agenda packet (entire)
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
July 21,2009
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. Oath of Office - Police Officer Rob Werner
C. Life Saver Award: Sergeant Steve Johnson, Officer Kristin Hoefling, Officer David
Kuhnly, Deputy Fire Marshal/Firefighter Ed Anderson and Fire Education
Specialist/Firefighter Stephen Baker
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 - June 16, 2009 and Council/Manager
Meeting - July 14, 2009
B. Approval of Check Register
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement - TwinWest
Chamber of Commerce
2. Gambling License Exemption and Waiver of Notice Requirement - People
Responding in Social Ministry
3. Solicitor's License - Sisters Camelot
D. Minutes of Boards and Commissions:
1. Human Rights Commission - June 11, 2009
2. Human Services Foundation - June 8, 2009
3. Envision Connection Project Board of Directors - June 18, 2009
4. Bassett Creek Watershed Management Commission - May 21, 2009
E. Bids and Quotes:
1. City Hall Emergency Generator - Quotes
F. Authorization to Sign Master Partnership Contract with State of Minnesota 09-41
G. Authorization to Sign the Amended Hennepin County Violent Offender Task Force
Co-operative Agreement
H. Authorization to Sign Joint and Cooperative Agreement for Use of Law Enforcement
Personnel and Equipment 09-42
I. Receipt of June 2009 General Fund Budget Report
4. PUBLIC HEARINGS 7:00 PM
A. Public Hearing - Ordinance #402 - Conditional Use Permit 09-67- Amendment #1 -
9405 Medicine Lake Road - George Kabalan, Applicant
5. OLD BUSINESS
6. NEW BUSINESS
A. Wine On-Sale and Strong Beer License and Sunday Sale Liquor License -
Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger
B. First Consideration - Ordinance #403 - Amending Salaries of Mayor and Council
Members
C. Announcements of Meetings
D. Mayor and Council Communications
7. ADJOURNMENT
Public ~U~Y
Memo ndu
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
1. B. Oath of Office - Police Officer Rob Werner
Prepared By
Stacy Altonen, Chief of Police
Summary
Officer Rob Werner will be present to take his oath of office as a Golden Valley police officer.
Recommended Action
Mayor Loomis administers the oath of office to Officer Werner.
Public ~H~y
o d m
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
1. C. Presentation of North Memorial Lifesaver Awards - Sergeant Steve Johnson, Officer
Kristin Hoefling, Officer David Kuhnly, Deputy Fire Marshal/Firefighter Ed Anderson and Fire
Education Specialist/Firefighter Stephen Baker
Prepared By
Stacy Altonen, Chief of Police
Summary
On June 29,2009 at 7:10 am hours Golden Valley Police, along with Golden Valley Fire,
responded to 3420 Manor Drive on a medical that was being reported. Information relayed to
responding units was that an individual was down in the backyard and was unresponsive.
Officers Kuhnly and Hoefling arrived first on scene and reported that they had an
unresponsive female down on the side of the home. Deputy Fire Marshal/Firefighter Ed
Anderson and Fire Education Specialist/Firefighter Stephen Baker arrived also on scene. The
female was unresponsive and not breathing. Police officers and fire personnel began to
administer CPR and began to attach the automatic defribillator. During the course of the
event the defribillator advised to shock the victim one time. After the shock was administered
the victim began to respond with a pulse and officers continued to administer CPR and
provide air ventilations to the victim. North Ambulance arrived shortly after and the victim was
stabilized and taken to North Memorial Hospital for further medical attention.
On July 8, 2009, Fire Education Specialist/Firefighter Baker was informed that the victim of
that incident had survived and was being discharged back to her home. Fire Education
Specialist/Firefighter Baker advised me that he did speak with the victim and she was told
she had suffered cardiac arrest and was successfully resuscitated by officers, firefighters and
paramedics. The victm advised she is expected to make a full recovery.
North Memorial Hospital has awarded the Lifesaver Award for the actions of Sergeant Steve
Johnson, Officer Kristin Hoefling, Officer David Kuhnly, Deputy Fire Marshal/Firefighter Ed
Anderson and Fire Education Specialist/Firefighter Stephen Baker.
Recommended Action
Police Chief Stacy Altonen and Fire Chief Mark Kuhnly present the North Memorial Lifesaver
Awards to Sergeant Steve Johnson, Officer Kristin Hoefling, Officer David Kuhnly, Deputy
Fire Marshal/Firefighter Ed Anderson and Fire Education Specialist/Firefighter Stephen
Baker.
alley
Me ra.ndu
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 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.
I
alley
Memora d m
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - TwinWest
Chamber of Commerce 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 TwinWestChamber of Commerce 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 TwinWest Chamber of Commerce 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 during a calendar year.
Page 1 of 2 7/09
Application fee
If a Iication ostmarked or received:
less than 30 days more than 30 days
before the event before the event
$100 $50
ORGANIZA liON INFORMA liON
Organization name
l))\ Y\W~
Type of nonprofit organization. Check one.
101 Fraternal 101 Religious 10lveterans
Mailing address City
Check #
Previous gambling permit number
X - 04<ol17-07-
Other nonprofit organization
State
\b-roo CJtd
Name of chief executive officer (CEO)
(\),.u. N Ll c;-\tA cl I G3'-45'O~ ~ OV- uu.@..-M\ f\ we 5\ .C
AttaQhaeC)py()fONEQftli~f()IIOWitlgfor pr()()f of nonpt()fit $tCltus.Cheekon~.
~~~n
Daytime ph
Email address
County
~{j/\n .
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, S1. Paul, MN 55155 Phone: 651-296-2803
~S 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.
[g]
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 INFORMA liON
* 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 of this form.
LG220 Application for Exempt Permit
Page 2 of 2
7/09
LOCALUNll'O.F .GO\lERNMENTACKNOWLEDGMENT
If the gambling premises is within city limits,
a city official must check the action that the city is
taking on this application and sign the application.
The information provided in this application is co ete and accurate to the best of my knowledge. I acknowledge that the
financial report will be completed and retul". "J . d within 30 days of the date of our gambling activity.
,7._
Chief executive officer's signatur . ,,/' ~
Complete a separate application f6r;;; ch 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
. application fee for each event.
Make check payable to "State of Minnesota,"
To: Gambling Control Board
1711 West County Road S, Suite 300 South
Roseville, MN 55113
,,i 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 (60 days for a 1 st class city).
_The application is denied.
Print city name
On behalf of the city, I acknowledge t s application.
Date!LJLA
CHIEF EXECUTIVE OFFICER'S SIGNATURE
If the gambling premises is located in a township, a
county official must check the action that the county is taking
on this application and sign the application.
A township official is not required to sign the application.
_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 ----.!----.!_
Datel I oCC
Financial report and recordkeeping required
A financial report form and instructions will be sent with
your permit, or use the online fill-in form available at
www.gcb.state.mn.us. 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.
Data privacy. This form will be made available
in alternative format (Le. 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
federal 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.
JUL-8-2009 01:43 FROM:TWINWEST 7634502221
TO: 97635938109
TwinWest
CHAMBER OF COMMERCE
FOUNDATION
JuJy 8, 2009
Ms. Judy Nally
Administrative Assistant
City of Golden Valley
7800 Golden Valley Road
Golden Valley, l\1N 55427
Dear Judy;
The Twin"West Chamber of Commerce and the TwinWest Foundation will host its
Annual Golf Classic Tournament on August 17 at the Golden Valley Golf and Country
Club. We respectfully request that the City Council waive the customary 30uday waiting
period of the exemption for the lawful gambling pennit required for this type of event.
10700 Old County Road 15, Suite 170. Plymouth, MN 55441
Phol\e: (763) 450-2220. Fax; (763) 4SQ..2221 . www.twinwest.com
P:1/1
Hey
Memorandum
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - People
Responding in Social Ministry
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from People Responding in Social Ministry 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 People Responding in Social Ministry.
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 during a calendar year.
-v4
Scue1
Previous gambling permit number
~cl;n
Type of nonprofit organization.
[OJ Fratemal [OJ Religious
Mailing address
/56 ,(10{", L-
rni(\\~
heck one.
[OJ Veterans ~ Other nonprofit organization
City State Zip Code
Av<.- S g. Go\ ~ V
Name of chief executive officer (CEO)
'C\\~
co~n~ fA
IV) ~ qS~u, ~..~
Daytime phone numbe Email address
1lDs--S2-'1 "I~o -e' uhY'Son@t>~s""'~ If. &lj
Do not attach a sales tax exempt status or federal ID employer numbers as they are not ptpof of nonprofit status.
I D 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, S1. Paul, MN 55155 Phone: 651-296-2803
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.
Nam~o~~~:v~~gaffibfihg.a6tY~~n}Ei.tbhC:~affl@,..nst.t.t..t~~...th~.dfaWitl~Wiiffuk~...pt1i6Sj
Address (do not use PO box) City. Zip Code County .11_
~OO\ c:,t),~\j ~p.~ (.,o\~\i W\N 55,/27 1-KAl1\.
Date(s) of activity (for raffles, indicate the da e ofthe drawing)
~affles
* 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 dick on List
of Licensed Distributors, or call 651-639-4076.
Also complete
Page 2 of this form.
LG220 Application for Exempt Permit
Page 2 of2
7/09
If the gambling premises is within city limits,
a city official must check 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 1st class city).
_The application is denied.
Print city name 'f) Iden (fd It
On behalf of the city, I acknowledge this pplication.
If the gambling premises'is located in a township, a
county official must check the action that the county is taking
on this application and sign the application.
A township official is not required to sign the application.
_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-l-l_
(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-l-l_
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 returned to the Boa wit 'n 3Q days of the date of our gambling activity.
Chief executive officer's signature - r.-..----..... ....Bate ~/q O<i
Complete a separate application for each
- 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
- 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 recordkeeping req~ired
A financial report form and instructions will be sent with
your permit, or use the online fill-in form available at
www.gcb.state.mn.us. 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.
Data privacy. This form will be made available
in altemative format O.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. Wlen
the Board issues your permit, all of the
information provided to the Board wHl 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 dllta are available to: Board members,
Board staff whose work requires access to the
information; Minnesota's Department of Public
Safety; Attorney Genera'; Commissioners of
Administration, Finance, and Revenue;
Legislative Auditor, national and intemational
gambling regulatory agencies; anyone pursuant
to court order; other individuals and agencies
that are specifically authorized by state or
federal 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.
PRISM
730 Florida Avenue South
Golden Valley, MN 55426
www.prismmpls.org
~
763.529.1350
July 10, 2009
~
763.529.1454
Ms. Judy Nally
Administrative Assistant
City of Golden Valley
7800 Golden Valley Road.
Golden Valley, MN 55427
Dear Judy:
PRISM (People Responding in Social Ministry) will host its annual fundraiser, a golf
tournament and dinner at Golden Valley Country Club, Monday, August 10,2009.
We respectfully request that the City Council waive the customary 30-day waiting period
for the exemption for a lawful gambling permit required for this type of event.
Sincerely,
~
Liz son
Executive Director
alley
M morand m
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. C. 3. Solicitor's License - Sisters Camelot
Prepared By r
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Sisters Camelot.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City
Council Meeting. Council Meetings are normally held the first and third Tuesday of each month.
TO: Golden Valley City Council
7800 Golden Valley Road
Golden Valley, MN 55427
.....
Enclose the sum of $ -)0. for I"L- (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.
Sl..sq- er,t C~{;l6rr
(Business or Individual Name to be Licensed)
Zl6S7 3> 7-i-\.A Az-.c- Sf} ,
(Address, including City, State and Zip Code)
PEDDLER/SOLICITOR LICENSE APPLICATION
,
-rl 0 C>
Fee Paid: $_~ V.
Number. of Persons: 1'2.-
Type of License Requested: d611c#6rf3>
biZ-- 7<.f' 30S-f
(Telephone Number, including Area Code)
NOW, THEREFORE, /1~( iii {~ hereby makes application for the
1: ?-/df (Applicant Name)
period of 7J r through 6/30/..!.O., subject to the conditions and provisions of said City Code.
~
/(Signature of Applicant/Principal Officer)
REQUIRED LICENSE INFORMATION
Applicant (if different from above):
Name
Address
(Include City, State and Zip Code)
Telephone Number (including area code)
Date of Birth (if an individual)
Business Name of Applicant
Address
(Include City, State and Zip Code)
Define Business
(Corporation, Proprietorship, Pa~nership, etc.; State of Incorporation)
Description of goods or services for sale (include prices) or indicate if soliciting donations. If more
space is needed, attach additional sheets (be specific): L <ri tfw l~ d~Cr;~
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 Slrd-<<s (~tld1-
Address of Organization ~ .2657 3Z-.,..q{ ~ ~. ~~+'!.;S ~IY
(Include City, State and Zip Code) SS"l.-/tJG
Telephone Number (Including Area Code)
C/ Z-7Hdr- ~oS-,
Define BusinessS'O 1 ~C ~ !l/orV P fC oP rr
(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:
~/KIY f1t-/-'1I/V3 I tJl,fr1/C 13~6S . /< ytc k ItUJf2/-'V I< YCLf .tifJe c50{3cU}(
, , 7 I
!L0(A,,/r'}/'-\ WA-f-IVI1'I?-. Mr/ZlcK c;1t.c~&'1/jfi;t/1ly KJ.;#}l/~. (!f;;;4a~S fAI;t"'(S()n//
, ", I
Cl--t1trr,i< () ZE:I- I [3/G1 t:Jcrt::7r UtlM~/ 8~/!J6;'1/ ~ ObJet <;. .7fU/SON;
(If more space is needed, attach additional sheets)
STATE OF /",IMYl:.5eff;A-)
) ss.
COUNTY OF f!&Mv;ffJ/JII )
l'II/1t~1 Hitf/t1-A
(Officerllndividual)
of 5i\E>J-~ ~
(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. ~
(Signature of Applicant/Principal Officer)
,2oQL.
JUDITH A. NALLY
NOTARY PUBLIC - MINNESOTA
My Commission expires Jan. 31,2010
GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING
Minutes from the Meeting of June 11, 2009
Members Present: Marion Helland, Anne Dykstra, Roger McConico & Christopher Jordan.
Members Absent: Debra Yahle, Bob Hoyt & Jay Sandvik.
Staff Present: Chief Stacy Altonen, Mayor Linda Loomis, and Council Member DeDe
Scanlon.
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 Jordan moved to approve the minutes of the April 16, 2009, meeting;
seconded by Commissioner Helland. The minutes were unanimously approved.
2010 U.S. CENSUS
Joe Hogeboom was introduced, and gave a brief background of his role with the City. He
distributed a few handouts regarding the 2010 census - including a timeline of events, a
City Council proclamation, and a narrative outlining basic census process information. In
advance of the meeting, Joe had been sent some questions from Commissioners, which he
addressed during the meeting. The overall goals for the Human Rights Commission
relating to promoting a successful census result will include promoting participation among
non~native English speakers, as well as help determining where pockets of non-native
English speakers are living. He also talked about the Commission promoting census
participation to traditionally underrepresented groups of people, regardless of the city they
live in (i.e. Courage Center, nursing homes). There was also a suggestion to work with
schools to get kids educated on the importance of participation, in the hopes the kids will
tell their parents to participate. Commissioner Dykstra asked about getting a clear direction
from the Golden Valley Communications Department as to any limitations on campaign
messages. Joe indicated he would check with Cheryl Weiler and get back to the group via
e-mail, and he will be the contact for the Commission throughout the census project.
COMMITTEE REPORTS
SCHOOL EDUCATION
Commissioner Helland displayed the books and literature she included in the winner
packets for the Essay Contest. She also talked about the Community Collaborative.
HOUSING
There was a brief discussion about commercial foreclosures, and that the residential rate is
at about 60 homes.
Human Rights Commission
June 11, 2009
Page 2
LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS
The League is starting to work with local commissions in the state to work on projects like
the census. Also, several local groups are working on restructuring their commissions.
SHARE THE DREAM
There was no discussion on this topic.
DISCRIMINATION
There was no discussion on this topic.
OLD BUSINESS
RECRUITMENT
Commissioner McConico mentioned that he and Commissioner Jordan worked the booth at
Valley Days and there were three people potentially interested in joining the commission.
NEW BUSINESS
ELECTION OF OFFICERS
Commissioner Helland nominated Commissioner Jordan for President, seconded by
Commissioner McConico. The election for Vice Chair was put off until the next meeting
when more members will hopefully be in attendance.
NEXT MEETING
The next meeting is scheduled for Thursday, July 9th, beginning at 7PM.
ADJOURNMENT
Moved by Commissioner McConico, seconded by Commissioner Jordan to adjourn the
meeting at 8:20 pm.
Golden Valley Human Services Foundation (GVHSF) Meeting
Minutes
June 8, 2009
Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Chris Monroe,
Diane Nimmer, Connie Sandler and Steve Schumacher. Also present Jeanne Fackler,
Staff Liaison.
Not Present: Gloria Johnson and Toots Vodovoz.
Call to Order: Chairman Blumb called the meeting to order at 6:36 p.m.
May 11 minutes: HeiliCher moved and Monroe seconded the motion to approve the
minutes of May 11. The motion passed unanimously.
New Business:
Elections: Heilicher moved to nominate Dan Blumb as Chair and Connie Sandler as Vice-
Chair. Nimmer seconded the motion. Blumb and Sandler accepted the nomination. The
motion passed unanimously.
Golden Valley Golf Classic:
Publicity: Monroe offered to contact Lee Valsvick and KARE 11 to promote the tournament
and Freestyle Productions to shoot the promotion. Schumacher will contact Keith Ellison.
Heilicher will contact Jim Marshall and Ron Latz. Sandler will contact Larry D'Amico.
GVHSF members will announce the tournament and the Taste at the Commission Dinner
this month.
Food: Heilicher will contact Piazza's and LaTuffs for a lunch menu and price.
