03-16-10 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
March 16, 2010
6:30 pm
The Council may consider item numbers 1,2,3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER
A. Roll Call
B. Recognition of Robbinsdale School District Lego League - First Place Win - State
Lego League Tournament
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 - March 2, 2010 and Council/Manager
Meeting - March 9, 2010
B. Approval of Check Register
C. Licenses:
1. General Business Licenses
2. Gambling License Exemption and Waiver of Notice Requirement - Rotary Club
of Golden Valley
3. Gambling License Exemption and Waiver of Notice Requirement - Northwest
Suburban Optimist Club
4. Solicitor's License - Domestic Business Promotions, Inc.
5. Rental Property Licenses
D. Minutes of Boards and Commissions:
1. Open Space and Recreation Commission - January 25, 2010
2. Human Services Foundation - January 11, 2010
3. Joint Water Commission - January 13, 2010
E. Bids and Quotes:
1. Squad Cars - Quotes
2. Pavement Cutter/Router - Quotes
3. GreenlTee Mower - Quotes
F. Receipt of February 2010 General Fund Budget Report
G. Bassett Creek Main Stem Streambank Stabilization Project
1. Agreement with Bassett Creek Watershed Management Commission
2. Joint and Cooperative Agreement with City of Crystal
3. Agreement with WSB & Associates, Inc.
H. Authorizing Transfer from General Fund to Street Debt Service Fund 10-18
3. CONSENT AGENDA - CONTINUED
I. Authorizing Submittal of a Grant Application to the Office of the Secretary of State for
an Automatic Door Opener for Two Polling Places 10-19
J. Support for Community Access Preservation Act 10-20
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - Precious Metal Dealer License - Jewelry Manufacturer's Exchange
Inc. - 618 Winnetka Avenue North
B. Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95,
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park,
Applicant
5. OLD BUSINESS
6. NEW BUSINESS
A. Authorization for Resubmittal of Application for Hennepin Youth Sports Program
Grant 10-21
B. First Consideration - Ordinance # 435 - Withholding Approvals Due To
Delinquencies or Defaults
C. Appointment to Theodore Wirth Park Citizen Advisory Committee
D. Announcements of Meetings
E. Mayor and Council Communications
7. ADJOURNMENT
Council/Manager Meeting Minutes
March 9, 2010
Present: Mayor Loomis and Council Members Freiberg, Pentel, and Shaffer, City Manager
Tom Burt, City Attorney Allen Barnard, Public Works Director Jeannine Clancy, City
Engineer Jeff Oliver, Finance Director Sue Virnig, Director of Parks and Recreation Rick
Jacobson and Assistant City Manager Jeanne Andre Council Member Scanlon was
absent.
The meeting began at 6:58 pm in the Council Conference Room.
Proposed Ordinance Amendments - Administrative Citations and Penalties of
Administrative Citations
Tom Burt explained that staff is recommending these ordinances to help with general
enforcement of the City Code without going through the court system, similar to the
process currently used for housing maintenance. Allen Barnard explained the process he
followed to develop these ordinances. He indicated that some areas of the City Code
currently have a system of fines and appeals, such as sections on sanitary sewer inflow
and infiltration, tobacco sales and residential and multifamily housing maintenance. He
systematically looked at adding this provision to all sections of the City Code currently
penalized by a misdemeanor or petty misdemeanor. He then developed new code
provisions including the purpose section and provisions for enforcement, appeals, and
failure to pay that could be applied to all of these sections. With the new provisions the
enforcement officer would have the ability to enforce all of these violations as either an
administrative citation or petty misdemeanor/misdemeanor. The second ordinance would
set the administrative fines that would apply for various types of violations. Tom Burt
explained that staff often has difficulty enforcing City Code provisions on signs, parking or
hours established in a Conditional Use Permit, because courts do not take these violations
seriously and it is expensive to take the violations through the judicial process. Many times
the violator takes corrective action, but soon reoffends. The threat of fines might alter this
behavior. He explained that staff would be trained to prepare a citation that could be used
no matter what penalty is selected, as it may be necessary to proceed to the courts if the
administrative citations are not successful. He also noted that some violations would be
taken immediately through the judicial process.
The Council had a number of questions, including: would there be a flood of appeals, does
the City have staff time to issue administrative citations, could neighbors harass other
neighbors with continued complaints leading to fines, would the enforcement be equitable
if done on a complaint basis and could staff go overboard in issuing citations. After this
discussion Tom Burt suggested that staff could review the extensive list of violations in the
draft ordinance for application of the proposed new administrative citations and whittle it
down, removing some petty offenses that don't warrant a fine and some serious offenses
that should be prosecuted as a misdemeanor. He will bring a sleeker version of the
ordinances to a future Council/Manager Meeting.
Council/Manager Meeting Minutes
March 9, 2010 - Page 2
Ordinance Amendment - Withholding Approvals due to Delinquencies or Defaults
Allen Barnard recommended that the Council consider an ordinance that explicitly requires
the City to withhold approvals when an applicant is delinquent or in default of local
ordinances or taxes. Although the City has withheld approval in some instances in the
past, he recommends that applicants be placed on notice of this requirement by formally
adopting it in the City Code. The Council supported placing this ordinance on an upcoming
Council agenda.
Hennepin County Youth Sports Program Grant Application Resubmittal
Jerry Sandler, Chair of the Open Space and Recreation Commission, provided background
on a grant proposal submitted in 2009 to the Hennepin County Youth Sports Program. The
application proposed the construction of two additional Little League ball fields just north of
the existing Honeywell field. He explained that the Golden Valley proposal was the highest
scored application not funded in the 2009 grant cycle, and the Commission recommends
that the City resubmit the grant for the next grant cycle, which has an application deadline
of March 29. The Commission solicited evaluation comments for the first grant. It ranked
well because it was one of the few applications that would construct new fields on
underutilized property. It lost points because of concerns about parking. For the new
submittal the grant proposal team has secured written permission from School District 281
to park on its property across the street. The team is also seeking written permission to
park in the lot of an adjacent business.
The Council discussed some of its concerns, including that: the City needs to front the
funding for the fields and seek reimbursement from the grant funds; soil conditions are not
well known and could cause the cost of the project to go up; accessibility of proposed
parking is not great and a new sidewalk may be necessary; the Little League contribution
has not yet been collected; more collaborating partners could be solicited; the site could be
needed in the future for a water treatment facility; and that the City would be taking on new
maintenance costs in difficult financial times.
Rick Jacobson explained that staff has reviewed the cost estimates and has suggested
increasing the grant request, as occurred with the initial application. The Council agreed to
place the grant proposal on the next Council agenda for consideration.
Comprehensive Plan Transportation Element: Roadway Functional Classifications
Mike Kotila of SEH and Jeannine Clancy reported on establishing new transportation
classifications. Due to earlier misguidance from the Metropolitan Council, staff decided to
start over and divide collector streets into major and minor classifications. The table in the
agenda packet listed the street classifications before the start of the 2008 Comprehensive
Plan review, and the classifications proposed by staff based on previous discussions with
the City Council. The Council supported the submission of the proposed changes to the
Transportation Advisory Board, which would allow streets classified as Major Collectors to
be eligible for grant funding. Changes to the Comprehensive Plan will be made after the
Metropolitan Council has approved the 2008 amended plan. Revising the map to remove
Minor Collector status from Regent Avenue south of Golden Valley Road was the only
change requested by the Council.
Council/Manager Meeting Minutes
March 9, 2010 - Page 3
Proposed Ordinance Amendment - Curb Cut Restrictions in Single Family
Residential Zoning District
Jeff Oliver distributed a revised Executive Summary and ordinance language. It included
new language that better defined the disability waiver. He noted that changes to the draft
ordinance reflect previous discussion with the Council. Jeannine Clancy explained that the
language regarding assessing for extra driveway cuts was inadvertently retained in the
latest draft, but would be removed as the Council previously requested. The new draft
provided for one curb cut for each lot except that up to two curb cuts would be allowed for
an existing horseshoe driveway, a second driveway to a garage, or to accommodate a
disabled person in a homestead property. The proposed language on establishing a
disability is tied to eligibility for disabled parking certificates. Allen Barnard suggested that
the specific waiver for horseshoe driveways could be deleted if it only applies to existing
homes, as horseshoe drives for these homes would be grandfathered. The Council
supported this approach and suggested the ordinance be presented at an upcoming
Council Meeting.
2009 General Fund Transfer
Sue Virnig reported that the preliminary unaudited 2009 revenues and expenditures
indicate that $500,000 is available to transfer to the debt service fund, which will help avoid
steep increases to the debt service levy. City staff was frugal and expenditures were lower
than estimates. Though revenues were below estimates, the lower expenditures more than
compensated and the overall fund balance was up. The Council supported placing a
resolution to transfer funds to the debt service fund on the upcoming Council agenda.
Formation of Housing Improvement Area
Tom Burt reported that staff had a request from the Briarwood Townhomes for City
assistance in forming a Housing Improvement Area to help fund common area
improvements such as siding and replacing sinking garages. With a housing Improvement
Area the City sells bonds for the expenditures, which are repaid by the homeowners
through assessments over time. Burt explained that the work of defining and bidding the
project falls to the homeowners association and the project could only go forward if a
majority of the homeowners agree to the assessments. The Council agreed that staff
should investigate establishing a Housing Improvement Area and work with Briarwood
homeowners to see if such an improvement area is a viable option for them.
Support for Community Access Preservation Act
Bob Shaffer reported that the Northwest Suburbs Cable Communication Commission
highlighted proposed federal legislation (HR3745) which supports continuation of public,
educational and government access channels that benefit cities. A draft resolution
supporting the legislation was distributed by the Commission. The Council directed staff to
place this resolution on the next agenda.
City Council Workshop Follow-up
The Council reviewed the list of items identified by the Council at its February 6 Workshop
for further consideration. After some discussion, the Council removed a number of items
that are likely to be relevant in the distant future, or will be routinely dealt with through
normal planning processes, including:
Council/Manager Meeting Minutes
March 9, 2010 - Page 4
. Look at north and south options for the road serving the MnDOT property (3.9.4
project).
. Study options for major transit oriented development (TOO) related to Bottineau
LRT through redevelopment of adjacent properties.
. Consider options if car dealers downsize.
At the suggestion of Tom Burt they agreed to look at employee recognition and from the
perspective of employees, letting recommendations filter up from employees. So human
resource items were removed. The Council removed the suggestion of a movie night at the
park because it is a difficult time to add new programming, though Council Members
expressed interest in such ideas filtering up through Bridge Builders.
Other items will remain on the list, though some will be reworded based on Council
discussion. Staff will develop a list outlining when further discussion of these items will
come forward, sometimes with new information from staff.
The meeting adjourned at 8:58 pm.
Jeanne Andre
Assistant City Manager
Regular Meeting
of the
City Council
March 2, 2010
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on March 2, 2010 at 6:30 pm.
The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer. Also
present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works;
Allen Barnard, City Attorney; and Lisa Wittman, Administrative Assistant.
Approval of Agenda
MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the
agenda of March 2, 2010 as submitted.
Approval of Consent Agenda
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
agenda of February 16, 2010 as amended: removal of Authorize Agreement with SEH, Inc.
for Construction Observation and Engineering Services.
*Approval of Minutes - City Council Meeting - January 19, February 3, 2010 and
February 16, 2010
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
City Council Meeting minutes of January 19, 2010, February 3,2010, and February 16,
2010 as submitted.
*Approval of Check Registers
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*Gambling License Exemption and Waiver of Notice Requirement - Church of Christ
the King
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the gambling license exemption and approve the waiver of notice requirement for
Church of Christ the King.
*Solicitor's License - The Window Store, Home Improvements, Inc.
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the
solicitor's license for The Window Store, Home Improvements, Inc.
Regular Meeting of the City Council
March 2, 2010
Page 2
*Minutes of Boards and Commissions
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Bassett Creek Watershed Management Commission - January 21, 2010
Environmental Commission - January 25, 2010
Planning Commission - January 25, 2010
Envision Connection Project Board of Directors - January 21, 2010
*2010 Pavement Management Program - Bids and Authorization to Sign Agreements
with Northwest Asphalt for the Construction of the 2010 PMP Proiect No.1 0-1, and
Xcel Energy for Relocation of Decorative Street Lights
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to award the bid
for the 2010 Pavement Management Program from the lowest responsible bidder,
Northwest Asphalt for $4,116,133.68. The bids were as follows:
Northwest Asphalt
Palda & Sons, Inc.
Nodland Construction Co.
GMH Asphalt Corp.
Forest Lake Contracting, Inc.
Valley Paving, Inc.
Veit & Company
C.S. McCrossan Construction, Inc.
Geislinger & Sons, Inc.
$4,116,133.68
$4,286,076.14
$4,466,852.03
$4,572,713.16
$4,741,040.85
$4,952,789.60
$5,059,608.50
$5,063,289.73
$6,004,766.63
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize
entering into an agreement with Xcel Energy Outdoor Lighting not to exceed $78,400 to
replace decorated streetlights and appurtenances in the 2010 Pavement Management
Program.
2010 Pavement Management Program - Authorization to Sign Agreement with SEH,
Inc. for Construction Observation and Engineering Services
Council Member Freiberg questioned if this portion of the Pavement Management Program
should have gone through the bid process. Thomas Burt and Jeannine Clancy reviewed
the bid process and the professional services process and the concurrence of Council was
that the proper process was followed. Freiberg suggested this topic be discussed at a
future Council/Manager Meeting.
MOVED by Freiberg, seconded by Shaffer and motion carried unanimously to authorize
entering into an agreement with SEH, Inc. for Construction Observation and Engineering
Services.
Regular Meeting of the City Council
March 2, 2010
Page 3
*Call for Public Hearing - Special Assessments - 2010 Pavement Management
Program - 4/6/10
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to call for a
public hearing for Special Assessments for the 2010 Pavement Management Program on
April 6, 2010.
* Acceptance of Cash Donation - Brookview Men's Golf Association
Member Pentel introduced the following resolution and moved its adoption:
RESOLUTION 10-17
RESOLUTION ACCEPTING DONATION FROM
BROOKVIEW MEN'S GOLF ASSOCIATION FOR
PURCHASING, WIRING AND INSTALLATION OF A FLAT SCREEN MONITOR
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
*Letter from Three Rivers Park District Regarding Winter Trail Maintenance
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and
file the letter from Three Rivers Park District, dated February 11,2010, regarding winter
trail maintenance.
Second Consideration - Ordinance #430 - Amending Section 4.20 Regarding Sign
Permits and Regulations in 1-394 Mixed Use Zoning District
The following ordinance was MOVED by Pentel, seconded by Freiberg:
ORDINANCE NO. 430, 2ND SERIES
Amending Section 4.20 Regarding Sign Permits and
Regulations in 1-394 Mixed Use Zoning District
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve on
Second Consideration, Ordinance #430, 2nd Series. Upon a roll call vote, the vote was as
follows:
FREIBERG - YES LOOMIS - YES PENTEL - YES SCANLON - YES SHAFFER - YES
MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve
publication of the summary ordinance.
Regular Meeting of the City Council
March 2, 2010
Page 4
Announcements of Meetings
The next Council/Manager meeting will be held on March 9, 2010 at 6:30 pm.
Some Council Members may attend the Hopkins Community Education Diversity Forum -
Class Disparities on March 9, 2010 from 7 to 8:30 pm at the Eisenhower Community
Center.
Some Council Members may attend the Caring Youth Recognition event on March 11,
2010 from 7 to 8 pm at the Minnetonka Community Center.
The Golden Valley Historical Society presents Judy Dutcher, "The Museum of Russian Art"
on March 11, 2010 at 7 pm at the Golden Valley Historic Church
The next City Council meeting will be held on March 16,2010 at 6:30 pm.
Some Council Members may attend the Hopkins Community Education Diversity Forum-
Place Disparities on March 16,2010 from 7 to 8:30 pm at the Eisenhower Community
Center.
The State of the City will be held on March 19, 2010 at 7:30 am at City Hall.
Mayor and Council Communications
Mayor Loomis discussed an anonymous letter received regarding the Council's recent
discussion on rain barrels and the subsequent article in the SunPost. Council Member
Pentel added that she appreciates when correspondence has contact information included
so meaningful dialogue can occur.
Adiournment
The Mayor adjourned the meeting at 6:51 pm.
Linda R. Loomis, Mayor
ATTEST:
Lisa Wittman, Administrative Assistant
alley
M n m
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
1. B. Recognition of Robbinsdale School District Lego League - First Place Win - State Lego
League Tournament
Prepared By
Joe Hogeboom, City Planner
Summary
The Robbinsdale School District's Lego League, made up of sixth grade students from
Golden Valley, has one first prize in the Minnesota State Lego League Tournament. The
group presented its winning presentation to the Council in January, several weeks before the
state tournament. The presentation focused on waste collection practices in the Twin Cities.
The State Lego League Tournament is a highly competitive event, with over 70 teams
competing state wide. The City would like to honor the student competitors with awards at the
City Council meeting. Lego League team members include:
. Jesse Spaulding
. Amelia Huesinkveld
. Ben Gallup
. Garrett Williams
. Isaac Griffin-Wiesner
alley
e
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
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.
alley
M m n m
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Christine Columbus, Kathy Pepin and Jill Lund, Administrative Assistants
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.
#4086 Speedway/Superamerica #4497 Off Sale Non-Intoxicating Liquor $150.00
6955 Market Street
#4087 Speedway/Superamerica #4443 Off Sale Non-Intoxicating Liquor $150.00
1930 Douglas Drive
#4105 Theodore Wirth Par 3 On Sale Non-Intoxicating Liquor $500.00
1339 Theodore Wirth Parkway
#4106 Davanni's Pizza & Hot Hoagies On Sale Non-Intoxicating Liquor $500.00
663 Winnetka Avenue North
#4107 Brookview Golf Course On Sale Non-Intoxicating Liquor Fee Waived
200 Brookview Parkway
#4108 Holiday Inn Express On Sale Non-Intoxicating Liquor $500.00
6020 Wayzata Boulevard
#4114 Schuller's Tavern Da nci ng/E ntertai nment $375.00
7345 Country Club Road
#4121 Schuller's Tavern 1 Amusement Device $30.00
7345 Country Club Road
#4118 Chester Bird American Legion 2 Amusement Devices $45.00
200 Lilac Drive North
#4115 Collision Center Motor Vehicle Facility $25.00
900 Florida Avenue South
#4113 Lubrication Technologies Bulk Oil Storage Plant $25.00
900 Mendelssohn Avenue North
#4116 Lauren Clayman Flower Sales $20.00
1432 Rhode Island Avenue North
#4124 Feist Automotive Group Gas Station 10 Nozzles $190.00
1875 Lilac Drive North
#4123 Holiday Station Store Gas Station 26 Nozzles $430.00
7925 Wayzata Boulevard
#4125 Lupient Oldsmobile Gas Station 1 Nozzle $55.00
7100 Wayzata Boulevard
#4122 Gregg & Jim's Service Gas Station 8 Nozzles $160.00
1900 Douglas Drive
#4130 Golden Valley BP Gas Station 12 Nozzles $220.00
600 Boone Avenue
#4133 Morrie's European Car Sales Gas Station 1 Nozzle $55.00
7400 Wayzata Boulevard
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
alley
m
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. C. 2. Gambling License Exemption and Waiver of Notice Requirement - Rotary Club of
Golden Valley
Prepared By
Christine Columbus, 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 Rotary Club of Golden Valley 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 the Rotary Club of Golden Valley.
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 of2 1/10
Application fee
If a ication ostmarked or received:
less than 30 days more than 30 days
before the event before the event
$100 $50
ORGANIZATION INFORMATION
Check #
$
Organization name
Previous gambling permit number
~t,,\Z-\ CJ.A~ Of .?t~ \JA-U..l\-1 ~,...:l.
Type of nonprofit organization. Check one.
Fraternal D Religious D Veterans D Other nonprofit organization
ailing address City State Zip Code County
l C>c>l 64(')L.C?5N \J pl'f..Ui.:{ ~V) 4.1)/...OrtieJ Vi'tUJi.."( t-/\r..i SSC(Z1- ~(/\11 I ~.
Name of chief executive officer (CEO) Daytime phone number Email address
~ f'i,.Drz.v..(.. ~AtA..u'oo ()u -=flD~ ' If'5"O ~ (Pl'l f) ~ ?.ALlbo"-J G ~/'.I.\p\~. OJ\A
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Do not attach a sales tax exempt status or federallD employer numbers as they are not proof of nonprofit status.
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
D
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.
D
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.
D
IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
tnV/...9&..... V ~'t tl t5'--f ! to(.lr\.o 1\Z- '( (..L\.qh
Address (do not use PO box) City Zip Code County
1(')c\. ti.OL05+-/.. \.J A'u....r;.. '"( tz.op.,.v.:> 4OLO~ V ~ to\\t-J. "5"SI..('2":l-
Date( s) of activity (for raffles, indicate the date of the drawing)
t-'\A'-t -:f- Z,b( l.~
"-
heck the box or boxes that indicate the type of gambling activity your organization will conduct:
o Bingo* Raffles DPaddlewheels* DPull-Tabs* o Tipboards*
* 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.
