) Program in the amount of $36,600. The ERF funds will be used to
conduct a Phase I and Phase II environmental investigation of a site for the proposed Twin
Lake regional stormwater pond location. If necessary, a Response Action Plan would also be
developed for MPCA approval. The proposed pond is located east of Schaper Park adjacent
to Ottawa Avenue North. This location is in an area of previously documented filling (primarily
demolition debris), and therefore there is a risk of encountering similar materials during pond
construction.
The City and the Bassett Creek Watershed Management Commission (BCWMC) have been
working for many years to identify opportunities to implement water quality projects in this
area. The proposed stormwater pond has been identified in BCWMC's second generation
capital improvement plan. The BCWMC has funds to complete the new stormwater pond in
2009. The project will require acquisition of land in either fee or as an easement from States
Electric Manufacturing and Union Pacific Railroad.
Hennepin County Environmental Services has requested that the City sign the attached
agreement in order to complete the grant process. In addition, staff has negotiated an
agreement with Barr Engineering Company to complete the Phase 1111 environmental
investigation.
Attachments
Location map ( 1 page)
Environmental Response Fund Grant Agreement between City of Golden Valley and
Hennepin County Department of Environmental Services (6 pages,/oose in agenda packet)
Professional Consulting Services Agreement for the City of Golden Valley with Barr
Engineering Company (15 pages, loose in agenda packet)
Recommended Action
Motion to sign the Environmental Fund Grant Agreement between City of Golden Valley and
Hennepin County Department of Environmental Services.
Motion to sign Professional Consulting Services Agreement between the City of Golden
Valley and Barr Engineering Company.
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Print Data: 10/15/08
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Property Lines (2008).
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BAR 09-0012
Contract No. A082591
ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT
BETWEEN CITY OF GOLDEN VALLEY AND
HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES
This Agreement is made on by and between the County of Hennepin, State of
Minnesota ("County") at A2300 Government Center, Minneapolis, MN 55487 by and through its Department of
Environmental Services ("Department") and the City of Golden Valley, City Hall, 7800 Golden Valley Road,
';'{]olden Valley, Minnesota 55427 ("Grantee").
Grantee has made application to the County for a grant to be used for an assessment including a Phase I and II
Environmental Site Assessment, development of a Response Action Plan, and related environmental and consulting
fees at the Twin Lake Regional Storm Water Pond project located at 650 Ottawa Avenue North, Golden Valley,
which application is incorporated into this Agreement by reference.
In consideration of the mutual promises set forth below, the parties agree as follows:
I. GRANT AMOUNT AND COMPLETION
The County shall grant to Grantee a sum not to exceed Thirty Six Thousand and Six Hundred Dollars ($36,600.00)
which funds shall be only for expenses incurred in performing activities specified in the Application and as may be
further described in Exhibit A to this Agreement or as approved by the County. Approved assessment activities as
may be described in the application and Exhibit A are referred to herein as the "Project". Administrative costs
incurred by Grantee are not eligible for reimbursement.
Grantee agrees to complete the Project within one (I) year of execution of this Agreement and within the terms
stated herein. Any material change in the scope of the Project, including time schedule and budget, must be
approved in writing by the County. Upon approval by the County Administrator, the duration of this Agreement
may be extended for up to twelve (12) months. Funds made available pursuant to this Agreement shall be used only
for expenses incurred in performing such purposes and activities described in the Application and this Agreement.
2. ACCOUNTING AND RECORD KEEPING
For all expenditures of funds made pursuant to this Agreement, Grantee shall keep fmancial records including
properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and
propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting
principles.
Grantee agrees that the County, the State Auditor, or any oftheir duly authorized representatives at any time during
normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to
examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of Grantee and involve transactions relating to this Agreement. Such materials
shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and
for six (6) years after its termination or cancellation.
3. PA YMENT/DISBURSEMENT SCHEDULE
County will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the
County, submitted by Grantee and approved by the County. Payment requests can be submitted once per month and
must be accompanidl by supporting invoices that relate to activities in the approved Project budget. Subject to
verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the
County will disburse the requested amount to Grantee within six (6) weeks after receipt of a written disbursement
request.
4. REPORTING
Grantee shall submit to the County a report on the distribution of funds and the progress of the Project covered from
the date of the grant award through June 30 of each year. The reports must be received by the County no later than
July 25 of each year. The report shall identify specific goals listed in the application and quantitatively measure the
progress of such goals. Reporting forms will be provided by the County. In addition, the required documentation
listed in Exhibit A should be supplied as it becomes available.
5. CONTRACTS
~:1
Grantee shall include in any contract, provisions that require contractors to comply with all applicable State and
Federal laws and regulations regarding employment and workplace safety.
In accordance with Hennepin County's policies against discrimination, Grantee agrees that it shall not exclude any
person from full employment rights or participation in or the benefits of any program, service, or activity on the
grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status,
or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against
discrimination shall be otherwise subjected to discrimination.
Public Grantees and any contractors or subcontractors performing services as part ofthis Agreement shall follow
that public Grantee's Affirmative Action policy against discrimination.
6. TERMINATION, CANCELLA TlON AND ASSIGNMENT
This Agreement may be canceled by the County upon sixty (60) days written notice to Grantee without cause. In the
event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services
satisfactorily performed up to the effective date of such cancellation.
If the County finds that there has been a failure to comply with the provisions of this Agreement, that reasonable
progress has not been made toward commencement or completion of the assessment and/or clean-up activities
specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the
contrary and after written notice and reasonable opportunity to cure, the County may refuse to disburse additional
funds and/or require the return of all or part of the funds already disbursed, to the extent such funds were used for
purposes other than activities contemplated by this Agreement.
This Agreement may not be assigned without the prior written consent of the County.
7. INDEPENDENT CONTRACTOR
Grantee shall select the means, method, and manner of performing the activities herein. Nothing is intended or
should be construed in any manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting Grantee as the agent, representative, or employee of the County for any purpose or in any
manner whatsoever. Grantee is to be and shall remain an independent contractor with respect to all services and
activities performed under this Agreement. Any and all personnel of Grantee or other persons while engaged in the
performance of any work or services required by Grantee under this Agreement shall have no contractual
relationship with the County, and shall not be considered employees of the County. Any and all claims that mayor
might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel, arising out of employment or alleged employment including without
limitation, claims of discrimination against Grantee, its officers, agents, contractors, or employees shall in no way be
the responsibility o(the County. Grantee shall defend, indemnify and hold harmless the County, its officials,
officers, agents, and 'employees from any and all such claims irrespective of any determination of any pertinent
tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled
to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation,
tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re-employment Compensation,
disability, severance pay, and retirement benefits.
2
8. INDEMNIFICATION
Grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents and employees
from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable
attorney's fees, resulting directly or indirectly from any act or omission of Grantee, its contractors or subcontractors
or anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be
liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of
Grantee to perform fuIIy, in any respect, all obligations under this Agreement.
INSURANCE
In order to protect the County and those listed above under the indemnification provision, Grantee agrees at all times
during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be
kept in force, and to cause all contractors to do likewise, the following insurance coverages under either a purchased
insurance or self-insurance program:
I. Commercial General Liability on an occurrence basis with Contractual Liability Coverage:
Limits
General Aggregate _Statutory
Products-Completed Operations Aggregate _Statutory
Personal and Advertising Injury _Statutory
-Each Occurrence -
Combined Bodily Injury and Property Damage _Statutory
2.
Automobile Liability - Combined single limit each occurrence for
bodily injury and property damage covering owned, non-owned, and hired
automobiles.
.._-Statutory
3. Workers' Compensation and Employer's Liability:
a. Workers' Compensation
Ifthe contractor is based outside the State of Minnesota,
coverage must apply to Minnesota laws.
Statutory
b. Employer's Liability. Bodily Injury by:
Accident - Each accident
Disease - Policy Limit
Disease - Each Employee
-Statutory
-Statutory
-Statutory
4.
Professional Liability - Per Claim and Aggregate
_Statutory
The insurance must be maintained continuously until the termination of this Agreement.
Grantee shaII require that any independent contractors rendering assessment and/or clean-up activities under this
Agreement furnish certificates of insurance to Grantee of the insurance coverages listed above, and provide updated
certificates as coverages expire.
An umbrelIa or excess policy over primary liability coverages is an acceptable method to provide the required
insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to
determine the need for and to procure additional insurance which may be needed in connection with this Agreement.
Copies of policies sh'aII be submitted to the County upon written request.
Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which
clearly evidences required insurance coverages.
3
If Grantee fails to furnish proof coverages, if requested by the County, the County may withhold payments and/or
pursue any other rights or remedy allowed under the contract, law, equity, and/or statute.
10. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained herein and that this
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof.
All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement.
~',~
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing as an amendment to this Agreement signed by the parties hereto.
11. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and
construction of this Agreement and the legal relations between the parties and performance under it. The
appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of
Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
The Remainder Of This Page Was Intentionally Left Blank
4
COUNTY BOARD AUTHORIZATION
The Grantee, having signed this agreement, and the Hennepin County Board of Commissioners having duly
authorized this agreement on the _ day of ,2009, and pursuant to such approval, the proper County
officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth.