Sponsors: Letters have been sent to last year's corporate and golf-hole sponsors. Fackler
will send letters to Popp Communications and door prize sponsors this week.
Prizes: All members were encouraged to solicit for door prizes.
Other: Go Health Chiropractic will offer digital foot scans and 15-minute chair massages
after the tournament. Heilicher will contact AI's Coffee to donate individual coffee packets
for each golfer as a thank you. Sandler and Fackler will get a price quote on 100 coffee
mugs.
Publicity/Marketing: McGhie passed out a marketing checklist for events and a data base
for the Taste. KSTP will be added to the media list. Members appreciated the work McGhie
has done.
The Allocation Packet was reviewed. Two questions were changed. Fackler will give the
changes to Communications.
Other Business:
Taste of Golden Valley: Sandler reported The Metropolitan is available for the event. Rental
fee is $500 which includes tables, chairs and linens. Skirting is available for $7.50/table. A
$150 event manager fee will be charged. After much discussion, Heilicher moved to
change the venue to The Metropolitan Ballroom with the date of Wednesday, November
11, 5:30-8 PM. Nimmer seconded the motion. The motion passed unanimously. Blumb will
contact the GVCC and notify them of the decision. Sandler will contact The Metropolitan
and ask for a tour of the facility for committee members.
Discussion centered on using students from Perpich Center and Meadowbrook School for
entertainment. McGhie will contact Perpich Center, Sandler will contact Meadowbrook
School. Fackler will contact Don Wascoe and the GV Orchestra after Perpich and
Meadowbrook have been contacted.
It was suggested to change the name of the event to "The Taste and Sounds of Golden
Valley" to show the changes in the event. Since the event is on Veteran's Day a "Salute to
Vet's" will be explored.
Blumb and Schumacher met with Luke Weisberg from the Golden Valley Days Committee.
Blumb will invite Weisberg to the July meeting of the GVHSF to discuss the organization.
Fackler announced that the Golden Valley Federated Woman's Club donated $700 to the
GVHSF.
Fackler will send members an updated roster.
Adjournment: Blumb moved to adjourn the meeting, McGhie seconded the motion. The
meeting was adjourned at 8: 15 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
Envision Connection Project
Board of Directors Meeting Minutes
June 18, 2009
Present: Sharon Glover, Jim Heidelberg, Linda Loomis, Philip Lund, Dean Penk,
Marshall Tanick, Blair Tremere
Absent: Helene Johnson and Luke Weisberg (GVCEF Representative)
Staff: Jeanne Andre
The meeting began at 7:05 pm in the Council Conference Room.
Approval of Minutes
TremerelTanick moved to approve the minutes of May 20,2009 as presented. Motion
carried.
Envision Award
The Board met as a committee of the whole to review the Envision Award nomination of
Dwight Townes for the Highway 55 Lilac Planting Project. Members noted that the
nomination matched the award criteria read by Jeanne Andre. HeidelberglTanick moved
to recommend that the City Council award an Envision Award to Dwight Townes for the
Highway 55 Planting Initiative. Motion Carried.
Members discussed the process for Council review and scheduling the award. It was
recommended that Linda Loomis, as Chair of the Connection Project, contact Mr.
Townes and request his attendance at a Council Meeting to receive the award.
Bridge Building Activities
Quarterly Meeting (June 13) - The Quarterly Bridge Builder Meeting at the Humane
Society was well attended. Some new participants volunteered to distribute Bridge
Builder information at the Police/Fire Open House and the Fire Relief Dance. One new
attendee would like to instigate an evening unit of the Golden Valley Garden Club.
Next Quarterly Meeting - It was recommended that the next meeting be on November
7 or 14, to avoid other scheduled Connection Project/Bridge Builder events. The
Learning Disabilities Association on Golden Valley Road was suggested as a venue.
Lilac Planting - Linda Loomis reported that the lilac planting group met and decided to
limit the planting area to Highway 55 between Winnetka and Glenwood. The date is still
September 26 with Spirit of Hope Methodist Church serving as the Welcome Center and
venue for the celebration. Blair Tremere is helping secure food and monetary
contributions for the after-planting celebration. He mentioned that a new idea came up
at the last meeting to start an effort to replace plantings from previous years that have
not survived. He noted that there is no immediate plan to initiate this project.
Dog Park - Linda Loomis reported that City staff and some Bridge Builders are meeting
with the Animal Humane Society next week to see if the Society would be interested in
a cooperative approach to a dog park on the northeast portion of their property. Some
issues with the site are securing adequate parking and shade for visitors. Board
Members suggested that an area for pet memorials could help to financially support the
park.
Buckthorn Busting - Blair Tremere reported that he is still interested in promoting a
educational program this fall, but has not set a date. He would try to avoid dates already
scheduled for other Bridge Builder activities. Members suggested a variety of locales for
Envision Connection Project
Board of Directors Meeting Minutes
June 18, 2009 - Page 2
demonstration projects, including the Humane Society dog park area, Brookview and
the General Mills Nature Area.
Neighbors Helping Neighbors
Jeanne Andre reported that Bridge Builder DeDe Scanlon has been working with
representatives from Calvary Church and Valley Presbyterian Church to see if
volunteers could be mobilized to help residents who have health or financial issues
maintain their homes. Both churches have done this sort of mission work in the past,
largely in other parts of the country. They would like to try to help folks in their own
community. Staff has brought in non-profits to help mobilize the program. PRISM has
agreed to be the primary contact and coordinate homeowner needs with the volunteer
efforts. H.O.M.E. is an agency that helps homeowners sixty and over with minor
maintenance, and is willing to serve as another resource. Jeanne Andre distributed a
draft flyer on the program and indicated that the program hopes to be able to start in
July. At this point it is a pilot project, but other churches and organizations could be
invited to join the collaboration in the future. Marshall Tanick suggested contacting the
Minneapolis Pipefitters 539 Union, which has had a program in the past to help install
furnaces in homes of low-income residents. Members also noted a recent article about
Richfield residents who are helping with lawn care for foreclosed homes to help promote
neighborhood livability.
Golden Valley Outreach -Ice Cream Social
The Ice Cream Social is scheduled for July 20 with Tubby Esquire as the band.
Members identified tasks and took responsibility for the following:
. Dean Penk will contact Mike Pellizzer about providing the ice cream.
. Marshall Tanick will seek donations to cover the cost of the ice cream.
. Blair Tremere will contact Betty Crews and Hilde Ostrow to see if they would be
available to sell mugs and t-shirts.
. Jeanne Andre will coordinate the production of lawn signs and posters and let
members know when they are available to distribute.
. Linda Loomis will make a brief presentation at the intermission and ask the
Council to serve as scoopers.
Proposed Community Foundation/Non-Profit
Luke Weisberg is preparing a set of questions and answers about the proposed
Community Foundation to use in soliciting broader support. He promised to circulate his
initial draft in the near future so Board Members could respond to it and try to finalize a
document at the next meeting. Dean Penk said he would meet with Luke to work on a
draft document.
Upcoming Conferences
Sharon Glover secured more detailed information regarding a Fund Raising Summit
sponsored by the Center for Non-Profit Success on June 30 and July 1. There is a fee
for the whole conference and an option to pay for individual sessions. As there is no
City budget for members to attend these events, members will decide if they wish to
attend on their own.
Envision Connection Project
Board of Directors Meeting Minutes
June 18, 2009 - Page 3
Helene Johnson sent information regarding an upcoming National Civic Summit on July
15-17. There is no charge for this event and some members indicated that they may
attend.
Future Meetings
The next meeting will be on July 16.
The meeting ended at 8:30 pm.
Jeanne Andre, Assistant City Manager
Bassett Cr at ed Management Commission
Minutes of the Meeting of May 2 09
1. Call to Order
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:30 a.m.,
Thursday, May 21, 2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call.
RollCall
Crystal
Golden Valley
Medicine Lake
Minneapolis
Minnetonka
New Hope
Plymouth
Robbinsdale
St. Louis Park
Note:
Also present:
Commissioner Pauline Langsdorf
Commissioner Linda Loomis, Treasurer
Commissioner Cheri Templeman
Commissioner Michael Welch, Chait
Not represented
Commissioner Daniel Stauner
Commissioner Ginny Black, Vice Chair
Not represented
Not represented
Counsel
Engineer
Recorder
Charlie LeFevere
Len Kremer
Amy Herbert
Alternate Commissioner Wayne Sicora arrived after roll call
Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth
Jack Frost, Metropolitan Council
Ron Leaf, SEH, Inc.
Randy Lehr, Three Rivers Park District
Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal
Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Jim Renneberg, City of Plymouth
Stu Stockhaus, Alternate Commissioner, City of Crystal
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
Mike Trojan, Minnesota Pollution Control Agency
Chris Zadak, Minnesota Pollution Control Agency
2. Approval of Agenda and Consent Agenda
Chair Welch reordered the Old Business agenda items so that TMDL study discussion items 6E, 6F, and
6G followed item 6A and so that item 6D regarding BCWMC Missions and Goals would be addressed last.
Chair Welch also added invoice xi to the Lorenz Bus Service for the watershed tour bus costs. Ms. Black
moved to approve the agenda as amended. Ms. Loomis seconded the motion. The motion carried
unanimously [Cities of Minnetonka, St. Louis Park, and Robbinsdale absent from the vote]. Ms. Black
moved approval of the Consent Agenda. Ms. Loomis seconded the motion. The motion carried
unanimously [Cities of Minnetonka, St. Louis Park, and Robbinsdale absent from the vote].
3. Citizen Input on Non-Agenda Items
No citizen input on non-agenda items.
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BCWMC May 21, 2009 Meeting Minutes
3. Administration
A. Presentation of the April 16, 2009, BCWMC meeting minutes. The minutes were approved as
part of the Consent Agenda.
B. Presentation of the Financial Statement. The May financial report was received and approved as
part of the Consent Agenda.
The general and construction account balances reported in the May 2009 Financial Report are as
follows:
Checking Account Balance
TOTAL GENERAL FUND BALANCE
653,244.19
653,244.19
Construction Account Balance
TOTAL CONSTRUCTION ACCOUNT BALANCE
-Less: Reserved for CIP projects
Construction cash/ investments available for projects
2,802,713.19
2,802,713.19
3,530,770.14
(728,056.95)
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Kennedy & Graven - Legal Services through March 31, 2009 - invoice for the
amount of $1,362.82.
ii. Barr Engineering Company - April Engineering Services - invoice for the
amount of $63,913.99.
iii. Barr Engineering Company - February Sweeney Lake TMDL Phase II
Services - invoice for the amount of $4,258.00.
iv. Amy Herbert - March Recording Administrator Services - invoice for the
amount of $4,660.59.
v. MMKR - Audit Services - invoice for the amount of $5,300.
vi. SEH, Inc. - Sweeney Lake TMDL Work through March 31, 2009 - invoice for
the amount of $2,730.80.
vii. Rice Creek Watershed District - 2009 Blue Thumb Membership - invoice for
the amount of $1,500.00.
viii. Michael Welch - April 22, 2009, Work Session Catering - invoice for the
amount of $42.48.
ix. Stuart Stockhaus - Education and Outreach Committee printing expenses -
invoice for the amount of $17.10.
x. Liz Thornton - Education and Outreach Committee printing expenses - invoice
for the amount of $7.70.
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BCWMC May 21, 2009 Meeting Minutes
Page 2
xi. Lorenz Bus Service - 2009 Watershed Tour - invoice for the amount of
$387.00.
By call of roll, the motion carried unanimously [Cities of Minnetonka, St. Louis Park, and
Robbinsdale absent from the vote].
D. Action to Not Waive Liability Limits of League of Minnesota Cities Insurance Trust Coverage. Ms.
Black moved that the BCWMC should not waive the liability limits of the insurance trust coverage.
Ms. Loomis seconded the motion. The motion carried unanimously [Cities of Minnetonka, St. Louis
Park, and Robbinsdale absent from the vote].
E. Action to Receive and File the BCWMC's 2008 Audit. Ms. Black moved to receive and file the
BCWMC's 2008 audit. Ms. Loomis seconded the motion. The motion carried unanimously [Cities of
Minnetonka, St. Louis Park, and Robbinsdale absent from the vote].
4. New Business
A. 26th A venue North Culvert: City of Plymouth. Mr. Kremer explained that a request was
received from the City of Plymouth for review of a culvert replacement plan along Plymouth
Creek at 26th A venue. He said the project consists of reconstruction of 0.2 acres and mill and
overlay of 1.3 acres and is in front of the Commission because there would be new culvert located
below the 100-year floodplain. Mr. Kremer said the Commission Engineer recommends the
project be approved on the condition that the contractor submits a diversion and dewatering plan
to be reviewed and approved by the Commission Engineer prior to installation of the proposed
culvert. Chair WeIch asked why the Commission Engineer wants to see that plan. Mr. Kremer
responded that the project will involve extensive diversion and the Commission Engineer wants to
make sure the diversion is done in a way to prevent significant erosion.
Ms. Black moved to approve the project with the Commission Engineer's recommendation as
explained by Mr. Kremer and stated in the May 14, 2009, memo from Barr Engineering on the
project. Mr. Stauner seconded the motion. The motion carried unanimously [Cities of
Minnetonka, St. Louis Park, and Robbinsdale absent from the vote].
[Alternate Commissioners Ted Hoshal and Wayne Sicora arrive].
6. Old Business
A. 920940 1jz Avenue, New Hope - Update on agreement between property owners and City.
Mr. Stauner reported that the agreement between the property owners and the City of New Hope
is that the property owners will remove three cubic feet of fill from the floodplain area in their
lakeside yard. He said that the City, in conjunction with sediment removal from Northwood Pond
and construction of an access point to it, will remove the balance of the 21 cubic yards of
mitigation and the homeowners will cover the cost. Mr. Stauner stated that the New Hope City
Council has approved the agreement. Chair WeIch asked Mr. Kremer if he agrees with the
solution reached by the parties. Mr. Kremer responded yes.
B. Wirth Lake TMDL Study Update. Mr. Kremer said that in the evaluation of the water quality
of Wirth Lake it was determined that one of the principal problems with the lake's water quality is
back flow from Bassett Creek. He said the phosphorus content of the creek is a couple of hundred
parts per million and the back flow during floods is causing water quality problems in Wirth
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BCWMC May 21, 2009 Meeting Minutes
Page 3
Lake. He said one of the potential BMPs (Best Management Practices) is to try to prevent the back
flow from Bassett Creek into Wirth Lake. He said the MPCA anthorized Barr Engineering to
determine whether it is possible to prevent that backflow from entering Wirth Lake from a flood
level perspective. Mr. Kremer said the May 11,2009, memo regarding the Wirth Lake BMP in the
Commission's meeting packet explains the model used and the results of the floodplain analysis.
Mr. Kremer said the model results indicate there would be no significant change in flood levels,
there would be a 1/10 foot increase in stage at Bassett Creek where Wirth Lake enters it and aI/tO
foot increase at Fruen Mill. He said there is no damageable property that would be affected by
those two stage increases. Mr. Kremer said there would be a very significant increase in stage on
Wirth Lake but there is no damageable property along Wirth Lake. He said if there was a project
identified that could block off the backflows from Bassett Creek into Wirth Lake, it would be
theoretically possible without any significant impact on flooding. Mr. Kremer said there will be
Wirth Lake stakeholder meeting in June to talk about BMPs.
Chair Welch introduced Chris Zadak, Minnesota Pollution Control Agency's interim project
manager for the Wirth Lake TMDL study, and Mike Trojan, Minnesota Pollution Control
Agency's grant writer.
Mr. Mathisen said the Commission has established guidelines for floodplain damage and said that
he is concerned about the Commission going down the road of shutting down a lake from
backflows from a stream. He commented also that the long-term maintenance of backflow
preventers is a nightmare for public works departments.
Mr. Kremer stated that the change in stage on the creek wouldn't be an issue for FEMA because
of the amount of the change. He remarked that the BCWMC has historically approved changes to
flood levels - both increases and decreases - where damage would not occur. Mr. Sicora asked
about FEMA regulations on increase in stage. Mr. Kremer said FEMA rules say you're allowed a
one- foot increase in stage for a tOO-year event. He said state regulations allow for a one-half of a
foot increase in stage and that the BCWMC's rules are that there would be no change in stage
unless there is compensating mitigation.
Chair Welch asked what structures are being considered for the prevention of backflows. Mr.
Kremer said the May 11, 2009, memo provides examples but that there are a number of
possibilities.
C. Medicine Lake TMDL Study Update. Chair Welch reported that there was a Medicine Lake
stakeholder meeting last week. He said the load reduction called for is 3,040 pounds of
phosphorus, which represents a 35% load reduction in the watershed. Chair Welch said the
Committee discussed two issues: 1. How to establish the waste load allocation, and, 2. What BMPs
could be implemented and where.
Mr. Chris Zadak, MPCA, explained that there are three basic ways to approach waste load
allocation:
1. Each separate MS4 gets its own individual waste load allocation;
2. Categorical allocation, where all MS4 waste load allocations are
lumped together; and
3. A hybrid of the first two options, where the MS4s and Hennepin
County are categorical and Mn/DOT gets its own individual
allocation.
Chair Welch noted that Mn/DOT was represented at the stakeholder meeting and indicated a
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BCWMC May 21, 2009 Meeting Minutes
Page 4
preference for getting an individual allocation. Mr. Zadak said the stakeholder group indicated a
preference for the hybrid approach. Chair Welch said the decision that comes back to the
Commission with regard to the waste load allocation is does the Commission want to take on the
categorical waste load allocation and be the convener of the MS4s' efforts. He said another issue
for the BCWMC's consideration is whether MnlDOT would be part of the group in the categorical
allocation or not. Chair Welch said he has some concerns about not including MnlDOT in the
group and reminded the Commission of the issues with MnlDOT on the Wirth Lake project. Chair
Welch also said the Commission needs to consider how the BMPs implemented to reach the load
reduction goal are funded. Chair Welch said the stakeholder group is looking for feedback from
the Commission about the approach to the waste load allocation and the Commission needs to
identify what it needs in order to make a decision.