PrintForm I
I Reset Form I
LG220 Application for Exempt Permit
Page 2 of 2
1/10
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If .the gambling premises is within city limits, If the gambling premises is located in a township, a
a city official must check the action that the city is county official must check the action that the county is taking
taking on this application and sign the application. on this application and sign the application.
A township official is not required to sign the application.
....LThe application is acknowledged with no waiting period. _The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30
days (60 days for a 1 st class city). days.
_The application is denied. _The application is denied.
~_ ..-!;;~ ,I. ;'} ,,_, Print county name
Print city name . i ".I. '-/ ". - e-lc\f.t: ld"V\"\(,\"J On behaff of the county, I acknowledge this application.
On behaff of the city, I a~knOWledge this application. " Signature of county official receiving application
Sign,\re of city official receiving application
C/e.~-:J -ITO ()'Q {,l~ ~-v~ Title Date--1--1_
Title i\d.i\\( \\ -A.f&1 '~Date ~ 1:;).:71 /0 (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 I I
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 annmed to the Boa~n 30 days of the date of our gambling activity.
Chief executive officer's signature '~ ./ J'?_ '/ /J j ... I ~ ~ Date ;;l..1 ~ '1/1 /)
Complete a separate application for each g~bing activity: Financial report and recordkeeping required
- one day of gambling activity, A financial report form and instructions will be sent with
- two or more consecutive days of gambling activity, your permit, or use the online fill-in form available at
- each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date,
Send application with: complete and retum the financial report form to the
- a copy of your proof of nonprofit status, and Gambling Control Board.
- application fee for each event. Questions?
Make check payable to "State of Minnesota." Call the licensing Section of the Gambling Control
To: Gambling Control Board Board at 651-639-4076.
1711 West County Road B, Suite 300 South I Pritit Form I I Reset Form I
Roseville, MN 55113
This form will be made available in alternative the Board will be able to process your
" .. organization's application. Your organization's
format (~.e.large ~nnt. B~Ue) up~ request. name and address will be public information
Data. pnvacy notice:The Information ~quested when received by the Board. All other
on thiS form ~and any attachments) will be used information provided will be private data until
by the ~ambllng Con~ ~~rd (B~ard). to the Board issues the permit. Vllhen the Board
det~rmlne y~ur organ~ s qua.Ii~~ti~ns to issues the permit, all information provided will
b~ inVOlved In lawful ga!'1bl~ng actlvities.'n become public. If the Board does not issue a
Minnesota. Your organIZation has the nght to .t II' ~ atio "d d . ..
.. perml ,a In.orm n praVl e remains pnva,e.
refuse to ~upply the In~o~ation requested; with the exception of your organization's name
however, if your organIZation refuses to supply and add hich '11 . bIi Private
this inf~rmation, the ~a~ may n~ be ~b1e to data are r::i:ble ;: ~::n,:~rs Board
determine your organIZation's qualifica~ons staff whose work uires access to th~
and, as a consequence, may refuse to ISSUe a req
permit. If you supply the information requested,
information; Minnesota's Department of
Public Safety; Attorney General;
Commissioners of Administration, Minnesota
Management & Budget, and Revenue;
Legislative Auditor, national and international
gambling regulatory agencies; anyone pursuant
to court order; other individuals and agencies
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 written
consent.
Rotary Club of Golden Valley
7001 Golden Valley Road' Minneapolis, Minnesota 55427
February 25,2010
Ms. Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
RE: Waiver for 30-Waiting Period
Dear Judy,
The Rotary Club of Golden Valley will host our annual Gala Fundraiser at the Golden Valley Golf
and Country Club on Friday, May 7,2010. We request permission to hold a raffle at this event
and respectfully request the City Council waive the customary 30-waiting period for the exemption
for a lawful gambling permit required for this type of event.
Thank you for your consideration. If you have any questions, please contact me at your
convenience.
Service Above Self
alley
e d m
City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - Northwest
Suburban Optimist Club
Prepared By
Christine Columbus, 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 Northwest Suburban Optimist Club 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 Northwest Suburban Optimist Club.
fI
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.
... OR(;AN'ZATlONHINf(jFtl\r1~TION!C/i...........................
Page 1 of2 2/10
Application fee for each event
If lication ostmarked or received:
less than 30 days more than 30 days
before the event before the event
$100 $50
..:.......>:....
.......i.........!d~~ii..n? ...................................$.............................
Organization name
NORTHWEST SUBURBAN OPTIMIST CLUB
Previous gambling permit number
X - 4230
Type of nonprofit organization. Check one.
D Fraternal D Religious Dveterans I X I Other nonprofit organization
Mailing address City state Zip Code
7001 Golden Valley Rd Golden Valley MN 55427
County
Hennepin
Name of chief executive officer (CEO)
David J. Herbeck
Daytime phone number
763-546-6211
Email address
dherbeck@bpkz.com
.Affi1cha:c~)~y,OfONECif\tIiEtfo~~oWlri{Jforpfc)6fc)f}lid#pJ"()fif$tatlls.(;h~cR,()Ij~>ii.................. ........ . ..
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
[g]
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
D
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.
D
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.
D
IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
(;AMBLINGe~EIVII~ESINfOijI\llAIION\..................
Name..ofpremiseswheregarriblingacl:ivltYwm..be..cohduCted .(f6rrii'fflfj~,..listtheslte.Wherethe .drawlrigw\ll.t~k~pface).... .... ..
Golden Valley Golf & Country Club
Address (do not use PO box)
7001 Golden Valley Rd
City
Golden Valley
Zip Code
MN
County
Hennepin
Date(s) of activity (for raffles, indicate the date of the drawing)
May 13, 2010
heck the box or boxes that indicate the type of gambling activity your organization will conduct:
D Bingo* ~ Raffles DPaddlewheels* DPull-Tabs* DTipboards*
* Gambling equipment for pull-tabs, bingo paper, tipboards, and
paddlewheels must be obtained ITom a distributor licensed by the
Gambling COntrol Board. EXCEPTION: Bingo hard cards and bingo
number selection devices may be borrowed ITom another organization
authorized to conduct bingo.
Also complete
Page 2 of this form.
li;:tl__ ;l)~
To find a licensed distributor, go to www.gcb.state.mn.us and click on Ust
of Ucensed Distributors, or call 651-639-4076.
r
LG220 Application for Exempt Permit
Page 20f2
1/10
.LQPALUNltPFGQ\{ERt.lMENj\Aei<NowtEPGMENT?)>.........>..............
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.
.L 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 1st class city).
_The application is denied.
Print city name GOLDEN VALLEY
On behalf of the city, I acknowledge this application.
Zl"'"'. of city official <eceiving appHcation
~~ ~~, lruLJ
Title~'-'4-0 UALU-;/- Oate-2L/ g- ,-1.JL
Ifthe 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
Oate-'-'_
(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 StaMe 349.166)]
Print township name
Signature of township official acknowledging application
Title
Oate-'_'_
..CI--I1EF.EXEql.JttvEOF.tr~E~':$SI$f.lJ.\rurtl:>......i<
. .
~;:::.~~: ~:'r :~:) },\.:~~ r:j ;?i:~~>: ::-.:>::.:<': : '. :.- : : . . .
. .... .~'....
The information provided in this application is complete and accura e to the best of my knowledge. I acknowledge that the
financial report will be completed and ed to Boa within 0 days of the date of our gambling activity.
Chief executive officer's signature Date March t, 2010
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 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 retum the financial report form to the
Gambling Control Board.
Questions?
Call the Ucensing Section of the Gambling Control
Board at 651-639-4076.
This form will be made available in alternative the Board will be able to process your
. .. organization's application. Your organization's
format (I.e. large print, BraIUe) upon request. nd ddr 'n be bJ" inti'--"-
O t. t" Th.nfo' d name a a ass WI pu IC u.....uvn
a a pnvacy no ICe: e I rmation requeste whe ived b the Bo d All th
th" (d ttach ) "II be ed n rece y a~. 0 er
on IS .orm .an any a ments WI us information provided will be private data until
~y tthe ~mb"ng con~I:~rd (s:r~ to the Board issues the permit. When the Board
b e ~rml~e ru~~nlZa mb~ s q~ca ~ns to issues the permit, all information provided will
e InVO ve In u ga Ing a es In beoome publ"1C If the Board does not 'lSSue a
M' ta Y . tio ha th . ht "
Inneso . our o~mza .n s e ng to permit, all information provided remains private.
refuse to supply the Information requested; with th pt' of. . tio'
h if . . e exce Ion your organlZa n s name
~~ver. ~our organIZation refuses to supply and address which will remain public. Private
thiS Information, the Board may not be able to d la 'lable t Board mbe Boa d
determ' 0 g . f' Iificalio a are ava. 0: me rs, ~
Ine your r anlZa IOn s qua . ns staff whose work requires acooss to the
and, as a consequence, may refuse to ISSUe a
permit. If you supply the information requested,
information; Minnesola's Department of
Public Safety; Attorney General;
Comnissioners of Administration, Minnesota
Management & Budget, and Revenue;
Legislative Auditor, national and international
gambling regulatory agencies; anyone pursuant
to court order; other individuals and agencies
specifically authorized by state or federal law to
have acooss 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 written
consent.
,
NORTHWEST SUBURBAN OPTIMIST CLUB
7001 Golden Valley Rd, Golden Valley, MN 55427
MarchL 2010
Golden Valley City Offices
7800 Golden Valley Road
Golden Valley, MN 55427
Re: Gambling license application for raftle on May 13, 2010
at the Golden Valley Country Club
Attn: Mayor and Council
For the attached application, the Northwest Suburban Optimist Club (formerly Optimist Club of
Golden Valley) respectfully requests a waiver of the usual 30 day waiting period.
Thank you.
Sin7r {A- _
Da~dent
Phone: 763-546-6211
hlley
e m
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. C. 4. Solicitor's license - Domestic Business Promotions, Inc.
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor license Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Domestic Business Promotions, Inc.
Peddler/Solicitor License Aoolication
TO: Golden Valley City Council Fee Paid: $ .C50 C]52-
7800 Golden Valley Road Number. of Persons: C()
Golden Valley, MN 55427 Type of License Requested:
Enclose the sum of $ ~ oJ for (() (number) peddlers/solicitors as required by City Code of the City of
Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license.
Oc"yYl..,,:2 ~1;--[ fUtiJ h.e s r ~(JrYIo'f;'Dn-.I ~G
(Business or Individual Name or Organization to be Licensed) ./
l.j/-/QtC(f//7
(MN Business ID or FEIN (Federal ID) for business licenses)
Define Business C) ~(.)r& rrr.-{Y1
(Corporation, Proprietorship, P nership, Non-Profit, State of Incorporation or Individual)
5" 1:3 C fA u vr~ h, '/ / .s 1;re c:> -r- We 5 ~
(AddFess, inoluding City, State and Zip Code)
S.?7 '/IWA-~ fttA/ S" sot:? 2. 6f!-bV <! -4 "3/ if
(Telephone Number, including Area Code)
NOW, THEREFORE, D>~t,Q. ~VS(~S fr(j>fV'()bo1}-~eby makes application for the
.' J (Applicant Name)
period of Lf /7 10 through 6/30/ ~ subject to the conditions and provisions of said City Code.
t
~Q)1~~~
(Signature of Applicarit/Principal Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed,
- additional sheets (be re) ;; 'PO;' _ :-;::~~ F<>r
G() l i'\ 1/:., It rz..e 70 S ~I' .", y J'
NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such
change or modification.
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:
O;:f si>ff~ 5I; ~-
.MQ j~( i' 1i10f'\ tpr c.c
G 6 , -64Lf-J13 / Lf
I, h'/f
(If more space is needed, attach additional sheets)
State of n) In 11 t'S o-h- )
) ss.
County of He V1 V\ e D I r.... )
I, P.q\~ ~J.D.rI'\O~ of Pv-rvV'Sf.1 i ~u5In€S5 ~OVV'i)icoV}:{/let
(OfficerlIndividual) (Name of Organizatioq)
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.
~~-~
&~&&&aa&&6&A&~.
^,AA&~_A.AA.A~~............. I
E; .......................
JUDITH A. NALLY
NOTARY PUBLIC-MINNESOTA
My ~ EJIiIreI Jan. 81. 2015
III
M mo du
Fire Department
763-593-8055 I 763-512-2497 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
3. C. 5. Rental Property Licenses
Prepared By
Joshua Kunde, Fire/Property Maintenance Specialist
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.
#30008-2010
Crossroads Apartments
5601 Glenwood Avenue
Multiple Family Rental
$800.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
Regular Meeting Minutes of the
GOLDEN VALLEY OPEN SPACE & RECREATION COMMISSION
Monday, January 25,2010 -7:00 PM
Brookview Community Center
1. CALL TO ORDER
Sandler called the meeting to order at 7:00 p.m.
2. ROLL CALL
The following members were present: Roger Bergman, Kelly Kuebelbeck, Emily
Piper, Anne Saffert, Jerry Sandler, Dan Steinberg and Jim Vaughan. Also
present were: Rick Jacobson, Director of Parks and Recreation; Jeanne Fackler,
Senior Citizen Coordinator; and
Sheila Van Sloun, Administrative Assistant.
The following members were absent: Bob Mattison and Ken Graves.
3. AGENDA CHANGES OR ADDITIONS
Jacobson added City Budget.
4. APPROVAL OF MINUTES - November 23, 2009
MOVED by Bergman and seconded by Steinberg to approve the November 23rd
meeting minutes. Motion carried unanimously.
5. RECREATION REPORT - JEANNE FACKLER
Fackler gave an update on her senior programs and responsibilities. She added
she has now been with Golden Valley for five years and commented on how fast
it's gone by.
She discussed the responsibilities of her part-time staff that assist with various
programs, trips and projects.
In 2010, she has 25 one-day and 3 overnight trips scheduled. Trips average
about 30 participants and are run in cooperation with St. Louis Park and
Hopkins.
Some of her groups and programs include: Senior Chorus, Senior Par 3 Golf
League, Senior Bowling League, Pedal Pushers, Remember When with Jan,
Money Matters, Coffee Talk, Oil Painting and Bridge Classes, and card and
game groups. She said her golf and bowling leagues are run in cooperation with
St. Louis Park. She added that over 10,000 seniors are reached through the
Golden Valley Senior Program through programs, trips, and on the phone.
Minutes of the Golden Valley Open Space and Recreation Commission
January 25, 2010
Page 2
Fackler is also the staff liaison for the Golden Valley Human Services Foundation. She said
the foundation has three events scheduled in 2010. Run the Valley RacelWalk in April,
Golden Valley Golf Classic in July, and The Taste of Golden Valley in November.
Sandler said he feels Fackler is doing a wonderful job and is happy to have her
as Golden Valley's Senior Coordinator.
6. ATHLETIC FIELD GRANT PROGRAM
Jacobson said a rejection letter was received by the City. He gave details on
specific reasons for not being awarded the grant, not from the letter, but from the
Amateur Sports Commission staff.
The Commission discussed how the grant could be improved and what projects
they'd like to include for next year.
Sandler expressed his disappointment that the City was not notified before the
information was published in the newspaper.
Kuebelbeck relayed feedback she received from Golden Valley Little League.
Sandler suggested having representatives from Little League and the Golden
Valley Engineering Department meet to review the cost proposal for the
Honeywell project.
7. ANNUAL DEER SURVEY
Jacobson said a fly over was done on January 6th counting 39 deer in Golden
Valley, 1 in Wirth Park and 14 just over the city border in Robbinsdale. He said
in 2009,56 were counted.
8. CITY BUDGET
Jacobson said the City Council has asked staff to submit a list of budget cuts
totaling 5% for 2010, with an additional 5% for 2011. The Recreation
Department has submitted their recommendations.
9. ADJOURNMENT
MOVED by Piper and seconded by Saffert to adjourn at 8:15 p.m. Motion carried
unanimously.
Golden Valley Human Services Foundation (GVHSF) Meeting
Minutes
January 11, 2010
Present: Dan Blumb, Hilmer Erickson, Brenda McGhie, Chris Monroe, Connie Sandler,
and Toots Vodovoz. Also present Mayor Linda Loomis, Dean Penk and Jeanne Fackler,
Staff Liaison.
Not Present: Elissa Heilicher, Gloria Johnson, Diane Nimmer and Steve Schumacher.
Call to Order: Chairman Blumb called the meeting to order at 6:34 p.m.
October 12 minutes: Sandler moved and Vodovoz seconded the motion to approve the
minutes of October 12. The motion passed unanimously.
Taste of Golden Valley evaluation: Members felt the event was a success. Sandler will
contact The Metropolitan to set a date for 2010. McGhie will add the GVHSF funded
agencies to the publicity list.
Run the Valley - April 1 0: The t-shirt designs were reviewed and Eric Lichtenberg's
design was selected. Fackler will notify the entrees of the selection. Registrations have
been taken for the race. A mass e-mail was sent with positive response. Sponsorship
letters will be sent this month. McGhie will do publicity for the event. Sandler will get a
quote on the t-shirts.
Golden Valley Foundation proposal: Mayor Loomis and Dean Penk presented
information on the proposed Golden Valley Foundation. Discussion followed. Members felt
this was an opportunity for the GVHSF and would like to have a representative on the
committee. Nimmer and Blumb have offered to represent the GVHSF on the committee.
Blumb will contact Mayor Loomis.
Calendar Review:
Run the Valley - April 10.
Golf Classic - July 9. Sandler suggested to publicize with the Junior Golf League. Fackler
will contact the Golf Course Manager to help with advertising.
Taste of Golden Valley - Sandler will contact The Metropolitan to set a date for November.
Other Business:
Fackler passed out the proposed solicitation letter. Several suggestions were made to
change the letter which will be given to the Communications Department.
Blumb reported that the Council accepted the GVHSF recommendations for funding.
Adjournment: Sandler moved to adjourn the meeting, Monroe seconded the motion. The
meeting was adjourned at 8:17 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of January 13, 2010
The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to
order at 1 :30 pm, in the City of Golden Valley Council Conference Room.
Commissioners Present
Tom Burt, City Manager, Golden Valley
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Staff Present
Sue Virnig, Finance Director, Golden Valley
Bert Tracy, Public Works Maintenance Manager, Golden Valley
Dave Lemke, Utilities Maintenance Supervisor, Golden Valley
Paul Coone, Operations Manager, New Hope
Bernie Weber, Utilities Maintenance Supervisor, New Hope
Guy Johnson, Director of Public Works, New Hope
Tom Mathisen, Director of Public Works, Crystal
Other
Scott Harder, Environmental Financial Group (EFG)
Minutes of December 2, 2009
MOVED by McDonald seconded by Norris and motion carried unanimously to approve the
minutes of the December 2, 2009 meeting.
Resolution 10-01 regarding Designating Depositories for Joint Water Funds
Commissioner McDonald introduced the following resolution and moved its adoption:
RESOLUTION 10-01
RESOLUTION DESIGNATING DEPOSITORIES FOR JOINT WATER FUNDS
The motion for the adoption of the foregoing resolution was seconded by Commissioner
Norris and upon a vote being taken thereon, the following voted in favor thereof: Burt,
McDonald, and Norris; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted, signed by the Chair and his signature
attested by the Vice Chair.
Barr Engineering Joint Water Commission Emergency Water Supply Technical
Memorandum Update
Further updates will be presented to the JWC board after the Technical Memorandum is
discussed at the upcoming Technical Advisory Commission meeting. TAC will create a
scope on phasing in on the next step, which might include cost estimates and possible well
sites.
Joint Water Commission
Page 2 of 2
Letter to the City of Minneapolis
Harder has drafted a letter to the City of Minneapolis regarding costs related to services,
Harder will forward the letter to the JWC Commissioners so they can review the letter
before deciding on how to proceed.
Contract for Services for Environmental Financial Group, Inc
Harder submitted a proposal for services based on an hourly basis which would not exceed
$35,000. Invoices would be submitted monthly for services regarding various issues to
include backup City water supply, expanded JWC oversight and governance, emergency
interconnections with neighboring cities, and supplemental groundwater supply.
Proposal is being taken under consideration by the JWC Commissioners.
Contract for 2009 Audit Services
MOVED by McDonald, seconded by Norris to authorize staff to contract with MMKR
Certified Public Accountants for an amount not to exceed $8,525.00 for 2009 Audit
Services for the Joint Water Commission.
Cleanwire Communications (South Tower)
Clear Wireless LLC aka Clearwire met with New Hope about a possible location on their
water tower. New Hope staff had concerns about the lack of space for the equipment. The
layout was reviewed by the three cities.
MOVED by Norris, seconded by Burt and motion carried unanimously to deny the request
from Clear Wireless LLC, to locate equipment for Wireless Services on the New Hope
Water Tower, located at 2801 Hillsboro Avenue North, New Hope, Minnesota.
Next Meeting
The next meeting will be February 3, 2010.
Adjournment
The meeting was adjourned at 2:00 pm.
Thomas D. Burt, Chair
ATTEST:
Christine Columbus, Administrative Assistant
alley
M 0 n m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
3. E. 1. Purchase One Dodge Charger and One Crown Victoria Marked Squad Cars
Prepared By
Jeannine Clancy, Director of Public Works
Stacy Altonen, Chief of Police
Bert Tracy, Public Works Maintenance Manager
Summary
The 2010-2014 Capital Improvement Program includes $60,000 for the purchase of two
marked police squad cars, equipment, and setup (V&E-001, page 23).