Reviewed by the County Attorney's
Office
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Assistant County Attorney
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
Date:
By:
Richard P. Johnson, County Administrator
Date:
By:
Assistant County Administrator, Public Works
Recommended for Approval
Date:
By:
Director, Department of Environmental Services
Date:
GRANTEE
Grantee certifies that the person who executed this Agreement
is authorized to do so on behalf of Grantee as required by
applicable articles, bylaws, resolutions or ordinances. *
Name: CITY OF GOLDEN VALLEY
By:
Linda R. Loomis
Mayor, City of Golden Valley
Date:
*GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the
signatory' s delegati~n of authority. This documentation shall be submitted at the time Grantee returns the Agreement to
the County. Documentation is not required for a sole proprietorship.
5
Exhibit A
City of Golden Valley
Proiect Summary:
The 0.7-acre project site is occupied by a gravel-covered parking lot and vacant land. The parking lot is
owned and used by the States Electric Manufacturing facility and the remaining vacant land is owned by
Union Pacific Railroad. The City of Golden Valley wishes to purchase an easement on the project site
:~q!ld develop a storm water pond on the north end ofthe property to protect the water quality of Twin
Lake. The storm water pond will treat run-off from a I3-acre sub-watershed occupied by commercial and
industrial development. The Bassett Creek Watershed Management Commission has funding to construct
the pond in 2009. An environmental assessment is needed to evaluate the project site for contamination
prior to pond construction.
City of Golden Valley requests ERF assistance for environmental assessment including a Phase I and II
Environmental Site Assessments (ESAs), development ofa Response Action Plan (RAP), MPCA
Voluntary Investigation and Cleanup (VIe) Program fees, and related consulting fees.
The following costs are based on a budget submitted by Grantee. Modifications must be approved in
writing by the County.
Approved Budget for Twin Lake Regional Storm Water Pond Project
Phase I and II ESAs, RAP development, MPCA VIC Program and consulting fees
Total:
$ 36.600
$ 36,600
Required Documentation to be Submitted to Hennepin County:
Phase I and II ESA Reports and RAP
MPCA Approval Letters
Consultant/Contractor/MPCA Invoices
Annual Project Progress/Summary Report(s).
A-I
Professional Consulting Services Agreement
For the City of Golden Valley Minnesota
This Professional Consulting Services Agreement ("Agreement") is made as of the _ day of
,2009, by and between Barr Engineering Company, a Minnesota corporation ("Barr"), and
the City of Golden Valley. Minnesota ("Client").
Recitals
1. Client has a need for professional consulting services and desires to retain Barr to provide certain
professional consulting services, all subject to the terms and conditions contained in this Agreement.
2. Barr is qualified to perform the desired professional consulting services and desires to provide such
services for Client, all subject to the terms and conditions contained in this Agreement.
Agreement
In consideration of the foregoing and the mutual promises contained in this Agreement, the parties agree as
follows:
Section 1: Service/Scope of Work
1.1 All professional services (" Services") provided by Barr under this Agreement shall be provided
pursuant to one or more written work orders signed by Client and Barr detailing the specific project to
be completed and Services to be provided (each a "Work Order"). Work Orders may be in the form of
a proposal by Barr, countersigned by Client or in the form of a proposal by Client countersigned by
Barr. The Services described in any Work Order may be modified from time to time with the mutual
approval of Client and Barr. Such modifications shall be summarized in a modified Work Order and
shall include equitable modifications to any maximum compensation limits or schedules applicable
thereto.
1.2 Within ten (10) days of Barr's receipt of a Client-initiated Work Order, Barr shall accept or reject, in
writing, such Work Order. Within ten (10) days of Client's receipt of a Barr-initiated Work Order,
Client shall accept or reject, in writing, such Work Order. If Barr accepts a Client-initiated Work
Order or if Client accepts a Barr-initiated Work Order, Barr shall begin work under the Work Order
and this Agreement as of the date specified in the Work Order. If Barr rejects a Client-initiated Work
Order or if Client rejects a Barr-initiated Work Order, Barr shall have no further liability with respect
to that Work Order.
Section 2: Term
This Agreement shall be in effect from the date of this Agreement and shall continue until terminated pursuant
to Section 6. The beginning and ending dates for any Services to be performed pursuant to a Work Order shall
be specified in the Work Order, and such beginning and ending dates shall be subject to the provisions of
Section 6.
Section 3: Compensation
3.1 Client shall compensate Barr for Services and other charges, expenses, and disbursements relating to
the Work Order according to the Fee Schedule in effect when Services.are performed. Unless there
are changes to the Services to be performed pursuant to a Work Order, the maximum compensation
payable by Client for the Services to be performed by Barr shall be as described in the Work Order.
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The assumptions that form the basis for this compensation limit ("Service Assumptions") shall be
described in the Work Order. Client agrees and acknowledges that the maximum compensation limit
shall be reviewed and adjusted as necessary to reflect any changes that may occur in any of the
Service Assumptions.
3.2 The current Fee Schedule is attached hereto. Barr reserves the right to change the Fee Schedule at any
time. Barr shall notify Client of changes in the Fee Schedule before such changes become effective
under this Agreement.
3.3 On approximately a monthly basis, Barr shall submit invoices to Client for Services performed and
expenses incurred pursuant to each active Work Order during the prior month. Such invoices shall
summarize the Services performed and all other charges and expenses covered by such invoice.
3.4 Client shall pay each invoice within thirty (30) days after submission of the invoice by Barr.
Payments not made within sixty (60) days of the date of the invoice shall bear interest from the date
ten (10) days after the date of the invoice at a rate equal to the lesser of eighteen percent (18%) per
annum or the highest rate allowed by applicable law.
3.5 Barr agrees to provide Client with supporting documentation for charges included in each invoice
upon request. Barr shall retain records and documents related to this Agreement and the Services
performed under any Work Order for three (3) years after the termination of any Work Order. The
same shall be available for examination by Client or its designee at reasonable times upon reasonable
advance notice.
3.6 Upon Client's written request at the time of receipt of payment, Barr shall execute and deliver a waiver
of lien rights covering Services performed under any Work Order for which payment has been, or is
being, made by Client.
Section 4: Barr's Obligations
4.1 Barr and its employees will comply with and will contractually require all subcontractors retained by
Barr to comply with, all statutes, ordinances, rules, regulations, and other laws applicable to its
performance of Services under any Work Order.
4.2 Barr will perform all Services under this Agreement in a manner consistent with the care and skill
ordinarily used by members of Barr's profession practicing under similar conditions at the same time
and general location.
4.3 To the extent the Services, or any part thereof, involve estimates of construction, operating or any
other costs, Barr agrees to make its best estimate of such costs, based on information made available
to Barr and Barr's experience and knowledge. Barr cannot guarantee the accuracy of any such
estimates, and, except where Barr has acted negligently, it shall not be liable to Client or any other
person for any loss or damage of any type based upon the use of, or reliance upon, such estimates.
4.4 Barr shall provide the Services in compliance with all reasonable health and safety rules of Client that
Client has made known to Barr. .
4.5 Barr agrees to secure all permits and licenses normally required in Barr's name for the performance of
the Services. Client shall cooperate with Barr in obtaining such permits and licenses as necessary.
The fees for such permits and licenses shall be reimbursable expenses under Section 3 of this
Agreement.
4.6 Barr reserves the right to engage any subcontractors it deems necessary to provide the Services. The
costs and other charges related to such subcontractors shall be payable by Client as provided in
Section 3 of this Agreement and Fee Schedule. At Client's written request, Client shall have the right
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to approve any subcontractor that Barr proposes to use in connection with Services under this
Agreement, but such approval shall not be unreasonably withheld.
4.7 Barr shall appoint a "Barr Representative" to coordinate provision of the Services on any Work Order
with Client or Client's Representative. Barr's Representative shall be authorized to act on Barr's
behalf and to bind Barr and shall be available at reasonable times during the term of the Work Order
to coordinate provision of the Services, answer Client's questions, and respond to Client's problems or
complaints. Barr reserves the right to change the Barr Representative on any Work Order upon
written notice to Client. The Barr Representative shall be designated in the Work Order.
4.8 Except with respect to subcontractors retained by Barr, Barr shall not, as a part of the Services for any
Work Order or in connection with visits to and observations at a work site, supervise, direct, or
control any contractor's work, nor shall Barr have authority over or responsibility for the means,
methods, techniques, sequences, or procedures selected by contractors, for safety precautions and
programs incident to the work of such contractors, or for any failure of such contractors to comply
with laws, rules, regulations, ordinances, codes, orders, or client safety rules applicable to furnishing
and performing work related to, or in connection with, the Services. Accordingly, Bart does not
guarantee the performance of any contractor nor shall Barr have any responsibility for the failure of
any contractor, other than a subcontractor retained by Barr, to furnish and/or perform work in
accordance with any Documents (as defined in Section 9.1) provided by Barr or any other documents,
plans, or specifications applicable thereto.
