Loading...
09-01-09 CC Agenda Packet AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber September 1, 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. Board/Commission Oath of Office and Presentation of Certificate of Appointment 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 - August 5, 2009 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. General Business Licenses 2. Solicitor's License - Naral Pro-Choice Minnesota 3. Gambling License Exemption and Waiver of Notice Requirement - St. Therese Foundation, Inc. D. Minutes of Boards and Commissions: 1. Human Rights Commission - July 9, 2009 2. Environmental Commission - July 27, 2009 3. Envision Connection Board of Directors - July 16, 2009 4. Bassett Creek Watershed Management Commission - July 16, 2009 E. Receipt of July 2009 General Fund Budget Report F. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant G. Call for Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous Charges - 10/6/09 4. PUBLIC HEARINGS 7:00 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Certification of Proposed 2010 Property Tax Levy B. Set Date for Public Hearings - 2010-2011 Budget and 2010 Property Tax Levy C. Announcements of Meetings D. Mayor and Council Communications 7. ADJOURNMENT ~lley ra d Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1, 2009 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley M 0 du Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1,2009 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley nd Inspections 763-593-8090 I 763-593-3997 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1, 2009 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4017 Venture Auto New/Used Vehicle Sales 6130 Olson Memorial Highway $400.00 #4015 Morrie's Cadillac, Inc. New/Used Vehicle Sales 7400 Wayzata Boulevard $400.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. alley City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1, 2009 Agenda Item 3. C. 2. Solicitor's License - Naral Pro-Choice Minnesota Prepared By Christine Columbus, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Naral Pro-Choice Minnesota. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month.. PEDDLER/SOLICITOR LICENSE APPLlCA TJON TO: Golden Valley City Council Fee Paid: $ ;lJ 09;00 7800 Golden Valley Road Number. of Person's: d ,. Golden Valley, MN 55427 Type of License Requested: SrJI c.,rkn. I~/~ Enclose the sum of $ 50 for II (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. 2- ( usiness or dividual Nameto e Licensed) 5~ <4te-i, ~ ~~flau1 55';0 '3 (Address, including City, State and Zip Code) J Ct.s-I (gD'). /&>:S- ~ c1fI<<J.J (17/d 7-).1 1'//0 (Telephone Number, including Area Code) . . , NOW, THEREFORE, hereby makes application for the q/? }",/'J (A Iicant Name) period of ~ through 6/3 1111..-, subject to the conditions and provisions of said City Code. REQUIRED LICENSE INFORMATION ~~~~a~~ffe7~~:~..): -Sd.~ hd- Addres~&' &;;~~4& ~~/7- (Include City, State and Zip Code) Telephone Number (including ar~~ code) (/11 d q(P A do3q' tPI Date of Birth (if an individual) 3;/1/11- BusinessN~me of AP. piicant AJ flIfi2. :/>>O - t;'~ <p)Vl ~.' Address ,J1-'lJ ~ tPPS ~'-m1)SS#~ {~-J (Include City, State and Zip Code) . , Define Business roprietorship, Pa~nershjpl etc.; State of Incorporation) .. tfyWu at IN t/ObZ. 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 1) I If iJ/iJ Address of Organization (Include City, State and Zip Code) Define Busines Telephone Number (Including Area Cod (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: S;1 lttia/J.Jd j~ ~atI diF': ~ tk~'1h-MrIl~ ~ (If more space is needed,attach additional sheets) STATE OF m IJJ NtEhJfr ) ) 58. COUNTY OF'HfJJrJ[fIA) ), I. '1J1d~ '1d1m.izt-<JJ fficerllndividual) of 1JIMI1Z inD -IAJVr1 ~iv . (Nan1e 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. JUDITH A. NALLY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31,2010 alley M d City Administration/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1,2009 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - St. Therese Foundation, Inc. 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 3D-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Saint Therese requesting waiver of 3D day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for St. Therese Foundation, Inc. Minnesota Lawful Gambling LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: - ~onducts lawful gambling on five or fewer days, and - award!!! less than $50,000 in prizes during a calendar year. Page 1 of 2 7/09 Application fee If a lication ostmarked or received: less than 30 days more than 30 days before the event before the event $100 $50 ORGANIZA liON INFORMA liON Check # $ Previous gambling permit number Type of nonprofit organization. Check one. I 0 I Fraternal I 0 I Religious Mailing address Other nonprofit organization State Zip Code ~ounty ~ Name of chief executive officer (CEO) ber Email address BA-Y\9tt.vl- ~ tie- I ; - 0=5 1- OIJ 0 . ttrl?Y j) ~+th Attach a copyofONEofth~fonoWingforproof()fnonprofitstatus.Check()he. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. I 0 I Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 ~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. [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 INFORMATION tiVity will be conducted (for raffles, list the site where the drawing will take place) l (j! Pl/h City {d. ) I, 'U(Jq heck the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo* ~affles DPaddlewheels* DPull-Tabs* DTipboards* * Gambling equipment for pull-tabs, bingo paper, tipboards, and paddlewh~els 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 L.c:>OAL.lJNIT OF GQVERNMIENTACKNOWLEDGMENT 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. 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. ~e 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. _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 Print city name On behalf of the city, I acknowledge this a lication. Title Date-1-1_ (Optional) TOWNSHIP: On behalf ofthe 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 Date--L ~~JZi Signature of township official acknowledging application Title Date_/-1_ CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned t the Board within 30 days 0 he date of our gambling activity. . Chief executive officer's signature . Date ~t!)/t:J t Complete a separate application for each gambing activity: - one day of gambling activity, - two or more consecutive days of gambling activity, - each day a raffle drawing is held Send application with: - a copy of your proof of nonprofit status, and . application fee for each event. Make check payable to "State of Minnesota." To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Financial report and record keeping required A financial report form and instructions will be sent with your permit, 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. I FitHn &'Printt=onnl Reset form . I 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. lMlen 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, 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, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attomey 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. 2009-Aug-25 04:25 PM S,;;int Therese Home, Inc. 0 2/2 !.