The marked squad car budget allows $60,000 for the purchase, replacement equipment, and
setup of two marked police squad cars. The two marked squad cars being replaced meet
replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition
Index (VCI). The VCI index is a tool utilized to assess all vehicles scheduled for replacement,
and any vehicle scoring greater than 28 points meets the category of "needs immediate
consideration" for replacement. The squad cars due for replacement each scored greater
than 28 points.
The purchases will be made under the State of Minnesota Squad Car Contract 439865, Elk
River Ford, and Contract 442518, Dodge of Burnsville. Both contracts are on file in the
Vehicle Maintenance Division. The difference between the purchase price and the budget is
utilized as-needed replacement equipment and setup for the marked squads, including light
bars, siren controls, and other squad equipment.
The Minnesota Materials Management Division has awarded the following contracts:
Contract No. Item Vendor Amount
439865 Ford Crown Victoria Elk River Ford $21,910.32
442518 DodQe CharQer DodQe of Burnsville $21,293.00
TOTAL PURCHASE $43,203.32
Recommended Action
Motion to authorize the purchase of one Ford Crown Victoria from Elk River Ford for
$21,910.32 and one Dodge Charger from Dodge of Burnsville for $21,293.00 for a total
purchase amount of $43,203.32
alley
m d m
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. E. 2. Purchase One Crafco Model 200 Pavement Cutter/Router
Prepared By
Jeannine Clancy, Director of Public Works
Bert Tracy, Public Works Maintenance Manager
Summary
The 2010-2014 Capital Improvement Program includes $15,000 for one Asphalt Crack
Router (V&E-105, page 46). The Crafco pavement cutter/router being replaced meets
replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition
Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled
for replacement, and any vehicle/equipment scoring 23 to 27 points meets the category of
"qualifies for replacement." The current Crafco pavement cutter/router score is 27points. Staff
will utilize the pavement cutter/router to route cracks in the street prior to crack sealing.
The Minnesota Materials Management Division has awarded the following contract:
Contract No. Item Vendor Amount
441112 Crafco Model 200 Pavement Brock White Co., LLC $12,110.81
Cutter/Router
Tax $832.62
Subtotal $12,943.43
Attachments
Brock White Co., LLC quotation for the Crafco Model 200 Pavement Cutter/Router (1 page)
Recommended Action
Motion to approve purchase of one 2010 Crafco Model 200 pavement cutter/router in the
amount of $12,943.43.
BROCKWHITE
Sioux Falls
818 E 50th St, Sioux Falls, SD 57104
605-339-1977, Fax 605-339-2460
1-888-265-5315
www.brockwhite.com
CONSTRUCTION MATERIALS
HELPING BUILD YOUR SUCCESS
Date 3/9/2010
BW Sales Rep
Quotation/Order Acknowledgement
Customer City of Golden Valley
Name Steve Loomis
Address
City State Zip
Phone Fax
Email sloomislalci.aolden-vallev .mn. us
Project
Name
Address
City State Zip
Phone Fax
Quote valid through: 30 days For delivery prior to:
7
BW Product # Spec Ord Description Quantity Price/Unit Total
Crafco Model 200 Pavement Cutter, Self-Propelled ea $11,720.63
Carbide Cutters 6/set $279.78/set
Hardened Pins 6/set $80.82/set
Hour Meter ea $29.58/ea
Sub Total $12,110.81
Tax $832.62
Total $12,943.43
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
Special Notes or Arrangements:
State Contract Number 44112, Contract Release: A-228(5)
Taxes: Sales Tax or other taxes are not included.
Delivery: FOB Brock White. Customer to unload. All promises for delivery are estimated as closely as possible.
Best efforts will be made to ship within time promised, but we make no guarantee to do so.
Payment Terms: Net 10th prox. Subject to approval of the Brock White Co. Credit Department
Brock White Co. is a material supplier, not a subcontractor, we will not accept a contract calling for a retainer.
A service charge of 1 1/2% per month will be added to all bills not paid in 30 days.
This amounts to an annual service charge of 18%
By others
Brock White Co's standard terms and conditions apply, a copy of which will be provided upon request.
This quote is subject to acceptance within thirty (30) days, unless otherwise noted on the quote.
Non-Stock/Special Orders: Are accepted with the distinct understanding that cancellation cannot be made after the order
has been placed. Excess material or material ordered by mistake may not be returned.
Field Measurement:
Other Terms:
Accepted:
Date:
Brock White Company
Date:
ST. PAUL
EAGAN ELK RIVER DULUTH BRAINERD
BISMARCK FARGO SIOUX FALLS
ST. CLOUD
GREEN BAY
ROCHESTER
alley
e 0 d
Park and Recreation
763-512-2342/763-512-2344 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
3. E. 3. Quotes - GreenfTee Mower
Prepared By
Rick Jacobson, Director of Parks and Recreation
Greg Spencer, Golf Course Superintendent
Summary
The 2010-2014 Capital Improvement Program GC-003 (page 68) includes $31,000 for the
purchase of one green/tee mower. The mower will come equipped with three reels for
mowing golf course greens and tees at Brookview Golf Course.
The Minnesota Materials Management Division awarded Contract No. 442585 for this mower
to MTI Distributing. The City's cost to purchase the green/tee mower is as follows:
Golf Course GreenfTee Mower
Trade-In 1994 Cushman Truckster
M N State Sa les Tax
Purchase Price to City
$ 24,694.55
(1,325.00)
1,606.66
$24,976.21
Recommended Action
Motion to approve the purchase of one green/tee mower and to trade in the City's 1994
Cushman truckster for a total purchase price, including Minnesota sales tax, in the amount of
$24,976.21.
alley
mo du
Finance
763-593-8013 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
3. F. Receipt of February 2010 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 2010. The revenues and expenditures show current month actual and year-to-
date actual compared to the 2010 approved budget.
The 2010 unallotment from the State is estimated at $369,240. The receipt of Market Value
Homestead Credit (MVHC) will not take place in October and December.
As of February 2010 the City is using $1,732,682 of fund balance to balance the budget.
Attachments
February 2010 General Fund Budget Report - unaudited (2 pages)
Recommended Action
Motion to receive and file the February 2010 General Fund Budget Report.
Percentage Of Year Completed ! 16.6
(unaudited)
Expenditures:
Over %
2010 November YTD (Under) Of Budget
Division Budget Actual Actual Budget Expend.
Council $307,455 21 ,423 41,322 ($266,133) 13.44 %
City Manager 802,390 44,177 102,277 (700,113) 12.75%
Admin. Services 1,571,070 133,772 194,824 (1,376,246) 12.40%
Legal 115,000 6,787 6,787 (108,213) 5.90% (1)
General Gov't. Bldgs. 599,500 56,262 68,723 (530,777) 11.46%
Planning 333,550 23,058 45,861 (287,689) 13.75%
Police 4,562,995 326,779 698,527 (3,864,468) 15.31 %
Fire and Inspections 1,539,820 100,276 203,582 (1,336,238) 13.22%
Public Works Admin. 309,730 24,858 49,276 (260,454) 15.91 %
Engineering 651,640 31,674 48,316 (603,324) 7.41%
Streets 1,371,495 84,948 185,141 (1,186,354) 13.50%
Community Center 74,605 4,775 8,439 (66,166) 11.31 %
Park & Rec. Admin. 639,845 40,426 93,187 (546,658) 14.56%
Park Maintenance 968,270 69,467 127,718 (840,552) 13.19%
Recreation Programs 427,910 20,959 39,912 (387,998) 9.33%
Risk Management 266,950 6,775 6,775 (260,175) 2.54% (2)
Transfers Out 439,970 0 0 (439,970) 0.00% (3)
TOTAL Expenditures $14,982,195 $996,416 $1,920,667 ($13,061,528) 12.82%
(1) This includes January YTD legal bill.
(2) This includes no quarterly payments but miscellaneous policies such as liquor for Brookview.
(3) This expenditure was lowered due to the unallotment.
City of Golden Valley
Monthly Budget Report - General Fund
February, 2010 (unaudited)
Percentage Of Year Completed 16.60%
Revenue:
Over %
2010 February YTO (Under) of Budget
Type Budget Actual Actual Budget Received
Ad Valorem Taxes $11,552,050 0 $0 ($11,552,050) 0.00% (1)
Licenses 151,865 5,732 18,441 ($133,424 ) 12.14%
Permits 703,000 31,747 66,490 ($636,510) 9.46%
Federal Grants 0 0 0 $0
State Aid 10,500 0 0 ($10,500) 0.00% (4)
Hennepin County Aid 0 1,266 1,266 $1,266 (5)
Charges For Services:
General Government 37,710 197 299 ($37,411) 0.79%
Public Safety 197,395 4,260 11 ,066 ($186,329) 5.61%
Public Works 114,000 4,350 5,189 ($108,811) 4.55%
Park & Rec 392,500 39,900 64,368 ($328,132) 16.40%
Other Funds 981,500 0 0 ($981,500) 0.00%
Fines & Forfeitures 250,000 17,087 17,087 ($232,913) 6.83% (2)
Interest On Investments 200,000 0 0 ($200,000) 0.00% (3)
Miscellaneous Revenue 216,675 3,729 3,779 ($212,896) 1.74%
Transfers In 175,000 0 0 ($175,000) 0.00%
TOTAL Revenue $14,982,195 $108,268 $187,985 ($14,794,210) 1.25%
Notes:
(1) The first half taxes will not be received until July.
(2) Fines and Forfeitures is for January.
(3) Investments will be booked at year end.
(4) State Training will not be received until August.
(5) Includes Active Living Grant from Hennepin County.
alley
mo nd
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. G. Bassett Creek Main Stem Stream Bank Restoration Project
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
The Bassett Creek Watershed Management Commission (BCWMC) has determined that it is
in the best interest of its member communities and the BCWMC to address bank stabilization
concerns occurring along the Main Stem, including areas in Golden Valley and the North
Branch of Bassett Creek in Crystal. Erosion and sediment deposition contribute to diminished
water quality. In order to qualify for funding, the member cities must have had completed a
creek inspection program.
Through the Golden Valley and Crystal creek inspection program, Public Works staff
identified that significant erosion and downstream sedimentation has occurred along the Main
Stem of Bassett Creek (see attached map). This section of the creek begins in the City of
Crystal approximately 400 feet west of Highway 100 and extends an additional 1/3 mile east
of Highway 100 downstream in Golden Valley.
On September 17, 2009, the Commission received a feasibility report prepared by Barr
Engineering Company for the project and adopted a resolution ordering the project. In
addition, the resolution provided for $636,100 funding for the project and directed the City of
Golden Valley to construct it.
In summary, the agreement between the City and the BCWMC requires that the City of
Golden Valley design and construct the project within the cities of Golden Valley and Crystal.
An additional agreement between the cities of Crystal and Golden Valley was developed
authorizing Golden Valley to administer design and construction within both cities. The
BCWMC will use its best efforts to secure payment for the City's costs in an amount not to
exceed $636,100. Finally, staff has negotiated an agreement with WSB & Associates, Inc. for
the engineering work needed to complete the project. The total cost of WSB's agreement is
$84,696.
In addition to the above-mentioned agreements, the City of Golden Valley has been
preliminary approved for a grant from Hennepin County for bank stabilization projects in the
amount of $135,000. Staff anticipates providing a grant agreement for Council approval in
April or in advance of awarding a construction contract for the project.
If Council authorizes the project, the following is the proposed milestone schedule:
Approve agreements with BCWMC, Crystal, and WSB
Award contract
Project substantial completion
March 16, 2010
September 2010
April 2011
Attachments
Location Map (1 page)
Feasibility Report for Bassett Creek Restoration Project, dated August 2009 (44 pages, loose
in agenda packet)
Cooperative Agreement for Stream Bank Restoration on the Main Stem of Bassett Creek,
Between the City of Golden Valley and the Bassett Creek Watershed Management
Commission (3 pages)
Joint and Cooperative Agreement for Stream Bank Restoration on the Main Stem of Bassett
Creek, Between the Cities of Golden Valley and Crystal (7 pages)
Proposal from WSB & Associates, Inc., dated December 15, 2009 (6 pages)
Recommended Action
1. Motion authorizing the Cooperative Agreement for Stream Bank Restoration on the Main
Stem of Bassett Creek, Between the City of Golden Valley and the Bassett Creek
Watershed Management Commission.
2. Motion authorizing the Joint and Cooperative Agreement for Stream Bank Restoration on
the Main Stem of Bassett Creek between the Cities of Golden Valley and Crystal.
3. Motion authorizing the agreement with WSB & Associates in the amount of $84,696.
,--l I
-1~/ \
O~l-
--. CULVER RD~.-.(-
r--- I 8
tJ)
. I
~
3
1---
~-r
I..)...../~~ ./
City of Crystal
~ITIJ
I ~'L _-...I,
--
~ .. . \~
~Briarwood'%
: ~ '\
~ . : MARIE
o
~___ I U
- en
~ i- -- HA V1PTO
~--
.........
\
((
,
/
.a / ..:
:
7/ I -
7
/ KENTLEY A E
/
\j
--
\
\
-----11- --
I
r ''0
"",
~ DDd \
D
c==l z DJ R1
W LlI
fr:J > _ .,.-'
- -I <c "== = I-
[] 0 >- ~
~ CJ ~ - -
o ~ ~ ~ ~H:
D 1TlaBJB
~ ,-
r\ \ \C\
2010/2011
Bassett Creek Main Stem
Bank Restoration Project
\
\ Nature
\ ($
....
)
- ,.
--- \ \
~._-- _.. \ \\~-~==-~--
\ ~ --
n U: w
r ~ ~
! ~-_ - _ I, u - - ----~
~~. ., ~-
~ -_._-~-
~ _u.,_~ _
~ -- 'i ---
7 ._-
, ) "" /' T.-f ,C-..
C -=:> Project Limits '1-
.
~
(
)
:./ \
Area
~~lley
Print Date: 3/9/2010
Sources:
Hennepin County Surveyors Office for
Property Lines (2010).
City of Golden Valley for all other layers.
o 150 300
N
A
600
Feet
COOPERATIVE AGREEMENT
FOR
BASSETT CREEK MAIN STEM RESTORATION
This Agreement is made as of this _ day of , 2010, by and between the
Bassett Creek Watershed Management Commission, a Jomt powers watershed management
organization (hereinafter the "Commission"), and the City of Golden Valley, a Minnesota municipal
corporation (hereinafter the "City").
WITNESSETH:
WHEREAS, the Commission adopted the Bassett Creek Watershed Management
Commission Water Management Plan, July 2004 on September 16,2004 (the "Plan"), a watershed
management plan within the meaning of Minn. Stat. S 1 03B.231; and
WHEREAS, the Plan, as amended on July 16, 2009, includes a capital improvement
program ("CIP") that lists a number of water quality project capital improvements; and
WHEREAS, the water quality projects identified in the CIP include a stream bank
restoration project in the Cities of Golden Valley and Crystal described as the Restoration of the
Main Stem of Bassett Creek from the Crystal City Boundary to Regent A venue in the City of
Golden Valley, as more fully described in Attachment One to this Agreement, the feasibility report
for the Project, which is made a part hereof (the "Project"); and
WHEREAS, the Plan specifies that projects in the CIP will be funded by a County tax levy
under Minn. Stat. S 103B.251; and
WHEREAS, on September 17, 2009, the Commission adopted a resolution ordering the
Project, directing that it be constructed by the City; and
WHEREAS, it is expected that Hennepin County will levy taxes throughout the watershed
in 2009 and 2010 for the Project for collection and settlement in 2010 and 2011; and
WHEREAS, the City is willing to construct the Project on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL
COVENANTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:
1. The Project will consist of the stream bank restoration improvements in the City of
Golden Valley and the City of Crystal as more fully described in Attachment One.
2. The City will design the Project and prepare plans and specifications for construction
of the Project. Plans and specifications, and any changes to such plans and
specifications, are subject to approval by the Commission's consulting engineer.
G:\PROJECTS\Bassett Creek Main Stem (09-21 )'Agreements\BCWMC GV -Cooperative_Agt_-
_Bassett_ Creek_Branch_lmprovements.docx
3. The City will advertise for bids and award contracts in accordance with the
requirements of law. The City will award the contract and supervise and administer
the construction of the Project to assure that it is completed in accordance with plans
and specifications. The City will require the contractor to provide all payment and
performance bonds required by law. The City will require that the Commission be
named as additional insured on all liability policies required by the City of the
contractor. The City will require that the contractor defend, indemnify, protect and
hold harmless the Commission and the City, their agents, officers, and employees,
from all claims or actions arising from performance of the work of the Project
conducted by the contractor. The City will supervise the work of the contractor.
However, the Commission may observe and review the work of the Project until it is
completed. The City will display a sign at the construction site stating "Paid for by
the Taxpayers of the Bassett Creek Watershed".
4. The City will pay the contractor and all other expenses related to the construction of
the Project and keep and maintain complete records of such costs incurred.
5. The Commission will reimburse Two Thousand Two Hundred Sixty-Two Dollars
($2,262) of Project expenses from its Capital Improvement Program Closed Project
Account. The Commission will use its best efforts to secure payment from the
County in accordance with Minn. Stat. ~ 103B.251 in the amount of Thirty-Two
Thousand Five Hundred Thirty-Eight Dollars ($32,538) by tax levy in 2009 for
collection in 2010 and in the amount of Six Hundred One Thousand Three Hundred
Dollars ($601,300) by tax levy in 2010 for collection in 2011.
Out-of-pocket costs related to the Project, incurred and paid by the Commission for
publication of notices, securing County tax levy, preparation of contracts, review of
proposed contract documents and administration of this contract shall be repaid from
funds received in the tax settlement from Hennepin County. All funds in excess of
such expenses are available for reimbursement to the City for costs incurred by the
City in the design and construction of the Project. Reimbursement to the City will
be made as soon as funds are available provided a request for payment has been
received from the City providing such detailed information as may be requested by
the Commission to substantiate costs and expenses.
6. Reimbursement to the City will not exceed the amount received from the County for
the Project less any amounts retained by the Commission for Commission expenses.
Reimbursement will not exceed the costs and expenses incurred by the City for the
Project, less any amounts the City receives for the Project as grants from other
sources. All costs of the Project incurred by the City in excess of such
reimbursement shall be borne by the City or secured by the City from other sources.
7. All City books, records, documents, and accounting procedures related to the Project
are subject to examination by the Commission.
G:\PROJECTS\Bassett Creek Main Stem (09-21 )\Agreements\BCWMC GV -Cooperative_Agt_-
_Bassett_ Creek_Branch_lmprovements.docx
8. The City will secure all necessary local, state, or federal permits required for the
construction of the Project and will not proceed with the Project until any required
environmental review is completed.
9. The City will enter into an agreement with the City of Crystal, in the form attached
hereto as Attachment Two, to address all issues related to the fact that the Project is
located partially within the City of Crystal. Amendments to the agreement between
the City and the City of Crystal must be approved by the Commission or the
Commission's legal counsel.
10. This Agreement will be effective only upon execution by an authorized
representative of the City of Crystal of an acknowledgment that the City of Crystal
has received a copy of this Agreement and approves of its terms.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers on behalf of the parties as of the day and date first above written.
BASSETT CREEK WATERSHED
MANAGEMENT COMMISSION
By:
Its Chair
And by:
Its Secretary
CITY OF GOLDEN V ALLEY
By:
Its Mayor
And by:
Its Manager
ACKNOWLEDGMENT AND APPROVAL
The undersigned, as a duly authorized representative of the City of Crystal, acknowledges receipt of
a copy of this Agreement and approves of its terms.
CITY OF CRYSTAL
By:
Its:
G:\PROJECTS\Bassett Creek Main Stem (09-21 )\Agreements\BCWMC GV -Cooperative_Age-
_Bassett_ Creek_Branch_lmprovements.docx
JOINT AND COOPERATIVE AGREEMENT
FOR STREAM BANK RESTORATION
ON THE MAIN STEM OF BASSETT CREEK
This AGREEMENT is made this 16th day of March, 2010 by and between the
CITY OF CRYSTAL, a Minnesota municipal corporation ("Crystal"), and the CITY OF
GOLDEN VALLEY, a Minnesota municipal corporation ("Golden Valley") (collectively
hereinafter, "the Cities").
RECITALS
WHEREAS, Minnesota statute 9 471.59, et. seq., authorizes cities to enter into
joint powers agreements; and
WHEREAS, Crystal and Golden Valley are member cities of the Bassett Creek
Watershed Management Commission ("BCWMC"), a joint powers watershed
management organization; and
WHEREAS, the BCWMC has identified a 2010 stream bank stabilization project
in its Capital Improvement Plan (CIP) described as the Restoration of the Main Stem of
Bassett Creek from the Crystal and Golden Valley city boundary west of Trunk Highway
100 to Regent Avenue North east of Trunk Highway 100 ("Project"); and
WHEREAS, the BCWMC has delegated responsibility for implementing CIP
projects to the member cities; and
WHEREAS, Crystal and Golden Valley wish to work cooperatively on the design
and construction of the bank stabilization project; and
WHEREAS, as detailed in Exhibit A attached hereto and made a part hereof, the
project cost estimate for the improvements located within Crystal is $159,900. And the
project cost estimate for the improvements located within Golden Valley is $476,200.