Section 5: Client's Obligations
5.1 Client shall promptly provide and fully disclose to Barr all information in its possession or known to it
from time to time that is pertinent to the Services to be performed by Barr under a Work Order. This
shall include but not be limited to budgeting and scheduling requirements or limitations and Client's
preferred procurement approach, if any. Client shall provide to Barr prompt updates regarding any
changes to any of the foregoing~ Barr shall be entitled to rely on such information and to use the same
in performing Services under a Work Order. Client shall assist Barr, as reasonably required, in
securing any other information Barr deems necessary for providing Services under a Work Order.
5.2 Client shall arrange and pay for access to property, including public property and property owned by
third parties, as required for Barr to provide the Services required by a Work Order.
5.3 Client shall promptly notify Barr whenever Client becomes aware of any development that affects the
scope or timing of Barr's performance of Services under a Work Order or any defect in, or
nonconformance of, any Services provided under a Work Order.
5.4 Client shall appoint a "Client Representative" to coordinate provision of the Services with Barr or
Barr's Representative on each Work Order. The Client Representative shall be authorized to act on
Client's behalf and to bind Client and shall be available at reasonable times during the term of the
Work Order to coordinate provision of the Services, answer Barr's questions, and respond to Barr's
problems or complaints. Client reserves the right to change the Client Representative upon written
notice to Barr. The Client Representative shall be designated in the Work Order.
5.5 Client shall notify any other scientific investigation, design or construction management professional
retained by Client of the terms and conditions of this Agreement and the Work Order and shall instruct
such other professionals to cooperate with Barr as necessary to permit Barr to perform the Services
described in the Work Order in a timely and professional manner. Client shall further require that any
other professionals retained by Client authorize a representative to act on its behalf in dealing with
Barr regarding Barr's Services under a Work Order.
Section 6: Termination
6.1 Either party' shall have the right to terminate this Agreement or a Work Order in the event of a
material breach by the other party that is not corrected within ten (10) days after written notice
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thereof. Client's failure to pay Barr's invoices within the time prescribed hereunder shall be deemed a
material breach.
6.2 The Client shall be entitled to terminate this Agreement or a Work Order, with or without cause, upon
ten (10) days advance written notice to Barr. If so requested by Client, Barr shall cease performing
Services under a Work Order as soon as practical after receipt of Client's notice of termination.
Except as provided above, both parties shall continue to perform their respective obligations during
the period prior to termination.
6.3 Barr shall be entitled to terminate this Agreement or a Work Order, with or without cause, upon thirty
(30) days advance written notice to Client. If so requested by Client, Barr shall cease performing
Services under a Work Order as soon as practical after Client's receipt of Barr's notice of termination.
Except as provided above, both parties shall continue to perform their respective obligations during
the period prior to termination.
6.4 Termination pursuant to this Section 6 shall not release Client from its obligation to pay for Services
provided or expenses incurred through the date of termination and Barr's reasonable time and expenses
involved in the termination and its disengagement. Termination shall not release Barr or Client from
its obligations under Section 8 of this Agreement.
Section 7: Insurance
7.1 During the term of this Agreement, Barr shall procure and maintain the types of insurance and policy
limits set forth in Section 7.2. Barr shall provide Client with evidence of such insurance coverage.
7.2 The insurance coverages and policy limits required by Section 7.1 are as follows:
a. Worker's Compensation:
Statutory
b. Employer's Liability:
$500,000 Each Accident
$500,000 Disease (Policy Limit)
$500,000 Disease (Employee Limit)
c. Comprehensive General
Liability:
$1,000,000 Each Occurrence
$2,000,000 Aggregate
Combined single limit bodily injury
and property damage
d. Automobile Liability:
$1,000,000 Combined single limit
bodily injury and property damage
e. Professional Liability:
(As long as available
under reasonable terms,
conditions, and cost)
$5,000,000 Each Claim
$5,000,000 Annual Aggregate
f. Umbrella Excess Liability
$10,000,000 Each Occurrence
$10,000,000 Aggregate
7.3 Barr's commercial general liability policy shall include the interests of Client by naming the Client as
an additional insured with respect to any claim arising from Barr's Services under this Agreement.
Section 8: Liability and Indemnification
8.1 Barr shall indemnify and hold harmless Client and Client's officers, directors, partners, employees,
and agents from and against any and all claims, costs, losses, and damages for death, personal injury,
or damage to property (including, but not limited to, fees and charges of attorneys and other
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professionals and court or arbitration or other dispute resolution costs) to the comparative extent the
same have been proximately caused by the negligent acts or omissions or willful misconduct of Barr
or Barr's officers, directors, partners, employees, agents, or subcontractors in the performance and
furnishing of Services under this Agreement.
8.2 Client shall indemnify and hold harmless Barr and Barr's officers, directors, partners, employees,
agents, and subcontractors from and against any and all claims, costs, losses, and damages for death,
personal injury, or damage to property (including, but not limited to, fees and charges of attorneys and
other professionals and court or arbitration or other dispute resolution costs) to the comparative extent
the same have been proximately caused by the negligent acts or omissions or willful misconduct of
Client or Client's officers, directors, partners, employees, agents, or Client's other advisors, other
parties contracting with you on the same project, and other persons for whom the Client is legally
responsible.
8.3 In providing Services under this Agreement, Barr makes no warranty as to the quality or safety of any
of the goods, parts, or equipment used or provided in connection with a Work Order. BARR
EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BARR SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OF ANY PERSON OR
ENTITY ARISING FROM OR IN CONNECTION WITH GOODS, PARTS, OR EQUIPMENT USED
OR PROVIDED IN CONNECTION WITH THIS AGREEMENT. Client agrees to rely solely on any
warranties provided by the manufacturers of the goods, parts, or equipment used or provided in
connection with this Agreement. Barr, at Client's expense, agrees to cooperate with Client in pursuing
rights under any such warranties.
8.4 [Not Used.]
8.5 In addition to the indemnity provided under Section 8.2 of this Agreement, and notwithstanding any
other provision hereof, and to the fullest extent permitted by law, Client shall indemnify and hold
harmless Barr and its officers, directors, partners, employees, agents, and subcontractors from and
against all claims, costs, losses, and damages (including, but not limited to, all fees and charges of
attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused
by, arising out of or relating to the presence, discharge, release, escape, migration, leaching,
transmission, handling, treatment, disposal, or emission of asbestos, PCBs, petroleum derivatives,
hazardous substances, hazardous wastes, pollutants, contaminants, or radioactive material which are in
any way connected with existing conditions or the aggravation of existing conditions, except to the
comparative extent that the same have been proximately caused by Barr's gross negligence or willful
misconduct.
8.6 For you to obtain the benefit of a fee which includes reasonable allowance for risks, except for
indemnity provided in Section 8.1 of this agreement, you agree that our aggregate liability will not
exceed the proceeds of our insurance, as required under Section 7.
Section 9: Ownership of Work Products
9.1 All written and electronic documents, including without limitation materials, drawings, designs, data,
and records developed or produced or obtained in connection with the Services ("Documents") for a
Work Order, are owned by Client. Barr shall retain the rights to use all ideas and design concepts
incorporated in the Documents.
9.2 The foregoing notwithstanding, Client shall be entitled to obtain for its files a copy of all Documents
and all other information related thereto, including any information or material furnished to Barr by
any third parties
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9.3 Client acknowledges that the Documents were developed or produced for a specific purpose or
purposes. Client agrees not to use the Documents for purposes other than the original purpose or
purposes for which the Documents were intended. Barr shall have no responsibility with respect to
Client's use of any of the Documents or the information contained therein other than as specifically
contemplated by this Agreement.
9.4 All soil borings, wells, or other data collection or monitoring devices placed by Barr or its
subcontractors shall be the property of Client, and Client shall be responsible for maintaining the
wells or other monitoring devices as long as the devices are necessary for their intended or subsequent
purposes. Client shall be responsible for properly abandoning the wells or other devices when they
are no longer needed.
Section 10: Confidentiality
10.1 If requested by the Client in writing, the Documents and information contained therein that identifies
Client or is specific to the Client's situation relative to the Services provided pursuant to a Work Order
("Client Information") shall be maintained by Barr in confidence and shall not be disclosed to any
person or entity for any reason except as necessary to provide the Services or as provided in
Section 10.2. The limitations contained in this Section 10 shall not apply to:
a. Information in the public domain at the time of disclosure;
b. Information which becomes part of the public domain after disclosure through no fault of Barr;
c. Information known by Barr prior to the date of this Agreement; or
d. Information supplied to Barr by a third party.
Moreover, notwithstanding the foregoing, Barr shall retain the rights of ownership in, and the right to
use, all ideas and design concepts involved in the Services performed by Barr under a Work Order
pursuant to this Agreement.
10.2 Barr shall be entitled to disclose the Documents or client information to governmental authorities to
the extent Barr reasonably believes it has a legal obligation to make such disclosures, and to the extent
Barr reasonably deems to be necessary. If Barr believes that any such disclosure is required by law, it
shall provide advance notice to Client to provide Client with a reasonable opportunity to attempt to
obtain an injunction or other protective order preventing such disclosure.