Mr. Asche said he would have a concern with the hybrid approach if it somehow lessened the load
allocated to MnlDOT and leading to additional burden falling on the cities.
Ms. Black commented that as each of the BCWMC's TMDL studies is completed, the BCWMC
will need to examine its CIP.
Mr. LeFevere remarked that the BCWMC has no enforcement authority over Mn/DOT, which
might not be a bad reason for leaving it out of the group allocation. Mr. LeFevere commented that
the individual waste load allocation doesn't mean that there wouldn't be collaborative efforts. He
commented that making a decision on the approach may be a bigger philosophical question than
just looking at the Medicine Lake TMDL study. Mr. LeFevere said before the Commission can
make it decision it needs to know what it looks like at the far end as in what BMPs will be built,
how will they get built and funded.
Chair Welch said that Mr. LeFevere made a good point in that the individual waste load allocation
doesn't preclude collaboration.
Mr. Sicora stated that he currently supports the hybrid approach. Ms. Loomis suggested that
commissioners check in with their cities for their opinions. Chair Welch asked what
commissioners want in terms of more information. Mr. Sicora asked about the timeframe for a
decision. Chair Welch remarked that other work can continue on the TMDL even if the
Commission isn't ready to make a decision regarding the allocation approach.
Ms. Black mentioned that one of her concerns with the categorical approach is who would do the
maintenance of the BMPs. She said currently the maintenance of Commission projects is handled
by the cities, which would mean that cities would have ongoing maintenance costs. Ms. Black said
the Commission should consider whether there should be a policy change about maintenance and
whether the maintenance costs should be shared. Chair Welch said commissioners should let Mr.
Kremer and Ms. Herbert know if there is anything they would like more information on about the
load allocation approaches. Chair Welch said he would communicate with Mr. Kremer about
what materials may be helpful for Commission review for the June or July meeting and the
Commission's representatives will attend the next Medicine Lake Steering Committee meeting.
Mr. Kremer asked Mr. Zadak about the schedule for the Commission receiving the draft
implementation plan. Mr. Zadak replied that he thinks they are on the verge of getting it out.
7. Communications
A. Chair:
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BCWMC May 21, 2009 Meeting Minutes
Page 5
i. Chair Welch announced that Hennepin County has $500,000 out of the Clean Water Legacy
bill. Chair Welch directed the Commission Engineer to follow up with Hennepin County.
6. Old Business (continued)
D. Sweeney Lake TMDL Study Update. Mr. Leaf reported that there was a Sweeney Lake TMDL
study technical team meeting held on April 23rd and mentioned that the meeting summary and
notes were included in the Commission's meeting packet. He stated that SEH also met with some
members of the City of Golden Valley and some lake residents to discuss the project to date and
possible implementation strategies. Mr. Leaf reported that 60% of precipitation becomes runoff
into the lake, which is a high number and means that the area is fully developed and indicates
tight soils. He said that the external load is more dependent on the amount of precipitation than
on whether or not the aerators are operating. He said it is hard to tell if the aerators' effects are
good or bad but they do affect the development of the thermocline, which affects where the
phosphorus is located in the lake but doesn't affect the amount of phosphorus in the lake.
Mr. Leaf discussed preliminary load reduction targets and stated that results show that an
external load reduction of 70% would be necessary to meet the in-lake phosphorus concentration
target. He stated that an exclusive internal load reduction of 45 % would be needed to meet the in-
lake phosphorus concentration target. Mr. Leaf mentioned that the MPCA wants to see the MS4s
do as much as they can to reduce the load to the lake and will expect the MS4s to do the best they
can to reduce their loads. Mr. Leaf explained that possible implementation strategies could be to
assign individual load allocations, to take a categorical approach, or to combine those two
approaches such as assigning a categorical load allocation to Golden Valley and St. Louis Park
and an individual load allocation to MnlDOT.
Ms. Black asked if a decision on the implementation strategy should be made prior to the public
stakeholder meeting that is currently scheduled for June 3rd or if there are plans to hold a third
public meeting. Chair Welch said a third public meeting is not currently in the project plan or
budget. The Commission decided to go ahead and hold the June 3rd public meeting.
[Chair Welch departs meeting. Vice Chair Black takes over as Acting Chair]
E. BCWMC's Proposed 2010 Operating Budget. Mr. Kremer said that line 49 listing the
proposed 2010 Capital Projects should be changed to $1,000,000. Mr. Sicora moved to adopt the
2010 operating budget as amended. Ms. Templeman seconded the motion. The motion carried
unanimously [Cities of Minneapolis, Minnetonka, and St. Louis Park absent from vote].
F. Order Publication and Distribution of 2008 Annual Report. Mr. Kremer suggested a change to the
second bullet of the Capital Improvements Program to clarify that the BCWMC participated in
the funding of the in-lake treatments. Ms. Black commented that there were four treatments and
the BCWMC participated in three of them. Ms. Loomis moved to order the publication and
distribution of the 2008 annual report as amended. Mr. Stauner seconded the motion. The motion
carried unanimously [Cities of Minneapolis, Minnetonka, and St. Louis Park absent from vote.]
G. Education and Public Outreach Committee
i. Education Grant Recommendation - Meadowbrook School. Ms. Black reported that the
Committee recommends the Commission enter into a grant agreement with the school for
$1,000 for its outdoor classroom project. Ms. Langsdorf moved approval. Ms. Templeman
seconded the motion. The motion carried with five votes in favor. The City of Golden
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BCWMC May 21, 2009 Meeting Minutes
Page 6
Valley abstained from the vote. The Cities of Minneapolis, Minnetonka, and Robbinsdale
were absent from the vote.
ii. Update on Grant Outreach. Mr. Stockhaus said that he and Ms. Thornton compiled a list
of all of the public, parochial and private schools in the watershed and distributed to those
schools a packet of information about the grant program including the application. He
said that over the last month he and Ms. Thornton have been meeting with principals and
directors of schools to explain the grant program and what the BCWMC was looking for
in terms of grant proposals. Ms. Loomis asked if the Commission asks the schools what
practices they are currently implementing such as parking lot sweeping. Ms. Black said the
Education Committee has not discussed it but it could discuss it at a future meeting. Ms.
Loomis asked if the Commission asks the applicants how they wiD maintain the projects.
Ms. Black said the Meadowbrook School did address maintenance in its application. Mr.
Sicora suggested a Channel 12 video about the grant program.
[Commissioner Sicora departs]
H. T AC Recommendations
i. 60-Day Rule. Mr. Oliver said the TAC concluded that with the one exception of the New
Hope property discussed earlier in the meeting, there hasn't been an issue for the
Commission so the TAC doesn't think any action by the Commission is necessary.
ii. TMDL Load Allocations. Mr. Oliver said the TAC anticipates continuing this discussion
after more information comes in about the Medicine Lake TMDL.
Hi. Resource Management Plan. Mr. Oliver said the TAC had no comments on the Resource
Management Plan. Acting Chair Black stated that in the future, the BCWMC wants to see
draft copies before they are sent out. Mr. Kremer noted that the RMP submitted to the
Army Corps of Engineers is a draft and the Commission Engineer is waiting for comments
on the draft before the final copy is distributed. Ms. Black directed Ms. Herbert to send
the draft Resource Management Plan to the Commission.
I. BCWMC's June 11th Watershed Tour - Information Only. Acting Chair Black announced that the
BCWMC's Watershed Tour wiD be at 8:30 a.m. on Thursday, June 11th and that the meeting
packet included a map to West Medicine Lake Park, which is the starting location of the tour. She
noted that the tour bus wiD depart the West Medicine Lake Park parking lot at 8:45 a.m.
J. BCWMC's Missions and Goals - Deferred to next month.
7. Communications (continued)
B. Commissioners:
i. Ms. Loomis mentioned that the University of Minnesota is doing a study of pond dredging and
how to treat for polyaeromatic hydrocarbons.
C. Committees:
Education Committee
i. Ms. Langsdorf reported that the Committee is out of seed packets and the Commission should
let the Committee know if it anticipates needing any seed packets this year.
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BCWMC May 21, 2009 Meeting Minutes
Page 7
ii. Ms. Langsdorf stated that the next Education and Public Outreach Committee meeting will be
held on May 28th at 9:00 a.m. in the Medicine Lake Room at Plymouth City Hall and the
Commit~ee will be reviewing the Commission's Web site.
iii. Ms. Langsdorf stated that the Committee is moving forward with plans for the writing and
publication of the "real people articles."
iv. Ms. Langsdorf had an example of the brochure designed by the Joint Education and Public
Outreach Committee and announced that the Committee will be taking orders at the Joint
EPOC's next meeting on June 2nd at 8:30 a.m. in the Parkers Lake Room at Plymouth CUy
Hall.
D. Counsel*
E. Engineer:
i. Mr. Kremer mentioned that the new Twins Stadium is not on the watershed tour but the
Commission could arrange a separate tour if people are interested. Ms. Black directed Ms.
Herbert to send out an e-mail to the Commission to find out how many people would be
interested in such a tour.
8. Adjournment
The meeting adjourned at 2:24p.m.
Michael Welch, Chair
Date
Amy Herbert, Recorder
Date
Pauline Langsdorf, Secretary Date
#249298 vI
BCWMC May 21, 2009 Meeting Minutes
Page 8
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763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. E. 1. Award a Contract for the City Hall 2009 Emergency Generator Project No. 09-18
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
AI Lundstrom, Environmental Coordinator
Summary
The City has received the following bids for installation of an emergency backup generator for
City Hall located at 7800 Golden Valley Road:
Vinco, Inc.
Killmer Electric Company, Inc.
Allied Generators
Phasor Electric Company
Olympia Tech Electric
Gopher Electric, Inc.
Bloomington Electric Company
Manor Electric Company
Parsons Electric Company
$71,425
$71,750
$77,279
$83,740
$84,500
$87,640
$87,789
$94,366
$96,922
The 2009-2013 Capital Improvement Plan includes $125,000 (B-012, page 52) in 2009 to
provide emergency backup power for complete operation of City Hall. The existing generator
is undersized and does not provide emergency electricity for all essential services.
Attachments
Environmental Process, Inc. recommendation letter for award, dated July 9, 2009 (1 page)
Recommended Action
Motion to authorize awarding a contract to Vinco, Inc. in the amount of $71,425 for the City
Hall 2009 Emergency Generator Project No. 09-18.
Environmental Process, Inc. J m
715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700
. Phone: 763-398-3040' Fox: 763-398-0121 · email: eoh""ls@reoonect.oom' www.go-epLoom epr
July 9, 2009
Mr. Al Lundstrom
Environmental Coordinator
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re: City of Golden Valley
City Hall - 2009 Emergency Generator
City Project No.: 09-18
EPI Project No.: 2009-056
Dear Mr. Lundstrom:
Environmental Process, me. (EPI) reviewed the City of Golden City Hall - 2009 Emergency
Generator project work scope with Mr. John Hagen of Vinco, me. and there were no questions.
John Hagen indicated that they fully understand the scope of work and that they will be ready to
start work in August as in the tentative schedule. The work schedule will be discussed in the
preconstruction meeting. Vinco, me. will complete most of the work themselves with the
exception of the concrete and mechanical work will be subcontracted. Vinco, me. based their bid
on a Kohler Generator per the specifications.
Vinco, me. is based in Forest Lake, Minnesota. EPI has not worked with Vinco, me. in the past.
Based on the review of project work scope with Vinco, me. and the fact that they are the low
bidder we recommend awarding the project to them.
BPI recommends that the base bid cost of $71,425.00 for the City Hall - 2009 Emergency
Generator project be accepted from Vinco, me.
Please call (763) 398-3040 with any questions, comments.
Sincerely,
ENVIRONMENTAL PRqCESS, INC.
9~R~
Denny Langer, PE
Project Manager
1
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763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. F. Authorize Entering into a Master Partnership Contract with the State of Minnesota
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
The Master Partnership Contract between the State of Minnesota and the City of Golden
Valley is a document that can be utilized for either the Minnesota Department of
Transportation (Mn/DOT) or the City to perform work cooperatively for the other when both
parties deem it beneficial. Projects that can be done under the agreement range from signal
construction/modifications to small paving projects. Some of the basic provisions of the
agreement are as follows:
1. The agreement has a five (5) year term and can be renewed.
2. The agreement outlines the responsibilities for both parties.
3. Types of maintenance/construction work that may be included under the agreement
are detailed.
4. Under the agreement, work orders for specific projects are developed to implement
each project.
5. Identifies City and Mn/DOT personnel authorized to execute work orders to perform
such work on behalf of their respective agencies. (Attached resolution identifies the
City's authorized representative and sets cost thresholds for approval of work orders to
statutory limits.)
The first project that could potentially be performed under this contract is included in the 2009
Asphalt Overlay Project to overlay approximately 300 feet of the 1-394 South Frontage Road
east of the Golden Valley city limits.
A resolution is required to be adopted by the City to enter into the agreement and to
designate the City's authorized representative for executing work orders.
Attachments
Resolution Authorizing Master Partnership Contract with the State of Minnesota (2 pages)
Master Partnership Contract with State of Minnesota and City of Golden Valley (11 pages)
Resolution 09-41
July 21,2009
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING MASTER PARTNERSHIP CONTRACT
WITH THE STATE OF MINNESOTA
WHEREAS, The Minnesota Department of Transportation (Mn/DOT) wishes to
cooperate closely with local units of government to coordinate the delivery of transportation
services and maximize the efficient delivery of such services at all levels of government;
and
WHEREAS, Mn/DOT and local governments are authorized by Minnesota Statutes
sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design,
construction, maintenance and operation of state and local roads; and
WHEREAS, the parties wish to able to respond quickly and efficiently to such
opportunities for collaboration, and have determined that having the ability to write "work
orders" against a master contract would provide the greatest speed and flexibility in
responding to identified needs; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota, as follows:
1. That the City of Golden Valley enter into a Master Partnership Contract with the
Minnesota Department of Transportation, a copy of which was before the Council.
2. That the following City officer is authorized to execute such contract, and any
amendments thereto:
Golden Valley City Manager
3. That the City Manager is authorized to negotiate work order contracts pursuant to
the Master Contract in accordance with Exhibit A, which work order contracts may
provide for payment to or from Mn/DOT, and that the City Manager may execute
such work order contracts in accordance with Exhibit A on behalf of the City without
further approval by this Council.
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 09-41 - Continued
July 21,2009
EXHIBIT A
Required City Maximum Maximum
Title Usage Signatures Dollar Term
Amount
Work Order Contract Professional and
with the Minnesota Technical Five years,
Department of Services provided but terminable
Transportation by or for City Manager $20,000 without cause
pursuant to Master Minnesota upon 30 days'
Partnership Contract Department of notice
for Professional and Transportation
Technical Services
Work Order Contract
with the Minnesota Routine Roadway Five years,
Department of Maintenance but terminable
Transportation provided by or for City Manager $20,000 without cause
pursuant to Master Minnesota upon 30 days'
Partnership Contract Department of notice
for Professional and Transportation
Technical Services
Work Order Contract
with the Minnesota Construction Five years,
Department of Administration but terminable
Transportation provided by or for City Manager $20,000 without cause
pursuant to Master Minnesota upon 30 days'
Partnership Contract Department of notice
for Professional and Transportation
Technical Services
MnlDOT Agreement No
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STATE OF MINNESOTA
AND
CITY OF GOLDEN VALLEY
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation hereinafter referred to as
the "State" and City of Golden Valley acting through its City Council, hereinafter referred to as the "Local Government".
Recitals
1. The parties are authorized to enter into this agreement pursuant to Minnesota Statutes ~s15.061, 471.59 and 174.02.
2. Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway
system.
3. Each patty to this Contract is a "road authority" as defined by Minnesota Statu~es S 160.02 (subd. 25).
4. Minnesota Statutes Section 161.39, subdivision I, authorizes a road authority to perform work for another road authority. Such
work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the
construction or reconstroction of roadways, and performing roadway maintenance.
5. Minnesota Statues ~ 114.02 (subd. 6) authorizes the Commissioner of Transportation to enter into agreements with other
governmental entities for research and experimentation; for sharing fucillties, equipment, staff, data, or other means of providing
transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or
that further development of innovation in transportation for the benefit ofthe citizens of Minnesota.
6. Each party wishes to occasionally procure services from the other party, which the parties agree will enhance the efficiency of
delivering governmental services at aU levels. This Master P81inership Contract provides a framework for the efficient handling
of such requests. This Master Partnership Contract contains terms generally governing the relationship between the parties
hereto. When specific services are requested, the parties will (unless otherwise specified herein) enter into a "Work Order"
contracts.
7. Subsequent to the execution of this Master Partnership Contract, the parties may (but are not required to) enter into "Work Order"
. contracts. These Work Orders will specity the work to be done, timelines for completion, and compensation to be paid for the
specific work.
8. The parties are entering into this Master Partnership Contract to establish terms that will govern all of the Work Orders
subsequently issued under the authority ofthis Contract.
Master Contract
1 Term of Master Contract
1.1 Effective Date: This contract will be effective on the date last signed by the Local Government, and all State officials as
required under Minn. Stat. ~ t 6C.05, subd. 2.
A paJ'ty must not accept work under tllis Contract, until it is fully executed.
1.2 E;\:plratio1l Date. This Contract will expire five years after its effective date.
1.3 Work Order Coltfracts. A work order contract must be negotiated and executed (by both the State and the Local
Government) for each particular engagement. The work order contract will specify the detailed scope of work and
deliverables for that engagement. A patty must not begin work under a work order until such work order is fully executed.