These costs include design, construction, inspection, and all other related project costs.
NOW, THEREFORE, in consideration of the mutual covenants herein, and
other good and valuable consideration, the sufficiency of which is hereby
acknowledged, Crystal and Golden Valley hereby agree as follows:
1. Plans and Specifications. Golden Valley shall be responsible for the design of the
Project and preparation of plans and specifications for construction of the Project.
Golden Valley reserves the right to obtain the services of a consulting engineer to
design the Project and prepare the plans and specifications. The plans and
specifications shall be certified by a professional engineer licensed in the State of
Minnesota and shall submit the plans and specifications to Crystal for review and
G:\PROJECTS\Bassett Creek Main Stem (09-21)\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
approval. Golden Valley shall submit the plans and specifications to the BCWMC
engineer for its review and approval.
2. Advertisement for Bids and Construction. Golden Valley will advertise for bids and
award contracts in accordance with the laws of the State of Minnesota and shall
name the City of Crystal as additionally insured by its contractor. Golden Valley will
award the contract and administer the construction of the Project and in accordance
with the plans and specifications. Golden Valley will provide all construction
management, observation and inspection in connection with the Project. However,
the Project will be open for inspection by Crystal upon request. Golden Valley will
verify and record the quantities of materials installed by the contractor and pay the
contractor in accordance with the contract. The parties expect construction of the
Project will be undertaken in the Fall of 2010 and be completed in or about the
Spring of 2011.
3. Construction Changes. Crystal agrees that Golden Valley may make changes to the
plans or in the character of the construction based upon conditions encountered in
the field and in accordance with accepted engineering standards. Golden Valley will
make all reasonable efforts to consult with Crystal prior to making changes within the
portion of the Project in Crystal. However, Crystal agrees that in cases of minor
modifications to the project, no notice or consultation is required. For the purposes of
this section, "minor modification" shall mean any modification of the project resulting
in a change in compensation owed to the selected contractor of $5,000 or less.
4. Easements. Crystal shall obtain at its cost any temporary or permanent easements
deemed necessary for that portion of the Project located within Crystal. Crystal shall
obtain the required easements prior to advertisement for bids in accordance with the
schedule developed for the Project. The portion of the Project located in Golden
Valley is entirely within property owned by Golden Valley and no easements are
necessary .
5. Construction Access. Crystal and Golden Valley agree to provide the contractor
access to the work areas in the Project prior to advertisement for bids for the Project.
6. Permits. Golden Valley shall obtain all the permits required from other governmental
entities for the construction of the Project. Crystal will cooperate with Golden Valley
and assist as requested in securing the necessary permits. Permits shall be
obtained prior to advertisement for bids for the Project.
7. Communications. Golden Valley will perform all Project communication with the
people in the project area during all phases of the design and construction of the
Project. Crystal will participate in all Project design and construction meetings
deemed necessary, including meetings with residents during Project design. If
requested by Crystal, Golden Valley shall submit all written communications to
Crystal for its review prior to mailing.
G:\PROJECTS\Bassett Creek Main Stem (09-21 )\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
8. Payment from Crystal to Golden Valley. Crystal shall reimburse Golden Valley for
Crystal's share of the total project costs as set forth in Exhibit A of this Agreement.
It is agreed that the total cost estimate set forth by Golden Valley as Exhibit A of
this Agreement is only an estimate of the total project costs for the work
contemplated by this Agreement. In addition, the unit prices set forth in the contract
with the successful bidder(s) and the final quantities as measured by the Golden
Valley Engineer shall govern in computing the total final contract construction cost
and the related apportionment between the Cities as contemplated by this
Ag reement.
Once the Contractor begins work, and Contractor payments are being made, at its
option, Golden Valley may invoice Crystal monthly for Crystal's prorated share of the
work completed (less retainage) being paid on the Contractor's invoice and the
prorated indirect project costs.
The remaining amount related to retainage, is to be paid to Golden Valley upon the
completion of the project and submittal to Crystal of a copy of the Golden Valley
Engineer's final cost report for the project. This report shall show each City's final
shares of construction, engineering and other project costs.
Record drawings shall be provided by Golden Valley to Crystal within 90 days of
Golden Valley's final payment to the contractor(s) retained to complete the work.
9. Cost Overruns. Crystal and Golden Valley understand all the funds for the project
will be provided by the Bassett Creek Water Management Commission; but to the
extent there are cost overruns each assume responsibility for such overruns in the
design, construction and administration of the Project that exceed the funding
provided by the BCWMC. Construction cost overruns will be prorated based upon
the location of the work performed and the recorded quantities of materials installed.
Cost overruns related to design, construction observation and administration shall be
prorated based upon the percentage of contract construction costs in each City.
Crystal agrees to pay Golden Valley for cost overruns within 45 days of receipt of
billing by Golden Valley.
10. Examination of Books. Records. etc. As provided by Minnesota Statutes Section
16C.05, Subdivision 5, the books records, documents and accounting procedures
and practices of Golden Valley and Crystal relevant to the Project are subject to
examination by both parties, and either the legislative auditor or the state auditor as
appropriate, for a minimum of six years from final payment.
11. Workers Compensation Claims. It is agreed that any and all employees of each City
and all other persons engaged by that City in the performance of any work or
services required or provided as contemplated by this Agreement shall not be
considered employees of the other City, and that any and all claims that mayor
might arise under the Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while so
G:\PROJECTS\Bassett Creek Main Stem (09-21)\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said employees while so engaged on any of the work
or services provided as contemplated by this Agreement shall in no way be the
obligation or responsibility of the other City.
12.Authorized AQents. The City of Golden Valley's Authorized Agent for the purpose of
administration of this agreement is Jeannine Clancy, Director of Public Works, or her
successor or assign. Her current address and telephone number is: 7800 Golden
Valley Road, Golden Valley, MN 55427, 763.593.8035.
The City of Crystal's Authorized Agent for the purpose of administration of this
agreement is Tom Mathisen, Director of Public Works/City Engineer, or his
successor or assign. His current address and telephone number is: 4141 Douglas
Drive, Crystal, MN 55422,763.531.1160.
13. Indemnification. The intent of this section is to limit a party's obligation to indemnify
the other party. Except as provided in Paragraph 11 and hereafter in this Paragraph
13, Golden Valley shall assume liability for all claims arising out of the Project.
Golden Valley shall indemnify, defend and hold harmless Crystal from any loss,
liability, cost, damage and claim arising from any act or omission on the part of its
officers, employees, agents, contractor or representatives in connection with the
Project, including any attorney fees and expenses incurred in defending any such
claim, to the extent of Golden Valley's statutory liability described in Minn. Stat. ~
466.04, as amended. The liability limitations established in Minn. Stat. ~ 466.04 shall
apply to undertakings pursuant to this Agreement, and no individual or entity may
seek to increase recovery beyond the statutory amounts applicable to a single party
set forth in Minn. Stat. ~ 466.04 by attempting to aggregate the statutory amounts to
increase the maximum amount of liability for any party. No party to this Agreement
shall be required to pay on behalf of itself and to the other party any amount as
indemnification to the party, arising pursuant to this Agreement, expressly, by
operation of law or otherwise, in excess of the limits of liability applicable to the party
required to pay as established in Minnesota Statutes Chapter 466, or in the event
that Minnesota Statutes Chapter 466 does not apply, the maximum amount of
insurance coverage available to the party required to pay. In those instances in
which a party is directly liable for damages as well as for indemnification to the other
party, the combined liability of the party will not exceed the limits of liability under
Minnesota Statutes Chapter 466 applicable to the liable party or in the event that
Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance
coverage available to the liable party.
Crystal shall indemnify, defend and hold harmless Golden Valley from any loss,
liability, cost, damage and claim arising from any act or omission on the part of its
officers, employees, agents, contractor or representatives arising solely from a
specific action it takes under this Agreement which results in a liability c1aim(s),
including any attorney fees and expenses incurred in defending any such claim, to
the extent of Crystal's statutory liability described in Minn. Stat. ~ 466.04, as
G:\PROJECTS\Bassett Creek Main Stem (09-21)\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
amended. Nothing herein shall change or otherwise affect the liability limits
established under Minn. Stat. ~ 466.04, as amended. No party to this Agreement
shall be required to pay on behalf of itself and to the other party any amount as
indemnification to the party, arising pursuant to this Agreement, expressly, by
operation of law or otherwise, in excess of the limits of liability applicable to the party
required to pay as established in Minnesota Statutes Chapter 466, or in the event
that Minnesota Statutes Chapter 466 does not apply, the maximum amount of
insurance coverage available to the party required to pay. In those instances in
which a party is directly liable for damages as well as for indemnification to the other
party, the combined liability of the party will not exceed the limits of liability under
Minnesota Statutes Chapter 466 applicable to the liable party or in the event that
Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance
coverage available to the liable party.
13. Successor and Assiqns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns, provided,
however, that neither Crystal nor Golden Valley shall have the right to assign its
rights, obligations and interests in or under this Agreement to any other party without
the prior written consent of the other party hereto.
14. Amendment. Modification or Waiver. No amendment, modification or waiver of any
condition, provision or term of this Agreement shall be valid or of any effect unless
made in writing and signed by the party or parties to be bound, or its duly authorized
representative. Any waiver by either party shall be effective only with respect to the
subject matter thereof and the particular occurrence described therein, and shall not
affect the rights of either party with respect to any similar or dissimilar occurrences in
the future.
15. Savinq Provision. If any provision of this Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, the remaining
provisions of this Agreement shall not be affected thereby, and such provisions
found to be unlawful or unenforceable shall not be affected as to their enforcement
or lawfulness as to any other entity or in any other jurisdiction, and to such extent the
terms and provisions of this Agreement are intended to be severable.
16. Notices. Any notice given under this Agreement shall be deemed given on the first
business day following the date the same is deposited in the United States Mail
(registered or certified) postage prepaid, addressed as follows:
If to Crystal:
Director of Public Works/City Engineer
City of Crystal
4141 Douglas Drive
Crystal, MN 55422
G:\PROJECTS\Bassetl Creek Main Stem (09-21)\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
If to Golden Valley:
Director of Public Works
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
17. Termination. This Agreement shall remain in effect until terminated by mutual
consent of the Cities.
IN WITNESS WHEREOF, Crystal and Golden Valley have entered into this
Agreement as of the date and year first above written.
CITY OF CRYSTAL
By:
Its Mayor
By:
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Agreement was acknowledged before me this day of
, 2009 by and ,
respectively the Mayor and City Manager of the City of Crystal, a municipal corporation,
on behalf of the City.
Notary Public
CITY OF GOLDEN VALLEY
By:
Its Mayor
By:
Its City Manager
G:\PROJECTS\Bassett Creek Main Stem (09-21 )\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Joint and Cooperative Agreement was acknowledged before me
this day of , 2009 by and
, respectively the Mayor and City Manager of the City of Golden
Valley, a municipal corporation, on behalf of the City.
Notary Public
G:\PROJECTS\Bassett Creek Main Stem (09-21 )\Agreements\Crystal GV Joint and Cooperative Agreement Fianl Draft 1-25-
10.docx
..
WSB
& Aa.rociatell. Inc.
Infrastrueture _ Eqineering - Planning _ CoDltrudion
701 Xenia Avenue South
Suite 300
MinDeapolll, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Memorandum
To:
Al Lundstrom, City of Golden Valley
From:
Pete Willenbring, PE, WSB & Associates, Inc.
Date:
December 15,2009
Re:
Scope of Work Associated with the Completion of Improvements within
Reach 2 of the Basset Creek Restoration Project
Outlined below is a Scope of Work associated with providing engineering services needed for
the restoration of a Reach of Basset Creek from a reach in the City of Crystal (approximately
1,600 feet upstream of Highway 100) to Regent Avenue in Golden Valley. Based on a
Feasibility Report for the Basset Creek Restoration project dated August 2009 and prepared by
Barr Engineering for the Basset Creek Watershed Management Commission, this project is
proposed to be completed in 2010 and 2011 and has an estimated project cost of $780,000. The
feasibility report identifies 15 areas within the channel that are eroding and for which bank
stabilization measures have been identified. The scope of work outlined below has been
developed to provide the engineering services needed to address the bank stabilization problems
in the 15 locations identified in this feasibility report.
Task 1: Gather Background Information
As part of this task, background information related to the project will be obtained from various
sources. These sources will include Len Kramer, Barr Engineering, Staff members from the City
of Golden Valley and Crystal, GIS and record drawings from Golden Valley and Crystal, and
other background information tltat may be made available as the project develops. A preliminary
survey of the channel will also be completed as part of this activity. Information regarding
property boundaries and existing easements that are dedicated over the area will also be
collected.
Task 2: Complete Review and Analysis of Background Information
As part of this task, the background information collected will be reviewed and analyzed for the
purpose of refining the design for tlte stream stabilization measures to be utilized at tlte 15 sites.
It is understood tltat riprap, root wads, biologs, Cross vanes, j-vanes, vegetated reinforced slope
stabilization (vrss), pipe outlet stabilization, live stakes, live fascines, and site grading will be
used to facilitate tlte necessary bank stabilization. Site inspections and analyses will be
completed at each site to better identify the most appropriate type of stabilization measure that
should be used in each location.
Minneapolis. 81. Cloud
Equal Opportunity Employer
Al Lundstrom, City of Golden Valley
December 15, 2009
Page 2
Task 3: Develop Preliminary Construction Plan
Utilizing the information developed is part of Task 2, a 50% complete preliminary construction
plan will prepared that outlines the stabilization practices and activities that will be completed as
part of this project. Although these plans will not be suitable for bidding purposes, they will be
adequate to describe the project, define easement acquisition needs, and be suitable for use in
submitting permit applications and soliciting review comments from public and elected officials
as needed.
Task 4: Easement Acquisition
As part of this task, the need to secure temporary or permanent easements to facilitate
construction of the project will be defined. Our scope of work includes preparing two easement
descriptions for parcels impacted by the project. It is anticipated that City staff will facilitate
securing these easements or rights of entry as needed. Should additional assistance from our
Right of Way Group be required, we will be available to assist in this effort as an extra to this
scope of work.
Task 5: Review Preliminary Plan with Stake Holders
As part of this task, the preliminary plans that were prepared as part of Task 1-3 will be
submitted for review to the City of Golden Valley, City of Crystal, and Basset Creek Watershed
Management Commission. Upon completion of this review and receipt of comments, the 50%
complete preliminary plans will be updated.
Task 6: Submit Permit AppUcations
As part of this task, permit applications will be prepared and submitted to the US Army Corp of
Engineers for a 404 Permit and Section 401 Certification from the Minnesota Pollution Control
Agency (MPCA). Permits will also be prepared and submitted to the LGU in compliance with
Minnesota Wet1and Conservation Act, and a permit application will be prepared and submitted to
the DNR for a Public Waters Work Permit. Appropriate permits will also be applied for as
needed for proper disposal of dredged materials. A NPDES Storm Water Pollution Prevention
Permit application will also be submitted for the project that will address managing erosion
during construction.
Task 7: Permit Application Follow-up
As part of this task, WSB personnel will provide up to 80 hours of time to monitor the pennit
review process and provide additional information to the permitting agencies to answer questions
relating to the project. As part of this effort, WSB will periodically "check-in" with these
agencies to increase the probability the permit process will be completed in a timely manner.
C:IU....\aIUDdstromlAppDotalLooa1lMh:rosoftIWmdowsIT_my iDIomet FilcsIC_.OuIlookISMUlIYE1\MEMO PROP-
AI Lundstrom, City of Golden Valley
December 15, 2009
Page 3
Task 8: Complete Tree Inventory
As part of this task, a tree inventory will be completed in the vicinity of the 15 sites where work
will be completed and a tree removal plan will prepared.
Task 9: Develop Final Plans and Specifications
Upon receipt of permits from the various agencies, final plans and specifications for the project
will be prepared. The plans will define the construction limits, provide details for work to be
completed in each of the site areas, document the location of utilities that may be present within
the construction limits as provided by the utility companies, and reflect design and construction
requirements that are outlined in the various permits that were secured for the project. The plans
and specifications will utilize the City of Golden Valley front-end documents, and will reflect a
need for bidders to have prior experience and be qualified in performing these types of bank
stabilization practices. The plans will also reflect the need for trail replacement in selected areas
as needed with the understanding that for areas within the City of Golden Valley, the City will
utilize their crews for replacement of the trail.
Task 10: Submit Final Plans and Specifications to City of Golden Valley, City of Crystal,
and Basset Creek Watershed Management Commission for Approval
As part of this task, the final plans and specifications will be submitted to the three agencies
listed above for approval prior to sending out an Advertisement for Bids for the project, with the
intention of bidding the project in the late summer, early fall of2010.
Task 11: Provide Engineering Support Services During Bid Process
As part of this task, an Advertisement for Bids for the project will be prepared, a pre-bid meeting
will be held, and WSB staff will be available to answer contractors' questions, send out any
necessary addendums, and prepare a bid tabulation and recommendation for award.
Task 12: Provide Construction Services
As part of this activity, field staking for the work will be provided, along with project
management and construction observation services. Tree Trust personnel will be utilized to
provide follow-up inspection and monitoring of plant materials once the project is substantially
complete.
The cost for this activity should be considered as an estimate at this time. Once final design is
complete and a more refined estimate of the time required to do the work will be provided.
Upon completion of the project, record drawings for the project will be prepared and provided to
the City of Golden Valley, Crystal, and the Basset Creek Watershed.
C:IU....\a1UDl!sttom\AppDelalLocollMillfOllOftIWindowsITcmporory IDtcmet FilcslCoolcrll.OullookISMUIIYJmMEMO PROP.
AI Lundstrom, City of Golden Valley
December 15, 2009
Page 4
A breakdown on the estimated cost and schedule to complete this work is attached. Thank you
for the opportunity to submit this proposal to complete this work. Please review this information
and contact me with any questions, comments, or suggestions regarding the work plan.
I hereby authorize WSB & Associates, Inc. to proceed with the above-referenced Scope of Work
in accordance with the fee and schedule outlined herein.
City of Golden Valley
Date
C:IU....lalundstromlAppDataILocal\MiCl'llSOftIW_w.ITcmpol1lIY IDIcmct FiI..\CoDlenl.OulJooklSMUll YlmMEMO PROP-
Principal 20 $134 $2,680
Project Manager 20 $112 $2,240
Graduate Engineer $76 $0
GIS Specialist 8 $68 $544
Survey Crew 40 $200 $8,000
Subtotal 88 $13,464
Principal 8 $134 $1,072
Project Manager 24 $112 $2,688
Graduate Engineer 24 $76 $1,824
CAD Technician 4 $68 $272
GIS Specialist 4 $68 $272
Subtotal 64 $6,128
Principal 16 $134 $2,144
Project Manager 8 $112 $896
Graduate Engineer 40 $76 $3,040
CAD Technician 100 $68 $6,800
GIS Specialist 40 $68 $2,720
Subtotal 204 $15,600
Principal 8 $134 $1,072
Project Manager 8 $112 $896
Graduate Engineer 16 $76 $1,216
GIS Specialist 8 $68 $544
Subtotal 40 $3,728
Principal 8 $134 $1,072
Project Manager 16 $112 $1,792
Graduate Engineer 16 $76 $1,216
CAD Technician 8 $68 $544
GIS Specialist 8 $68 $544
Subtotal 56 $5,168
Principal 0 $134 $0
Project Manager 40 $112 $4,480
Graduate Engineer 40 $76 $3,040
GIS Specialist 0 $68 $0
Subtotlll 80 $7,520
Principal $134 $0
Project Manager $112 $0
Graduate Engineer 20 $76 $1,520
GIS Specialist $68 $0
Subtotal 20 $1,520
Principal
Project Manager $112
Graduate Engineer $76
GIS Specialist $68
Subtotal
Principal 8 $134 $1,072
Project Manager 16 $112 $1,792
Graduate Engineer 8 $76 $608
GIS Specialist 4 $68 $272
Subtotal 36 $3,744
Principal 8 $134 $1,072
Project Manager 24 $112 $2,688
Graduate Engineer 8 $76 $608
GIS Specialist 0 $68 $0
Subtotal 40 $4,368
Hey
m n m
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. H. Authorizing Transfer from General Fund to Street Debt Service Fund
Prepared By
Sue Virnig, Finance Director
Summary
Council discussed the transfer of 2009 general funds (unaudited) to the Street Debt Service
Fund at the Council/Manager Meeting on March 9, 2010. Staff is recommending transferring
$500,000 to the Street Debt Service Fund from the General Fund. This transfer will help
stabilize future levies from debt.
Attachments
Resolution Authorizing the Transfer of $500,000 from the General Fund to the Street Debt
Service Fund ($500,000) (1 page)
Recommended Action
Motion to adopt Resolution Authorizing the Transfer of $500,000 from the General Fund to
the Street Debt Service Fund.
Resolution 10-18
March 16,2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE TRANSFER OF $500,000 FROM THE
GENERAL FUND TO THE STREET DEBT SERVICE FUND ($500,000)
WHEREAS, the transfer of $500,000 to the Street Debt Service Fund would finance
future debt service payments as outlined in the City's Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley to authorize the transfer of $500,000 from the General Fund to the Street Debt
Service Fund ($500,000).