Section 11: Force Majeure
Notwithstanding any other provision of this Agreement, Barr shall not be in breach of this Agreement nor shall
it be liable to Client for any losses or damages of any type, including, without limitation, consequential or
incidental damages or damages for lost profits, arising from delays or changes in the Services due to any act or
neglect of the Client or its employees, or any fire, labor disputes, unusual delays in transportation, flood or
other adverse weather conditions not reasonably foreseeable, unavoidable casualties, or any other causes
beyond Barr's reasonable control.
Section 12: Nondiscrimination
Barr shall not discriminate against any employee or applicant for employment because of race, color, creed,
ancestry, religion, sex, age, marital status, affectional preference, disability, national origin, status with regard
to public assistance, or status as a specially disabled, Vietnam-era, or other eligible veteran. Barr shall take
affirmative action to ensure that applicants are considered and employees are treated during their employment
without regard to their race, color, religion, sex, age, or national origin. Such actions shall include, but not be
limited to, the following: hiring, promotion or employment upgrading, demotion, transfer, recruitment or
recruitment advertising, layoffs or terminations, rates of pay and other forms of compensation, selection of
training or apprenticeship, and placing in conspicuous places, available to employees and applicants for
employment, notices setting for the provisions of this nondiscrimination clause.
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Section 13: Notices
All notices, requests, demands, and other communications that are permitted or required by this Agreement
shall be given to the party's Representative appointed in accordance with this Agreement. If any such notice,
request, demand, or other communication is required to be in writing, it shall be addressed to the other party's
Representative appointed in accordance with this Agreement. If delivered personally, it shall be deemed to
have been duly given on the date of delivery. If delivered by mail, the same shall be delivered, postage
prepaid, to the address set forth below or to such other address as such party shall have directed by written
notice. In the case of notice given by mail, such notice shall be deemed given three (3) business days after
mailing.
To Client, at: City of Golden Valley
7800 Golden Valley Road
Golden Valley. MN 55427-4588
Attn: Client Representative
Designated on Work Order
To Barr, at: Barr Engineering Company
4700 W. 77th St.
Minneapolis, MN 55435-4803
Attn: Barr Representatiye
Designated on Work Order
Section 14: Assignment
Neither Barr nor Client shall be permitted to assign or transfer in any manner, this Agreement, or any portion
thereof, or any of the rights or obligations hereunder, without the written consent of the other party, and any
such attempt to assign or transfer shall be void and of no effect.
Section 15: Governing Law
This Agreement and all related documents shall be governed, enforced, and construed in accordance with the
laws of the State of Minnesota.
Section 16: Miscellaneous
16.1 Headings and captions used in this Agreement are for convenience only and shall not affect the
meaning or interpretation of this Agreement, or any provision hereof.
16.2 This Agreement, including any Attachments or exhibits hereto, constitutes the entire and exclusive
agreement of the parties and supersedes any prior agreements, whether oral or written, concerning the
subject matter hereof.
16.3 Barr agrees that it is providing services under this Agreement as an independent contractor, and
individuals employed or engaged by Barr shall not be considered employees of Client for any purpose.
16.4 No waiver by Barr or Client of any condition or breach of any term, covenant, representation, or
warranty cont~ined in this Agreement or any document referred to herein shall, whether by conduct or
otherwise, be construed as a waiver or release of any other term, covenant, condition, or warranty.
16.5 This Agreement may be amended only in a written agreement signed by Barr and Client.
16.6 Except a~explicitly set forth in Section 8, nothing in or under this Agreement shall be construed to
give any rights or benefits of this Agreement to anyone other than Client or Barr, and all duties and
responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of
Client and Barr and not for the benefit of any other party.
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16.7 The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the remainder
thereof, and the remainder shall be construed as if the invalidated portion shall have never been part of
this Agreement.
CLIENT:
Citv of Golden Valley
By
Its
BARR:
Barr Engineering Company
By
Its
W:\Business Units\AR\Proposals\2009\9013 City of Golden Valley Twin Lake Regional\Golden Valley Professional Services Agreement.doc Page 8
July 9, 2008 Version
Work Order No. 2009-1
Applicable to Agreement Dated
,2009
Between
Barr Engineering Co. (Barr)
4700 W. 77th Street
Minneapolis, MN 55435-4803
City of Golden Valley (Client)
7800 Golden Valley Road
Golden Valley, MN 55427-4588
Designated Representative:
Dan Fetter
Designated Representative:
Jeannine Clancy
I. Services to be Furnished Under This Work Order and Associated Assumptions
The purpose of this Work Order is to define the scope of services Barr will complete to address the assessment,
investigation, and response action plan (RAP) activities outlined in the October 2008 Environmental Response Fund
(ERF) Grant Application for the Twin Lakes Regional Stormwater Pond (herein referred to as the Site). It is our
understanding that the extent of the Site is as shown in the attached Figure 1; all document requests and other work
will be based on the extents depicted. The responsibilities of Barr contained in the following subsections are
expressly subject to the limitations contained in the Agreement. The following subsections discuss the project
activities and associated assumptions by task.
A. Phase I Environmental Site Assessment
The first service to be provided by Barr is completion of a Phase I Environmental Site Assessment
(Assessment) for the Site. The Assessment will be conducted in accordance with Barr and industry
standards, which are described in Attachments 1 and 2.
B. Phase II Investigation
1) Work Plan, PHASP, and Contracting
If, at the completion of the Assessment, it is jointly determined by Barr and the Client that a Phase II
Investigation is warranted to address potential concerns identified during the Assessment, a brief Work
Plan and Project Health and Safety Plan (PHASP) will be compiled for a Phase II Investigation. The
Work Plan will describe the anticipated work, a figure of proposed investigation locations, and a
summary.(text or table) of the anticipated analytical sampling scheme and rationale. The Work Plan
will be provided to the Client for review and approval. The investigation will be performed within the
Site extents as depicted on Figure 1. Client will coordinate safe access to the Site to complete the
investigation.
2) field Work and Analytical Testing
Direct-push drilling or test trenching will be used to complete the investigation, depending on the
results of the Assessment and with approval of the Client. The Field Work and Analytical Testing
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services are bound by the estimated cost provided below in Section II. Barr will define a scope of field
work and analytical parameters to fit within the estimated costs in Section II.
As the Assessment has not been completed to identify areas recommended for investigation (if any),
Barr does not guarantee that all areas of the Site or extent of contamination (if identified) will be able
to be investigated under the terms of this Work Order. Should the budget for field work and analytical
testing fall short of what may be recommended for investigation, Barr will identify these limitations
investigation and areas that may require further assessment. It is assumed the field work will be
performed during daylight hours on business days and that standard turn-around time for analytical
services is acceptable (approximately 3-4 weeks).
C. Phase II Investigation Report and RAP Preparation
Upon complete of investigation work and receipt of the analytical results, a combined Phase II
Investigation Report and Response Action Plan (RAP), if needed based on the results of the Phase II, will
be completed for the Site. Analytical results will be compared to MPCA's Voluntary Investigation and
Cleanup (VIC) Program regulatory criteria. Based on that comparison, Barr shall develop and prepare a
RAP to address identified contamination during pond construction. Should more than one option for
response actions be determined, Barr will confer with the Client over the telephone to select the preferred
approach. The RAP shall be submitted to the Client for approval. The Phase II Investigation Report and
RAP will be compiled in draft form and provided electronically for the Client to review.
D. Regulatory Program Coordination and Oversight
Barr will assist Client with enrolling the Site into the MPCA's VIC Program. It is assumed that two
meetings with the MPCA may be needed during the work.
II. Maximum Compensation
The following table describes the estimated costs associated with each task described above in the scope of services.
Assumptions associated with these costs are included in the above text from Section I and in Attachment 1.
Task
A
B 1
B 2
C
D
Amount
$ 3,500
$ 4,800
$ 9,800
$13.500
$ 5,000
$36,600
III. Schedule and Assumptions Upon Which Schedule is Based
Barr will complete this work order under two separate Notice to Proceeds from the Client. The Task A (Phase I
Environmental Site Assessment) will be completed under the first Notice to Proceed (NTP), and Tasks B, C, and D
will be completed under a second NTP.
Upon receipt of this signed Work Order and the first NTP from Client, the Assessment (Task A) can be completed
within three weeks.
Upon completionof the Assessment and the second NTP from Client, the Phase II Investigation Work Plan,
PHASP, and Contracts (Task BI) can be completed within two weeks, with implementation of the investigation
(Task B2) within two weeks of your approval of the Work Plan (providing subcontractor availability and Site access
within in that time).
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Task C, investigation and RAP preparation, will be completed within 2-3 weeks of the receipt of the analytical data.
Turn-around for analytical data is typically 3-4 weeks. Based on these assumptions, the total project schedule for
assessment, investigation, and reporting is approximately 3 months. An additional 1-2 months ofVIC Program
review and approval (Task D) is estimated following completion of the other tasks.
IV. Acceptance of Terms and Project Staff
If the terms of the Work Order are acceptable, please sign and return a copy to Barr. Your project contact for the
duration of the work will be the project Principal, Dan Fetter, with project management services being provided by
Mary Finch under his supervision. Please contact Dan at 952-832-2741 or Mary at 952-832-2812 with any
questions or concerns.