The terms of this Master Partnership Contract will apply to all work orders issued hereunder, unless specifically varied in the
work order. The Local Government understands that this Master Contract is not a guarantee of any payments or workorder
assignments, and that payments will only be issued for work actually performed under fully-executed work orders.
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1.4 Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order
contracts: 11. Liability; 12. State Audits; 13. Government Data Practices and Intellectual Property; 16. Publicity and
Endorsement; 17. Governing Law, Jurisdiction, and Venue; and 21. Data Disclosure. All terms oftbis Master Contract will
survive with respect to any Work Order issued prior to the expimtion date of the Master Contract.
1.5 Exltibits. A sample work order contract is attached and incorpomted into this contract as Exhibit A.
2 Scope ofWork/Deliverables
2.1 A party may request the other party to perform any of the following services under individual work order contracts.
2.1.1 Professional and Technical Services. A party may provide professional and technical services upon the request of
the other party. As defined by Minnesota Statutes ~16C.08 (subd. 1) professionaVtechnical services "means services
that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or
reconunendation; and result in the production of a report or completion of a task". Professional and technical
services do not include providing supplies or materials except as incidental to performing such services.
Professional and technical services include (by way of example and without limitation) engineering services,
surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as
performing appmisals or providing relocation assistance, but excluding the exercise ofthe power of eminent
domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open
houses. A palty will normally provide such services with its own personnel; however, a party's
professionaVtechnical services may also include hiring and managing outside consultants to perform work.
2.1.2 Routine Roadwav Maintenance. A party,may provide routine roadway maintenance upon the request ofthe other
party. Routine roadway maintenance services may include, but are not limited to; lane or edge striping, pavement
message painting, sign repair, guardrail repair, carcass removal, or equipment repair. Routine maintenance does not
include roadway reconstruction. All services must be performed by an employee with sufficient skills, training,
expertise or certification to perform such work, and work must be supervised by a qualified employee of the party
performing the work.
2.1.3 Construction Administration. A party may administer roadway construction projects upon the request of the other
party. Roadway construction includes (by way of example and without limitation) the construction,
reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal
systems, pavement mill and overlays, seal coating, guardmil installation, and channelization. These services may be
performed by tbe providing party's own forces, or the providing party may administer outside contracts for such
work. Construction administration may include letting and awarding construction contmcts for such work
(including state projects to be completed in conjunction with local projects). All contract administration services
must be performed by an employee with sufficient skills, training, expertise or certification to perfOlID such work.
2.2 When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to
perform the work. If a patty desires to perform such work, the parties will negotiate the specific and detailed work tasks and
cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific
project/engagement, although "on call" work orders may be prepared for certain types of services, especially for "routine
roadway maintenance" items as identified section 2.1.2. The work order will also identify specific deliverables required, and
timeftames for completing work. A work order must be fully executed by the parties prior to work being commenced. The
Local Government will not be paid for work performed prior to authorization by the State.
3 Responsibilities or the Providing Party \
The palty requesting the work will be referred to as the "Requesting Party" and the party perfonning the work will be referred to
as the "Providing Party". Each work order will set forth particular requirements for that project/engagement.
3.1 Terms Applicable to ALL Work Ortfers. The terms in this section 3.1 will apply to ALL work orders.
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3.1.1 Each work order will identify an Authorized Representative for each party. Each party's authorized representative is
responsible for administering the work order, and has the authority to make any decisions regarding the work, and to
give and receive any notices required or permitted under this Master Contract or the work order.
3.1.2 The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in
responsible charge of the project(s) and to supervise and direct the work to be performed under each work order. For
services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in
charge of the project. The services of the Providing Party under a work order may not be otherwise assigned, sublet,
or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent
will in no way relieve the Providing Party from its primary responsibilitY for the work.
3.1.3 If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering
andlor teclmical services from the State, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If the State furnishes the services requested, the Local Government
will promptly pay the State to reimbUl'Se the state trunk highway fund for the full cost and expense of furnishing such
services. The costs and expenses will include the current State labor additives and overhead rates, subject to
adjustment based on actual direct costs that have been verified by audit.
3.1.4 Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on' a project.
Any and all eff011, expenses, 01' actions taken by the Providing party before the work order contract is fllllyexecuted is
considered unauthorized and undertaken at the risk of non-payment.
3.1.5 In connection with the performance of this contract and any work orders issued hereunder, the Providing Agency will
comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or
permitted to award contracts in cOlmection with any work order, the Providing Party will require and cause its
contractors and subcontractors to comply with all Federal and State laws and regulations.
3.2 AtI(/iliollal Ternls lor ROlltille Roadway Mailltellallce. The terms of section 3.1 and this section 3.2 will apply to all work
orders for routine roadway maintenance.
3.2.1 Unless othenvise provided for by agreement 01' work order, the Providing Party must obtain all permits and sanctions
that may be required for the proper and lawful performance of the work.
3.2.2 The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and
operations.
3.2.3 The Providing Party must use State-approved materials, including (by way of example and without limitation), sign
posts, sign sheeting, and de-icing and anti-icing chemicals.
3.3 Additiollal Terms lor COllstruetloll Atlmillistratloll. The tenus of section 3.1 and this section 3.3 will apply to all work
orders for construction administration.
3.3.1 Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law.
3.3.2 Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount.
The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the
contractor.
3.3.3 Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of
Transportation Standard Specifications for Construction.
3.3.4 For work performed on State right-of-way, contractor(s) must be required to indemnity and hold the State harmless
against any loss incun'ed with respect to the performance ofthe contracted work, and must be required to provide
evidence of insurance coverage commensurate with project risk.
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3.3.5 Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
3.3.6 Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not
limited to applicable human rights/anti~discrimination laws and laws concerning the participation of Disadvantaged
Business Enterprises in federally-assisted contracts
3.3.7 The Providing party may approve minor changes to the Requesting Party's portion of the project work if such changes
do not increase the Requesting Party's cost obligation under the applicable work order.
3.3.8 The Providing Party will not approve any contractor claims for additional compensation without the Requesting
Party's written approval, and the execution of a proper amendment to the applicable work order when necessary. The
Local Government will tender the processing and defense of any such claims to the State upon the State's request.
3.3.9 The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office.
3.3.10 The Providing Party must coordinate all necessary detours with the Requesting Party.
4. Responsibilities of the Requesting Paa.ty
4.1 After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession
relating to the project that may be of use to the Providing Party in performing the work.
4.2 All such data furnished to the Providing Party wiII remain the property ofthe Requesting Party and will be promptly returned
upon the Requesting Party's request or upon the expiration or termination of this contract (subject to data retention
requirements of the Minnesota Government Data Practices Act and other applicable law).
4.3 The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data
to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before
proceeding with the part of the project affected. The Providing Party will investigate the matter, and ifit finds that such data
is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will
not be consideredjustification for an adjustment in compensation.
4.4 The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid
solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway
Construction, that are different from those required for State Aid construction.
4.5 The Requesting Party will perform final reviews andlor inspections of its portion of the project work. If the work is found to
have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining
funds due the Providing Party for the Project(s).
4.6 The work order contracts may include additional responsibilities to be completed by the Requesting Party.
5 Time
In the performance of project work under a work order contract, time is of the essence.
6 Consideration and Payment
6.1 COIlsideratioll. The Requesting Party will pay the Providing Party as specified in the work order.
6.2 State's Maximum Obligatioll. The total compensation to be paid by the State to the Local Government under all work order
contracts issued pursuant to this Master Contract will not exceed $1 million.
6.3 Travel Expellses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services,
and unless othenvise specifically set forth in an applicable work order, the Providing Party will not be separately reimbursed
for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases
where the State agrees to reimburse travel expenses, such expenses ,viII be reimbursed in the same manner and in no greater
amount than provided in the current liMn/DOT Tmvel Regulations" a copy of which is on file with and available from the
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MnlDOT District Office. The Local Government will not be reimbursed fpr travel and subsistence expenses incurred outside
of Minnesota unless it has received the State's prior written approval for such travel.
6.4 Payment.
6.4.1 Ge1terally. The Requestiltg Party will pay the Providing Party as specified in the applicable work order, and will
make prompt payment in accordance with Minnesota law.
6.4.2 Payment by tile Local Government. The Local Government will make payment to the order of the Commissioner of
Transportation. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNillOT CONTRACT
NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT. Remit payment to the address below:
MnfDOT
Attn: Cash Accounting
RE: MnlDOT Contract Number (see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
6.4.3 Payment by tlte State.
6.4.3.1 Generally. The State will promptly pay the Local Government after the Local Government presents an
itemized invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted as specified in the applicable work order, but no more
frequently than monthly.
6.4.3.2 Retainagefol' Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. * 16C.08, subd. 5(b), no more than 90 percent of the amount due under
any work order contract may be paid until the final product of the work order contract has been reviewed
by the State's authorized representative. The balance'due will be paid when the State's authorized
representative determines that the Local Government has satisfactorily fulfilled all the terms of the work
order contract.
7 Conditions of Payment
All work pelformed by the Providing Party under a work order contract must be pelformed to the Requesting Party's satisfaction,
as determined at the sole and reasonable discretion of the Requesting Party's Authorized Repl'esentative and in accordance with
aU applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the
State to be unsatisfactory or performed in violation of federal or state law.
8 Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts
8.1 The Local Government's Authot'ized Representative for administering this master contract is the Local Government's
Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's
Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without
approval of each proposed work order contract by its governing body.
8.2 The Local Government's Project Manager will be identified in each work order contract.
9 State's Authorized Representative and Project Manager
9.1 The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility
to monitor the State's performance.
9.2 The State's Project Manager will be identified in each work order contract.
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10 Assignment, Amendments, Waiver, and Contract Complete
10.1 Assigmllellt. Neither party may assign or transfer any rights or obligations under this Master Contract or any work order
contract without the prior consent of the other and a fully executed Assignment Agreement, executed and approved by the
same parties who executed and approved this Master Contract, or their successors in office.
10.2 Amelldmellts. Any amendment to this master contract or any work order contract must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved the original contract, or
their successors in office.
10.3 Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not
waive the provision or the party's right to subsequently enforce it.
1 OAContract Complete. This master contract and any work order contract contain all negotiations and agreements between the
State and the Local Government. No other understanding regarding this master contract or any work order contract issued
hereunder, whether written or oral, may be used to bind either party.
11 Liability.
Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is
governed by Minnesota Statutes chapter 466 and other applicable law. The State's liability is governed by Minnesota Statutes
section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other
party's failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any
environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a "Contractor" to
the Requesting Party, as the term "Contractor" is defmed in Minnesota Statutes ~115B.03 (subd. 10), and is entitled to the
protections afforded to a "Contractor" by the Minnesota Environmental Response and Liability Act.
12 State Audits
Under Minn. Stat. ~ 16C.05, subd. 5, the party's books, records; documents, 'and accounting procedures and practices relevant to
any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate,
for a minimum of six years from the end of this Master Contract.
13 Government Data Practices and Intellectual Property
13.1 Govemmeltt Data Practices. The Local Government and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Master Contract and any work
order contract, and as it applies to aU data created, collected, received, stored, used, maintained, or disseminated by the
Local Government under this Master Contract and any work order contract. The civil remedies of Minn. Stat. ~ 13.08 apply
to the release of the data referred to in this clause by either the Local Government or the State.
13.2. Intellectual Property Rights
13.2.1 Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual
property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and
Documents created and paidfor under work order contracts. Works means all inventions, improvements,
discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs,
negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or
originated by tbe Providing Party, its employees, agents, and subcontractors, either individually or jointly with
others in the performance of this master contract or any work order contract. Works includes "Documents."
Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives,
designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms,
prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract.
The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately
returned to the Requesting Party by the Providing Party upon completion or cancellation oHhe work order contract.
To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be
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deemed to be "works made for hire." The Providing Party Government assigns all right, title, and interest it may
have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request ofthe
Requesting Party, execute all papers and pelform all other acts necessary to transfer or record the Requesting Party's
ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the
Providing Party an irrevocable and royalty-free license to use such intellectual for its own non-commercial purposes,
including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies
such as the American Association of State Highway and Transportation Officials.
13.2.2 Obligations with Respect to Intellectual Property.
13.2.2.1 Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or
conceived for the first time or actually or constructively reduced to practice by the Providing Party,
including its employees and subcontractors, in the performance of the work order contract, the Providing
Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and
must promptly furnish the Authorized Representative with complete information and/or disclosure
thereon.
13.2.2.2 Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all
intellectual property rights in the Works and Documents are the sole property of the Requesting Party,
and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the
Works and Documents.
14 Affirmative Action
The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minnesota Statutes
~363A.36. Pursuant to that Statute. the Local Government is encouraged to prepare and implement an affirmative action plan for
the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the
Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work
under a work order issued pursuant to this Master Contract, it must include the following in the bid or proposal solicitation and
any contracts awarded as a result thereof:
14.1 Covered COII/racts alld COlltractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-
time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its
principle place of business, then the Contractor must comply with the requirements of Minn. Stat. ~ 363A.36 and Minn. R.
PaIts 5000.3400-5000.3600, A Contractor covered by Minn. Stat. ~ 363A.36 because it employed more than 40 full-time
employees in another state and does not have a certificate of compliance, must certifY that it is in compliance with federal
affinnative action requirements.
14.2 Mi1l1l. Stat. * 363A.36. Minn. Stat. ~ 363A.36 requires the Contractor to have an affirmative action plan for the
employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of
Human Rights ("Commissioner") as indicated by a certificate of compliance. The law addresses suspension or revocation
of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of
compliance may be voided. .
14.3 MimI. R. Parts 5000.3400-5000.3600.
14.3.1 General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. ~ 363A.36. Thesemles include, but are not
limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing
certificates of compliance and criteria for detennining a contractor's compliance status; procedures for addressing
deficiencies, sanctions, and notice and hearing; annual compliance repOlts; procedures for compliance review; and
contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action
plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts
5000.3420-5000.3500 and 5000.3552-5000.3559.
14.3.1.2 Disabled Workers. The Contractor must comply with the following affirmative action requirements for
disabled workers:
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(l) The Contractor must not discriminate against any employee or applicant for employment because of
physical or mental disability in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified disabled persons without discrimination based upon their
physical or mental disability in all employment practices such as the following: employment,
upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other
forms of compensation, and selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules and relevant orders of the Minnesota Depattment of
Human Rights issued pursuant to the Minnesota Human Rights Act.
(3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minnesota Statutes Section 363A.36, and tbe rules
and relevant orders of the Minnesota Department (!f Human Rights issued pursuant to the Minnesota
Human Rights Act.
(4) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of
Human Rights. Such notices must state tbe Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified disabled employees and applicants for
employment, and the rights ofapplicants and employees.
(5) The Contractor must notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the Contractor is bound by the terms of
Minnesota Statutes Section 363A.36, of the Minnesota Human Rights Act and is committed to take
affirmative action to employ and advance in employment physically and mentally disabled persons.
14.3.2 Consequences. The consequences for the Contractor's failure to implement its afftrmative action plan or make a
good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by
the Com!l1issioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this
contract by the Commissioner or the State.
14.3.3 Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. ~
363.073 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance.
15 Workerst Compensation
Each party will be responsible for its own employees for any workers compensation claims. TIlis Master Contract, and any work
orders issued hereunder, are not intended to constitute an interchange of government employees under Minnesota Statutes ~15.53.
To the extent that this Master Contract, or any work order issued hereunder, is determined to be subject to Minnesota Statutes
~15.53, such statute will control to the extent of any conflict between the Contract and the statute.
16 Publicity
16.1 Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must
identij)' the State as the sponsoring agency and must not be released without prior written approval from the State's
Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, rep0l1s, signs, and similar public notices prepared by or for the Local Government individually or jointly
with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work
order contract.
16.2 Data Practices Act. Section 16.1 is not intended to override the Local Govern.tt1ent's responsibilities under the Minnesota
Government Data Practices Act.
17 Governing Lawt Jurisdictiont and Venue
Minnesota law, without regard to its choice-of-Iaw provisions, governs this master contract and all work order contracts. Venue
for all legal proceedings out of this master contract or any work order contracts, or the breach of any sllch contracts, must be in
the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
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18 Prompt Payment; Payment to Subcontractors
The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. ~
16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require
its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment
from the Local Government for undisputed services provided by the subcontractor( s) and must pay interest at the rate of one and
one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the
subcontractor(s).
19 Minn. Stat. ~ 181.59. The Local Government will comply with the provisions of Minn. Stat. ~ 181.59 which requires: Every
contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district
in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring
of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material
supplier, or vendor, shaH, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the
United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of
any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or
persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is
a misdemeanor; and (4) Thatthis contract may be canceled or terminated by the state, county, city, town, school board, or any
other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this contract.
20 Termination
20.1 Terminatloll by tile State for Convenience. The State or commissioner of Administration may cancel this Master Contract
and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government.
Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for
services satisfactorily perfOlmed.
20.2 Terminatloll by tI,e Local Gove",mentfor Convenience. The Local Government may cancel this Master Contract and any
. work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, the
Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed.
20.3 Termlnntion for Insufficient Funding. The State may immediately terminate this Master Contract and any work order
contract if it does not obtain funding from the Minnesota legislature or other funding source; 01' if funding cannot be
continued at a level sufficient to allow for the payment ofthe services covered here. Termination must be by written or fax
notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the Local Government wiII be entitled to payment, detennined on a pro rata basis,
for services satisfactorily perfOlmed to the extent that funds are available. The State wiII not be assessed any penalty if the
master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source,
not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable
time ofthe State's receiving that notice.
21 Data Disclosure
Under Minn. Stat. ~ 270.66, and other applicable law, the Local Government consents to disclosure of its federal employer tax
identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax: agencies
and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of
federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent
state tax liabilities, if any.