\-~\' 'J~-T~~ . ~J SAINT THERESE August 25, 2009 Ms. Judy Nally Administrative Assistant City of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Judy: The Saint Therese Foundation will host its 20th Annual Associate Dinner at the Metropolitan Ballroom in Golden Valley on Wednesday, October 7, 2009. We respectfully request that the City Council waive the customary 30-day waiting period for the exemption for lawful gambling permit required for this type of event Sincerely, ~ President/CEO SAINT Tl'lllRBSB at OXBOW LAKE SAINT THERESE of NIW Bon SAINT Talun FOUNDATION S200 Oak Orove Parkway 8000 Baas Lake Road BOOO Ba.. Lake Road Brooklyn Park, MN S5443 New Hope, MN 55428 New Hope, MN 55428 763.493.7000 763.531.5000 763.531.5000 www.stthereaomn.org GOLDEN VALLEY HUMAN RIGHTS COMMISSION MEETING Minutes from the Meeting of July 9, 2009 Members Present: Christopher Jordan, Marion Helland, Anne Dykstra, Bob Hoyt, Debra Yahle & Roger McConico. Members Absent: Jay Sandvik. Staff Present: Chief Stacy Altonen. The meeting was called to order by Chair Jordan at 7: 11 pm. OPEN FORUM There was no one present requesting to address the Commission. CHAIRPERSON'S REPORT ADDITIONS TO AGENDA Commissioner Dykstra added "Demographic Trends for Seniors" and "New Legislation" to the items under New Business and "2010 U.S. Census" under Old Business. Commissioner Helland added "Human Rights Award" under New Business. Commissioner Hoyt moved to approve the agenda as amended; seconded by Commissioner McConico. APPROVAL OF MINUTES Commissioner Dykstra moved to approve the minutes of the June 11,2009, meeting; seconded by Commissioner Helland. The minutes were unanimously approved. COMMITTEE REPORTS SCHOOL EDUCATION There was no discussion on this topic. HOUSING There was no discussion on this topic. LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISSIONS Commissioner Helland advised the July meeting will be held in Roseville. Commissioner Dykstra advised all commissions in the state have been encouraged to participate in getting the count outtor the US Census in 2010. SHARE THE DREAM Commissioners provided background information on Share the Dream for newer commissioners. Discussion ensued surrounding the planning of a Share the Dream event for upcoming years. DISCRIMINATION Commissioner Dykstra advised she recently attended a gathering sponsored by the Council on American-Islam relations and found they are very interested in raising awareness regarding the discrimination taking place in various areas in Minnesota. Human Rights Commission July 9, 2009 Page 2 OLD BUSINESS BREMER GRANT Commissioner Dykstra advised the committee reviewing grant proposals is meeting the week of July 13th. Chair Jordan advised a decision should be made by the August meeting and commissioners can then strategize how to use the funds or how to advance the goal of spreading word about the 2010 US Census without funds if none are granted. Chair Jordan advised the Five Communities Working for Building Human Rights have scheduled two workshops: October 15t at Plymouth City Hall from 7 -9PM and October 10th at Crystal Community Center from 8AM-12PM. Chair Jordan requested commissioners complete the distributed assessments and return them by the end of the week. NEW BUSINESS DEMOGRAPHIC TRENDS FOR SENIORS Commissioner Dykstra advised 20% of the population is over the age of 65 and the number is growing much more rapidly than the number of people entering the job market. Commissioner Dykstra expressed concern about limited housing for this older population if the trend continues. There was discussion regarding the various implications of retirements over the next several years. HUMAN RIGHTS AWARD Commissioner Helland advised the criteria and nomination forms for this award have been posted on the city's website. Commissioners discussed advertising in the Sun Post newspaper, as well as distributing fliers to the library, churches, schools, etc. There will be more discussion on this topic at the next meeting. Commissioner Dykstra advised the Golden Valley Human Rights Commission is celebrating 45 years in 2009. ELECTION OF VICE CHAIR Commissioner Dykstra moved to nominate Commissioner Bob Hoyt as Vice Chair, seconded by Commissioner McConico. Motion carried unanimously. NEXT MEETING The next meeting is scheduled for Thursday, August 13th, beginning at 7PM. ADJOURNMENT Moved by Commissioner Dykstra, seconded by Commissioner McConico to adjourn the meeting at 8:00 pm. GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes July 27, 2009 Present: Commissioners, Baker, Chand lee, Gitelis, Hill, Pawluk, and Stremel. Also present were City Council Member Paula Pentel; AI Lundstrom, Environmental Coordinator and Lisa Nesbitt, Administrative Assistant. Absent: Commissioner Anderson 1. Call to Order Baker called the meeting to order at 7:00 pm. 2. Approval of Regular Meeting Minutes - May 18. 2009 MOVED by Pawluk, seconded by Stremel, and the motion carried unanimously to approve the minutes of the May 18, 2009 meeting. 3. Solid Waste Handling and Recycling Council Member Pentel presented the Council's request for the Commission to take on the responsibility for a study of the city's current solid waste handling and recycling programs compared to how these programs are being handled in other communities. The primary responsibility will include gathering data, preparing reports and making a recommendation to the Council. There will be minimal staff resources available for this project. The Commission will take the request into consideration and discuss at the next meeting. 4. Mayor's Climate Protection Agreement (MCPA) . MCPA Proqress Report - Data entry has begun with the information provided by CenterPoint and Xcel Energy 5. Annual Report The annual report was reviewed and comments/changes noted by Pawluk. He will work with staff to set a date to present to Council. MOVED by Gitelis, seconded by Hill, and the motion carried unanimously to accept the annual report for 2007-2008. 6. Program/Project Updates A. Emeral d Ash Borer - Lundstrom reported that the City plans to develop an Emerald Ash Borer management plan which would include the inventory of all publicly owned trees. Due to limited staff resources, the City is applying for a grant through the MN Pollution Control Agency to have members of the MN GreenCorps assist the City in the completion of a tree inventory and finalizing the Emerald Ash Borer Management plan. Along with the application, the City needs to submit letters of support which Staff requested from the Commission. MOVED by Hill and seconded by Gitelis a motion was unanimously carried for the Environmental Commission to show its support of this application. On behalf of the Commission, Baker signed a letter of support. B. TMDL I. Sweeney Lake - draft TMDL due in August ii. Medicine Lake - draft TMDL due in November iii. Wirth Lake - draft TMDL due in September iv. Minnehaha Creek and Hiawatha - the kick-off meeting was last week and a draft TMDL is expected in two months due to the amount of monitoring and data that has been collected over the years. v. Brownie Lake Staff has created a spreadsheet to track information about all of the TMDLs in progress. A copy will be provided at the next meeting. C. III - 2009 PMP inspections are completed. Approximately 76% residents had initial inspections. Many made repairs through private contracts. 2010 PMP inspections have begun. D. Private Development Update - nothing new 7. Commission Member Council Reports None 8. Other Business Gitelis reported on a meeting she attended on sustainability. There is another meeting coming up in September. She will forward more information on the meeting, to the Commission. 