ACCEPTED AND AGREED TO:
BARRENGThffiEIDNGCOMPANY
CITY OF GOLDEN V ALLEY
By:
By:
Title:
Title:
Date:
Date:
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March 10, 2000 Version
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Attachment 1
Service Delivery Assumptions
Phase I Environmental Site Assessment
· The Assessment will be performed in a manner consistent with the American Society for Testing and
Materials, ASTM E 152705, Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process (the "Practice"). The Assessment Report will describe significant
deviations from the Practice.
· The Assessment will use the results derived from the exercise of the Practice, together with our
professional judgment, to provide our opinion as to whether evidence exists indicating the presence of
recognized environmental conditions on the Site.
· The Practice requires that the "User" of the Assessment provide at least the information described in the
questionnaire included as Attachment 2 to this Work Order. It is assumed that the Client is the only User of
the Assessment. Please complete the questionnaire in Attachment 2 and return it with this signed Work
Order.
· The Assessment Report will be prepared for the exclusive use of the Users; no others may rely on the
Assessment Report without Barr's written permission. In the event that you request a reliance letter from
Barr for another party, Barr will charge on a time-and-expenses basis for that letter.
· Barr will perform its work in a manner consistent with the care and skill ordinarily exercised by members
of the environmental profession in the same community under similar budget and time constraints. Within
this context, Barr will assume responsibility for its own observations, along with its interpretation of the
information gathered. No other warranty is made or intended.
· Because Barr is not retained to verify information, Barr will assume no responsibility for the accuracy of
information obtained from other sources, including without limitation, regulatory and government agencies,
persons knowledgeable about the Site, vendors of public data, and prior reports on the Site or other
properties identified in the Assessment. Performance of the Practice is intended to reduce, but will not
eliminate uncertainty regarding the presence of recognized environmental conditions on the Site. To the
extent that Barr does not identify recognized environmental conditions on the Site, Barr's opinions in the
Assessment Report are not representations that the Site is free of such conditions. Under no circumstances
can Barr represent or warrant that hazardous materials or petroleum products do not exist on the Site.The
client, and,Barr as its agent, has permission to access the Site and its structures.
· The client or a designated qualified person(s) will provide Barr staff with any special safety or other special
facility access instructions and provide Barr staff safe means for accessing the Site and its features for the
purpose of conducting the Site inspection visit.
· The Site inspection visit will take no more than one day to complete (including travel time to and from
Barr's office and the Site).
· Barr will gather, to the extent materials are reasonably ascertainable and pertinent, appropriate historical
information regarding the project area. Materials reviewed may include:
Historical maps and historical aerial photographs (for approximate five-year intervals)
City directory information
W:\Business UnitsIARIProposals\200919013 City of Golden Valley Twin Lake RegionallBarrClienl_ WorkOrder_2009-I.doc
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Supplemental historical documents, such as, company records (if provided), building permit, tax
assessor, or fIre department files.
>r(
· Interviews of up to 3 knowledgeable persons familiar with the Site (City representative for the Site and two
adjacent property representatives) will be conducted over the telephone or during the Site inspection visit.
The client will designate the appropriate interviewees and Barr will make up to three attempts to contact
and perform the interviews with the interviewees during regular business hours.
· Barr will complete pertinent interviews of appropriate and reasonably ascertainable government officials
for information on Site utilities and zoning. Barr will make up to three attempts to contact and perform the
interviews with the interviewees during regular business hours.
· It is assumed that there are no previous investigation reports for the Site.
· A title search (summarizing past ownership, leases, land contracts, liens and other encumbrances) will be
provided to Barr by the User as per the Practice for incorporation into the Assessment Report. If a title
search is not provided, Barr will consider this as a data gap. Unless the detailed history of ownership for the
Site can be determined from the interviews and the historical information search, this data gap may be
significant if so concluded by the Environmental Professional (EP). If requested, Barr can obtain and
complete a review of the chain-of-title information or deed documents as an additional scope item and cost.
· Barr, through use of a standard database vendor, will obtain and review regulatory database information in
accordance with the Practice. Barr will review regulator files at the MPCA for the nearby States Electric
Manufacturing Co and select reports from Barr's project files on the adjacent redevelopment site (Former
White House Restaurant VIC site). Barr will not review any additional regulator files (except for
information available on the internet) without additional authorization, which will include additional
charges.
· The scope of the Assessment will not involve the collection and analysis of any type of samples. The scope
of the Assessment will not involve completion of any surveys or the offering of any opinions Or advice with
respect to structural engineering matters, asbestos-containing materials, radon, lead-based paint, lead in
drinking water, wetlands, compliance with environmental regulations, cultural and historic resources,
industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality (e.g.,
vapor intrusion), biological agents, mold, or other conditions that are beyond the scope of the Practice. If
requested by you, Barr can expand the scope and cost of the Assessment to include any of these items that
may be a potential concern to you. Any work related to these non-scope items will be the subject of a
reportlletter separate from the Assessment Report or included in the Additional Services section of the
Assessment Report.
· The scope of the Assessment will involve verbal recommendations regarding Phase II assessment activities.
Opinions regarding "Additional Investigations" (ASTM 1527-05 Sec 12.6.1) and business environmental
risks (ASTM 1527-05 Sec 3.2.11) will be discussed with the client before being incorporated into the
Assessment Report.
· One Assessment Report will be completed for the Site. The Assessment Report will consist of the
following:
o ifhe findings, opinions, and conclusions of the Assessment.
o Site location map(s) and layout map(s) with current conditions and, if appropriate, past uses.
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o A Phase I documentation section (to be included as an appendix), which describes the Site setting,
utility information, land-use history, regulatory history, and current Site conditions and features.
o Other appendices for historical documentation, regulatory report information, interview results,
Site inspection photographs, and limitations/qualifications.
· The client's authorized representative will provide review comments on the Assessment Report within 1-3
days of receipt of Barr's review electronic copy. The revisions to the Assessment Report will require
minimal work to complete.
· One final copy of the 3-ring bound Assessment Report will be produced for the client; extra copies can be
provided for additional cost. Different report formats or bindings can be provided if desired (some formats
may require additional cost).
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alley
M mo dum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
3. K. Authorize Repair of Wesley Park Shelter Building
Prepared By
Jeannine Clancy, Director of Public Works
Summary
On June 8,2009, the Wesley Park Shelter sustained fire damage due to vandalism. Damage
to the building includes areas to the flat built up roofing, areas of the sloped metal roofing,
siding, soffits and fascia, scorched brick, metal doors and other metal components.
Furthermore, a bituminous pad around the building was also damaged.
In order to protect the building from further deterioration, it is in the best interest of the City to
work quickly to retain the necessary construction professionals to complete the needed
repairs to the structure. The League of Minnesota Cities Insurance Trust (LMCIT) has
undertaken the required damage assessment. The City desires that the building be repaired
so that it can be fully utilized.
Minnesota Statutes 471.345 subd.4 allows cities to directly negotiate contracts after obtaining
two or more quotes. Staff is in the process of obtaining bids at this time and is seeking
authorization from the Mayor and Manager to approve contracts for the repair of the structure
in an amount not to exceed $35,000. This will be funded by the Building Replacement Fund.
Attachments
Pictures of Wesley Park Shelter, June 11, 2009 (3 pages, loose in agenda packet)
Recommended Action
Motion to authorize the Mayor and Manager to sign contracts in an amount not to exceed
$35,000 for the repair of Wesley Park Shelter building.
M oradum
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
4. A. 2008 NPDES Phase II, Storm Water Pollution Prevention Plan (SWPPP), Annual Report
to the Minnesota Pollution Control Agency
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
The City of Golden Valley is included in a group of communities with populations greater than
10,000 that are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit
by the U.S. Environmental Protection Agency for managing nonpoint source storm water.
Nonpoint source storm water is generally the overland flow of storm water that does not
originate from a single pipe.
The Phase" National Pollution and Discharge Elimination System (NPDES) permitting
process required cities such as Golden Valley to file a Phase II NPDES permit with the
Minnesota Pollution Control Agency (MPCA) by March 10, 2003. The permit application
addressed how the City regulates and improves storm water discharges, and includes a
Storm Water Pollution Prevention Plan (SWPPP) addressing all the requirements of the
permit. The current permit is scheduled to expire in 2011.
Golden Valley's SWPPP addresses the six minimum control measures outlined in the permit
requirements. Many of the Best Management Practices, required in the NPDES permit, have
already been developed in accordance with the City's Surface Water Management Plan. The
six minimum control measures of the permit are:
1. Public Outreach and Education,
2. Public Involvement and Participation,
3. Illicit Discharge, Detection and Elimination,
4. Construction Site Runoff Control,
5. Post Construction Runoff Control, and
6. Pollution Prevention and Good Housekeeping.
An annual public meeting and preparation of a report is a requirement of the NPDES permit.
The meeting has been advertised for June 16, 2009 at 7 pm. The City must create a record of
the public comments received, either written or oral. The public input must be considered and
a record of decision must be added to the annual report.
Attachments
Minimum Control Measure Summary (5 pages)
Resolution Issuing a Negative Declaration of Need for Revisions to the Storm Water Pollution
Prevention Plan (1 page)
Recommendation
Motion to adopt the Resolution Issuing a Negative Declaration of Need for Revisions to the
Storm Water Pollution Prevention Plan.