22 Defense of Claims and Lawsuits
If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this Master Contract,
the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or
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allow the State to participate in the defense of such claims. The Local Government will, howevel', be solely responsible for
defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or
omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation,
settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local
Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
23 Additional Provisions
23.1 Foreigll Olltsourcing. If the Local Government lets a contract for professional/technical or other services pursuant to any
work order, the Local Government will require proposing vendorslbidders to disclose where work will be perfol'med, and
will use the extent to which services will be performed in the United States as a factor in detennining the "best value" in
awarding any such contract. It is the State's policy that state funds spent on contracts remain in the United States to the
maximum extent possible.
[The balance of this page has intentionally been left blank]
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LOCAL GOVERNMENT
The Local Government certifies that the appropriate
person(s) have executed the contract on behalf of the
Local Government as required by applicable articles or
bylaws.
By:
Title:
Date:
By:
Title
Date:
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By:
Title
Date:
By:
Date:
By:
Date:
MnlDOT Agreement No 94976
CMFS Contract No:
COMMISSIONER OF TRANSPORT A TION
(with delegated authority)
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Mn/DOT Contract Management
As to form & execution
d
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. G. Authorization to Sign the Amended Hennepin County Violent Offender Task Force
Co-operative Agreement
Prepared By
Stacy Altonen, Chief of Police
Summary
On November 3, 2008 the City Council approved authorizing the Mayor and City Manager to
sign the Hennepin County Violent Offender Task Force Co-operative Agreement between
Hennepin County Sheriff's Office and Golden Valley Police Department.
On the advice of the County Attorney, Section 7.4 has been added to this agreement stating,
"As applicable, under no circumstances shall a party be required to pay any amounts in
excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to
anyone party. The statutory limits of liability for some or all of the parties may not be added
together or stacked to increase the maximum amount of liability for any party." In summary,
this amendment states that all parties agree the limit of liability for each party should not be
added to the limit of liability of another party to attain a maximum liability amount that is of a
greater sum. While a judicial authority must make a final determination of liability, all parties
in this agreement concur that the maximum liability should be limited.
Attachments
Amended Hennepin County Violent Offender Task Force Co-operative Agreement (8 pages)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the amended Hennepin County
Violent Offender Task Force Co-operative Agreement.
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE
CO-OPERATIVE AGREEMENT
The parties to this Co-operative Agreement are units of government responsible for the
enforcement of laws in their respective jmisdictions. The parties desire to work cooperatively in the
enforcement of violent offender laws including but not limited to the enhancements and crimes set
forth in Minnesota Statutes ~ 609.1095, and, for that purpose, are hereby forming the Hennepin
County Violent Offender Task Force.
The undersigned governmental units, in the co-operative and mutual exercise of their
powers, agree as follows:
1. Name. The name of the co-operative powers entity shall be the Hennepin County Violent
Offender Task Force. (HCVOTF).
2. Definitions:
a. Officer - means a peace officer, employed by a Member, who is assigned to the
Task Force and has been approved by the Task Force Commander(s).
b. Board - means the governing board of the Task Force.
c. Fiscal Agent - Hennepin County agrees to perfonn this function during the initial
term of this Agreement.
d. Member - means a governmental unit that is a signatory to.this Agreement or a
counterpart.
e. Task Force - means the Hennepin County Violent Offender Task Force.
f. Task Force Commanders - means one (1) supervisor from the Hennepin County
Sheriff's Office. The original Task Force Commander will be assigned by HCSO
without Board action, but subsequent replacements shall be nominated and voted on
by the Board.
g. Non-Voting Member - means the Hennepin County Attorney's Office or the United
States Attorney's Office.
3. Members. The initial Members of the Task Force are the following governmental units:
Hennepin County Sheriff's Office
Brooklyn Park Police Department
Drug Enforcement Administration (DEA)
Golden Valley Police Department
3.1 The Members shall cooperate and use their best efforts to ensure that the various provisions
of the Agreement are fulfilled. The Members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
4. Term.
4.1 The term of this Agreement shall be for seven years, commencing December 1,2008 and
terminating March 31, 2015, unless tetminated earlier pursuant to section 1l.4 of this
Agreement. This Agreement may be extended by mutual written agreement of the parties
for one successive seven year term upon the same terms, conditions, and covenants, unless
the Task Force is dissolved prior to expiration of the initial or successive term.
4.2 Upon dissolution of the Task Force, the Board shall provide for the distribution of all Task
Force funds and assets in the following manner: (1) The Board may determine to sell and
liquidate non-monetmy assets prior to distribution; (2) Only governmental units that have
been Members of the Task Force continuously for the 24 months immediately preceding
dissolution shall be entitled to share in the distribution; and (3) Assets and funds shall be
distributed in proportion to the :full-time staffing contributions and other financial
contributions of each Member to the Task Force during the 24 months immediately
preceding dissolution, determined by the full time equivalent contributions of each Member
for each of the 24 months immediately preceding dissolution. Property owned by Members
shall be returned to the Members upon dissolution. A Member whose membership
terminates prior to dissolution of the Task Force is entitled to the return of its own property,
but is not entitled to any share or portion of Task Force funds or assets.
2
5. Executive Board.
5.1 The Task Force shall be governed by an Executive Board (Board). Members of the Board
will be known as "Directors." The Chief Law Enforcement Officer from each Member, or
his or her designee, shall serve as a Director. Each Director and, accordingly, each Member
agency is allowed no more than one (1) vote, regardless of the nmnber of employees
assigned to the Task Force or in attendance at any meeting from the respective Agency.
5.2 Directors shall not be deemed employees of, nor compensated by the Task Force.
5.3 The Hennepin County Sheriff shall be the chair of the Board. The Chair's responsibilities
include but are not limited to the following: giving notice of meetings when scheduled or
otherwise called; caIIing meetings to order and providing for their orderly and efficient
conduct; and providing for the preparation of minutes.
5.4 The Board will delegate operational control over activities to a Task Force Commander(s).
5.5 The Board shall meet on a quarterly basis or more .frequently as needed.
5.6 The Board may take action based on the vote of a simple majority. A quorum shall exist,
and votes may be taken, if a majority of the Directors or their designees are present.
5.7 The Board may recommend changes in this Agreement to its Members. Such changes shaIl
not become effective until the governing body of each Member ~ by resolution, approved
such changes.
5.8 Non-Voting' Members may attend Board meetings.
6. Powers and Duties of the Task Force.
6.1 To accomplish the objectives herein, all Task Force Members shall assign at least one peace
officer licensed pursuant to Minnesota Statutes ~ 626.84, subd.l, or similar licensing statute
or regulation, to the Task Force. The assigned peace officer must comply with Minnesota
Statutes ~ 471.59, suM 12.
6.2 A typical assignment to the Task Force should be for a minimum period of one year.
However, assignments shall be at the pleasure of both the Task Force Board and the
Officer's employing agency and may be terminated at any time.
6.3 The Task Force Commander(s) will direct investigative and enforcement activities based on
intelligence provided by the Task Force Members with priority given to case investigations
that directly impact the Members' Minnesota communities.
3
6.4 While assigned to the Task Force, all personnel shall be under the direct supervision and
control of the Task Force Commander(s) or his designee(s). The Task Force Commander's
duties shall include, but not be limited to:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing goals, priorities, and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations, if requested;
(f) Allocating overtime work, if necessary; and
(g) Approving officers to serve on the Task Force.
6.5 The Task Force Commander(s)shall cooperate with other federal, state, and local law
enforcement agencies to accomplish the purpose for which the Task Force is organized.
6.6 The governmental unit serving as the Fiscal Agent shall cause to be made an annual audit of
the books and accounts of the Task Force and shall make and file a report to its Members
which includes the following information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) Quarterly financial report;
(e) Other matters which affect the interests of the Task Force.
6.7 The Task Force's books, reports, and records shall be open to inspection by its Members at
all reasonable times.
6.8 Nothing herein 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 one of the
Members as the agent, representative or employee of another Member for any purpose or in
any manner whatsoever. Personnel assigned to the Task Force by one of the Members shall
not be considered temporary or permanent eDlPloyees of any other Member for any purpose
whatsoever or be entitled to tenure rigpts or any rights or benefits by way of workers'
compensation, re-employment insurance, ntedical and hospital care, sick and vacation leave,
severance pay, PERA or any other right or benefit of another Member.
4
6.9 The Members acknowledge and agree that it is their sole responsibility to provide all salary
compensation and fringe benefits to their separate employees. Benefits may include, but are
not limited to: health care, disability insurance, life insurance, re-employment insurance,
FICA, Medicare, and PERA.
6.10 The Members acknowledge and agree that it is their responsibility to provide the equipment
necessary to enable their assigned employee to complete their duties.
6.11 The Members acknowledge and agree that Hennepin County will provide initial start-up
funds, to include headquarter space.
6.12 The parties acknowledge and agree that entering into and carrying out the terms and
conditions oftbis Agreement will not violate or constitute a breach of any obligation binding
the party and shall comply with all applicable federal, state, and local laws including but not
limited to Minnesota Statutes ~ 471.59.
7. Liability.
7.1 Each Governmental Unit agrees that it will be responsible for its own acts and the acts of
its officers and employees and any liability resulting therefrom to the extent authorized
by law and shall not be responsible for the acts of the other Governmental Units or any
liability resulting therefrom. Each Governmental Unit acknowledges and agrees that it is
insured or self-insured consistent with the limits established in Minnesota state statute.
Each Governmental Unit agrees to promptly notify all Members if it becomes aware of
any potential Task Force related claims, or facts giving rise to such claims.
7.2 Each Member shall be responsible for uyuries to or death of its own personnel. Each
Member will maintain workers' compensation insurance or self-insurance coverage,
covering its own personnel while they are assigned to the Task Force or ate otherwise
participating in or assisting with Task Force operations or activities. Each Member waives
the right to, and agrees that it will not, bring any claim or suit against the Task: Force or any
other Member for any workers' compensation benefits paid to its own employee or
dependents, that arise out of participation in or assistance with Task Force operations or
activities, even if the ~uries were caused wholly or partially by the negligence of any other
Member or its officers, employees, or volunteers.
5
7.3 Each Member shall be responsible for damages to or loss of its own equipment. Each
Member waives the right to, and agrees that it will not, bring any claim or suit against the
Task Force or any other Member for damages to or loss of its equipment arising out of
participation in or assistance with Task Force operations or activities, even if the damages or
losses were caused wholly or partially by the negligence of any other Members or its
officers, employees, or volunteers.
7.4 As applicable, under no circumstances shall a party be required to pay any amounts in
excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable
to anyone party. The statutory limits of liability for some or all of the parties may not be
added together or stacked to increase the maximum amount of liability for any party.
8. Finances.
8.1 Task Force operations will be financed from funds and resources contributed by Members.
Members shall provide Officers to be assigned to the Task Force.
8.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
Members or otherwise received by the Task Force, and in such capacity is authorized to
receive all funds for deposit and make disbursements therefrom in accordance with
Hennepin County policy and generally accepted accounting principles. In coJYunction
therewith, the Fiscal Agent shall maintain current and accurate records of all obligations and
expenditures of Task Force funds in accordance with Hennepin County policy and generally
accepted accounting principles. It shall also produce quarterly financial and statistical
reports which shall be disseminated to all Directors and the Task Force Commander(s). The
Task Force shall maintain all such reports and related records for a period of six (6) years
after dissolution of the Task Force.
9. Oftieers.
9.1 The Task Force ComTllander(s), or his designee(s), shall refer disciplinary matters or other
instances . of misconduct involving an Officer to the Officer's Chief Law Enforcement
Officer for investigation, referral, or disposition. However~ nothing herein shall be
construed to prevent the Task Force Commander(s) from reporting suspected criminal
conduct directly to an outside agency for investigation.
6
9.2 Officers will be responsible for focused investigation on targeted violent offenders,
including intelligence management, case development, and case charging. Officers may
also assist other Officers in surveillance and undercover operations. Task Force Officers
will work cooperatively with assisting agencies. Officers acting under this Agreement in the'
jurisdiction of another Member are acting in the line of duty and in the .course of
employment and are authorized to exercise the powers of a peace officer therein.
10. Forfeiture, Seizures and Fines. All proceeds generated by Task Force operations shall be
returned to the Task Force. When the Task Force seizes property or funds in cooperation
with other law enforcement agencies, the Task Force Commander(s) and Task Force Board
will negotiate the distribution of the forfeited funds with those agencies.
11. Additional Members and Change in Membership.
11.1 A governmental unit may join the Task Force and become a Member upon approval by the
Board of Directors and execution of a copy of this Agreement by its governing body.
11.2 The Board of Directors may involuntarily terminate a Member if that Member has failed to
provide a minimum of one Officer to staff the Task Force for more than 12 consecutive
months.
11.3 In any case in which a party identified in parngraph 3 joins the Task Force after the effective
date. of this Agreement or any other governmental unit joins the Task Force pursuant to
paragraph 11.1, contributions by and reimbursement to such Members shall be equitably
determined and adjusted by the Board to reflect the participation by that Member for less
than one full year. The decision of the Board shall be final.
11.4 A Member may, upon ninety (90) days' written notice to all other Members, withdraw and
cancel its participation in this Agreement with or without cause.
12. Counterparts. This Agreement may be executed in seveml counteIparts, each of which
shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies,
caused this Agreement to be executed.
(signatures continued on the following page)
7
HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT
CITY OF GoLDEN VALLEY
The Golden Valley City Council duly approved this Agreement on the
day of
City of Golden Valley
Approved as to form
and legality:
Golden Valley City Attorney
By:
Its Mayor
And:
(signatures continued on the following page)
Public ~H~y
emoran
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. H. Authorization to Sign Joint and Cooperative Agreement for Use of Law Enforcement
Personnel and Equipment
Prepared .By
Stacy Altonen, Chief of Police
Summary
The Hennepin County Chief's of Police, in cooperation with the Hennepin County Sheriffs
Office, has updated the Mutual Aid Pact for all law enforcement agencies in Hennepin
County. This agreement regulates the sharing of resources among agencies within the
County.
Attachments
Joint and Cooperative Agreement for use of Law Enforcement Personnel and Equipment
(6 pages)
Resolution Adopting the Joint and Cooperative Agreement for use of Law Enforcement
Personnel and Equipment of July 1, 2009 from the Hennepin County Chief's of Pol.ice
Association Mutual Aid Pact (1 page)
Recommended Action
Motion to adopt Resolution Adopting the Joint and Cooperative Agreement for use of Law
Enforcement Personnel and Equipment of July 1, 2009 from the Hennepin County Chief's of
Police Association Mutual Aid Pact.
JOINT AND COOPERATIVE AGREEMENT FOR
USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
I. GENERAL PURPOSE
The general purpose of this Joint and Cooperative Agreement for Use of Law
Enforcement Personnel and Equipment ("Agreement") is to provide a means by which
a Party to this Agreement may request and obtain Law Enforcement Assistance from
other Parties when the Party deems such assistance necessary. This Agreement is
made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and
cooperative exercise of powers common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this agreement, the terms defined in this section shall have the
meanings:
Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a
Party to this agreement, at its own option. The Eligible Parties are the County of
Hennepin and every governmental unit authorized to exercise police powers within the
County of Hennepin, State of Minnesota.
Subd. 2. "Law Enforcement Assistance" means equipment and Personnel, including
but not limited to, licensed peace officers and non-licensed Personnel.
Subd. 3. "Party" means a governmental unit that elects to participate in this
Ag reement.
Subd. 4. "Requesting Official" means a person who is designated by the Requesting
Party to request Law Enforcement Assistance from other Parties.
Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance
from other Parties.
Hennepin County Chiefs of Police Association Mutual Aid Pact
Updated: March 2009
- 1 -
Subd. 6. "Sending Official" means a person who is designated by a Party to
determine whether and to what extent that Party should provide Law Enforcement
Assistance to a Requesting Party.
Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance
to a Requesting Party.
Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee.
Subd. 9. "RAPID" means the resource database available at rapidresource.org.
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that approve
this Agreement and execute a separate signature page to become Parties. Upon
approval, the executed signature page of this Agreement shall be sent to the Sheriff
along with a certified copy of the documentation evidencing approval.
Approval of this Agreement by a Party shall be evidenced by:
. for a municipality, a resolution adopted by the governing body, or
. for a non-municipality, a resolution adopted by the governing body or a letter
executed by an official with sufficient authority to bind that party which recites the
basis of that authority.
IV. PROCEDURE
Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the
person(s) of that Party who shall be its Requesting Official and Sending Official. A
Party may designate the same person as both the Requesting Official and the
Sending Official. Also, a Party may designate alternate persons to act in the absence
of an official.
Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need
for Law Enforcement Assistance from other Parties, such Requesting Official may, at
Hennepin County Chiefs of Police Association Mutual Aid Pact
Updated: March 2009
- 2-
their discretion, call upon the Sending Official of any other Party to furnish Law
Enforcement Assistance to and within the boundaries of the Requesting Party.
Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party,
the Sending Official may authorize and direct Personnel of the Sending Party to
provide Law Enforcement Assistance to the Requesting Party. Whether the Sending
Party provides such Law Enforcement Assistance to the Requesting Party and, if so,
to what extent such Law Enforcement Assistance is provided shall be determined
solely by the Sending Official (subject to such supervision and direction as may be
applicable within the governmental structure of the Party by which they are employed).
Failure to provide Law Enforcement Assistance will not result in liability to a Party.
Subd. 4. When a Sending Party provides Law Enforcement Assistance under the
terms of this agreement, it may in turn request Law Enforcement Assistance from
other Parties as "back-up" during the time that such Law Enforcement Assistance is
provided.
Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a
Requesting Party, the Sending Official may at any time recall such Law Enforcement
Assistance or any part thereof, if the Sending Official in their best judgment deems
such recall necessary to provide for the best interests of their community. Such action
will not result in liability to any Party.
Subd. 6. The Requesting Party shall be in command of all situations where Law
Enforcement Assistance is requested. The personnel and equipment of the
Responding Party shall be under the direction and control of the Requesting Party
until the Responding Party withdraws assistance.
