06-01-10 CC Agenda Packet
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
June 1, 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. Board/Commission Oath of Office and Presentation of Certificate of Appointment
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda - All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes - City Council Meeting - May 4, 2010
B. Approval of Check Registers:
1. City
2. Housing and Redevelopment Authority
C. Licenses:
1. General Business Licenses
2. Solicitor's License - Rachel Brinda for Southwestern Company
3. Solicitor's License - Tyler Henrichs for Edward Jones
4. Gambling License Exemption and Waiver of Notice Requirement - The
Leukemia & Lymphoma Society
D. Minutes of Boards and Commissions:
1. Board of Zoning Appeals - October 27, 2009
2. Environmental Commission - April 26, 2010
3. Bassett Creek Watershed Management Commission - April 15, 2010
E. Bids and Quotes:
1. Pavement Striping and Markings - Quotes
F. Approval of Requests for Beer and/or Wine at Brookview Park
G. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in
the Park Series 10-23
H. Authorization to Sign Service Agreement with Home Free
I. Application for Attorney General Opinion Regarding County 911 Dispatch Services
J. Second Consideration - Ordinance #440 - Interim Ordinance Imposing a Twelve
Month Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expressway
International Park and Approve Summary Publication
4. PUBLIC HEARINGS 7 PM
5. OLD BUSINESS
6. NEW BUSINESS
A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt
Liquor License Renewals
B. Announcements of Meetings
C. Mayor and Council Communications
7. ADJOURNMENT
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M ora dum
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. B. 1. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City of Golden Valley.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
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Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. B. 2. Approval of Housing and Redevelopment Authority Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the Housing and Redevelopment
Authority.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
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Inspections
763-593-8090 I 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. C. 1. General Business Licenses
Prepared By
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.
#4470
#4478
#4480
#4481
#4482
#2882
Walgreen's Fireworks
5695 Duluth Street
$100.00
Waste Management of MN 9 Refuse Vehicles
10050 Naples Street N.E.
$450.00
Sanimax USA, Inc. 9 Refuse Vehicles
505 Hardman Avenue
$450.00
Randy's Env. Services 16 Refuse Vehicles
4351 Highway 12 S.E.
$800.00
Vintage Waste Systems 2 Refuse Vehicles
2142 Fern Lane
$100.00
Garbageman, Inc. 2 Refuse Vehicles
13895 Industrial Park Boulevard
$100.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
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City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. C. 2. Solicitor's License - Rachel Brinda for Southwestern Company
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Rachel Brinda for Southwestern Company.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
TO: Golden Valley City Council
7800 Golden Valley Road
Golden Valley, MN 55427
Fee Paid: $ ~ 0
Number of Persons: I ~~
Type of License: Peddler QQ!icitor~
(circle one)
Enclose the sum of $ ~D 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.
S ~\.liY\ V\~-eS 'tC:-g,\I\ Co )')\ ~ a t\:::l-
(Business or Individual Name or Organizatioh to be Liqensed)
4SQ 'd- 4 1/4-
(MN Business ID or FEIN (FederaIID) for Business Licenses)
Dej!ne Business
\...-OI'\::> Of CL--tL' ("W--
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
it<Q <0 D W, q la'{'h S-tY
(Address)
T6 \ 0 L<<\ \ ~ll)y'--'); fV\ \\ I
City, State and ZI Code)'
'-\ L\ \::J- 31 \-l ~'l- ~
(Telephone Number, including Area Code)
NOW, THEREFORE, KULh-E-\ B ~ \ Y"\m hereby makes application for
(Applicant Name)
period of~'-~- \ ~ through 6/30/~, subject to the conditions and Drovisions of said
. ode.
Description of goods or services for sale (include priG~s) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific):
EdUI"l\11l5Y'\O\ bl)D~ ~~-n~(l. (ULj, ~j\.o~\ ~S
/ ,
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:
(If more space is needed, attach additional sheets)
STATE OF rnlr(AIi~)
) ss.
COUNTY OF HilVlU~11J )
I, ~o.r Yrd <"f)cll\dOA--
(Officer/I nd ivid ual)
of <() D\.DYh l u.P S-tf' 12V1
(Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
Subscribed and sworn to before me this
(1f1'--- day Of~
Hn~~re) ~
, 20 / rJ
II
JUD'TH A. NALL V I
NOTARY PUBLIC.MlNNESOTA
My CoMI8iOIl Expfts" 31.lO15
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City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. C. 3. Solicitor's License - Tyler Henrichs for Edward Jones
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 Tyler Henrichs for Edward Jones.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
( -;) jeCC(S)
Fee Paid: $ GO
Number of Persons: /
Type of License: Peddler Solicitor
(circle on
.~~
I . (;;
Enclose the sum of $ roD 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.
~"t.V\V'~(J,c; - [Jwc.,<! ~e\i\.A.'" .
(Business or Individual Name or Organization to be Liqensed)
l'f"~ 0 .)1..( ~ 9 II
(MN Business ID or FEIN (FederaIID) for Business Licenses)
TO: Golden Valley City Council
7800 Golden Valley Road
Golden Valley, MN 55427
Define BUSinjSS
rnalvlJ,^-c
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
8"500 Ge:{t-r-. VC(1l ~y 1<0\ I Apt J3~
(Address)
c;;/~~e ~~~~pl c~~ :9) 4 :>-1
c'5/ - ~58- '1851
(Telephone Number, including Area Code)
NOW, THEREFORE, ''/ It.r H(Vl '( l<"~<) hereby makes application for
I . (Applicant Name)
period of (Q ,;) It U through 6/30/-11, subject to the conditions and provisions of said
City Code. ' I.
~ vWJ'-tl
(Signat re of Applicant/Principal Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific):
r V\. V e~ YV'-U\t ') 0.\'\ (,\ ril-\tlVlt ,'60 l S~ 'r v;( -eS
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:
(If more space is needed, attach additional sheets)
STATE OF Yh IN rvt.-t;mt- )
) ss.
COUNTY OF rl'iJVftfdl V )
I, ~ /-er He"('l ~
(Officer/Individual)
of
E'C~(A j'~ J(yr-...~
(Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
\",/'"
J
Si nature of Applicant/Principal Officer)
. L
/ ~-
/~G/"
Subscribed and sworn to before me this
I~ daYOf~
~n~u~~
2010
,
.
JUDITH A. NALLY I
NOTARY PU8I.IC.MINNESOTA
My ClIIaIIuIoII EIpIree.... :11. 2015
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City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. C. 4. Gambling License Exemption and Waiver of Notice Requirement - The Leukemia &
Lymphoma Society
Prepared By
Judy Nally, Administrative Assistant
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit
an application for a lawful gambling permit to the State after the permit has been approved or
denied by the City. Depending upon the timing of the permit the applicants may request the
City to waive the 3D-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from The Leukemia & Lymphoma Society requesting waiver of 3D day waiting period (1
page)
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for The Leukemia & Lymphoma Society.
Minnesota Lawful Gambling
LG220 Application for Exempt Permit Application fee for each event
If aoolication oostmarked or received:
An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days
- conducts lawful gambling on five or fewer days, and before the event before the event
- awards less than $50,000 in prizes during a calendar year. $100 $50
ORGANIZATION INFORMATION Check # $
Or!=)anization name Previous gambling permit number
The Leukemia & Lymphoma Society X-O.tfO"lv[ -()Pf -002-
Type of nonprofit organization. Check one.
D Fraternal D Religious D Veterans I X I Other nonprofit organization
Mailing address City State Zip Code County
8441 Wayzata Blvd., Ste. 340 Golden Valley MN 55426 Hennepin
Name of chief exeoutive officer (CEO) Daytime phone number Email address
Murray Schmidt 763.852.3000 Murray.Schmidt@LLS.org
Attach a copy of ONE of the following for proof of nonprofit status. Check one.
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
D 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$tate, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
~ IRS income tax exemption [501(c)] letter in your organization's name.
Don't have ai:(opy? 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 o.f 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)
The Metropolitan
Address (do not use PO box) City Zip Code County
5418 Wayzata Blvd. Golden Valley 55416 Hennepin
Date(s) of activity (for raffles, indicate the date of the drawing)
June 4, 2010
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
D Bingo* [8]Raffles D Paddlewheels* DPull-Tabs* DTipboards*
* Gambling equipment for pull-tabs, bingo paper, tipboards, and IIAISO complete .1
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form.
number Selection devices may be borrowed from another organization
authorized to conduct bingo. I Print FpcmI
To find a licensed distributor, go to www.gcb.state.mn.us and click on List IftesetF=().rrP....1
of Licensed Distributors, or call 651-639-4076.
Page 1 of 2 2/10
'1
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.
-i. The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1st class city).
_The application is denied.
Print city name Golden Valley
On behalf of the city, I acknowledge this application.
, Title fY W1'~ As<;',.{
Date OS-' I 18' I aC J 0
CHIEF EXECUTIVE OFFICER'S SIGNATURE
Chief executive officer's signature
Complete a separate application for each gam
- one day of gambling activity,
- two or more consecutive days of gambling activit ,
- 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
_The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
_The application is denied.
Print county name
On behalf of the county, I acknowledge this application.
Signature of county official receiving application
Title
Date_/~_
(Optional) TOWNSHIP: On behalf of the township, I
acknowledge that the organization is applying for exempted gambling
activity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title
Date~~_
ate to the best of my knowledge. I acknowledge that the
. 0 days of the date of our gambling activity.
, Date 5- a "'JOID
Financial report and recordkeeping required
A financial report form and instructions will be sent with
your permit, or use the online fill-in form available at
www.gcb.state.mn.us. Within 30 days of the activity date,
complete and return the financial report form to the
Gambling Control Board.
Questions?
Call the Licensing Section of the Gambling Control
Board at 651-639-4076.
Reset Form
'This form will be made available in altemative
'format (Le. large print, Braille)' upon request.
Data privacy notice:The information requested
,on this form (and any attachments) will be used
by the Gambling Control Board (Board) to
!determine your organization's qualifications to
be involved in lawful gambling activities in
. Minnesota. Your organization has the right to
'refuse to supply the information requested;
however, if your organization refuses to supply
,this information, the Board may not be able to
determine your organization's qualifications
and, as a consequence, may refuse to issue a
permit. If you supply the information requested,
the Board will be able to process your
organization's application. Your organization's
name and address will be public information
when received by the Board. All other
information provided will be private data until
the Board issues the permit. When the Board
issues the permit, all information provided will
become public. If the Board does not issue a
permit, all information provided remains private,
with the exception of your organization's name
and address which will remain public. Private
data are available to: Board members, Board
staff whose work requires access to the
information; Minnesota's Department of
Public Safety; Attorney General;
Commissioners of Administration, 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.
Blood
May 12, 2010
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Judy:
The Leukemia & Lymphoma Society will host our annual fund raising gala at the
Metropolitan Ballroom and Clubroom on Friday, June 4, 2010. We are requesting
permission to hold a raffle at this event and respectfully request that the City Council
waive the customary 30-day waiting period for the exemption for lawful gambling permit
required for this type of event.
Thank you for your consideration.
Sincerely,
Cathy Swanson Girsch
Sr. Campaign Director
Minnesota Chapter
8441 Wayzata Boulevard, Suite 340 Golden Valley, MN 55426
Phone: (763) 852-3000 Fax: (763) 852-300 I www.LLS.org/MNMWOY
Minutes of a Regular Meeting of the
Golden Valley Board of Zoning Appeals
October 27, 2009
A regular meeting of the Golden Valley Board of Zoning Appeals was held on Tuesday,
October 27,2009 at City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair
Segelbaum called the meeting to order at 7 pm.
Those present were Members Kisch, Nelson, Segelbaum, Sell and Planning Commission
Representative Waldhauser. Also present were City Planner Joe Hogeboom and
Administrative Assistant Lisa Wittman. Commissioner McCarty was absent.
I. Approval of Minutes - September 22, 2009
MOVED by Nelson, seconded by Kisch and motion carried 4 to 1 to approve the
September 22,2009 minutes as submitted. Commissioner Waldhauser abstained from
voting.
II. The Petitions are:
8830 23rd Avenue North (09-10-15)
Merwyn and Joyce Larson, Applicants
Request: Waiver from Section 11.21, Subd. 11 (A)(3)(a) Side Yard Setback
Requirements
. 3.78 ft. off the required 15 ft. to a distance of 11.22 ft. at its closest
point to the side yard (west) property line.
Purpose: To allow for the construction of an addition to the existing garage.
Request: Waiver from Section 11.21, Subd. 13(0) Pre-1982 Structure Setback
Requirements
. 1.5 ft. off the required 3 ft. to a distance of 1.5 ft. at its closest point to
the side yard (east) property line.
Purpose: To bring the existing shed into conformance with Zoning Code
requirements.
Hogeboom explained the applicants' proposal to expand their existing garage toward the
west property line. He stated that the width of the current garage is 19 feet and the
applicants would like to build a 23-foot wide garage which would be more functional. In
addition, the west wall of the existing garage is crumbling and needs to be replaced.
Hogeboom referred to the survey and noted that the front corner of the garage would be
located 11.22 feet from the west side yard property line, however the back corner of the
garage would be located 14 feet from the west side yard property line. He stated that staff
is in support of this request because there isn't a negative impact to the neighboring
properties and it is a reasonable request.
Minutes of the Golden Valley Board of Zoning Appeals
October 27,2009
Page 2
Hogeboom noted that there is a shed on the property which is located 1.5 feet away from
the east property line. The zoning code requires that sheds built prior to 1982 be at least 3
feet away from side and rear yard property lines. He stated that staff is recommending that
the variance for the shed be approved due to the fact that the applicants have indicated
that their plans include removing the shed in the future.
Waldhauser asked about the setback requirements for sheds built today and if the
applicants need the variance for the shed in order to get a building permit for the proposed
garage addition. Hogeboom stated that sheds today need to be located 5 feet away from
side and rear property lines. He stated that the applicants could receive a building permit
for the garage addition without obtaining a variance for the existing shed.
Merwyn Larson, Applicant, stated that the neighbors are supportive of their proposal and
reiterated that a 19-foot wide garage is too small and they want to build a more standard
size garage. Joyce Larson, Applicant, added that the neighbors most affected by the
proposed garage addition are in support of this proposal and have also received a
variance for a project they did in the past.
Sell asked if the proposed 4-foot wide addition would just be on the garage level or the
entire two-stories of the house. Mr. Larson said the addition would just be on the garage
portion of the house and not on the second story living space above the garage. He
showed the Board some elevation drawings of the proposed addition and discussed the
type of roof line and the pitch of the roof.
Nelson asked the applicants how long they've lived in this house. Mrs. Larson said they've
lived in this house for 20 years. She added that the shed was on the property when they
purchased the house.
Waldhauser referred to the application and asked the applicant to explain how the garage
wall would be supporting the slope. Mr. Larson explained that the current west wall of the
garage is crumbling and they need to extend the wall four feet in order to spread out the
loads to more adequately support the structure and provide stability.
Kisch asked the applicants if they intend to remove the existing shed in the future. Mr.
Larson said yes and added that they will probably build a new shed in the same location.
Kisch asked the applicants why the proposed addition needs to be 4 feet in width and
noted that a typical two stall garage is 20' x 20' or 22' x 22'. Mr. Larson said he feels a
24' x 24' is a standard size garage and if the proposed addition were only 2 feet wide it
would look strange and out of proportion.
Kisch asked about the width of the garage door. Mr. Larson said the garage door would be
18 feet wide.
Sell referred to the photos of the property and asked if a tree located near the garage is
going to cause any issues. Mr. Larson said he didn't think the tree would be a problem.
Minutes of the Golden Valley Board of Zoning Appeals
October 27, 2009
Page 3
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Sell stated that he doesn't have any concerns with the garage proposal because 19 feet of
width is not a real two stall garage. He stated that he would like to consider the shed to be
a non-conforming structure and would like to give the applicants a time frame in which to
move or remove it. Segelbaum stated that variances stay with the property forever and the
Board can't give an expiration date for a variance. He suggested placing some sort of
condition of approval regarding the location of the shed.
Hogeboom stated that his recommendation would be to approve the variance for the
garage addition and deny the variance for the shed giving the applicant an appropriate
amount of time to move or remove the shed. Segelbaum asked if the applicants would be
able to get a building permit for the garage if the non-conforming shed is still on the
property. Hogeboom said yes.
Segelbaum asked the Board about how they felt regarding a hardship in this case.
Waldhauser said the garage wall needs to be rebuilt and it is not logical to rebuild the
garage 19 feet in width. She added that there is also no neighbor opposition.
Kisch referred to the survey and asked if granting the variance for the front corner of the
garage to be located 11.22 feet from the side yard property line would also allow the back
corner of the garage to be located 11.22 feet away from the same property line.
Segelbaum suggested that the Board add language to the request that states the front
corner of the garage can be located 11.22 feet from the west property line and the back
corner of the garage can be located 14 feet from the property line as shown on the survey.
MOVED by Sell, seconded by Waldhauser and motion carried unanimously to approve the
following variance requests:
. 3.78 ft. off the required 15 ft. to a distance of 11.22 ft. for the front (south) corner of
the garage at its closest point to the side yard (west) property line to allow for the
construction of an addition to the existing garage.
. 1 ft. off the required 15 ft. to a distance of 14 ft. for the back (northwest) corner of the
garage at its closest point to the side yard (west) property line to allow for the
construction of an addition to the existing garage.
MOVED by Kisch, seconded by Sell and motion carried unanimously to deny the variance
request for the shed to be located 1.5 ft. off the required 3 ft. to a distance of 1.5 ft. at its
closest point to the side yard (east) property line.
Minutes of the Golden Valley Board of Zoning Appeals
October 27, 2009
Page 4
2450 Kewanee Way (09-10-16)
AI Helgemo. Applicant
Request: Waiver from Section 11.21, Subd. 11 (A)(1) Front Yard Setback
Requirements
. 13.1 ft. off the required 30 ft. to a distance of 16.9 ft. at its closest
point to the front yard property line.
Purpose: To allow for the construction of an open front porch.
Hogeboom stated that the applicant is proposing to build an open front porch that would
be located 16.9 feet away from the front yard property line. He explained that all the
homes fronting Kewanee Way were given a variance in 1959 to be located 25 feet away
from the front yard property line rather than the required 35 feet because of the
topography in the area. He stated that even though a variance was granted back in 1959
any new construction has to conform to current zoning code requirements. He added that
the proposed planters and stairs were not taken into consideration for this variance
request, only the roof line of the proposed porch addition.
Nelson asked if this proposed front porch did not have a roof on it, if it would have to come
before the Board for a variance. Hogeboom said the applicant would still require a
variance for the landing portion of the proposal because it is greater than 25 square feet in
area.
Kisch referred to the survey and asked for clarification regarding the size of the proposed
front porch.
Scott Peterson, Builder Representing the Applicant, explained that the roof of the front
porch will project 7.5 feet out from the house.
The Board discussed the proposed roof dimensions, the landing area dimensions, the
dimensions of the existing house and the location of the foundation versus the location of
the cantilevered portions of the house.
Segelbaum asked the applicant about what they feel the hardship is with their existing
doorway and stoop. AI Helgemo, Applicant, said the way the proposed front porch was
designed is proportionate with the rest of the house. Sell said he can see the benefit of a
front porch because it would provide protection from the weather.
Nelson asked the applicant if there is a hardship with how the front entryway currently
functions. Peterson stated that the current overhang is approximately 15' high and doesn't
really provide any protection from the weather.
Minutes of the Golden Valley Board of Zoning Appeals
October 27, 2009
Page 5
Hogeboom stated that staff considers the hardship to be the uniqueness of this lot. He
stated that the fact that the house was built 25 feet away from the front property line
causes the applicant to have to ask for a variance for a front porch that most properties
could build without the need for a variance. Nelson added that there are no neighbors
across the street and no neighbors behind the applicant so there really is no negative
impact to any neighboring property owners.
Kisch asked the applicant if he'd be willing to shorten the overhang to 5.5 feet in depth
instead of the requested 7.5 feet. Peterson said he thinks having a covering over all of the
steps is a benefit.
Segelbaum opened the public hearing. Seeing and hearing no one wishing to comment,
Segelbaum closed the public hearing.
Segelbaum said he is trying to balance the amount of hardship with and impact to the
neighboring properties and the reasonableness of the request. He said he is concerned
because all of the houses on this street are lined up with each other and an open front
porch would have an impact to the sideways view. He said he'd be willing to consider a 5-
foot deep open front porch.
Kisch agreed that a typical front porch is 5 feet deep and allowing an open front porch to
be 20 feet away from the front property line seems reasonable in this case.
Nelson agreed and explained to the applicants that the Board has been very protective of
front yard setbacks in the past.
Hogeboom referred to the survey and stated that it appears that the house may be located
slightly more than 25 feet away from the front property line and suggested that the
variance language state that the proposed front porch could be located 20 feet from the
property line instead of saying that the applicant can build a 5-foot deep front porch.
MOVED by Sell, seconded by Waldhauser and motion carried unanimously to approve a
variance for 10ft. off the required 30 ft. to a distance of 20 ft. at its closest point to the
front yard property line to allow for the construction of an open front porch.
III. Other Business
Segelbaum gave an update on the variance appeal for the property at 316 Meadow Lane
North. He stated that the applicant appealed the Board's decision to the City Council at the
October 20 Council meeting. The City Council upheld the Board's decision and told the
applicant to work with the staff regarding the construction of her deck and possibly
applying for a new variance.
Minutes of the Golden Valley Board of Zoning Appeals
October 27, 2009
Page 6
IV. Adjournment
The meeting was adjourned at 8:20 pm.
Chuck Segelbaum, Chair
Joe Hogeboom, Staff Liaison
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
Regular Meeting
Minutes
April 26, 2010
Present: Commissioners, Anderson, Baker, Gitelis, Hill, Pawluk and Stremel; Council
Members, Loomis, Pentel, Scanlon and Frieberg, Planning Commissioner
Cera, Mark Grimes, Planning Director, Joe Hogeboom, City Planner, AI
Lundstrom, Environmental Coordinator, Jeannine Clancy, Public Works
Director, Lisa Nesbitt, Administrative Assistant
1. Call to Order
Baker called the meeting to order at 7:00 pm.
2. Approval of Regular Meeting Minutes - March 22, 2010
MOVED by Hill, seconded by Stremel, and the motion carried unanimously to approve the
minutes of the March 22, 2010 meeting.
3. Residential Solid Waste and Recycling Study
Commissioners and Council members held a panel discussion with representatives from
the cities of Maplewood, St. Louis Park, Robbinsdale and Edina, regarding the handling of
solid waste. The cities of St. Louis Park and Robbinsdale have organized hauling systems,
Maplewood and Edina have open systems.
Topics for next month's meeting include: information on organics and construction
materials, a cost benefit analysis, and the staff impact of moving to an organized hauling
system. Staff will bring examples of RFP's from other cities as well as Golden Valley.
Hogeboom will ask the Assistant City Attorney for an interpretation of the state statute
regarding organized collection.
Knase is working on getting survey data from the Commissioners so a report can be
presented to the Commission.
4. Program/Project Updates
A. TMDL - to be updated next month
B. III - to be updated next month
C. Private Development Update - to be updated next month
D. Emerald Ash Borer - The tree inventory is still in progress.
E. MPCA Progress Repor t - to be updated next month
5. Commission Member Council Reports
None
6. Other Business
None
7. Adjourn
MOVED by Stremel, seconded by Gitelis, and the motion carried to adjourn.
The meeting adjourned at 9: 1 0 pm. The next scheduled meeting will be May 24, 2010 at
7:00 pm.
Bassett Creek Watershed Management Commission
Minutes of the Meeting of April 15, 2010
1. Call to Order
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:35 a.m.,
Thursday, April 15, 2010, at Golden Valley City Hall by Chair Loomis. Ms. Herbert conducted roll call.
Roll Call
Crystal
Golden Valley
Medicine Lake
Minneapolis
Minnetonka
New Hope
Plymouth
Robbinsdale
St. Louis Park
Also present:
Commissioner Pauline Langsdorf, Secretary
Commissioner Linda Loomis, Chair
Alternate Commissioner Ted Hoshal
Commissioner Michael Welch, Treasurer
Commissioner Bonnie Harper-Lore
Commissioner John Elder
Commissioner Ginny Black, Vice Chair
Commissioner Wayne Sicora
Not represented
Administrator
Counsel
Engineer
Recorder
Geoff Nash
Charlie LeFevere
Karen Chandler
Amy Herbert
Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth
Jack Frost, Metropolitan Council Environmental Services
Dave Hanson, Alternate Commissioner, City of Golden Valley
Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal
Richard McCoy, BCWMC Technical Advisory Committee, City of Robbinsdale
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Al Sarvi, Alternate Commissioner, City of New Hopel Friends of Northwood Lake Assoc.
Stu Stockhaus, Alternate Commissioner, City of Crystal
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
Liz Thornton, Alternate Commissioner, City of Plymouth
Jim Vaughn, BCWMC Technical Advisory Committee, City of St. Louis Park
2. Approval of Agenda and Consent Agenda
Prior to addressing the Agenda and Consent Agenda, Chair Loomis introduced Al Sarvi, the newly
appointed BCWMC Alternate Commissioner from the City of New Hope. Chair Loomis requested the
addition to the Agenda of item Cvii - a second invoice from MMKR for audit services, item 61 - a Request
from the Minnesota Pollution Control Agency (MPCA) for a contract extension with the BCWMC for the
Sweeney Lake TMDL, and item 6J - an Update on the BCWMC's Minor Plan Amendment Request to
BWSR. Commissioner Welch moved to approve the agenda as amended. Commissioner Black seconded
the motion. The motion carried unanimously [City of St. Louis Park absent from vote]. Commissioner
Welch requested the removal of the March 18,2010, meeting minutes and the April financial report from
the Consent Agenda. Commissioner Elder moved to approve the Consent Agenda as amended.
Commissioner Black seconded the motion. The motion carried unanimously [City of St. Louis Park absent
from the vote].
3. Citizen Input on.N<)n-Agenda Items
No citizen input on non-agenda items.
4. Administration
A. Presentation of the March 18,2010, BCWMC meeting minutes. Commissioner Welch requested a
correction on page 6 of the March 18th minutes under item C - "Joint and Cooperative
Agreement," where the minutes state that Commissioner Black both moved and seconded the
motion. Ms. Herbert stated that Commissioner Welch seconded that motion and that she would
correct the minutes.
Commissioner Welch commented that the last two paragraphs on page 7 of the minutes capture
the Commission's discussion of Northwood Lake and its listing as impaired for nutrients. He
wanted to make sure that the Commission understands that the Minnesota Pollution Control
Agency (MPCA) has been talking for some time about listing wetlands on the TMDL 303d list,
which would mean that wetland would be listed as impaired. Commissioner Welch wanted to
make sure that the Commission knows that changing the classification of Northwood Lake from a
lake to a wetland under public waters rules does not necessarily change its impaired status. Chair
Loomis commented that the classification change may change the phosphorus standards by which
Northwood would be measured. Commissioner Welch agreed that it would.
Commissioner Langsdorf asked for a correction to the minutes at the bottom of page 3 where the
minutes state that the City of Robbinsdale seconded the motion but instead should state that the
City of Robbinsdale was absent from the vote. Acting Commissioner Hoshal requested that the
references in the minutes to Chair Welch be amended to state Commissioner Welch.
Commissioner Welch moved to approve the March 18,2010, meeting minutes as amended.
Commissioner Black seconded the motion. The motion carried [City of St. Louis Park absent from
vote].
B. Presentation of the Financial Statement. Commissioner Welch reported that the Commission
received an updated financial statement. He explained that the updated statement shows that the
Education and Public Outreach line item includes the voided check that was intended for the
payment of the reimbursement request from the Meadowbrook Elementary for the education
grant. He reminded the Commission that it deferred action on the grant invoice until after the
Commission receives the report that the school finished the grant-funded project. Commissioner
Black moved to receive and file the financial report. Commissioner Harper-Lore seconded the
motion. The motion carried unanimously [City of St. Louis Park absent from vote].
The general and construction account balances reported in the April 2010 Financial Report:
Checking Account Balance
TOTAL GENERAL FUND BALANCE
700,753.13
700,753.13
Construction Account Cash Balance
Investment due 10/18/2010
Investment due 1/21/2015
TOTAL CONSTRUCTION ACCOUNT BALANCE
-Less: Reserved for CIP projects
Construction cash/ investments available for projects
2,059,596.76
533,957.50
500,000.00
3,093,554.26
2,776,849.07
316,705.19
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Kennedy & Graven - Legal Services through February 28, 2010 - invoice for
the amount of $1,432.50.
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BCWMC April 15, 2010 Meeting Minutes
ii. Barr Engineering Company - March Engineering Services - invoice for the
amonnt of $25,974.34.
iii. Amy Herbert - March Administrator Services - invoice for the amount of
$2,759.85.
iv. D'amico Catering - April 2010 meeting catering - invoice for the amount of
$342.69.
v. Prairie Moon Nursery - Seed Packets - invoice for the amount of $201.00.
vi. MMKR - Audit Services - First progress billing - invoice for the amount of
$3,000.
vii. MMKR - Audit Services - Second progress billing - invoice for the amount of
$1,500.
Commissioner Black moved to approve all invoices including the added invoice vii - MMKR
second progress billing. Acting Commissioner Hoshal seconded the motion. By call of roll, the
motion carried unanimously [City of St. Louis Park absent from vote].
D. Discuss Creating Commission Work Group to Review CIP. Chair Loomis stated that the
Commission had previously discussed creating a work group consisting of commissioners and
T AC members to review the CIPand the prioritization of the projects as well as how the TMDL
implementation plans could integrate into the prioritization of capital projects. Commissioner
Welch added that the element of integrating TMDL implementation plans into the CIP moves the
capital improvement planning discussion from a purely technical discussion into a policy
discussion, which is why the issue warrants a joint Commission and T A C task force.
Commissioner Welch stated that he thinks the goal of the task force would be to work with the
TAC to have recommendations ready for January 2011. Commissioners B]ack, E]der and Welch
volunteered to be part of the group and Chair Loomis said she would also sit in on the work
group. Commissioner Welch suggested that the Commission inform the TAC of the Commission's
action to create the work group and then direct the TAC to discuss howit wants to organize its
participation, when it would like to meet, and to coordinate the meeting with Chair Loomis.
E. Discuss Creating BCWMC Policy Manual. Chair Loomis directed Mr. Nash to work with Ms.
Herbert to pull together the policies and start reviewing them for a manual.
F. Discuss Creating Annua] Printed Newsletter. Commissioner Black asked if it would need to be a
printed piece because her city is moving to electronic newsletters and would prefer electronic
communications. Commissioner Welch added that there is a statutory requirement that the
Commission issue a broad public summary. He said that although the Commission's annual
report could technically meet that requirement, the Executive Summary from the upcoming
annual report could be adapted, even e]ectronically, and could be posted on or linked to from
member-cities Web sites to provide an entry point for people who want to know about the
Commission.
Commissioner E]der said he could see a two-sided page that member-cities could duplicate at their
own cost and could be inserted into the city water bills. He said it does increase the postage but it
educates the citizens on what the Commission is doing. Commissioner Harper-Lore added that she
agreed with Commissioner Elder's idea and that to see to it that every taxpayer receives a copy
would increase support of the Commission's work. Commissioner Black supported the idea of
having a pdf document available to member-cities to use. Commissioner Welch suggested that the
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BCWMC April 15, 2010 Meeting Minutes
Commission direct Ms. Chandler and Ms. Herbert to finish the BCWMC's 2009 annual report
and then submit the Executive Summary to the Education and Public Outreach Committee for
review and suggestions on adapting it as a stand-alone piece. Mr. Nash volunteered to participate
with the Education and Public Outreach Committee in its review of the piece.
G. Authorize Recording Secretary to Sign Documents in Secretary's Absence. Chair Loomis
explained that this recommendation came up because there are times when documents need to be
signed when the Commission's Secretary is absent. Mr. LeFevere explained that the Commission
Bylaws allow the Commission to authorize the Secretary to delegate the duties of the secretary to
the recording secretary. Commissioner WeIch moved that the Commission authorize the
Commission Secretary to be able to delegate the duties of the Secretary onto the Recording
Secretary when the Secretary anticipates missing a Commission meeting. Commissioner Sicora
seconded the motion. The motion carried unanimously [City of St. Louis Park absent from the
vote].
H. Discuss Setting Policy Regarding Interim Authority for Delegation of Work to Consultants
between BCWMC meetings. Commissioner WeIch recommended that the Administrative Services
Committee discuss the draft policy that was created by Mr. LeFevere and that was included in the
meeting packet. Commissioner WeIch said it doesn't seem that the issue comes up frequently and
said that staff have been directed on these issues. He said that it seems the Commission can defer
this issue for now until the Committee can review the draft and consider making the delegation
specific to the various staff who do things on behalf of the Commission.
5. New Business
A. Statistically Relevant Representation of Sampling Data for Biota. Chair Loomis said that
Acting Commissioner Hoshal had some questions for the Commission Engineer regarding
sampling methods and data and that his questions were included in a memo in the meeting packet.
Ms. Chandler said that if the Commission is interested in a follow up to Acting Commissioner
Hoshal's questions, then Barr Engineering's aquatic biologist could develop a response memo.
Chair Loomis said that the Commission may want to hold off until the MPCA clarifies how it is
going to be addressing biota standards. She said the current standards for biota don't address
intermittent streams.
Chair Loomis said it has been an ongoing problem to try to figure out who is doing monitoring
and what is being monitored and it is hard to find out unless the information is going into
STORET. Commissioner Black commented that most of her concern is with trying to understand
what the cities, the watersheds, and the MPCA are doing because they are the primary entities the
Commission relies on to base its decisions. Commissioner Black recommended that the BCWMC
make available electronic copies of the annual water quality monitoring memos prepared for the
Commission by the Commission Engineer.
Commissioner WeIch remarked that Acting Commissioner Hoshal raises good questions but that
Commissioner WeIch would want more input from staff before deciding to do independent
analysis of the issues. Commissioner Black recommended that looking at the parameters for the
monitoring could be part of the Commission's Watershed Management Plan update as opposed to
looking at those issues now.
B. Fireworks' Contribution of Phosphorus to Sweeney Lake. Chair Loomis brought the
Commission's attention to a letter from a concerned Golden Valley resident regarding the possible
phosphorus contribution by fireworks shot off over Sweeney Lake. Commissioner Black moved
for the Commission to receive and file the letter, for staff to forward the letter to the MPCA with a
request that the MPCA respond with any information or concerns it has on the issue, and for staff
4
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BCWMC April 15, 2010 Meeting Minutes
to respond to the resident thanking the citizen and letting him know that the Commission has
forwarded his letter to the MPCA. Commissioner Elder seconded the motion. The motion carried
[City of St. Louis Park absent from the vote]. Mr. Nash volunteered to draft the response letter to
the resident with assistance from Ms. Chandler as necessary.
C. Request to Evaluate the Sweeney Lake Outlet with Regard to Normal Water Levels. Ms. Chandler
explained that the City of Golden Valley had raised a concern to the Commission that a rock weir
structure located downstream of the outlet is backing up the water higher than the outlet
elevation. Mr. Oliver added that a neighborhood lake association installed the structure. Chair
Loomis added that the City of Golden Valley has noticed that the structure has contributed to
higher water levels in Sweeney Lake and allows water to back up into Twin Lake. Mr. Oliver said
the intent of the City's letter to the Commission was to request that the Commission Engineer
inspect the structure and provide feedback as to whether the structure is appropriate or whether it
needs correction and also what, if any, ramifications there would be to taking action or no action.
Ms. Chandler said there is a model in place to look at the impact on the flood level and that
analysis would cost less than $1,000. She said if the Commission also would want to examine the
impact on phosphorus concentrations then the analysis would be more extensive and the cost
would be higher. Ms. Chandler pointed out that since the structure does affect the normal water
level of the lake someone needs to get a permit for the structure that was put in and she
recommends that the Commission first look into that issue.
Commissioner Welch moved that the Commission direct the Commission Engineer to look into the
legal status of the weir in question and to draft a brief memo to the Commission recommending
action. Commissioner Black seconded the motion. The motion carried unanimously [City of St.
Louis Park absent from the vote].
6. Old Business
A. Contract with Geoffrey Nash for Administrative Coordinator. Commissioner Black moved
to approve the contract. Commissioner Harper-Lore seconded the motion. The motion carried
unanimously [City of St. Louis Park absent from the vote]. The Commission decided that the title
for the contract position would be BCWMC Administrator. Mr. Nash provided an
Administrator's Report, which included a report on the April 6th BCWMC TAC meeting that he
attended, his recommendation of his charges to the BCWMC for his cell phone service at $50 per
month and copy charges of $0.15 per page for black and white copies and $0.55 per page for color
copies, his discussion with the Administrative Services Committee about the Commission's
priorities for his work, and his recommendation that he attend on behalf of the BCWMC the
monthly MA WD meetings and also meetings in Hennepin County regarding an effort to establish
countywide groundwater protection. The Commission decided that his attendance at the MA WD
meetings were not a priority at this time but that he could attend next week's meeting between
Hennepin County, Minnehaha Creek, Nine Mile Creek, and the Lower Minnesota River
Watershed regarding the groundwater protection and then he could provide a report back to the
Commission.
B. CAMP 2010 - Golden Valley Residents volunteering to sample Twin Lake. Commissioner Black
moved to add Twin Lake to the 2010 CAMP program with the participation cost for this lake
coming out of either water quality monitoring or surveys and studies. Commissioner Elder
seconded the motion. The motion carried unanimously [City of St. Louis Park absent from vote].
C. TAC Recommendations.
i. July meeting. Mr. Oliver reported that the TAC rescheduled its July 1st meeting to
instead be held on Wednesday, June 30th.
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BCWMC April 15, 2010 Meeting Minutes
5
[Commissioner Elder departs. Alternate Commissioner Sarvi steps in as Acting Commissioner for New
Hope]
ii. Sweeney Lake TMDL - Proposed Load Reduction. Mr. Oliver explained that the
TAC recommended that the Commission revise the Sweeney Lake TMDL to include the
following revisions:
i. Justification for keeping the Sweeney Lake external phosphorus load reduction at
99 pounds.
ii. Discussion of the need for a flexible adaptive management approach in the
implementation of the TMDL, which recognizes the BMPs are being constructed
and implemented and will take time to become effective and that others are being
considered for implementation.
iii. Information regarding the past efforts of the cities and the Commission to
implement BMPs and improve water quality in the watershed.
iv. Dividing the implementation part of the report into three sections, including: the
recommended actions that are ongoing, those BMPs that are under consideration,
and possible chemical treatments of Sweeney Branch for controlling internal loads.
Commissioner Welch stated that the Commission hasn't looked at the Sweeney Lake
TMDL and its revisions for a while. He recommended that the Commission approve the
changes recommended by the TAC and then the revised version should come back to the
Commission to finalize it. Commissioner Welch remarked that his comments on the
TMDL have not been addressed and he will resend them to Ron Leaf. Alternate
Commissioner Hanson added that he had not gotten a response to his comments.
Chair Loomis directed Administrator Nash to send the TAC's recommended changes to
Ron Leaf and to request that Mr. Leaf incorporate the changes into the Sweeney Lake
TMDL. She directed Commissioner Welch and any others that had comments on the
TMDL to resubmit them to Ron Leaf so he could address those comments in a memo to
the Commission and discuss how those changes could be incorporated into the TMDL. She
directed staff to communicate to Ron Leaf to submit the revised TMDL and the memo to
the Commission for its review in Mayor June - the sooner, the better. Chair Loomis
directed Administrator Nash to communicate to Brooke Asleson of the MPCA the status of
the Commission's work on the TMDL and the actions the Commission is taking.
Commissioner WeIch stated that the implementation part of the report includes a table
that breaks down reductions by MS4. He said it doesn't make sense to him to include such
a table since the Commission decided to approach the TMDL categorically. Commissioner
Black suggested that issue be raised by the Commission when it submits it comments to the
MPCA.
iii. Medicine Lake TMDL. Mr. Oliver reported that the TAC did not have time to discuss the
TMDL in full and decided to continue the discussion at the next TAC meeting. Chair
Loomis added that the TAC recommended that the Commission request an extension from
the MPCA of the comment period on the Medicine Lake TMDL. Chair Loomis directed
Administrator Nash to send a request to the MPCA for an extension of the comment
period. Commissioner Welch remarked that the Commission's Engineer is charged with
providing feedback and assistance to the Commission and its Technical Advisory
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BCWMC April 15, 2010 Meeting Minutes
Committee but that lines get blurred when the Commission Engineer provides comments
to the MS4s or advises the MS4s. He noted that in the memo about the TMDL from Barr
Engineering to the BCWMC TAC contained comments in blue that were comments to the
Commission and comments in red that were comments to the MS4s. He said he thinks that
each MS4 should have its own review of the TMDL. Commissioner WeIch said he does not
want the Commission to give the impression that it is advising the MS4s because they
should be advised by their own technical people.
Commissioner WeIch said that on page 5 of the memo from Barr Engineering, the last full
paragraph states that the implementation plan should indicate who will be responsible for
implementing each of the proposed alternatives. He said he does not think the Commission
should make that comment because the Commission is approaching the implementation
plan categorically and the Commission wants to be able to approach the implementation
plan by working with its partners to find the most cost effective ways. He said he would
like the TAC's thoughts on that issue the next time the TAC discusses the Medicine Lake
TMDL. Commissioner Black suggested that the Commission ask Brooke Asleson of the
MPCA whether the breakdown of implementation responsibilities has been included in
order to address an MPCA or EP A recommendation. Commissioner Black said that
Administrator Nash can clarify that point with Ms. Asleson.
Commissioner WeIch said he doesn't think the Commission needs to ask the MPCA to
clarify about the convener because the Commission wants to figure it out themselves
instead of having the MPCA direct it.
D. Maintenance of BCWMC-funded Projects (Continued from March). The Commission
decided that the BCWMC CIP Review Work Group could take up this discussion as part of its
process.
E. TMDL Updates - Wirth Lake. Ms. Chandler reported that the revised TMDL would be sent in
this week to Ms. Asleson and that a stakeholder meeting would be scheduled for late May. Chair
Loomis commented that there is a Wirth Beach Citizens Advisory Committee Group and at its last
meeting Tim Brown of the Minneapolis Parks and Recreation Board (MPRB) reported that the
MPRB now has land available for the Wirth Pond that was supposed to be constructed to handle
runoff from Highway 55.
F. Update on 2010 Clean Water Fund Grant. Ms. Chandler said she and Mr. Kremer had a
meeting with BWSR staff to talk about the grants and the projects and to get some preliminary
advice about the work plan, which is due May 14th. She said Barr Engineering will be preparing
the work plan and will be coordinating with Hennepin County.
G. Education Committee.
i. Commissioner Langsdorf reported on the requests the Committee has for tasks it would
like the Administrator to handle for the Committee.
ii. Commissioner Langsdorf reported that the West Metro Watershed Alliance's plan is
moving toward completion. She said the Committee anticipates presenting the plan to the
Commission at its May meeting for the Commission's review and approval.
iii. Commissioner Langsdorf announced that the next Education Committee meeting will be
on May 3rd at 9:00 a.m. at Plymouth City Hall and that the next West Metro Watershed
Alliance meeting will be on May 11th at 8:30 a.m. in Plymouth City Hall.
iv. Alternate Commissioner Thornton reported on the Committee's experience at the Yard
and Garden Expo.
v. Alternate Commissioner Thornton announced that the Committee would represent the
7
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BCWMC April 15, 2010 Meeting Minutes
Commission at Westwood Hills Nature Center's Earth Day celebration on April 24th. She
invited Commissioners and TAC members to schedule the BCWMC display for their
events.
vi. Alternate Commissioner Stockhaus announced that he was contacted regarding having a
BCWMC display at the City of Crystal's celebration of its 50th anniversary of its charter
on June 26th.
H. Update on Cultural Resource Review Protocol. Ms. Chandler reported that the Commission
Engineer is waiting for official comments from the U.S. Army Corps of Engineers but that the
Corps informally made some minor changes and has sent it out for review and comments. She said
she has more information on where the Commission is with regard to the cultural resource review
process but in order to keep this meeting moving along perhaps she could send the information to
anyone interested. Commissioners Black and WeIch and Chair Loomis were interested in receiving
the information. Commissioner WeIch requested that Ms. Chandler also e-mail him the latest
version of the protocols.
[Commissioner Langsdorf departs].
I. Discuss Request by MPCA for Contract Extension with BCWMC for Sweeney Lake
TMDL. Commissioner WeIch moved to approve the contract extension to February 2011.
Commissioner Black seconded the motion. The motion carried unanimously [Cities of Crystal and
St. Louis Park absent from the vote].
[Alternate Commissioner Stockhaus steps in as Acting Commissioner for Crystal].
J. Update on Minor Plan Amendment Request to BWSR. Ms. Chandler reported that when she
and Mr. Kremer met with BWSR staff to talk about the 2010 Clean Water Fund Grant they also
talked about the BCWMC's minor plan amendment request. She said that BWSR stated that the
amendment would need to be a major plan amendment instead of a minor plan amendment since
the two proposed projects are not in the Commission's Plan and because of the projects' high
costs. Ms. Chandler said the Commission will need to go through the major plan amendment
process but there is a recent law change that will remove the second of what used to be three
reviews, meaning the 45-day review will be removed, if the first review were to end after August 1,
2010.
Ms. Chandler said the Commission would need to supply BWSR with a revised CIP table with its
major plan amendment request. She said the request would need to go to a wider pool of reviewers
than would a minor plan amendment, including to BWSR, the member cities, the County, the
DNR, the MPCA, the MN Department of Health, the MN Department of Agriculture, and the
Metropolitan Council. Ms. Chandler said the BCWMC would need to hold a public hearing,
which could be held at the same time as it holds the public hearings to order the projects. She said
the approval may not come until September, which runs up against the timetable the Commission
is on regarding submitting its tax levy request to Hennepin County. Mr. LeFevere said all the
Commission can do at this point is direct staff to get the process going and to try to get the process
worked out with BWSR so the Commission can reserve the right to certify for the projects this
year for collection next year. He said the worst that would happen is that the Commission
wouldn't be able to certify the levy request for 2011 for collection in 2012.
Commissioner Black moved to approve that the Commission proceed with the major plan
amendment. Acting Commissioner Hoshal seconded the motion. Commissioner WeIch volunteered
to call Brad Wozney of BWSR just to clarify BWSR's reasoning for this amendment being a
major plan amendment instead of a minor plan amendment. Chair Loomis requested amending
the motion to direct staff to proceed with the major plan amendment and to authorize
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BCWMC April 15, 2010 Meeting Minutes
Commissioner WeIch to call Brad Womey. Commissioner Black and Acting Commissioner Hoshal
approved the friendly amendment. The motion carried unanimously [City of St. Louis Park
absent from vote].
7. Communications
A. Chair:
i. Chair Loomis reported that the Fresh Water Society is having a meeting on April 27lh at 7:00
p.m. in the St. Paul Student Center and that RSVPs are required.
ii. Chair Loomis reported that she received a call from Janet Moore, who sits on the board of
Shingle Creek, who said Crystal approved a dog park in the floodplain. Acting Commissioner
Stockhaus commented that the park actuaJly is not in the floodplain.
iii. Chair Loomis stated that she would direct Ms. Herbert to add the new item, "Communications
from the Administrator," to the BCWMC agenda.
B. Commissioners:
i. Acting Commissioner Hoshal reported that the City of Medicine Lake is working on its
Surface Water Management Plan.
ii. Acting Commissioner Hoshal reported that the City of Medicine Lake would like a copy of the
watershed map that would be suitable for framing.
iii. Acting Commissioner Hoshal reported that the City of Medicine Lake has asked him to draft
for the City's review a letter requesting a hydraulic and hydrologic evaluation of the dam at
the headwaters of Bassett Creek [the Medicine Lake outlet]. Acting Commissioner Hoshal
reported that the BCWMC will be receiving a formal request through a letter from the City of
Medicine Lake.
iv. Acting Commissioner Hoshal reported that David and Josie Nelson are the CAMP volunteers
for 2010 for a small bay of Medicine Lake.
C. Committees:
i. Acting Commissioner Thornton announced that one of the Committee members has been
attending BWSR workshops and the Committee will do a summary of the workshops in the
late summer or fall.
D. Counsel: No communications
E. Engineer:
i. Ms. Chandler reported that she spoke with the Met Council and it is planning to do catch up
work on the data from the WOMP stations. She said that starting this year the BCWMC will
receive a summary of the annual data.
9
#249600 vI
BCWMC April 15, 2010 Meeting Minutes
9. Adjournment
Chair Loomis adjourned the meeting at 2:10 p.m.
Linda Loomis, Chair
Date
Pauline Langsdorf, Secretary
Date
Amy Herbert, Recorder
Date
#249600 vI
BCWMC April 15, 2010 Meeting Minutes
10
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Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1,2010
Agenda Item
3. E. 1.2010 Pavement Marking and Striping Program
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
Bids for the 2010 Pavement Markings and Striping Project 10-5, were opened on May 24,
2010. The following three bids were received:
Engineer's Estimate
$23,666.00
$64,340.00
$66,795.00
$41,585.00
Highway Technologies, Inc.
Century Fence Co.
AAA Striping Service Co.
Funding for this program is in the Streets Maintenance Division (2010-11 Operating Budget,
Program 1140-6440, page 53) in the amount of $40,000; and Municipal State Aid (MSA)
Maintenance Funds (2010-2014 Capital Improvement Program, S-017, page 79) in the
amount of $100,000.
Recommended Action
Motion to award a contract for the 2010 Pavement Marking and Striping Project No.1 0-5 to
Highway Technologies, Inc. for $23,666.
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City Administration/Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1,2010
Agenda Item
3. F. Approval of Requests for Beer and/or Wine at Brookview Park
Prepared By
Judy Nally, Administrative Assistant
Summary
As per City Code Section 10.83, Subd. 2 I. "No person shall possess, display, consume or
use alcoholic beverages on any City park property, unless permission is granted by the
Council." As part of the application process for a Facilities Use Permit to use the large and
small picnic shelters at Brookview Park the applicant has the option to pay an additional $20
to be able to serve beer and/or wine. Attached is a list of the individuals and/or organizations
who have requested that option.
Attachment
Beer and/or Wine Request List ( 1 page)
Recommended Action
Motion to approve the requests for beer and/or wine at Brookview Park as recommended by
staff.
BEER AND/OR WINE REQUEST LIST
NUMBER CC
IN DATE
INDIVIDUAL OR ORGANIZATION DATE TIME GROUP SHELTER BEER OR WINE APPROVED
Karen Shannon 06-06 5 pm - dusk 100 large beer & wine 06-01-10
Good Sheperd 06-09 11 am - 4 pm 50 small beer & wine 06-01-10
Mark Werpmaker 06-11 5 pm - dusk 60 large beer & wine 06-01-1 0
Alvenda 06-17 11 am - dusk 40 small beer & wine 06-01-1 0
Bethany Gross 06-19 5 pm - dusk 100 small beer & wine 06-01-1 0
Allianz 07-01 11 am - 4 pm 25 small beer & wine 06-01-10
Messerli & Kramer 07-14 11 am - dusk 200 large beer & wine 06-01-1 0
Allianz 07 -20 11 am - 4 pm 50 small beer & wine 06-01-10
Optum Health 07 -22 11 am - 4 pm 100 large beer & wine 06-01-1 0
Mellissa Solin 08-07 5 pm - dusk 100 large beer & wine 06-01-10
Questar 08-13 5 pm - dusk 50 large beer & wine 06-01-1 0
Amy Douglas 08-14 5 pm - dusk 60 large beer & wine 06-01-1 0
Marlene Witucki 08-21 5 pm - dusk 30 small beer & wine 06-01-1 0
Sue Broin 09-05 11 am - 4 pm 40 large beer & wine 06-01-1 0
Network Instruments 09-25 11 am - 4 pm 75 large beer & wine 06-01-1 0
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Park and Recreation
763-512-2342/763-512-2344 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. G. Acceptance of Donation - Golden Valley Federated Women's Club for Concerts in the
Park Series
Prepared By
Rick Jacobson, Director of Parks and Recreation
Summary
As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by
the City Council by resolution and be approved by a two-thirds majority of the Council. A cash
donation must be acknowledged and accepted by motion with a simple majority. The Golden
Valley Federated Women's Club has donated $800 for the Concerts in the Park Series.
Attachments
Resolution Accepting Donation from Golden Valley Federated Women's Club for Concerts in
the Park Series (1 page)
Recommended Action
Motion to adopt Resolution Accepting Donation from Golden Valley Federated Women's Club
for Concerts in the Park Series.
Resolution 10-32
June 1, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION FROM
GOLDEN VALLEY FEDERATED WOMEN'S CLUB
FOR CONCERTS IN THE PARK SERIES
WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which
established a policy for the receipt of gifts; and
WHEREAS, the Resolution states that a gift of real or personal property must be
accepted by the City Council by resolution and be approved by a two-thirds majority of the
Council. A cash donation must be acknowledged and accepted by motion with a simple
majority.
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following
donations:
$800 from Golden Valley Federated Women's Club for Concert in the Park Series
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.
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City Administration/Council
763-593-8003/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. H. Authorization to Sign Service Agreement with Home Free
Prepared By
Thomas Burt, City Manager
Summary
The City has a long history of using the services of Home Free. This service has in the past
been paid for with pull-tab receipts that the Human Services Foundation distributes to a
number of non-profit agencies that serve Golden Valley. Beginning in 2008 payment for this
agreement was moved to the General Fund.
Attachments
Services Agreement with Missions Inc.lHome Free (4 pages)
Recommended Action
Motion to authorize the City Manager to sign the service agreement with Missions Inc.lHome
Free.
CITY OF GOLDEN VALLEY
SERVICES AGREEMENT
This Agreement ("Agreement") is made on day of 2010, by and between
the CITY OF GOLDEN VALLEY ("City"), whose business address is 7800 Golden
Valley Road, Golden Valley, Minnesota 55427, and MISSIONS INC.lHOME FREE
("Provider"), a Minnesota corporation whose address is, 3409 East Medicine Lake
Boulevard; Plymouth, Minnesota 55441.
The Provider is a non-profit organization that has served the City's families since
1984. The Provider's programs and services are unique and are not available through
any other local organization. The Home Free Domestic Assault Intervention Project
facilities a coordinated response to domestic assault among law enforcement, criminal
justice and social service agencies. The Project aims to ensure that Golden Valley
residents receive ongoing support, information and advocacy for domestic-violence
issues.
The City wishes to contract with the Provider to provide community services in
the City. The parties wish to set forth in writing the terms and conditions of their
agreement.
The City and Provider agree as follows:
1. SCOPE OF SERVICES
The Provider shall provide the services as outlined in the attached Exhibit A and
made part hereof.
2. PAYMENT
The City agrees to pay the Provider $15,000 to assist the Provider in providing
the services outlined on the attached Exhibit A.
3. TERM AND TERMINATION
The term of this Agreement shall be from January 1, 2010, through December
31,2010. This Agreement may be terminated at anytime by either party upon sixty (60)
days advance written notice. The City may terminate this Agreement immediately
without notice should Provider (i) fail to provide the Services in accordance with this
Agreement; or (ii) violate any ordinance or regulation of the City of Golden Valley or any
state law or regulation. Extensions of this Agreement may be made by the written
agreement of both parties. The City and Provider shall meet annually each November to
discuss this Agreement and evaluate the Services provided hereunder.
4. NON-ASSIGNMENT
Provider may not assign, subcontract, transfer, or pledge this Agreement and/or
the services to be performed l,mder it, whether in whole or in part, without the prior
consent of the City.
5. DISCRIMINATION
The Provider agrees not to discriminate in providing services under this
Agreement on the basis of race, sex, creed, national origin, age or religion.
6. INDEMNITY
The Provider agrees to hold harmless, indemnify and defend the City, their
elected officials, officers, agents, and employees against any and all claims, losses, or
damages, including attorneys' fees, arising from, allegedly arising from, or related to,
the provision of services under this agreement by the Provider, its employees, agents,
officers, or volunteer workers.
7. INDEPENDENT CONTRACTOR
Nothing in this agreement is intended, nor may be construed, to create the
relationship of partners or employer/employee between the parties. The Provider, its
officers, agents, employees, and volunteers are, and will remain for all purposes and
services under this agreement, independent contractors.
8. WAIVER
Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
9. AUTHORIZED AGENTS
The City's authorized agent for the purpose of administration of this Agreement
is:
Thomas D. Burt, City Manager
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
763-593-8003
The Contractor's authorized Agent is:
Patricia Murphy, Executive Director
Missions Inc./Home Free
3405 East Medicine Lake Boulevard
Plymouth, Minnesota 55441
763-559-1883
10. NOTICES
Any notices given under this Agreement will be served upon the other party's
authorized agent either personally or by mail at the addresses stated herein.
11. ENTIRE AGREEMENT
The Agreement contains the entire agreement of the parties with respect to
the subject matter herein and supersedes all oral agreements and negotiations
between the parties, as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof. Any alterations, amendments,
deletions, or waivers of the provisions of this Agreement shall be valid only when
expressed in writing and duly signed by the parties, unless otherwise provided
herein.
Executed as of the day and year first above written,
CITY OF GOLDEN VALLEY (the "City")
MISSIONS INC./HOME FREE ("Provider")
Thomas D. Burt, City Manager
Patricia Murphy, Executive Director
EXHIBIT A
Services provided by the Provider (the "Services")
A. Through the Domestic Assault Intervention Project, the Provider will facilitate
collaboration among law enforcement, criminal justice and social service
agencies - most frequently but not limited to Chestnut and Cambronne and the
Golden Valley Police Department. This facilitation should involve regular contact
between the domestic abuse advocate and the victim in order to not only advise
the victim of the victim's rights throughout the process, but also to ensure that the
prosecutor has continuing contact with the victim and cooperation from the
victim, in order to be successful in the prosecution of a domestic abuse case.
S. The Provider will provide information and referrals, legal advocacy, systems
advocacy and other support services to victims of domestic violence. The
domestic abuse advocate will assist in coordinating the actual trial, and if
necessary pre-trial, appearances of the victim in court, and provide aid and
comfort to the victim in the courtroom. When applicable and possible, the
domestic abuse advocate will assist in discovering or producing additional victim
witness information or evidence to assist in the prosecution process.
C. The Provider will provide battered women and their children with safety,
advocacy, support and information to help them explore alternatives to living with
a violent partner.
D. The provider will help eliminate the roots of violence by respecting human
diversity, by assisting women in taking control of their lives, and by developing
effective community responses to the needs of battered women and their
children.
E. The provider will provide guaranteed shelter space to residents of the City.
F. The Provider will assist women in obtaining legal remedies, housing, financial
resources and medical care.
G. The provider will provide transportation for women to appointments as needed.
H. The Provider will offer education/support groups and social and recreational
opportunities.
I. The Provider will facilitate placement of children in local schools, work with
children individually and in groups to assist them in developing age-appropriate
knowledge and skills related to domestic violence issues.
J. The Provider will provide childcare to children when their mothers attend
meetings or appointments.
K. The Provider will arrange for its staff or volunteers to speak about domestic
violence issues and distribute information at community events, schools and at
placed of work and worship. Through such community education, the Provider
seeks to increase awareness, knowledge and understanding of domestic
violence.
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City Administration/Council
763-593-8003 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. I. Application for Attorney General Opinion Regarding County 911 Dispatch Services
Prepared By
Thomas D. Burt, City Manager
Summary
The City Attorney has prepared the attached application to the Attorney General's office
requesting an opinion on certain sections of State Statute concerning the requirements and
obligations of the Sheriff to supply and maintain a 911 emergency telecommunication system.
Our ultimate question is: Does Hennepin County have an obligation to provide the service for
which our residents are currently taxed but from which they do not receive any benefits.
Attachments
Letter to Lori Swanson, Attorney General (4 pages)
Recommended Action
Motion to approve the City Attorney's draft letter to the Minnesota Attorney General
requesting an opinion regarding the applicability of Minnesota Statutes Section 403.01, et
seq. requiring counties to operate and maintain 911 emergency telecommunications systems
to benefit county residents and direct staff to complete and send the request.
Directdial: 612-341-9715
Email: abarnard@bestlaw.com
May 27,2010
Ms. Lori Swanson
State of Minnesota
Office of the Attorney General
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101
Re: Application for Attorney General Opinion
Dear Ms. Swanson:
As the City Attorney for the City of Golden Valley, I am making an application to
you for an opinion of the Attorney General, pursuant to Minnesota Statutes, section 8.07.
The subject of the requested opinion concerns the applicability of Minn. Stat., section
403.01, et seq. which requires counties to operate and maintain 911 emergency
telecommunications systems.
FACTS
Minn. Stat., section 403.25, subdivision 1, requires counties to operate and
maintain a 911 emergency telecommunications system. Historically, some communities
located in Hennepin County (the "County") opted out of the County's system due to
concerns regarding service and response times, preferring to use a dispatch center that
focused exclusively on their particular community. At times, for any of a number of
reasons, but typically due to cost savings measures, cities would shut down their dispatch
centers or cancel cooperative agreements with nearby cities and ask to be added into the
Hennepin County system. Historically, the administrator of the system would allow the
communities to join without any additional up-front or on-going payment because all
citizens of Hennepin County are already subject to fees and taxes which are used to
support the Hennepin County 911 emergency telecommunications system. 1
On August 3, 2004, the Hennepin County Board unilaterally decreed that it was closing
participation in the Hennepin County Sheriff s 911 telecommunications system for at least
the next eight years.2 The resolution states that any community wanting to join its 911
emergency telecommunications system needed to commit to use the system by November
30, 2004, or the community would only be able to join the system by paying a fee.
Furthermore, the ban on participation without a fee was to be continued for eight years,
until November 30, 2012. The Hennepin County Board did not cite to any authority when
it passed this moratorium and announced the additional imposition of costs, and nothing in
1 See Hennepin County Board Resolution 04-08-390 (2004).
2 Id.
May 27,2010
Page 2
the statutes discusses these limitations on the County's statutory obligation to provide the
911 emergency telecommunications system. Statements in the resolution regarding the
decision not to charge new users opting into the system before the deadline as being, "the
fairest", in fact support the argument that it would be inequitable for the County to charge
new users that request service from the County (and who have been subsidizing the system
through taxes for years) after the arbitrary November 30, 2004 deadline.
The City of Golden Valley currently pays $300,000 annually to St. Louis Park for
911 and non-emergency dispatch services through the St. Louis Park Public Service
Answering Point ("PSAP"). This annual $300,000 is in addition to fees and taxes already
collected from Golden V alley residents which support both the Hennepin County and St.
Louis Park PSAPs.3 Due to budget constraints Golden Valley is interested in eliminating
the $300,000 dispatch line item from its budget and obtaining 911 emergency dispatch
services from Hennepin County, a service which its residents already support with their
taxes but do not use. In 2009, of fees and taxes from Golden Valley residents
helped subsidize the Hennepin County Sheriff s PSAP, even though Golden Valley is not
directly serviced by this PSAP.
On May 11,2010 Hennepin County effectively expanded its moratorium by voting
to deny Golden Valley's request to be added to the Hennepin County 911 emergency
telecommunications system, despite Golden Valley's agreement to pay a one-time fee to
defray any start-up cost even though no such costs were anticipated.4 This is in violation
of the County's unqualified obligation to provide service as set forth in Minn. Stat., section
403.05, subdivision 1, and outside of the authority given to the County by the legislature.
Therefore, the purpose of this letter is to seek an opinion from the Attorney General
concerning the following question:
QUESTION
Is Hennepin County obligated to operate and maintain a 911 emergency
telecommunications system under Minn. Stat., section 403.05, subdivision 1, which
Golden Valley can use?
DISCUSSION
Hennepin County has an obligation to provide 911 emergency dispatch services to all
municipalities in its jurisdictional boundaries.
Hennepin County is obligated to operate and maintain a 911 emergency
telecommunications system. Under Minn. Stat., section 403.025, subdivision 1 (2009),
"Each county shall operate and maintain a 911 emergency telecommunication system."
The "911 emergency telecommunication system" is not defined in the statute. "To
operate" means to control the functioning of and "to maintain" means to provide for the
3Id.
4 See Resolution No. 10-0181, presented at the May 11,2010 Hennepin County Board of Commissioners
meeting.
May 27,2010
Page 3
up-keep or care of (in this case) a 911 emergency telecommunication system. 5 Service
available through the 911 emergency telecommunication system shall include "police, fire
fighting and emergency medical and ambulance services.,,6 County governments can
exercise only such powers as are expressly granted to them by the Legislature; and such as
may be fairly implied as necessary to the exercise of the express powers.7 Based on the
statutes cited above, Hennepin County is expressly obligated to operate and maintain a 911
emergency telecommunications system through which emergency service shall be made
available throughout its jurisdictional borders, including without limitation Golden Valley.
Nothing in the statute relieves Hennepin County of its statutory obligation to maintain and
operate a 911 emergency telecommunications system, even if, for a while, Golden Valley
fails to avail itself of the system. Furthermore, the statute does not provide the County
authority to terminate or suspend its 911 emergency telecommunications system, therefore,
the County appears to have acted outside its express statutory authority in establishing an
eight year moratorium to access the system without additional payment, and by further
extending the moratorium in 2010 by denying Golden Valley's request to use the system,
despite its agreement to pay an entry fee.
Whether the effective exercise of the County's obligation to provide the 911
emergency telecommunications system necessitates the implied authority to require some
limitations as to notice needed before being able to transfer into the County's system may
be an open question; however the regulations provide capacity standards which should be a
reasonable benchmark for whether additional service can be offered. If the County cannot
provide service to the requesting city without harming public safety as measured by the
minimum capacity standards, in the regulations, then the county may be within its implied
authority to deny a request for service. However, there is no question of fact as to that
point, the Hennepin County Sheriff s Office has stated that, "no additional FTEs,
equipment, or facility modifications would be required to provide dispatch services to the
City of Golden Valley."g And, arguments that the County could not service all independent
PSAPs, even those, like Richfield, which have not actually requested service are spurious.
Any implied authority to limit access to the County's system is limited by its express
authority to provide the service, and the public interest of providing capable emergency
service without unnecessary duplication and expense.
To deny Golden Valley service contravenes the County's obligation in Minn. Stat.,
section 403.25, subdivision 1. The moratorium put in place in 2004 is contrary to the
public policy on which the 911 Emergency & Public Safety Statute is based and ignores
the County's obligations. Hennepin County does not have authority to place an eight-year
moratorium on access to the Hennepin County 911 emergency telecommunications system
or to deny Golden Valley's request for access to the system when the system has capacity
to service Golden Valley's 911 dispatch needs.
5 Oxford Dictionary of Current English 626 (3rd ed. 2001); Black's Law Dictionary 965 (7th ed. 1999).
6 Minn. Stat., section 403.03.
7 Cleveland, et al v. Rice County, et aI, 238 Minn. 180,181,56 N.W.2d 641,642 (Minn. 1952).
8 Hennepin County Board Resolution No. 10-0181, May 11,2010.
May 27,2010
Page 4
We believe Hennepin County is expressly obligated to operate and maintain a 911
emergency telecommunications system which provides services to all willing participants
in its jurisdictional boundaries and that Hennepin County acted outside of its legislative
authority by instituting an eight-year moratorium on participation in its system and
denying Golden Valley's request to use the Hennepin County Sheriffs PSAP.
Very truly yours,
Allen D. Barnard
000090/480568/1190968_2
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Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
3. J. Second Consideration - Ordinance #440 - Interim Ordinance Imposing a Twelve Month
Moratorium - Portion of Douglas Drive Corridor - Block 1 and 2, Expressway International
Park and Approve Summary Publication
Prepared By
Joe Hogeboom, City Planner
Summary
In an effort analyze the goals and objectives of the Douglas Drive Corridor Study, as well as
to evaluate proper zoning and land use controls, staff has proposed enacting a moratorium
on properties bounded by Douglas Drive to the west, TH 55 to the south, the Canadian
Pacific Railroad to the east, and the Union Pacific railroad to the north. The proposed
moratorium would apply to all properties located within the Expressway International Park
subdivision and be in effect for one year. The proposed ordinance is currently before the
Council for second consideration.
Attachments
Ordinance #440, Interim Ordinance Imposing a Twelve Month Moratorium on Certain
Development in Expressway International Park in the Douglas Drive Corridor, Golden Valley,
Minnesota (5 pages)
Summary of Ordinance #440, Interim Ordinance Imposing a Twelve Month Moratorium on
Certain Development in Expressway International Park in the Douglas Drive Corridor, Golden
Valley, Minnesota (3 pages)
Recommended Action
Motion to adopt on Second Consideration, Ordinance #440, Interim Ordinance Imposing a
Twelve Month Moratorium on Certain Development in Expressway International Park in the
Douglas Drive Corridor, Golden Valley, Minnesota.
Motion to approve publication of the Summary Ordinance.
ORDINANCE NO. 440, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in
Expressway International Park in the Douglas Drive Corridor, Golden Valley, Minnesota
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. Preamble.
1.01. The staff for the City of Golden Valley, and the City's Housing and Redevelopment
Authority, Planning Commission and Golden Valley City Council, have had ongoing
discussions regarding the development of the Douglas Drive Corridor which area is
depicted in "Exhibit A" attached.
1.02. The City Council has adopted a preliminary study relating to the Douglas Drive
Corridor. The preliminary study was published in draft form on November 9, 2009, adopted
by the City Council and is pending approval by the Metropolitan Council to be incorporated
into Golden Valley's Comprehensive Plan (the "Preliminary Study").
1.03. The City Council finds it necessary to further study the existing conditions of the
Douglas Drive Corridor including without limitation the Douglas Drive and Highway 55
intersection, and immediately adjacent areas to the northeast, to determine the impact of
comprehensive zoning changes to the development of the City within the Douglas Drive
Corridor (the "Study").
1.04. The City Council finds the Study necessary to: (i) develop and adopt policies to
reinforce employment uses at the south end of the corridor, and provide common functions
to serve all of the development, and (ii) develop and adopt zoning and land use control
changes that would enhance the Douglas Drive Corridor's south "gateway" with a more
campus-like setting, reorganize roadway access to create parcels that are more
developable, and create a better link to Zane Avenue.
1.05. To protect the planning process and preserve the welfare of the city of Golden
Valley, the City Council finds it necessary to enact an interim moratorium on certain zoning,
planning and development in Expressway International Park Blocks 1 and 2 (the
"Moratorium Area"), as legally described as Blocks 1 and 2, Expressway International Park.
1.06. In order to protect the planning process and preserve the welfare of the citizens of
the City of Golden Valley, the City Council has determined it is necessary to place a twelve
(12) month moratorium on: (i) issuing building permits that would increase the footprint of
any existing building in the Moratorium Area; (ii) the application for, and construction of,
new projects in the Moratorium Area; (iii) the application for, and approval of, rezoning or
subdivision of any land in the Moratorium Area; and (iv) the application for, and approval of,
a planned unit development or conditional use permit in the Moratorium Area where such
development, rezoning, subdivision, conditional use permit or planned unit development
would otherwise nullify the import and benefits of such Study until the Study is completed
and considered by the City Council and all requisite notices and hearings are
accomplished. Without this moratorium, while the Study is pending, people may take
actions which are permitted under the present ordinance but would not be under new
restrictions. To prevent this from happening and to protect the planning process, the City
Council is adopting an interim moratorium as authorized by Minnesota Statutes Section
462.355, Subd. 4.
1.07. This interim moratorium must be adopted pursuant to Minnesota Statutes Section
462.355, Subd. 4 in order to be effective immediately. If the normal zoning ordinance
process were used alone, a period of approximately sixty (60) days would elapse before
the ordinance could become effective. During this significant time gap actions could be
taken to prejudice the planning process.
1.08. The City Council has a substantial government interest in preserving the public
peace, health, safety and welfare of the citizens of Golden Valley, and accordingly, the City
Council finds that an interim ordinance is needed for the purpose of protecting the planning
process and the public peace, health, safety and welfare of its citizens.
Section 2. Backqround.
2.01. Based on the Preliminary Study results published in draft form on November 9,
2009, the City Council adopted the Preliminary Study, its findings and recommendations,
and the Preliminary Study is pending approval by the Metropolitan Council for incorporation
into Golden Valley's Comprehensive Plan.
2.02. Based on the City Council's adoption of the Preliminary Study, the City Council finds
it necessary to: (i) develop and adopt policies to reinforce employment uses at the south
end of the corridor, and provide common functions to serve all of the development, and (ii)
develop and adopt zoning and land use control changes that would enhance the Douglas
Drive Corridor's south "gateway" with a more campus-like setting, reorganize roadway
access to create parcels that are more developable, and create a better link to Zane
Avenue.
2.03. The City Council is concerned that the City's current zoning ordinance and related
ordinances may be inadequate in scope and restrictions to accomplish the goals adopted in
the Preliminary Study.
2.04. The City Council finds that City staff needs additional time to conduct further studies
so that the City can adopt a set of comprehensive plans and land use zoning regulations,
and optimal policies pertaining to the development goals in the Preliminary Study. Such a
study will address the policy goals, land use and zoning issues raised by the Preliminary
Study.
2.06. The City Council has directed that such further study be undertaken.
2.07. The City Council finds it necessary to enact this interim ordinance for the purpose of
protecting the planning process and the health, safety, and welfare of the citizens of the
City by prohibiting (i) the issuance of any building permits which would increase the
footprint of any existing building in the Moratorium Area; (ii) the application for, and
construction of, new projects in the Moratorium Area; (iii) the application for, and approval
of any rezoning or subdivision within the Moratorium area; and (iv) the application for, and
approval of, a planned unit development or conditional use permit in the Moratorium Area,
until such further study has been completed and any modifications to the City's zoning and
land use regulations are accomplished.
2.08. Minnesota Statutes, Section 462.355, subdivision 4, permits the adoption of interim
ordinances which regulate, restrict or prohibit any use during the planning process.
Section 3. Planninq and loninq Study; Moratorium.
3.01. The City Council authorizes the Study to be conducted by City staff: (i) to develop
policies to reinforce employment uses at the south end of the corridor, and provide
common functions to serve all of the development, and (ii) to develop zoning and land use
control changes that would enhance the Douglas Drive Corridor's south "gateway" with a
more campus-like setting, reorganize roadway access to create parcels that are more
developable, and create a better link to lane Avenue The scope of the study should
include, but is not limited to, the following:
a. the particular permitted or conditional uses allowed in the area;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding area.
3.02. Upon completion of the Study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
3.03. The City Council adopts this Interim Ordinance pursuant to, inter alia, Minnesota
Statute 9 462.355, subd. 4, imposing a twelve (12) month moratorium prohibiting: (i) the
issuance of any building permits which would increase the footprint of any existing building
in the Moratorium Area; (ii) the application for, and construction of, new projects in the
Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within
the Moratorium Area; and (iv) the application for, and approval of, a planned unit
development or conditional use permit in the Moratorium Area. During this twelve (12)
month moratorium period, no new or existing applications for building permits or approval
under Golden Valley Code, ch. 11 or ch. 12, shall be considered or granted which would
result in: (i) development within the Moratorium Area that incorporates an increase in the
footprint of any existing building in the Moratorium Area; (ii) any construction of new
projects in the Moratorium Area; (iii) any rezoning or subdivision within the Moratorium
Area, or (iv) any planned unit development or new conditional use in the Moratorium Area.
Section 4. Enforcement.
The City may enforce any provision of this ordinance by mandamus, injunction or
any other appropriate civil remedy in any court of competent jurisdiction.
Section 5. Separability.
Every section, provision or part of this ordinance is declared separate from every
section, provision or part of this ordinance. If any section, provision, or part of this
ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision, or part of this ordinance.
Section 6. Duration.
This interim ordinance shall be effective immediately upon adoption and shall
terminate on (one year after publication) unless renewed by the City
Council.
Section 7. Penaltv.
City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Sections 11.99 and 12.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Adopted by the City Council this 1 st day of June, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk
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SUMMARY OF
ORDINANCE NO. 440, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Interim Ordinance Imposing a Twelve Month Moratorium on Certain Development in
Expressway International Park in the Douglas Drive Corridor, Golden Valley, Minnesota
This is a summary of the provisions of the above Ordinance which has been
approved for publication by the City Council.
Ordinance 440, imposes a twelve (12) month moratorium prohibiting: (i) the issuance
of any building permits which would increase the footprint of any existing building in the
Moratorium Area; (ii) the application for, and construction of, new projects in the
Moratorium Area; (iii) the application for, and approval of any rezoning or subdivision within
the Moratorium Area; and (iv) the application for, and approval of, a planned unit
development or conditional use permit in the Moratorium Area. During this twelve (12)
month moratorium period, no new or existing applications for building permits or approval
under Golden Valley Code, Chapter 11 or Chapter 12, shall be considered or granted which
would result in: (i) development within the Moratorium Area that incorporates an increase in
the footprint of any existing building in the Moratorium Area; (ii) any construction of new
projects in the Moratorium Area; (iii) any rezoning or subdivision within the Moratorium
Area, or (iv) any planned unit development or new conditional use in the Moratorium Area
pursuant to, inter alia, Minnesota Statute S 462.355, subd. 4.
The Ordinance applies to Blocks 1 and 2, Expressway International Park, as
identified in the attached map.
The Moratorium is adopted to follow up the Douglas Drive Corridor Study adopted by
the City Council and published in draft form on November 9,2009, with the following
purposes:
(i) to develop policies to reinforce employment uses at the south end of the corridor,
and provide common functions to serve all of the development, and
(ii) to develop zoning and land use control changes that would enhance the Douglas
Drive Corridor's south "gateway" with a more campus-like setting, reorganize
roadway access to create parcels that are more developable, and create a better
link to lane Avenue.
The scope of the study should include, but is not limited to, the following:
a. the particular permitted or conditional uses allowed in the area;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding area.
A violation of the ordinance may result in a misdemeanor, as provided in Sections
11.99 and 12.99 of the City Code.
The moratorium is effective immediately upon adoption until 12 months following the
date of publication.
Adopted by the City Council this 1st day of June, 2010.
Notice: A printed copy of the complete ordinance is available at City Hall and at the Golden
Valley Community Library.
Is/Linda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
Is/Susan M. Virniq
Susan M. Virnig, City Clerk
Douglas Drive Moratorium Area
COUNTRY CLUII DR
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763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
June 1, 2010
Agenda Item
6. A. On-Sale, Off-Sale, Sunday Sale, Club, Wine On-Sale and Non-Intoxicating Malt Liquor
License Renewals
Prepared By
Stacy A. Altonen, Chief of Police
Jim Roberts, Sergeant
Summary
The following establishments have applied for renewal of their liquor licenses for the 2009-
2010 license term. The applicants meet City Code and State requirements for the renewal of
their licenses.
Off-Sale
Byerly Beverages, Inc. d/b/a Byerly's Wine & Spirits
Golden Valley Liquor Barrel, Inc. d/b/a Golden Valley Liquor Barrel
Ha Tien Liquor, Inc. d/b/a MGM Liquor Warehouse
Adelemor, Inc. d/b/a United Liquors #2
JT J Enterprises LLC d/b/a Lakeridge Wine and Spirits
Off-Sale. On-Sale and Sunday Sale
RZMP Corporation d/b/a Schuller's Tavern
On-Sale and Sunday Sale
D'Amico Catering, LLC, d/b/a Metropolitan Ballroom and Clubroom
GMRI, Inc. d/b/a Red Lobster
Majors Sports Cafe of Golden Valley, Inc. d/b/a Ciento Tequilla Bar & Mexican Kitchen
The Samurai, Inc. d/b/a Benihana
Golden Valley Country Club
Chipotle Mexican Grill of Colorado LLC d/b/a Chipotle Mexican Grill
Scoreboard, Inc. d/b/a J.J.'s Clubhouse
Cliff Corporation d/b/a Doolittles
Prom Management Group, Inc. d/b/a Prom Catering
On-Sale
Buon Amico Inc. d/b/a Piazza's Ristorante
Club On-Sale and Sunday Sale
Chester Bird American Legion Post #523
Golden Valley VFW Post #7051
Wine On-Sale (includinQ stronQ beer) and Non-lntoxicatinQ Malt Liquor
D'Amico and Sons, Inc. d/b/a D'Amico and Sons
The Noodle Shop, Inc. - Colorado Inc. d/b/a/ Noodles & Company
Smashburger Acquisition-Minneapolis, LLC d/b/a Smashburger
Recommended Action
Motion to approve the renewal of the respective liquor licenses for the applicants listed above
for the 2010-2011 license term.