Minimum Control Measure Summary
(2008 Update)
This section summarizes the existing and planned Best Management Practices (BMP) selected by
the City of Golden Valley.
1. Public Education and Outreach
(B6~p J.D. #S - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0.# BMP Description BMP BMP Manager Date
1.A.1 Develop a Storm Water Communications X Communication Active
Plan Coordinator
1.A.2 Website - Water Resource Education and X Communication Active
Information Coordinator
1.A.3 Water Resource Educational Materials X Communication Active
Coordinator
1.A.4 New Resident Packets X Communication Active
Coordinator
1.A.5 Local Cable TV Scroll Education X Communication Active
Coordinator
1.A.6 City Newsletter X Communication Active
Coordinator
2.8 Conduct Annual Public Meeting X Environmental Active
Coordinator
2.D.1 Volunteer Storm Drain Stenciling Program X Environmental Active
Coordinator
2.D.2 Adopt a Storm Drain Program X Environmental Active
Coordinator
Environmental
3.D Inform Public of Hazards Associated with X Coordinator, 2009
Illicit Discharges Chief of Fire &
Inspections
Park
6.A.1 Park Maintenance Staff Training X Maintenance Active
Supervisor
StreeWehicle
6.A.2 Vehicle Maintenance Staff Training X Maintenance Active
Supervisor
New Construction and Land Disturbance Public Works
6.A.3 X Maintenance Active
Maintenance Staff Training Manaaer
Utilities
6.A.4 Storm Sewer Maintenance Staff Training X Maintenance Active
Supervisor
G:\NPDES PHASE l!\Annual Reports\2008\Minimum Control Measure Summary 2008.doc
Page I
2. Public Involvement and Participation
(BOLD 1.0. #S - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0.# BMP Description BMP BMP Manager Date
2.A Public Notice Requirements for SWPPP X Environmental Active
Coordinator
2.B Conduct Annual Public Meeting X Environmental Active
Coordinator
, ~',
2.C Consider Public Input Regarding SWPPP X Environmental Active
Coordinator
2.0.1 Volunteer Storm Drain Stenciling Program X Environmental Active
Coordinator
2.0.2 Adopt a Storm Drain Program X Environmental Active
Coordinator
2.0.3 BCWMC Public Meetings X Environmental Active
Coordinator
2.0.4 Environmental Commission X Environmental Active
Coordinator
3. Illicit Discharge, Detection and Elimination
(BOLD 1.0. #s - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0.# BMP Description BMP BMP Manager Date
3.A.1 Storm Sewer System Map X City Engineer Active
3.A.2 Bassett Creek Inventory (outfalls, culverts, X Environmental Active
significant erosion sites and obstructions) Coordinator
Environmental
3.B Develop Regulatory Mechanisms X Coordinator, 2007
Prohibiting Non-Storm Water Discharges Chief of Fire &
Inspections
3.C.1 Program to Detect and Address Illicit X Chief of Fire & 2009
Connections Inspections
3.C.2 Program to Detect and Address Illegal X Environmental 2009
Dumping Coordinator
Environmental
3.0 Inform Public of Hazards Associated with X Coordinator, 2009
Illicit Discharges Chief of Fire &
Inspections
G:\NPDES PHASE l!\Annual Reports\2008\Minimum Control Measure Summary 2008.doc
Page 2
4. Construction Site Runoff Control
(BOLD 1.0. #S - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0.# BMP Description BMP BMP Manager Date
4.A.B Review and Revise Existing Grading, X Environmental Active
Drainage, and Erosion Control Ordinance Coordinator
Construction Site Waste Disposal and PW Project
4.C X Coordinator, Active
Debris Storage Chief of Fire &
<:. Inspections
4.0 Procedure for Site Plan Review Process X Planning Active
Director
Environmental
4.E Procedure for Non-Compliance Complaints X Coordinator, Active
and Reports Chief of Fire &
Inspections
4.F Procedure for Site Inspection and X Environmental Active
Enforcement Coordinator
4.A.B Grading, Drainage and Erosion Control X Environmental Active
Brochure Coordinator
5. Post Construction Runoff Control
(BOLD 1.0. #S - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0. # BMP Description BMP BMP Manager Date
5.A Watershed BMP Requirements for X City Engineer Active
Improvement and Development Proposals
5.B.1 Watershed Regulatory Mechanisms for X Environmental Active
Post-Construction Runoff Coordinator
5.B.2 Ordinance limiting the Use of Phosphorus X Environmental Active
Coordinator
Tree Preservation Ordinance X Environmental Active
5.B.3 Coordinator
5.C BMP Maintenance Agreements X Environmental Active
Coordinator
G:\NPDES PHASE lI\Annual Reports\2008\Minimum Control Measure Summary 2008.doc
Page 3
6. Pollution Prevention and Good Housekeeping
(BOLD 1.0. #S - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0.# BMP Description BMP BMP Manager Date
Parks & Golf
6.A.1 Park/Golf Maintenance Staff Training X Maintenance Active
Supervisor
StreeWehicle
6.A.2 Vehicle Maintenance Staff Training X Maintenance Active
Supervisor
New Construction and Land Disturbance Public Works
;~.A.3 Maintenance Staff Training X Maintenance Active
Manager
Utilities
6.A.4 Storm Sewer Maintenance Staff Training X Maintenance Active
Supervisor
StreeWehicle
6.B.1A Automobile Maintenance Program X Maintenance Active
Supervisor
StreeWehicle
6.B.1B Parking Lot and Street Cleaning X Maintenance Active
Supervisor
Utilities
6.B.1C Storm Drain System Cleaning X Maintenance Active
Supervisor
6.B.1D Hazardous Materials Management X Chief of Fire & Active
Inspections
Public Works
6.B.1E Road Salt Storage and Handling X Maintenance Active
Manager
Vehicle
6.B.1F Used Oil Recycling X Maintenance Active
Foreman
6.B.1G Develop a Spill Response Plan X Chief of Fire & 2008
Inspections
Inspect Annually All Structural Pollution Public Works
6.B.2 X Maintenance Active
Controls Manager
6.B.3 Inspect Annually 20% of Outfalls, Basins, X City Engineer Active
Ponds
Exposed Stockpile, Storage and Material Public Works
6.B.4 X Maintenance 2006
Handling Areas Manager
6.B.5 Determine Need for Repair of Outfalls, X City Engineer Active
Basins, Ponds
6.B.6 Inspection Annual Report X City Engineer Active
6.B.7 Establish Record Keeping System to Track X Environmental Active
Activities Coordinator
1.A.1 Develop a Storm Water Communications X Communication Active
Plan Coordinator
1.A.2 Website - Water Resource Education and X Communication Active
Information Coordinator
1.A.3 Water Resource Educational Materials X Communication Active
Coordinator
G:\NPDES PHASE lI\Annual Reports\2008\Minimum Control Measure Summary 2008.doc
Page 4
7. Additional BMPs
(BOLD 1.0. #s - Minimum Permit Requirements)
Existing Planned Responsible Implement
1.0.# BMP Description BMP BMP Manager Date
IX.A Discharge Affecting Source Water X Environmental 2009
Protection Areas Coordinator
G:\NPDES PHASE lI\Annual Reports\2008\Minimum Control Measure Summary 2008.doc
Page 5
Resolution 09-38
June 16, 2009
Member introduced the following resolution and moved its adoption:
RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED
FOR REVISIONS TO THE STORM WATER POLLUTION PREVENTION PLAN
WHEREAS, the City prepared and submitted to the Minnesota Pollution Control
Agency (MPCA) its permit application for operation of the City's Municipal Separate Storm
Sewer (MS4) on March 10,2003; and,
WHEREAS, the permit required that the City develop a plan for regulating and
improving storm water discharge commonly referred to as the Storm Water Pollution
Prevention Plan (SWPPP); and,
WHEREAS, staff has been working to meet the objectives set forth in the SWPPP
and is required to report to the MPCA on the status of the plan's implementation on an
annual basis; and,
WHEREAS, the City has placed notification of a public hearing in the City's official
newspaper and has held a public hearing to report on progress made in implementation of
the SWPPP and to take public testimony; and,
WHEREAS, comments made during the public hearing will be incorporated into the
City Council record.
NOW, THEREFORE, BE IT RESOLVED, the City of Golden Valley has determined
that no revisions to the Storm Water Pollution Prevention Plan (SWPPP) are required and
staff is hereby directed to file the annual report with the Minnesota Pollution Control
Agency.
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.
I
alley
Memoran urn
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
4. B. Public Item - Appeal from Board of Zoning Appeals Denial - Michael Johnson - 1525
Sumter Avenue North
Prepared By
Joe Hogeboom, City Planner
Summary
Michael Johnson, owner of the property located at 1525 Sumter Avenue North, has appealed
a variance ruling given by the Board of Zoning Appeals (BZA). At the May 26, 2009 meeting
of the BZA, Mr. Johnson requested that a variance be granted to allow a deck to be located
within the front yard setback area. The deck, which has been partially constructed, would
extend to a distance of 30 feet from the front yard property line.