Subd. 7. A Sending Party shall demand no charges or costs for Law Enforcement
Assistance rendered under this Agreement.
Hennepin County Chiefs of Police Association Mutual Aid Pact
Updated: March 2009
.3-
V. LIABILITY
Liability for Injury or Damage to Responding Party's Personnel or Equipment
Each party shall be responsible for its own personnel, equipment and for injuries or
death to any such personnel or damage to any such equipment. Responding
personnel shall be deemed to be performing their regular duties for each respective
Responding Party.
Worker's Compensation: Each party will maintain workers' compensation insurance or
self-insurance coverage, covering its own personnel while they are providing
assistance pursuant to this Agreement. Each party waives the right to sue any other
party for any workers' compensation benefits paid to its own employee or volunteer or
their dependants, even if the injuries were caused wholly or partially by the negligence
of any other party or its officers, employees or volunteers.
Damage to EQuipment: Each party shall be responsible for damages to or loss of its
own equipment. Each party waives the right to sue any other party for any damages
to or loss of its equipment, even if the damages or losses were caused wholly or
partially by the negligence of any other party or its officers, employees or volunteers.
Liability for Injury to Third Parties or Property Damage of Third Parties
The Requesting Party agrees to indemnify and defend against any claims brought or
actions filed against a Responding Party or any officers, employees, or volunteers of a
Responding Party for injury or death to any third person or persons or damage to the
property of third persons arising out of the performance and provision of assistance
pursuant to the Agreement. Under no circumstances shall a Requesting Party be
required to pay, on behalf of itself and other parties, any amounts in excess of the
limits of liability established in Minnesota Statutes. For instance, under no
circumstances shall a City or County party be required to pay on behalf of itself or
another party any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to anyone party. The limits of liability for the parties
may not be added together to determine the maximum amount of liability for a party.
Hennepin County Chiefs of Police Association Mutual Aid Pact
Updated: March 2009
-4-
The purpose of creating this duty to defend and indemnify is to simplify the defense of
claims by eliminating conflicts among the parties and to permit liability claims against
the parties from a single occurrence to be defended by a single attorney. Nothing in
this Agreement is intended to constitute a waiver of any immunities and privileges
from liability available under federal law or the laws of Minnesota.
VI. EFFECTIVE DATE
This Agreement shall become effective and operative beginning July 1st, 2009, 12:01
A.M., local time, for those Eligible Parties that have provided resolutions and executed
documents to the Sheriff by that date. An Eligible Party may join the Agreement after
July 1 st, 2009, by providing the necessary documents to the Sheriff.
This Agreement shall continue in force until a Party or this Agreement terminates
under the provisions of Section VII.
Upon the beginning date of this Agreement or any time after the beginning date that
an Eligible Party joins, this Agreement shall supersede, replace and void for the Party
the Joint and Cooperative Agreement for Use of Police Personnel and Equipment,
dated 1968, that provides for mutual aid.
The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever
there is a change, shall notify the designated Sending Officials. The Sheriff shall send
a copy of each Party's executed signature page to all Parties of this Agreement.
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw at any time upon thirty- (30) days' written notice to the Sheriff.
The Sheriff shall thereupon give notice of such withdrawal, and of the effective date
thereof, to all other parties. Parties that have withdrawn may rejoin after executing the
appropriate resolution and document. This Agreement will terminate when the number
of Parties to the Agreement falls below eleven (11).
Hennepin County Chiefs of Police Association Mutual Aid Pact
Updated: March 2009
-5-
HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION
MUTUAL AID PACT
SIGNATURE PAGE
IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement to
be executed for the police agency
Dated:
By:
Linda. R. Loomis, Mayor
Witness:
Thomas D. Burt, City Manager
Hennepin County Chiefs of Police Association Mutual Aid Pact
Updated: March 2009
-0-
Resolution 09-42
July 21, 2009
Member introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF
LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2009 FROM THE
HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT
WHEREAS, the City of Golden Valley has previously approved and participated in a
mutual aid agreement between the police agencies within Hennepin County to provide
cooperative use of police personnel and equipment; and
WHEREAS, the participating governmental units have determined that it is advisable
to clarify and update the language of that agreement.
NOW, THEREFORE, be it resolved, by the City Council of the City of Golden Valley,
that the Joint and Cooperative Agreement For Use of Law Enforcement Personnel and
Equipment, ("Agreement") dated July 1, 2009 from the Hennepin County Chiefs of Police
Association be approved; that the City of Golden Valley is withdrawing from the previous
Hennepin County Mutual Aid Agreement on the effective date in the new Agreement and
that the Mayor and City Manager are authorized and directed to execute said Agreement
on behalf of the City of Golden Valley as a participating member of the Agreement.
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.
M m dum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
3. I. Receipt of June 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 $5,073,376 at the end of June.
The 2009 unallotment from the State is estimated at $344,470.
Attachments
June 2009 General Fund Budget Report - unaudited (2 pages)
Recommended Action
Motion to receive and file the June 2009 General Fund Budget Report.
City of Golden Valley
Monthly Budget Report - General Fund
June, 2009 (unaudited)
Percentage Of Year Completed 50.00%
Revenue:
Over %
2009 June YTD (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,796,685 0 $8,466 ($11,788,219) 0.07% (1)
Licenses 151,425 10,354 156,465 $5,040 103.33%
Permits 703,000 57,493 324,483 ($378,517) 46.16%
Federal Grants - Vest Program 0 0 2,500 $2,500
State Aid 10,500 2,360 32,107 $21,607 305.78%
Hennepin County Aid 0 0 1,250 $1,250
Charges For Services:
General Government 36,020 285 11,551 ($24,469) 32.07%
Public Safety 172,080 3,409 107,702 ($64,378) 62.59%
Public Works 102,000 11,125 54,456 ($47,544) 53.39%
Park & Rec 391,050 27,596 197,817 ($193,233) 50.59%
Other Funds 1,187,000 537,338 567,793 ($619,207) 47.83%
Fines & Forfeitures 280,000 18,201 94,647 ($185,353) 33.80% (2)
Interest On Investments 230,000 0 0 ($230,000) 0.00% (3)
Miscellaneous Revenue 210,940 160,655 170,115 ($40,825) 80.65%
Transfers In 175,000 175,000 175,000 $0 100.00%
TOTAL Revenue $15,445,700 $1,003,816 $1,904,352 ($13,541,348) 12.33%
Notes:
(1) The first half taxes will not be received until July.
(2) Fines and Forfeitures is for May.
(3) Investments will be booked at year end.
Percentage Of Year Completed 50%
(unaudited)
Expenditures:
Over %
2009 June YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $333,565 25,681 183,129 ($150,436) 54.90% (5)
City Manager 820,770 62,255 355,735 (465,035) 43.34%
Admin. Services 1,555,470 292,775 798,085 (757,385) 51.31%
Legal 115,000 11 ,404 42,027 (72,973) 36.55% (1)
General Gov't. Bldgs. 602,500 30,970 241,606 (360,894) 40.10%
Planning 356,490 33,095 185,507 (170,983) 52.04%
Police 4,531,630 327,397 2,072,347 (2,459,283) 45.73%
Fire and Inspections 1,549,690 133,099 731,696 (817,994) 47.22% (2)
Public Works Admin. 312,430 22,625 147,204 (165,226) 47.12%
Engineering 674,750 33,907 248,248 (426,502) 36.79%
Streets 1,400,985 67,522 491,379 (909,606) 35.07%
Community Center 77,125 2,496 27,245 (49,880) 35.33%
Park & Rec. Admin. 642,845 43,701 290,757 (352,088) 45.23%
Park Maintenance 976,035 69,930 388,086 (587,949) 39.76%
Recreation Programs 432,680 58,012 153,943 (278,737) 35.58%
Risk Management 248,765 0 130,764 (118,001 ) 52.57% (3)
Transfers Out 814,970 489,970 489,970 (325,000) 60.12% (4)
TOTAL Expenditures $15,445,700 $1,704,839 $6,977,728 ($8,467,972) 45.18%
(1) This includes May ytd legal bill.
(2) Paid on Call Firefighters are now being paid monthly versus semi-annually.
(3) This includes two quarterly payments.
(4) This expenditure was lowered due to the unallotment.
(5) This amount includes services for YMCA and Home Free Shelter.
Hey
mo
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
"60 Days" Deadline: July 28, 2009
Agenda Item
4. A. Public Hearing - Ordinance No. 402 - Conditional Use Permit 09-67- Amendment NO.1 -
9405 Medicine Lake Road - George Kabalan, Applicant
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the June 22,2009 Planning Commission meeting, the Commission held an informal public
hearing to consider the application for an amended Conditional Use Permit (CUP) that would
permit truck and trailer rental along with the gas/convenience store that is located at 9405
Medicine Lake Road. After the hearing, the Planning Commission unanimously voted to
recommend approval of the amended CUP subject to the following conditions:
1. A new site plan updating the 9/1/95 site plan shall be submitted and be made a part of this
permit. The two equipment parking spaces shall be the two spaces south of the store and
closest to TH 169. There shall be a total of 9 parking spaces for customers, employees
and equipment display. The parking spaces on the property shall be clearly designated
and striped and the two spaces for the rental trucks shall be clearly marked
2. The property may be used as a gas/convenience store with one automated car wash bay.
Also, up to two trucks or trailers may be displayed for rent on the site in the location
identified in the above Condition NO.1.
3. All signage on the site will meet the requirements of the City's sign code by no later than
August 31,2009.
4. "No parking" signs shall be installed per the Fire Marshal along the west side of the shared
driveway adjacent to TH 169 by no later than August 31,2009.
5. All other applicable local, state, and federal requirements shall be met.
6. Failure to comply with one or more of the above conditions shall be grounds for revocation
of the CUP.
I am attaching a copy of my memo to the Planning Commission dated June 17, 2009. This
memo goes into detail regarding the application. Also attached is the minutes from the June
22, 2009 Planning Commission meeting that summarizes the Planning Commission's
discussion on this application.
In summary, the application recommended for approval by the Planning Commission would
allow Mr. Kabalan to park two rental trucks or trailers in the rear parking lot. Mr. Kabablan
noted that these are local trucks or trailers that are rented at this location and returned only to
this location. This will not be a location where other U-haul products may be returned.
Attachments
Location Map ( 1 page)
Planning Commission Minutes dated June 22,2009 (6 pages)
Memo to Planning Commission dated June 17,2009 (4 pages)
Conditional Use Permit No. 95-67 dated October 17, 1995 (1 page)
Memo to the Planning Commission dated September 22,1995 (5 pages)
Memo to the City Council dated October 10, 1995 (2 pages)
Ordinance No. 421, Approval of Amended Conditional Use Permit 09-67, Amendment #1, 9405
Medicine Lake Road, George Kabalan, Applicant (2 pages)
Photo of the Site (1 page, loose in agenda packet)
Site Plan dated September 1, 1995 (1 oversized page, loose in agenda packet)
Recommended Action
Motion to approve Ordinance No. 421, Approval of Amended Conditional Use Permit 09-67,
Amendment #1, 9405 Medicine Lake Road, George Kabalan, Applicant.
Subject Property:
9405 Medicine Lake Rd.
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Regular Meeting of the
Golden Valley Planning Commission
June 22, 2009
A regular meeting of the Planning ommission was held at the Golden Valley City Hall,
uncil Chambers, 7800 Golden lIey Road, Golden Valley, MinDesota, on Monday, June
.,-,.~;>,.
2 , . Vice Chair Waldhauser lied the meeting to or : 'pm.
1.
, 009 Regular Plan, ng Commission Meeting
."'{:
, l"i
M9 . by Eck, seconded by Mclr, rty and motioncarrif.1d, dhanimously to approve the
utes as submitted. If
.'
2: Informal Public Hearing - Conditional Use Permit - Amendment #1 -
9405 Medicine Lake Road - CU-67 A1
Applicant: Winner Gas/CQovenience St~re, George Kabalan
Address: 9405 Medj~iliet,.~kelKoad
Purpose: To allow the~Ji>fi)ncant to rent U-Haul trucks at his existing location in the
Cofttm~rcial:zoning district
Grimes referred to a location map and noted that this property is at the intersection of
Highway 169 and Medicine Lake Road. He explained that the applicant would like to
amend }he existill~R?nditional Use Permit for this property to allow him to rent two U-
Haul truc~~ alQflg with h.is gas station, car wash and convenience store.
Grim~~ explai~edtnat the original gas station did not require a Conditional Use Permit. In
1995 w~~n th10wner wanted to install his car wash, the City required him to obtain a
Conditional>U$e Permit. He referred to the existing Conditional Use Permit and the site
plan and showed the area where the applicant would like to park the rental trucks. Grimes
stated that he would like the trucks to be located in the two furthest west parking spaces
behind the building and not where the applicant is proposing in order to allow better
access to the car wash.
Grimes stated that the applicant has been renting U-Haul trucks for a couple of years.
However it was only recently brought to his attention because there were several trucks
parked along an easement area which was supposed to be posted "no parking" according
to the originaLConditional Use Permit. He added that he allowed the applicant to continue
Minutes of the Golden Valley Planning Commission
June 22, 2009
Page 2
renting two trucks during the time it took to go through this Conditional Use Permit
amendment process and upon visiting the site this evening he noticed that there are
currently two trucks and two trailers parked on this lot which is disappointing because that
was not his agreement with the applicant.
Grimes referred to the site plan and stated that originally the City required 15 parking
spaces on this site for the gas station/convenience store. He stated that he did a
recalculation of the parking spaces needed based on current parking req~iF~Tents and
feels 7 parking spaces will meet the needs of this property. He said he~~esn~~tpink the
number of parking spaces will be an issue however cars should not be parked in<the
access easement area and the "no parking" signs should be inst~lled pel"the orig'il'lal
Conditional Use Permit agreement.
Grimes stated that another issue he is concerned about is thenonT9bnforTiog signage on
the property. He explained that the City's sign code administrator Rog~rMcCabe has
been dealing with the property owner regarding the aJTl()Llrl~.<~f si~nage()n the property.
Therefore he is recommending as a condition of apptov~1 thatthesignage on the property
be brought into conformance by August 31 , 200~.
Kluchka asked Grimes to clarify what the ~ign~r(j~l~m is. ~times showed the
Commissioners photos of the site and ~t~ted th~t the applicant probably has double the
amount of signage allowed. Waldhausera~k~qfa.t>{)l.Jtthe allowed amount of signage.
Grimes said he doesn't know what~heal.low~d amount of signage is for this property
because some of the signs maybe "grandfathered" in. He added that the sign code is not
part of the zoning code and su~ge$tedJhat the applicant meet with Roger McCabe to
come up with a sign plan in order to bring his property into conformance.
Grimes reiterated th~t if the~H~licant rents two U-Haul trucks or trailers he doesn't think
this proposal will be~ni~~ue.l~rowever there starts to be more trucks or trailers on the
property there .~ould ~ iss'~~~..witp the access to the car wash and the un-striped parking
area in the back>pf the~!.JtldingbKluchka asked how many available parking spaces would
be availablrfor rent~1 aotivity. Grimes referred to the site plan and pointed out that there
are 4 parkin~t$p~~~~iHtn~ front of the building and 11 spaces behind the building. He
reiterated thathe feels the parking requirement for this property can drop from 15 spaces
to 7 spaces.Jeaving them with 8 spaces more than what is required. Kluchka asked how
many spaces would be used for the rental trucks. Grimes stated that the applicant is
asking for permission to have 2 rental trucks on his property. Waldhauser asked if some
of the spaces behind the building are not usable for parking because of the need to
access the car wash. Grimes said it is his understanding that the spaces in the back
haven't been striped because there really isn't a need for them.
Waldhauser asked why it would be a problem to allow the applicant to have more than 2
rental trucks on this property since they have enough parking spaces. Grimes said the
Planning Commission could recommend that the applicant be allowed to have more than
2 rental trucks however he is concerned at this point that more trucks would be parked on
this property than are allowed.
Minutes of the Golden Valley Planning Commission
June 22, 2009
Page 3
McCarty referred to the signage requirements and asked about the City's recourse on
businesses that don't comply with the sign code requirements. Grimes stated that it would
be considered a misdemeanor violation of the City Code however staff likes to work with
people first to try to bring their properties into conformance if that doesn't work than the
matter could be taken to court.
McCarty asked if the owner has been approached by the City regarding the non-
conforming sign issues. Grimes said it is his understanding that Roger Mc9abe has
spoken with the property owner regarding the signage at this property.
Waldhauser referred to the easement on the east side of the par~~@g 10t~Q? ask~? if
landscaping or planting can be done in easement areas. Grim~~Said tbat~t@nt~/~an be
placed in easement areas. . .
Kluchka asked Grimes what part of the City Code or w9~t depa~men~?m~'s with the
striping of parking lots. Grimes said the Planning and PubliR.Wor~s Departments would
work with applicants regarding the striping of theiLparkin~ lot. KJURhka asked if it would be
appropriate to require as a condition of approval~hat the Pliirking lot be appropriately
striped to encourage good circulation and access to the car wash.
George Kabalan, Applicant, stated that he has parkedU~Haul trucks on this lot and in the
easement area for 2 years now and no one has~ajd anything. He agreed that Mr. Grimes
allowed him to keep renting 2 truck~ during this Cohditional Use Permit amendment
process and that the 2 trailers Mr...Grimes sawpn the property earlier this evening belong
to an employee who wasn't aware that there were only supposed to be 2 trucks on the
property. He added that th~trail~fs wiU be removed in the morning. He stated that he
would like to be allowed tQJent ~p trucks to help him improve his business. He referred
to the signage issues and said be would work with Roger McCabe to come up with a
signage plan. Waldtij~q~mr asl<~~ the applicant if he has spoken with Mr. McCabe in the
past. Kabalan said hehasttpt/W@ldhauser asked about the "no parking" signs that are
supposed to be located on the west access road. Kabalan said there are no signs
regarding parking at all on his property. Waldhauser noted that the requirement regarding
the installation of "no parking" signs pre-dates this current property owner.