9. Adiourn MOVED by Pawluk, seconded by Stremel, and the motion carried to adjourn. The meeting adjourned at 8:00 pm. The next scheduled meeting will be August 24,2009 at 7:00 pm. Envision Connection Project Board of Directors Meeting Minutes July 16, 2009 Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, Blair Tremere Absent: Marshall Tanick and Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7: 15 pm in the Council Conference Room. Approval of Minutes Tremere/Glover moved to approve the minutes of June 18, 2009 as presented. Motion carried. Envision Award Chair Loomis reported that the first Visi award will be presented on August 5. Jeanne Andre reported that a second nomination had been received. The Board confirmed that under its process the Board will review the next round of nominations at its September meeting, which is the first meeting after the September 1 quarterly deadline for nominations. Proposed Community Foundation/Non-Profit A Frequently Asked Questions (FAQ) sheet was distributed in the agenda packet. Dean Penk explained that the subgroup used a variety of sources to develop the sheet, which could be distributed to folks who want to know more about the proposed foundation, why it was proposed and how it operates. Luke Weisberg sent an email suggesting possible next steps since he was unable to attend the meeting. Board Members supported the FAQ, but felt a one-page summary outlining the history of the community engagement/philanthropic organizations in Golden Valley and their potential role in any new endeavor is necessary before outreach occurs. They also felt that there are various classes of stakeholders and the outreach plan should clearly identify these groups and a strategic approach to that outreach. Dean Penk volunteered to reconvene the group that prepared the FAQ to work on the summary, which can be on the Board agenda to discuss in August. The August agenda should also include brainstorming about the strategy for sharing the proposal. Once these issues are worked out a joint meeting with the Golden Valley Community Events Foundation should be scheduled to further explore the strategy and its implementation Bridge Building Activities Ice Cream Social - The Social is next Monday night, July 20. Dean Penk reported that Michael Pellizzer is planning to bring more ice cream this year as the event is more popular each year. Linda Loomis will do a brief Bridge Builder presentation midway through the concert. She reported that Hennepin County Commissioner Stenglein plans to present the Step-To-It trophy that Golden Valley earned for having the highest average steps in the recent competition. Blair Tremere has identified volunteers to staff the information table. Board Members will arrive by about 6:30 pm with the goal of mingling and promoting Bridge Builders. Staff will bring literature about Bridge Builders and the upcoming fall training. Lilac Planting - Plans are in place for the event, scheduled on September 26. Another organizational meeting will be held in August. Envision Connection Project Board of Directors Meeting Minutes July 16, 2009 - Page 2 Buckthorn Busting - Blair Tremere reported that he is still considering organizing an event for this fall. Garden Club - Linda Loomis reported that a new evening unit of the Garden Club is getting organized. Their next meeting is August 5. New Hope Community Farmers Market - Linda Loomis reported on the information distributed about a new initiative that asked her to seek support in Golden Valley. She thought it would be a natural Bridge Builder activity, but she is not sure what sort of assistance they are seeking. She will contact the Farmers Market organization to seek more information about the type of support they are requesting. Future Meetings The next meeting will be on August 20. The meeting ended at 9:06 pm. Jeanne Andre, Assistant City Manager Bassett Creek Watershed Management Commission Minutes of the Meeting of July 16, 2009 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m., Thursday, July 16,2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Also present: Commissioner Pauline Langsdorf Commissioner Linda Loomis, Treasurer Commissioner Cheri Templeman Commissioner Michael Welch, Chair Commissioner Kris Sundberg Not represented Commissioner Ginny Black, Vice Chair Not represented Not represented Counsel Engineer Recorder Charlie LeFevere Len Kremer Amy Herbert Laura Adler, BCWMC Technical Advisory Committee, City of St. Louis Park Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Jeannine Clancy, BCWMC Technical Advisory Committee, City of Golden Valley Jack Frost, Metropolitan Council Dave Hanson, Alternate Commissioner, City of Golden Valley 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 Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth 2. Approval of Agenda and Consent Agenda Ms. Loomis moved to approve the Agenda. Ms. Black seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. Ms. Black moved to approve the Consent Agenda. Ms. Langsdorf seconded the motion [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. 3. Citizen Input on Non-Agenda Items No citizen input on non-agenda items. 3. Administration A. Presentation of the June 18, 2009, BCWMC meeting minutes. The minutes were approved as part of the Consent Agenda. B. Presentation of the Financial Statement. The July financial report was received and approved as part of the Consent Agenda. The general and construction account balances reported in the July 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 600,637.37 600,637.37 Construction Account Balance TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 3,190,601.56 3,190,601.56 3,505,503.27 (314,901.71) C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through May 31, 2009 - invoice for the amount of $1,403.85. ii. Barr Engineering Company - June Engineering Services - invoice for the amount of $24,487.02. iii. Amy Herbert - June Recording Administrator Services - invoice for the amount of $3,279.62. iv. Amy Herbert - Reimbursement for July Meeting Catering - invoice for the amount of $297.21. v. Shingle Creek - Joint Watershed Sponsorship of Metro Blooms Rain Garden Workshops - invoice for the amount of $2,000.00. vi. MMKR - Financial Audit - final billing - invoice for the amount of $680.00. vii. SEH, Inc. - Sweeney Lake TMDL Phase 2 Work through May 31, 2009- invoice for the amount of $2,697.20. Chair Welch removed invoice vii - SEH, Inc. Sweeney Lake TMDL Phase 2 Work from the roll call vote. Ms. Black moved to approve the payment of invoices i-vi. Ms. Loomis seconded the motion. By call of roll, the motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. Chair Welch stated he had pulled the SEH invoice for the Sweeney Lake TMDL Phase 2 Work because he wanted to add some comments from a discussion he had with Ron Leaf of SEH. Chair Welch said Mr. Leaf had forwarded to him a budget summary that detailed that the Three Rivers Park District did not use all the funds it was allocated for its work and $4,200 remained from that portion of the project budget. He said those remaining dollars were redirected to the work completed by Barr Engineering and SEH, Inc. on the same task. He reported that Mr. Leaf stated that the TMDL should be completed within the project budget unless significant redrafting of the TMDL is requested. Chair Welch said any redrafting would be dependent on the comments on the TMDL by the MPCA. Mr. Kremer commented that he does not anticipate significant comments on the TMDL itself. Chair Welch moved to approve invoice vii - SEH, Inc. Ms. Black seconded the motion. By call of roll, the motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. #249358 vI BCWMC July 16, 2009 Meeting Minutes 2 D. Resolution 09-04 to approve minor plan amendment. Chair Welch introduced Resolution 09-04 approving the Watershed Amendment that includes the additions to the BCWMC's Watershed Management Plan's (the Plan) Table 12-2 to include PC-I and PC-2 to restore the channel of Plymouth Creek from Medicine Lake to 37th A venue in the City of Plymouth with construction proposed to begin in 2010 and the addition of a project to restore the Main Stern of Bassett Creek from the City of Crystal boundary to Regent A venue in the City of Golden Valley with construction proposed to begin in 2010. The amendment also includes revisions to the Plan's Tables 4-2 and 4-3 to change the Parker's Lake phosphorus goal from 30 ppb to 38 ppb, in accordance with the goal recently established in the City of Plymouth's Surface Water Management Plan. Additionally, the amendment includes revisions to Table 5-3, Bassett Creek Flood Profiles, to change the flood elevations of Crane Lake and Oak Knoll Pond, in accordance with flood elevations established in the City of Minnetonka's Water Resource Management Plan. Ms. Loomis moved to approve Resolution 09-04. Ms. Sundberg seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. Chair Welch amended the motion to edit the resolution to include in the resolution item 2 for the Secretary also to transmit a copy of the Plan Amendment to Hennepin County and the Minnesota Board of Water and Soil Resources. Ms. Loomis and Ms. Sundberg approved the amendment of the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. 4. New Business A. Laurel Hills East Condominium Improvements: City of Golden Valley. Mr. Kremer explained that the reason the project requires Commission review is because the project includes work in the floodplain. He said the project is located adjacent to the Sweeney Lake Branch of Bassett Creek on the south side. He said historically there was a small ponding area in the project location but that over the years because of erosion along this reach of the channel, sediments have been deposited there eliminating the pond. Mr. Kremer said the project proposes landscape improvements and the dredging of the small pond, which would include the excavation of 0.28 acres. He stated that the area would flood occasionally. Mr. Kremer said the Commission Engineer recommends approval of the project with the condition that the project includes the construction of an emergency overflow, such as a swale stabilized with rip rap, between the pond and the creek to minimize erosion during overtopping or flooding events. Chair Welch asked if there were any concerns about where the dredged material would be deposited. Mr. Kremer said that none of the material will be deposited into the floodplain and that a contractor would be hired to haul the fill offsite. Ms. Black moved to approve the project with the condition recommended by the Commission Engineer in its July 9, 2009, memo. Ms. Sundberg seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. 6. Old Business A. Resource Management Plan Comments. Mr. Kremer reported that Barr has been in contact with the Army Corps of Engineers (the Corps) regarding its comments on the Resource Management Plan. He said the Corps has indicated it feels the plan is complete and ready to be public noticed. Mr. Kremer said he communicated to the RMP that after the Commission makes its comments on the plan the Commission will let the Corps know the RMP is ready to be public noticed for comments from other regulatory agencies and the public. He said that any comments received would need to be responded to and then the next step would be for the Corps to issue a permit conditioned on submittal of the final plans of each project for the Corps' review as the final step in the permitting process. Mr. Kremer added that the Corps communicated that it thinks the RMP will expedite the Corps issuance of permits. #249358 vI BCWMC July 16, 2009 Meeting Minutes 3 Ms. Black commented that she wishes the information Mr. Kremer just reported to the Commission was contaiued in the RMP. She asked that the purpose of the RMP be stated earlier in the RMP document and should be on the first page. Mr. Black also stated that on page 2 the list of the report sections should be deleted and instead underline the section headings described in the paragraph currently following the list. Ms. Black commented that there is no mention of runoff reduction in the description of the projects in the RMP and she thought the goal of runoff reduction should be added to the RMP language. Mr. Kremer stated that the changes she described would be made to the RMP. Chair Welch clarified that during the public notice period the RMP remains a draft and the Commission or the commissioners as individuals can continue to comment. Chair Welch stated that the RMP is no guarantee that the Corps won't come back with comments or something new on individual projects. Mr. Kremer said he thinks there is a history of working through a similar process with the Corps where the Corps issued its permits on the basis of preliminary plans and theu the Commission went through its construction but he agreed that the Corps does go through changes in its policies. Ms. Black moved to authorize the staff to update the RMP as described and to send it to the Corps with the communication that the RMP is ready to be public noticed. Ms. Loomis seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. B. St. Louis Park Local Water Management Plan Review and Request for Comments on Draft Comprehensive Plan. Chair Welch said that by statute the BCWMC is required to review local water management plans to ensure conformity with the BCWMC's Watershed Management Plan. He commented that this review is a critical function of the Commission. Mr. Leaf of SEH described his review of the City's local water management plan (L WMP) and said he utilized the August 2005 review checklist provided to SEH by the Commission. Mr. Leaf said the LWMP does a good job overall and that his July 7, 2009, memo to the Commission just details the items in the St. Louis Park LWMP that are not in conformance with the BCWMC's Watershed Management Plan or were missing. He said the review comments revolve mainly around one issue - the L WMP doesn't address Sweeney Lake as an impaired water. Mr. Leaf said his memo provides recommendations on how St. Louis Park should revise its L WMP to address the issues. He said he has discussed the recommendations both with Barr Engineering, the contractor that prepared the plan for the City, and with the City. Ms. Adler commented that the City will be able to make the revisions described by Mr. Leaf in his July 7th memo. Mr. Frost added that the St. Louis Park L WMP was one of the better plans that he has reviewed. Ms. Black moved to approve the St. Louis Park L WMP with the revisions recommended by SEH in its July 7, 2009, memo. Ms. Loomis seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. C. Sweeney Lake TMDL Update. Chair Welch said the issue in front of the Commission today is whether to approve the draft Sweeney Lake TMDL Study to send to the Minnesota Pollution Control Agency (MPCA) for its review and comment. He mentioned that the implementation plan is included in the draft TMDL Study that goes to the MPCA but technically the implementation part of the Study does not need to be approved by the EP A. He said the MPCA will send the Study to the EP A for approval before the MPCA can approve it. Mr. Kremer asked Mr. Leaf if the draft TMDL will list the wasteload allocation as individual or categorical. Mr. Kremer stated that the Minnesota Department of Transportation (MnlDOT) wants an individual wasteload allocation. Mr. Leaf said a final decision on the allocation approach 4 #249358 vI BCWMC July 16, 2009 Meetiug Minutes has not been made by the Commission. He said currently the draft Sweeney Lake TMDL study and the draft that has been presented to the Commission lists the wasteload allocation approach as MnlDOT having an individual wasteload allocation and Golden Valley and St. Louis Park combined with a categorical allocation. Mr. Leaf said SEH is waiting for the Commission's final decision on how it wants to approach the wasteload allocation in the draft Study to be sent to the MPCA. Chair Welch said another important consideration is that Hennepin County is an MS4 and although its load contribution is so small that it won't receive a load allocation it may be a partner in work that is undertaken. Mr. Kremer said that at the July 13th TAC meeting, the TAC brought up the question of who would do the reporting under the categorical approach. He said under the individual approach the cities would do the reporting. Mr. Kremer said the TAC would like additional information from the MPCA regarding the reporting process under the categorical approach. Ms. Clancy stated that the City of Golden Valley hasn't sent in its comments but it will within the next 10 days. She added that the Alternate Commissioner of Golden Valley will also be submitting comments. Mr. Kremer said that in light of the City of Golden Valley's incoming comments he recommends the Commission hold off submitting the draft TMDL Study to the MPCA and wait to make a decision on the wasteload allocation until the August BCWMC meeting. He said the TAC should be able to submit a recommendation to the Commission on the wasteload allocation by the August BCWMC meeting. Mr. Kremer said the wasteload allocation decision is important in the BCWMC's three ongoing TMDL studies and the TAC will hold a special meeting in order to discuss and develop a recommendation for the Commission if the information regarding the reporting requirements for the WLA (wasteload allocation) options can be obtained in time. Chair Welch said individual commissioners should submit comments for the purpose of developing Commission comments and the Commission would appreciate if the MS4s would share their comments with the Commission. He said that the individual MS4s and any individual can also comment to the MPCA during its review process. Chair Welch directed that comments on the draft Sweeney Lake TMDL Study are due to Mr. Kremer and Mr. Leaf by August 7th for discussion and consideration by the Commission at its August 20th meeting. Chair Welch said he would like comments to include thoughts about the individual versus categorical wasteload allocation approaches especially with regard to MnlDOT. Chair Welch asked Mr. Leaf how difficult it would be to add to the BMP section a brief analysis of additional infiltration opportunities such as how increased infiltration could affect external load. Mr. Leaf said it could be done. Mr. Kremer said it would be similar to the exercise LimnoTech went through using a P8 model. Chair Welch said it would be good to have that information in order to look at opportunities for increased infiltration or filtration as a way to address external loading in a watershed that is very developed. D. Medicine Lake TMDL Update and TAC Recommendation. Chair Welch said the MPCA requested comments from the Commission on the Medicine Lake TMDL and the LimnoTech memo tomorrow, Friday, July 17th. Mr. Kremer said the TAC has two recommendations: i. The Commission continues to work with the MPCA to resolve the issues with the data and model for the Medicine Lake TMDL. ii. The Commission authorize staff to contact the MPCA about reporting requirements under the individual versus the categorical wasteload allocation approaches and for staff to prepare a memo summarizing the advantages and disadvantages of each approach. Mr. Kremer said the Commission could choose to go forward now with the TMDL as it is and work on refining the model and resolving the issues with the model in the future. He said an 5 #249358 vI BCWMC July 16,2009 Meeting Minutes advantage with going forward now is the opportunity to take advantage of Clean Water Legacy (CWL) funds. He said the other option is for the Commission to choose to resolve the issues with the model now, which would delay the completion of the TMDL. Mr. Kremer said the TAC's recommendation is to work to resolve the issues with the model now. Ms. Loomis says she hears Barr saying it could sit down with LimnoTech and get a better understanding of why there are discrepancies among the models and the removal prediction of the West Medicine Lake Park pond. She said she thinks the Commission needs to reach an understanding of what the removal efficiency is of that project. Mr. Kremer said that Greg Wilson of Barr Engineering communicated to the Commission his analysis of why the model is not accurately predicting the load reductions of that pond. He said Mr. Wilson pointed out that there is a lot more particulate phosphorus tributary to the ponds than the model is showing and the model is calibrated to total phosphorus and not to particulate phosphorus. Mr. Kremer said that point is just one example of information that needs to be investigated further with regard to the model. He said that based on the first meeting with LimnoTech it seems that it is willing to get together and continue to review the model. Mr. Asche agreed that all groups involved seemed willing to get together and hammer out the differences. Chair Welch pointed out it is important to involve the Three Rivers Park District in the discussions. He also pointed out that the MPCA is ready to get this TMDL completed. Chair Welch pointed out that the Commission was e-mailed this week for review and discussion a draft memo from Barr with Commission comments to the MPCA on the June 12, 2009, draft Medicine Lake TMDL P8 Modeling summary memo prepared by LimnoTech. Chair Welch provided two comments he would like included in the Commission's response to the MPCA: 1. Continued reasonable additional efforts to refine the modeling to incorporate or reflect available data prior to finalization of the draft TMDL and implementation plan will result in a model that most effectively and reliably supports the efforts that will be undertaken to implement BMPs and stormwater management requirements to achieve TMDL goals. 2. The modeling and data suggest that watershed-wide efforts to reduce runoff could contribute to the improvement of water quality in Medicine Lake (and other waterbodies), and the BCWMC will invest resources and work with its member cities and others to determine the best ways to achieve such reductions. Chair Welch also asked that the memo be revised so the detailed questions in the memo are turned into broader statements that state the specific areas of data and analysis that should be addressed in collaboration with the Three Rivers Park District and the Commission's Engineers and the MPCA's Engineers to achieve a better model. Mr. Kremer remarked that those changes and additions would be made. Chair Welch moved for staff to add his two comments and to make the Commission's requested revisions to the July 14, 2009, response memo regarding the P8 modeling summary and to deliver the memo to the MPCA by the deadline tomorrow, July 17th. Ms. Loomis seconded the motion. The motion carried unanimously with five votes in favor [Cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, and Minnetonka]. The City of Plymouth abstained [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. Mr. Kremer mentioned the TAC's second recommendation to the Commission was that the Commission authorize staff to contact the MPCA about reporting requirements under the individual versus the categorical wasteload allocation approaches and for staff to prepare a memo summarizing the advantages and disadvantages of each approach. Chair Welch said he #249358 vI 6 BCWMC July 16, 2009 Meeting Minutes recommends that the Commission be direct with the MPCA and communicate that the Commission continues to consider a categorical wasteload allocation. Ms. Loomis commented that she thinks the Commission does need the information from the MPCA and does need a summary memo for review. Ms. Black also agreed. Ms. Clancy commented that the cities will pay one way or another for the efforts to be undertaken to achieve the TMDL goals - either as individual cities or as members of the Commission. Ms. Clancy said what she has wanted the MPCA to help the Commission and the cities to figure out is whether it is more cost effective to undertake the work as individuals or as a group. She said that more information about the process may help the Commission and the cities to figure that out. Mr. Lehr recommended that in the Commission's request to the MPCA for more information about the reporting requirements the Commission inquire about the MPCA's expectations from an accountability perspective in addition to the cost effectiveness of the categorical versus the individual wasteload allocation approach. Chair Welch moved to direct staff to make the inquiry of the MPCA with a cover letter that briefly explains the Commission's discussion and to have him review the communication on the Commission's behalf prior to it being sent to the MPCA. Ms. Black seconded the motion. The motion carried unanimonsly [Cities of New Hope, Robbinsdale, and St. Louis Park absent from the vote]. E. Wirth Lake TMDL Update. Chair Welch reported that the meeting packet included summary results from the June 220d Wirth Lake stakeholder meeting and recommendations regarding the implementation plan and wasteload allocation approach. He said the question in front of the Commission is whether to forward the Commission's recommendations to the MPCA regarding the completion of the wasteload allocations on a categorical or individual basis and a waste load allocation for MnJDOT. Mr. Kremer reminded the Commission of the data that shows the 38 micrograms per litre reduction goal could be met by eliminating the backflow from the creek. He said the backflow contributes approximately 55 pounds of phosphorous per year to Wirth Lake. He said the stakeholder group had considerable discussion on whether MnJDOT should have to eliminate its 28 pounds of phosphorous contributed per year into the lake. Mr. Kremer said the group decided that it wouldn't be necessary if the elimination of the backflow could meet the reduction goal. Mr. Kremer said the stakeholder group suggests that if the TMDL goes with an individual allocation approach then MnJDOT would have an allocation of 28 pounds of phosphorous, Hennepin County, Minneapolis, and Golden Valley would have allocations, and the other communities that contribute flow from Bassett Creek to the lake would have no allocations since the premise is that the backflow could be prevented. Mr. Kremer said this is the approach Mr. Chris Zadak, MPCA, suggests for the TMDL. Mr. Kremer said the Commission could still go with a categorical approach so that Golden Valley, Hennepin County, and the City of Minneapolis could receive a categorical wasteload allocation. He said the total allocation for those three if they are combined in the categorical approach would be 107 pounds of phosphorus reduction of the total allocation amount of 183 pounds. Chair Welch brought up the idea that the implementation plan should incorporate the idea that MnJDOT should take specific measures to address its allocation or to measure its contribution. Mr. Kremer said the draft TMDL is targeted to be completed in August so it should be available for the Commission's September meeting. Chair Welch said he doesn't hear anyone saying there is a rush to make a decision on the Wirth Lake TMDL. Chair Welch directed staff to include 7 #249358 vI BCWMC July 16,2009 Meeting Minutes MnJDOT monitoring in the TMDL implementation plan. F. Watershed-wide TMDL. Chair Welch reported that the cost estimate from Barr Engineering to prepare a watershed-wide TMDL scope of work is $8,000. Ms. Black wondered what the Commission would gain at this point from a watershed-wide TMDL since the Commission has TMDL studies underway. Chair Welch commented that the Commission still needs to undertake the TMDLs for Bassett Creek including fecal coliform, fish IBI and that perhaps at some point the creek would be listed for a chloride impairment. Mr. Kremer stated that he has inquired of the MPCA what it would need from the Commission for the MPCA to consider modifying the fish IBI impairment listing to eliminate the creek upstream of Highway 100 due to the intermittent nature of the creek. He said he has also asked if the Mississippi River TMDL could include the Bassett Creek impairment. Mr. Kremer said those two items would be significant changes and would leave the Commission with the TMDLs for Northwood Lake and the fish IBI on Bassett Creek downstream of Highway 100. Chair Welch moved that staff again seek a response from the MPCA regarding the intermittent stream determination. Ms. Black seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote.] Ms. Black moved that the Commission request that the Mississippi River TMDL study include the Bassett Creek fecal coliform impairment with staff communicating with the MPCA and Ms. Loomis to request at the next Mississippi River TMDL stakeholder meeting. Ms. Sundberg seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote.] G. Education and Public Outreach Committee. i. Grant Application from Meadowbrook School. Ms. Black recommended approval of the education grant up to $1,000 for the construction of an outdoor classroom at Meadowbrook School. Ms. Langsdorf seconded the motion. The motion carried with five votes in favor [Cities of Crystal, Medicine Lake, Minneapolis, Minnetonka, and Plymouth]. City of Golden Valley abstained from the vote [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. Ms. Herbert was directed to communicate the approval of the grant funding to the school contact and to send the contract out for signature. H. Meeting Packet Format; Deadline for Submission of Information to be Considered at Commission Meetings. Ms. Black recommended that information is sent to Ms. Herbert by the date the packets are assembled otherwise there is no guarantee of action being taken on the item at the Commission meeting. Chair Welch moved Ms. Black's recommendation. Ms. Sundberg seconded the motion. The motion carried unanimously [Cities of New Hope, Robbinsdale, and St. Louis Park were absent from the vote]. 7. Communications A. Chair: i. Chair Welch reported that Hennepin County will be convening another conservation forum, which will be held on July 30th. He said Ms. Herbert would e-mail out the details to the Commission. ii. Chair Welch announced that the BCWMC 2008 annual report is posted on the BCWMC's Web site and hard copies are available through Ms. Herbert. 8 #249358 vI BCWMC July 16, 2009 Meeting Minutes B. Commissioners: i. Ms. Langsdorf discussed an article in the Star Tribune that discussed a program in which the Shingle Creek Watershed Management Commission worked together with a school district to combine science and social studies learning in a three-week summer course where students did water and benthic invertebrate sampling and investigated ways to be politically active regarding water issues. Ms. Langsdorf said she would like to see schools in the Bassett Creek watershed offer a similar opportunity. She said the Shingle Creek WMO contributed $1,000 to the development and running of the program. The Commission directed the Education Committee to request information from Shingle Creek or the school district for Commission review. ii. Ms. Langsdorf discussed a national organization called Canines for Clean Water and showed a communication piece put out by the Minneapolis Park and Recreation Board in conjunction with the resources of the organization. Ms. Loomis said the Education Committee may be interested in looking into the resources made available by the organization. C. Committees: Education Committee i. Ms. Langsdorf announced that the education brochures will be mailed out to the Commission in the next couple of days. The Commission decided Ms. Herbert could mail a supply of the brochures to the commissioners and TAC members. ii. Ms. Thornton reported that two different watershed articles are in the works by the writer hired by the Commission and that a total of three articles are planned for 2009. Ms. Thornton requested that the Commission send her any contacts in the watershed of residents doing watershed-friendly practices. iii. Ms. Langsdorf announced that the next Education Committee meeting is on Tuesday, July 21, 2009, at 9:00 a.m. at Plymouth City Hall. Administrative Services Committee Chair Welch stated that the Administrative Services Committee would be scheduling a meeting. D. Counsel: No Communications. E. Engineer: No Communications. 8. Adjournment Ms. Black moved to adjourn the meeting. Ms. Loomis seconded the motion. The meeting adjourned at 2:06 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date #249358 vI BCWMC July 16,2009 Meeting Minutes 9 alley M du Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1,2009 Agenda Item 3. E. Receipt of July 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 2009 unallotment from the State is estimated at $344,470. Attachments July 2009 General Fund Budget Report - unaudited (2 pages) Recommended Action Motion to receive and file the July 2009 General Fund Budget Report. Percentage Of Year Completed 58.33% (unaudited) Expenditures: Over % 2009 July YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $333,565 17,172 200,301 ($133,264) 60.05% (5) City Manager 820,770 51,274 407,009 (413,761) 49.59% Admin. Services 1,555,470 88,979 887,065 (668,405) 57.03% Legal 115,000 16,956 58,983 (56,017) 51.29% (1) General Gov't. Bldgs. 602,500 32,325 273,932 (328,568) 45.47% Planning 356,490 26,929 212,436 (144,054) 59.59% Police 4,531,630 320,500 2,392,847 (2,138,783) 52.80% Fire and Inspections 1,549,690 117,411 849,107 (700,583) 54.79% (2) Public Works Admin. 312,430 25,272 172,477 (139,953) 55.21% Engineering 674,750 67,596 315,844 (358,906) 46.81% Streets 1,400,985 186,929 678,304 (722,681) 48.42% Community Center 77,125 2,251 29,496 (47,629) 38.24% Park & Rec. Admin. 642,845 50,221 340,978 (301,867) 53.04% Park Maintenance 976,035 73,143 461,229 (514,806) 47.26% Recreation Programs 432,680 73,986 227,929 (204,751) 52.68% Risk Management 248,765 61,708 192,470 (56,295) 77.37% (3) Transfers Out 814,970 0 489,970 (325,000) 60.12% (4) TOTAL Expenditures $15,445,700 $1,212,652 $8,190,377 ($7,255,323) 53.03% (1) This includes June ytd legal bill. (2) Paid on Call Firefighters are now being paid monthly versus semi-annually. (3) This includes three quarterly payments. (4) This expenditure was lowered due to the unallotment. (5) This amount includes services for YMCA and Home Free Shelter. City of Golden Valley Monthly Budget Report - General Fund June, 2009 (unaudited) Percentage Of Year Completed 58.33% Revenue: Over % 2009 July YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,796,685 5,704,363 $5,712,829 ($6,083,856) 48.43% (1) Licenses 151,425 9,332 165,797 $14,372 109.49% Permits 703,000 86,910 411,275 ($291,725) 58.50% Federal Grants 0 0 6,500 $6,500 State Aid 10,500 9,329 41,554 $31,054 395.75% Hennepin County Aid 0 0 1,250 $1,250 Charges For Services: General Government 36,020 16,598 28,148 ($7,872) 78.15% Public Safety 172,080 15,961 123,663 ($48,417) 71.86% Public Works 102,000 12,939 67,395 ($34,605) 66.07% Park & Rec 391,050 36,359 234,176 ($156,874) 59.88% Other Funds 1,187,000 77,517 645,311 ($541,689) 54.36% Fines & Forfeitures 280,000 15,901 110,547 ($169,453) 39.48% (2) Interest On Investments 230,000 0 0 ($230,000) 0.00% (3) Miscellaneous Revenue 210,940 10,066 202,181 ($8,759) 95.85% Transfers In 175,000 0 175,000 $0 100.00% TOTAL Revenue $15,445,700 $5,995,275 $7,925,626 ($7,520,074) 51.31 % Notes: (1) This includes first half taxes. (2) Fines and Forfeitures includes through June. (3) Investments will be booked at year end. alley o Planning 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1, 2009 Agenda Item 3. F. Approval of Six Month Extension for Filing of Plat and Submitting Final PUD Plan Application - PUD #107 - The Towers at West End - Southwest Quadrant of 1-394 and Highway 100 - Duke Realty, Applicant Prepared By Mark Grimes, Director of Planning and Development Summary At the March 3, 2009 City Council meeting, the Council approved the Preliminary PUD Plan and Preliminary Plat for The Towers at West End PUD No.1 07. The Preliminary PUD Plan and Preliminary Plat provide for the construction of a 4,000+ space parking deck attached to several office buildings that are located in St. Louis Park. Due to market conditions, Duke is requesting 180 day extensions for the filing of applications for the Final PUD plan and the Final Plat. When Duke received preliminary PUD plan approval, they hinted that they would be asking for extensions if the office market did not improve. In May 2009, the City revised the zoning code to allow for 180 day extensions for the filing of Final PUD plan applications. At the time of granting the extension, the City Council may add other conditions to the Preliminary PUD plan approval. At this time, the staff is not recommending any additional conditions be added to the Preliminary PUD approval. The City Council also has the right to extend the period for filing of Final Plat applications. Attachments Location Map ( 1 page) Letter from Duke Realty dated August 17, 2009 (1 page) Recommended Action Motion to approve an extension for submittal of the Final PUD Plan application and the Final Plat for The Towers at West End, PUD No.1 07 until February 28,2010. L 2ll Subject Properties City of St. Louis Park fIj ~ f tf 0- ~ iii' :r I '" i~'" .I."" ~.lo, /g t,;~ lI'! .J!.L(rj ~. lI'! ~. ... .lo, If( l~ ~f .'I:'~ <> @ I~ ~,t;\,ti;;,oj ,^~,~'l Pf'I;.lM$ -' C-(.l;t~-'!';g:\t ;;.:.} lO::;;iS GiS ~);"5 ~ ~ ,. ~ ~ \. ... "b o '" we I394TOSB HWYI00S SO HWY1OQ.s TO Ell 1394 1515 1525 1535 1545 o Yit..4~ , Duke REALTY CORPORATION 08/17/09 Mr. Mark Grimes Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: The Towers at West End - Preliminary PUD Golden Valley - St Louis Park, MN Dear Mark: This letter is to request a 180 day extension (February 28th, 2010) for our Towers at West End Development including the Preliminary PUD approvals. Market conditions have been very challenging in the past year and our local office is unable to start speculative office development at this time. We have continued interest in build-to-suit prospects and will keep you updated as to when a project might begin. If you have any additional questions please contact me at 952/543-2989. Sincerely, WsJ. P.E. David Bade, P.E. Development Services Manager Duke Realty 1600 Utica Ave S - #250 St Louis Park, MN 55416 I alley e d Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1, 2009 Agenda Item 3. G. Call for Public Hearing - Special Assessments - Delinquent Utility Bills and Miscellaneous Charges Prepared By Sue Virnig, Finance Director Summary At this meeting the City Council should call for a public hearing for October 6, 2009 at 7 pm to consider certifying the following special assessments: 2009 Delinquent Utility Bills 2009 Miscellaneous Charges - Includes false alarm responses, weed cutting, administrative citations, tree removal, etc. Recommended Action Motion to call a public hearing for special assessments for delinquent utility bills and miscellaneous charges for October 6, 2009 at 7 pm. ~ alley m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1, 2009 Agenda Item 6. A. Certification of Proposed 2010 Property Tax Levy Prepared By Sue Virnig, Finance Director Summary Truth-in-Taxation legislation requires that the City Council certify the proposed 2010 property tax levy by September 15. The actual 2010 property tax levy, to be adopted by the City Council in December, can be less than the proposed levy, but not greater. The 2010 property tax levy, included as part of the 2010 Proposed Budget, is currently $16,327,725. At the meeting City staff will make a short presentation reviewing the Proposed 2010 - 2011 Budget and 2010 Proposed Tax Levy. Attachments 2010 Proposed Tax Summary (1 page) 2010-2011 Proposed Revenue Summary (1 page) 2010-2011 Proposed Expenditure Summary by Division and Expenditure Category (1 page) Recommended Action Motion to certify the City's Proposed 2010 property tax levy in the amount of $16,327,725. City of Golden Valley 2010 Proposed Budget Tax Levy Summary Purpose General Fund Total General Fund Levy Special Levy for Fire Relief Association Pension Tax Abatement Levy - General Mills Expansion Bonded Debt Levy: Certificates of Indebtedness 2000 Street Improvement Bonds 2002 Street Improvement Bonds 2003-2004 Street Improvement Bonds 2005 Street Improvement Bonds 2006 Street Improvement Bonds 2007 Street Improvement Bonds 2008 Street Improvement Bonds 2009 Street Improvement Bonds Total Bonded Debt Levy Total Tax Levy Estimated 2009/2010 Tax Capacity Estimated 2009/2010 Tax Capacity Rate $819,320 967,324 638,934 759,929 133,759 81,435 60,874 48,691 303,954 Amount $11,996,290 11,996,290 150,000 367,215 3,814,220 $16327725 $33 986 294 48.04% CITY OF GOLDEN VALLEY GENERAL FUND Actual 2007 Actual 2008 Adopted 2009 Estimated 2009 Proposed 2010 Proposed 2011 % % % % % % Amount Total Amount Total Amount Total Amount Total Amount Total Amount Total Ad Valorem Taxes $10,608,084 72.4% $11,166,095 73.0% $11,796,685 76.4% $11,419,290 76.8% $11,552,050 77.4% $11,922,730 78.0% Licenses 165,230 1.1% 171,996 1.1% 151,425 1.0% 152,065 1,0% 151,865 1.0% 151,865 1.0% Permits 1,039,520 7.1% 1,280,355 8.4% 703,000 4.6% 703,000 4.7% 703,000 4.7% 703,000 4.6% Federal Grants 1,161 0.0% 1,400 0.0% 0 0.0% 2,500 0.0% 0 0.0% 0 0.0% State Grants 119,370 0.8% 104,081 0.7% 10,500 0.1% 40,250 0.3% 10,500 0.1% 10,500 0.1% Charges For Services 1,691,565 11.5% 1,638,602 10.7% 1,888,150 12.2% 1,698,340 11.4% 1,672,390 11.2% 1,664,130 10.9% Fines and Forfeitures 253,594 1.7% 223,317 1.5% 280,000 1.9% 230,000 1.5% 250,000 1.9% 250,000 1.9% I nterest on Investments 404,090 2.8% 300,951 2.0% 230,000 1.5% 230,000 1.5% 200,000 1.3% 200,000 1.3% Miscellaneous Revenue 195,264 1.3% 239,279 1.6% 210,940 1.4% 210,940 1.4% 216,675 1.5% 210,940 1.4% Transfers In 175,000 1.2% 175,000 1.1% 175,000 1.1% 175,000 1.2% 175,000 1.2% 175,000 1.1% TOTALS $14,652,878 100.0% $15,301,076 100.0% $15,445,700 100.0% $14,861,385 100.0% $14,931,480 100.0% $15,288,165 100.0% CITY OF GOLDEN VALLEY GENERAL FUND EXPENDITURE SUMMARY BY DIVISION AND EXPENDITURE CATEGORY PERSONAL SERVICES SUPPLIES AND SERVICES CAPITAL OUTLAY TOTAL Adopted Proposed Proposed Adopted Proposed Proposed Adopted Proposed Proposed Adopted Proposed Proposed DIVISION 2009 2010 2011 2009 2010 2011 2009 2010 2011 2009 2010 2011 GENERAL GOVERNMENT: C~y Council $136,830 $136,830 $138,745 $196,735 $170,625 $150,010 $333,565 $307,455 $288,755 C~y Manager 700,095 698,955 719,930 120,675 103,435 103,435 820,770 802,390 823,365 Legal 115,000 115,000 115,000 115,000 115,000 115,000 TOTAL General Government 836,925 835,785 858,675 432,410 389,060 368,445 1,269,335 1,224,845 1,227,120 ADMINISTRATIVE SERVICES 751,325 766,465 769,375 804,145 804,605 802,220 1,555,470 1,571,070 1,571,595 BUILDING OPERATIONS 31,900 31,900 32,550 570,600 567,600 567,600 602,500 599,500 600,150 PLANNING 289,145 289,145 297,875 67,345 44,405 44,405 356,490 333,550 342,280 POLICE Administration 706,225 730,380 753,440 31,045 31,245 31,245 737,270 761,625 784,685 Police 2,770,050 2,806,220 2,933,170 784,500 704,625 739,010 3,554,550 3,510,845 3,672,180 Prosecution and Court 34,810 34,810 34,810 205,000 205,000 205,000 239,810 239,810 239,810 TOTAL Public Safety 3,511,085 3,571,410 3,721,420 1 ,020,545 940,870 975,255 4,531,630 4,512,280 4,696,675 FIRE AND INSPECTIONS 1,300,955 1,310,455 1,351,030 248,735 229,365 231,740 1,549,690 1,539,820 1,582,770 PUBLIC WORKS: Administration 289,280 289,280 297,925 23,150 20,450 20,885 312,430 309,730 318,810 Engineering 216,325 185,095 189,705 458,425 466,545 476,245 674,750 651,640 665,950 Streets 769,395 769,395 788,975 623,090 594,100 617,105 8,500 8,000 8,000 1,400,985 1,371,495 1,414,080 Park Maintenance 700,750 700,750 722,055 275,285 267,520 274,085 976,035 968,270 996,140 TOTAL Public Works 1,975,750 1,944,520 1,998,660 1,379,950 1,348,615 1,388,320 8,500 8,000 8,000 3,384,200 3,301,135 3,394,980 PARKS AND RECREATION: Administration 532,195 532,195 547,850 110,650 107,650 107,650 642,845 639,845 655,500 Community Center 50,725 52,955 52,955 26,400 21,650 21,650 77,125 74,605 74,605 Recreation Programs 194,935 193,015 193,015 237,745 234,895 234,895 432,680 427,910 427,910 TOTAL Parks and Recreation 777,855 778,165 793,820 374,795 364,195 364,195 1,152,650 1,142,360 1,158,015 RISK MANAGEMENT 248,765 266,950 274,610 248,765 266,950 274,610 TRANSFERS OUT 814,970 439,970 439,970 814,970 439,970 439,970 TOTALS $9,474,940 $9,527,845 $9,823,405 $5,962,260 $5,395,635 $5,456,760 $8,500 $8,000 $8,000 $15,445,700 $14,931,480 $15,288,165 alley o d Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting September 1,2009 Agenda Item 6. B. Set Date for Hearings - 2010-2011 Budget and 2010 Property Tax Levy Prepared By Sue Virnig, Finance Director Summary The Department of Revenue has clarified the Truth-in-Taxation (TnT) process for setting the 2010 tax levy. The Council will need to schedule a meeting that will include discussion of the city budget and allow the public to comment. This meeting date needs to be announced at the time Council approves the proposed levy. Staff is recommending that Council hold an informal meeting on December 8 to hear comments on the budget and levy. This would be like the previous TnT meeting but does not need to be on camera and noticed. The December 15 Council meeting would be noticed and a public hearing would be held for further input and approval of the budget and levy. Recommended Action Motion to set the date of the informal public hearing for Tuesday, December 8 at 6:30 pm and the formal public hearing for Tuesday, December 15 at 7 pm for the 2010-2011 Budget and 2010 Property Tax Levy.