The Zoning Code allows for 25 square feet of landing space to be located in the front yard
setback area. The Zoning Code does not calculate stairs into this figure (the distance from
the edge of Mr. Johnson's proposed stairs to the street is 26 feet). The total area of Mr.
Johnson's proposed deck/landing area is approximately 54 square feet, and is therefore
considered a deck.
The Board of Zoning Appeals granted a variance to Mr. Johnson that allowed a deck to be
built into the front yard setback. However, the BZA ruled that the deck be no larger than 8.6
feet by 5.6 feet. This would require Mr. Johnson to remove the triangular portion of the deck,
shown on the attached drawing.
The Zoning Code currently permits "open front porches" to extend to 30 feet from the front
yard property line. Although the Inspections Department has traditionally required that front
porches be covered by a roof structtlre, the BZA has suggested specifying the language of
the code to allow decks and porches to extend up to 30 feet from the front property line. Staff,
in coordination with the Planning Commission liaison to the BZA, intends to bring this
discussion to the Planning Commission. If the Zoning Code is changed to reflect this
proposal, Mr. Johnson's deck would be in conformance with all local ordinances.
Attachments
Location Map (1 page)
Memo to Board of Zoning Appeals dated May 20, 2009 (1 page)
Property Survey (1 page)
Board of Zoning Appeal Minutes dated May 26, 2009 (3 pages)
Photographs of 1525 Sumter Avenue North (2 pages, loose in agenda packet)
Packet from Applicant (6 pages, loose in agenda packet)
Recommended Action
Staff had originally supported Mr. Johnson's proposal, noting the lack of adequate entry
space as a hardship, and considering the low impact to neighboring properties. If the Council
wishes to allow Mr. Johnson to retain the triangular feature of the deck structure, then it must
make a motion to amend variance #09-05-03 by issuing a waiver to Section 11.21, Subd.
11 (A)(1) of City Code, allowing the applicant to complete the construction of a deck platform
within the front yard setback area to a distance of 30 feet from the property line, and
removing conditions that constrain the area of the structure.
However, if the Council wishes to uphold the BZA's ruling, restricting the deck platform to an
8.6 foot by 5.6 foot rectangular structure, then it must deny Mr. Johnson's petition to amend
variance #09-05-03.
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Planning
763-593-8095 I 763-593-8109 (fax)
Date:
May 20,2009
Golden Valley Board of Zoning Appeals
Joe Hogeboom, City Planner
1525 Sumter Avenue North
Michael Johnson, Applicant
To:
From:
Subject:
Background
Michael Johnson is the owner of the property located at 1525 Sumter Avenue North. Mr.
Johnson is requesting a variance to the Zoning Code for the construction of a deck in the front
of his home. Mr. Johnson states that the current concrete stairs leading to the front door of the
home do not provide adequate space for a landing and are in need of replacement. City Code
does allow 25 square feet of landing area to be located within the front yard setback. This
project, however, exceeds 25 square feet, and is thereby considered a deck.
No prior variances have been obtained for this property.
Variance
The proposal requires a variance from the following section of City Code:
. Section 11.21, Subd. 11(A)(1) Front Yard Setback Requirements.
City Code requires a distance of 35 feet between a home and the front yard property line. The
applicant is requesting 9 feet off of the required 35 feet to a distance of 26 feet between the
proposed deck and the front yard property line.
Recommended Action
Staff has reviewed this request, and has discussed alternate options with the applicant.
Traditionally, the City is hesitant to allow structures to be built within the front yard setback of a
property. However, due to need to replace the existing stairs, and the minimal impact to front
yard sightlines, staff requests the Board of Zoning Appeals to approve a waiver to Section
11.21, Subd. 11 (A)(1) of City Code, allowing the applicant to complete the construction of a
deck within 26 feet of the front yard property line.
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Minutes of the Golden Valley Board of Zoning Appeals
May 26,2009
Page 3
~ by Segelbaum, slconded by Kisch ~OUSIY to approve
the r~ques'f'for~ ft. off t requir . to a distance.of 6.6 ft. at its closest poinHo
the side yard (weSt)"19 e to allow for the construction of a second garage stall.
d by McCa otion carried 4 to 1 to deny the request for
1.5 the required 35 . to a distance of 33.5 . losest point to the front (north)
perty line to allow for .... e construction of a second garag voted no.
t;;
Request: Waiver from Section 11.21, Subd. 11 (A)(1)
Requirements
1525 Sumter Ave. N. (09-05-03)
Michael Johnson. Applicant
. 9 ft. off the required 35 ft.
to the front yard (east)
ft. its closest point
Purpose: To allow for the constru
front steps.
to be built over existing
Hogeboom explained that that the a~~~ig~nti. to construct a deck over his
existing front steps. He stated th~~ttie ap~Jicafilt..?egan construction on the deck not
realizing he needed a variance fro~.front.yard s~~pack requirements. He added that the
City is considering this strustHr~lB b~~>deck, not a stoop or porch. He noted that if the
applicant were to build a rBpf over.this proposed deck it would be considered an open
front porch and he would be allowed to build it 30 feet from the front property line without a
variance.
Kisch referred t9the surve~and~sked if the 26-foot measurement is from the bottom of
the steps or theed~e of the deck. He asked if there is an allowance made to allow steps
to go into tD~.s~tbaCkare~.. Hogeboom stated that when a structure is considered a deck
the mea;;urerneJilti~J~k~ptrom the edge of the platform. If this structure was considered a
landing t wouldee included. McCarty questioned if steps would be considered
p~g of a fr . Hogeboom said yes.
Michael.John ., Applicant, referred to his plans for the deck and explained his proposal.
Nelson ask~~>itthe partially constructed deck is only missing the steps or if more deck
area is going to be added. Johnson stated that the landing area is already constructed and
that the steps are the only thing yet to be added.
Segelbaum asked the applicant why he isn't just replacing the existing front steps with
larger concrete steps. Johnson stated that a huge new piece of concrete didn't seem
viable and that he was unable to remove the existing concrete. He noted that all of the
houses on his block were built right at the 35-foot front yard setback line.
Minutes of the Golden Valley Board of Zoning Appeals
May 26, 2009
Page 4
Sell stated that the applicant really only had 3 feet of landing area when the swing of the
door is considered. He said he agreed that front landing areas should be made larger
because they are safer and more functional.
Segelbaum asked if the existing size of the concrete steps is dictating the size of the
proposed deck. Johnson said yes.
Kisch asked what dictated the proposed triangular shaped side portion ofttlEJdf9Rk.
Johnson said having the space on the side of the deck allows more room for the d~or to
swing open.
Segelbaum asked if there will be railings installed. Johnson said
installed on the driveway side of the deck. Segelbaum asked
steps around the entire deck. Johnson said he would still need
steps.
,lings
rative .to ave
ce witn<or without
McCarty asked the applicant if the City saw him builcHhg this deCk and made him stop.
Johnson said yes.
Segelbaum asked if the depth of the deck[erTlai~edtljl~sa~~but the side triangular
portion was removed if there would still Q~enoulll" roorrn>Johnson said if he removed the
side portion of the deck, the new dec~Y"oul~R~Wh~~~;tt1e concrete steps are currently
located. .
Sell opened the public hearing!.eeSirlg.;:tnd hearing no one wishing to comment, Sell
closed the public hearing.
Kisch said this is a di'fficult re~Y~$t because construction of the deck has already began,
the footings are alreac;Iyin place <!ilnd it would be hard for the applicant to create a new 25
square foot lancling witQout requiring a variance. He said he thinks the landing area could
be made a bit smaller.
Segelbaurh~~iQ;h~...i~not.t:ls concerned about the depth of the deck as he is the shape of
the deck.~e s~i~ he'db~ more comfortable if the size of it were reduced and if it had a
reRtangular~~ap~c1 deck/landing area. McCarty agreed and said that if this proposal would
hav~Rome be~~rett1e Board before construction started he wouldn't have supported this
design. He said he is having difficulty allowing the steps in the front.
Kisch saidherdoesn't think the Board has the right to place design restrictions on the
proposed deck and that the decision should be based on hardship and setback
requirements not style. He said he is inclined to grant the variance request.
Segelbaum said he is focusing more on the size of the landing area.
McCarty said he is concerned that construction of the deck was started without a permit
and in his opinion this proposal is not appropriate.
Minutes of the Golden Valley Board of Zoning Appeals
May 26,2009
Page 5
Sell said he thinks the language in the zoning code needs to be clarified regarding stoops,
landings, decks and front porches. The Board agreed. McCarty said he would address the
issue with the Planning Commission.
Segelbaum suggested adding a condition to limit the width of the deck to 8.6 feet from the
edge of the house and removing the small triangular shaped area on the side. McCarty
asked where the steps would be placed. Segelbaum said he thinks the location of the
steps is a separate issue. Kisch said he thinks the location of the deck a are
dependent on each other. McCarty said he is fine with allowing a larger ing;,,,.. but
he doesn't want to see the steps go any closer to the front yard proB;~rty . ....; than til~
current steps. Sell noted that the steps can't go out into the drive\o)'~y and ifttJ%y w~~~ on
the side of the deck they would have to walk around the entiredeqk to ~~cessft1~!steps.
Segelbaum said he is comfortable allowing the steps in front bpt he w~nts the..area to look
more like a landing, not a deck.
MOVED by Segelbaum, seconded by Nelson and r1J~~i9~..car~i~!S3;Jto 2 to add a condition
that the landing/platform area of the deck be no I~fmer tha .6ft .6 ft. in size. Kisch
and McCarty voted no. ..
MOVED by Segelbaum, seconded by Nel~~t'l motion c d 4 to 1 to allow 9 ft. off the
required 35 ft. to a distance of 26 ft. at it$close~~e?inftoYt front yard (east) property line
to allow for the construction of new deck overtheexiE)~il1g front steps with the condition
that the landing/platform area of the deCk be no larger than 8.6 ft by 5.6 ft. in size.
McCarty voted no.
PurpO$~.:
,
. ~. . " "the require" '35 ft. to a distance Of2jJj~f~losest
point to'~ ont yar (east) prope~
allow for the co on ~ond garage stall.
Request:
bd. 11{A){3)(a) Side Yard Setback
To allow for the construct
The steps in front ofthe house are now 47 years old. I am proposing a new stair be
built over the existing steps. This requires the top landing be five and half feet to cover
the old stairs and the steps would add another four feet into the setback. This would add
four feet into the setback over what the present stairs now sit. The front door sits 30
inches above the ground level and must have stairs to access the door.
Please find enclosed:
· Appeal letter to City Council
· Letter from Susan and Geoff Roether
· Letter from Peter Gjeness
· Plans showing proposed, approved and revised plans
On May 26th we appeared in front of the Board of Zoning Appeals to request a
waiver from section 11.21 (A)(l) front yard setback requirements to allow for the
continue the construction of a new deck to be built over the existing concrete steps.
We stopped building immediately after the building inspector gave us a stop work
order and began working with the city to move forward. We had started under the
confusion of what is a deck/landing/ stairs. The board did approve the front set
back variance, however; they got side tracked into a debate on design, deck vs.
landing and how unclear the code is on this point In a confusing vote they seemed
to have changed the design of the deck, which had nothing to do with the variance
request We thankful they passed the variance request. Unfortunately, they made
an amendment to our request requiring us to change the shape of the deck (see
diagram #2). It is a dramatic change to what was originally proposed (see diagram
#1).
The board-approved design (diagram #2) removed the side triangle part of the
deck. This new design will be smaller, gaining only about 12" on the open door
section of the deck. It would also require railings on the open side of the door.
Giving the deck a much harsher look from the street The extra rails and the smaller
size make it almost unrealistic to continue.
We appealing to you, the City Council, to restore the side triangle to the plan (see
diagram t#3) and allow me to complete the deck as originally plan.
Thanks you for all your consideration.
Mike Johnson and Joette Rispalje
To the Golden Valley City Council-
We are neighbors of Mike Johnson and Joette Rispalje. We live
across the street from them on Sumter Ave. N . We have enjoyed
watching the many wonderful changes they have made to their
house over the years. The construction of a new deck will only
add to the aesthetic value of the home and the neighborhood. On
our block, several of the houses, ours included, have ugly concrete
steps that are as old as the homes-- 40 plus years. The original
design they submitted as well as the revised version they are
proposing is much cleaner and nicer than the version the city
council proposed with the traditional front stairs and heavy
railings.
We hope that you will consider letting them continue with the
project they want to build as it will impact our block and
neighborhood: keeping it clean, updated and improving the value.
Furthermore, it may inspire a few more of us to clean up our stoops
as well!
Thank you for your consideration.
Susan and Geoff Roether
1532 Sumter Ave. N.
Mike and Joette,
Please feel free to use this to support your appeal to the Board
of Zoning Appeals for the variance to build the deck / landing in
the front of your house.
It seems to me that the board should have either a) approved
your variance as requested it, b) denied your request, or c) made
some minor modifications if they felt safety improvements were
necessary .
Why the board felt they needed to completely re-design it is
beyond m~. I suppose they may have some good reason, but I can't
imagine what it would be.
When I look at your design compared to the board's design; I
strongly prefer your design for a couple of simple reasons. First,
your design is more interesting and in my opinion provides more
curb appeal.
Second, your design provides more clearance for people to access
the front door, which I believe provides for improved safety and
ease of use.
I would also encourage the zoning board to reconsider the. current
code regarding setbacks for decks / landings / stairs on the front of
homes in Golden Valley. If one simply drove around the
neighborhood, they would see home after home with aging front
steps that are in various states of repair. Currently there are only
two solutions to my knowledge to correct this problem. You can
either build a covered porch, or you can tear out the concrete and
replace it with concrete.
It seems to me that covering 40-50 year old decaying concrete
stairs with decking material would make the neighborhood more
inviting and improve overall safety in a simple and economic way.
I understand that there are good and legitimate reasons for
setbacks, but the code allows for exceptions for porches and
concrete. I don't understand why decking materials are not
allowed. They are certainly less obtrusive than a covered porch,
and better looking than concrete.
Please feel free to use this letter in your appeal.
Pete Gjemess
1533 Sumter Avenue
Golden Valley, MN 55427
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Fire Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
June 16, 2009
Agenda Item
6. A. First Consideration - Ordinance #420 - Adoption of Amended State Building Code -
Incorporation of 2008 National Electrical Code and Residential/Commercial Energy Code
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The State of Minnesota adopted the 2008 National Electrical Code, replacing the previously
adopted 2005 Code. The 2008 Code will be effective locally upon City Council adoption. The
National Electrical Code is required to be adopted locally and is enforced by the State of
Minnesota Electrical Inspector assigned to Golden Valley.
The State of Minnesota adopted the 1322 Residential Energy Code and 1323 Commercial
Energy Code. The American Society of Heating, Refrigerating and Air-Conditioning
Engineers, Inc. developed and published the new code as a nationally recognized standard.
The new Code will replace Minnesota Energy Code 7670,7672,7674 and 7678.
Attachment
Underlined/Overscored version Section4.01 (1 page)
Ordinance No. 420, Adoption of Amended State Building Code - Incorporation of 2008
National Electrical Code and Residential/Commercial Energy Code (1 page)
Recommended Action
Motion to approve on First Consideration, Ordinance No. 420, Adoption of Amended State
Building Code - Incorporation of 2008 National Electrical Code and Residential/Commercial
Energy Code.
Chapter 4:
BUILDINGS AND SIGNS
Section 4.01: Building Code Adopted
The Minnesota State Building Code, established pursuant to Minnesota Statutes
16B.59 to 16B.75, one copy of which is on file in the office of the Golden Valley City
Clerk, is hereby adopted as the Building Code for the City of Golden Valley. Such
code is hereby adopted by reference as though set forth verbatim herein, including
the following Chapters:
A. 1300 Administration of the Minnesota State Building Code
B. 1301 Building Official Certification
C. 1302 State Building Construction Approvals
D. 1303 Minnesota Provisions
E. 1305 Adoption of the 2006 International Building Code;
F. 1306 Special Fire Protection Systems
1. Chapter 1306.0020 Subd. 2
G. 1307 Elevators and Related Devices
H. 1309 Adoption of the 2006 International Residential Code
1. 1311 Adoption of the 2000 Guidelines for the Rehabilitation of Existing
Buildings
J. 1315 Adoption of -2-995 2008 National Electrical Code
K. 1325 Solar Energy Systems
L. 1330 Fallout Shelters
M. 1335 Floodproofing Regulations
1. Parts 1335.0600 through 1335.1100 inclusive
N. 1341 Minnesota Accessibility Code
O. 1346 Adoption of the Minnesota State Mechanical Code composed of the
2000 International Mechanical Code and the 2000 International Fuel
Gas Code with Minnesota Amendments.
P. 1350 Manufactured Homes
Q. 1360 Prefabricated Structures
R. 1361 Industrialized/Modular Buildings
S. 1370 Storm Shelters (Manufactured Home Parks)
T. 4715 Minnesota Plumbing Code
U. 7670, 7672, 7674, 7676 <:lnd 7678, ~1innesotQ Energy Code 1322 Residential
Energy Code and 1323 Commercial Energy Code
Source: Ordinance No. 380, 2nd Series
Effective Date: 8-17-07
ORDINANCE NO. 420, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adopting the Amended State Building Code
Incorporation of the 2008 National Electrical Code and
Residential/Commercial Energy Code
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Section 4.01, entitled "Building Code Adopted", is amended by
deleting item J, "1315 ~ Adoption of the 2005 National Electrical Code" and replacing it with
a new item J, which reads "J. 1315 ~ Adoption of the 2008 National Electrical Code".
Section 2. City Code Section 4.01, entitled "Building Code Adopted", is amended by
deleting item U, "7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code" and replacing
it with a new item U, which reads "U. 1322 Residential Energy Code and 1323 Commercial
Energy Code."
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled
"Violation A Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by
reference, as though repeated verbatim herein.
Section 4. This Ordinance shall take effect and be in force from and after its passage
and publication.
Adopted by the City Council this day of July, 2009.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virnig
Susan M. Virnig, City Clerk