Kluchka ask~dth(;}. applicant if it would be helpful or useful to him to have more than 2
rental trucks.i'<aba'tan said it would help him get more business if he could have more
trucks but he wpuld do whatever the City allows him to do.
Grimes asked the applicant about the size of trucks he would be renting. Kabalan said the
longest truck he would rent will be 17 feet.
Waldhauser referred to the 5 parking spaces behind the building that aren't routinely used
and asked if that is where people drive to access the car wash. Kabalan said he would be
willing to re-strip the parking lot in order to make parking, circulation and access easier.
Minutes of the Golden Valley Planning Commission
June 22, 2009
Page 4
Cera asked the applicant to describe the rental business. Kabalan said he would have 2
trucks and people can rent them for "in town" or local use. He said there would not be
customers dropping of trucks from different locations.
Waldhauser opened the public hearing.
Kimberly Vedo, representing Hillsboro Court Apartments, 2911 Hillsboro Ave. N., New
Hope, said she opposes this proposed use because she doesn't think it'~/:~;~;r~ctive to the
community particularly with the improvements other property owners in;:!t1e ar~~;; have
made and this use will not enhance the community at all. She said that,ypicallyl..)-Haul
dealerships are found in communities that have a lot of economic and crime issues. She
added that this corner with the gas station and liquor store is already not very attractive
and a U-Haul dealer won't help the situation.
Waldhauser asked Vedo if her concern is just the appearance of the l..)_~aUI vehicles or
something else. Vedo said she thinks the U-Haul trucks \tV~l.Jld reflect negatively on the
neighborhood and would give people a bad perc7~ti(l)rlQf the~r7~;,She added that a U-
Haul dealership is not something she would con~iCler to n attractive attribute when
marketing her apartments.
McCarty stated that the U-Haul dealership couJ(~i beSeena$ an attractive amenity to the
apartment residents. Vedo said that shegeneraUy.qQesn't encourage her residents to
move.
Waldhauser questioned if it vy?ulamak~a difference from an appearance stand point if
the U-Haul trucks were located b~hinq the gas station. Vedo said that would be preferable
to having them in the frontpr on the side. She added that there are just certain things that
don't necessarily reflect poSi~iy~l1' on a community such as pawn shops, U-Hauls, check
cashing stores, tobaQcQ<~hopSi'7tc. and those types of things fall into neighborhoods that
are not as desirable as shevy?~fdJike hers to be. Grimes referred to the location map and
reiterated whereh.e is r~99mmending the trucks be parked. He said he thinks it will be
hard for P7o~le tos~7 th~trucks if they are parked where he is recommending and not in
the easemel'1taf~~.Hesaiq he thinks the signage on the site is more of an issue.
Ec~ asked~7da~~o she is referring to when she says "we". Vedo said she is speaking
fortt1~ ownet~ndJ9artnership group for the property. Eck asked if she is speaking on
behalfqf the r~l'1ters or if any of the renters have complained. Vedo said she is not
speaking on behalf of the renters and she hasn't had any complaints yet, but typically she
hears from renters about issues after the fact.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public
hearing.
McCarty asked the applicant how long he has had U-Haul trucks at his location. Kabalan
said he has been renting the U-Haul trucks for two years. He added that he realizes the
Sinclair station across the street is newer but that is not what is important. What is
Minutes of the Golden Valley Planning Commission
June 22, 2009
Page 5
important is how he serves people in the community. He said he willing to find a solution
regarding the signage and he is willing to park the trucks in the specified location but he
feels no one from the apartments will be able to see the trucks.
Waldhauser said doesn't have too much concern about this proposal except for the
signage issues. She said the appearance of this property is important because it is an
entrance to Golden Valley. She noted that there is landscaping in the front and trees on
the highway side of the property however she wishes there were trees between this
property and the McDonald's next door to the east. She said there seems t6beadequate
parking even with a couple of trucks parked in the back. She added th~t it would be nice
to have the parking clarified with "no parking" signs in the easem~nl area~nd striy:>;,ng to
indicate where cars should go.
Schmidgall said he doesn't want to cripple a thriving busines~(;put~~ts prog.~rty is visually
chaotic and he is disappointed that it has been out of c2rnplian~~ will<~~~(sign ordinance
for 14 years and the "no parking" signs haven't been inst~U~d in 14 years. He would really
like to see this property brought into compliance with the original Conditional Use Permit.
He said he would also like to limit the number of U-Haul trucks to 2 in order to keep the
visual chaos to a minimum.
McCarty agreed that the number of rental truck$shdulq be limited to 2 and added that the
City also needs to do its part to enfor~eth~ c()f"i<:Jiti.~p~in the Conditional Use Permit. Cera
also agreed with the idea of limiti~~tt1eJ1Ufl1p~r of trucks to 2 and suggested a condition
be placed on the approval that t~~prop~l"tY SA()fJld be brought into compliance before the
proposal goes to the City COYIJ~il;'~lu~~ka saidne agrees that progress toward sign
compliance should be sho~m.
Waldhauser reviewe~ the C~J'l~,fiOns in the original Conditional Use Permit. She stated
that the suggested n~V!f92nditi()ps for this amendment request are as follows: 1) The
parking space~./on th~pro~~rtY shall be clearly designated and striped and the two
spaces for the reptal trllSks should be clearly marked; 2) All signage shall meet the City's
sign code re9uirern~ntsby no later than August 31, 2009 and 3) "no parking" signs shall
be installed~rt~~...~i~~M~rshall, along the west side of the shared driveway adjacent to
TH 169t:>y noJ~terthan;August 31,2009.
Kluchka sugg~stectthey add a condition regarding landscape screening of the parking
area for adjac$nt properties. McCarty said he would be in favor of requiring landscape
screening if there were adjacent residential properties but it doesn't seem fair to put the
landscape cost burden on this applicant. The Commissioners agreed.
McCarty asked about the process for revoking a Conditional Use Permit if the conditions
are not met. Grimes said staff typically tries to work with property owners before revoking
their Conditional Use Permits. He added that for a Conditional Use Permit to be revoked
staff would have to receive a complaint or notice some gross violation of the Conditional
Use Permit.
Minutes of the Golden Valley Planning Commission
June 22, 2009
Page 6
McCarty said he is concerned that the deadline of August 31 to bring the property into
compliance is arbitrary and won't mean anything to the applicant or the City so he'd like to
see some progress on the site before the applicant is allowed to go to the City Council.
Cera agreed he would like to see some progress before the proposal gets approved by
the City Council. Grimes stated that the applicant has been working with Roger McCabe
to bring his property into conformance with the sign code.
Waldhauser asked if the sign code deals with aesthetic issues or if signa
on allowing a certain amount. Grimes said there are no design standar
than in the 1-394 Mixed Use zoning district.
i~only based
tiS' ns other
Kluchka asked the Commissioners for their opinion about howvisl61e tl"le rEe~tal trucks will
be to the rest of the neighborhood. Schmidgall said he is happy with Mr. Grimes'
recommendation for the location for the rental trucks.
Kluchka suggested that the applicant be required to submit a revised plan showing the
parking lot striping, designated truck rental spaces>andthe location of any signs. Grimes
agreed that would be a good idea.
MOVED by Schmidgall, seconded by Cerc:lia mQtion carri~d unanimously to
recommend approval of an amended CG)Aditio UsePerrnit at 9405 Medicine Lake
Road to allow the applicant to rent U-HaUltru~k$c:lt~is existing location in the
Commercial zoning district with the..foUowingconditions:
1. A new site plan updating the 9/1/95 site plan shall be submitted and be made a part
of this permit. The two equipment parking spaces shall be the two spaces south of
the store and closest to TH 16.9. There shall be a total of 9 parking spaces for
customers, employees anqequipment display. The parking spaces on the property
shall be clearly desig 11 ated and striped and the two spaces for the rental trucks shall
be clearly marked
2. The propertyO'lay b~N~edas.a gas/convenience store with one automated car wash
bay. Also, up tOt\{lfo tti~pks or trailers may be displayed for rent on the site in the
locationid€}ntifi~~intheiabove Condition NO.1.
3. All sign~geQr the site wi II meet the requirements of the City's sign code by no later
than August 31.. 2009.
4. "N9 parking1'signs shall be installed per the Fire Marshal along the west side of the
shared driv~vvay adjacent to TH 169 by no later than August 31,2009.
5. All other c:lfl)plicable local, state, and federal requirements shall be met.
6. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the CUP.
--Short Recess--
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
June 17, 2009
To:
Golden Valley Planning Commission
From: .
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing on Amended Conditional Use Permit (CUP) to
Permit Truck and Trailer Rental in Addition to the Gas/Convenience Store
with Car Wash at the Winner Gas/Convenience Store at 9405 Medicine
Lake Rd., George Kabalan, Applicant
George Kabalan is the owner of the Winner Gas/Convenience store at 9405 Medicine Lake
Road. In 1995, a Conditional Use Permit (CUP) was issued to this property by the City
Council in order that the gas station could be converted to a gas/convenience store with a car
wash bay. Prior to that time, the gas service station operated without a CUP because it was
constructed at a time when a CUP was not required for the operation of a gas service station.
Therefore, it was considered a nonconforming use that could be continued as long as
changes to the operation were not made. In 1995, the owner changed the full service gas
station to a gas/convenience store and a car wash bay. This change could be done only by
obtaining a CUP from the City in 1995. Attached is a copy of the 1995 CUP. The site plan
submitted in 1995 is the same as the one submitted by Mr. Kabalan with the exception of the
two designated spaces for rental trucks.
The amended CUP is required because the Commercial zoning district allows equipment
rental only with a CUP. Recently, staff noticed that there were often U-Haul vehicles and
trailers on the site. According to the applicant, he has been doing this U-Haul operation for a
couple of years. Staff spoke to Mr. Kabalan last month and told him that he would have to
apply for a CUP if he wanted to continue renting U-Haul vehicles. (He has been permitted to
keep two U-Haul vehicles parked on the site during the CUP process.) He is proposing to
have space to display and store two U-Haul trucks or trailers. He has had more on the site
over the past couple of months but he has agreed to reduce the inventory to no more than
two at a time due to space limitations.
This property is guided on the General Land Use Plan map for Commercial purposed. The
property is also zoned Commercial. Within the Commercial zoning district, convenience
store, gas stations, equipment rental and car washes are permitted only by CUP.
1
I am attaching a copy of my memo to the Planning Commission dated September 22, 1995
and my memo to the City Council dated October 10, 1995. In these memos I describe the
site and the proposed CUP that allowed the existing gas/convenience store with a car wash
bay. There have been no additional buildings added to the site since 1995. I am also
attaching a copy of the CUP issued in 1995 and the site plan that is part of the CUP. This site
plan is the same one used by the applicant for the amended CUP.
Generally, the existing gas/convenience store with car wash bay has operated within the
terms of the CUP. There are a couple of areas of concern that will have to be addressed in
an amended CUP. First, the existing CUP states that all signage shall meet the City's sign
code. The existing site exceeds the signage permitted by the sign code. Staff suggests that
the amended CUP state that site shall meet the sign code requirement by no later than
August 31,2009 or the City Council will consider revocation of the CUP. Second, the existing
CUP states that the shared driveway along the west property line that also serves the
commercial building to the south shall have "no parking" signs installed. The signs have
either been removed or never installed. This ~hould again be included in an amended CUP
and the signs installed by no later than August 31, 2009.
In terms of the parking for the site, the site plan submitted in 1995. and for the amended CUP
indicates 15 spaces on the site. This number of spaces has been more than adequate for the
gas/convenience/car wash operation. Since 1995, the City has amended the parking code
which has reduced the number of spaces required from 15 to 7. The updated parking
requirements are one space for each 250 sq. ft. of gross retail floor space. The store is 1,500
sq. ft. in area. There are not specific parking requirements for gas sales at a convenience
store or an automated, one bay car wash. Staff believes that it is reasonable to use the one
space for each 250 sq. feet of gross retail floor space as the total parking requirement. The
parking requirement for equipment rental is one space for every 2,000 sq. ft. of display area.
There will be less than 500 sq. ft. of display area (two parking spaces). Using the one space
for each 250 sq. ft. of gross floor area for the gas/convenience store with car wash bay and
one space for the rental display area, the total spaces required by the existing parking code
is 7 in addition to the 2 parking spaces to display U-Haul trucks or trailers.
The site plan shows four spaces in front of the store along the east property line and 11
spaces along the south property line or at the rear of the store. Staff has been to the store
several times and the rear spaces have been either empty or used by one of the two rental
trucks. Also, only a few of the rear spaces are striped because the area behind the store is
marked to improve flow to the car wash bay. Staff recommends that the first two spaces
behind the store closest to TH 169 be used for the display of the trucks or trailers. The
remaining three required spaces would be next to the two truck spaces. The remaining
spaces behind the store could be eliminated. (Please note that the trash enclosure has been
moved to the east property line near the entrance to the car wash bay on the south side of
the store.)
The owner states that the hours of operation for the store are 6 am to 11 pm each day. Staff
does not think that there should be any restrictions on hours due to the location adjacent to
TH 169.
2
FACTORS FOR CONSIDERATION
When considering the approval or denial of a CUP, City Code requires that findings be made
on ten specified factors. Staff evaluation of the ten factors as they relate to the current
proposal is as follows:
1. Demonstrated Need for the Use: The City's standard basis for determining need is that
an applicant has identified a market for the proposed goods or services. In this case, the
applicant has decided there is a market for truck and trailer rental.
2. Consistency with the Comprehensive Plan: The Plan map identified the site for
commercial uses. The property is also zoned Commercial. A gas/convenience store and
equipment rental store are considered consistent with the land use designation.
3. Effect on Property Values in the Area: The adjoining areas are commercial. There are
no residential areas abutting this property. The added display of two trucks on this site will
not have a negative impact on property values in the area.
,
4. Effect of any Anticipated Traffic Generation upon Current Traffic Flows and
Congestion in the Area: Staff does not believe that the added business of renting two U-
Haul vehicles will have a significant impact on the area. Medicine Lake Road is
considered an arterial street and TH 169 is a freeway.
5. Effect on any Increase in Population: Since this is not a residential use, the population
will not increase due to the truck or trailer rental.
6. Increase in Noise Levels: Staff does not believe that the truck or trailer rental will cause
an increase in noise levels. The property is located adjacent to TH 169 that creates a
significant amount of noise on its own. Because this property is not next to any residential
areas, the noise caused by the two trucks should not be a problem. Many times during a
week, there will be no trucks at the site because they will be out on rental.
7. Any Increase in Flies, Rats, or other Vermin Caused by this Use: The proposed use
should not increase the number of animal pests in the area.
8. Any Odor from Dust, Gas or Vibration Caused by the Use: It is not anticipated that the
proposed use would increase any of these nuisances.
9. Visual Appearance of Proposed Structure or Use: The appearance of the site would
remain the same except for the parking of two trucks or trailers behind the store. With the
removal of signs not permitted by the sign code, the visual appearance of the site will
improve.
10. Other Concerns Regarding the Use: No other potential sources of impact on the
general health, safety or welfare have been identified by staff.
RECOMMENDED ACTION
Staff recommends approval of an amended CUP that would allow the existing
gas/convenience store with car wash to rent up to two trucks or trailers. The trucks or trailers
would be parked in the two westernmost spaces south of the store. Staff believes that there is
adequate space on the site for this small equipment rental business in addition to the existing
3
uses. Due to the nature of the business at 9405 Medicine Lake Road, there is small parking
demand. Most people that are using the convenience store are buying gas and leave the car at
the pump while making inside purchases. There is more than adequate stacking for cars using
the car wash even with a couple of cars parked south of the store. The following conditions are
recommended for the amended CUP:
1. The site plan submitted to the City (titled "Parking Layout") shall become part of this
permit. The plan is dated 9/1/95. The two equipment parking spaces shall be the two
spaces south of the store and closest to TH 169. There shall be a total of 9 parking
spaces for customers, employees and equipment display.
2. The property may be used as a gas/convenience store with one automated car wash bay.
Also, up to two trucks or trailers may be displayed for rent on the site in the location
identified in the above Condition NO.1.
3. All signage on the site will meet the requirements of the City's sign code by no later than
August 31,2009.
4. "No parking" signs shall be installed along, the west side of the shared driveway adjacent
to TH 169 by no later than August 31,2009.
5. All other applicable local, state, and federal requirements shall be met.
6. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the CUP.
Attachments:
Location Map (1 page)
Conditional Use Permit No. 95-67 dated October 17, 1995 (1 page)
Memo to the Planning Commission dated September 22, 1995 (5 pages)
Memo to the City Council dated October 10, 1995 (2 pages)
Photo of the Site (1 page)
Site Plan dated September 1, 1995 (1 oversized page)
4
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 95-67
Date of Approval:
Qctober 17. 19~5 by ,the, City. CQuncil inacQofdanceVlli~h... .
SeGtion. 11.10. Bubd ~ .2. ~ndSection11.30 of the City Zoning
Code. .
Issued To:
MarceUino Hark
Approved Location:
9504 Medicine Lake Road, Golden Valley. Minnesota
Approved Conditional
Use:
Allow ;theproperty to be used ~s agas/convenience store in
the Commercial ZQningDistrict
Conditions of Approval:
1, The site plan submitted to the City (€ntitled "Parking Layout") shall become part of this
permit. The plan is dated 9/1/95. This shall include 15 parking spaces.
2. The property at 9504 Medicine Lake Road may be used for a gas/convenience store with
one car wash bay.
3. The parking lot to the south of the store will be repaved and concrete curb and gutter
installed no later than July 1, 1996.
.