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
e
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
3. I. Authorizing Submittal of Grant Application to Secretary of State's Office for Automatic
Door Opener for Two Polling Places
Prepared By
Sue Virnig, Finance Director
Summary
The Secretary of State's office has a grant program specifically for automatic door openers to
make polling places in Minnesota more accessible. At this time, the City will request grant
funds for two locations: Fire Station #2 and Fire Station #3. Due to timing issues staff will
work with the remaining two locations for submittal of application next year, if funding is
available.
Attachments
Resolution Authorizing the City of Golden Valley Submittal of a Grant Application to the Office
of the Minnesota Secretary of State for an Automatic Door Opener for Two Polling Places
(1 page)
Recommended Action
Motion to adopt Resolution Authorizing the City of Golden Valley Submittal of a Grant
Application to the Office of the Minnesota Secretary of State for an Automatic Door Opener
for Two Polling Places.
Resolution 10-19
March 16, 2010
Member
introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY OF GOLDEN VALLEY SUBMITTAL OF A
GRANT APPLICATION TO THE OFFICE OF THE MINNESOTA SECRETARY OF STATE
FOR AN AUTOMATIC DOOR OPENER FOR TWO POLLING PLACES
WHEREAS, the City of Golden Valley wishes to make the City's polling places more
accommodating to individuals with disabilities; and
WHEREAS, the Minnesota Secretary of State has a grant program by which the City
can obtain funding for an automatic door opener for polling places located at Fire Station
#2 (400 Turner's Crossroad South) and Fire Station #3 (3700 Golden Valley Road);
WHEREAS, the City of Golden Valley agrees that automatic doors at the City's
polling place would enhance the accessibility of the City's polling place;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden
Valley hereby directs the Golden Valley City Staff to:
1. Apply for the grant from the Minnesota Secretary of State's Office for Federal Funds
pursuant to Title II, Section 261 of the Help America Vote Act for the sole purpose of
improving access to polling places in the City for persons with disabilities;
2. Enter into an agreement with the Office of the Secretary of State governing the
receipt, expenditure, reimbursement, and reporting of such a grant;
3. Receive and account separately in a manner sufficient to meet generally accepted
government account principles sufficient to pass federal audit; and
4. Expend any sums received in the manner indicated in the grant application and
agreement with the Office of the Secretary of State.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor and
her signature attested by the City Clerk.
Hey
M mo u
City Administration/Council
763-593-8014 I 763-593-8109 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
3. J. Support for Community Access Preservation Act
Prepared By
Jeanne Andre, Assistant City Manager
Summary
At the last meeting of the Norwest Suburbs Cable Communications Commission the
Commission suggested that member cities may wish to adopt a resolution in support of the
Community Access Preservation Act (HR 3745), which makes clear the definition of cable
service and ensures access to public, educational and government (PEG) channels. A
resolution of support has been drafted.
Attachment
Resolution of the City of Golden Valley, Minnesota Stating Support for the Community
Access Preservation Act (HR 3745) (2 pages)
Recommended Action
Motion to adopt Resolution of the City of Golden Valley, Minnesota Stating Support for the
Community Access Preservation Act (HR 3745).
Resolution 10-20
March 16,2010
Member
introduced the following resolution and moved its adoption:
RESOLUTION OF THE CITY OF GOLDEN VALLEY, MINNESOTA STATING
SUPPORT FOR THE COMMUNITY ACCESS PRESERVATION ACT (HR 3745)
WHEREAS, the City Council of Golden Valley, Minnesota is the official governing
body elected to preserve and protect the best welfare and interest of the City and its
citizens; and
WHEREAS, public, educational and government (PEG) channels playa significant
role in Golden Valley; and
WHEREAS, PEG channels are a unique and valuable resource for local information
and discourse for the residents of Golden Valley; and
WHEREAS, PEG channels televise local government meetings, including City
Council, Planning Commission, city board and school board meetings, so that citizens are
informed about the actions taken by local elected officials; and
WHEREAS, PEG channels contribute to the democratic process by providing
opportunities for candidates and others, such as the League of Women Voters, to discuss
local issues during election campaigns; and
WHEREAS, PEG channels provide a window through which residents can view the
diversity of cultures, recreational activities and artistic endeavors in their local community;
and
WHEREAS, PEG channels reflect the unique identity of the communities they serve;
and
WHEREAS, City of Golden Valley, Minnesota hereby vigorously opposes any
federal legislation that will reduce the right of local governments to establish benefit
requirements including public, educational, and governmental access channels, including
funding, facilities, and equipment for such channels; and to require dedicated capacity or
institutional network systems for educational and governmental purposes; and
WHEREAS, City of Golden Valley, Minnesota will support efforts directed against
legislative change to ensure that all persons residing in the City will have unfettered access
to all forms of information resources in the broadest range of rights and interests to ensure
that those that use public rights-of-way and benefit from the use of public rights-of-way are
continued to be obligated to provide compensation in the form of public, educational, and
governmental access channels and funding, and other support services for PEG Access
Channels as well as ongoing community needs requirements notwithstanding technological
changes or advancements; and
Resolution 10-20 - Continued
March 16,2010
WHEREAS, the intent of the Act is to make clear that the definition of "cable service"
under the Cable Act is applicable to all forms of technologies that make video programming
available by land lines to subscribers enabling the rightful authority of local governments to
ensure uniform treatment of providers of video services within their community; and
WHEREAS, it is important to ensure that PEG Access channels continue to be
available to the entire community to serve the residents of Golden Valley; and
WHEREAS, HR 3745, the Community Access Preservation Act, addresses critical
and immediate threats to PEG Access.
NOW, THEREFORE, BE IT RESOLVED:
The City Council supports immediate passage of HR 3745; and
The City Council calls on our Congressional delegation to take all possible actions in
support of the passage of HR 3745, including, but not limited to, endorsing, co-sponsoring
and voting for HR 3745, and to work for its rapid passage.
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.
Public Jl~y
n m
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
4. A. Public Hearing - Precious Metal Dealer License - Jewelry Manufacturer's Exchange Inc.
Prepared By
Stacy A. Altonen, Chief of Police
Jim Roberts, Sergeant
Summary
Jewelry Manufacturer's Exchange Inc has submitted an application for a Precious Metal
Dealer License. Jewelry Manufacturer's Exchange Inc. is to be located at 618 Winnetka
Avenue North. Documents received from the applicant show that the Jewelry Manufacturer's
Exchange Inc. is a Domestic For Profit Corporation Incorporated in the state of Texas and did
obtain a Certificate of Authority to Transact Business from the Secretary of State of
Minnesota.
An investigation was conducted by the Police Department reference this application. This
investigation included checks with the City of Golden Valley Finance Department, the
Department of Public Safety. No negative information was received as a result of the
investigation.
The applicant has met all statutory and ordinance requirements for the issuance of a
Precious Metal Dealer License.
Recommended Action
Motion to approve the Precious Metal Dealer License for Jewelry Manufacturer's Exchange
Inc. located at 618 Winnetka Avenue North.
alley
e ra u
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
"60 Days" Deadline: March 21, 2010
Agenda Item
4. B. Public Hearing - Ordinance #434 - Approval of Amended Conditional Use Permit 95,
Amendment 1 - 850 Florida Avenue South - Mark Muller, 3rd Lair Skate Park, Applicant
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the February 22, 2010 Planning Commission meeting, the Commission continued an
informal public hearing on the application by 3rd Lair Skate Park to extend their hours of
operation and reduce on-site parking to 25 spaces from the originally approved 50 spaces.
As indicated in the attached Planning Commission minutes from the February 22 meeting,
several persons spoke in favor of the proposed changes. The Planning Commission first
heard the request for the changes at the January 11, 2010 meeting. The request was tabled
at that meeting in order that the Commission Members could hear from Police Chief Stacey
Altonen and Deputy Fire Marshal Ed Anderson. At the February 22 meeting, both Chief
Altonen and Deputy Fire Marshal Anderson made presentations and answered questions
from the Planning Commission.
The recommendation from staff to the Planning Commission was to not allow any additional
hours of operation. Staff notes that there have been numerous violations of the skate park
being open after the1 0 pm closing time prescribed in the existing Conditional Use Permit
(CUP). Staff did recommend that the number of parking spaces be reduced from 50 spaces
to 25 spaces recognizing that the parking demand for the skate park could be met with 25
spaces. Whether or not the hours of operation were increased, the staff is recommending that
all requirements of the Fire Marshal be met in order to continue operation of the skate park.
These requirements were outlined in a code analysis done by an architect for the 3rd Lair.
After the informal public hearing was closed, the Planning Commission recommended that
the hours of the skate park be extended to allow operation from 8 am to midnight seven days
a week. In addition, private parties and "all-nighters" would also be allowed. (An "all-nighter"
is an event where youth pay to stay in the skate park from midnight to the next morning. They
are "locked in" so that no one can leave the facility until they are picked up by a parent in the
morning.) In order to have a private party, the Commission recommends that 3rd Lair must
give the City Manager written notice two weeks in advance of the party. In the case of an "all-
nighter", 3rd Lair must give at least 30 days written notice to the City Manager. The Planning
Commission also agreed to reduce parking to 25 spaces and to allow off-site parking with an
adequate rental agreement or lease to meet all or a portion of the parking requirement of 25
spaces. All improvements to meet fire and building code standards for the inside of the
building noted by Deputy Fire Marshal Anderson (based on the code analysis) would have to
be completed before allowing any private parties between midnight and 8 am or any "all-
nighters". Outside improvements required by Mr. Anderson would have to be completed by
no later than June 1,2010. The outside improvements include constructing a proper
dumpster enclosure and providing the necessary area for emergency vehicles to have access
to the site. The Commission also recommended that 3rd Lair report to the City Manager on
September 1, 2010 to provide information about the number of private parties and "all-
nighters" that have been held since the CUP was amended and any compliance issues that
have come up during that time.
If the City Council adopts the eight conditions of the Planning Commission, the staff
recommends the following three conditions be added:
1. All notifications of private parties (park rentals) and "all-nighters" shall include an estimate
of the number of persons that will be attending. If the attendance is estimated to be more
than 150 people, the City reserves the right to require that 3rd Lair hire a member of the
Golden Valley Fire Department to ensure that all occupancy limitations code requirements
are met. Also, the City reserves the right to require that 3rd Lair hire a Golden Valley
Police Officer to be in attendance at the event in order to help ensure the safety of
attendees.
2. The code analysis will allow only four or five parking spaces on the 3rd Lair site if they
maintain the outdoor skating area. In order to have a total of 25 parking spaces, 3rd Lair
has proposed renting spaces from the Florida West office building across the street from
3rd Lair. At this time, Florida West has extra parking, particularly after 5 pm and on
weekends. 3rd Lair has told staff that they have a rental agreement for the parking spaces
from Florida West. Staff suggests that the Conditional Use permit state that 3rd Lair may
have off-site parking in the Florida West lot (or other parking lot within 500 feet of the 3rd
Lair site), but if the rental agreement ends, the 3rd Lair site must be altered (prior to the
end of the rental agreement) to have a minimum of 25 parking spaces. In order to get the
25 spaces on their site, the outdoor skate park would have to be reduced in size. The
rental agreement must be approved by the City prior to approval of the Conditional Use
Permit amendment.
3. In terms of the changes needed to the building and site to meet fire and building code
standards, the staff recommends that all changes required in the building should have to
be made prior to the hours being extended past 10 pm. The Planning Commission
recommended that these changes be done prior to any private party or "all-nighters" that
would occur outside regular hours of 8 am to midnight. Staff agrees that the outside
changes would have to be completed prior to June 1,2010.
2
The City Attorney also recommends the following two conditions be added:
1. The applicant shall provide the City with a full and complete indemnity for all claims that
could be brought against the City as a result of its use of the property, in a form to the
satisfaction of the City Attorney.
2. The applicant is required to provide liability insurance coverage to the City in the statutory
maximum (presently $1,500,000) as either a named insured or an "additional insured" on
its insurance policy and that it provide the City Attorney with a copy of its insurance policy
for inspection and review.
The following list of conditions incorporate the recommendations from the Planning
Commission, Staff and City Attorney and are duplicated in the ordinance.
1. The parking area must allow space for a screened dumpster. The screened dumpster
must be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards, including
providing adequate handicapped-accessible parking.
3. Proof must be provided that 25 total striped stalls exist and are usable by June 1, 2010
either on-site or through an off-site rental agreement.
4. If there is an off-site rental agreement, a signed and notarized agreement for parking
access must be obtained from the owners of 715 Florida Avenue South. This document
must allow the use of at least 25 parking spaces for the 3rd Lair. The document must be
provided to the City by June 1, 2010. 3rd Lair must give the City notice of the expiration
of the rental agreement at least 30 days prior to its expiration.
5. The applicant must submit a report by June 1, 2010 showing that their property has been
brought into compliance with the Fire Code and the Building Code both indoors and
outdoors.
6. Operating hours shall be 8 am to midnight daily. (The closing hours shall be 10 pm until
the completion of all changes required in the building as noted by the code analysis
presented to the Deputy Fire Marshal in February 2010.)
7. The City Manager shall be given a 30-day notice for "all-nighter events" and a two week
notice for all other after hour events/park rentals.
8. The applicant must submit a written report by September 1, 2010 regarding compliance
with their Conditional Use Permit including: parking, safety issues and code compliance.
9. All notifications of private parties (park rentals) and "all-nighters" shall include an estimate
of the number of persons that will be attending. If the attendance is estimated to be more
than 150 people, the City reserves the right to require that 3rd Lair hire a member of the
Golden Valley Fire Department to ensure that all occupancy limitation code requirements
are met. Also, the City reserves the right to require that 3rd Lair hire a Golden Valley
Police Officer to be in attendance at the event in order to help ensure the safety of
attendees.
10. The applicant shall provide the City with a full and complete indemnity for all claims that
could be brought against the City as a result of its use of the property, in a form to the
satisfaction of the City Attorney.
11. The applicant is required to provide liability insurance coverage to the City in the statutory
maximum (presently $1,500,000) as either a named insured or an "additional insured" on
its insurance policy and that it provide the City Attorney with a copy of its insurance policy
for inspection and review.
3
Attachments
Location Map (1 page)
Unapproved Planning Commission Minutes dated February 22, 2010 (9 pages)
Planning Commission Minutes dated January 11, 2010 (6 pages)
Conditional Use Permit #95, dated June 4,2002 (2 pages)
Underlined/Overscored Version of Conditional Use Permit #95, Amendment #1 (3 pages)
Memo from City Attorney Allen Barnard dated March 12,2010 (1 page)
Memo to Planning Commission dated February 19, 2010 (2 pages)
Memo to Planning Commission dated January 7,2010 (2 pages)
Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page)
Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page)
Applicant's Narrative (1 page)
Site Plans (2 pages)
Letter from Senator Ellen Anderson, dated February 15, 2010 (1 page)
Letter from Mark Saliterman, dated January 7, 2010 (2 pages)
Ordinance No. 434, Approval of Amended Conditional Use Permit No. 95, Amendment 1, 850
Florida Avenue South, Mark Muller, 3rd Lair Skate Park, Applicant (2 pages)
Recommended Action
Motion to adopt Ordinance No. 434, Approval of Amended Conditional Use Permit No. 95,
Amendment 1, 850 Florida Avenue South, Mark Muller, 3rd Lair Skate Park, Applicant.
4
21S :110
515
6901
11101
6IIOll
we 1394 TO LOUISIANA A\It! s
INTERSTATE 394
INTERSTATf 394
ClJ
\1~f,:l~'.n~$1A-df;!:i c~~C+t.OGiSQtsa>>s
\I)
~
<(
lU
$J
:1
:r:
~
6660
LAUREL AVE
. ..
VI
!:
Of(
8
ti
100 ~ .
.
~21
.
.
.
lJ!
~
'"
a
...'
iii;
0;
it
,. 1'~.U~ject Property I
..
702
. .
90S
-
Ill'
!S:'
Of(
Q'
~;
w
g
...
lXlO
6440
6400
6300
S$ If"'^'
.'JI00STo
'VB 1394
1:81394 1;0
Ssl1W
)';lOos
:J
Ml2fl
Regular Meeting of the
Golden Valley Planning Commission
February 22, 2010
ular meeting of the Planning Com ission was held at the Golden Valley City Hall,
Cou . hambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday,
February 10. Vice Chair Waldha er called the meeting er at 7 pm.
1.
M 0 by Eck, seconded by Schmidg II and motion carried uriam'imously to approve the
nuary 25, 2010 minutes with correcti s.
Purpose: To allow f
week for special even
2.
Continued Informal Public He
- 850 Florida Avenue South -
nditionalUse Permit Amendment #1
Applicant: 3rd Lair Skatep.
M
Address: 850 Flori
xisting skate park to be open 24 hours a day, 7 days a
d to reduce the required number of parking spaces.
Mark Grimes, rr ctort)f PI'ahhing and Development, reminded the Commission that this
item was t bled eirJ~nuary 11, 2010 meeting in order to obtain some additional
informatio e~ and Fire Departments including a code analysis. He explained
that a code een done on the property and there is some work that will need
to be done to fulfill the requirements of the code analysis. He stated that one
issue noted I de analysis is if the parking area is reconfigured to provide proper
acces'sJor emelrgency vehicles, there would only be four parking spaces available in the
rear areaQf thEill building as a result. Therefore, requiring the applicant to provide 25
parking spaces is going to be impossible. However, the applicant has been working with
the neighboring property across the street to secure off-site parking.
Grimes discussed the applicant's request and stated that based on past performance,
staff cannot recommend the extended hours being requested by the applicant. They have
continued to violate the hours of operation allowed in their current Conditional Use Permit,
even as recently as this past week. He said staff's recommendation is to not approve the
applicant's request to extend their hours of operation, require the applicant to meet the
Fire Marshal's issues regarding the code analysis and require the applicant to provide off-
street parking.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 2
Stacy Altonen, Police Chief, stated she feels the activities that occur at the skate park are
positive for youth and that her concern is not about the activity, it is about the operation of
the business. She stated that there have been repeated violations of the Conditional Use
Permit relative to the hours of operation and by the applicant's own admission they've
had unauthorized overnight events for the past six to seven years.
Altonen explained that after the January 11 Planning Commission meeting several
members of city staff met with the applicants regarding their request and to discuss how
they could come to some sort of compromise. During that meeting the F .~rshal
clearly spelled out the fire code issues and the applicants were told t oulClA.eed to be
addressed and presented prior to this Planning Commission meeti .:he said s also
told the applicants at that meeting that it is hard for her to suppo IS reqil.l~st wi their
track record of repeatedly violating their Conditional Use Perm' he 'd sne
surprised and disappointed when she realized after their meet e a pficant's
website lists their hours as midnight on some nights when they've een allowed
to be open until 1 0 pm. She stated that as recently as last Thursday, ary 18, there
were several people using the skate park after 11~,~;\;;.;rheappliciilnt in Icated to the
police that they could not be open to the public after1Giip/"ll, but they could have private
skate parties after 10 pm. She said one of the requests c ntly being made by the
applicant is to allow them to have private parties. d to be en after 10 pm. Five nights
ago they told the police that they didn't knOw this . . '~.;~ ed is another indication of
dishonesty. She said she is concerned about the dire in -compliance with the existing
Conditional Use Permit and does notsupport this amendment request. She added that
the kids have to be safe and their parents need to know their kids are safe in regard to fire
code issues, capacity issues and the general management of the operation.
Eck asked if there has e
any kind because of con
applicant's history Vlfith her
traditional police calls.
ninGident that required law enforcement intervention of
ring atthe facility. Altonen said she didn't have the
wouldn't say it is a troublesome spot in terms of
Ed Anderson, Fir.eMarshal, reiterated that staff asked the applicant to do a code
analysis 0 tGishow that it meets the building and fire code requirements, the
ZoningQo s and the occupancy and classification of the building itself. He
said staffre the de analysis and found ten items that needed clarification. One of
those items arding access to the back of the building. He explained that in order
for there to b fir apparatus turnaround the majority of the parking spaces in the back
of the buildingvvould need to be eliminated leaving them 3 or 4 parking spaces in that
area. Hesaicfit is his understanding that the applicants now understand what needs to be
done in regard to the code analysis items.
Kluchka asked if the code analysis was specific to expansion of the building. Anderson
explained that the building code and fire code have changed since the building was first
inspected in 2002. Grimes added that there is also less space available behind the
building than there was originally because that area is being used for storage and skate
ramps so there is less room for emergency vehicles to turn around.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 3
Waldhauser asked Anderson to point out on the site plan where emergency vehicles
enter the site and how they turn around. Anderson referred to a site plan and discussed
the location of a proposed "hammerhead" turnaround and the parking spaces that would
have to be removed.
Cera asked if the proposed amendment were not granted if the applicant would still have
to bring the property into compliance with the fire and building codes. Anderson said yes
and added that he will work with the applicant to set up a schedule of how the outstanding
issues will be addressed.
Mark Muller, Applicant, stated that 3rd Lair has been in business fo~14 years, 7 ofWhich
have been in Golden Valley. He stated that in the time they haveen in Golden Valley
he knows of five other skate parks that have gone out of busi Th have been able
to survive the difficult economy by responding to their custom andfihding ways
to keep their customers engaged. He explained that in making so changes
they've inadvertently violated their Conditional Use Permit andapol for operating
outside their permitted hours and reducing the avail Ie on,,~itep~rking. He added that
without making these changes their business mig today.
Muller stated that over the past three months they rave ta on a significant financial
burden in order to address the concerns raisedbyt . d he believes that every
concern has been appropriately resolveg. He noted y have spent over $4,000 in
architectural fees to validate their or' . aFblueprihts frat are still representative of the way
the building is today. The outco'] nalysis is that there have been no significant
changes to the building. He saidc'tt!.e F' arsha.1 has required there to be additional
signage and some new accqrTll11o" for the parking area that will reduce the size of
their outdoor skate park.ht.e added t II of the items in the code analysis have been
addressed. He stated thalthey have bel'1 closing at 10 pm and have cancelled their all-
nighter program. HE}~l~ted that if they are not able to return to their previous operating
model he estimatesc;ltG~.pf $50,000 per year which will put incredible stress on their
business.
ission that he hopes they will approve his request to have
: am to midnight and allow them to have an additional 25 nights
ey ca e open all night, or partial nights in order to have the all-nighter
p~rk rentals. He said he is willing to give the City a 30 day notice for
ents and if they do not receive approval for their requested amendment
ble to capitalize on the opportunity to maintain their business.
He referred to the issue of parking and said they've submitted a plan that allows for four
on-site parking spaces and he has a lease agreement approving the rental of the parking
lot across the street to the east. He said the proposed parking arrangement will leave
enough space for them to operate the outside skate park area which is critical for their
business.
He stated that there are two groups that benefit from their business, kids and the City of
Golden Valley. The City benefits because many of their patrons are not from Golden
Minutes of the Golden Valley Planning Commission
February 22,2010
Page 4
Valley but they come to Golden Valley and spend money at other surrounding
businesses. He said 3rd Lair is highly regarded by several other communities and is
considered to be one of the leading skate parks in the nation so he hopes Golden Valley
is proud to have them in the community. He added that they are also taking care of a
building that was sitting vacant for two years before they moved in and would sit vacant
again if they left. He said their business benefits kids by providing a safe and positive
environment, their all-nighter events keep kids off the streets, their sessions and lessons
provide structure and goals for young people to work toward, their facility provides a safe
place to make life-long friends, the activities they provide encourage kid active and
healthy and their rules teach kids respect and sportsmanship. He ask ning
Commission to support these kids and help them sustain their busine ad an
email of support from a parent of a child who participated in a rec$nt ev
KJuchka asked for clarification regarding the rental of the faajiljty. Muller said operate
the all-nighter events and other special events and they alsoll1:l!ilve outside companies that
rent the facility after hours.
Eck said he recognizes the realities of operating abusinessing~~icult economic
environment. He also recognizes that the applicant seems to be doing a very good job in
terms of managing the business and providi ppsitive atmosphere for young people.
He added that it is difficult for him to undst' after the least Planning Commission
meeting that there could still be any po Ie fusion bylhe applicant that they are not
in compliance with the Conditionall)se .. i~tl,~ continue to operate beyond the
hours allowed. Muller referred to the incicJent~hat the Police Chief spoke of earlier. He
stated that they closed their buSit1(i!sS to the pu~ilc at 9 pm that night and had a park
rental from 9 pm to 10 pm tabU late. Matt Parrish, Mr. Muller's business partner,
added that they have be at10 pm since the last Planning Commission meeting.
He agreed that the hours been changed on their website but they have installed
a large sign on the frpnt do says they are now closed at 10 pm.
Eck asked the
under the curr
and adde
nighteriye
plicaht ifjt.js~conomically unfeasible for them to operate their business
ourS/allowed in their existing Conditional Use Permit. Muller said yes
to be open until midnight and be allowed to have their all-
tals.
C~~~ askedit~r a\l?~licant about the typical age of their customers. Muller stated that
they~\t1~ given l~psons to kids as young as 3 but their main demographic is kids 8 to 12
yearsGI~jt. .
Cera asked the applicant how their hours of operation coincide with curfew requirements.
Muller said he's not familiar with the curfew laws but he thinks that they would apply more
to kids wandering the streets at night. Cera asked Muller if he would be open to having
different hours on weekends versus during the week. Muller said before he was made
aware that they were violating the hours listed in their Conditional Use Permit they were
open unti/11 pm on Monday, Tuesday and Wednesday, until 9 pm on Thursday, until
midnight on Friday and until 9 pm on Saturday and Sunday. He added that they frequently
have park rentals on Saturday nights after 9 pm.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 5
Muller referred to the parking issue and explained that he has permission to rent the lot
from their neighbors across the street so he is hoping that solves the parking issue and
the main issue left to address is their hours of operation.
Waldhauser stated that she visited the site at approximately 3:30 pm and there were a lot
of cars parked in the applicant's parking lot as well as on both sides of the street. Muller
stated that renting the lot across the street will work well for them because they have
opposite business hours. Mark Rodriguez, Mr. Muller's business partner, stated that he
believes the cars Commissioner Waldhauser is referring to are PRISM's..Q\.;I;~t()mers.
Waldhauser noted that 3rd Lair also has a facility in Burnsville and
they could have the all-nighter events at that site. Muller stated
separate corporation and is smaller than the Golden Valley 10
they need to have the all-nighter revenue in order to stay in bus
Grimes referred to the original site plan that showed 50parkingispa
the building. He asked about the fenced-in area. Mull~r explained that e area Grimes is
referring to is the outdoor ramp area and is not fenced In, but ha:sbeen expanded since
the original Conditional Use Permit. McCarty asked if the outdoor ramp area was
approved by the City. Muller explained that ~ outdoor ramp area was approved as a
part of their original Conditional Use Pe~~it 't has been expanded since then.
Rodriguez added that there is a gate in~.Mat a but it is not fenced in.
Altonen addressed the questions.r€!gardingcyrfew. She explained that for kids under 16
the curfew is 9 pm on weekdays (Sunday throL:igh Thursday) and 10 pm on weekends
(Friday and Saturday). For 'ar than that, but not yet adults the curfew is 10 pm on
weekdays and 11 pm on /) . Waldhauser said she assumes those curfew rules
apply for children who ar pani€!d by a parent or adult. Altonen said that was
correct and added that the rules apply to kids who are outside. She clarified that
although the PoliceO~p~~~e./!~es not receive very many calls to 3rd Lair, they do
receive a fair a ount<Rfc~Usfr~rhsurrounding businesses regarding unaccompanied
children and c n sk~teboarding and gathering in large groups.
ke~jthe applicant if
urnsviUe location is a
. H~i reiterated that
Golcjen Valley.
public hearing.
Matt Parrish, ner of 3rd Lair, stated that he moved to Minnesota nine years ago
and has beentCiking his son to 3rd Lair for five years. He stated that parents are nervous
when th~y firstbring their kids to 3rd Lair but after watching the staff with their kids they
feel comfortable. He stated the Chief Altonen has admittedly never been to their facility
and is making her decisions based on their website while hundreds of parents every week
make the decision that this is a safe environment for their kids based on actual
experience and interaction at 3rd Lair. He stated that about a year ago Muller and
Rodriguez came to him because 3rd Lair was struggling in the hard economy and over the
last year they have really been working hard to sustain their business. He said closing at
9 pm as opposed to midnight, not being allowed to have all-nighter events and reducing
the size of their skate park probably won't shut them down, but all of those things hurt
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 6
their business. He said wants to be allowed to be creative and to be productive so they
can keep doing all of things they do for Golden Valley.
Shaun Vanvark, Andover, said his family goes to 3rd Lair quite often. He said it is a safe
and clean place and Mr. Muller is adamant about keeping the place clean. He said a
couple of observations he's made is that the crowd after 9 pm tends to be older kids
which is a revenue stream for them. He referred to all-nighters and said they are well
supervised and are a great, fun thing these kids are into. He stated that surrounding
businesses really do benefit from people spending money in this area and he is one of
many families spending a lot of money in Golden Valley. He said he appreciates the City's
efforts to make sure fire codes, etc. are up to date but he hopes wI) t has gone on. in the
past hopefully won't be a punishment issue but that 3rd Lair can operrand be),iable
and a benefit to Golden Valley.
Jackson Parrish, 2725 Cabaline Trail, Hamel, said he is 10 years been
skating at 3rd Lair for five years. He said he has met most of his fri rd Lair and
everyone who works there cares and is supportive iman.d his Jriend by cheering
them on at contests and teaching them new trick~.ed tHe Commission to please
help 3rd Lair because it is his favorite place to be~<
Troy Mosen, said his son also skates at 3rd Lair ha 0 problem leaving him there
alone because it is a good place for kids to hang out. eEl reed that 3rd Lair brings a lot
of money to the local businesses in en Valley area and hopes the Commission
considers that when making their
Kristin Parrish, 2725 Cabalin.eTr
organizations and knows tHere are c
Lair provides to this community.
el, said she works with youth service
that are funding programs that provide what 3rd
Mike Crawford, 4644ii:Kr~U~Point Road, Cable, WI, said he runs a summer camp for
skateboarding and gYrm~~~ti;Q~\~nd he has never worked with a group of people that
genuinely care forkids~;,>much as the people at 3rd Lair do. He said the all-nighter events
are a huge part of what$~ate parks do. He said it would be a great shame if 3rd Lair had
to c10s
ring no one else wishing to comment, Waldhauser closed the public
Cera the applicants are asking for their hours to be changed to 8 am to
midnight and noted that someone earlier mentioned that they don't open until 3 pm. He
asked for clarification on the hours of operation.
Rodriguez explained that during the week they have found that they don't have a lot of
business before 3 pm in the winter but their summer business is a whole different
dynamic. He explained their current hours and the various programs they offer now and
programs they would like to offer in the future. He reiterated that they would like to have
their hours be 8 am to midnight, plus the 25 all-nighter events per year.
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 7
Grimes asked Rodriguez if they always have a 30-day advance notice for all of their park
rentals including private parties and all-nighters. Rodriguez said they could give the City a
30-day notice for the all-nighter events but they might not always have that much advance
notice for other park rentals. He said he feels that if they are allowed to have permission
for 25 all-night events per year that would work for their all-nighter events and their private
party park rentals.
Grimes asked about the youngest person 3rd Lair would let into their facility after 9 pm.
Muller said they leave that decision to the parents and to his knowledge
issue with curfew because the kids aren't out on the streets, they are i
Kluchka said curfew is an issue of parent responsibility and is not rele
they should stop talking about it. Waldhauser said that the curfew issue
impact on the surrounding property owners.
McCarty said he doesn't doubt that the facility is safe but his c~ncern is that they've
clearly violated their Conditional Use Permit and he is~pying a/hard time supporting this
request based on their past actions.
Schmidgall said he wonders if 3rd Lair had come to them inthe beginning and asked for
permission to have the all-nighter events if lanning COmmission would have
recommended approval. He suggested riodil1 whiCh the City asks them to
comply with all the codes and maybe a4~) to beropen from 8 am to midnight, but
not allow the all-nighter events until~hwe some forward movement.
Eck agreed that the violations should nQthavef1>9curred but he has not heard one single
negative comment about thO irless. He said this business appears to be very positive
and if the hours can be and. the applicant's are sincere, he would support this
req uest.
the parking, which seems to have been addressed, 2)
to midnight, 3) the all-nighter events; and 4) approving
a certain period of time.
Cera said there are
the regular business
this request on atrial
Grime g~estedt~~appticants submit a report to the City Council in 6 months that
explainsQ)N they've met the conditions of their Conditional Use Permit. In specific,
bri'f'lging thEri~foperty "up to code" and having a definite parking agreement in place. He
explalped thal)the City has a right to call these violations misdemeanors, or the City can
revoke1IDe C itional Use Permit. He told the applicants that the City cannot see
anymoreVJ1<D Ions. McCarty asked if there is a reason the Conditional Use Permit hasn't
been revoked. Grimes said staff generally likes to work with people rather than having to
go to court. He stated that the Planning Commission can recommend approval of the
requested amendment he just doesn't want to have unrealistic conditions put in place that
are impossible to enforce.
Waldhauser said her preference would be to approve the amendment as requested with
parameters and a set time to review everything again. She suggested to the applicants
that they put together a plan regarding the business side of their operation.
Minutes of the Golden Valley Planning Commission
February 22,2010
Page 8
Kluchka agreed that the Commission should recommend approval for the extended hours
of 8 am to midnight. He suggested that the private rentals be required to obtain a permit
from the City in order to give the applicants some flexibility. He also suggested that there
be monitoring of their hours and their compliance with the fire code. Waldhauser thought
it would be difficult and would require much more advanced notice if a permit was to be
reviewed by staff every time the applicants have a private rental. Kluchka said the City
has nothing to do with their private events. Cera said he thinks the City and particularly
the Police need to know. Grimes suggested requiring 30-days notice for the all-nighter
events and a two week notice for the after hour park rentals. Kluchka su ~st~d that the
applicants be required to give a two week notice for any event held a ours and not to
separate the all-nighter events from the private party rentals becau~.e~t just
complicates things. Muller stated that they rarely have private rentals that~o past
midnight. The applicants agreed that they could give a 30-daynotice for theirall-nighter
events and a two week notice for the after hour park rentals:
McCarty asked if the conditions they've been diSCUSSil?l'SJ<;~ould?~e in effect once 3rd Lair
complies with all the code issues. Anderson explain.rd thatt~r~~~e issues have been
addressed with the architect but that nothing hasbeenirnplemeF)~.~9 yet. He added that
he thought June 1 would be a sufficient deadline to implement thecode issues.
Schmidgall stated that the property is cu . i$.fit/yi~essy andl.Jnsightly. He told the
applicants that he wants them to under ........... d t~.~tthe Planning Commission is inclined to
give them the extended hours they're askiAg~()r,btlt~e hopes they'll fulfill their end of the
deal and doesn't want to hear about the same issues six months from now.
MOVED by Cera, secondedt;>;YMcCarty and motion carried unanimously to recommend
approval of the request f Co'H~jti6nal Use Permit amendment with the following
conditions:
1. The parking are ace for a screened dumpster. The screened dumpster
must be app 9ved y theE3uj hg Official.
2. The parkin a mtJ$tcomply with American with Disability Act standards, including
providi handicapped-accessible parking.
3. A signe dagreement for parking access must be obtained from the
owners 0 FIOri Avenue South. This document must allow the use of at least 21
parkingspac~or the 3rd Lair. The document must be provided to the City by June 1,
2010.
4. Proef.rnustbe provided that 25 total striped stalls exist and are usable by June 1,
2010.
5. The applicant must submit a report by June 1, 2010 showing that their property has
been brought into compliance with the Fire Code and the Building Code both indoors
and outdoors.
6. Operating hours shall be 8 am to midnight daily.
7. The City Manager shall be given a 30-day notice for "all-nighter events" and a two
week notice for all other after hour events/park rentals
Minutes of the Golden Valley Planning Commission
February 22, 2010
Page 9
8. The applicant must submit a written a report by September 1, 2010 regarding
compliance with their Conditional Use Permit including: parking, safety issues and
code compliance.
--Short Recess--
Reports on Meetings 0 he Housing and Redevelopment Authority, City
Council, Board of Zoni Appeals and other Meetings
Kluchk ave a report on the F .bruary 16 City Council w
were app ed. .
all of the planning items
Kluchka gave a pdate regar ing Olson Sc / '
Committee.
5.
6.
I
I
il
Regular Meeting of the
Golden Valley Planning Commission
January 11, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
ouncil Chambers, 7800 Golden Valle Road, Golden Valley, Minnesota, on Monday,
Ja ry 11, 2010. Chair Keysser called the meeting to order at 7:05 pm.
Those pres were Planning Commiss ners Eck, Keysser, Schmidgall a aldhauser.
Also present wa irector of Planning a d Development Mark Grime Ity Planner Joe
Hogeboom and Ad . 'strative Assistan Lisa Wittman. Commis' ers Cera, Kluchka and
McCarty were absent.
1. Approval of Minutes
3, 2009 Regular Plan ng Commission Meeting
Eck referred to the last sentence 0
changed to "needs".
MOVED by Eck, second y Waldhaus r and motion carried
November 9, 2009 mi es with the abov noted correction.
Eck referr to the last sentence on page 10 and stated the word "to" should be ch
the wor from".
M ED by Eck, seconded by Waldhause and motion carried unanimously to approve the
ovember 23,2009 minutes with the abo e noted correction.
2. Informal Public Hearing - Conditional Use Permit Amendment #1 -
850 Florida Avenue South - CU-95
Applicant 3rd Lair Skatepark, Mark Muller
Address: 850 Florida Avenue South
Purpose: To allow for the existing skate park to be open 24 hours a day, 7 days a
week for special events
Hogeboom explained the applicant's request to amend their existing Conditional Use
Permit (CUP) to allow them to be open 24 hours a day for special events and to reduce
their required number of parking spaces from 50 spaces to 5 spaces in the summer and 25
spaces in the winter.
He referred to Police Chief Altonen's memo included in the agenda packet and discussed
some of her concerns regarding crowd control and safety.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 2
He stated that in regard to the request for fewer parking spaces planning staff realizes that
the current requirement of 50 spaces may be too much, so staff is recommending the
applicant have 25 parking spaces available year-round. He referred to his memo and
discussed the recommended conditions of approval which include: providing a screened
dumpster, complying with the American with Disabilities Act by providing adequate
handicapped-accessible parking and providing 25 striped parking spaces.
Keysser asked how many parking spaces the applicant has currently. Hogeboom said he
wasn't sure but he doesn't think they have the 50 spaces they are required to have.
Keysser asked if the applicant meets the conditions in their current CUP and with Fire
Department requirements. Hogeboom said they are not in compliance with their existing
CUP and he thinks there have been on-going issues with the Fire Department
requirements.
Eck referred to a site plan of the property and asked for clarification regarding the number
of parking spaces shown on the plan. Grimes explained that in the past, the applicant's
demand for parking has decreased in the summer months. He stated that there have been
various issues regarding outdoor storage, parking, signage and the overnight events being
held without permission, and that the applicant has been asked to address these issues.
Eck asked if there have ever been the required 50 designated parking spaces on this
property. Grimes said yes, originally there were 50 parking spaces and that over time skate
board ramps have taken over several of the parking spaces.
Mark Muller, Applicant, introduced his business partners Matt Parrish and Mark Rodriguez.
He referred to the Deputy Fire Marshal's memo and stated that all of conditions listed in his
memo have been met. He stated that he has had a code analysis done and life safety
issues are being met. He explained that their total occupancy load is 494 and that Deputy
Fire Marshal, Ed Anderson, wants each separate area to have occupancy load signs
posted, which he is willing to do.
Muller gave a history of his business and stated that they are proud of their history, their
ability to provide a safe environment and how their presence has added to Golden Valley.
He stated that over the past few years their admissions have been lower so their special
events and "all-nighters" have become increasingly important. He stated that they have
been hosting "all-nighters" approximately 6 to 8 times per year for 13 years. He explained
that approximately 50 to 75 kids attend the "all-nighters". The kids are dropped off by their
parents and the doors are locked so the kids cannot come and go as they please, however
parents are allowed to pick their child up during the night if they wish.
Schmidgall asked when the "all-nighters" occur. Muller stated they occur on Saturday
nights starting at 9 pm and ending at 7 am on Sunday mornings. He stated that they
occasionally have parents that stay with their children or volunteer at the events. He noted
that a new form of revenue for them has been to rent out their facility for industry events
and photo shoots. He said he understands that they need better safety implemented but
they are proud of their safety record. He added that he would like to have a minimum of 20
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 3
"all-nighters" per year. Muller referred to Police Chief Altonen's memo and stated that he
thinks she is misinformed and doesn't seem to understand that these events are for kids,
are completely staffed and are drug and alcohol free.
Schmidgall asked Muller if he would have any objection to giving the Police Chief 30 days
notice of the all night events. Muller said he would have no objection to giving her
notification and in fact she currently receives notification of the "alJ-nighters". He explained
that the all night events are planned months in advance and are posted on the 3rd Lair
website and sent to a bulk emaillist.
Eck said he doesn't see anything in the existing CUP that gives the applicant permission to
have the all night events. Muller stated that the all night events have been a part of his
business plan since the beginning and it is his understanding that he is allowed to have the
all night events. Keysser noted that the CUP is very clear about what is allowed and that
the issues in the Police Chiefs memo are valid concerns that could cause significant risk.
Grimes explained that staff heard about an all night event held last September and that the
applicant was allowed to have his special event that one time. Schmidgall noted that that if
the applicant has been having the all night events since he moved to his Golden Valley
location that means there have been 40 to 50 events up to this point. Muller agreed that
some of the Police Chiefs concerns are valid and reiterated that it was his understanding
that he could hold the all night events as he's been doing. Eck asked Muller where he got
his understanding that he could have all night events. Muller reiterated that the all night
events have always been a part of his business plan. Grimes explained that the all night
events may have been part of the applicant's business plan, but they have never been a
part of the Conditional Use Permit.
Keysser referred to Deputy Fire Marshal Ed Anderson's concerns and asked Muller to
address them one by one. Muller referred to Anderson's first comment regarding an
occupancy capacity calculation and explained that they had a code analysis done in 2002.
Muller referred to Anderson's second comment regarding outdoor occupancy and
explained that this is a new requirement and he will address the issue. Muller referred to
Anderson's third comment regarding egress and explained that egress issues were
addressed when the original Conditional Use Permit was obtained and that no egresses or
walkways have changed at all. Muller referred to Anderson's fourth and fifth comments
regarding fire code regulations and annual fire alarm and fire suppression system
inspections and stated that Anderson receives annual reports as requested. Muller referred
to the issue of obtaining a food license and explained that he receives a temporary special
event food license every time he has an event and he is not required to have a permanent
food license.
Muller stated that life safety issues are his number one issue. He discussed the safety
procedures followed during his all night events including requiring waiver forms, safety gear
and emergency contact information for every child.
Schmidgall asked about the age of the children at the all night events. Muller stated that the
average age child at an "all-nighter" is 8 to 12 years old. He added that if the child is
younger the parents typically stay at the event with them.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 4
Muller referred to his proposal regarding the reduction of parking spaces. He stated that
over the last 7 years the designated parking spaces have decreased in response to their
customer's needs. He said that during past summer months there would be kids skating in
the parking lot which wasn't safe so they determined the safest and best use would be to
turn some of the existing unused parking spaces into an attraction and an area for more
outdoor skating space. He explained that there is an agreement with the City in place that
allows Golden Valley residents to use the outdoor skating area free of charge during the
summer months.
Keysser asked if there was permission granted by the City to take away 25 of the existing
parking spaces. Muller said no and added that the outdoor skating area just evolved due to
the result of kids dragging the ramps into the parking areas and kids wanting to skate
outside during the summer. He stated that he doesn't want to change the outdoor skating
area back into parking spaces because it is a benefit to their business and to Golden
Valley. He added that he has talked to the neighboring property owner to the east about
renting some of their parking spaces if they are needed or required. Eck said he doesn't
understand why the applicant needs to rent parking spaces and yet he is asking to reduce
the required amount of parking spaces. Mark Rodriguez, Muller's business partner,
explained that they would only need to rent parking spaces for large events and if the City
requires them to have 25 parking spaces all year long as opposed to having 5 spaces in
the summer and 25 spaces in the winter as requested. Schmidgall questioned how the
parking requirements went from 50 spaces to 25 spaces. Grimes explained that there were
no parking requirements in place regarding this type of use when it was originally approved
and 50 spaces seemed reasonable at the time. He stated that 25 spaces seem to be
working well and he feels 25 year-round parking spaces now seem reasonable.
Schmidgall referred to the letter submitted by the property owner to the north. Muller said to
his knowledge there has never been anyone towed from the parking lot to the north. He
stated that there are signs posted in that lot that say "No 3rd Lair parking". Rodriguez stated
that he thinks the issues with the property to the north occur when there are events at 3rd
Lair. He explained that they tell their customers, and make announcements at their events,
letting customers know that they should not park in the lot to the north. Muller said he
agrees that the property owner to the north should tow cars if they are parking in his lot.
Grimes stated that he is concerned about the location and screening of the dumpster, the
handicap access parking spaces being blocked with picnic tables and about there being
enough room for emergency vehicles to access the site with the way cars have been
parking. He stated that he has spoken with the applicant in the past about these issues and
he would like them to be addressed. Schmidgall asked if there are handicapped parking
signs posted. Muller said yes.
Keysser suggested that the applicants have a meeting with staff to discuss the issues that
have been raised. Muller stated that he has spoken with the Deputy Fire Marshal, but that
the Police Chief has not agreed to meet with them. Hogeboom said he would work on
getting a meeting set up.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 5
Muller showed the Commissioners some video clips of a previous "all-nighter". Waldhauser
asked if the likelihood of injuries goes up when the kids are up all night skating. Rodriguez
said no, there haven't been more injuries during the all night events.
Keysser opened the public hearing.
Mark Rodriquez stated that he has skated at 3rd Lair since 1997. He said he appreciates
the Planning Commission listening to their proposal and he understands that some rules
have been broken based on their ignorance, but he hopes the City will see what they do as
beneficial because most property owners don't want skateboarders destroying their
property. He stated that the impact of their business on these kids is huge and he hopes
the City understands that. He added that they do their best to keep their ramps maintained
and that their skate park is one of the best in the state. He added that they are going to do
everything they can to satisfy any issues or concerns.
Seeing and hearing no one else wishing to comment, Keysser closed the public hearing.
Eck stated he thinks the applicants provide a service and are trying to do a good job but it
seems that there are enough issues with this proposal that he would like to have police and
fire representation at a meeting or at least have something in writing from them because
Mr. Muller has said that he has met the police and fire requirements.
Waldhauser said she is not sure if staff's concerns are boilerplate issues or genuine
concerns regarding this use. She said the Planning Commission doesn't typically look
favorably on businesses that don't comply with the conditions in their permits but she thinks
this is a good activity to have in Golden Valley for this particular age group. She said 3rd
Lair is an asset to the community and she wants it to be safe and successful so it is
unfortunate that there are so many outstanding issues. She said she gives the owners the
benefit of the doubt in not knowing what was required of them, but she is concerned about
the Police Chief's issues and would support this request with the Police Chief's conditions.
Grimes reiterated his concerns about the parking issues and would like to see staff's
concerns addressed before this proposal is approved. Keysser said he appreciates the
applicants wanting outdoor space for their ramps and asked Grimes what he sees as a
compromise. Grimes stated that there can't be items stored in required parking spaces and
he wants to make sure all of the safety requirements are met. He said he is not sure where
the discrepancy between the applicant and the Deputy Fire Marshal is because he talked
with the Deputy Fire Marshal last week and was told that the issues in his memo still need
to be addressed but the applicant is saying that the items have already been addressed.
He said he has to listen to staff and go with staffs recommendations.
Keysser agreed that there are some unanswered questions and suggested tabling the item
to clear up some of the ambiguous issues. Waldhauser suggested that the applicants also
get a parking plan with the neighboring property in place too.
Minutes of the Golden Valley Planning Commission
January 11, 2010
Page 6
Schmidgall agreed that there are too many loose ends in this proposal. Eck said he doesn't
think anyone on the Commission is questioning the applicant's desire to do a good job they
just need to get some clarification.
Hogeboom reiterated that he would start working on setting up a meeting with staff and the
applicants.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to table the
applicant's request.
--Short Recess--
Reports on Meeting of the Housing and Redevelopment Authority, City
Council, Board of Zo ing Appeals and other Meetings
4.
5.
Lester Eck, Secretary
",
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 02-95
Issued To:
. ..... June 4, 20.0.2 bvthe City Council inacooroance with
See. '11.10., Subd.2andSectlon 11.30. ofCityCo~e
3rd Laitlnc....... Mark Muller .
Date.ofApproval:
. Approved' Location:
'850. Florida Avenue South, Golden Val1ev,MN
Approved Condition:al.
Use: Toatlowa skate Dark in the Industrial Zoning.District
Conditions of Approval:
1. No parking 'shall beattowed' within the landscape areas.
2. Any signage for the building must meet the signage requirements of the City's
Inspe.ction Department.'
. . .
3. The outside dumpster rnustbe screened from view with materials compatible with
the building.
. . .
'. 4. ThefencingLaround the.outdoorskating area shall have screening made of a high
grade mesh material (similar to a tennis court) to lessen noise and visual impacts.
5. All deliveries shall take place between 8:0.0 A.M and 2:0.0. P.M. Monday through
Fri,day.
6. Bicycle racks for at least 20. bicycles shall be provided.
7. Whenever possible, private individual and group lessons shall t>e scheduled before
. opening hours on $atutdaysor Sundays.
8. No outside music, loud speakers"or pubHc address systems will be anowed,
exceptfor occasional public safety announcements.
9. The pro'shopshallremain a secondary use to the recreational uses of the faciJity
an.dshall occupy no more than 60.0. square feet oUhe building.
1 O. Theparkinglotsh~lIbestriped so as to provide for So. parking spaces.
11.IUhe Directorof Planning and Development determines thatmorep?lrking spaces
are needed; the apPlicants will be. required to lease parking areas from businesses
within 500 feet of this bUilding,IUhe applicants are unab1etoobtain leasing
agreements, theol,ltdoorskating area will be used for pa'rking.
9.
12. 'Jf the DtrectorofPlarmjng and Oevelopmentdetermineirthat parking is becoming
congested during sessions, the time between sessions may be lengthened :so as to
'alleviate thiscol1gestion~
'13. Operating hours shan be1rom 9:00AM to 10:00 PM daily.
Failure to comply With oneormoreofthe above conditions shall be grounds for "
revocation oftheconditional use permit.
Warning: This permit does not exempt you from aU other City Code provisions,
regulations, . and>ordinances.
Issued by:
Mark Grimes, Director of Planning and Development
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 95, Amendment #1
Date of Approval:
June 4. 2002 (Oriqinal) and March 16. 2010 (Amendment #1)
by the City Council in accordance with
Sec. 11.10, Subd. 2 and Section 11.47 of City Code
Issued To:
3rd Lair Inc. - Mark Muller
Approved Location:
850 Florida Avenue South. Golden Valley, MN
Approved Conditional
Use:
To allow a skate park in the Industrial Mixed Use Zoninq
District
Conditions of Approval:
1. No parking shall be allowed within the landscape areas.
2. The parkinq area must comply with American with Disability Act standards,
includinq providinq adequate handicapped-accessible parkinq,
3. Proof must be provided that 25 total striped stalls exist and are usable by June 1.
2010 either on-site or throuqh an off-site rental aqreement.
4. If there is an off-site parkinq aqreement a siqned and notarized aqreement for
parkinq access must be obtained from an owner of property within 500 feet of the
3rd Lair site. This document must allow for the use of at least 25 parkinq spaces for
3rd Lair. The document must be provided to the City by June 1, 2010. 3rd Lair must
qive the City notice of the expiration of the rental aqreement at least 30 days prior
to its expiration.
5. If the Director of Planning and Development determines that more than 25 parking
spaces are needed, the applicants will be required to lease additional parking areas
from businesses within 500 feet of this building. If the applicants are unable to
obtain leasing agreements, the outdoor skating area will be used for parking.
6. The applicant must submit a report to the City Manaqer by June 1, 2010 showinq
that their property (outdoors) has been brouqht into compliance with the Fire Code
and the Buildinq Code.
7. The applicant must submit a written report to the City Manaqer by September 1.
2010 reqardinq compliance with their Conditional Use Permit including: parkinq,
safety issues and code compliance.
8. The outside dumpster must be screened from vie'lI '.\'ith materi3ls compatible with
the building The parkinq area must allow space for a screened dumpster. The
screeninq for the dumpster must be approved by the Building Official.
9. Any signage for the building must meet the signage requirements of the City's
Inspection Department siqn code requirements found in City Code.
10. The fencing around the outdoor skating area shall have screening made of a high
grade mesh material (similar to a tennis court) to lessen noise and visual impacts.
11. All deliveries shall take place between 8 am and 2 pm Monday through Friday.
12. Bicycle racks for at least 20 bicycles shall be provided.
13. Whenever possible, private individual and group lessons shall be scheduled before
opening hours on Saturdays or Sundays.
14. No outside music, loud speakers, or public address systems will be allowed, except
for occasional public safety announcements.
15. The pro shop shall remain a secondary use to the recreational uses of the facility
and shall occupy no more than 600 square feet of the building.
The parking lot shall be striped so as to provide for 50 parking spaces.
16. If the Director of Planning and Development determines that parking is becoming
congested during sessions, the time between sessions may be lengthened so as to
alleviate this congestion.
17. Operating hours shall be from 9:00 AM to 10:00 PM 8 am to midniqht daily. (The
c10sinq hours shall be 10 pm until the completion off all changes required in the
buildinq as noted by the code analysis presented to the Deputy Fire Marshal in
February 2010.)
18. The City Manaqer shall be qiven a 30-day notice for "all-niqhter" events" and a two
week notice for all other after hour events/park rentals.
19. All notifications of private parties (park rentals) and "all-niqhters" shall include an
estimate of the number of persons that will be attendinq. If the attendance is
estimated to be more than 150 people. the City reserves the riqht to require that 3rd
Lair hire a member of the Golden Valley Fire Department to ensure that all to
require that 3rd Lair hire a Golden Valley Police Officer to be in attendance at the
occupancy limitation code requirements are met. Also. the City reserves the right
event in order to help ensure the safety of attendees.
20. The applicant shall provide the City with a full and complete indemnity for all claims
that could be brouqht aqainst the City as a result of its use of the property. in a form
to the satisfaction of the City Attorney.
21. The applicant is required to provide liability insurance coveraqe to the City in the
statutory maximum (presently $1.500.000) as either a named insured or an
"additional insured" on its insurance policy and that it provide the City Attorney with
a copy of its insurance policy for inspection and review.
22. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the conditional use permit.
Issued by:
Mark Grimes, Director of Planning and Development
Warning: This permit does not exempt you from all other City Code provisions,
regulations, and ordinances.
MEMORANDUM
TO:
City Manager and City Council
FROM:
ADB
DATE:
March 12,2010
RE:
Application of Third Lair for an Amended CUP
It is my understanding that the applicant has failed on a number of occasions to honor the
hour limitations placed on its existing CUP. In addition, I understand that Third Lair has failed
to provide the parking required by the initial CUP.
Given the track record of Third Lair and the fact that it is now applying for an
amendment which would permit it to have "all nighters" of juveniles in its facility, if the Council
approves the Amendment, I recommend that the City impose the following additional conditions
as a part of the conditional use permit:
1. That the applicant provide the City with a full and complete indemnity for all
claims that could be brought against the City as a result of its use of the property,
in a form to the satisfaction of the City Attorney.
2. That the applicant be required to provide liability insurance coverage to the City
in the statutory maximum (presently $1,500,000) as either a named insured or an
"additional insured" on its insurance policy and that it provide the City Attorney
with a copy of its insurance policy for inspection and review.
ADB/nck
000090/480568/1168236_1
Hey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
February 19, 2010
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Continued Informal Public Hearing on a Proposed Amendment to Conditional
Use Permit CUP-95, to Allow for 24-Hour Operation at 850 Florida Avenue South
- Mark Muller (3rd Lair Skate Park), Applicant
Background
Mr. Mark Muller, associate with 3rd Lair Skate Park, attended the January meeting of the
Planning Commission seeking to amend Conditional Use Permit (CUP) #95. The proposed
amendment would allow 3rd Lair Skate Park's hours of operations to be extended. The
proposed amendment would also decrease the number of required on-site parking spaces.
Currently, the facility is allowed to operate between the hours of 9 am and 10 pm and must
have 50 on-site parking spaces.
The Planning Commission tabled the proposal and requested that a more thorough building
and fire code analysis be completed by the applicant, and that the applicant meet with
Planning Department staff, the Deputy Fire Marshal, and the Police Chief. This meeting
occurred on January 21,2010. Staff was unable to agree to support the applicant's proposal.
The applicant provided a thorough code analysis to Deputy Fire Marshal Ed Anderson. In
addition to identifying several changes that must be made to the property, the analysis found
that only four parking spaces can be built onsite if adequate emergency access is to be
provided. Deputy Anderson, as well as Police Chief Stacy Altonen, will be in attendance at the
Public Hearing to discuss this matter in further detail.
Recommended Action
Based on prior violations of the existing Conditional Use Permit, staff is recommending that the
applicant be denied the request to increase hours of operation.
Staff recommends denial of the applicant's request to reduce the on-site parking requirement
as proposed. Staff feels that 25 dedicated, year-round, parking spaces for the business would
1
be adequate for the site. Staff suggests allowing the applicant to obtain a parking access
agreement from 715 Florida Avenue that would allow the 3rd Lair to use at least 21 parking
spaces. Approval of the reduced parking request is subject to the following conditions:
1. The parking area must allow space for a screened dumpster. The screened dumpster must
be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards, including
providing adequate handicapped-accessible parking.
3. A signed and notarized agreement for parking access must be obtained from the owners of
715 Florida Avenue South. This document must allow the use of at least 21 parking spaces
for the 3rd Lair. The document must be provided to the City by June 1, 2010.
4. Proof must be provided that 25 total striped stalls exist and are usable by June 1,2010.
Attachments:
Location Map ( 1 page)
Planning Commission Minutes, dated January 11, 2010 (6 pages)
Letter from Senator Ellen Anderson, dated February 15, 2010 ( 1 page)
Memo to Planning Commission dated January 7,2010 (2 pages)
Conditional Use Permit No. 95, dated June 4,2002 (2 pages)
Applicant's Narrative (1 page)
Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page)
Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page)
Letter from Mark Saliterman, dated January 7, 2010 (2 pages)
Site Plans (2 pages)
2
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
January 7,2010
To:
Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing on a Proposed Amendment to Conditional Use Permit
CUP-95, to Allow for 24-Hour Operation at 850 Florida Avenue South - Mark
Muller (3rd Lair Skate Park), Applicant
Background
Mr. Mark Muller, associate with 3rd Lair Skate Park, has requested an amendment to
Conditional Use Permit (CUP) 95 which would allow 24 hour per day operation of the facility.
The CUP, obtained June 4,2002, allows the facility to operate between the hours of 9 am to
10 pm. The property, zoned Industrial at the time of original CUP approval, is now included in
the 1-394 Mixed Use Zoning District. In addition, the applicant is also requesting a reduction in
parking spaces on the site.
Proposed Amendment
According to the applicant, posted public hours would be changed to 9 am to midnight.
However, under this proposal, the applicant requests the ability to allow the facility to be rented
out for special events over night.
Also, the CUP requires 50 striped parking spaces on the premises. The applicant is requesting
that this number be reduced to 5 striped parking spaces in the summer months and 25 striped
parking spaces in the winter months. The applicant states that a high percentage of clientele
are not of driving age, and therefore do not require parking spaces.
Recommended Action
The Planning Department has reviewed the applicant's request as well as the Public Safety
Department's response to the request. Based upon Police Chief Stacy Altonen's report, staff is
recommending that the applicant be denied the request to increase hours of operation.
1
The Planning Department also recommends denial of the applicant's request to reduce the on-
site parking requirement as proposed. However, staff does recommend amending the CUP to
allow 25 striped parking spaces, year-round, with the following conditions:
1. The parking area must allow space for a screened dumpster. The screened dumpster
must be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards, including
providing adequate handicapped-accessible parking.
3. Proof must be provided that 25 striped stalls exist and are usable by June 1, 2010.
Additionally, the Fire Department has expressed concern over safety issues within the building.
Staff recommends that the following conditions be met prior to the approval of any amendment
to the CUP:
1. The applicant must provide to the Fire Department an occupancy capacity calculation to
determine the means of egress in accordance with the Minnesota State Fire Code. This
capacity calculation shall include, but not be limited to, the standing room and seating
capacity of the entire structure. The occupancy capacity calculation information
shall be submitted to the Fire Department from a registered architect that is
licensed in the State of Minnesota.
2. The applicant must provide an occupant load that accounts for both the interior of the
building as well as the outdoor area of the site.
3. The applicant must provide proof that the egress system for the building meets the
requirement of the Minnesota State Fire Code.
4. The fire alarm and fire suppression system located in the building shall be tested and
inspected annually. The result of the previous annual test must be submitted to the Fire
Department for review.
5. The applicant must obtain a license for selling food from Hennepin County. A copy of
the license must be provided to the Fire Department.
Attachments:
Location Map ( 1 page)
Conditional Use Permit No. 95, dated June 4,2002 (2 pages)
Applicant's Narrative (1 page)
Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page)
Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page)
Letter from Mark Saliterman, dated January 7,2010 (2 pages)
Site Plans (2 pages)
2
~n'
Gol ire'!DY~U~Y
Fire Department
763-593-8065 I 763-593-8098 tfax)
To: Mark Grimes, Director of Planning and Development
From: Ed Anderson, Deputy Fire Marshal
Subject: CUP Amendment, CU95-A 1 Application
Date: December 3,2009
The Golden Valley Fire Department staff has reviewed the application for the Conditional Use
Permit CU95-A 1 amendment for the 3rd Lair Skate Park, located at 850 Florida Avenue
South.
The Golden Valley Fire Department comments are as follows:
1. Provide to the fire department an occupancy capacity calculation to determine the
means of egress in accordance with the Minnesota State Fire Code. This capacity
calculation shall include, but not limited to, the standing room and seating capacity of
the entire structure. The occupancy capacity calculation information shall be submitted
to the Golden Valley Fire Department from a registered architect that is licensed in the
State of Minnesota.
2. The outdoor area to be used by persons in this complex and in addition to the
occupants of the building, the path of egress travel from the outdoor area passing
through the building needs of egress requirements for the building shall be based on
the sum of the occupant loads of the building plus the outdoor areas.
3. The egress system for the building shall meet the requirements of the Minnesota State
Fire Code.
4. The current building site shall meet the fire code regulations in accordance with the
Minnesota State Fire Code.
5. The fire alarm and fire suppression system located in the building shall be tested and
inspected annually. The annual test result shall be submitted to the Golden Valley Fire
Department for review.
If you have any questions, please contact me at 763-593-8065 or eanderson@cLqolden-
valleV.mn.us.
Hey
Golden Valley
Police Department
763.593.8079 I 763.593-8098 (fax)
Date:
December 15, 2009
To:
Mark Grimes, Director of Planning and Development
From:
Stacy Altonen, Chief of Police
Proposed Changes to 3rd Lair Conditional Use Permit
Subject:
It is my understanding that 3rd Lair Skate Park has applied for an amended Conditional Use
Permit, inclusive of allowing the business to be open all night to host private parties. I would
like to formalize my opposition to this proposed amendment, on the basis of crowd control and
safety concerns.
In previous dealings with 3rd Lair, it has become apparent that existing conditions of permitted
use have been violated on several occasions, including being over-capacity, parking and
remaining open for business beyond allowable hours of operation. I am not confident the
current owners/managers have an overriding eye toward the safety of all patrons and
employees. To that end, I have serious concerns about authorizing the business to host
overnight parties, as the Police Department would have no knowledge of the size or nature of
the parties, and would only learn of poorly planned events (in terms of number of guests and
activities) after something went wrong and officers were forced to respond to a problem.
The City of Golden Valley requires advance knowledge and a security detail for certain events
held at Brookview Community Center. This requirement is in place so the City can screen
proposed activities to avoid foreseeable crowd and safety issues. The typical 3rd Lair
customer is a young juvenile demographic, often without onsite parental supervision. To
expose these customers to dangerous business operations without regulatory oversight would
almost certainly be viewed as negligence and deliberate indifference on the part of the City of
Golden Valley. If the City of Golden Valley is inclined to grant an amended Conditional Use
Permit to 3rd Lair, I would at least request the implementation of a screening and approval
process for all proposed events prior to authorizing the event so that the Police Department
would have some prior knowledge of the anticipated crowd size and type of event being
hosted. Any police security needs should come at the expense of 3rd Lair.
I would welcome the opportunity to discuss this issue further should you or Council wish to do
so.
10/12/09
To: Mark Grimes, City of Golden Valley
From: Mark Muller, 3rd Lair SkatePark
Re: Amendments on Conditional Use Permit
Mark -
Attached is our application for the Conditional Use Permit. As we discussed here are our
proposed amendments:
1. We would like permission to be open 24 hours a day - 7 days a week.
a. Our 'Open to the Public Hours' will remain 9:00am - Midnight, everyday
of the week
i. We will occasionally rent out the facility before or after these
hours to individuals and corporations for events such as video or
photo shoots, private practice, and private parties, etc.
2. We would like permission to reduce the number of required parking spaces
a. Summer - 5 on site parking spaces
b. Wmter - 25 on site parking spaces
i. A very high percentage (80 - 90%) of our clientele is not old
enough to drive. Most of our clientele is dropped off and picked
up by parents (year round)
1. We are able to secure overflow parking in our neighbors
lots if needed/required
Please let me know how to proceed from here.
Thank you -
Mark Muller
J 44
'..
4'
. ..
: ~.
I.
I
,
I
I
I
F
f
I
I
,
I
,
. I
. I
, ,
,
, ,
. ,
I'
. I
1
I
I
I
"
I
I
I
.
I
I
,
I
I
45
..,. .Ie
OUTDOOR RAMP AREA
'.
"
\
\ .-
\ ,/.'
\ I
\ I
\' ,
'\
, I \
f \
, \
, I
, I
I I
I I
I :
I ,
I I
, I
, I
I I
I I
I
I I .........'
, '
,I
f'
I
/
"
I
I
/
I
I
i
I
I
I
,
z
,
'\
--...
~'"
~
17
U
"
14
~
It
n
~
~
z
9
j
CD
>-
.~
(I)
I .
-La.
~vi
!t-t
InIlO
R -.
w=
.
.,-.. -..-.. --..,.-...-.O' _.. _.._. ._..__.. - ...-.:
HJ.nos
....
............ ......~ ........
" L..._
..-
. .....,"'-
.. ... ...
... ..
" ...
.. ...
" ...'
, ...
\ ...
\ \
\ ,
\ ,
\ \
\ \
\ I'
I ,. I
I .1
, I
, '
I :
t I
I I
, ,
. , I
II
I'
i"
/
/
01
I
,
.
II
9
.
.
lnN3^V
val~o'.:I
~.....
........ . . .....
IiIl
, ,
I
I
I
I
I
I
I
I
(
I
I
f
I
I
I
I
I I
~ I
ii,
I
~'IL\
I ,r:CJ
I
I
I
I
I
I
..... . .....
i.. Prop05ed flcxx Plan
I' ....20'
r
I
I
I
I
I
I
I
I
I
. I
I
-
BATHROOMS
r........,......,-~-
I I
I I
I
I I
I .
I I
I______J
r--------I
1 I
I I
PRO SHCP I I
I KID"S RAMP /IlEA I
. I I
I I
.. I
. I
I I
I I
. LOUNGE RECEP1I<lN 1- - - ~ . I
EinRY
Q4EQ(-IN
CFFICE
STREET
COURSE
SKATE
PARK
AREA
BOWL
SENATOR ELLEN R. ANDERSON
District 66 . St. Paul and Falcon Heights
120 State Capitol BuIlding
75 Rev: Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 5515&-1606
Phone:(651)29~537
E-mail: www.senate.mnIsenatorandersonemail
Senate
State of Minnesota
February 15, 2010
To:
City of Golden Valle~~nunission Members
Golden Valley City Co' rs
Senator Ellen Anders ~
3rd Lair Skateboard P
From:
Subject:
I write in support of3rd Lair Skateboard Park. I'm very familiar with the park because
my children and a number of their friends have spent many days at 3rt! Lair.
I've found the park and its staff to be very welcoming and helpful. The park is a safe and
positive environment for kids, teenagers, and young adults. Even though skateboarding
is not a traditional sport, ] have found my older son puts as much determination,
discipline, and stamina into skateboarding as my younger son does playing hockey. It
takes a great deal of skill and athleticism to excel at skateboarding.
Kids these days are desperately short on physical activity and often lack safe and positive
environments, especially in the winter, where they can be active.
Unfortunately, we don't have an indoor skateboard park in the east metro so we spend a .
lot oftime driving to Golden Valley. Fortunately for your community, we spend a lot of
money at 3rd Lair and all the local restaurants.
I hope you will be able to support 3rd Lair's permit request that will allow them to
maintain hours of operation they need to be a successful business and to provide a safe
place at night for young adults.
CC: Senator Ron Latz
Representative Ryan Winkler
3rd Lair Skateboard Park
& COMMITTEES: Chair, Environment, Energy & Natural Resources Budget Division · Energy, Utilities, Technology &
RecycI6clJ'Bper Communications. Environment and Natural Resources. E-12 Education Policy and Budget Division · Finance
10%PosI. COMMISSIONS: Legislative-Citizen Commission on Minnesota Resources (LCCMR) · Legislative Energy Commission ·
Gonsumer F'lb... Lessard-Sams Outdoor Heritage Council
t.
S~;))
. Jan. f. LVIV 11:q.jI\M VISion banK
.a., '.'TEAM
. " PROPERTIES~INC.
., 4725 Highway 7
St..Louis Park, MN 55416
Office: 952-920-8555
Fax: ~~2"548-9890
NO. I'~'f r. L
5~~I;M
January'?, 2010
City.ofGol~n Valley
Attn: ~ R. Loomis, Mayor
Aun: City'Manager
Attn.: Planning Commission
Don Keysser) Chair
David cera
Los Eck
John Kluehka
Dean. McCarty
Steve .schmidgall
Cathy.Waldhauser
Mark Gi'i.mes) Director of Planning and Dev~lopment
Re: . 800 Florida Avenue South
:' . PropoSal.for Skateboard Park
. bear Golden Valley City Officials:
I am writing to express my concerns regarding the attached skateboard park proposed for 80Q
" Florida Ave. Si I own.the adjacent property at 7~O Florida A venue South and my tenants and I have
a1readi cKpc;rienced -!eEo\.~!tP1.Q.blems with intrusionS M the property by the occupants of 800
Florida. I WITfbe out of town onJmuary-l ftli'wiiCii the Planning Commission will be conducting
., the informal public hearing' but wanted to share Diy thoughts and those of my tenants.
In general, I ,find the proposal before the Commission to be ridiculous and discriminatory. I was
, pliuming on adding an addition on to my existing building to p~vide my food. shelf tenant with
, needed. additional sp8.oe. I was told not to both~r applying for a permit for the expansion since we
eowd:not compI)' with. the parking tequireinents.
, However~ in the proposal for 800 Florida before you, the Commission is stiggesting that almost no
parking is needed by our neighbors due to a "hardship" exception. When I diScussed the expansion
fo~the food shelf, I was told I dOntt have one. What, exactiy, is the hardship applicable to the
btisinessoperation at 800 Florida? Is a nonprofit food shelf less important than a for profit skate
park ~ less deServing of the City's colisideration?
Approval of the proposal for 800 Florida Avenue is discriminatory in another way as well. When I
attem~ to.exercise my rights under an e~emenf ~ment between me and owner of the old
J an. I, L U I U I I : 'I j AM
VISion banK
No. I~Y'l r. j
CrownPac.kaging building to the west and formally subdivide the parcels. (effectively, splitting
the driveway). I was denied appro'V'al from the City because our property is noW
"non-conforming". While I can live with the easemen~ not being able to formally separate the
parcels creates unnecessary headaches for me.
On the other hand, the City has allowed 800 Florida Avenue to continue to operate in violation of
the relevant conditional use permits because of the lack of parking required for its current
usage. I even pointed out that one of the emergency exits on the north side could be blocked by a
car as the exit goes directly onto my property. I don't know if this has ever been addressed. I
certainly expect that a fire inspection will make sure the kids are safe,
With regards to the operation of the property, we still have their patrons parking on our property as
they do not hav~ enough parking. We have it posted but we do not police the lot. This is especially
true when they have special events. To my knowledge they already have 24 hour 7 day a week
events. When these occur the trash on our property is huge.
They have been good about cleaning up occasionally but not during these events. Most of the
trash is from their patrons buying food at Burger King and Taco Bell. I understand that the
owners get along very well with our tenants with regards to most other issues.
We want to be good neighbors and think what they do is good for the kids in the community.
The City MUST impose certain requirements on the owners of 800 Florida Avenue if their request
is approved. .
. Security needs to be posted during special events on a 24n basis to keep patrons'
vehicles off our property. Otherwise) we will be forced to start towing vehicles
parked on our property.
. Neighborhood trash pickup not less than twice daily needs to be imposed. My
tenants should not have to bear the expenSe of cleaning up after persons attracted to
the vicinity by our neighbor)s special events.
As far as my concerns about the manner in which the City has treated our requests for reasonable
modifications to the property, my tenants and I just do not understand the double standard and
would like an explanation as to why we are being treated unequally.
Sincerely,
,~P-
Mark Saliterman
President
Direct: 612-718-8282
ma:tk@bankwithvision.com
ORDINANCE NO. ,2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Approval of Conditional Use Permit Number 95, Amendment #1
850 Florida Avenue South
Mark Muller (3rd Lair Skate Park), 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 11.47, by approving a Conditional Use
Permit Amendment for certain tracts of land at 850 Florida Avenue South, thereby
amending the existing Conditional Use Permit as follows in the existing building located
in the Mixed Use 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 parking area must allow space for a screened dumpster. The screening for the
dumpster must be approved by the Building Official.
2. The parking area must comply with American with Disability Act standards,
including providing adequate handicapped-accessible parking.
3. Proof must be provided that 25 total striped stalls exist and are usable by June 1,
2010 either on-site or through an off-site rental agreement.
4. If there is an off-site rental agreement, a signed and notarized agreement for
parking access must be obtained from an owner of property within 500 feet of the
3rd Lair. This document must allow the use of at least 25 parkin~ spaces for 3rd Lair.
The document must be provided to the City by June 1, 2010. 3r Lair must give the
City notice of the expiration of the rental agreement at least 30 days prior to its
expiration.
5. The applicant must submit a report to the City Manager by June 1,2010 showing
that their property (outdoors) has been brought into compliance with the Fire Code
and the Building Code.
6. Operating hours shall be 8 am to midnight daily. (The closing hours shall be 10 pm
until the completion of all changes required in the building as noted by the code
analysis presented to the Deputy Fire Marshal in February 2010.)
7. The City Manager shall be given a 30-day notice for "all-nighter events" and a two
week notice for all other after hour events/park rentals.
8. The applicant must submit a written report by September 1, 2010 regarding
compliance with their Conditional Use Permit including: parking, safety issues and
code compliance.
9. All notifications of private parties (park rentals) and "all-nighters" shall include an
estimate of the number of persons that will be attending. If the attendance is
estimated to be more than 150 people, the City reserves the right to require that 3rd
Lair hire a member of the Golden Valley Fire Department to ensure that all
occupancy limitation code requirements are met. Also, the City reserves the right to
require that 3rd Lair hire a Golden Valley Police Officer to be in attendance at the
event in order to help ensure the safety of attendees.
10. The applicant shall provide the City with a full and complete indemnity for all claims
that could be brought against the City as a result of its use of the property, in a form
to the satisfaction of the City Attorney.
11. The applicant is required to provide liability insurance coverage to the City in the
statutory maximum (presently $1,500,000) as either a named insured or an
"additional insured" on its insurance policy and that it provide the City Attorney with
a copy of its insurance policy for inspection and review.
Section 2. The tract of land affected by this ordinance is legally described as
follows:
Regular Land Survey No. 0648
South 170 feet of North 570 feet of Track E
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 16th day of March, 2010.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virniq
Susan M. Virnig, City Clerk
alley
m n
Park and Recreation
763-512-2342/763~512-2344 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
6. A. Authorization for Resubmittal of Application for Hennepin Youth Sports Program Grant
Prepared By
Rick Jacobson, Director of Parks and Recreation
Summary
With the recent release of information regarding applications for the Hennepin Youth Sports
Program Grants for 2010, the Open Space and Recreation Commission at their last meeting
had a discussion with a Golden Valley Little League representative to consider the
resubmission of the Honeywell Grant Proposal. After discussion, the Commission
unanimously passed a motion recommending to the Council to resubmit the Youth Sports
Grant proposal.
At the March 9 Council/Manager meeting, representatives from the Open Space and
Recreation Commission and Golden Valley Little League were present to discuss and answer
questions regarding the Honeywell Ballfield Grant Proposal.
Staff has prepared for Council consideration, the attached resolution approving a grant
submission, which outlines a proposal for the construction of two new ballfields on City
property south of the existing Little League field. The grant request will be for $400,000, with
the local match of $67,500 to be secured by the Golden Valley Little League Association
(GVLLA). If the grant is awarded, the Council has expressed an interest in further discussion
with the GVLLA regarding how to deal with construction cost overruns and ongoing
maintenance of the fields, as well as the possibility that the site may someday be considered
for a water treatment plant.
Attachment
Resolution Authorizing Resubmittal of Application for Hennepin Youth Sports Program Grant
(1 page)
Recommended Action
Motion to adopt Resolution Authorizing Resubmittal of Application for Hennepin Youth Sports
Program Grant.
Resolution 10-21
March 16, 2009
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING RESUBMITTAL OF APPLICATION FOR
HENNEPIN YOUTH SPORTS PROGRAM GRANT
WHEREAS, Hennepin County, via its Youth Sports Grant Program, provides for
capital funds to assist local government units of Hennepin County for the deveopment of
sports or recreation facilities; and
WHEREAS, the City of Golden Valley desires to develop the Honeywell Field
Expansion for the purposes of construction of ballfields;
NOW, TH EREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley:
1. The estimate of the total cost of development the Honeywell Field Expansion
shall be $467,500 and the City of Golden Valley is requesting $400,000 from the
Hennepin County Legacy Grant program and will assume responsibility for a
match requirement of $67,500.
2. The City of Golden Valley agrees to own, assume one hundred (100) percent of
operation costs for the Honeywell Field Expansion, and will operate the
Honeywell Field Expansion for its intended purpose for the functional life of the
facility.
3. The City of Golden Valley agrees to enter into necessary and required
agreements with Hennepin County for the specific purpose of constructing a
sport or recreational facility and long-term program direction.
4. That the City Manager and/or Director of Parks and Recreation is authorized and
directed to execute said application and serve as official liaison with Hennepin
County or its authorized representative.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
M 0 du
Manager's Office
Executive Summary For Action
Golden Valley City Council Meeting
March 16, 2010
Agenda Item
6. B. First Consideration - Ordinance # 435 - Adding a New Section 2.21: Withholding
Approvals Due to Delinquencies or Default
Prepared By
Thomas Burt, City Manager
Summary
At the March 9, Council/Manager meeting the City Council reviewed the attached ordinance
which allows the City to withhold all licenses, permits or other City approvals for any unpaid
fees, charges, taxes and compliance with all state laws and local ordinances.
Attachments
Ordinance #435, Adding a New Section 2.21: Withholding Approvals Due to Delinquencies or
Defaults (1 page)
Recommended Action
Motion to adopt on First Consideration, Adding a New Section 2.21: Withholding Approvals
Due to Delinquencies or Defaults.
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 2.21: Withholding Approvals Due to Delinquencies or Defaults
Section 1. City Code! Chapter 2 is hereby amended by adding a new Section
2.21! entitled "Withholding Approvals Due to Delinquencies or Defaults"! reading as
follows:
Section 2.21: Withholding Approvals Due to
Delinquencies or Defaults
Subdivision 1. Conditions to City Approvals
A license! permit! or other City approval or authorization of any kind may be
granted only to an applicant who:
A. Has complied with all applicable statutory and ordinance requirements
B. Has paid all fees! charges! taxes! special assessments and other debts or
obligations that are due from the applicant and payable to the City
regarding any matter
C. Is in compliance with all ordinance requirements and attached conditions
regarding other City approvals that have been granted to the applicant for
any matter
Subdivision 2. Waiver
The requirements of Section 2.21! Subd. l(B) and l(C) above may be waived in
the following circumstances:
A. The applicant! licensee or permittee has provided sufficient safeguards to
assure payment of debts or compliance with City requirements within a
reasonable time after the City approval
B. Enforcement of the requirements would result in a significant hardship to
the applicant through no fault of his/her own or would result in an
otherwise unfair situation
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety! by reference!
as though repeated verbatim herein.
Section 3. This Ordinance shall take effect after its publication as required by
law.
Adopted by the City Council this _ day of
! 2010.
Is/Linda R. Loomis
Linda R. Loomis! Mayor
ATTEST:
Is/Susan M. Virnig
Susan M. Virnig! City Clerk
alley
e n
Council
763-593-3990 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 16,2010
Agenda Item
6. C. Appointment to Theodore Wirth Park Citizen Advisory Committee
Prepared By
Linda Loomis, Mayor
Summary
The Minneapolis Park and Recreation Board is redeveloping the Theodore Wirth Park beach
and picnic areas. The Board is establishing a Citizen Advisory Committee and requested that
Golden Valley appoint a representative. The attached notice outlines the purpose and
operations of the Citizen Advisory Committee. Mayor Loomis has been in touch with a
possible candidate, but does not yet have a firm commitment to serve. She anticipates
recommending a Golden Valley representative at the March 16 Council Meeting.
Attachment
Minneapolis Park & Recreation Board Citizen Advisory Committee notice (1 page)
Recommended Action
Mayor Loomis will make a recommendation for appointment to the Theodore Wirth Park
Citizen Advisory Committee at the meeting.
Minneapolis Park & Recreation Board
Citizen Advisory Committee
The Minneapolis Park and Recreation Board (MPRB) is seeking applications for the Citizen
Advisory Committee for the project described below:
Theodore Wirth Park Beach and Picnic Area
The Wirth Beach Citizen Advisory Committee shall advise staff and consultants on park
visitor interests in the development of schematic designs that update the 1980 Existing
Conditions and Long Range Improvement Plan for Theodore Wirth Regional Park for the
section of the park bound by Theodore Wirth Parkway (west), Highway 55 (north), rail
line (east) and Glenwood Avenue (south), and the portion south of Glenwood Avenue
designated as "Picnic Area" in the 1980 plan. These designs are to include
. a destination family picnic area
. trail connections
. education programming
. recreation and maintenance facilities that will draw people to the park and connect
people to its recreational and natural resources.
The nineteen-member committee will include appointments from each of the MPRB
Commissioners, adjacent neighborhoods, the mayors of both Minneapolis and Golden Valley, the
Council Members from Wards 5 & 7, the Youth Coordinating Board, and the Northside Residents
Development Council.
Meetings are scheduled for the following dates:
March 25
April 1
April 8
April 29
May 6
Meetings will be held from 6:30 to 8:30 p.m. in the board room of the Minneapolis Park and
Recreation Board, 2117 West River Road.
In the event that a vote is required, committee members need to attend two-thirds of the
scheduled meetings to be eligible to vote.
Applications can be obtained online at www.minneapolisparks.org, or by contacting
Jennifer Ringold at 612-230-6464. Applications must be received by March 15 and will
be forwarded to elected officials and neighborhood groups to assist them in identifying
appointees for the committee. Appointments will be made by March 19.