4. All signage on the site will meet the City's sign ordinance.
5. The owner shall install"no parking" signs along the west edge of the driveway shared with
the two stores to the south.
6.. The owner shall maintain, in good order, the driveway shared with the two stores to the
south.
7. Petitioner shall provide a copy of the easement agreement to the City of Golden Valley no
later than December 15, 1995.
8. All other applicable City and State requirements shall be met.
9. Failure to comply with one or more of the above conditions shall be grounds for revocation
of the Conditional Use Permit.
Issued By:
Mark W. Grimes, Director of Planning and Development
Warning:
MEMORANDUM
Date:
September 22, 1995
To:
Golden Valley Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing -- Conditional Use Permit -. To allow the
conversion of the Union 76 station at 9504 Medicine lake Road to
be used as both a service station and convenience store ..
Marcellino Hark, applicant
~
Marcellino Hark has requested a Conditional Use Permit (CUP) to allow the Union 76
station at 9504 Medicine Lake Road to be used as both a gas station (gas pumps only)
and a convenience store. Within the Commereial Zoning District, gas stations and
convenience stores are only permitted with a CUP. In the past, this station has been a
full service gas station with repair bays. Mr. Hark recently leased the site from Union 76
and has eliminated the service bays. He will, however, keep the car wash bay. The two
service bays will be converted to the convenienee store.
When Mr. Hark signed a lease on the store with Union 76, within the past several
months, he was unaware that a CUP was necessary to operate a gas station and
convenience store in Golden Valley. The existing service station has been at this
location for many years and has operated without a CUP. The gas station is considered
a nonconforming use because it does not have a CUP. The gas station was built prior to
the City requiring such a permit. The Inspections Department brought it to the Planning
staff's attention that Mr. Hark was planning to change the service station by eliminating
the service bays and converting the service bays to a convenience store.
Nonconforming uses may not be changed without bringing them into conformity with the
Code. In this case, a CUP would have to be issued to allow a gas station/convenience
store. Staff then spoke to Mr. Hark and told him a CUP is needed. Mr. Hark was very
concerned that this would delay his opening of the convenience store and cost him
money due to the delay. At his request, Mr. Hark has begun some of the work to convert
the station with the understanding that he will have to abide by the decision of the City
Council regarding the CUP. The City has received a letter from Mr. Hark indicating that
he will agree to the City Council decision.
Staff has received both a site plan and floor plan for the site. The site plan indicates the
size and location of the store, parking and gas pumps. Union 76 replaced the tanks at
this store in 1992 and also put a canopy over the fueling islands. It is my understanding
that the car wash bay has been there for several years.
Memo - Marcellino Hark, Applicant
Page Two
This is a unique site due to the 32 foot wide driveway easement over the west side of the
property. This driveway easement serves the convenience store and liquor store south
of this site. This easement was taken out of this property when Highway 169 was
upgraded to freeway conditions. The liquor store and convenience store did have direct
access to the old Highway 18. Because the gas station, liquor store and convenience
store properties were all owned by the same party, this easement for access from
Medicine lake Road was established. This easement does give quick access to the two
stores south of the gas station from Medicine Lake Road but it also provides a short-cut
for some people trying to save a few seconds by avoiding the stop light at Medicin~ lake
Road and Mendelssohn Avenue (near McDonalds). Unfortunately, the City cannot
eliminate this easement without compensating the persons benefiting from it.
The site is about one acre in area including the easement driveway area. Generally, the
building and site meet setback requirements except along Medicine lake Road. The
driveway area north of the canopy is setback only 12.5 feet from the north pr()perty line
and the canopy itself is setback 23 feet from the north property line. The required
setback is 35 feet. (Within the Commercial Zoning District, the side and rear yard
setback is 25 feet to building and 12.5 feet to parking. Any setback adjacent to a street
is 35 feet to building or parking.)
The existing building will not be added to for this conversion to a convenience store. As
stated previously, the service bays are being eliminated to make room for the store. The
car wash bay will remain. The total area of the building is approximately 1,850 sq.ft. Of
that area, the store will occupy about 1,500 $q.ft. The car wash bay is about 350 sq.ft. in
area. The attached floor plan indicates the layout of the proposed store.
The parking required for a convenience store is one space for each 150 sq.ft. of retail
space. With 1500 sq.ft. dedicated to retail sales, 10 parking spaces are required. The
car wash portion requires 4 spaces plus one space for each three employees. Using
these requirements, the site will require 15 total spaces. As indicated on the plan, there
are 15 spaces. Staff believes that 15 spaces is more than adequate for this type of
store. Most people that buy goods will have there car at the gas pumps and not need to
use the parking spaces. Also, there is no more than two employees on site at any time.
The car wash parking requirement is also excessive for this type of automated system.
Mr. Hark and Union 76 will be repaving and putting in concrete curb and gutter where it is
not now in place south of the store. They plan to do this work next Spring. They are also
planning to enhance the landscaping in front of the store and along the sides and rear.
Any change to the signs for the store will have to meet the requirements of the City's sign
ordinance.
Memo - Marcellino Hark, Applicant
Page Three
When reviewing a Conditional Use Permit application, the Planning Commission is
charged with making certain findings regarding the application. These findings are then
sent on to the City Council. The following is a list of those areas where findings are to be
made and staff comments:
1. Demonstrated Need for the Proposed Use: The City's position has been to not
make a judgment if there is a demonstrated need and let the market forces make that
decision. In this case, there may be some that would argue there is adequate
convenience shopping is this area because of the existing convenience store to the
south and the Super America to the east. This proposal is somewhat unique b~.cause
it is the only store that will sell both conveoience goods and gas. The Super America
store tried to put is gas several years ago but it was decided that there was not
adequate space on the site for the pumps.
2. Consistency with the Comprehensive Plan: The Plan indicates that this area is
designated for commerqial development. This use is consistent with this designation.
3. Effect on any Anticipated Traffic Generation upon the Current Traffic Flow and
Congestion in the Area: The proposed gas/convenience store will increase traffic
somewhat but not enough to effect the capacity of Medicine Lake Rd. Staff believes
that traffic will not be significantly affected by the proposed operation.
4. Effect upon Property Value,iptheN,lghboring Area: This adjoining areas are
zon~dQonim~rci~!.:The p'r?pp~e~;4pgrad,ing.'ofthe building and site would have a
positive effect on' properlY values'. in fhe' area. .
.. .: .. . ,( .
5. Effect of any Increases in Population and Density upon Surrounding Areas: The
proposed use will not add any additional population to the area.
6. Increase in Noise Levels to be Caused by the Proposed Use: The proposed use
will not add significantly to the noise in the area. There may be some reduction due to
the elimination of auto repair previously done in the repair bays.
7. Any Odors, Dust, Smoke, Gas, or Vibration to be Caused by the Proposed Use:
It is not anticipated that the proposed use would increase any of these nuisances.
8. Any Increases in Flies, Rats, or Other Animal or Vermin in the Area to be
Caused byth$ Propos.d U~e: The proPQ$e<;f use should not increase the number
of~mimal. P$~ts In thEt a're~:if ,pr9P~r'~~hitati,pri'measures are maintained.
9. Visual Appearance of the Proposed structure or Use: The existing building will
notbe significantly altered from its existing state except two of the service bay doors
will be eliminated and replaced with windows and brick. There will be new doors into
Memo.., Marcellino Hark, Applicant
Page Four
. the building as per the attached plan. These changes will be an improvement to the
appearance of the building.
10. Any Other Effect Upon the General Public Health, Safety, and Welfare of the
City and its Residents: The staff does not believe there are other findings that
need to be made.
Recommended Action:
Staff recommends approval of a Conditional Use Permit to allow the gas station at 9504
Medicine Lake Road to be converted to a,gas/convenience store. The proposed plans
provide for more than adequate parking on-site. Mr. Hark and Union 76 will also be
doing improvements to enhance the site such as additional landscaping and paving. The
existing gas station has been brought up to code as far as the tanks are concerned. The
tanks were all replaced in 1992. The canopy was also built at that time to provide a
better environment for the customers.
Several persons have called me, that I know, and have indicated that Mr. Hark is a good
operator of both gas and convenience stores; he has several others in the Twin Cities.
Mr. Hark has told me that he wants to make this a first class operation and it appears
that he and Union 76 are willing to spend money to insure that this happens.
Staff knows that there may be some comments regarding the abundance of convenience
stores in the area. How many does Golden Valley need? As stated in the findings, the
City has decided not to involve itself in determining if there is too much of any use in the
area. In the past, the City has had locations with three or four gas stations at one corner
with each thriving. There are many areas in the Twin Cites where there are several
convenience stores close to each other. In this area, there is a lot of multiple-family
housing that benefit from these types of stores. Also, the proposed store is somewhat
different from the other two stores in the area because it will be the only one that sells
both gas and goods. We have all grown used to this convenience. On the negative
side, the two service bays will be eliminated which means one less place to get our
vehicles serviced.
The following conditions are recommended for the Conditional Use Permit:
1. The site plan submitted to the City (titled "Parking Layout") shaU become part of this
permit. The plan is dated 9/1/95. This shall include 15 parking spaces.
2. The property at 9504 Medicine Lake Road may be used for a gas/convenience store
with one car wash bay.
Memo - Marcellino Hark, Applica,nt
Page Five
3. The parking lot to the south of the store will be repaved and concrete curb and gutter
installed no latter than July 1, 1996.
4. All signage on the site will meet the City's sign ordinance.
MWG:mkd
Attachments:
Location Map
Letter dated September 1, 1995 regarding the "start of
Improvements"
Narrative Letter dated September 1, 1995 regarding
"Purpose of Construction and Additional Information"
Site Plans (Interior and Parking Layout)
MEMORANDUM
Date:
October 10, 1995
To:
WilliamS. Joynes, City Manager
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Public Hearing -- Conditional Use Permit - To allow the
conversion of the Union 76 station at 9504 Medicine Lake Road
to be used as both a service station and convenience store--
Marcellino Hark, applicant
At the September 26,.1995' Planning Commission meeting, the Commission
unanimously recommended approval of a Conditional Use Permit to allow the Union 76
gas station at 9504 Medicine Lake Road to be used as a gas/convenience store. I am
enclosing a copy of my memo to the Planning Commission dated September 22, 1995
for your information. Also enclosed is the Planning Commission minutes that outlines
the discussion that occurred ?It the meeting. Also attached is a letter received
regarding the request by the owner of the convenience store and liquor store to the
south.
At the Planning Commission meeting, Mr. Hark agreed to additional conditions that will
be made part of the Conditional Use Permit. He agreed to place "no parking" signs
along the west side of the driveway that he shares with the two stores to the south.
There is a concern by the other store owners that persons using the convenience store
will park along the driveway. Mr. Hark will also add two or three parking spaces at the
west end of the building for customers. There was concern that the parking behind the
proposed store would not be that convenient to customers and that closer parking to
the front door should be made available. There was also discussion about the
maintenance of the shared driveway along the west side of the Union 76 station.
There appears to be some misunderstanding about who is responsible for maintaining
the driveway. Mr. Hark said that he and the owners of Union 76 would maintain the
driveway on his property and that he would be checking the easement agreement about
maintenance. I will have this information at the City Council meeting on October 17 I
1995.
Recommended Action
The Planning Commission and staff recommend approval of a Conditional Use Permit
to allow Mr. Hark to operate a gas/convenience store at 9504 Medicine Lake Road.
The Commission and staff are recommending the following conditions which are also
found on the proposed Conditional Use Permit and ordinance approving the CUP:
Page Two
1. The site plan submitted to the City (entitled "Parking Layout") shall become part
of this permit. The plan is dated 9/1/95. This shall include 15 parking spaces.
2. The property at 9504 Medicine Lake Road may be used for a gas/convenience
store with one car wash bay.
3. The parking lot to the south of the store will be repaved and concrete curb and
gutter installed no latter than July 1, 1996.
4. All signage on the site will meet the, City's sign ordinance.
5. The owner shall install "no parking" signs along the west edge of the driveway
shared with the two stores to the south.
6. The owner shall maintain, in good order, the driveway shared with the two stores
to the south.
7. All other applicable City and State requirements shall be met.
8. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the Conditional Use Permit.
MWG:mkd
Attachments:
Staff Memo dated September 22,1995 (and attachments)
Planning Commission Minutes dated September 26, 1995
Letter from R. Halseth received September 25, 1995
ORDINANCE NO. 421, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Amended Conditional Use Permit No. 09-67, Amendment No.1
9405 Medicine Lake Road
George Kabalan, Applicant
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is
amended in Section 11.10, Subd. 2, and Section 11.30, by approving a Conditional Use
Permit Amendment for certain tracts of land at 9405 Medicine Lake Road, thereby
allowing the rental of U-Haul Trucks in the Commercial Zoning District.
This Conditional Use Permit is approved based on the findings of the Planning
Commission pursuant to City Code Section 11.80, subd. 2(G), which findings are
hereby adopted and incorporated herein by reference.
This Conditional Use Permit is subject to all of the terms of the permit to be
issued including, but not limited to the following specific conditions:
1. The site plan dated 7/21/09 shall be made a part of this permit. The two equipment
parking spaces shall be the two spaces south of the store and closest to TH 169.
There shall be a total of 9 parking spaces for customers, employees and equipment
display. The parking spaces on the property shall be clearly designated and striped
and the two spaces for the rental trucks shall be clearly marked
2. The property may be used as a gas/convenience store with one automated car wash
bay. Also, up to two trucks or trailers may be displayed for rent on the site in the
location identified in the above Condition NO.1.
3. All signage on the site will meet the requirements of the City's sign code by no later
than August 31,2009.
4. "No parking" signs shall be installed per the Fire Marshal along the west side of the
shared driveway adjacent to TH 169 by no later than August 31,2009.
5. All other applicable local, state, and federal requirements shall be met.
6. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the CUP.
Section 2. The tract of land affected by this ordinance is legally described as
follows:
Lot 1, Block 1, Halseth Addition, according to the plat thereof on file in the office of the
County Recorder, Hennepin County, Minnesota
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 21st day of July, 2009.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk
Me 0 U
Police Department
763~593~8079 I 763~593~8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
July 21, 2009
Agenda Item
6. A. Wine On-Sale and Strong Beer License and Sunday Sale Liquor License -
Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger
Prepared By
Stacy A. Altonen, Chief of Police
Jim Roberts, Sergeant
Summary
Smashburger Acquisition-Minneapolis, LLC, dba Smashburger a Delaware corporation, has
applied for a Wine On-Sale and Strong Beer License and Sunday Sale Liquor License. The
restaurant is located at 509 Winnetka Avenue North.
The City Attorney has reviewed the application and found that the lease agreement has a
typographical error in listing Smashburger as a Minnesota corporation and not a Delaware
corporation. The attorney for Smashburger will have the error corrected by Tuesday. Staff
recommends approval of the license, subject to the City Attorney receiving a corrected and
acceptable lease agreement.
The applicant meets all other State and City requirements for consideration of the issuance of
a Wine On-Sale and Strong Beer License and Sunday Sale Liquor License.
Recommended Action
Motion to approve the issuance of an On-Sale Wine and Strong Beer and Sunday Sale liquor
license to Smashburger Acquisition-Minneapolis, LLC, d/b/a Smashburger, located at 509
Winnetka Avenue North, subject to the City Attorney receiving a corrected and acceptable
lease agreement.
alley
Memo du
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley Council Meeting
July 21, 2009
Agenda Item
6. B. First Consideration - Ordinance #403 - Amending Salaries of Mayor and Council
Members
Prepared By
Sue Virnig, Finance Director/City Clerk
Summary
As per City Code, Council salaries are reviewed every two years preceding the city election.
In 2007, Ordinance #368 was denied on first consideration, which leaves the increase
approved in July 2003, Ordinance #281, for years 2004 and 2005 as the last change in the
Mayor/Council salaries.
Mayor
Council Members
CURRENT
SALARY
$11,619
$8,696
The Council discussed this item at their June Council/Manager Meeting and recommended
that Mayor/Council salaries not be increased. If the Council does not want to institute a salary
increase for 2010-11, the attached ordinance should be denied.
Attachments
City Code Section 2.19 (1 page)
Ordinance #403 - Amending Salaries of Mayor and Council Members (1 page)
Recommended Action
Motion to deny Ordinance #403, Amending Salaries of Mayor and Council Members.
S 2.19
Section 2.19:
Salaries of Mayors and Council Members
Subdivision 1
The annual salary of the Mayor shall be $11,619.00.
Subdivision 2
The annual salary of each Council Member shall be $8,696.00.
Source: Ordinance No. 281, 2nd Series
Effective Date: 7-18-03
Subdivision 3. Approved Additional Meetings
In addition to their salaries, the Mayor and Council shall be paid $50.00 for each
meeting they are directed or designated to attend, up to a maximum of $150.00
per month. The method for approval of meetings shall be outlined by resolution of
the Council.
Source: Ordinance No. 63, 2nd Series
Effective Date: 4-25~91
Subdivision 4
The salaries provided for herein shall be effective January 1, 2004.
Source: Ordinance No. 281, 2nd Series
Effective Date: 7-18-03
Subdivision 5
In April of each odd numbered year, the City's staff shall provide to the Council the
percentage representing the average salary or wage increase for City non-union
employees for the previous two years so that the Council may consider appropriate
increases in its salaries.
Source: Ordinance No. 63, 2nd Series
Effective Date: 4-25-91
Golden Valley City Code
Page 1 of 1
ORDINANCE NO. 403, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Salaries of Mayor and Council Members
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Section 2.19, Subd. 1.,2. and 4. are hereby amended to
read:
Subd. 1. The annual salary ofthe Mayor shall be $12,374.00.
Subd.2. The annual salary of each Council Member shall be $9,261.00.
Subd. 4. The salaries provided for herein shall be effective January 1, 2010.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in
its entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall take effect from and after its passage and
publication as required by law.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk