08-17-10 CC Agenda Packet (2)
AGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
August 17, 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. Proclamation Recognizing Woman's Equality Day - August 26,2010
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 - Council/Manager Meeting - July 13, 2010 and City Council
Meeting - August 4,2010
B. Approval of Check Register
C. Licenses:
1. General Business Licenses
2. Solicitor's License - The Fund for the Public Interest
3. Solicitor's License - Strom Tree Service aka Donald Strom Tree Service
4. Solicitor's License - Naral Pro-Choice Minnesota
D. Minutes of Boards and Commissions:
1. Planning Commission - July 26, 2010
1. Human Services Foundation - July 12, 2010
2. Joint Water Commission - July 7,2010
3. Minneapolis Water Advisory Board - January 28, 2010
4. Bassett Creek Watershed Management Commission - July 15, 2010
E. Bids and Quotes:
1. Miscellaneous Building Maintenance and Golf Maintenance Heat Replacement -
Bids
2. Watermain Rehabilitation - Quotes
F. Approval of One Year Extension for Filing of Plat for 1017 Ravine Trail
G. Continued Participation in Livable Communities Act for 2010-2010 10-43
H. Board/Commission Appointments
I. Second Consideration - Ordinance #446 - Adding a New Section 10.68: Outdoor
Boilers
4. PUBLIC HEARINGS 7 PM
A. Public Hearing - First Consideration - Ordinance #447- Electric Franchise Fee from
Northern States Power d/b/a Xcel Energy
B. Public Hearing - Preliminary Plat Approval - Cloverleaf Woods - 500 Cloverleaf Drive
5. OLD BUSINESS
6. NEW BUSINESS
A. First Consideration - Ordinance #448 - Adding a New Section 5.19: Social Host
Liability
B. Adoption of Emerald Ash Borer Management Plan
C. Announcements of Meetings
D. Mayor and Council Communications
* E. Authorization to Send Letter to Hennepin County Requesting Interim Dispatch
Services
7. ADJOURNMENT
* Amended
Council/Manager Meeting Minutes
July 13, 2010
Present: Mayor Loomis and Council Members Freiberg, Pentel, Scanlon and Shaffer,
City Manager Tom Burt, Public Works Director Jeannine Clancy, Finance Director Sue
Virnig, City Engineer Jeff Oliver, Environmental Coordinator AI Lundstrom, Park and
Recreation Director Rick Jacobson and Assistant City Manager Jeanne Andre.
The meeting began at 7: 1 0 pm in the Council Conference Room.
2009 Comprehensive Annual Financial Report
Sue Virnig introduced MMKR Auditor Bill Lauer. He provided an overview of the
components of the audit, including internal controls, compliance, Minnesota laws
compliance and special purpose reports. He noted that the Report provides an
unqualified opinion. The only citation is due to the small size of the staff, segregation of
duties is not as extensive as recommended. He reviewed the Management Report with
the Council and took questions.
Honeywell Little League Expansion
The Council received an update from staff on the status of the project and discussed
fundraising with Little League officers. The City has received the Hennepin County
contract, which requires that the City front the funds for the ballfields, with the County to
reimburse up to $400,000. The City Attorney has determined that the purchase
agreement for the property requires that Honeywell pay for necessary environmental
remediation. Staff is working on a contract for design services, and is revising it to
include all of the required services, including soil borings, survey work and construction
observation. The goal is to have this contract equal the proposed Little League
contribution of $67,500. The City has negotiated with Hennepin County to extend the
construction deadline from April of 2011 to the fall of 2011.
Little League officers noted that they started fund raising six weeks ago and have
collected $5000 to date. They requested the City to front the design costs, with Little
League to collect its full contribution within a year. They asked if the Council would
consider any changes to the sign ordinance to allow them to have permanent signs
and/or scoreboard signage with advertisements. The Council determined that the
contracts with Hennepin County and the design consultant could go on the next Council
agenda.
2011-12 Pavement Management Program
Jeannine Clancy and Jeff Oliver presented preliminary design issues that have been
identified for the 2011-12 pavement management area that the Council may need to
address as the project moves forward. These include:
. The City needs to purchase an easement for the placement of a reconstructed
storm sewer between Circle Down and Radisson Road. There is no easement for
the existing storm sewer in this location, which is in very poor condition.
Council/Manager Meeting Minutes
July 13, 2010 - page 2
. A resident has expressed opposition to the proposed intersection design for
Turnpike and Lawn Terrace. The staff supports changing the intersection
geometrics to make it safer.
. A petition has been circulated opposing concrete curb and gutter and sidewalk
for a portion of the project. The Council asked that the current policy related to
concrete curb and gutter be provided to the residents.
. A mill and overlay of some of the MnDOT-constructed cui de sacs (Circle Down
and Colonial Drive) is proposed as part of this project, as well as Welcome
Circle, which was previously reconstructed.
. Turners Crossroad may be removed from the project if construction in this area
conflicts with the Metropolitan Council Environmental Services sanitary sewer
interceptor project.
Douglas Drive Financing and Proposed Xcel Franchise Fee Ordinance
Jeannine Clancy noted that the Council has previously discussed implementing an
electrical franchise fee to fund the City portion ofthe reconstruction of Douglas Drive
from Highway 55 to Medicine Lake Road, which Hennepin County plans to put it its
2016 Capital Improvement Program.
Working with Xcel and the attorney for the Suburban Rate Authority, staff has revised
the rate structure previously discussed with the Council, providing for flat fee user rates
of $2 per month for residential customers and small commercial/industrial customers
with larger flat fees for large and demand commercial/industrial customers. The fees as
recommended would generate approximately $630,000 per year. Staff suggested a
schedule with first consideration of the ordinance in August if the Council decides to
proceed. Public hearings would be required, and staff also recommended that a
background article be included in the next CityNews to explain the proposed fee to the
public. If the City adopts the ordinance, Xcel is provided 60 days to implement the fees.
The Council concurred with setting the initial public hearing on August 17.
Emerald Ash Borer Management Plan
AI Lundstrom reported that an inventory of trees on public property has been
undertaken to better understand the possible impact of the emerald ash borer on City
trees. Based on experience in Michigan, after an initial infestation is discovered, there
is usually only a three to five year period before the infestation becomes widespread.
Staff has developed a Management Plan based on a partial inventory of publically
owned trees, and plans to finish the inventory in the winter. The staff has interpolated
that there are 3000 public ash trees and developed the Management Plan to provide for
the orderly removal of all ash trees on public property.
Significant discussion occurred on the City's current management of boulevard trees.
Since the City has never had a boulevard tree planting program, most boulevard trees
in Golden Valley have been planted by the property owners. However for public safety
and tree health reasons, City crews have trimmed up the lower branches of the trees to
Council/Manager Meeting Minutes
July 13, 2010 - page 3
clear the understory on a 15-year cycle. It also has a contract for removal of deadwood
on boulevard trees, so that trees and limbs are less likely to go down in a storm and
create a hazard. Since the City did not originally plant the boulevard trees, staff does
not propose to replace them, although the City would remove boulevard trees under the
proposed plan. A current program with the City of Plymouth allows Golden Valley
residents to purchase trees at a reduced rate.
The proposed plan calls for the removal of all public Ash trees over a 15 year period.
Depending on the degree of infestation, the plan may need to be modified over time.
Staff has proposed the 15-year schedule to spread the budgetary cost while still
aggressively removing vulnerable trees. The Plan currently budgets for replacement of
trees in parks and at the golf course, with the Brookview Golf budget covering the latter.
It is estimated that 50 of every 200 Ash trees removed from public property will be
replaced in this way.
The Council directed staff to bring the Emerald Ash Borer Management Plan forward for
formal Council consideration. However the Council would like to get legal opinions on
responsibilities for boulevard trees to determine if the City should continue maintenance
of boulevard trees and not replace privately planted trees. Based on this further
discussion they would like to educate the public on the policies adopted and the
rationale behind those policies.
Biennial 2011-12 Proposed General Fund Budget
Tom Burt provided an overview of the budget, which provides for a .34% increase in
2011. The budget includes an allowance for salary increases, but he is unable to
recommend an amount until there are settlements in other cities and further
negotiations with the unions. Staff is reduced the equivalent of 2 FTE, some by attrition.
He is also recommending dropping the most expensive health option. The Council
discussed benefits and negative impacts of pay increases or no pay increases and
layoffs or no layoffs, as well as levying for lost state aid. The proposed budget levies to
the maximum of the anticipated levy limit, but does not include any specially allowed
levies.
The meeting adjourned at 9:45 pm.
Jeanne Andre
Assistant City Manager
Regular Meeting
of the
City Council
August 4, 2010
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said
City on August 4, 2010 at 6:30 pm.
The following members were present: Freiberg, Loomis, Scanlon and Shaffer; and the
following were absent: Pentel. Also present were: Thomas Burt, City Manager; Jeannine
Clancy, Director of Public Works; Allen Barnard, City Attorney; and Christine Columbus,
Administrative Assistant.
Approval of Aaenda
MOVED by Scanlon, seconded by Freiberg and motion carried unanimously to approve the
agenda of August 4,2010 as amended: Addition of Letter from Tom Mikkelson Regarding
Ordinance 445, Amending Section 4.60, regarding Rainwater Collection Devices.
Approval of Consent Aaenda
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to approve the
agenda of August 4, 2010 as amended: Removal of Email from Don Keysser regarding
resignation from Planning Commission and Addition of Letter from Tom Mikkelson Regarding
Ordinance 445, Amending Section 4.60, regarding Rainwater Collection Devices.
*Approval of Minutes - Special City Council Meetina - Julv 13. 2010 and City Council
Meetina - Julv 20. 2010
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to approve the
Special City Council Meeting minutes of July 13, 2010 and the City Council Meeting of July
20, 2010 as submitted.
*Approval of Check Reaister
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to authorize the
payment of the City and Housing and Redevelopment Authority bills as submitted.
*General Business Licenses
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to authorize the
issuance of licenses as recommended by staff.
Regular Meeting of the City Council
August 4,2010
Page 2
*Minutes of Boards and Commissions
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to receive and
file the minutes as follows:
Planning Commission - July 12, 2010
Board of Zoning Appeals - June 22, 2010
Environmental Commission - June 28, 2010
Human Rights Commission - March 11, 2010
Civil Service Commission - February 1, 2010
Open Space and Recreation Commission - June 28, 2010
Envision Connection Project Board of Directors - June 26, 2010
*Approval of One Year Extension for Filina for Plat for 100 Brunswick Avenue North.
Peter Miller. Applicant
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to approve an
extension until August 12, 2011 to submit the final plat for 100 Brunswick Avenue North.
*Authorization to Sian Aareement with MnDOl as Aaent for Federal Participation for
Preliminary Enaineerina for Doualas Drive Reconstruction
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTON 10-41
RESOLUTION AUTHORIZING GRANT CONTRACT BETWEEN THE
STATE OF MINNESOTA, ACTING THROUGH ITS COMMISSIONER OF COMMERCE,
AND THE CITY OF GOLDEN VALLEY FOR THE ENERGY, EFFICIENCY,
AND CONSERVATION BLOCK GRANT PROGRAM FUNDED BY THE
AMERICAN REINVESTMENT AND RECOVERY ACT
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Scanlon and Shaffer; and the following was absent: Pentel; and the following
voted against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and her signature attested by the City Clerk.
*Receipt of June 2010 General Fund Budaet Report
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to receive and
file the June 2010 General Fund Budget Report.
Regular Meeting of the City Council
August 4, 2010
Page 3
*Donation of Excess Fire Eauipment
Member Shaffer introduced the following resolution and moved its adoption:
RESOLUTON 10-42
RESOLUTION AUTHORIZING DONATION OF EXCESS EQUIPMENT
(PERSONAL PROTECTIVE EQUIPMENT)
The motion for the adoption of the foregoing resolution was seconded by Member Freiberg
and upon a vote being taken thereon, the following voted in favor thereof: Freiberg,
Loomis, Scanlon and Shaffer; and the following was absent: Pentel; and the following
voted against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and her signature attested by the City Clerk.
Letter from Don Kevsser Reaardina Resianation from Plannina Commission was
removed from consent aaenda
Council Member Shaffer thanked Don Keysser for his service on the Planning Commission
as a member and as Chair.
Don Keysser stated he felt it was an honor and pleasure serving on the Commission and
thanked the Council for their support of the Planning Commission, his fellow Commission
Members and staff.
MOVED by Shaffer, seconded by Freiberg and motion carried unanimously to receive and
file the letter from Don Keysser, dated July 22, 2010 regarding resignation from the
Planning Commission.
*Letter from Tom Mikkelson Reaardina Ordinance 445. Amendina Section 4.60.
reaardina Rainwater Collection Devices
MOVED by Shaffer seconded by Freiberg and motion carried unanimously to receive and
file the Letter from Tom Mikkelson, dated August 2,2010, regarding Ordinance 445,
Amending Section 4.60, regarding Rainwater Collection Devices.
Public Hearina - Preliminary Plat Approval - 700 Meadow Lane - Lot 2 and Lot 3. PUD
#33 North Wirth Parkway 2nd Addition - North Wirth Associates LLP. Applicant
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council.
Lynnette Rothstein, North Wirth Associates LLP, reviewed the plat and answered
questions from the Council.
Regular Meeting of the City Council
August 4, 2010
Page 4
Public Hearina - Preliminary Plat Approval - 700 Meadow Lane - Lot 2 and Lot 3. PUD
#33 North Wirth Parkway 2nd Addition - North Wirth Associates LLP. Applicant-
Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Freiberg, seconded by Shaffer and motion carried to the preliminary plat for a
lot consolidation of Lot 2 and Lot 3, PUD #33 North Wirth Parkway 2nd Addition. Upon a
roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES
Continued Public Hearina - Ordinance #443 - Photovoltaic Module Reaulations
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 443, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Sections 11.21 and 11.22 Regarding Photovoltaic Module Regulations
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Shaffer, seconded by Scanlon and motion carried to approve Ordinance #443,
2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES
Continued Public Hearina - Ordinance #444 - Amendina Buildina Heiaht
Reauirements Heiaht Reauirements Hiah Density Residential Zonina District (R-4)
The following ordinance was MOVED by Freiberg, seconded by Scanlon:
ORDINANCE NO. 444, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 11.24, Building Height Requirements in
High Density Residential Zoning District (R-4)
Mark Grimes, Director of Planning and Development, introduced the agenda.
Regular Meeting of the City Council
August 4,2010
Page 5
Continued Public Hearina - Ordinance #444 - Amendina Buildina Heiaht
Requirements Heiaht Requirements Hiah Density Residential Zonina District (R-4) -
Continued
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon. Hearing and seeing no one, the
Mayor closed the public hearing.
MOVED by Freiberg, seconded by Scanlon and motion carried to approve Ordinance #444,
2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES
First Consideration - Ordinance #445 - Amendina Section 4.60, Reaardina Rainwater
Collection Devices
The following ordinance was MOVED by Shaffer, seconded by Freiberg:
ORDINANCE NO. 445, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amending Section 4.60, Regarding Rainwater Collection Device Regulations
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council. Allen Barnard and Thomas Burt answered questions
from the Council.
The Mayor opened the meeting for public input and persons present to do so were
afforded the opportunity to express their views thereon.
Tom Mikkelson, 6935 Knoll Street, stated he has no issue with the number of barrels but
with the screening of them, showed pictures of a house with 9 barrels and all are visible
from the street, and also showed pictures of screening options that are available.
The Mayor closed the public hearing.
MOVED by Shaffer, seconded by Freiberg and motion carried to refer Ordinance #445
back to staff to review and make amendments regarding location of barrels, size, number
and screening for discussion at a future Council/Manager meeting. Upon a roll call vote,
the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES
Regular Meeting of the City Council
August 4,2010
Page 6
First Consideration - Ordinance #446 - Addina a New Section 10.68: Outdoor Boilers
The following ordinance was MOVED by Shaffer, seconded by Scanlon:
ORDINANCE NO. 446, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 10.68: Outdoor Boilers
Mark Grimes, Director of Planning and Development, introduced the agenda item and
answered questions from the Council.
MOVED by Shaffer, seconded by Scanlon and motion carried to adopt on First
Consideration, Ordinance #446, 2nd Series. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES
Authorization to Sian Amended PUD Permit - North Wirth Parkway PUD 33.
Amendment No.2
Mark Grimes, Director of Planning and Development, introduced the agenda item.
MOVED by Shaffer, seconded by Freiberg and motion carried to authorize the Mayor and
City Manager to sign the amended PUD Permit for North Wirth Parkway PUD No. 33,
Amendment NO.2. Upon a roll call vote, the vote was as follows:
FREIBERG - YES LOOMIS - YES PENTEL - ABSENT SCANLON - YES SHAFFER - YES
Announcements of Meetinas
A Bike-A-Long will be held on August 8, 2010 at 1 pm starting from the Police Department.
A Concert in the Park featuring Blue Drifters will be held on August 9, 2010 at 7 pm at
Brookview Park.
Primary Election Day will be August 10, 2010.
The next Council/Manager meeting will be held on Wednesday, August 11, 2010 at 6:30
pm.
The next City Council meeting will be held on August 17, 2010 at 6:30 pm.
Mavor and Council Communications
No action and/or discussion took place.
Regular Meeting of the City Council
August 4, 2010
Page 7
Adiournment
The Mayor adjourned the meeting at 7:20 pm.
ATTEST:
Christine Columbus, Administrative Assistant
Linda R. Loomis, Mayor
alley
Memo dum
City Administration/Council
763-593-8014/763-593-8109 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
1. B. Proclamation Recognizing Woman's Equality Day - August 26, 2010
Prepared By
Jeanne Andre, Assistant City Manager
Summary
Mayor Loomis has worked with the Golden Valley League of Women Voters to prepare a
proclamation highlighting Women's Equality Day, celebrating the 19th Amendment to the
Constitution. Former Mayor Mary Anderson plans to attend to speak to this item.
Attachment
Proclamation Recognizing Woman's Equality Day - August 26,2010 (1 page)
Recommended Action
Motion to approve Proclamation Recognizing Woman's Equality Day - August 26, 2010.
CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING WOMAN'S EQUALITY DAY
AUGUST 26,2010
WHEREAS, on August 26, 1920, the United States Secretary of State certified the
ratification of the 19th amendment to the constitution giving women the right to vote in the
United States; and
WHEREAS, this date is now celebrated as Women's Equality Day, celebrating its
90th anniversary in 2010; and
WHEREAS, this celebration recognizes the hard work and perseverance of those
who helped secure women's suffrage in the United States, and the necessity of the full
participation of women, through the right to vote, in the protection of women's rights as
citizens, thereby allowing freedom and democracy to flourish; and
WHEREAS, the League of Women Voters of the United States was formed in
February of 1920 by women who had worked for years for the passage of an amendment
giving women the right to vote, established with the basic purpose of educating citizens to
become informed and active participants in government at all levels. The League studies
issues and lobbies on its positions but never provides partisan support for candidates or
political party positions; and
WHEREAS, the League of Women Voters of Golden Valley was officially
established in January 1948, to encourage its members to be involved in local
government and serve on advisory commissions and as elected officials; and
WHEREAS, League Member Pat Moberg was the first woman elected to the City
Council in 1972, serving from 1973-1975, and League Member Rosemary Thorsen was
the first woman to be elected Mayor of Golden Valley in 1979, serving from 1980 to 1983,
with all of the mayors who have served since that time being League Members; and
WHEREAS, the League's contribution to the community was recognized by the
Golden Valley Sun newspaper in 1972 through its designation as Citizen of the Year.
NOW, THEREFORE, I, Mayor Linda Loomis, do hereby proclaim August 26,2010,
as Women's Equality Day in Golden Valley; and
I FURTHER PROCLAIM the commitment of the City of Golden Valley to universal
franchise and support for the Golden Valley League of Women Voters and its mission to
study issues, inform citizens and encourage participation in governance and I
acknowledge the extraordinary accomplishments of women offered the right to vote in
America.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal
of the City of Golden Valley to be affixed this 17th day of August 2010.
Linda R. Loomis, Mayor
alley
M m randu
Finance
763-593-8013/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17,2010
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
alley
m nd m
Inspections
763-593-8090 I 763-593-3997 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. C. 1. General Business Licenses
Prepared By
Kathryn Pepin, Administrative Assistant
Summary
As per City Code, some businesses are required to be licensed by the City. Listed below are
the License Number, Applicant, License Type and Fee of those who have submitted an
application for approval.
#4517
Saturn of Golden Valley New/Use Vehicle Dealers
801 Louisiana Avenue South
$400.00
#4515
Jaguar/Landrover Minneapolis New/Used Vehicle Dealers
8905 Wayzata Boulevard
$400.00
#4505
Borton Volvo New/Used Vehicle Dealers
905 Hampshire Avenue South
$400.00
#4516
Morrie's European Car Sales New/Used Vehicle Dealers
7400 Wayzata Boulevard
$400.00
Recommended Action
Motion to authorize the issuance of licenses as recommended by staff.
alley
Memora dum
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. C. 2. Solicitor's License - The Fund for the Public Interest
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 The Fund for the Public Interest.
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: $ 50 .00
Number of Persons: / '?-
Type of License: Peddler ~
( circle one)
cJt:> .
Enclose the sum of $ 50- for Jr:;.--- (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.
--rvu.. ~~ ~ -tVu- t>vJo\ i. c \ '^'-t-e--v-"'-c:;~
(Business or Individual Name or Organization to be Licensed)
D~ -?I& 2to~7
(MN Business 10 or FEIN (Federal 10) for Business Licenses)
Define Business N 0\0 - ~ t;. r
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
\'3l'7;, CS~ 5+ ~t. S~~ "61~
(Address)
\\A.l \'\ "\..LA..- fOk-o l'A N C;:;co '-+- \ L\
City, State and Zip Code)
to \ z.... - 31 ~ - ~ <<a I.{-~ 0(< Co \2- - ~ ~ I - ~4-0 c
(Telephone Number, including Area Code)
NOW, THEREFORE, ~tI\Vl"-t:'l"",-t ~ Ct....Jt./I&{L hereby makes application for
(Applicant Name)
period of '0/\ I (20 \0 through 6/30/20\\, subject to the con.ditions and provisions of said
City Code. . ~
ure 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):
~~~sh-\f J ~(tRa.tl'rY\S
NOTE: If the products for sale are changed or modified, you must give the City complete
infl"\r....."'fil"\n r",n",rrlinn <:0, lI",h ,..h",nn", I"\r I'Y'II"\r1ifi,..",fil"\n
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:
CoV\.~c-r on-e. 1>+ ~ co\ V"\ \( ~ s':) D,'re c..:\-OY S ~ r OL l( ~ t":
$&'\-vY\.e\.. lI\..-t~ C~W\c...l,- (fV \3.-e-+~n y MleV'
~ 12. -::n ~ - ~~ Lt-\P o;{2.... (q \2. - -:S~ l.... 2> +0 0
I~ l ~ c::; ~ $-t .s € SuA \-e- '"3l \.. M , II\. V\ e ..... ~ r l"l ~
~l-J ~s 1.\-1 4-
(If more space is needed, attach additional sheets)
STATE OF tr) urnes (}b..- )
. ) ss.
COUNTY OF J+enI16pl"- ) .
I, C;;t/VIV\fA.,^-~ ch-JW{GrL-o~ &~t:v ~(W/c/~L~T-
(Officerllndividual) (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
.~1:Ufe~nersne;<oe'fm~em to be true.
o 0
~o 0
~~tWd"'~trswbrrdo l)e~~e this
//,v, day of ~J~ ,20/D
. d I
~~S:~t!t1~ L
Hey
M mora m
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. C. 3. Solicitor's License - Strom Tree Service aka Donald Strom Tree Service
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 Strom Tree Service aka Donald Strom Tree
Service.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month. "'.
PEDDLER/SOLICITOR LICENSE APPLICATION
TO: Golden Valley City Council Fee Paid: $ 50 {it--
7800 Golden Valley Road Number of Persons: ~ ::."':"\
Golden Valley, MN 55427 Type of License: Peddler Solici~
(circle one -
Enclose the sum of $ 50"C/O for b (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.
SW{VJ '~e... Sf>r\J\rJs A-KA \)o~\r~ ~+rofV\'\~e..~('-v~ce
(Business or Individual Name or Organization to be Licensed)
'35''I/5sl
(MN Business 10 or FEIN (Federal 10) for Business Licenses)
Define Business
on-Profit, State of Incorporation or Individual)
ro
(Corporation, Proprietors
SCJ I '3 \'"J 5+, JJ, f:'<
(Address)
L~ttlR-~"5 I fVlN, 6~3L(~
City, State and Zip Code)
3dD' 360 - ~'-5""1
(Telephone Number, including Area Code)
NOW, THEREFORE, t:bY"\~' ~ 5 + ((J rv\ hereby makes application for
of i , (Applicant Name)
period of DI rr; 10 through 6/30/.l.l, subject to the conditions and provisions of said
City Code. ·
( 'gnature 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):
'\ -f'e.. e... :Sf> f' \J ~ l_e ~ Q,,~~
h~Y\~~(a.p, t^-.3
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:
~t\oJ~ s+rofV\
'I a. f'\ S 1-<'efi') P ~€-
:S~+~l') ~~~('
-X:o. ~ -e....~ c;~ ao.:1\ ~y
So...~ 11) ~(he \ ~ s
(If more space is needed, attach additional sheets)
STATE OF IJt^^~ )
^ ) ss.
COUNTY OF #e.ntlf- 'P\I\)
I, ~ t\.a... \ & S-'-'(btv\
(Officer/Individual)
of -:).t-0 M r{"'-e e ~e (\\)~ UL
(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
sug~:,~~e;;~Y.e~~itb.~m to be true.
~ ,. .........~'.(>..
~ 0
.."\
~
. ~1
'f:f\:--..,::...,.,.", JOSEPH S. HOGEBOOM
tl'$, Notary Public
" Minnesota
My Commission Expires January 31,2011
SI nature of Applicant/Principal Officer)
~" t).
Sub~~1Q.hefo@.Jiie'ihis
/(0, day of ~~ ,20 IV
~,A ig~~
alley
Mem ran m
City Administration/Council
763-593-8002/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17,2010
Agenda Item
3. C. 4. Solicitor's License - Naral Pro-Choice Minnesota
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Naral Pro-Choice Minnesota.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council
Meeting. Council Meetings are normally the first and third Tuesday of each month.
TO: Golden Valley City Council
7800 Golden Valley Roa~ .
Golden Valley, MN 55427
PEDDLER/SOLICITOR LICENSE APPLICATION .
70
Fee Paid: $ . ~.
No. of Persons: .<6'... ..... . :.
Type of License Requested: ~
NA/fJlL- fRO -cHoICE MAl:
(Business or Individual Name to be ~iCensed) 51-; /~
?3tJD . Ave ~ /20 MA S51ltf
(Address, incl t1ing City, State & Zip Code)
&57 - (pOl- -1fe~
Enclose the sum of $ 5l1,.for "'(nUmber)
peddlers/solicitors as required by Ordinance
of the City of Golden Valley and have
complied with all the requirements of said
Ordinance necessary for obtaining this
license.
F~o L.f'-Jd-b79~
(Telephone Number, including area code) :rOo
NOW, THEREFORE, ~ doMsl/1"1-- hereby makes application
(App.,lLcant Name) ~ -hi. 0
for the period of ~~~ I J I ;ZOJ 0 through . go . Jo} ,subject to all
conditions and provisi ns of said Ordinance. .. '
/
REQUIRED LICENSE INFORMATION
APPlica~~~:ifferent from above): ~ dnWt:7il
Address jjZ{Jg /VM-~ ~ ~ :tF-r
(Include City, State and Zip Code)
~- ~3-"63<6r-
Mp15 / /ltn-.~t(zic
Define Business
Telephone Number (including area code
Date of Birth (if an individual)
Business of Applicant:
Address
NOTE: If the products for sale are changed or modified, you must give the City complete information
regarding such change or modification.
If the Peddler or Solicitor is so engaged on behalf of an organization, supply:
Telephone Number
/VI11<A1,- f1f(() C(-/o I (!,E
:.l- 8 cJl.)
&57 - (# O;LJ
;t1I(/ ~.
fl-~ Ave- S~kRO
.' _ :f(e~lude City, State and Zip Code)
~
Sf;- ;:/~
~~
Name of Organization
Address of Organization
Define Organization
Listthe 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:
C)N F/ L.r:;:
(If more space is needed, attach additional sheets.)
STATE OF MINNESOTA)
) 58.
COUNTY OF HENNEPIN )
I, t~ (k~
(officer/individual) (name of organization)
being first duly sworn, depose and say that all the foregoing information is true of his/her own knowledge
except as to matters therein stated on information and belief, and as to such matters, h e believes them to
be true.
of
;V1/f61Z-- ~1fo-CfloJce Mf(/
Sub~Cribed and ~. rn to b~ore me this. I u
\ \) day of . . 1 <;; ,d-O.
v
(/!f1&/(,A~ W--~
. MELISSA WINSHIP
.. Notary Public-State of Minnesota
My Commission Expires
January 31, 2012
Regular Meeting of the
Golden Valley Planning Commission
July 26, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, July
26, 2010. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser. Also present was City Planner Joe Hogeboom and
Administrative Assistant Lisa Wittman.
1. Approval of Minutes
July 12, 2010 Regular Planning Commission Meeting
Eck referred to the fourth paragraph on page 1 and stated that the second use of the
word "now" should be removed from the second sentence.
Waldhauser referred to the seventh paragraph on page 2 and stated that the meeting
she attended was not a "special" meeting rather a portion of a regular Council/Manager
meeting.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve
the July 12, 2010 minutes with the above noted corrections.
2. Informal Public Hearing - Minor Subdivision - 500 Cloverleaf Drive - SU08-09
Applicant: Golden Valley Land Co., Matt Pavek
Address: 500 Cloverleaf Drive
Purpose: The subdivision would create two separate lots for the construction of
two new homes.
Hogeboom referred to a map of the property and explained the applicant's proposal to
split the existing lot into two new lots. He stated that staff has reviewed this proposal
and determined that each proposed new lot meets City Code requirements. Lot 1 will be
27,300 square feet in area and Lot 2 will be 21,950 square feet in area.
Cera referred to Lot 1 and asked if the steep topography will be an issue. Hogeboom
said he doesn't think the steepness will be an issue. He referred to his staff report and
discussed the City's regulations regarding approval of minor subdivisions including
sewer and water connections, granting of certain easements, other public agency
review, title review and park dedication requirements.
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 2
Hogeboom referred to an illustrative drawing that showed the existing home on the
property and how the two new homes could possibly look. He reiterated that this
proposal meets all of the City Code requirements and that staff is recommending
approval of this proposed minor subdivision.
Keysser asked if the applicant is requesting any variances. Hogeboom said no.
Kluchka asked about the City's requirements regarding demolition of the existing home
before the subdivision is officially approved. Hogeboom said that demolishing the
existing home will be required as part of the Final Plat approval.
Waldhauser stated that the existing home appears to be in good shape and asked what
would be wrong with leaving it where it is or moving it instead of demolishing it.
Hogeboom explained that the existing home does not conform to setback requirements
and that a subdivision cannot be approved if there are any non-conformances.
Matt Pavek, applicant, stated that he and his wife are planning to live in the proposed
house being built on Lot 1. He stated that he did consider trying to save the existing
house but it doesn't have a basement, which decreases its value. He said he is still
considering having the house moved and he's also been working with the City's Fire
Department regarding the use of the existing house for training exercises.
Keysser asked if Lot 2 will be sold to a developer. Pavek said Lot 2 would be sold to a
builder and he doesn't know at this point if a builder would construct a spec home or if it
would be custom built for someone.
Eck questioned why Lot 2 isn't larger in size. Pavek stated that the proposed property
line dividing the lots is parallel with the south property line. He added that once the
setbacks are figured for Lot 1 he may decide to make Lot 2 slightly larger.
Eck asked why both homes show 2-stall garages versus 3-stall garages. Pavek
explained that the side yard setback requirements in Golden Valley could force the
garages to be located in front of the homes and he doesn't want the focal points of the
homes to be the garages. He added that a 2-stall garage fits in better with the
neighborhood and he would probably make the garages slightly deeper to allow for
more storage.
Keysser noted that Lot 2 is fairly narrow and asked if it will be difficult to build a house
on that lot. Pavek stated that that the building pad for a house on Lot 2 could be 50' x
50' or larger if built from setback line to setback line.
Keysser opened the public hearing.
Renee Brown, 516 Cloverleaf Drive, said she is very much in favor of this proposed
development because people who will maintain their property would improve the
neighborhood and the property values. She said Matt Pavek has done a good job in
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 3
working with the neighbors and addressing their concerns. She stated that the existing
house has been taken care of by neighbors because the former owner has not been
able to maintain it. She added that the inside of the existing house would probably not
appeal to very many buyers and that its highest and best use might be as a charitable
donation.
Helen Ekman, 440 Cloverleaf Drive, said that if someone were to build on the proposed
Lot 2 it would be extremely close to her house. She said nothing has been discussed at
this meeting regarding what the neighbors might think about this proposal. She referred
to a letter from a Mr. Mahabadi who lives on Woodstock and said he is opposed to this
proposal unless the City wants to divide his lot as well. She said the neighbor next door
to her has been in Boston for at least six months and she is concerned that he might not
have received notice regarding this proposal. She said she has signatures from Dee
Dahlquist (330 Cloverleaf Drive) and from the homeowner at 524 Cloverleaf Drive who
both oppose this development. She said she is worried this proposal would be more
"inner-city" and she is worried about water coming down on to her property. She said a
buyer might like to purchase both lots and then the City wouldn't have to get involved.
There will be more noise, more congestion, more cars, more garages and less grass
and trees.
Duane Hillman, 1112 26th Avenue NE, Minneapolis, said he doesn't want to make this
neighborhood a small, crowded "inner-city" kind of neighborhood. He said he thinks it
would be proper for the applicant to build a nice big house on the existing lot. He said
he is concerned about the steep hill on the property and he doesn't want the trees to be
cut down because he wants deer to keep running through the area and the DNR should
be contacted to try to save the trees. He said his son who lives in Texas is interested in
buying Ms. Ekman's house but he doesn't want to live in the "inner-city" either. He said
he and Ms. Ekman would like more time to study the proposal.
Jim Martens, 515 Cloverleaf Drive, said he fully supports the proposal. He said he has
helped maintain the property in question by painting the house, mowing the lawn and
helping the previous owner get a new roof. He said it is interesting that Helen, a person
who doesn't have residence in the neighborhood and people who didn't show up at this
meeting would have such strong opinions about this proposal. He said he and several
other people in the neighborhood work very hard to maintain their property and the ones
that don't are the ones opposed to the proposal.
Duane Hillman said according to what Mr. Martens said he should also approve of the
applicant building just one house on the property. He said Mr. Martens is prejudiced
against senior citizens and he should not object to him speaking just because he is a
friend of Ms. Ekman's.
Marla Kapperud, 420 Cloverleaf Lane, said she supports this project and it has been
delightful and wonderful to live in this neighborhood. She said subdividing this property
and adding two beautiful homes will add a lot of value to the neighborhood and might
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 4
increase the tax base as well. She said she doesn't think Mr. Pavek has plans to cut
down all the trees and is in fact trying to save as many trees as possible.
Seeing and hearing no one else wishing to comment, Keysser closed the public
hearing.
Keysser asked Pavek how long the home has been vacant. Pavek said he thinks it has
been vacant for a couple of years.
Eck stated that according to all of the information he's reviewed there is no legal basis
for opposing or denying this subdivision.
Cera asked Hogeboom to explain the public hearing notification process. Hogeboom
stated that property owners located within 500 feet of the subject property receive a
hearing notice 10 days before the Planning Commission meeting and again 10 days
before the City Council meeting.
Keysser asked Pavek to explain his meetings with the neighborhood. Pavek explained
that he had an informal meeting with the neighbors on Thursday, July 22 in order to
answer any questions they had.
Waldhauser said she is impressed with the plans and is pleased that the developer is
only splitting the property into two lots.
MOVED by Waldhauser, seconded by Eck and motion carried unanimously to
recommend approval of the subdivision request at 500 Cloverleaf Drive subject to
following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. The City Engineer's memo, dated July 15, 2010, shall become part of the approval.
3. A park dedication fee in an amount determined by the City Council shall be assessed
at the time of final plat approval.
4. All applicable City permits must be obtained prior to the development of the new lots.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 5
4. Other Business
Keysser announced that he is resigning from the Planning Commission in order to
complete his doctorate program.
Kluchka asked Hogeboom if there has been any progress or ideas from the Green
Team regarding franchise architecture. Hogeboom suggested the Planning Commission
put a recommendation in writing asking the City Council to give staff and/or the Planning
Commission direction regarding studying franchise architecture or having commercial
architectural standards. Kluchka said he would like to see some level of the LEED
certification process added to requirements and conditions placed on developments. He
said sustainability and re-use are his primary concerns. Waldhauser discussed various
seminars she's attended regarding development and construction of new buildings.
Hogeboom informed the Commission that there has been a moratorium placed on the
former Homesteader property at the corner of Douglas Drive and Olson Memorial
Highway to allow staff to study the area and give a recommendation for the use of the
property and transportation issues.
Kluchka said he is interested in knowing how the Menards proposal will fit in with the 1-
394 zoning code requirements. He said he is also interested in the street extension and
road alignment. Hogeboom said he has been discussing design standards with
Menards and that he is not yet sure about the road alignment issue.
5. Adjournment
The meeting was adjourned at 8:05 pm.
Lester Eck, Secretary
Golden Valley Human Services Foundation (GVHSF) Meeting
Minutes
July 12, 2010
Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Diane Nimmer,
Connie Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison.
Not Present: Gloria Johnson, Chris Monroe,and Steve Schumacher.
Call to Order: Chairman Blumb called the meeting to order at 6:35 p.m.
May 10 minutes: Heilicher moved and Vodovoz seconded the motion to approve the
minutes of May 10. The motion passed unanimously.
Upcoming Events:
Golf Classic - July 16. Fackler gave an overview of the event. It was decided to have
Davanni's cater the lunch. Members volunteered to assist at the event.
Taste of Golden Valley - November 10. The Metropolitan has been booked for this date.
Deposit has been sent. Members discussed the event to insure its success including
working on this event year-round. Sandler volunteered to create a Facebook page, Nimmer
volunteered to work on the auction mechanics with The Metropolitan, McGhie will work on
publicity and marketing, Blumb will work on entertainment. Discussion will continue at the
August GVHSF meeting.
Other Business:
Golden Valley Days - May 22. Even though the event was shortened due to the weather,
members enjoyed the event and agreed they should participate next year.
Election of Chair/Co-Chair - Heilicher nominated Blumb as Chair and Sandler as Co-Chair,
Nimmer seconded the motion. Motion passed unanimously.
Golden Valley Foundation - no report.
Solicitation Letter - Fackler reported that over $8,000 has been received to date.
Grant Application - Information has been given to the Communications Department with a
scheduled posting on the website by July 30th. Deadline to return applications is August
2ih.
Adjournment: Nimmer moved to adjourn the meeting, Monroe seconded the motion. The
meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
JOINT WATER COMMISSION MINUTES
Golden Valley - Crystal - New Hope
Meeting of July 7, 2010
The Golden Valley - Crystal - New Hope Joint Water Commission meeting was called to
order at 1 :30 pm, in the City of Golden Valley Council Conference Room.
Commissioners Present
Tom Burt, City Manager, Golden Valley
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Staff Present
Sue Virnig, Finance Director, Golden Valley
Dave Lemke, Utilities Maintenance Supervisor, Golden Valley
Tom Mathisen, Director of Public Works, Crystal
Jeannine Clancy, Director of Public Works, Golden Valley
Guy Johnson, Director of Public Works, New Hope
Minutes of June 2. 2010
MOVED by Norris seconded by McDonald and motion carried unanimously to approve the
minutes of the June 2,2010 meeting.
Letter to the City of Minneapolis
On June 24,2010 a letter was sent to Steve Kotke, Director of Public Works at the City of
Minneapolis. The purpose of the letter was to clarify points about contract language
regarding actual costs. Steve Kotke was asked to respond to the JWC concerns by mid-
July.
Citilink's Lease on North New Hope Water Tower
MOVED by Norris with the language amended to include an increase in fees paid by Citilink
to the JWC if the usage of the equipment is expanded to business other than LDI,
seconded by Burt and motion carried unanimously to approve Citilink's lease on North
Water Tower.
Other
Virnig stated the CIP and budget will be presented at the August meeting.
Mathisen and Johnson spoke about the updates regarding the JWC Municipal Well
Rehabilitation. The video of the well shows sand and debris at the bottom of the well. They
have received three proposals and will meet and discuss with two of the contractors the
process of cleaning the well and whether it would be feasible to use the well or if the well
should remain as observation only.
Joint Water Commission
Page 2 of 2
Next MeetinQ
The next meeting will be August 3, 2010.
Adiournment
The meeting was adjourned at 1 :58 pm.
ATTEST:
Christine Columbus, Administrative Assistant
Thomas D. Burt, Chair
Minneapolis Water Advisory Board
Meeting No.5 Minutes
January 28, 2010-4:00 pm to 6:30pm
In Attendance
Sandra Colvin Roy, Council Member and Co-Chair, Ci.ty of Minneapolis
Linda Loomis, Mayor and Co-Chair, City of Golden Valley
Tom Burt, City Manager, City of Golden Valley
Jeannine Clancy, Director of Public Works, City of Golden Valley
Steve Kotke, Director of Public Works, City of Minneapolis
Bernie Bullert, Interim Director of Water Treatment & Distribution, Minneapolis Water Works
Chris Catlin, Superintendent of Water Plant Operations, Minneapolis Water W()rks
Brette Hjelle, Interagency Coordinator, City of Minneapolis
Anne Norris, City Manager, City of Crystal
Tom Mathisen, Director of Public Works, City of Crystal
Bob Cockriel, Utilities Superintendent, City of Bloomington
Kathi Hemken, Mayor, City of New Hope
Kirk McDonald, City Manager, City of New Hope
Lauren McClanahan, Public Works Superintendent, City of Columbia Heights
Greg Stonehouse, HDR Engineering, Inc.
Co-Chair Loomis called the meeting to order at 4:05 pm.
Approval of Minutes
Sandra Colvin Roy requested the following amendment to the December 9, 2009 minutes:
Fox 9 News StOry on Ultrafiltration Plant, fourth sentence, the following change is
recommended:
The City agreed to a settlement of $1.5 million in exchange for all new filter
membranes and a new warranty period. Tho roplaoomont cast of the membranes is
$1.5 million ami includes a prorated '::armntyporiod.
MOVED by Mayor Kathi Hemken, seconded by Kirk McDonald, and motion carried
unanimously to amend and approve the minutes of December 9, 2009.
2011-2015 Capital Projects (Bullert)
Kotke explained what dictates the capital program and the limited dollars available
particularly in 2011 through 2013. Minneapolis has two driving goals: (1) keep the water rate
increases to not more than 5%, and (2) build up its cash fund balance so that it is closer to a
3-month operating reserve. Kotke reviewed the City's annual capital planning process and
timeline. The Public Works Department internal process is going on now through March and
this is the appropriate time for the Water Advisory Board (WAS) to make recommendations.
Bullert outlined the values guiding what qualifies a project for the capital program. One of
which is aesthetic quality of the water, which is the category where the taste and odor issue
would fall He also discussed the adopted 2010-2014 capital budget (includes water
G:\JWC\WAB\MINUTES\WAB Meeting Five Minutes.doc
1
distribution improvements, treatment infrastruoture improvements, and reimbursable
waterrnain projects) and the proposed 2011-2015 capital budget.
Proposed project changes for 2011-2015 include:
. Remove the security improvements for now. A vulnerability assessment was done in
2003 and security improvements were made at that time. Staff is waiting to hear if
Congress will require a new plan and timeline. An audit was conduoted of many
cities around the country and found that many did not make any or all of the
improvements requested. New legislation is looking at a mandatory cycle to
implement improvements.
. Move the Hiawatha water maintenance facility to 2015.
New capital projects for consideration:
. Request for proposals for development of the master plan have been. requested.
. Address taste and odor issue. Minneapolis may have a consultant look at this issue
when evaluating other projects.
. Alternate water supply. Bullert talked with the Minnesota Department of Natural
Resources (DNR) about using additional wells as a backup water supply. The DNR
was very interested and suggested a meeting be set up with DNR and Minneapolis
officials to discuss further.
. The MinneapolislSt. Paul interconnect project is tabled due to lack of funding from
both communities. At a recent Senate Finance Committee hearing, the project was
discussed and was subsequently removed from the bonding request. The project
would most likely come up again in a couple of years and the cities will have
opportunity to voice supportcolleotively at that time.
Minneapolis is evaluating operation efficiencies to save money to put toward capital
projects. Cost-saving initiatives include update modeling, pumping efficiency, meter
management, chemical optimization, staffing, master plan integration, and adding new
customers (Brooklyn Park, Brooklyn Center, Plymouth, Robbinsdale, others?).
The target date to complete the master plan is August 2010. During that time, the mayor will
be making budget recommendations; however, if projects are identified during the master
plan development that should be added to the budget, modifications can be made before
the budget is adopted in mid-December.
A draft master plan is anticipated to be ready for review by July. Hjelle will coordinate the
next WAB meeting with the completion of the draft plan so the WAB can comment and
discuss the draft at that meeting. .
Next steps include receiving WAB comments on the 2011-2015 capital plan, submitting the
2011-2015 capital budget requests, completing the asset management plan, and continuing
to reduce operational costs.
G:\JWC\WAB\MINUTES\WAB Meeting Five Minutes.doc
2
Minneapolis has done an internal analysis of the current economic conditions (foreclosures,
etc.) and its effect on revenues. So far, the analysis has not revealed anything conclusive or
detectable.
Old Business - Water Conservation Rates (Kotke)
Minneapolis submitted its conservation rate plan and accompanying resolution
substantiating that Minneapolis conforms to DNR's water conservation goals to the DNR.
Recently, Colvin Roy and Hjelle met with representatives Paul Gardner and Jean
Wagenius. Hjelle prepared a one-page handout for discussion purposes that included a
chart comparing DNR goals and where Minneapolis is exceeding those g.oals. Colvin Roy
made the point that Minneapolis' rates are higher than most cities' summer rates and that
the Minneapolis' rate is more conservation aggressive because the rate is applied to the
first drop out of the faucet. Gardner said Minneapolis produced results and that is what they
were looking for.
Staff made the presentation to the DNR in December. Although the DNR will not be giving
approval, the DNR understood the logic presented and that the river is a more sustainable
water source than groundwater.
Colvin Roy viewed the meeting with the legislators as a start and an opportunity to lay a
foundation of understanding that this system relies completely on river water and is
fundamentally different from other systems. The handout is available for other communities
to modify when meeting with legislators.
Next Meeting - Hjelle
At the close of the meeting, Caitlin noted that Minneapolis Water Works would be marking
its 100-year anniversary of chlorinating water at pump station 4.
Kotke asked if the group would be interested in touring the Fridley plant something in the
future when the weather is warmer. Hjelle will check for meeting space at the plant and
schedule something in the spring or summer.
Hjelle will send out a meeting appointment when the draft master plan is ready for review.
Adjournment
The meeting adjourned at 5:25 pm.
Respectfully submitted:
;f1:P~
Administrative Assistant, City of Golden Valley
G:\JWC\WAB\MINUTES\WAB Meeting Five Mlnutes.doc
3
1. Call to Order
The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:30 a.m. on
Thursday, July 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:
2. Approval of
Commissioner Pauline Langsdorf, Secretary
Commissioner Linda Loomis, Chair
Alternate Commissioner Ted Hoshal
Commissioner Michael Welch, Treasurer
Commissioner Bonnie Harper-Lore
Alternate Commissioner Al Sarvi
Commissioner Ginny Black, Vice Chair
Commissioner Wayne Sicora
Commissioner Jim deLambert
Administrator
Counsel
Engineer
Recorder
Geoff Nash
Charlie LeFevere
Karen Chandler
Amy Herbert
Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth
Brooke Asleson, MPCA
Jeannine Clancy, Technical Advisory Committee, City of Golden Valley
Jack Frost, Metropolitan Council Environmental Services
Dave Hanson, Alternate Commissioner, City of Golden Valley
Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal
Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley
Stu Stockhaus, Alternate Commissioner, City of Crystal
Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka
Liz Thornton, Alternate Commissioner, City of Plymouth
Commissioner Black moved to approve the Consent Agenda. Commissioner Langsdorf seconded the
motion. The motion carried unanimouslv with nine votes in favor. Commissioner Welch recommended the
removal of Counsel Communications from the Consent Agenda going forward. The Commission agreed.
Chair Loomis requested the addition of agenda item 6F - A report on the BCWMC's major plan
amendment request and the addition of agenda item 6G - an amendment to the BCWMC's CAMP
contract with the Metropolitan Council and the approval of Resolution 10-06 acknowledging the receipt of
a donation to cover the costs related to an additional CAMP sampling site. Commissioner Black moved to
approve the agenda as amended. Commissioner Harper-Lore seconded the motion. The motion carried
unanimouslv with nine votes in favor.
3. Citizen
on Non-Agenda Items
No citizen input on non-agenda items.
A. Presentation of the July 15, 2010, BCWMC meeting minutes. Approved under the Consent
Agenda.
B. Presentation of the Financial Statement. Approved under the Consent Agenda.
The general and construction account balances as reported in the July 2010 Financial Report:
Checking Account Balance
TOTAL GENERAL FUND BALANCE
624,560.69
624,560.69
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
2,057,049.20
533,957.50
500,000.00
3,091,006.70
2,755,077.52
335,929.18
[Commissioner Elder arrived.]
C. Presentation of Invoices for Payment Approval.
Invoices:
i. Kennedy & Graven - Legal Services through May 31, 2010 - invoice for the
amount of $1,652.15.
ii. Barr Engineering Company - Engineering Services through June 25, 2010 -
invoice for the amount of $37,791.73.
iii. Watershed Consulting, LLC - Administrator Services through June 30, 2010-
invoice for the amount of $3,406.74.
iv. Amy Herbert - June Administrative Services - invoice for the amount of
$3,337.01.
v. D'amico Catering - July 2010 meeting catering - invoice for the amount of
$329.99.
vi. MMKR - Audit Services - Final billing - invoice for the amount of $2,480.00.
vii. Prairie Moon Nursery - Seed Packets - invoice for the amount of $$69.47.
viii. Pauline Langsdorf - Education Committee Printing Reimbursements - invoice for
the amount of $55.56.
Chair Loomis asked to remove Watershed Consulting, LLC, from the roll call vote. Commissioner
Black moved to approve the payment of all other invoices. Commissioner Harper-Lore seconded
the motion. Bv call of roll. the motion carried unanimouslv with nine votes in favor.
Chair Loomis noted that the BCWMC's contract with Watershed Consulting, LLC, stipulates that
the BCWMC pay a maximum of $3,000 monthly for work invoiced by Watershed Consulting,
LLC, unless the Commission has granted prior approval for additional payment. Chair Loomis
explained that this month Watershed Consulting, LLC performed additional work at a cost
beyond the $3,000 limit. She stated that since in prior months the invoices were less than $3,000,
the $406.74 invoiced this month above the $3,000 limit would not result in the Commission being
overbudget for Administrator Services. Commissioner Welch made the following motion:
#249711 vI
BCWMC July 15, 2010 Meeting Minutes
2
· to approve directing the Administrator to contact the Chair in advance of exceeding the
$3,000 monthly bndget;
· to authorize the Chair to authorize the Administrator to exceed the $3,000 monthly
maximum as long as the costs on average do not exceed $3,000 per month and with the
understanding that the payment would be subject to approval of the full Commission at
the following Commission meeting; and,
· to direct Counsel to advise the Commission at the September BCWMC meeting whether
an amendment to the BCWMC's contract with the Administrator is necessary.
Commissioner Harper-Lore seconded the motion. Commissioner Black requested that when the
Administrator contacts the Chair to discuss a possible overage that the Administrator discuss with
the Chair what work would or would not be accomplished. She said that the information would
assist the Chair in her consideration of any monthly overages. The motion carried unanimouslv
with nine votes in favor.
Commissioner Black moved to approve the Watershed Consulting, LLC invoice. Commissioner
Welch seconded the motion. Bv call of roll. the motion carried unanimouslv with nine votes in
favor.
5. New Business
A. Update on the 2011 Clean Water Grant Program. Ms. Chandler reminded the Commission
that last year the BCWMC applied for and received Clean Water Grant funding for two projects.
She reported that the 2011 Clean Water Grant Program application period opens August 1, 2010,
and ends on September 15th. Ms. Chandler said she recommends that the Commission consider
whether it wants to apply for grant funds and if so, which projects the Commission would like to
include in its application. She said that there are three grant categories under which the
Commission's projects would be eligible. She said that there is one category or maybe two
categories under which the cities could apply for funding. Ms. Chandler said that the funding
levels are similar to last year's levels. She said that last year the BCWMC received $360,000 in
grant funds. She reminded the Commission that the cities of Golden Valley and Plymouth applied
for Hennepin County grant funds last year and were rewarded $260,000 between the two cities.
Ms. Chandler asked the Commission to decide if it wants to apply for the 2011 grant funds and if
so, to select the projects to be included in the application and to direct staff to prepare the
necessary materials for the application. She said that the Commission Engineer recommends
applying for funds for the two projects that were included in the Commission's recent major plan
amendment request. Ms. Chandler stated that those two projects are the Bassett Creek Main Stem
channel restoration project slated to begin in 2011 and the North Branch project. She said that the
feasibility studies are underway and hearings on the projects will be held in August and
September. Ms. Chandler recommended that the Commission wait until next year regarding
considering the Wirth Lake TMDL implementation project for grant funds because there are still
uncertainties on whether TMDL implementation projects are eligible for grant funds.
Ms. Chandler explained that the grant requires a 25 % local match of funds. She said she believes
it would be a stronger application if the Commission asks for funding only up to 50% of the
project cost. She said she could talk to BWSR about whether or not the percentage of project cost
requested in the grant application is weighed as an element of the application evaluation.
Commissioner Welch said he thought the Commission should keep its eyes on the language in the
application guidelines regarding ineligible projects in regard to water treatment facilities. Ms.
Chandler said she has been talking to BWSR for clarification since the language is confusing and
3
#249711 vI
BCWMC July 15,2010 Meeting Minutes
since BWSR is still trying to figure it out itself. She recommended leaving the Wirth project out of
the application for now. Commissioner Welch asked Ms. Chandler whether she had a sense of the
total suspended solids and the cost effectiveness of the two projects relative to each other and
relative to the projects that received last year's Clean Water Grant funding. Ms. Chandler replied
that Barr will do its best to include that information in the feasibility studies.
Commissioner Welch moved to authorize staff to address with BWSR some of the issues raised
regarding the applicant's funding match and to bring a recommendation to the Commission at the
August BCWMC meeting. Commissioner Black seconded the motion. The motion carried
unanimously with nine votes in favor.
Commissioner Welch moved to approve Engineering staff to begin preparing the grant
application for the two projects including the Main Stem from the Crystal boundary to Duluth
Street and the North Branch from 36th A venue to Bassett Creek. Commissioner Black seconded
the motion. The motion carried unanimously with nine votes in favor.
B. Discussion Regarding CIP Project NL-2: Dredge Pond NB-07 (Northwood Lake
improvement project). Mr. Asche explained that the 2013 CIP calls for the dredging of Pond
NB-07, which is located just prior to the discharge from Plymouth into Northwood Lake in New
Hope. He stated that in the past few weeks a potential opportunity has come up as part of a
redevelopment project to the Four Seasons Mall site. Mr. Asche said that the City is pursuing a
grant through the Metropolitan Council for a study of the redevelopment of this site including
investigating environmental improvement factors such as how to use water on the site as an
amenity. Mr. Asche added that he is asking the Commission to consider allowing the Commission
Engineer to participate in some of the planning process of the redevelopment study should the
City receive the grant because it would be a way to integrate some of the BCWMC's water quality
goals with the redevelopment project.
Ms. Chandler added that the possible wetland area that would be affected is 2.3 acres. She said
that the idea is that by integrating storm water improvements and water quality treatment in the
redevelopment area it could result in less work with the dredging project slated for pond NB-07.
Commissioner Welch asked if it would be helpful to have a functional values assessment of the
wetland sooner rather than later. Mr. Asche said one was conducted in 1994 and the City would
want to review that information prior to deciding if another one would be needed.
Ms. Chandler asked about the City's timeline for the grant application submittal and
redevelopment study and project. Mr. Asche said the application would be submitted in the next
day or two if it hadn't already been submitted. He stated that the City wouldn't be moving
forward with projects until 2013 so in the next 24 months the City would conduct the development
review process and would go through the site analysis process.
Commissioner Sicora moved to approve directing the Commission Engineer to work with the City
of Plymouth. Commissioner Black seconded the motion. Commissioner Welch made the friendly
amendment that wetlands enhancement and the possibility for regional wetlands creation as part
of a mitigation strategy would be included in the City and Commission Engineer's process.
Commissioner Sicora approved the friendly amendment to his motion. The motion carried
unanimously with nine votes in favor.
6.
C. TMDL Updates. Chair Loomis suggested moving the TMDL Updates to the top of the Old
#249711 vI
BCWMC July 15,2010 Meeting Minutes
4
Business agenda since an MPCA representative was attending to answer Commission
questions about the status of the Wirth Lake and Sweeney Lake TMDLs.
i. Wirth Lake TMDL. Administrator Nash reported that Brooke Asleson of the MPCA
was here as a resource during the update on the TMDLs. Administrator Nash
announced that the BCWMC has submitted the Wirth Lake TMDL to the MPCA and
that it is working its way through the MPCA routing process. Administrator Nash said
it will ultimately be going to the MPCA Commissioner's desk for signature. He said
there will be a public comment period and then it will be submitted to the U.S.
Environmental Protection Agency (EP A) in the second week of October for final
approval, which will be close to the November 1st deadline for the approval of the
implementation plan. Ms. Asleson commented that she hopes the TMDL will be public
noticed in early August. She explained that it would be open for public comments for
30 days after which the MPCA needs to wait 30 days before submitting the TMDL to
the EP A. She said that during the 30-day wait period the MPCA will address any
public comments as necessary. Ms. Asleson said that if there is an implementation plan
ready during that 30-day review period, the MPCA can use that time to review the
plan. She said that the TMDL would hopefully be submitted to the EPA in October.
Ms. Asleson said she has no way of knowing how long it would take the EP A to review
and approve the TMDL - it could take two weeks or up to three months.
ii. Sweeney Lake TMDL. Ms. Asleson stated that she thought it would be helpful to hold
a stakeholder meeting to talk about the issue of the external load removal in more
detail and to talk about where the numbers came from so that everyone has a greater
understanding. She said it would provide an opportunity to hear everyone's
perspective and would provide more information on why the MPCA settled on those
numbers. Ms. Asleson said she is recommending that a time is set to hold a stakeholder
meeting.
Commissioner Black said that she reviewed an item from the May meeting packet that
she had not reviewed at the time. She said the document provides comments on the
TMDL report. Commissioner Black said that given that so much of the lake has a
depth of less than 15 feet much of the lake area couldn't really be included in the alum
treatment. She said that she would like to know how the internal load reduction would
be accomplished. Mr. Oliver said that one possibility being discussed is alum dosing
upstream. Commissioner Black wondered how much of the acreage in the Sweeney
Lake watershed is already being treated by existing BMPS versus how much is not.
She wanted to know what potential there is for bringing treatment into the areas not
being treated by existing BMPs and whether the external load reduction could be
increased by bringing such treatment into those areas.
#249711 vI
Commissioner Welch said he thinks it would be a good idea to have a presentation at
the stakeholder meeting on the analysis that the consultant, the Commission Engineer,
and the TAC have reviewed and on how the numbers in the report were derived.
Commissioner Black added that she would like the presentation to address whether or
not a different external wasteload allocation number, such as the 150 pounds settled
on by the MPCA, could be reached or why not. Administrator Nash asked Ms. Asleson
if the wasteload allocation is the main issue or if there are other issues that the MPCA
would like addressed. Ms. Asleson said that she is still going through the report but she
believes that the main issue is the internal! external load allocations. She said she
thinks that the load allocation issue should be the primary focus of the stakeholder
meeting. Ms. Asleson proposed that she and Administrator Nash put together a
meeting agenda and an invitation list and that she would be happy to help
Administrator Nash put together the meeting materials and to get out the invitation
5
BCWMC July 15,2010 Meeting Minutes
list.
Commissioner Welch said it is important that Ron Leaf of SEH, Inc. come to the
meeting. He asked if there is any budget left for SEH's work on the TMDL. Chair
Loomis said there is no budget left. She commented that she agrees that there needs to
be a stakeholder meeting but added that the Commission needs to move forward. She
recommended that the Commission approve the TMDL with the change to the external
load reduction number listed in the report to the 150 pounds recommended by the
MPCA.
Ms. Asleson commented that she thought the stakeholder meeting could serve dual
purposes where the stakeholders could discuss where the numbers came from! the
TMDL equation and the development of the implementation plan based on
stakeholder input. Ms. Asleson said she thought that the implementation plan was part
of the contract with SEH. She commented that the BCWMC's contract with the
MPCA ends in February 2011 and she agreed that the project needs to keep moving
forward. Commissioner Black remarked that the tables in the report would need to be
changed to reflect a different wasteload allocation if the Commission decides to make
that change.
Administrator Nash said he thinks it would help the process if the Commission would
resolve which number the load allocation will be and that a decision would help the
MPCA to move ahead.
Commissioner Sicora recommended that SEH, Inc. draft the TMDL report with the
external wasteload allocation at 150 pounds.
Ms. Asleson said that part of the contract agreement is that the MPCA needs a
satisfactory TMDL report. She remarked that even if SEH is overbudget, SEH still
needs to fulfill the requirements of the contract even if it means not charging the
Commission for the work. She said she thought that SEH should not charge the
Commission for the additional work because part of the original contract was that
SEH would provide a satisfactory report.
Commissioner Black moved to direct Administrator Nash to work with the consultant
to develop a TMDL that includes removal of 150 pounds of phosphorus per year for
the external waste load allocation and to work with the MPCA to ensure that all
MPCA comments previously received by the BCWMC are addressed satisfactorily.
Commissioner Welch seconded the motion with the friendly amendment that the
consultant is SEH and to direct Administrator Nash to find an appropriate date and to
work with the MPCA to set up a stakeholder meeting. Commissioner Black agreed
with the friendly amendment. Administrator Nash remarked that he would likely need
to consult with the Commission Engineer on technical issues. The motion carried
unanimouslv with nine votes in favor.
Hi. Medicine Lake TMDL. Ms. Asleson reported that the Medicine Lake TMDL should be
going to the EP A for its preliminary review next week. She said that after the MPCA
receives the comments from the EPA's preliminary review the MPCA will work with
the consultant to address the comments. She said that usually the comments indicate
that there are items in the TMDL that need to be addressed. Ms. Asleson stated that
hopefully the Medicine Lake TMDL will be public noticed in the next couple of
months.
#249711 vI
BCWMC July 15,2010 Meeting Minutes
6
A. Status of City of Medicine Lake's Response to BCWMC's Comments on City's L WMP.
Ms. Chandler reported that the BCWMC received a revised Local Water Management Plan
(L WMP) back from the City in response to the Commission's comments. She said the Commission
Engineer recommends approval of the Plan. Commissioner Welch commented that the
Commission's policy is that all regulated stormwater is to be treated to Level I standards
throughout the watershed and he asked if the City revised its policy to meet that standard. Ms.
Chandler said the revised Plan meets the Commission's requirements. Commissioner Black moved
to approve the Plan. Commissioner Langsdorf seconded the motion. Commissioner Welch
commented that the City would have to follow the statutory requirement of adopting an erosion
and sediment control ordinance within ISO days of the City's adoption of its LWMP. Ms.
Chandler stated that the revised Plan does state that it would adopt an erosion and sediment
control ordinance by 2011. Alternate Commissioner Hoshal said that the City Council and City
Engineer are on board to get the ordinance adopted and that he doesn't foresee problems with the
City being able to meet the ISO-day timeframe. Commissioner Welch remarked that he thought
that the Commission should be as clear as possible in communications on plan reviews and
especially with regard to timing issues. Alternate Commissioner Hoshal asked if he should bring to
the Commission an update on the status of the ordinance at the September BCWMC meeting.
Commissioner Welch agreed that an update would be a good idea. The motion carried
unanimouslv with ei2ht votes in favor rCitv of Medicine Lake abstained from the votel.
B. TAC Recommendations
i. Planning for the BCWMC's Next Generation Plan. Administrator Nash reported that
the Commission's current Watershed Management Plan will expire in 2014 and the TAC is
getting a head start on determining issues of concern to address in the next generation of
the Plan. He stated that the TAC plans to tackle the issues a couple at a time and that the
TAC memo lists the issue categories currently on the radar. Administrator Nash said that
he would e-mail the TAC with questions about issues on the various categories as a way to
start the discussion but that there will be Commission involvement on the issues as well.
Commissioner Welch remarked that during the process of creating the current plan the
Commission did not have a technical advisory committee and that the make-up of the
Commission was very different. He said that the Plan is at the heart of what the
Commission does and the Commission needs to understand the Plan as it goes through the
process otherwise it could become a Plan that would be hard for the Commission to
implement. Commissioner Welch requested that the August meeting agenda include a
discussion on how to include commissioners in the Plan revision process.
Ms. Chandler stated that the Commission had asked the TAC to assess the status of issues
that will be reviewed as part of the revision process. She added that the Commission would
need to identify how it wants to address the issues. Mr. LeFevere suggested that the
Commission direct staff to give at a future BCWMC meeting an overview of the process
for the 2004 Watershed Management Plan revision. Commissioner Welch directed Ms.
Chandler to provide that information to the Commission and to include the roster for each
of the Committees that were part of the 2004 revision process. Commissioner Welch also
expressed a concern that the Commission could go through the planning process operating
in a reactive mode instead of being fully engaged in the process.
ii. Standardization of Water Quality Data Collection and Stormwater Modeling.
Administrator Nash explained that currently various cities and the Commission Engineer
and others may be collecting data and may be interpreting data using different methods.
He gave the example that the TAC noted that the CAMP protocol for sampling is different
from other protocols for lake sampling. Administrator Nash reported that the TAC asked
for the Commission Engineer to present to the TAC the methods Barr uses for sampling
7
#249711 vI
BCWMC July 15,2010 Meeting Minutes
and modeling. He said that the TAC would like to discuss this issue at a future TAC
meeting.
iii. Potential Gaps in the BCWMC's Non-degradation Requirements. Administrator
Nash explained that the TAC requested that he provide information on Nine Mile Creek
Watershed District's water banking program for a future discussion. He stated that TAC
member Lois Eberhart was going to investigate whether there was a previous discussion
by the TAC about non-degradation requirements and that she was planning to forward to
the TAC any information that she found. Commissioner Welch commented that he
thought the topic had come up when the TAC reviewed the BCWMC's document
"Requirements for Improvements and Development Proposals." He said that he would like
to receive the information that Ms. Eberhart forwards to the T AC. Commissioner Black
added that she would also like to receive any communications about the non-degradation
issues. Commissioner Welch commented that he had been involved in developing the
volume banking program for the Nine Mile Creek Watershed District and that he has
perspective on that as well as several other volume banking provisions that are in other
watershed districts' rules.
iv. TAC's Next Meeting. Administrator Nash reported that there will be no August TAC
meeting since the TAC is caught up on issues referred to them from the Commission. He
stated that the next TAC meeting will be held on September 2nd. Chair Loomis directed
that staff add to the August BCWMC agenda an item to set the September TAC agenda.
C. TMDL Updates
i. Wirth Lake TMDL [see previous discussion under the first Old Business item].
ii. Sweeney Lake TMDL [see previous discussion under the first Old Business item].
D. Weir on Sweeney Lake. Ms. Chandler reminded the Commission that in May the Commission
requested that the Commission Engineer work with the City of Golden Valley to investigate
options for removing the rock weir and for solutions to the erosion issues around the historic
outlet. She said that the Commission has met with the City to discuss options. Ms. Chandler said
that the Commission Engineer has also talked with the DNR for confirmation about the permit
process. She said that the DNR stated that a permit would be required for removal and
replacement of the historic outlet but that the temporary repair work and the removal of the
masonry dam would not require a permit.
Ms. Chandler said that the City of Golden Valley indicated that it would be best for the outlet to
be replaced and that the City would be willing to remove the masonry wall and to repair the
erosion. She said that the City is asking the Commission to add the replacement of the outlet to the
Commission's CIP. She said the cost estimate for the replacement project is $200,000. Ms.
Chandler said that the Commission Engineer recommends getting on the DNR's list for funding
from the Dam Safety program and that she received feedback that the application moves up on
the list if the funding request is for less than 100% of the project cost. She said that adding the
project to the Commission's CIP would take a Plan amendment. Ms. Chandler said that the
Commission Engineer recommends the Commission discuss whether it would like to add the outlet
replacement project to the CIP. She said that if the Commission thinks it would like to add the
project to the CIP then the Commission could direct the TAC to review the priorities currently in
the CIP and recommend when the outlet structure project should be done. Ms. Chandler also
recommended that the Commission submit as soon as possible a request to the DNR for dam
safety funding. Commissioner Black commented that she finds the $200,000 cost estimate shocking
because the City of Plymouth did a similar outlet structure project for $50,000.
Commissioner Sicora asked about the Commission's criteria for adding a project to the CIP. Ms.
#249711 vI 8
gBCWMC July 15,2010 Meeting Minutes
Chandler commented that it is a good policy question and that there are no similar projects
currently on the CIP. Mr. Oliver remarked that this outlet is part of the flood control system and
is critical to how the whole conveyance system works. Commissioner Welch said it would be
helpful to him if when this topic comes back in front of the Commission if staff had pulled for
Commission review the relevant Plan provisions. He said it would also be helpful for the
Commission to have a brief presentation on the ownership status and whether the work would be
done within the easement as it exists.
Chair Loomis directed staff to continue to investigate what information would be needed in order
for the project to be added to the Dam Safety funding list and to report back to the Commission
with the information and for the City of Golden Valley to remove the masonry construction and to
address the erosion issues as necessary. Commissioner Welch asked Ms. Chandler to forward the
DNR jurisdictional letter to him.
E. Mississippi Watershed Management Organization Plan Review. Ms. Chandler reported that
she reviewed the Plan as directed by the Commission. She said she reviewed it with the perspective
of what the Plan had or did not have that would affect the BCWMC. Ms. Chandler said that the
Plan does not acknowledge the joint cooperative agreement from 2000 where the Mississippi
WMO took on 1,000 acres from the BCWMC and that the agreement should be addressed in the
Plan. She said that the Plan also needs to discuss the differences between the old and the new
tunnel and to provide information on where the tunnels lead. Ms. Chandler reported that the Plan
figures indicate only the old tunnel and the figures need to be corrected to show the new tunnel as
well. She said that the BCWMC should review its jurisdictional boundaries because it looked like
there could be some differences depicted in the Mississippi WMO's Plan.
Commissioner Welch moved to approve the comments with the added direction to the
Commission Engineer to engage Counsel as necessary to confirm the jurisdictional boundary. Ms.
Chandler said that Administrator Nash could send the letter containing the comments to the
WMO by the August 9th deadline. Commissioner Welch said that his motion was for staff to send
the comments when they are finalized. Commissioner Black seconded the motion. Mr. LeFevere
commented that it makes sense to have the Commission Engineer to confirm with the Mississippi
WMO the jurisdictional boundaries. Commissioner Welch agreed that such direction was included
in his motion. The motion carried unanimouslv with nine votes in favor.
F. BCWMC's Major Plan Amendment Request - Update. Ms. Chandler reported that there
was a meeting of a committee of the Hennepin County Board of Commissioners. She said the
committee voted to progress the major plan amendment request meaning that no action was taken
on the issue. Ms. Chandler said that some of the commissioners had concerns about approving the
request because approving the Plan amendment then required them to approve the levy request to
the County for the projects. She said that the commissioners would like more information on the
amount that the BCWMC will be requesting for the tax levy and that the commissioners would
like to be reassured about the transparency of the process. Ms. Chandler said that the Commission
Engineer had a conversation with Joel Settles of Hennepin County about what information the
Board of Commissioners would like to receive. She said that Commission Engineer Len Kremer
drafted some comments for the BCWMC's consideration to include in a letter to the Board. Ms.
Chandler explained that the letter would need to be prepared and sent as soon as possible because
the Board will be meeting on July 22od.
Mr. LeFevere remarked that the County would like the BCWMC to levy its own taxes. He said if
the County, the Commission, and the Cities are interested in pursuing special legislation to enable
the Commission to levy its own taxes then perhaps the Commission could include such a comment
in its letter to the County. Chair Loomis replied that it could be a BCWMC policy discussion for
the future but the Commission isn't ready to communicate that interest to the County Board now.
9
#249711 vI
BCWMC July 15, 2010 Meeting Minutes
Commissioner Black said that the Commission could add a comment that the Commission would
support that type of policy discussion as part of its Plan update. Alternate Commissioner Hoshal
asked that the TAC discuss the BCWMC's future organization in terms of being organized as a
District, a WMO, or a special tax district. Mr. LeFevere said that it might be worthwhile for the
Commission to begin talking about it.
Commissioner Welch stated that he didn't want the Commission to include any comment to the
Board about improving the transparency of the process because it implies that the process has not
been transparent. He said that instead the comments should highlight the transparency of the
Commission's process including the two public hearings that the BCWMC will be holding. Mr.
LeFevere added that the letter also should included a comment to explain how many people are
part of the Plan amendment notification process including the County, state agencies and city
councils.
Commissioner Black asked for staff to inform her about the Board's July 2200 meeting time and
location. Ms. Chandler said that she would find the information and would send it to Ms. Herbert
to e-mail to the Commission.
Commissioner Welch said that the comments to the Board could include the BCWMC's
commitment that it won't increase its levy request over the amount requested last year. He asked
that Ms. Chandler also include language about the BCWMC's moving forward with applying for
2011 grant funds. Commissioner Welch moved to approve staff to prepare the comment letter to
the Hennepin County Board of Commissioners for Chair signature. Commissioner Black seconded
the motion. The motion carried unanimouslv with nine votes in favor.
G. Amend Contract with the Metropolitan Council for 2010 CAMP Participation and
Approve Resolution 10-06 acknowledging the receipt of a donation to cover the costs of an
additional sampling site on Sweeney Lake. Chair Loomis reported that a citizen has donated
funds to cover the cost through the CAMP program to conduct sampling in 2010 on an additional
site on Sweeney Lake. Commissioner Black moved to approve Resolution 10-06 recognizing the
receipt of the donation and to direct staff to send a thank you letter to the donor. Commissioner
Harper-Lore seconded the motion. The motion carried unanimously with nine votes in favor.
Administrator Nash stated that he would take care of drafting and sending the letter.
A. Chair:
i. Chair Loomis reported that the cities of New Hope and Golden Valley will be addressing the
Commission in the future regarding localized flooding issues and having Commission staff
work with the cities on the flooding issues.
ii. Chair Loomis reported that there will be a Clean Water Climate Adaptation Summit coming
up September 16th and 17th at the Minnesota Landscape Arboretum.
iii. Chair Loomis stated that she attended the Stormwater and Shoreline workshop put on by the
Minnehaha Creek Watershed District.
iv. Chair Loomis commented that there is a Mississippi River Forum being held this Friday and
that there is more information online at the National Park Service site for the Mississippi
River.
B. Administrator:
10
#249711 vI
BCWMC July 15, 2010 Meeting Minutes
i. Administrator Nash reported that the CIP work group met on June 10th and that he has been
directed to work with Barr Engineering on determining how to integrate the TMDL
implementation plan into the CIP.
ii. Administrator Nash stated that there will be an upcoming Administrative Services Committee
meeting to discuss the policy manual and the list of Administrator task priorities.
iii. Administrator Nash reported that Crane and Westwood Lakes will no longer be monitored by
the Three River Park District as of 2011. He reminded the Commission that he had been
directed to look into costs for sampling and lab analysis. He reported that the Met Council is
by far the cheapest for the lab analysis. Administrator Nash said a group calIed RNB out of
Detroit Lakes could conduct the monitoring and therefore the Commission could contract
separately for the monitoring and the laboratory analysis.
iv. Administrator Nash reported that on Monday he attended the MA WD (Minnesota Association
of Watershed Districts) water management summit in St. Cloud. He said that due to a
legislative audit, MA WD was gathering input on how to streamline water management
services across the state.
C. Commissioners:
i. Commissioner Welch reported that he had volunteered to give input to Conservation
Minnesota on its thumbs up! thumbs down rating. He said that the listing is completely
dependent on the MPCA's impaired waters listing and if the water body is listed as impaired
then it receives a thumbs down rating on the Conservation Minnesota Web site. Commissioner
Welch said Conservation Minnesota is open to meeting and discussing the rating and the
system with anyone from the Commission. He reported that Conservation Minnesota is also
looking for success stories to highlight successful implementation projects from Clean Water
Legacy funding. Commissioner Hoshal added that the BCWMC's success stories should also
be included on the BCWMC's Web site.
ii. Commissioner Welch reminded commissioners to engage city staff if commissioners notice that
best management practices are not being done or done correctly in their cities.
iii. Alternate Commissioner Hoshal reminded the Commission of the Monday, August 2nd
Medicine Lake City Council meeting that will start at 7:00 p.m. in the Medicine Lake City
Hall. He said that the Commission Engineer Len Kremer will be presenting to the City
Council.
iv. Commissioner Black announced that she brought copies of the City of Plymouth's
Environmental Extra newsletter and that anyone can contact City staff member Margie
Virgoren for copies of content for their use.
D. Committees: Education Committee:
i. Commissioner Langsdorf reported that the City Manager of New Hope asked to use the
BCWMC's exhibit at the City's open house and also commented that he would like to do more
in the area of watershed education.
ii. Commissioner Langsdorf announced that the exhibit was displayed at the City of Crystal's
50th Anniversary celebration.
iii. Commissioner Langsdorf stated that the West Metro Watershed Alliance (WMW A) met on
July 13th. She said that the WMW A is looking into developing a brochure on salt usage. She
asked if the Commission would like to receive the draft minutes from the WMW A meetings.
11
#249711 v1
BCWMC July 15,2010 Meeting Minutes
The Commission agreed that it would like the draft minutes to be included in the meeting
packets.
iv. Commissioner Langsdorf said that the Education Committee met today and discussed the
process of collecting the history of the watershed. She said that a subcommittee was formed to
work on the history idea and that the next Committee meeting will be held either on August 3fd
or 4th.
E. Counsel: No communications
F. Engineer: No communications
9.
Commissioner Welch moved to adjourn the meeting. Commissioner Black seconded the motion. The
meeting adjourned at 2:30 p.m.
Linda Loomis, Chair
Date
Amy Herbert, Recorder
Date
Pauline Langsdorf, Secretary
Date
12
#249711 vI
BCWMC July 15, 2010 Meeting Minutes
~lley
em ra du
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. E. 1. Award Contracts for the 2010 Building Maintenance Project NO.1 0-23 and the Golf
Maintenance 2010 Infrared Radiant Heat Replacement Project NO.1 0-24
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
Work to address building maintenance concerns has been underway for the last few years.
The 2010 program includes exterior repairs to the Public Safety, Park, Street and Vehicle
Maintenance Buildings. This work primarily consists of tuck pointing, door replacement, repair
and resealing of windows, and siding repairs.
In addition, the 2010-2014 Capital Improvement Program identifies replacing the Golf
Maintenance Building Infrared Radiant Heating System.
The 2010-2014 Capital Improvement Program includes $215,000 for building exterior repairs
(B-025, page 52) and $45,000 for the Golf Maintenance Building Infrared Radiant Heat
Replacement project (B-034, page 53).
The following bids were received for the 2010 Building Maintenance Project 10-23:
Flag Builders of Minnesota, Inc.
Restorations Systems, Inc.
AJ Spanjers Co., Inc.
Lindee Construction Services
$ 99,484.00
$110,440.00
$126,091.00
$162,315.96
The following bids were received for the Golf Maintenance Building Infrared Radiant Heating
System replacement Project 10-24:
Northern Air Corporation
$ 78,400.00
Attachment
EPI recommendation for award letter (2010 Building Maintenance), dated August 6,2010
(1 page)
EPI recommendation for award letter (Golf Maintenance - 2010 Infrared Radiant Heat
Replacement), dated August 6, 2010 (1 page)
Recommended Action
1. Motion to award a contract to Flag Builders of Minnesota, Inc. in the amount of $99,484
for the 2010 Building Maintenance Project NO.1 0-23.
2. Motion to award a contract to Northern Air Corporation in the amount of $78,400 for the
Golf Maintenance - 2010 Infrared Radiant Heat Replacement Project NO.1 0-24.
Environmental Process, Inc. ) 1m
715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700
Phon" 763-398-3040. Fro" 763-398-0121 · emIDI. eoim!>I,@=onectoom. www.go-epLcom epr - ".
August 6,2010
Mr. Al Lundstrom
Environmental Coordinator
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re: City of Golden Valley
2010 Building Maintenance
City Project No.: 10-23
EPI Project No.: 2010-146
I
Dear Mr. Lundstrom: \,
Environmental Process, Inc. (EPI) reviewed the City of Golden - 2010 Building Maintenance
project work scope with Mr. Scott Cooper of Flag Builders of Minnesota, Inc. and there were no
questions. Scott Cooper indicated that they fully understand the scope of work and that they will
be ready to start work in as in the tentative schedule. The work schedule will be discussed in the
preconstruction meeting. Flag Builders of Minnesota, Inc. will be the General Contractor and
will use subcontractors for the restoration (sealant, tuck pointing, etc.) work, painting, door
replacement, and concrete work.
Flag Builders of Minnesota, Inc. is based in Golden Valley, Minnesota. EPI has worked with
Flag Builders of Minnesota, Inc. in the past. Flag Builders of Minnesota, Inc. successfully
completed the City of Golden Valley - 2009 Building Maintenance Project in 2009. Based on the
review of project work scope with Flag Builders of Minnesota, Inc. and the fact that they are the
low bidder we recommend awarding the project to them.
EPI recommends that the base bid cost of $99,484.00 for the City of Golden Valley - 2010
Building Maintenance project be accepted from Flag Builders of Minnesota, Inc.
Please call (763) 398-3040 with any questions, comments.
Sincerely,
ENVIRONMENTAL PROCESS, INC.
0~A?~
Denny Langer, PE
Project Manager
Copy File 10-146
Environmental Process, Inc. m
715 Florida Avenue South, Suite 111, Golden Valley, MN 55426-1700
Phone, 763-398-3040 0 FID" 763-398-01210 "001, epimpl,@",onnecl.romo www.go-epi.com ept... 0 00 0
August 6,2010
Mr. AI Lundstrom
Environmental Coordinator
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55427
Re: City of Golden Valley
Golf Maintenance - 2010 Infrared Radiant Heat Replacement
City Project No.: 10-24
EPI Project No.: 2010-153
Dear Mr. Lundstrom: \ '
Environmental Process, Inc. (EPI) reviewed the City of Golden Golf Maintenance - 2010
Infrared Radiant Heat Replacement project work scope with Mr. Brad Atkins of Northern Air
Corporation and there were no questions. Brad Atkins indicated that they fully understand the
scope of work and that they will be ready to start work in as in the tentative schedule or as soon
as possible. The work schedule will be discussed in the preconstruction meeting. Brad Atkins
indicated that their bid included the Co-Ray-Vac brand of Infrared Radiant Heat System.
Northern Air Corporation is based in Vadnais Heights, Minnesota. EPI has worked with
Northern Air Corporation in the past. Northern Air Corporation successfully completed the City
of Golden Valley Street and Utility Maintenance DepartmentInfrared Radiant Heat Replacement
Project in 2007. Based on the review of project work scope with Northern Air Corporation and
the fact that they are the low bidder, although the only bidder, we recommend awarding the
project to them. The Engineers Estimated Construction Cost is $67,818.00 (See Attached).
EPI recommends that the base bid cost of $78,400.00 for the City of Golden Valley - Golf
Maintenance - 2010 Infrared Radiant Heat Replacement project be accepted from Northern Air
Corporation.
Please call (763) 398-3040 with any questions, comments.
Sincerely,
ENVIRONMENTAL PRqCESS, INC.
g~ ~. 4~
Denny Langer, PE
Project Manager
Copy File 10-153
alley
Mem ran um
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. E. 2. Award Contract for the 2010 Watermain Rehabilitation Project, City Improvement
Project No. 10-19
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Mitchell Hoeft, EIT, Engineer
Summary
The 2010 Watermain Rehabilitation Project includes the rehabilitation of two City owned
sections of watermain by installing an epoxy based structural cured-in-place pipe (CIPP)
inside the existing pipe. The two project CIPP locations that were bid include Boone Avenue
North between Golden Valley Road and Plymouth Avenue; and Legend Drive between
Golden Valley Road and Bassett Creek Drive. After reviewing the bids, staff recommends
proceeding with the Boone Avenue portion of the rehabilitation project only.
Bids for the Boone Avenue portion of the 2010 Watermain Rehabilitation Project, City
Improvement Project No. 10-19, were opened on August 5,2010. The following bids were
received:
Fer-Pal Construction USA LLC
Insituform Tech USA, Inc.
SAK Construction, LLC
Boone
$615,967.74
$621,345.60
$725,186.40
Staff has determined that the low bidder, Fer-Pal Construction of Taylor, Michigan is qualified
to perform the work contained in this contract.
Funding for the 2010 Watermain Rehabilitation Project is included in the 2010-2014 Capital
Improvement Program (W&SS-021, page 97). The budget is $1,722,000.
Staff will be working on bidding the portion Legend Drive Watermain Rehabilitation for
construction in 2011. Once again, it is likely that this project will be bid with a group of cities.
Recommended Action
Motion to award a contract for the 2010 Watermain Rehabilitation Project to the responsible
bidder, Fer-Pal Construction USA LLC, in the amount of $615,967.74.
alley
M rno urn
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. F. Approval of One Year Extension for Filing of Plat for 1017 Ravine Trail
Prepared By
Mark Grimes, Director of Planning and Development
Summary
Tom Hunt and Linda McCracken-Hunt, owners of the property located at 1017 Ravine Trail,
have requested to extend their final plat approval for the minor subdivision of their property to
September 1, 2011. The applicants intend to sell their home, and subdivide the property at
the time of sale. To date, their home remains unsold.
On April 1, 2008, the City Council approved the preliminary plat approval to split the lot
located at 1017 Ravine Trail. Per City Code, the final plat must be approved within 180 days
of preliminary plat approval. An extension to this timeframe would allow the applicants to
complete the sale process of their home prior to lot subdivision.
On October 6, 2009, the City Council approved an extension for the filing of the Final Plat
until September, 2010. On April 7, 2009, the City Council approved an extension for the filing
of the Final Plat until October 1, 2009. Ms. McCracken-Hunt's home remains unsold and she
is now asking for an extension until September 1,2011.
Attachment
Location Map (1 page)
Email from Linda McCracken-Hunt, dated August 9,2010 (1 page)
Recommended Action
Motion to approve an extension until September 1, 2011 to submit the final plat for the
property located at 1017 Ravine Trail.
>-
~
~
~
;:
~
J
~
1017 Ravine Trail I
5B HWY100 S TO Ell 131M
NB HWY100 S To ED 1394
'11181394 'tONf.I flWY100S
394 HOY l.N
...\,8
....
1$
p'
~
^-q-~
WAVZATA Bl.VD 1t.
A!\
NE Loop Pond
INTERSTATE 394
(l)
M~;;i {?'t;<of));;j W,:/j'l A'-.::.,MS ,- Cq;~r'g't:;": ~ t()SilS: G.lSi Al15:
e~
',siM,
Wittman. Lisa
From:
Sent:
To:
Cc:
Subject:
Attachments:
Linda McCracken-Hunt [LindaMH@StudioFiveArch.com]
Monday, August 09,201011:16 AM
Wittman, Lisa
Thomas E. Hunt
RE: Final Plat Deadline....
image001.jpg
Lisa
Tom and I would like to apply for another one-year extension for the final platting of our adjacent property at 1017
Ravine Trail in Golden Valley. I will plan on bringing the check for $125 over to your office sometime this week.
I hope that this email suffices as our written notification of the request - if you need more from us, please reply to this
email and let me know.
Linda
Linda McCracken-Hunt, FAIA, LEED GA
Studio Five Architects, Inc.
322 First Avenue North
Suite 600
Minneapolis, MN 55401
612-339.-0605 x108
612-801-2196 cell
lindamh@Studiofivearch.com
From: Wittman, Lisa [mailto:LWittman@ci.golden-valley.mn.us]
Sent: Tuesday, August 03,201011:09 AM
To: Linda McCracken-Hunt
Subject: Final Plat Deadline....
Hi Linda,
Just a reminder - you have until September 1 to submit your final plat. If you'd like to apply for another 1-year extension I
would need a letter or email request from you and the ~125 extension fee no later than Wednesday, August 11. I know
that seems early but the only City Council meeting between now and September 1 is on August 17. If you have any
questions feel free to call me or Mark Grimes at 763-593-8095.
Thanks,
Lisa
Lisa Wittman I Administrative Assistant I City of Golden Valley
7800 Golden Valley Road I Golden Valley, MN 55427 I 763-593-3992 I 763-593-8109 (Fax) I 763-593-3968 (TTY)
Iwittman@ci.Rolden-vallev.mn.u5
1
alley
M mo nd m
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. G. Continued Participation in Livable Communities Act for 2010-2010
Prepared By
Joe Hogeboom, City Planner
Summary
The Metropolitan Council has requested that the City renew its participation in the
Metropolitan Livable Communities Act Local Housing Incentives Account Program (LCA
LHIA). The program, aimed at creating and maintaining quality workforce and affordable
housing in suburban Minneapolis/St. Paul communities, has been in place since 1996. The
City has participated in this program since its inception. Participation in the program has
made the City eligible for various funding opportunities.
The City's participation in this program will end December 31,2010. The Metropolitan Council
has requested that the City elect to continue its participation in the program through 2020. To
do so, the City Council must adopt a resolution of support by September 1,2010. As part of
the continued participation, the Metropolitan Council has asked the City to establish the goal
of adding 68-104 new affordable housing units and 100-200 life-cycle housing units by 2020.
(Life-cycle housing typically serves those who are elderly and/or disabled. Life-cycle housing
can also qualify, under these criteria, as affordable housing.)
Attachments
The Livable Communities Act Description (3 pages)
Resolution Electing to Continue Participating in the Local Housing Incentives Account
Program Under the Metropolitan Livable Communities Act: Calendar Years 2010-2020
(2 pages)
Recommended Action
Motion to adopt Resolution Electing to Continue Participating in the Local Housing Incentives
Account Program Under the Metropolitan Livable Communities Act: Calendar Years 2010-
2020.
The Livable Communities Act (LCA)
The Minnesota Legislature created the Livable Communities Act (LCA) in 1995. The LCA is a
voluntary, incentive-based approach to address the Metropolitan Area's affordable and lifecycle
housing needs while providing funds to communities to assist them in carrying out their development
plans. LCA funds have leveraged millions of additional dollars in private and public investment that
has provided new jobs, housing choices, and business growth. The Legislature established the
Metropolitan Livable Communities Fund, including three on-going accounts from which eligible
communities could apply for funding:
. The Tax Base Revitalization Account (TBRA) helps cities clean up contaminated urban land
and buildings for subsequent redevelopment that could include commercial, industrial, or
housing opportunities. Supporting redevelopment opportunities that restore the tax base,
create or retain jobs, or add affordable housing to the region are the primary objectives of this
account. Projects funded through the TBRA foster increased reinvestment and infill near
existing housing and services and help clean up the environment and protect water quality in
the region's urban communities.
o From 1996 through 2009, $69.3 million in Tax Base Revitalization Account grants (238
grants in 38 communities) have assisted projects which are expected to:
· Leverage $3.68 billion in private investment
· Increase annual net tax capacity by $62.5 million
· Create or retain over 31,000 jobs
· Redevelop over 1,600 acres of former brownfields
. The Livable Communities Demonstration Account (LCDA) funds public infrastructure and
land assembly for development and redevelopment projects that achieve connected
development patterns that link housing, jobs and services, maximize the development
potential of existing or planned infrastructure and regional facilities, and expand affordable and
life-cycle housing options in the region. LCDA awards have been used to revitalize
communities and establish new neighborhoods as places for living, working, meeting daily
shopping needs and recreation. The LCDA program is a popular funding source to help
achieve regional and local community development objectives in the region's communities.
Funded project elements have included land acquisition, street infrastructure, pedestrian
connections, stormwater management infrastructure, and public-use structured parking to
support additional density. LCDA funding is a catalyst that enables cities and developers to
implement replicable models that expand development options in the market.
o From 1996 through 2009, $81.8 million in Demonstration Account funds (155 grants to
49 communities and three multi-city coalitions) have assisted projects which are
expected to:
· Leverage nearly $2.95 billion in private development investment
· Leverage over $1.1 billion in other public investment
· Provide over 21,500 new housing units
· Rehabilitate over 600 housing units - single-family houses, townhouses,
condominiums, rental apartments for families and seniors, and live-work housing
· Offer replicable examples of:
· Redevelopment and infill development including revitalized inner-city
communities with additional housing and job opportunities; redeveloped older
1
The Livable Communities Act
suburban downtowns and neighborhoods with additional housing opportunities
linked to neighborhood retail and commercial services and public spaces;
· Development in newer suburban communities, including town centers, that
connects jobs, a choice of housing types, retail and commercial services, and
community activities in close proximity.
· Provide better jobs/housing/transportation connections through added housing and
services in locations well served by transit;
· Assist projects in the predevelopment stage that show potential to evolve into
projects that could be funded with LCDA development grants; and
· Engage communities in working together to solve issues of regional and subregional
concern.
. The local Housing Incentives Account (lHIA) helps preserve and expand lifecycle and
affordable rental and ownership housing in the metropolitan area. LHIA grants have helped
produce new and rehabilitated affordable rental and homeownership housing in 50
communities in the region, promoting the Council's policy to expand and preserve lifecycle and
affordable housing options to meet changing demographic trends and market preferences, and
to support the region's economic competitiveness. In some cases, a single city may be
designated as the grantee for an award, while the actual housing units may be located in more
than one city.
o From 1996 through 2009, $20.4 million in Local Housing Incentives Account (LHIA)
grants (115 grants to 50 communities) have assisted with gap financing in proposals that
are expected to:
· Leverage nearly $304 million in private investment
· Stimulate over $191 million in estimated other public investment
· Develop 1,888 new affordable rental units
· Rehabilitate 717 affordable rental units
· Develop 462 new affordable ownership units
· Rehabilitate 352 affordable ownership units
· Provide home improvement loans to over 1,100 homeowners
. The land Acquisition for Affordable New Development (lAAND loan program) In 2008,
in partnership with the Minnesota Housing and the Family Housing Fund the Council initiated
the Land Acquisition for Affordable New Development (LAAND) program using $4 million in
LCDA funds to provide no-interest loans that would assist communities in efforts to address
their affordable housing need.
o In 2008 and 2009, the Council made 5 LAAND loans to 5 separate awardees, for a total
of $4 million. The awardees were Hopkins, Minneapolis, Saint Paul, the Carver County
Community Development Agency, and the Washington County Housing and
Redevelopment Authority. These loans are expected to:
· Help obtain site control of key parcels for future affordable housing projects
· Result in projects with a minimum of 20% affordable housing units
· The Inclusionary Housing Account (IHA) In 2000 and 2004 the Council awarded grants
from a one-time appropriation of funds to support affordable housing developments in which
the reduction of local controls and regulations resulted in reduced development costs. The
account is currently unfunded.
2
The Livable Communities Act
o In 2000 & 2004 the Council awarded Inclusionary Housing Account (IHA) grants totaling
almost $4.6 million (13 grants to 8 communities) to assist with gap financing for projects
that were expected to:
· Include $125 million in total development investment
· Help develop 134 new affordable condominiums and town homes
· Help develop 578 new rental units-271 of which are affordable to lower income
households
Total LCA Awards
From 1996 through 2009, the Metropolitan Council awarded a total of $198,731,459 in 578 grants and
loans. Over 90% of these LCA awards have been used to move forward to completion projects that
have leveraged over $9 billion in private and other public investment, created over 24,000 housing
units and nearly 31,000 jobs while adding over $62 million to the metro area tax base. During this
timeframe, 52 awards have been relinquished in full or in the majority, for a net award total of
$175,682,248 in 526 grants.
Applicant Eligibility
In order to be eligible to compete for this funding, the LCA requires interested communities to:
. negotiate long-term affordable and lifecycle housing goals with the Metropolitan Council;
. have in place an LCA Housing Action Plan to identify and give direction to the city's use of
programs, official controls and fiscal devices to help accomplish these negotiated goals; and
. contribute toward or expend locally a specified amount of local resources for affordable
housing each year they participate in the program. This contribution, or expenditure, is called
the Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) and is an amount equal
to the community's Livable Communities Demonstration Account levy. Communities must
expend or contribute at least 85% of their annual ALHOA obligation annually. Communities
have some flexibility in determining which local expenditures fulfill the ALHOA contribution.
Examples of ALHOA-qualifying expenditures include housing assistance, development or
rehabilitation efforts, the costs of local housing inspection and code enforcement, and local
taxes to support a local or county Housing and Redevelopment Authority.
Conclusion
The Livable Communities Act funding has been a valuable tool to help metropolitan area
communities:
. Build stronger communities through infill redevelopment of brownfields, tax base growth, and
new jobs
. Provide neighborhoods throughout the region with more housing opportunities linked to a mix
of neighborhood retail and commercial services, and public spaces
. Increase public/private investment to develop, improve, and preserve affordable and lifecycle
housing
(This document was adapted by Livable Communities staff on 6-21-10 from a document prepared for the 2009
American Planning Association Conference entitled Twin Cities Livable Communities Projects)
3
The Livable Communities Act
Resolution 10-43
August 17,2010
Member
introduced the following resolution and moved its adoption:
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT: CALENDAR YEARS 2010 - 2020
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections
473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended
to address housing and other development issues facing the metropolitan area defined by
Minnesota Statutes section 473.121, and;
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account, the Local
Housing Incentive Account and the Inclusionary Housing Account, is intended to provide
certain funding and other assistance to metropolitan-area municipalities, and;
WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans
under the Metropolitan Livable Communities Fund or eligible to receive certain polluted
sites cleanup funding from the Minnesota Department of Employment and Economic
Development unless the municipality is participating in the Local Housing Incentives
Account Program under Minnesota Statutes section 473.254, and;
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life-cycle housing
goals for that municipality that are consistent with and promote the policies of the
Metropolitan Council as provided in the adopted Metropolitan Development Guide, and;
WHEREAS, previously negotiated affordable and life-cycle housing goals for
municipalities participating in the Local Housing Incentives Account Program expire in
2010, and;
WHEREAS, a metropolitan-area municipality can participate in the Local Housing
Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the
municipality elects to participate in the Local Housing Incentives Program; (b) the
Metropolitan Council and the municipality successfully negotiate new affordable and life-
cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution
the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the
municipality establishes it has spent or will spend or distribute to the Local Housing
Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount
(ALHOA) for each year the municipality participates in the Local Housing Incentives
Account Program;
BE IT FURTHER RESOLVED that the Golden Valley City Council:
1. Elects to participate in the Local Housing Incentives Program under the Metropolitan
Livable Communities Act for calendar years 2011 through 2020.
Resolution 10-43 - Continued
August 17, 2010
2. Agrees to the following affordable and life-cycle housing goals for calendar years
2011 through 2020:
Affordable Housin Goals Ran e
68 - 1 04
3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it
plans to take to meet its established housing goals.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
alley
M mo m
Council
763-593-8006/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. H. Board/Commission Appointments
Prepared By
Linda Loomis, Mayor
Summary
Each year the City Council conducts interviews with persons who have applied to serve on a
board and/or commission. After the interviews are conducted the Council makes their
appointments.
Recommended Action
Motion to make the following appointments:
Envision Connection Proiect Board of Directors:
Lynn Gitalis
Cindy Inselmann
Hey
M mo ndum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
3. I. Second Consideration - Ordinance #446 - Adding a New Section 10.68: Outdoor Boilers
Prepared By
Joe Hogeboom, City Planner
Summary
The City is proposing to institute an ordinance that will enhance City Code by creating
language that addresses outdoor boilers. Outdoor boilers, most commonly used to burn wood
to produce electricity, create air quality, noise, and safety issues and are felt to be
inappropriate for urban settings.
The City Council approved the ordinance on its first consideration on August 4, 2010. If the
Council adopts the ordinance on its second consideration, it will be effective upon publication.
Attachment
Ordinance #446, Adding a New Section 10.68: Outdoor Boilers (1 page)
Recommended Action
Motion to adopt on Second Consideration, Ordinance #446, Adding a New Section 10.68:
Outdoor Boilers.
ORDINANCE NO. 446, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a New Section 10.68: Outdoor Boilers
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 10 "Public Protection, Crimes and Offenses" is
amended by adding Section 10.68 to read as follows:
Section 10.68: Outdoor Boilers
Subdivision 1. Purpose
This ordinance is intended to promote the health, safety and welfare and to
safeguard the health, comfort, living conditions, safety and welfare of the citizens of
the City due to the air pollution and fire hazards of outdoor burning in outdoor
boilers.
Subdivision 2. Definition
As used in this Section, "outdoor boiler" means a fuel burning device that is
designed to burn wood or other fuel that is installed outdoors or in structures not
normally intended for habitation by humans or domesticated animals which heats
building space or water via the distribution - typically through pipes - of a fluid
heated in the device.
Subdivision 3. Prohibited Acts
No person may install, use or maintain an outdoor boiler, nor allow anyone else to
install, use or maintain an outdoor boiler.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 10.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage and
publication as required by law.
Adopted by the City Council this 17th day of August, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. Virniq
Susan M. Virnig, City Clerk
alley
M 0 ndu
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley Council Meeting
August 17, 2010
Agenda Item
4. A. Public Hearing - Ordinance Requiring a Franchise Fee With Xcel Energy, First
Consideration
Prepared By
Jeannine Clancy, Director of Public Works
Ron Nims, Public Works Project Coordinator
Summary
At the May 11, 2010 and July 13, 2010 Council/Manager meetings, the Council directed staff
to develop a franchise agreement with Xcel Energy for Council consideration. After receiving
feedback from Xcel and legal counsel from Suburban Rate Authority, staff has developed the
rate schedule as follows:
AVERAGE ESTIMATED EQUIVALENT %OF %OF
MONTHLY ANNUAL TOTAL TOTAL
CUSTOMER CUSTOMER REVENUE MONTHLY ELECTRIC REVENU
CLASS COUNT SHARE FLAT FEE USAGE E SHARE
RESIDENTIAL 8,963 $215,120 $2.00 21% 34%
SMALL C&I - 597 $14,320 $2.00 2% 2%
NON-DEMAND
SMALL C&I - 396 $106,943 $22.50 17% 17%
DEMAND
LARGE C&I 119 $293,962 $206.00 60% 47%
(> 1 Mw)
The table shows the total percentage of electric usage by class along with the percentage of
revenue that each class contributes. The revised monthly flat fee franchise rates could be
added to electric user billings to generate approximately $630,000 per year as partial funding
for the Douglas Drive project. The proposed residential rate of $2.00/month is less than the
Boone Avenue surcharge, which was $3.65/month and expired in 2009. Staff has also
attached a copy of current franchise rates used by other communities in the area with Xcel
Energy.
Xcel has objected to the proposed franchise fee because the City is not proposing a franchise
fee for CenterPoint Energy. A letter staff received from Briggs and Morgan, Xcel Energy's
legal counsel, dated August 12, 2010 has been attached. The letter expresses Xcel's
objections regarding this issue.
To authorize the franchise fee with Xcel Energy, the Council must adopt an ordinance
requiring an electric franchise fee for providing electric service within the City of Golden
Valley. A draft franchise ordinance is attached for Council consideration. The following
schedule outlines the steps necessary should the Council decide to pursue the ordinance:
. Ordinance is presented at a Council meeting for the first
consideration
. Ordinance and a summary ordinance presented at a
Council meeting for the second consideration and adoption
. Ordinance publication in the official City publication
. Xcel has 60 days to formally accept the franchise fee
. Xcel begins collecting the franchise fee from rate payers
August 17, 2010
September 7, 2010
October 16, 2010
December 15, 2010
January 1, 2011
Jim Strommen, Kennedy & Graven, will present the proposed ordinance to Council.
Mr. Strommen represents the Suburban Rate Authority and many of its member cities on
utility matters.
Attachments
Minnesota City Surcharges - Electric (6 pages)
Draft Ordinance No. 447, Electric Franchise Ordinance (4 pages)
Correspondence from Briggs and Morgan dated August 12, 2010 (2 pages)
Recommended Action
Motion to adopt Ordinance No. 447, An Ordinance Requiring an Electric Franchise Fee From
Northern States Power, dba Xcel Energy, for Providing Electric Service Within the City of
Golden Valley.
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401 Updated: 08/01/2010
MINNESOTA CITY SURCHARGES - ELECTRIC Page 1 of 6
FRANCHISE FEES
A franchise fee as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in
the following Minnesota communities:
Indicates fee is not applied
(U) Indicates unincorporated community
..
,
.~ ~ / li;ilf~
>, " I>> .......< . ., " <
.... < ,i.iJ~<.,. <0 ..'
,1 '., . !J .. .. 1<"
- ., ..,
Aflon $2.00 $2.00 $5.00 $5.00 $1.00 $1.00 $1.00
Baker (U) a $3.25 $3.25 , <
Brooklyn Center $1.52 $3.10 $20.60 $99.00 $12.40 $12.40 $12.40 ~~' I,
Champlin $2.50 $8.00 $35.00 $125.00 $15.00 $15.00 $15.00 IiIl~
Chisago City $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 .
Circle Pines $2.75 $3.00 $35.00 - $3.00 - -
Coon Rapids b 4.0% 4.0% 4.0% 4.0%
COllage Grove $1.65 $1.65 $8.25 $33.00 $3.30 $0.83 $8.25
Deephaven $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50
Dilworth $1.75 $4.00 $14.00 $91.00 - $4.00 $14.00
Excelsior $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 1?12nt1
Faribault C $1.35 $1.60 $32.00 $280.00 - - "..;,; .
-
Goodview $2.75 $3.00 $25.00 $110.00 $25.00 $2.50 $10.00 '"..,Ii>
Grant $2.35 $2.00 $14.00 $75.00 $2.00 $2.00 $2.00
Hopkins $1.00 $2.00 $9.00 $63.00 tl.2 ~
Lindstrom $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 "^,
..1""
lillie Canada $2.75 $5.25 $40.00 $230.00 $15.50 $2.00 $3.00 ,
...~ ~YJ
Mahtomedi $1.30 $1.38 $14.40 $110.28 $12.71 $0.63 $14.84 .
Mankato $0.50 $0.25 $1.00 .
$1.00 $10.00 $130.00 $1.00 'v ~!
,,,,ii ,.,
Maplewood $0.75 $1.50 $9.00 $67.50 $0.75 $0.75 $0.75 ......' 'I~
3.0%
?100 kW at
5.0% 5.0% 5.0% primary or
Minneapolis d <100 kW at <100 kW at higher voltage
5.0% 5.0% 5.0% 01/2005
effective secondary secondary 5.0%
01/1994 voltage voltage ?100 kW at
secondary
voltage
Minnetonka $2.50 $4.50 $4.50 $4.50 - $4.50 $4.50 i1'11?~'7 0$!09/2018
Monticello $1.95 $5.50 $31.00 $190.00 $12.00 $12.00 $31.00 ~A'; __112027
'"""",'
Mound $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 $3.00 ..()li~()1t) 12131/2010
Mounds View 3.79% 3.79% 3.79% 3.79% 3.79% 3.79% 3.79% .01/,2010 12131/2010
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA CITY SURCHARGES - ELECTRIC
Updated: 08/01/2010
Page 2 of 6
; ~ 1ft
~ .
I
. , ill ~ ~ = ,
, 3
1 I ~ . :
j
$0.0023 $0.0016 n . .
New Brighton $0.0023 $0.0023 $0.0016 $0.0009 $0.0023 ^.~ .^^^
per kWh per kWh per kWh per kWh per kWh per kWh per kWh ___
New Hope $1.50 $4.50 $9.00 $36.00 $4.50 $4.50 $4.50
Newport $0.50 $1.00 $6.00 $50.00 $4.00 $1.00 $5.00 -
- ~ ~
North Mankato $0.75 $1.10 $9.25 $125.00 $13.25 $1.10 $9.25 ~
Oakdale $1.00 $2.00 $9.00 $7.50 $6.00 $1.50 $7.50
$0.0016 per kWh Customer peak demand less than 100 kW in calendar year I _ .._. ____
Owatonna
$0.0014 per kWh Customer peak demand greater than 100 kW in calendar year VI""""'" I
Prior Lake $1.50 $5.00 $10.00 $50.00 - - - O/IZUll
Richfield $2.05 $6.33 $14.08 $91.51 - - - D81201
-
Robbinsdale 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0%
Sartelle See the fee schedule in the Notes section.
3.0% Customers who purchase $50,000 or less in calendar year
Sauk Rapids nlllOnn!:l
1.5% That part which exceeds $50,000 in calendar year .-. ---
South St. Paul f 3.0% 3.0% 3.0% 3.0% O~ --
St. Cloud 9 3.0% 3.0% 3.0% 3.0% ml/4:W
2%
purchase
$$100,000 in
calendar year --.-..-.
St. Joseph $1.00 $1.75 $10.00 $8.00 $1.00 $10.00
1.5%
that part
>$100,000 in
calendar year
St. Louis Park $1.25 $4.00 $10.00 $65.00 - $4.00 $10.00 ..
~, -
St. Michael $2.50 $2.50 $2.50 $10.00 $10.00 $2.50 $10.00
St. Paul h See the fee schedule in the Notes section.
St. Paul Park $1.50 $2.00 $25.00 $335.00 $10.00 $1.00 $5.00
Stillwater $2.00 $2.50 $18.00 $125.00 $4.00 $2.00 $18.00 1212l _
Watertown $3.00 $4.50 $16.00 $51.00 $13.50 $21.00 -.-
...
Wayzata $2.00 $4.50 $4.50 $15.00 $1.00 $1.00 $1.00 03J?1 )
West St. Paul i 5.26% 5.26% 5.26% 5.26% - - - 1211' 166
White Bear Lake 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% OS/H 198
Winona 4.0% Customers who purchase $100,000 or less in calendar year 06/2003
1.5% That part which exceeds $100,000 in calendar year
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA CITY SURCHARGES - ELECTRIC
Updated: 08/01/2010
Page 3 of 6
NOTES
a Baker: (Not a franchise fee.) Represents a city fee collected to cover energy usage and maintenance on community street lighting.
b Coon Rapids: The franchise fee excludes rate schedules for highway lighting, municipal street lighting, municipal water pumping, municipal fire
sirens, and municipal sewage disposal service.
C Faribault: The franchise fee excludes invoices to the city for street lighting and municipal pumping.
d Minneapolis: The franchise fee for the residential customer class will change to 4.5% effective January 1, 2013.
e Sartell: Effective with January of the respective years, the monthly franchise fee will be as follows:
· 2007 and 2008
· 2009 and 2010
· 2011 and 2012
$2.50
$2.75
$3.00
· 2013 and 2014
· 2015 and 2016
· 2017 and 2018
$3.25
$3.50
$3.75
· 2019 and 2020
. 2021 and 2022
· 2023
$4.00
$4.25
$4.50
f South St. Paul: The franchise fee excludes rate schedules for highway lighting, municipal street lighting, municipal water pumping, municipal
traffic signals, municipal fire sirens, and municipal sewage disposal service.
9 St. Cloud: The franchise fee for residential heating customers will be 1.5% during the months of November - April.
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA CITY SURCHARGES - ELECTRIC
Updated: 08/01/2010
Page 4 of 6
h St Paul: The monthly franchise fee will be as stated below. The residential service franchise fee will be as stated except during the months of
November - April when there will be no fee. The fee shall not exceed $620,000 during any calendar year from any large commercial and
industrial customer qualifying for service on the Competitive Market Rider. The schedule below shows the meter, energy, and demand factor for
each year of the SI. Paul franchise and for each of the customer classifications.
Start Date 1 -Nov-2006 1-Nov-2012
End Date 31-0ct-2008 31-0ct-2014
Residential (May - October) $2.63 $2.84
Small Commercial & Industrial
Non-Demand $2.96 $3.22 $3.35 $3.48
Firm Secondary $2.96 $3.22 $3.35 $3.48
Firm Primary $2.96 $3.22 $3.35 $3.48
Interruptible Secondary $2.96 $3.22 $3.35 $3.48
Interruptible Primary $2.96 $3.22 $3.35 $3.48
Large Commercial & Industrial
Special $5.04 $5.18 $5.25 $5.32
Firm Secondary $5.04 $5.18 $5.25 $5.32
Firm Primary $5.04 $5.18 $5.25 $5.32
Firm Trans. Trans!. $5.04 $5.18 $5.25 $5.32
Interruptible Secondary $5.04 $5.18 $5.25 $5.32
Interruptible Primary $5.04 $5.18 $5.25 $5.32
Interruptible TT $5.04 $5.18 $5.25 $5.32
Standby Service None None None None
Public Street & Highway Lighting $6.74 $6.88 $6.95 $7.02
Small Municipal Pumping
Non-Demand $2.96 $3.22 $3.35 $3.48
Demand Secondary $2.96 $3.22 $3.35 $3.48
Demand Primary $2.96 $3.22 $3.35 $3.48
Large Municipal Pumping
Demand Primary (Sec cust) $2.96 $3.22 $3.35 $3.48
Fire and Civil Defense Siren Service $2.96 $3.22 $3.35 $3.48
Start Date 1-Nov-2016 1-Nov-2020 1-Nov-2022 1-Nov-2024
End Date 31-0ct-2018 31-0ct-2022 31-0ct-2024 31-Au -2026
Residential (May - October) $3.03 $3.27 $3.40 $3.54
Small Commercial & Industrial
Non-Demand $3.62 $3.76 $3.91 $4.07 $4.23
Firm Secondary $3.62 $3.76 $3.91 $4.07 $4.23
Firm Primary $3.62 $3.76 $3.91 $4.07 $4.23
Interruptible Secondary $3.62 $3.76 $3.91 $4.07 $4.23
Interruptible Primary $3.62 $3.76 $3.91 $4.07 $4.23
Large Commercial & Industrial
Special $5.53 $5.75 $5.98 $6.22 $6.47
Firm Secondary $5.53 $5.75 $5.98 $6.22 $6.47
Firm Primary $5.53 $5.75 $5.98 $6.22 $6.47
Firm Trans. Trans!. $5.53 $5.75 $5.98 $6.22 $6.47
Interruptible Secondary $5.53 $5.75 $5.98 $6.22 $6.47
Interruptible Primary $5.53 $5.75 $5.98 $6.22 $6.47
Interruptible TT $5.53 $5.75 $5.98 $6.22 $6.47
Standby Service None None None None None
Public Street & Highway Lighting $7.30 $7.59 $7.90 $8.21 $8.54
Small Municipal Pumping
Non-Demand $3.62 $3.76 $3.91 $4.07 $4.23
Demand Secondary $3.62 $3.76 $3.91 $4.07 $4.23
Demand Primary $3.62 $3.76 $3.91 $4.07 $4.23
Large Municipal Pumping
Demand Primary (Sec cust) $3.62 $3.76 $3.91 $4.07 $4.23
Fire and Civil Defense Siren Service $3.62 $3.76 $3.91 $4.07 $4.23
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA CITY SURCHARGES - ELECTRIC
Updated: 08/01/2010
Page 5 of 6
St. Paul: (continued)
Start Date 1-Nov-2006 1-Nov-2010
End Date 31-0ct-2008 31-0ct-2012
Residential (May - October) $0.0094 $0.0096
Small Commercial & Industrial
Non-Demand $0.0040 $0.0040 $0.0040 $0.0040
Firm Secondary $0.0018 $0.0018 $0.0018 $0.0018
Firm Primary $0.0018 $0.0018 $0.0018 $0.0018
Interruptible Secondary $0.0018 $0.0018 $0.0018 $0.0018
Interruptible Primary $0.0018 $0.0018 $0.0018 $0.0018
Large Commercial & Industrial
Special $0.0028 $0.0028 $0.0028 $0.0028
Firm Secondary $0.0013 $0.0013 $0.0013 $0.0013
Firm Primary $0.0013 $0.0013 $0.0013 $0.0013
Firm Trans. Trans!. $0.0013 $0.0013 $0.0013 $0.0013
Interruptible Secondary $0.0013 $0.0013 $0.0013 $0.0013
Interruptible Primary $0.0013 $0.0013 $0.0013 $0.0013
Interruptible TT $0.0013 $0.0013 $0.0013 $0.0013
Standby Service None None None None
Public Street & Highway Lighting $0.0040 $0.0040 $0.0040 $0.0040
Small Municipal Pumping
Non-Demand $0.0040 $0.0040 $0.0040 $0.0040
Demand Secondary $0.0018 $0.0018 $0.0018 $0.0018
Demand Primary $0.0018 $0.0018 $0.0018 $0.0018
Large Municipal Pumping
Demand Primary (Sec cust) $0.0018 $0.0018 $0.0018 $0.0018
Fire and Civil Defense Siren Service $0.0018 $0.0018 $0.0018 $0.0018
Start Date 1-Nov-2016 1-Nov-2020 1-Nov-2022 1-Nov-2024
End Date 31-0ct-2018 31-0ct-2022 31-0ct-2024 31-Au -2026
Residential (May - October) $0.0102 $0.0110 $0.0115 $0.0119
Small Commercial & Industrial
Non-Demand $0.0042 $0.0043 $0.0045 $0.0047 $0.0049
Firm Secondary $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Firm Primary $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Interruptible Secondary $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Interruptible Primary $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Large Commercial & Industrial
Special $0.0029 $0.0030 $0.0031 $0.0033 $0.0034
Firm Secondary $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
Firm Primary $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
Firm Trans. Trans!. $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
Interruptible Secondary $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
Interruptible Primary $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
Interruptible TT $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
Standby Service None None None None None
Public Street & Highway Lighting $0.0042 $0.0043 $0.0045 $0.0047 $0.0049
Small Municipal Pumping
Non-Demand $0.0042 $0.0043 $0.0045 $0.0047 $0.0049
Demand Secondary $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Demand Primary $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Large Municipal Pumping
Demand Primary (Sec cust) $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Fire and Civil Defense Siren Service $0.0019 $0.0019 $0.0020 $0.0021 $0.0022
Northern States Power Company, a Minnesota corporation
Minneapolis, Minnesota 55401
MINNESOTA CITY SURCHARGES - ELECTRIC
Updated: 08/01/201 0
Page 6 of 6
St. Paul: (continued)
Start Date
End Date
Residential (May - October)
Small Commercial & Industrial
Non-Demand
Firm Secondary
Firm Primary
Interruptible Secondary
Interruptible Primary
Large Commercial & Industrial
Special
Firm Secondary
Firm Primary
Firm Trans. Trans!.
Interruptible Secondary
Interruptible Primary
Interruptible TT
Standby Service
Public Street & Highway Lighting
Small Municipal Pumping
Non-Demand
Demand Secondary
Demand Primary
Large Municipal Pumping
Demand Primary (Sec cust)
Fire and Civil De/ense Siren Service
Start Date
End Date
Residential (May - October)
Small Commercial & Industrial
Non-Demand
Firm Secondary
Firm Primary
Interruptible Secondary
Interruptible Primary
Large Commercial & Industrial
Special
Firm Secondary
Firm Primary
Firm Trans. Trans/.
Interruptible Secondary
Interruptible Primary
Interruptible TT
Standby Service
Public Street & Highway Lighting
Small Municipal Pumping
Non-Demand
Demand Secondary
Demand Primary
Large Municipal Pumping
Demand Primary (Sec cust)
Fire and Civil De/ense Siren Service
1-Nov-2006
31-0ct-2008
None
None
$1.10
$1.06
$1.06
$1.06
1-Nov-2016
31-0ct-2018
None
1-Nov-2010 1-Nov-2012 1-Nov-2014
31-0ct-2012 31-0ct-2014 31-0ct-2016
None None None
None None None
$1.10 $1.10 $1.10
$1.06 $1.06 $1.06
$1.10 $1.10 $1.10
$1.06 $1.06 $1.06
None None None
$1.10 $1.10 $1.10
$1.06 $1.06 $1.06
$1.06 $1.06 $1.06
$0.81 $0.81 $0.81
$0.71 $0.71 $0.71
$0.57 $0.60 $0.63
$0.36 $0.39 $0.42
None None None
None None None
$1.10 $1.10 $1.10
$1.06 $1.06 $1.06
$1.06 $1.06 $1.06
$1.06 $1.06 $1.06
1-Nov-2020 1-Nov-2022 1-Nov-2024
31-0ct-2022 31-0ct-2024 31-Au -2026
None None None
None None None None
$1.19 $1.24 $1.29 $1.34
$1.15 $1.19 $1.24 $1.29
$1.19 $1.24 $1.29 $1.34
$1.15 $1.19 $1.24 $1.29
None None None None
$1.19 $1.24 $1.29 $1.34
$1.15 $1.19 $1.24 $1.29
$1.15 $1.19 $1.24 $1.29
$0.88 $0.91 $0.95 $0.99
$0.77 $0.80 $0.83 $0.86
$0.68 $0.71 $0.74 $0.77
$0.45 $0.47 $0.49 $0.51
None None None None
None None None None
$1.19 $1.24 $1.29 $1.34
$1.15 $1.19 $1.24 $1.29
$1.15 $1.19 $1.24 $1.29
$1.15 $1.19 $1.24 $1.29
None
$1.10
$1.06
$1.10
$1.06
; West St. Paul: (Not a franchise fee.) Represents a city fee on gross earnings derived from the sale of electricity within the city pursuant to city
code (approved in 1966). The gross earnings sum excludes electric energy supplied to the city for municipal services.
None
$1.10
$1.06
$1.06
$0.81
$0.71
$0.51
$0.30
None
None
$1.14
$1.10
$1.14
$1.10
None
$1.14
$1.10
$1.10
$0.84
$0.74
$0.66
$0.44
None
None
$1.14
$1.10
$1.10
$1.10
ORDINANCE NO. 447, 2ND SERIES
ELECTRIC FRANCHISE ORDINANCE
CITY OF GOLDEN VALLEY, HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE REQUIRING AN ELECTRIC FRANCHISE FEE FROM
NORTHERN STATES POWER D/B/AXCEL ENERGY FOR PROVIDING
ELECTRIC SERVICE WITHIN THE CITY OF GOLDEN VALLEY
THE CITY OF GOLDEN VALLEY ORDAINS:
SECTION 1. The City Code is hereby amended as follows:
Subd. 1. Purpose. The Golden Valley City Council has determined that it is in the
best interest of the City to impose a franchise fee on those public utility companies that
provide electric services within the City of Golden Valley. Pursuant to City Ordinance No.
394, 2nd Series, a Franchise Agreement between the City and Northern States Power
Company, d/b/a Xcel Energy ("Company"), the City has the right to impose a franchise fee
on the Company in amount and fee design pursuant to Section 9 of Ordinance 394, 2nd
Series. It provides, among other things, that the City and Company shall negotiate a
separate franchise fee ordinance.
Subd. 2. Franchise Fee Statement. This ordinance sets forth the terms and
conditions under which Xcel shall collect an electric franchise fee from customers located
within the City. The fee and payment schedule is attached hereto and made a part of this
ordinance. The Company will begin collection of the fee, after notice to customers, within
sixty (60) days after the City Council adopts this ordinance. Except as modified in this
Ordinance, the City reaffirms the provisions of Ordinance 394, 2nd Series, including its right
to modify this franchise fee.
Subd. 3. Payment and Fee DesiQn. The franchise fee shall be payable to the City in
accordance with the schedule attached as Exhibit A. This is an account-based fee. In the
event that an entity covered by this ordinance has more than one meter at a single
premise, but only one account, only one fee shall be assessed to that account. If a premise
has two or more meters being billed at different rates, the Company may have an account
for each rate classification, which will result in more than one franchise fee assessment for
electric service to that premise. If the Company combines the rate classifications into a
single account, the franchise fee assessed to the account will be the largest franchise fee
applicable to a single rate classification for energy delivered to that premise. In the event
any entities covered by this ordinance have more than one premise, each premise
(address) shall be subject to the appropriate fee. In the event a question arises as to the
proper fee amount for any premise, the Company's manner of billing for energy used at all
similar premises in the City will control.
Subd. 4. SurcharQe. The City recognizes that the Minnesota Public Utilities
Commission allows the utility company to add a surcharge to customer rates to reimburse
such utility company for the cost of the fee and that Company will surcharge its customers
in the City the amount of the fee.
Subd. 5. RiQht of Way Permit Fees Waiver. Beginning the date the Company begins
collecting franchise fees from customers in the City until the City gives notice to Company
of City's desire to impose both franchise fees and require permit fees pursuant to chapter 7
of the City Code ("Permit Fees"), City waives any and all Permit Fees the City would
otherwise have the right to impose on Company. If the City intends to require both Permit
Fees and franchise fees from the Company, the City shall give the Company thirty (30)
days written notice of such intent before charging Permit Fees. Company does not hereby
waive its right to object to a City withdrawal of this waiver of Permit Fees, and reserves all
rights under law. Notwithstanding the above Permit Fee waiver, Company shall remain
subject to all other requirements of chapter 7 of the City Code not superseded by the
specific terms of Ordinance 394, 2nd Series.
Subd. 6. Record Support for Payment. Company shall make each payment when
due and, if requested by the City, shall provide at the time of each payment a statement
summarizing how the franchise fee payment was determined, including information
showing any adjustments to the total surcharge billed in the period for which the payment is
being made to account for any uncollectibles, refunds or error corrections.
Subd. 7. Enforcement. Any dispute, including enforcement of a default regarding this
ordinance, will be resolved in accordance with Section 2.5 of Ordinance 394, 2nd Series.
Subd. 8. Effective Date of Franchise Fee. Notwithstanding the effective date of this
ordinance and notwithstanding any contrary provisions in the Franchise, the effective date
of the fee collected under subdivision 2 of this ordinance is the later of ten (10) days after
the publication or after the sending of written notice enclosing a copy of this adopted
ordinance upon Company by certified mail. Fee collection under this ordinance will
commence in accordance with the terms set forth in subdivision 2.
Subd. 9. City Use of Franchise Fees Collected bv the Company. If the City is
imposing a franchise fee on the Company and not imposing a same or similar franchise fee
on CenterPoint Energy, the City shall use the fees collected by Company only for
infrastructure projects within the City. For purposes of this ordinance, infrastructure projects
shall include expenditures for any and all construction, maintenance, repair, improvement
to, or replacement of rights-of-way and other public ground, including City or public utility
facilities, City buildings or other City structures. This limitation on the use of fees collected
by Company shall terminate immediately upon City's requirement of CenterPoint to collect
a franchise fee that is reasonably the same or similar, among similar classes of customers,
as those fees imposed on Company. Upon the City's requirement that CenterPoint collect
franchise fees the City shall have no restriction on the use of the franchise fees collected by
Company, except as otherwise required by law.
SECTION 2. This ordinance takes effect as provided herein.
Adopted by the City Council this 7th day of September, 2010.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
(This ordinance will be uncodified and referenced in Chapter 25 of the City Code).
EXHIBIT A
XCEL ENERGY ELECTRIC FRANCHISE
FEE SCHEDULE
Class
Residential
Small Commercial & Industrial- Non-Demand
Small Commercial & Industrial- Demand
Large Commercial & Industrial
Fee Per Meter. Monthlv
$ 2.00
$ 2.00
$ 22.50
$206.00
Franchise fees are to be collected by the Company in the amounts set forth in the above
schedule, and submitted to the City on a quarterly basis as follows:
January - March collections due by April 30
April- June collections due by July 31
July - September collections due by October 31
October - December collections due by January 31
BRIGGS
2200 IDS Center
80 South 8th Street
Minneapolis MN 55402-2157
tel 612.977.8400
fax 612.977.8650
August 12,2010
Thomas J. Basting, Jr.
(612) 977-8406
tbasting@briggs.com
VIA EMAIL & U.S. MAIL
James M. Strommen, Esq.
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402 \ '
Re: City of Golden Valley Proposed Franchise Fee Ordinance
Dear Mr. Strommen:
I am writing with regard to the ongoing negotiations between Xcel Energy and Golden
Valley concerning proposed franchise fee terms; specifically those terms set forth in your August
5 memorandum to Pat Cline and Michelle Swanson. I want to begin by thanking you and
Golden Valley city staff for your efforts in working with Xcel Energy representatives towards
the goal of reaching mutually-acceptable franchise fee terms. For the reasons set forth below,
however, Xcel Energy cannot accept the franchise fee terms proposed in your August 5
memorandum.
Xcel Energy's primary objection is that the proposed unilateral franchise fees would
place Xcel Energy at a competitive disadvantage vis-a-vis other energy suppliers within Golden
Valley. While all energy markets are competitive, this is particularly true for commercial energy
users who often have resources allowing them to switch between energy sources in order to
minimize energy costs. Agreeing to municipal franchise fees imposed on its customers when
equivalent fees are not imposed on customers of other energy suppliers within the City, would
place Xcel Energy at a competitive price disadvantage. For this reason, Xcel Energy's
longstanding policy has been to negotiate equivalent fee provisions with those municipalities
seeking to impose franchise fees. Almost universally, Xcel Energy's municipal franchise fee
agreements contain an equivalent fee provision -and are imposed uniformly on all energy
suppliers within a municipality. The rare exception where Xcel Energy has agreed to collect
franchises fees from its customers when equivalent fees are not imposed on other energy
suppliers is limited to the situation where reasonable franchise fees are dedicated exclusively
toward improving Xeel Energy facilities. In such a circumstance, such as with the Minnetonka
ordinance which we discussed, the competitive disadvantage to Xcel Energy may be offset by
improvement to company facilities.
Briggs and Morgan, Professional AsSOciation
MinneiJpolis I St PiJui I www.briggs.com
Member. lex Mundi, a GlobiJl Association or Independent law Firms
BRIGGS AND MORGAN
James M. Strommen, Esq.
August 12, 2010
Page 2
The franchise fee terms proposed in your August 5 memorandum do not assuage Xcel
Energy's concerns. Under your August 5 proposal, Xcel Energy would have already lost
multiple customers before the City would even consider imposing equivalent franchise fees on
other energy suppliers within the City. The damage would already be done. And even if Xed
Energy were to lose multiple customers, your August 5 proposal would leave the decision to
impose equivalent fees on other energy suppliers entirely within Golden Valley's discretion.
Such discretionary. decision-making would be nearly impossible to administrate. Finally, the
future of energy technplogy is uncertain and difficult to predict. Xcel Energy cannot agree to
place itself at a competitive price disadvantage when the future effects of such action cannot be
kn \ I
own. \. \
While this letter focuses on the equivalent fee provision proposed in your August 5
memorandum, other issues need to be resolved including, but not limited to, terms concerning
franchise fees in lieu of permit fees.
Because Franchise Section 2.5 requires the parties to meet within 30 days after written
notice of a dispute between the parties for good faith negotiation of the dispute, please contact
me at your earliest convenience to schedule a such a meeting. It is my understanding that City
staff have placed their proposed fee ordinance on the Golden Valley City Council agenda for
consideration next Tuesday, August 17. Because the Franchise dispute resolution procedure
requires good faith negotiation of franchise fee terms, I request that consideration of the staff
proposed fee ordinance be postponed to allow the dispute resolution procedure to run its course.
It is Xeel Energy's sincere hope and belief that Xce1 Energy and Golden Valley will be
able to reach mutually-agreeable franchise fee terms through the formal dispute resolution
process.
TJB/wmc
cc: Golden Valley City Manager
P. Cline
M. Swanson
J. Thulien-Smith
26446 I Ov2
alley
Mem ran m
Planning
763-593-8095 I 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
"60 Days" Deadline: August 24,2010
Agenda Item
4. B. Public Hearing - Preliminary Plat Approval - Cloverleaf Woods - 500 Cloverleaf Drive
Prepared By
Joe Hogeboom, City Planner
Summary
Matt Pavek, Golden Valley Land Co., has proposed to subdivide the property located at 500
Cloverleaf Drive into two separate lots. As part of this proposal, the existing home at 500
Cloverleaf Drive, as well as the shed, will be demolished.
The proposed minor subdivision meets the criteria of City Code, including the requirement
that each new lot is at least 10,000 square feet in area and that each new lot have at least 80
feet of width at the front yard building setback line. Proposed setback boundaries (building
envelopes) of the proposed lots would allow generous-sized homes to be constructed without
variances.
The proposed subdivision qualifies as a minor subdivision because the property located at
500 Cloverleaf Drive is part of a recorded plat, and the request consists of less than four
newly established lots. Seven specific criteria that govern minor subdivision requests are
outlined, in their entirety, in the staff report to the Planning Commission, dated July 21, 2010.
Attachment
Location Map (1 page)
Planning Commission Minutes dated July 26, 2010 (4 pages)
Memo to Planning Commission dated July 21, 2010 (3 pages)
Memo from City Engineer Jeff Oliver dated July 15, 2010 (3 pages)
Photos of the property (4 pages, loose in agenda packet)
Site Plans (3 oversized pages, loose in agenda packet)
Recommended Action
Motion to approve the preliminary plat for Cloverleaf Woods subject to the following
conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2. The City Engineer's memo, dated July 15, 2010, shall become part of the approval.
3. A park dedication fee in an amount determined by the City Council shall be assessed at the
time of final plat approval.
4. All applicable City permits must be obtained prior to the development of the new lots.
623
o
800
i\~
.28-$lO
~. :J=
t'l
~ I 1
o
5620 5616 5612
.~
~'"
~:~~
,/,'f.
III
III
HIGHWA Y 55
, -", /'~
I,
f:
?;.
'C
0.
~O\..SONM'I EMOJUAI.;-
4949 4901
5114S1OO.!i630 '5620 5610 S600 SSSO 5530
Iii I LllJ
--L-..L-..L-l-... - cOt ":VE
! I ....1. ...... T~99P.S" --;; ]~
5115.5101 $635lS62S56151 5605 1i
401 !Z
. . '.' '.. IE
[514O,S700:S630:5620. 3Il5 Ix
I 1 I j 1500lI !~
51J s~ 5625 '~ rS40i36ijz
<<" LORING LN
205 c;:::r-rrm.
...-55S45sS3S'ss251
215 l:: i
.... ~.. 220
--.,~ 225 ~ 230 209
,~-- //
j:~.)Sl
~
!
~
~
o
~
\
'"
S
123
200
GLENWOOl'> AVE
. ~a;t..;sa;Jbd. ~:_Tl N-'.:.MS.., Ca;~t~'i~t t~l tOG.lSGl':i 2)l5 ~~
.iJ
r::-
l~
'~
~.::I>.
!:I>
: ill
15 jz
4M6
Regular Meeting of the
Golden Valley Planning Commission
July 26, 2010
A regular meeting of the Planning Commi sion was held at the Golden Valley City Hall,
uncil Chambers, 7800 Golden Valley ad, Golden Valley, Minnesota, on Monday, July
26, jO. Chair Keysser called the meeti to order at 7 pm.
Those pres t were Planning Commissio ers Cera, Eck, Keysser, Klu
Schmidgall an aldhauser. Also presen was City Planner Joe
Administrative Assl t Lisa Wittman.
1. Approval of Minutes
Waldhauser refe CI to the seventh para raph on page 2 and stat
s not a "special" meetin rather a portion of a regular
at the meeting
cil/Manager
MO D by Eck, seconded by Waldhaus r and motion carried unanimously to approve
t July 12, 2010 minutes with the above oted corrections.
2. Informal Public Hearing - Minor Subdivision -' 500 Cloverleaf Drive - SU08-09
Applicant: Golden Valley Land Co., Matt Pavek
Address: 500 Cloverleaf Drive
Purpose: The subdivision would create two separate lots for the construction of
two new homes.
Hogeboom referred to a map of the property and explained the applicant's proposal to
split the existing lot into two new lots. He stated that staff has reviewed this proposal
and determined that each proposed new lot meets City Code requirements. Lot 1 will be
27,300 square feet in area and Lot 2 will be 21,950 square feet in area.
Cera referred to Lot 1 and asked if the steep topography will be an issue. Hogeboom
said he doesn't think the steepness will be an issue. He referred to his staff report and
discussed the City's regulations regarding approval of minor subdivisions including
sewer and water connections, granting of certain easements, other public agency
review, title review and park dedication requirements.
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 2
Hogeboom referred to an illustrative drawing that showed the existing home on the
property and how the two new homes could possibly look. He reiterated that this
proposal meets all of the City Code requirements and that staff is recommending
approval of this proposed minor subdivision.
Keysser asked if the applicant is requesting any variances. Hogeboom said no.
Kluchka asked about the City's requirements regarding demolition of the existing home
before the subdivision is officially approved. Hogeboom said that demolishing the
existing home will be required as part of the Final Plat approval.
Waldhauser stated that the existing home appears to be in good shape and askee what
would be wrong with leaving it where it is or moving it instead of demolishing it.
Hogeboom explained that the existing home does not conform to setback requirements
and that a subdivision cannot be approved if there are any non-conformances.
Matt Pavek, applicant, stated that he and his wife are planning to live in the proposed
house being built on Lot 1. He stated that he did consider trying to save the existing
house but it doesn't have a basement, which decreases its value. He said he is still
considering having the house moved and he's also been working with the City's Fire
Department regarding the use of the existing house for training exercises.
Keysser asked if Lot 2 will be sold to a developer. Pavek said Lot 2 would be sold to a
builder and he doesn't know at this point if a builder would construct a spec home or if it
would be custom built for someone.
Eck questioned why Lot 2 isn't larger in size. Pavek stated that the proposed property
line dividing the lots is parallel with the south property line. He added that once the
setbacks are figured for Lot 1 he may decide to make Lot 2 slightly larger.
Eck asked why both homes show 2-stall garages versus 3-stall garages. Pavek
explained that the side yard setback requirements in Golden Valley could force the
garages to be located in front of the homes and he doesn't want the focal points of the
homes to be the garages. He added that a 2-stall garage fits in better with the
neighborhood and he would probably make the garages slightly deeper to allow for
more storage.
Keysser noted that Lot 2 is fairly narrow and asked if it will be difficult to build a house
on that lot. Pavek stated that that the building pad for a house on Lot 2 could be 50' x
50' or larger if built from setback line to setback line.
Keysser opened the public hearing.
Renee Brown, 516 Cloverleaf Drive, said she is very much in favor of this proposed
development because people who will maintain their property would improve the
neighborhood and the property values. She said Matt Pavek has done a good job in
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 3
working with the neighbors and addressing their concerns. She stated that the existing
house has been taken care of by neighbors because the former owner has not been
able to maintain it. She added that the inside of the existing house would probably not
appeal to very many buyers and that its highest and best use might be as a charitable
donation.
Helen Ekman, 440 Cloverleaf Drive, said that if someone were to build on the proposed
Lot 2 it,Would be extremely close to her house. She said nothing has been discussed at
this meeting regarding what the neighbors might think about this proposal. She referred
to a letter from a Mr. Mahabadi who lives on Woodstock and said he is opposed to this
proposal unless the City wants to divide his lot as well. She said the neighbor next door
to her has been in Boston for at least six months and she is concerned that he might not
have received notice regarding this proposal. She said she has signatures from Dee
Dahlquist (330 Cloverleaf Drive) and from the homeowner at 524 Cloverleaf Drive who
both oppose this development. She said she is worried this proposal would be more
"inner-city" and she is worried about water coming down on to her property. She said a
buyer might like to purchase both lots and then the City wouldn't have to get involved.
There will be more noise, more congestion, more cars, more garages and less grass
and trees.
Duane Hillman, 1112 26th Avenue NE, Minneapolis, said he doesn't want to make this
neighborhood a small, crowded "inner-city" kind of neighborhood. He said he thinks it
would be proper for the applicant to build a nice big house on the existing lot. He said
he is concerned about the steep hill on the property and he doesn't want the trees to be
cut down because he wants deer to keep running through the area and the DNR should
be contacted to try to save the trees. He said his son who lives in Texas is interested in
buying Ms. Ekman's house but he doesn't want to live in the "inner-city" either. He said
he and Ms. Ekman would like more time to study the proposal.
Jim Martens, 515 Cloverleaf Drive, said he fully supports the proposal. He said he has
helped maintain the property in question by painting the house, mowing the lawn and
helping the previous owner get a new roof. He said it is interesting that Helen, a person
who doesn't have residence in the neighborhood and people who didn't show up at this
meeting would have such strong opinions about this proposal. He said he and several
other people in the neighborhood work very hard to maintain their property and the ones
that don't are the ones opposed to the proposal.
Duane Hillman said according to what Mr. Martens said he should also approve of the
applicant building just one house on the property. He said Mr. Martens is prejudiced
against senior citizens and he should not object to him speaking just because he is a
friend of Ms. Ekman's.
Marla Kapperud, 420 Cloverleaf Lane, said she supports this project and it has been
delightful and wonderful to live in this neighborhood. She said subdividing this property
and adding two beautiful homes will add a lot of value to the neighborhood and might
Minutes of the Golden Valley Planning Commission
July 26, 2010
Page 4
increase the tax base as well. She said she doesn't think Mr. Pavek has plans to cut
down all the trees and is in fact trying to save as many trees as possible.
Seeing and hearing no one else wishing to comment, Keysser closed the public
hearing.
Keysser asked Pavek how long the home has been vacant. Pavek said he thinks it has
been vacant for a couple of years.
Eck stated that according to all of the information he's reviewed there is no legal basis
for opposing or denying this subdivision.
Cera asked Hogeboom to explain the public hearing notification process. Hogeboom
stated that property owners located within 500 feet of the subject property receive a
hearing notice 10 days before the Planning Commission meeting and again 10 days
before the City Council meeting.
Keysser asked Pavek to explain his meetings with the neighborhood. Pavek explained
that he had an informal meeting with the neighbors on Thursday, July 22 in order to
answer any questions they had.
Waldhauser said she is impressed with the plans and is pleased that the developer is
only splitting the property into two lots.
MOVED by Waldhauser, seconded by Eck and motion carried unanimously to
recommend approval of the subdivision request at 500 Cloverleaf Drive subject to
following conditions:
1. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
2. The City Engineer's memo, dated July 15, 2010, shall become part of the approval.
3. A park dedication fee in an amount determined by the City Council shall be assessed
at the time of final plat approval.
4. All applicable City permits must be obtained prior to the development of the new lots.
--Short Recess--
3.
ings of the Housing and Redevelopment Authority, City
f Zonin eals and other Meetings
Planning
763-593-8095 /763-593-8109 (fax)
Date:
July 21,2010
To:
Golden Valley Planning Commission
From:
Joe Hogeboom, City Planner
Subject:
Informal Public Hearing on Minor Subdivision of Property at 500 Cloverleaf Drive
- Matt Pavek, Golden Valley Land Co., Applicant
Summary of Request
Matt Pavek, Golden Valley Land Co., is proposing to subdivide the property located at 500
Cloverleaf Drive into two separate lots. The existing home at 500 Cloverleaf Drive, as well as ,
the shed, would be demolished.
City Code requires that each new lot meet the required 10,000 square foot minimum lot size
standard set forth by the Zoning Code. For this proposal, the northern-most lot would consist of
27,300 square feet of land and the southern-most lot would consist of 21 ,950 square feet of
land. City code also requires that at least 80 feet of width exists at the front setback line of any
newly established lot. In addition, both proposed properties exceed City requirements. Setback
boundaries (building envelopes) of the proposed lots would allow generous-sized homes to be
constructed without variances.
Qualification as a Minor Subdivision
The proposed two lot subdivision qualifies as a minor subdivision because the property located
at 500 Cloverleaf Drive is part of a recorded plat. In addition, this proposed subdivision will
produce fewer than four lots and will not create need for public improvements (such as street
construction.) The applicant has submitted the required information to the City that allows for
the subdivision to be evaluated as a minor subdivision.
Staff Review of Minor Subdivision
Staff has evaluated this lot subdivision request as a minor subdivision. As previously indicated,
this request creates two lots that each exceeds the minimum lot requirements in the R-1 Single
Family Residential Zoning District.
The applicant has submitted a survey for the effected property prior to subdivision, as well as
renderings of proposed setback boundaries and lot layout following lot division. These
1
documents provide the City with information necessary to evaluate the minor subdivision. All
documents indicate the removal of the existing home.
City Engineer Jeff Oliver, PE, has submitted a memorandum dated July 15, 2010 regarding
recommendations from the Public Works Department concerning this request. Requirements
set forth in this memo are itemized in the staff-recommended action area of this report.
Qualification Governing Approval as a Minor Subdivision
According to Section 12.50 of the City's Subdivision Regulations, the following are the
regulations governing approval of minor subdivisions with staff comment related to this
request:
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of
the appropriate zonina district. Both proposed lots will meet the requirements set forth
by the R1 Single Family Residential Zoning District.
2. A minor subdivision may be denied if the City Enaineer determines that the lots are not
buildable. The City Engineer has determined that both proposed lots are buildable.
3. A minor subdivision may be denied if there are no sewer and water connections available
or if it is determined by the City Enaineer that an undue strain will be placed on City utility
systems by the addition of the new lots. A developer would be required to submit detailed
plans regarding the proposed sewer and water locations at the time building permits are
applied for. The City Engineer has indicated in his memorandum thatthe sewer line to the
existing home may be used, upon upgrade to City standards, for one of the proposed
homes.
4. Approval of the minor subdivision may require the arantina of certain easements to the
City. The final plat must show all necessary easements as required by the City Engineer
and City ordinances.
5. If public aaencies other than the City have iurisdiction of the streets adiacent to the minor
subdivision. the aaencies will be aiven the opportunities to comment. No other public
agencies have jurisdiction of the streets adjacent to this site.
6. The City may ask for review of title if required by the City Attorney reaardina the dedication
of certain easements. The City Attorney will determine if such a title review is necessary
prior to approval of the final plat.
7. The minor subdivision may be subiect to park dedication requirements. In this case, a park
dedication fee will be assessed against this property prior to final plat approval. The fee
amount will be determined by the City Council.
Recommended Action
The Planning Department recommends approval of the minor subdivision with the conditions
listed below:
1. The City Attorney will determine if a title review is necessary prior to approval of the final
plat.
2
2. As per City Engineer Jeff Oliver's request, the developer of the new lots must do the
following:
A. Va cat e the existing easements on the Lot 12, Block 1, Clover Leaf Terrace, and
rededicate new easements in the final plat.
B. Acquire the appropriate permits for the demolition of the existing home, installation of
sanitary sewer and water services, driveway apron construction, and home
construction.
C. Make the existing sanitary sewer service that will be utilized for one of the proposed
homes compliant with the City's Inflow and Infiltration Ordinance.
D. Obtain approval from the City Attorney, Building Official, and Bassett Creek Water
Management Commission prior to approval of final plat.
3. A park dedication fee in an amount determined by the City Council shall be assessed at the
time of final plat approval.
4. A Subdivision Agreement will be drafted for review and approval by the City Council that
will include issues found in the City Engineer's memo dated July 15, 2010.
5. All applicable City permits must be obtained prior to the development of the new lots.
Attachments:
Location Map (1 page)
Memo from City Engineer Jeff Oliver dated July 15, 2010 (3 pages)
Photos of the property (4 pages)
Site Plans (3 oversized pages)
3
~
Memorandum
Public Works
763.593.8030 /763.593.3988 (fax)
Date: July 15, 2010
To: Mark Grimes, Director of Planning and Development
From: Jeff Oliver, PE, City Engineer
Subject: Review of Cloverleaf Woods Subdivision
Public Works staff has reviewed the proposed Cloverleaf Woods subdivision that is
located at the intersection of Cloverleaf Drive and Woodstock Avenue, just south of
Trunk Highway 55. This proposed subdivision consists of splitting a single, oversized
single family parcel (500 Cloverleaf Drive) into two single family lots.
Site Plan and Preliminary Plat:
Because the property being subdivided has been previously platted there are existing
drainage and utility easements across the property. These easements must be vacated
as part of the re-platting process. The new plat must also include easements on all
property lines that are consistent with the Subdivision Ordinance.
Because this site is adjacent to the Sweeney Branch of Bassett Creek, and it's
associated flood plain, easements must be included on the final plat to accommodate
the high water levels. Therefore, the final plat must include drainage and utility
easements to a point two feet above the base flood elevation, or 839 feet mean sea
level.
There is also a dedicated easement, recorded as a separate document, along the north
property line of the existing parcel that is associated with a City sanitary sewer main.
The portion of this easement on the original lot must also be vacated and rededicated
with the final plat. The modifications to the easements must be shown on a revised site
plan.
The development of this property will require the removal of the existing home on site.
The developer or builder will be required to obtain the appropriate permits for utility
service cut-offs and building demolition at the time the work occurs.
The developer will be required to remove the existing driveway apron for the existing
home and install two City standard driveway aprons for the two proposed homes.
C:\Users\lwittman\AppData\Local\Microsoft\Windows\T emporary Internet Files\Content. Outlook\E8BXVDGL \Review 07151 O.doc
Utilities:
The home on the existing parcel is currently served by City sanitary sewer and water.
The existing sanitary sewer service is extended from the sanitary sewer on the north lot
line and will service the future home on Lot 1. The existing water service will provide
service to the home on Lot 2. Therefore, the developer will be' required to install one
new sanitary sewer service and one new water service for the development. The
developer will be required to obtain all the appropriate permits, including utility and right-
of-way permits for this work.
The existing sanitary sewer service must be in compliance with the City's Inflow and
Infiltration Ordinance. The existin~ home on site has been inspected and is not in~
compliance since no repairs have been made. The developer will be required to
reconstruct or rehabilitate the portion of the sewer service that will remain in order to
obtain a Certificate of I & I Compliance for the home on Lot 1. This compliance
certificate must be obtained prior to issuance of a Certificate of Occupancy for the
home.
Storm Water Manaaement:
This proposed development is within the Sweeney Lake sub-district of the Bassett
Creek Watershed. As such, it is subject to the Bassett Creek Water Management
Commission's (BCWMC) Requirements for Improvements and Development Proposals.
Based upon the size of the proposed development there are no requirements for the
installation of permanent water quality features with this subdivision. However, the
developer will be required to implement construction best management practices during
the home construction phase on site.
The developer will be required to obtain a City of Golden Valley Storm Water
Management Permit for the construction of homes within the subdivision. These permits
must be obtained prior to issuance of building permits.
This development is also subject to the City's Flood Plane Management Ordinance due
to its location adjacent to the Sweeney Branch of Bassett Creek. Therefore the new
homes must be constructed with low floor elevations a minimum of two feet above the
base flood elevation, or a minimum elevation of 839 feet mean sea level.
In addition, City and BCWMC requirements prohibit the placement of fill within a
designated flood plane. The Preliminary Grading Plan submitted for review does not
include fill within the flood plane.
Tree Preservation:
This development is subject to the City's Tree Preservation Ordinance. The developer
has submitted an inventory of the trees present on site that will serve as the base for the
C:\Users\lwittman\AppData\Local\Microsofl\Windows\T emporary Internet Files\Content Outlook\E8BXVDGL \Review 07151 O,doc
required permit. The developer must obtain the appropriate Tree Preservation Permit at
the time of home construction.
Summary and Recommendations:
Public Works staff recommends approval of the proposed Cloverleaf Wood subdivision
subject to the comments contained in this review, which are summarized as follows.
The existing easements on the Lot 12, Block 1, Clover Leaf Terrace be vacated and
rededicated on the final plat.
The developer must acquire the appropriate permits for the demolition of the existing
home, installation of sanitary seWQr and water services, driveway apron construction,
and home construction as discussed in this memorandum.
The portion of the existing sanitary sewer service that will be utilized for one of the
proposed homes be made compliant with the City's Inflow and Infiltration Ordinance.
Subject to the review and comments of the City Attorney, Building Official, Bassett
Creek Water Management Commission and other City staff.
Please feel free to call me if you have any questions regarding this matter.
C: Jeannine Clancy, Director of Public Works
Mark Kuhnly, Chief of Finer and Inspections
Mitch Hoeft, Engineer
Gary Johnson, Building Official
C:\Users\lwittman\AppData\local\Microsoft\Windows\T emporary Internet Files\Content. Outlook\E8BXVDGl \Review 07151 O.doc
,
l '
; l' . .--. .~ 'I '~,.- ~;, -o;.tl"
'f' ' ",/I"r> ~'r'f"
'1' , ,~: ," 1:,
, " Y'l "<j i"
{ 7. '\f 0:' . 'r.;'''''
,t}, . ''''';#
:1 ',;1 ,~~i.~
,~ ft,f~ J:-~:
., { 't. ,;' ,. ,. .I.,.
.~
(
t.
..
II
"
.
'~
...... ~
~I
"
Ii
'(
J
"
u
. ~
;' ~
! J!: ' .;(
1. 'F..
~~), :.' ~""...
:. '\ :,1.,....
. ",_'I'*;.:~" . "J
't .. 1\1"
,
,
-} '~
1"\"-~ ijJ'" .~
/:.' ~
'~ ot j>"
, .. ,: .
'"'I . ".-or;
.~ ~~,~.:'-~~<~
.I)~-~::f
~ J ~_.~ f..,.
\ ~_ Jr"~ - .f
.~~'~~'W, JJ
.... '.
. ii
,i.., '"
. fJ
',.,
'.
a'
f:-:~ "
I ;' ~ 1 &'1
,,.
".f.
j~
,l-
)f"
f,
,~
,
I
I
J
.
.,: .. ~
I
I
I
J
I
.:
.'
-,
" ""
"
f,
,
I.
.
',J"t
f
I
,
,-,I.'""i(' ,.
,> ',"
,4
,
...
t
or
"
, ~
(!
't
\
~
,t
~'
..,
.. 'i
t ~ft
11-' ,
;;t'"
..!":
. I ;of...
'4 r
~
~ ~
"
'" , ~
~ '"
,to ~
'l-
~
~ l ..
\;
~,! -=-,. ',...
~.(.-( ~.~~.
" "'",""/'; ,r...
~ . I,; 1
..~..r,.~ '\
.~ ~~~~. 'i_
+, "
'!~." ,,'
.1. , "
... -0- _____
,
.
,
\!... ~
. ~~!t.i-' .
.. ... ; ~
',~c '~J4
..: . "'--
, .. '" "'
t.; ... "
"'\. j
.
"
~
"
r
. :
r
,
- .
>::t.~.
'}
',; I
.
~
(~ -I! "'''.~-
_," ~ .~:r.
~::.;r.:
~.. ~
1
-.. ~ .
r,"....
.
:;.
~fj ,
,
... .,
"t.:
'\
z; 'i' ,~,..
Ft;- ~~ "
~"i .
..", ",~
'). l='-s'"
, '
i. 1;", '~
I I,' ".. ,~
.,'_ lul.~ ;' l ~
. \-~"
or 'r~~: ',','"
~-."'~'''...-..' ')
A ~_'
~
(
\
(
~
~
u ] ,
~
I
I I
I
/
-,
f
;J'
?
\
~ ,
\ [
"
,
\
I
.
~(
l\
01
~
\
lJ
.' '.,
'.
'\
'\
J ~
,,~
",
, ."
.;
~. :.
.;C
_ ":-....i
.\
\
~
I
-j
I
.
.
i
\
\
\
,
il
\:
-'
I ~
J
I
'I
I
J
J
I,
I
~
i'
I
.,
~
,
I
I
j
,
!
/
I .
,-
p
l ~<;
I .
~t, i
1 11-
f' ~ ~~
'1 t:,
! i,
l' ;../
1 "
I I
J IJ
, r
II J
,~
/ I
" I
r/
,
.J I
" I
I I i
'1/
l
, j I
" I
J
IJ!
,A
1.
I
,
,
I
: PONDWOOD OFFICE PI
I
,
,
\
.
.
\
.
,
\
,
't.r>-J~"" .... ..-.\------............ j
. \). &t~ --:...... '1 / '-..' )
.; .,./. , .. I
\~............ c.~ I ' ----.~ .---- ,
.... ........ . s':> I -' . --.." ~ '
.... ............ \7..? I \ /" " --/
,. ,.. /"" ~ " '-...... /'
........;;.-:.............. I I \ \ ----- -
,;;;/ \ ~ ~
........ ~ t I \~ \ \ \ CIC NO 1337
........ .e I \ I """ I ' SPRING POND
I I I '
_C::' _ - - .J \' \ \ V1 \ A CONDOMINIUM
\ \ I " : ~ I
.... I \ 1""1 \
\ \ \ I \ . ~,
I ' \ ' -<'
, \ \ 1\\OJ\
I I 1-\ \ : ~:
I ffi I \ I~ \ \ ~ \
I ~ \ 'OJ \ . :t.,
~ : ~ I \ LOT 1 \~ \ ~ \
g I I \ 27,300 SF ," \ " OJ:
I J (j'\~ l\\~\
I,' . 1V1~ . ~.
I L _ _ _J-C- _ _ ~ 2.5 sse -\ I t-). -\'
---_____ 0 (j'\ -\
'-__________.______ 12' D&U EA.SE . "U I~!'>\ \
- - - - -.- - . . . """ ().
- -- -- - - -(1)-' - - - - - - J~ 0: ~ .
. 1- - - - - - -- - - - - - - - - _ _ _ _ _ 3~8~1 . \ ~ \
0) . t:);) - - - - - - - - :c-._ - - - - - : \, .
~1rJ/l V,~r - - - - - - - - - -12~'SSB - - - -~ - - -\1""1 \ \
I "?/ \ I:
I I \
I / \ 1(:Il .
/ / I (j'\ .
I . \
I t:);)/ '0 i I~
/ ~ C! I ," ~
I ~/ :g I I \
I 0)
/ // I LOT 2 \ :
I L. 12.5' sse I 21,950 SF I \
L.q~------_-:.-::-:--:-:.-::-:--:-:.T(r5&u-EASE.--:.-::-:--:. -=- --:. -::-:--:. -=- --:.-=---:-:.-=- __:_:.::J..___ _ -- _ -\ I \
'.
, ......-...,
".--., '---------,
/--
, \
30'
,
I
,
,
\
,
,
I
.' 't.
c..' ,,:i ",'0
~ 'O'J
7.7.'0."';;
....\
#5101
100 YR. FLOOD ELEV.
837.0 PER CITY
839.0 LOW FLOOR
#515
qq EAST
286.58 qq : \'
~ \ \
'i. LOT 14 BLK 2 \ \
~ I
CLOVER LEAF TERRACE 2ND ADD. I \
~ #400 \
I
I \
~ \
I .
. I
\ \
. I
. ,
\ \
.
,
J
,
,
\
, ,
"-..---.
FEE OWNER
HENNEPIN COUNTY C/O MAYTIA LEE, PR
APPUCANT
GOLDEN VALLEY LAND COMPANY
6001 GLEN WOOD AVENUE
GOLDEN VALLEY, MN 55422
763-593-9325 OFFICE
CONTACT: PETER KNAEBLE P.E.
MATT PAVEK P.E.
fLOAt. DESCRlPl10N
LOT 12 BLOCK 1 CLOVER LEAF TERRACE
srlE INF'ORUA 110N
TOTAL SITE AREA = 49,250 SF = 1.13 ACRES.,
LOT 1 PROPOSED AREA = 27,300 SF
LOT 2 PROPOSED AREA = 21,950 SF
N
w
E
s
20
o
20
SCAlE
IN
FEET
~
,.
I~
~
....
l-
N 0
N N
..,. ....
'" '"
'" (Y)
~ -5 ~
C If) ..
Q) Q) ><
> c: '"
"" c: ....
-g ~ tn
o . N
;0 '" (Y)
c: := m
~ g ('t)
c:> to Ol
.... Q) '"
o g t")
o .- to
co ::;: I-
e~.;l
'-ler
.!fe4
.::i
IJCS/~D P.J.K./HR.P.
/JRAVN HRP.
CHeCKeD P.J.tC.
, ~ .
o ~ ..
~C '"
coo ill ..
o 1< -
Q. ci e - .
411 E.9't)o ~
5t.~ ~ II. .
.'Og..~~ !
S~In..J~o ~
~~ll~:! 0.
! :~ 0 i .~
o >'E:J~
tt: E 0"-
~'t:''"_:O
~ :~o.~~'
_... ~5-5Vi
~
o
en.
Z LaJ
< Z
~ enZ
I- 8~
~:s o~
(I) a.. ~ ~
>- >- I.L. ~
~~ <>
~~ ~i5
aa~~
g:g: d"
i
..re
6/24/10
_rMl
10-105
40
IHCEr Ml
1
---"
--- \
"-
I r
/ I
/ /
/ 1
/ I
I 1
- / I
-./ /
/
/ / /
, I I
" I f I
/ " / I
/ / /
1 / 1
/1'/
/
/
/
I
/
/'1
,
"-
"
/
1
1
(
/
/
1
1
"-
"-
"
"
"
"
"
"
\
/
/
/
/
I
/
/
1
I r
I 1 /
_ / s1 MH
, ___8'53
#515
r
/
I
(
9:;V)X)
r
/
/
/
/
EX, SAN, SERVo (UNUSED)
I WYE INV. 844.7
<l<'"
\ E'AS;r ;.~ , " OJ
" \" -I'>
48~.S8 I , I I 0
I I , , I
\ \ ' \ , , 1
'J:] \ \ I I , I \ I
:.l' \ \ (lo \ I' \ \
0) II'!"" \ \
' \ '-f \
LO,r 14 IB~K\ ~:: ,
. \' I
CL~VER IL~A~ rE~RA€E
I I I r I I '
, I I, 'I ;
I I I Ii' I
I 1" I I '
I I I i I I I
: I , I I I
I I: : I I I
I I 111' I
" I 11 \ i
, I I I I I I
I /, \ \ \
/ '
MH 1990--
47/845.5
I
:g
'Xl
#400
"-
\
\
\
"
I
I
/
I
I
I
1-
,
,
I
I
I
I
I
I
I
J-.
I
I
I
I
I
I
I
I
I
l.
I
I
I
"
I
i
I
,
I
,
,
I
L
,
\
\
\
\
\
\
~,
'~{
\
\
i-
\
\
\ \
\ \
\ \
\ \
\ \
\ "
I "
\
\
\
\
30'
,
I ,,--.....
'\ ____-- "-___h_--\
- - ,
,
I
I
,
I
: PONDWOOD
I
,
,
\
,
,
\ \
\
--- - / \
__ -.. / I
-" -__I .
-.", J
/T~----~ --_h_: )
_1----" /'
--- - ,"'----,/'
(-\
..,
\
I
1"
'~
"-
- -1- _ _ _ _
I
I
,
,
\
I
,
I
I
I
I
I
, '
R
,q I
\ .
I II" I \ '
I II I ,
:f> 'I' \
,\u"\ 1\, \ ,
.... . I I I
'I I \
o i \~ \
. ~
\ r :
i i \
. I
1 \ I
I . \
I \ ,
1- ,
" \
. ,
, .,
\ --4 .\
'.0'.' \ \
'\).
'OJ1\
1):>\, \ \
,z:,
.7': \
'\....' \
,
I,
'tf)\\ rv~
,'\.\ 0:\ ~\
9:>" 1--..1 1\ .
'o">o~\\ ~~
'-''.-.-IN '. \
-'-'-0 ",
-,'\. "
. \.
:s.,; 0 . .. ,.
. '.'0:# ---- -'[TI \\\ \
- 2'--'-0 'o~ ,
0' I , ,
, I ,
I \ \
\ ell \
'~I \
\ ~'I
\ i~\
\ I ~
\ I \
I :
~\
I
0'
"'~v I
,'V
o
I
\
,,"
,
"~
"'~"
,'\r.....'\. \
I~~"o \ 'I-
,'I- \ g,~
10 l'
I ~'\.
\ a-~1
('
/
\ J ~'\.
,'J rB' ....~
,'\. 9:>"
o '\.0
o,'\.
LOT 1
27.300 SF
~'\.
nq;
,,,>v
o
g,~~
,,>'
,
o
9:>';;-'"
0,0
,
o
\
~ 1 I
I \ \
\ \ \
I I \
I I I
I \ \
I 1- II-
I \ \
\ I I \
\ I \ \
2ND\' AQD. \
I \ \
I I \ \
, I I \
I \ \ \
i I \
j- , r--
I , I
I I I
I I I
I L-
\
\
\"
,
,
"
/
I
I
\
I
, \
\~
(fJ I i
:E , I
~ \ '
[TI'
-('
OJ \
~ '\
"P" ,~
z \'
() .J
::t. 1\
o '\'
..., "
/'
/</
/
/
/
/
/
/
/
(
I
CIC NO 1337
SPRING POND
A CONDOMINIUM
#5101
160. YR. FLOOD ELEV.
\
837.0 PER CITY
839.0\ LOW FLOOR
\-
,
co '\
rfl\
'A ,',
--4 '\ "
--4 "
n ,-\
;0 '\
~ \
7' .
,
s
".
'"
\
\
\
\
\
\
\
\
\
\
\
\
"
\
\
"
\
~/
\
\
\
\
\ Ie
\ i,
, '
, I
\ II
I I
\ II
1\
'i
\ \
. .
. I
\
i
I
I
\
\
I
\
,
I
I
,
\ I 1:0
\~
, I
.-\
\
1
.
\
.
.
\
,
,
\
,
.
\
\
1
I
I
\
,
,
\
.
,
\
.
,
\
1
I
\
,
,
\
I
\
\
\
r-
I
\
\
\
,
,
J
\
"
TREE PRESERVA nON PLAN
1. SEE ATTACHED TREE SCHEDULE.
2. TREES TD BE REMOVED WITHIN GRADING LIMITS
3. 40:1: TREE REMOVAL ALLOWED WITHOUT MITIGAITON.
4. TREES REMOVED OVER AND ABOVE 40:1: SHALL BE
MITlGA TED PER CITY REOUIREMENTS
NOTES:
I, SilT FENCE BY BUilDER.
2. INSTAll TEMPORARY ROCK CONSTRUCTION ENTRANCE
AT EACH DRIVEWAY BY BUilDER.
3. CURB CUTS BY BUilDER.
4, All UTILITY SERVICES BY BUilDER, RESTORE STREET
IN KINO, PER CITY STANDARDS,
5. All PADS TO BE CUSTOM GRADED BY BUilDER.
ILGB4D:
o B-5
- -1056- -
-1056-
->>->>-
->->-
--a"--
x 1056.23
X 1056.0
ECf'.109.0
DENOTES SOIL BORING
DENOTES S1L T FENCE/GRADING LIMIT
DENOTES EXISTING CONTOURS
DENOTES PROPOSED CON TOURS
DENOTES STORM SEWER
DENOTES SANITARY SEWER
DENOTES WA TERMAlN
DENOTES EXISTING SPOT ELEVA TlON
DENOTES PROPOSED SPOT ELEVATION
DENOTES EMERGENCY OVERFLOW ELEVATION
N
w
s
20
o
20
SCALE IN
....
...
N 0
N N
... ....
It) III
It) '"
CD .. <D
~ '0 ,....
~ :: ><
> c '"
<<: c ...
-g :i U")
<> . N
~ ~ ~
.!! & M
<.:l .. 0>
.... CD III
02('1)
o .- to
<D :E ...
(Ii. l
1.111]
III: ;
.Ii d
..-111 5
DCSIGNCD PJJt./l<t>.P.
(JRAVN HR.P.
CHeCKeD P..JIC.
E
% ~
:5% 0
Cl. :5 en
C) Cl. ~
%~ enZ
O::J o::e
< 0
o:::F 0 ~
C)::> ~.~
>- >- La...J
0::: 0::: -<-<
<-< w>
Z% :J
::e::e t; t5
am > 9
g:g: d 8
I
J/IIIC
6/24/10
f'l/4JCCT NIl
10-105
40
SllCeT Nll
FEET
2
if;' I
I I
/ / I
I I / / /
I I I \ (
\ \ \ \. \. \.
\ . \ \. \
" \ "
\ I
\
/
"
/
/
/
I
I
/"
I
I
r
I
I
/
I
I
/
I
I
I
l-
I
I
I
I
I
----------
I:
/ I
/ /
/ I
/ / I
/ I I
" / / /
_J /
I
/
/
/
/
\ \
I
/
/
I
I
I
I-
/
I
I
I
I
\ I
/
I I
\
\ \
L-
I /
,
"
I
I
(
I '
I I ~ry
I 4P
,'"r
Q:J I a \r,>'"
::0 r,>'b /S-'" ,,,,,,,~
'i-' 0)tJ!~'<f a \
h'1; 0 I 0
1.0 I"":
I , ..,
ICO
I .
,~
,
,0
,0
, - I
I I
I I
,/
'\
\
\
\
\
I
,:y
~
#515
,
\
"
/
I
I
I
I
I
I
I
I
I
I
I
/
/
/
I
,-
I
I
I
I
I
I
/
EX. HSE.
#500
I
I
I
i~"''9
"va!
I ,'9 I
.0 ~ I
;~"jl I
I 0)'0 I I
dJ ,I:>;
lJ1 ~ I I I n-"'~
cr.p. I ~~ '
, I b~' I
I I I I I
, I[l.'b' Cil I
I -&<0 f1; -l!- I
I,'b I <D Cf' I
~III\I\
f4ED \ \ I
1 \ I \
\ , I \
d<\ \ ['AS;r; I I \ co ~ I I
'\ "Be: I I I .p. I I \
\ ~ '1'.58 I I I I 0 I \ 1
\ \ \ 1 1 I I \ \ I I
\ I \ i \ \ I \ I I \
qc \ \ \ I I \ I I \ \
sr \,00\\1 I II ,-I
'1 \\~III 'I' \ I-
LOIT14\B~KI*:: \ \ \ \ \
\ 1 1 \ I , I
CU;>VER \L~AF: rE~RACE ~ND\ AQD. \
I I I I ,', I 1 I \ \ \
I I I "I I I \ \ \
I I I ", I I \ I I
I I ' I I I ' 1 \ \ \
I I ' I I I I r- I I \
I I I I I I I r I r- II
I I I I I 1 I I I \
I f I I I \ I I \
f I I f I I ' \ I- I
f f : I I \ \ \ i I
/ , f ' I \ \ \ \ \
,
,
"
\
\
I
I
8
WELL
/
I
/
r,>'" r,>~
-0'b'<i ~,,<8
.0 a
/"
/"
58oCH7a
'" -- ~ ---- ~ ----.::
\
\
\
MH 199'0--
47/845.5
, EX. SAN. SERVo (UNUSED)
I WYE INV. 844.7
-85t) / / -....
_/" r
I
~
f
I
\
\
\
\
#400
,
....
,
"
--
I
I
\
I
\
I
I
I
I
/
(
"
I
I
I
I-
I
I
I
\
,
,
'~>
i')<Q ,
r,>""'" . \
,,<0 .0 \
,'"
.0
r,>'"
~
,">
.0
I
I
I
I
I
l-
I
/
(
\
\
\
\
I
/
/
/'
I
1
I
\ <Q<:::'"
.::~
cI
~,,,,
O'",-r
/
I"
r,>'
",<0
,~
.0
.....", ~,."
<Q"-f!
t>.' ...""
'a .0
r;;-"
'0",<0 ,,0
~ $>"-
.0,'0
r,>'"
",$ r,>'"
, ~<8
'3,">
\
\
,
,
,
L-
",0
'b'"
,,,,<0
a
\
1\ \
\ \
\ \
\ \
\ \
\ \
\ ....
\ ....
....
\ ,
\ ....
\ '
30'
\
I
\
\
\
\
~
';" <
\
\
I'
!
i \\
I '
1
<l<!
,~
<c'"
,,>'
,
.0
I
1 .
II
'I
II
II
\1,
,
\
\
\
\
:\-
,I
',\
-11\
01
"01\
OJI
):>\
z:,
,,\ \
\\ \
1Il\\ N'
'b~'" 0 \\ (JI'\
_.,0 ..... \ to
,'0 ~ \\ '"",
o NIO,
ci ,\ \
-.J >.
- \\
.. '\ ~
fT\ \' \
, .
\ \
\ ,
,
\
,
,
\
,
I
\
.
,
I
~o
v.;,.
~
,
o
r;;-'o
r::,<Q
,0;
.0
I
,
,
I
: PONDWOOD
I
,
,
\
,
,
\
,
,
\
,
,
'...... J
~' '
r.\.----- ,-'
/ '", ---
_L--- /
'--... /'
,
, ,...- ... ..
'\.............. "---------\
,.\)
l~~
~
" - -.- - - - -
-
..r---___
'--...
-'
/
( \ ,-
, \
\ .
, ,
i \
CIC NO 1.337
SPRING POND
A CONDOMINIUM
I
1
I
\
\
. \
I I
\ -,
Vl , I
~' \
fT\ \ \
Z I
f"'\ \ l
-< \ I
OJ I
~ ';
~U
~ II
"
~ \\
,\
OJ 1\
):> \ \
Vl ,
~ ~ \
-I \ \
-I \
(') ,,\
~ . \
~ \ \
" '':
,
1
1
I
I
I
\
.
,
\
I
.
\
,
,
\
I
,
\
/
/
/
I
I
I
-
,
\
I
<6
'1) "" '"
cq: ~~ C
I ~ () I~ (.,r<) ~tJ..
I .jv o'~ ~'/ ," 85
I ?-..,o0 ,.....0, ,,.;;.<<J / g.....{~
I a a .0 /
I
A-
I
/
I
/
/
/
/ r&'
/ L~
II ,tp,o
" 0
#5101
100 YR. FLOOD ELEV
837.0 PER CITY
839.0 LOW FLOOR
\
, I
\ \
. I
\ \1
, I
. \
\ I
, \
"
\ II
: \
\
I'
I
\
t
tc
-
Q.~
I
OJ
~
I
I
I'
I
\
\
I
\
\
\
\
\
l-
I
\
\
\
\ \'t
I \
.-\
\ \
I \
. \
\ \
I ,
I
\
I
I
\
.
.
\ I
\
.
I
\
.
.
\
.
.
\
I
I
\
.
.
\
/--\
, .
, ,
I J
, ,
\ \
I
,
,
)
,
,
\
\,
\
\
\
\
\
- "
"
,
SURVEYED 6/21/2010
DEMARS GABRIEL LAND SURVEYORS
LEGEND:
~ B-5
- -'055- -
-1056-
->>->>-
->->-
-a:..-.-w--
. lC'i5 B
X 1056.0
[a:'.1058.o
DENOTES SOIL BORING
DENOTES SILT FENCE/GRADING LllAlT
DENOTES EXISTING CONTOURS
DENOTES PROPOSED CONTOURS
DENOTES STORlA SEWER
DENOTES SANITARY SEWER
DENOTES WA TERlAAIN
DENOTES EXISTING SPOT ELEVATION
DENOTES PROPOSEO SPOT ELEVA nON
DENOTES ElAERGENCY OVERFLOW ELEVA nON
N
w
E
s
20
o
20
SCALE
IN
...:
N 0
N N
.. ....
It'l It'l
It'l '"
Q) III CD
~ '0 r-
l: ",. ...
Q) Q) '"
> C ..
"" C IL.
-g :i U')
o . N
30 .. '"
C = Q)
~ ~ C")
Cl III CO>
... Q) It'l
g ~ ~
CD ~ ....
(gi. f
..... I
..'! . '
", ~. i
t=~.~~
"
I~
'>
:;r
OCSIGNCD P..I.X./HR,P.
(JRAVN HRP.
CHCCItCD P..J../C..
- ."
0... C -.
o 0 ~
C _
~t.~~o
~A"~~&
'O'i %~: 0
:S 0 1ft .1'-5~
~!'2~ t ~
:e Q,~ C1~.'i.
t: S >.E;)2
"')Eoto,
~'t:'"'-~u
~ &.-8o'~o
::!35.5iii
.
.
'"
..
.;
Z
.. ..
U '0
Q.C
z ~
:) 0
a. ~
z
en (1)%
~... 02
F=:) 0 ..
ca. i >-
~>- ~
(.) a:: ~-<
-< w>
OZ :J
z- a:: %
F=2 ~w
end 09
xa:: .;;.a 0
w Q.. (.) 0
;
/IIOTC
6/24/10
-..ccrM1
10-105
40
111<<1 OIl
FEET
3
en
-c ,- 1
0
0
S
~ I I
CO I
0)
---I
~
0)0
>-r-
O?5
- C\J
Or::::
, 1
\{~
l:$l
\~
I \
l
.,l.. '.
",:U
~~. .~~,
""'~ ~,. \,"
,'~ 'to"".
...~ ~~..
",: :,,;."
b,\" '.
~ :~~ ~
r ,.1,
:~
\
\
,
,~
~
.':.......
. JJ'
( -
JJ
J ,
Public ~U~Y
M ndum
Public Safety Department
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
6. A. First Consideration - Ordinance #448 - Adding a New Section 5.19: Social Host Liability
Prepared By
Stacy Altonen, Chief of Police
Summary
At the April 13, 2010 Council/Manager Meeting staff was directed to proceed with drafting a
social host ordinance, making it a crime for anyone to provide a venue for underage drinking
to take place. While current laws are in place to make it a crime to provide alcohol to a minor,
there is no state law that addresses the issue of providing a place (home, business, or other
building) where minors are present and consuming alcohol. Several cities near Golden Valley
have adopted a social host ordinance, including Crystal, Minneapolis and Minnetonka.
Under the proposed ordinance individuals will be prosecuted for hosting parties where minors
are present and consuming alcohol, regardless of whether they provide the alcohol or not.
The ordinance is specific in that the person prosecuted is the person who was present at the
time the party took place. Conversely, a homeowner who had no knowledge and was not
home at the time of the party cannot be held responsible or charged under the ordinance.
A social host violation would be considered a misdemeanor, similar to underage
consumption. Providing alcohol to a minor is a gross misdemeanor. The goal is to increase
public awareness of the problem of underage drinking and social host ordinances have
proven to help law enforcement and prosecutors combat teenage drinking.
Attachments
Ordinance #448, Adding a New Section 5.19: Social Host Liability (3 pages)
Recommended Action
Motion to adopt on First Consideration, Ordinance #448, Adding a New Section 5.19: Social
Host Liability.
ORDINANCE NO. 448, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Adding a new Section 5.19: Social Host Liability
The City Council of the City of Golden Valley ordains as follows:
Section 1. City Code Section 5 is hereby amended by adding a new Section
5.19, entitled "Social Host Liability" as follows:
Section 5.19: Social Host Liability
Subdivision 1. Purpose and Findings
The City Council intends to discourage underage possession and consumption of
alcohol, even if done within the confines of a private residence, and intends to hold
persons responsible who host events or gatherings where persons under 21 years of
age possess or consume alcohol regardless of whether the person hosting the event or
gathering supplied the alcohol. The City Council finds that:
A. Events and gatherings held on private or public property where alcohol is
possessed or consumed by persons under the age of twenty-one (21) are
harmful to those persons and constitute a potential threat to public health
requiring prevention or abatement.
B. Prohibiting underage consumption protects underage persons, as well as the
general public, from injuries related to alcohol-related traffic collisions.
C. Alcohol is an addictive drug which, if used irresponsibly, could have drastic
effects on those who use it as well as those who are affected by the actions of
an irresponsible user.
D. Often, events or gatherings involving underage possession and consumption
occur outside the presence of parents. However, there are times when the
parent(s) is/are present and condone the activity, and in some circumstances
provide the alcohol.
E. Even though giving or furnishing alcohol to an underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat
underage consumption.
F. A deterrent effect will be created by holding a person responsible for hosting an
event or gathering where underage possession or consumption occurs.
Subdivision 2. Definitions
For purposes of this section, the following terms have the following meanings:
A. Alcohol: means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin or any other distilled spirits including dilutions and
mixtures thereof from whatever source or by whatever process produced.
B. Alcoholic Beverage: means alcohol, spirits, liquor, wine, beer, and every
liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-
half of one percent (0.5%) or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with other
substances.
C. Event or gathering: means any group of three (3) or more persons who have
assembled or gathered together for a social occasion or other activity.
D. Host: means to aid, conduct, allow, entertain, organize, supervise, control or
permit a gathering or event.
E. Parent: means any person having legal custody of a juvenile:
1. As natural, adoptive parent, or step-parent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.
F. Person: means any individual, partnership, co-partnership, corporation, or any
association of one (1) or more individuals.
G. Residence or Premises: means any home, yard, farm, field, land, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall or meeting
room, park, or any other place of assembly, public or private, whether occupied
on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party or other social function, and whether owned, leased,
rented, or used with or without permission or compensation.
H. Underage Person: means an individual under twenty-one (21) years of age.
Subdivision 3. Prohibited Acts
A. It is unlawful for any person(s) to: (1) host or allow an event or gathering; (2)
at any residence, premises, or on any other private or public property; (3)
where alcohol or alcoholic beverages are present; (4) when the person knows
or reasonably should know that an underage person will or does, consume any
alcohol or alcoholic beverage, or possess any alcohol or alcoholic beverage with
the intent to consume it; and (5) the person fails to take reasonable steps to
prevent possession or consumption by the underage person(s).
B. A person is responsible for violating Subdivision 3(A) above if the person
intentionally aids, advises, hires, counsels, or conspires with or otherwise
procures another to commit the prohibited act.
C. A person who hosts an event or gathering does not have to be present at the
event or gathering to be responsible.
Subdivision 4. Exceptions
A. This section does not apply to conduct solely between an underage person and
his or her parents while present in the parent's household.
B. This section does not apply to legally protected religious observances.
C. This section does not apply to retail intoxicating liquor or 3.2 percent malt
liquor licensee, municipal liquor stores, or bottle club permit holders who are
regulated by Minn. Stat. 340A.503 Subdivision l(a)(l).
D. This section does not apply to situations where underage persons are lawfully in
possession of alcohol or alcoholic beverages during the course and scope of
employment.
Subdivision 5. Enforcement
Each incident in violation of subdivision 3 will constitute a separate offense.
Section 2. If any section, subsection, sentence, clause, phrase, word, or other
portion of this ordinance is, for any reason, held to be unconstitutional or invalid in
whole, or in part, by any court of competent jurisdiction, such portion will be deemed
severable and such unconstitutionality or invalidity will not affect the validity of the
remaining portions or this law, which remaining portions will continue in full force and
effect.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and City Code
Chapter 5, Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in
their entirety, by reference, as though repeated verbatim herein.
Section 4. This ordinance will be effective upon passage and publication in
accordance with law.
Adopted by the City Council this 7th day of September, 2010.
IslLinda R. Loomis
Linda R. Loomis, Mayor
ATTEST:
IslSusan M. VirniQ
Susan M. Virnig, City Clerk
alley
Mem ndu
Public Works
763-593-8030 I 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
6. B. Proposed Emerald Ash Borer Management Plan
Prepared By
Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Summary
On May 14,2009, Emerald Ash Borer (EAB) was confirmed as present in the south St.
Anthony Park neighborhood in St. Paul. EAB is a serious invasive tree pest, and
consequently a quarantine has been placed on Ramsey, Hennepin, and Houston counties to
help slow the spread of EAB to other areas.
All ash trees are susceptible to EAB and millions of ash trees have already been killed in
infested areas of the eastern United States. Minnesota has one of the highest volumes of ash
on forestland in the U.S. with an estimated 867 million forestland ash trees. Ash is a
prominent component of Golden Valley's urban forests as well. The potential economic and
environmental impacts of losing these trees are substantial.
Since the presence of the ash borer was documented in the Twin Cities metropolitan area,
cities and other government agencies have been moving quickly to inventory their total ash
tree liability. The City has recently completed a significant portion of its public tree inventory
and has developed a comprehensive Emerald Ash Borer Management Plan.
The management plan includes references to the City's shade tree management code. The
City's code was recently updated in 2007 in anticipation of this type of situation. In the near
future, staff will be presenting ordinance changes to be consistent with Minnesota Statutes
and Rules that were recently changed.
Attachments
Emerald Ash Borer Management Plan (11 pages)
Recommended Action
Motion to adopt the Emerald Ash Borer Management Plan.
Emerald Ash Borer
Management Plan
2010
G:\Forestry\Emerald Ash Borer\GV EAB Management Plan\EmeraldAshBorerMgmtPlan Cover Sheet.docx
Table of Contents
I. Emerald Ash Borer Management Plan
II. City Code - Section 10.50: Shade Tree Diseases
III. Shade Tree Inventory Map
Emerald Ash Borer Management Plan
City of Golden Valley
(August 2010)
Purpose of this Management Plan
· To outline the City of Golden Valley's objectives and the approaches that will be
used to meet the current or anticipated impact of the Emerald Ash Borer (EAB)
on our urban forest resource.
· To serve as a blueprint that staff and residents can follow with a high degree of
confidence, rationality, and order.
Emerald Ash Borer
This destructive beetle has killed tens of millions of ash trees where it has been
discovered. It was first discovered in North America in southeast Michigan in June 2002,
although it was likely first introduced at least 10 years earlier. It has since been found in
at least 12 additional states: Ohio (2003), Indiana (2004), Maryland (2006), Illinois
(2006), Pennsylvania (2007), West Virginia (2007), Wisconsin (2008), Missouri (2008),
Virginia (2008), Minnesota (2009), New York (2009), Kentucky (2009), and Canada.
There are about 870 million ash trees in Minnesota, one of the largest concentrations of
ash of any state in the country. Not only are these trees abundant in our forests, but
they are also an important component of our urban landscapes. Research has not found
any resistance to EAB in native ash trees.
EAB management is coordinated at the federal level by the U.S. Department of
Agriculture and by the Minnesota Department of Agriculture at the local level. Due to
diminishing federal and local funds and the aggressiveness of the EAB infestation,
Golden Valley's EAB management program will focus on spreading out the ash tree
removal liability rather than eradication and treatment efforts. For Golden Valley this has
very important consequences:
· It is inevitable that EAB will be discovered in Golden Valley within the next few
years.
· The loss of tree canopy and budget impacts make this the biggest threat to
Golden Valley's urban forests since Dutch elm disease decimated the American
elm population in most areas of the United States.
G:\Forestry\Emerald Ash Borer\GV EAB Management Plan\Emerald Ash Borer Management Plan Document.docx 1
Why Do We Need An EAB Management Plan?
· To determine an effective response to the EAB threat to Golden Valley's urban
forest resource.
· To responsibly implement and communicate clear, effective actions to City
residents and stakeholders.
Purpose
By implementing the provisions in this management plan, the City is attempting to:
· Attenuate the economic and social disruption to the City from an almost certain
EAB infestation.
· Proactively manage for EAB in advance of the invasion by using the best
management practices and data to effectively maintain an orderly process to
minimize costs, threat to public safety, duress, and canopy loss.
· Mitigate budget and service impact by distributing removal costs over a
manageable time period.
· Reduce impact of canopy loss by replanting with suitable species during the
phased removal of ash.
· Communicate the EAB strategy clearly to the public.
Applicability
This plan applies throughout the City on all public properties where ash trees are
currently growing, as well as on private properties where such trees may negatively
impact public right-of-ways or other public or private properties.
Plan Administration
The Public Works staff will be responsible for implementing this Plan and seeing that its
provisions are carried out.
Action Elements
Inventory - The City will conduct an inventory of all ash trees growing within its public
right-of-ways, parks, golf course and other public properties, and will review a
percentage of naturally wooded public areas to determine potential ash removal costs.
An estimated budget and timeframe will be generated from the inventory data.
G:\Forestry\Emerald Ash Borer\GV EAB Management Plan\Emerald Ash Borer Management Plan Document.docx
2
Ash Removal- The City will begin to systematically remove all of its public property
ash trees within the street right-of-ways, parks, golf course, and other public properties
based on priority determined by the condition and location of the ash trees. Tree
removal will be prioritized with hazardous trees being removed first. A phased and
systematic removal will occur within a 15-year period if budget is available. Utility
contractors will be encouraged to remove all ash trees within their easements as part of
their normal line clearance activities.
Wood Utilization and Disposal - The City will work with Hennepin County and other
partners to develop a plan to use the wood generated during the removal program. The
plan must comply with the Minnesota Department of Agriculture's (MDA) regulations for
handling regulated materials. Wood that cannot be used for lumber turning, firewood, or
mulch will be disposed of according to MDA specifications at an approved ash tree
disposal site within Hennepin County.
Communications - The Mayor, City Council, and City Staff will receive periodic
briefings. All media relations will follow normal City protocol.
Canopy Replacement and Care - As the budget permits, all removed public ash trees
will be replaced with non-host species that will enhance the planting site, are
appropriate for the planting site, and add to the diversity and general health of the urban
forest. All new plantings will conform to the "10-20-30" tree species diversity rule
(replant with no more than 1 0% of a single species, 20% of a single genus, or 30% of a
single plant family). No planting will be made that cannot be adequately maintained.
Preventive Maintenance -Ash trees not removed under the pro-active management
program will be inspected, and if necessary, may be pruned to maximize public safety
until which time an infestation occurs or they become dead, diseased, or dying.
Use of Preventive Pesticides - The City of Golden Valley will not apply preventive
pesticides to protect pubic ash trees. Private property owners who wish to use
pesticides on public street trees will be discouraged to do so. The City will consider
applications for a right-of-way permit to treat public boulevard ash trees. If the tree
becomes infested with EAB at a later date the City may remove the tree.
Private Ash Trees
The City strongly recommends that private ash tree owners consider removing, treating,
or begin planning for one or the other on their property. The City will not order any
private property owner to remove their ash tree unless it becomes diseased or infested.
Once a disease or infestation is determined, Ordinance 10.50 Subdivision 3.
Public Nuisance & Subdivision 4. Abatement of Nuisance will be in effect.
G:\Forestry\Emerald Ash Borer\GV EAB Management Plan\Emerald Ash Borer Management Plan Document.docx
3
Public Nuisance
The Tree Inspector shall have the right to declare any ash tree a public nuisance
growing upon private property which is:
(a) Infected with an epidemic plant disease or pest, or
(b) Threatens to become a hazard so as to adversely affect the public health, safety
or welfare, whether such tree or shrub shall be on public or private property.
Abatement of Nuisance
If the Tree Inspector, with reasonable certainty upon inspection or examination, that any
nuisance tree, as herein defined, exists in or upon any private premises, he shall notify,
in writing, the owner or tenant having charge of such premises. Within a set timeline
after the issue of such notice, the person shall cause treatment, trimming, or removal
and destruction of the nuisance tree as directed in the written notice. No damages shall
be awarded the owner or tenant having charge of such premises. Should the owner or
tenant neglect to comply with the terms of the written notice, the Tree Inspector shall
cause the removal, treatment, or trimming of the nuisance tree. The expense thereof
shall be assessed as a lien against the property for collection as other taxes.
Removal Notices
Any tree located on private or public property that suffers from a communicable disease
or insect infestation, as determined by the Tree Inspector, which threatens the public
welfare or the health of public trees is hereby declared to be a nuisance.
When such a public nuisance occurs, the Tree Inspector may cause a notice to be
mailed to the owner of the property on which the tree is located, specifying what
corrective work is necessary and directing the owner to perform such corrective work to
eliminate the nuisance.
Work on Public Property
Public Tree Removal- The City will be responsible for removing ash trees on public
property. The City will utilize a combination of in-house staff and professional
contractors to effectively meet the ash tree removal plan.
Public Tree Replacement - The City will develop a shade tree replacement plan that
will mitigate for the loss of shade trees within the City parks, golf course, and
other public building landscapes.
G:\Forestry\Emerald Ash Borer\GV EAB Management Plan\Emerald Ash Borer Management Plan Document.docx
4
Although the City is responsible for removing trees on public right-of-way (boulevards),
the City has never had a boulevard tree replacement or planting program. Therefore,
replacement trees will not be scheduled for these areas due to the lack of resources.
Staff will pursue all available funding opportunities (grants) to assist the City with
resources to related to tree removal and replacement.
Projected Budget Cost (Public Property):
Public Tree
# Removal # Trees to Replacement
Year Removals Cost * Replace Cost Total Cost
1 200 $30,000 50 $15,000 $45,000
2 200 $30,000 50 $15,000 $45,000
3 200 $31,000 50 $15,000 $46,000
4 200 $32,000 50 $16,000 $47,000
5 200 $33,000 50 $16,000 $48,000
6 200 $35,000 50 $16,000 $49,000
7 200 $36,000 50 $17,000 $50,000
8 200 $37,000 50 $17,000 $51,000
9 200 $38,000 50 $17,000 $52,000
10 200 $39,000 50 $17,000 $53,000
11 200 $40,000 50 $18,000 $54,000
12 200 $41 ,000 50 $18,000 $55,000
13 200 $42,000 50 $18,000 $56,000
14 200 $43,000 50 $18,000 $57,000
15 200 $44,000 50 $19,000 $58,000
*Public Removal Cost - Reflects the contracted cost for addressing half of the planned
removals (100 trees/yr). The other half (100 trees/yr) of the tree removals is proposed to
be completed with Public Works maintenance crews and forestry staff assistance.
G:\Forestry\Emerald Ash Borer\GV EAB Management Plan\Emerald Ash Borer Management Plan Document.docx 5
9 10.50
Section 10.50: Shade Tree Diseases
Subdivision 1. Purpose
The City Council has determined that the health of the trees within the city limits is
threatened by tree diseases and pests. It has further determined that the loss of
trees growing upon public and private property would impair the safety, good order,
general welfare, and convenience of the public and substantially depreciate the
value of property within the City. It is the intention of the City Council to control
and prevent the spread of these conditions, and this Section is enacted for that
purpose, and to conform to the policies and procedures embodied in Minnesota
Statutes, Chapter 18G, as amended, and rules promulgated thereunder.
Subdivision 2. Tree Inspection Program
The City Manager shall designate a tree inspector or tree inspectors, certified by the
Minnesota Commissioner of Agriculture, who shall administer the Shade Tree Pest
Control Program for Dutch elm disease, oak wilt, and other pests for the City in
accordance with the City ordinances and Minnesota Statutes, Chapter 18G - Plant
and Animal Pest Control, and Minnesota Rules, Chapter 1505 - Department of
Agriculture Pest and Disease Control and subsequent amendments thereto.
Subdivision 3. Shade Tree Nuisances Declared
The following are declared to be public nuisances whenever and wherever they may
be found within the City on private and public property:
A. Any standing or living elm tree or part thereof infected to any degree with
the Dutch elm disease fungus, Ophiostoma ulmi (Buisman) Nannf. and
Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles,
Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff). And also,
any dead or dying elm tree, arising from any cause, or part thereof with bark
intact including logs, branches, stumps, or firewood which has not been
disposed of properly. "
B. Any living or standing tree or part thereof in the red oak group (red oak, pin
oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus,
Ceratocystis fagacearum (Bretz) Hunt.
C. Also, any living or standing tree in the white oak group (white oak, bur oak,
bicolor oak) that poses a threat of transmission of the oak wilt fungus to
other trees of the same species through interconnected or grafted root
systems.
D. Any tree or shrub that in the opinion of the tree inspector has become or
threatens to become a hazard so as to adversely affect the public health,
safety or welfare, whether such tree or shrub shall be on public or private
property.
Golden Valley City Code
Page 1 of 3
9 10.50
E. Any trees or shrubs with epidemic diseases or pests.
Subdivision 4. Abatement
It is unlawful for any person to permit a public nuisance as defined in Subdivision 3
to remain on any premises owned or controlled by that person within the City. Such
nuisances may be abated in the manner prescribed by this Section.
Subdivision S. Inspection and Investigation
A. Annual Inspection. The certified tree inspector so designated by the City
manager shall inspect all premises and places within the City as many times
as practical or necessary to determine whether any conditions described in
Subdivision 3 exist. The tree inspector shall investigate all reported incidents
of infection or infestation by Dutch elm disease or elm bark beetles, oak wilt
disease, other shade tree disease(s) or pest problem(s), and hazardous trees
and shrubs.
B. Entry upon Private Premises. The tree inspector may enter and inspect any
private or public property at any reasonable time for the purpose of carrying
out the assigned duties specified under this Section. Such inspections will be
preceded by a legal notice published once annually in the City's local (legal)
newspaper informing all property owners within the City to destroy and
dispose of tree materials declared a nuisance by Subdivision 3.
C. Diagnosis. The tree inspector shall, upon finding indications of Dutch elm
disease or oak wilt, take such appropriate steps for diagnosis, including
analysis of twig samples from actively wilting branches by the Minnesota
Department of Agriculture Shade Tree Laboratory, or other diagnostic
laboratories capable of performing such services approved by the Minnesota
Commissioner of Agriculture. Whenever possible, diagnosis will be based
upon accepted field (onsite) symptoms.
D. Hazard Tree Evaluation. The tree inspector shall assess potential hazardous
trees according to the following guidelines as established by the Minnesota
Department of Natural Resources: 1) dead trees and branches, 2) cracks, 3)
weak branch unions, 4) decay,S) poor tree architecture, 6) root problems,
and 7) cankers. A hazard tree has a mechanical defect that is likely to cause
a tree or a part thereof, to fail and said failure has the potential to adversely
affect a target. A target includes, but is not limited to, people, vehicles,
buildings, and property, etc. Trees without targets are not considered
hazards even if they are likely to fail and can be considered beneficial in
habitat protection.
Subdivision 6. Interference Prohibited
It is unlawful for any person to prevent, delay or interfere with the City Tree
Inspector or their agent(s) while they are engaged in the performance of duties
imposed by this ordinance.
Golden Valley City Code
Page 2 of 3
9 10.50
Subdivision 7. Procedure for Abatement and Removal
A. Abatement of Shade Tree Disease Nuisances. In abating the nuisances
defined in this Section, the City Tree Inspector shall cause the infected tree,
shrub or wood to be removed, burned, debarked, and trenched (buried) or
otherwise effectively treated so as to destroy and prevent as fully as possible
the spread of disease or pest. Such abatement procedures shall be carried
out in accordance with current technical and expert opinions and procedures
as may be established by the Commissioner of Agriculture.
B. Procedure for Removal of Infected (or infested) Trees and Wood. Findings:
Whenever the tree inspector finds with reasonable certainty that the infection
or infestation defined in this Section exists in any tree, shrub or wood in any
public or private place in the City, the inspector shall proceed as follows: If
the tree inspector finds that danger of infestation of other trees is imminent,
or a potentially hazardous condition is identified, the property owner shall be
notified by mail that the nuisance shall be abated 20 (twenty) days after
notification. After the expiration of the time limited by the notice, the City
may abate the nuisance, the costs of which will be assessed against the
benefiting property.
C. Assessment. The City may assess the charges or any portion thereof against
the property involved as a special assessment under pertinent State statutes
for certification to the County Auditor and collection the following year along
with current taxes.
Subdivision 8. Transporting Infected or Infested Elm and Oak Wood
Prohibited
Whenever the City Tree Inspector finds with reasonable certainty that wood being
transported in the City is infested and/or infected, and constitutes a hazard to the
public, the tree inspector shall have the authority to prohibit such transporting.
Source: Ordinance No. 362, 2nd Series
Effective Date: 1-12-07
Golden Valley City Code
Page 3 of 3
Location
All
Trees
Ash Only
City Parks* (100% complete)
Brookview Golf Course (100% complete)
City Campuses, Fire Stations, Cemetery (100% complete)
Streetscapes & Median Plantings (80% complete)
Boulevards (20% complete)
otal through May 2010
Projection for Boulevards and Other areas
1,616
1,686
455
189
1,708
5,654
-
10,700
-~
-. I
61
~ i
1\ a
\)1 !
~t I
~i
i
!~
!
!-
~1
j,
i
-./ i
7 --j"
....u !
-"~ -aq" .
-" "'-._1
r-------------- . '- . i
....--..-....-:
~
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
763-593-8030
www.cLgolden-valley.mn.us
o
lIey
PUBLIC
TREE INVENTORY
1. City Parks complete*
2. Brookview Golf Course complete
3. City Campuses, Fire Stations, Cemetery complete
4. Streetscapes & Median Plantings 80% complete
5. Boulevards 20% complete
6. Nature Areas, Wooded Areas of City Parks,
Open Space Lots not inventoried
*note: only open space park trees inventoried
Tree Types
. Ash
· Other Deciduous (Shade trees)
. Coniferous (Collected in all parks and golf course.
Collected in blvds through March 16)
City Properties
D Park
D Community Facility
D Nature Area
D Other
Areas Not Inventoried
D State & County rights-of-way
Print Date: May 27,2010
1,800
3,600 a
Feet W
900
o
1,800
-- -
---
Public ~H~y
Me ndu
Police Department
763-593-8079 I 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
August 17, 2010
Agenda Item
6. E. Authorization to Send Letter to Hennepin County Requesting Interim Dispatch Services
Prepared By
Stacy Altonen, Chief of Police
Summary
At its July 20, 2010 meeting staff was given approval to draft final agreement terms with City of
Edina for dispatch services beginning January 1, 2011. Due to a multitude of technological
issues involved in changing dispatch providers, staff has been advised all necessary pieces
may not be in place and operational by that date. As the current dispatch services contract with
the City of St. Louis Park will expire on December 31,2010, staff requested a contract
extension through February 2011 from the City of St. Louis Park in the event the City of Edina
cannot assume dispatching responsibility on January 1, 2011. The St. Louis Park City Manager
has indicated he will not honor this extension request.
Thus, staff is seeking authorization to send a request to Hennepin County to provide dispatch
services for the City of Golden Valley, if necessary, beginning January 1, 2011 for a period
estimated to be 1 to 8 weeks in duration.
Attachment
Letter to Hennepin County requesting interim dispatch services (1 page)
Recommended Action
Motion to authorize the Mayor and City Manager to sign the request letter to Hennepin County
Sheriff Richard Stanek and County Administrator Richard Johnson for dispatch services for a
period estimated to be 1 to 8 weeks in duration.
2~i 11
a e
www.a.Koldm-valky.mn.us Y
August 18, 2010
Sheriff Richard Stanek
Hennepin County Sheriffs Office
350 South 5th Street, Room 6
Minneapolis, MN 55415
Mr. Richard Johnson
Hennepin County Administration
A2303 Government Center
300 South Sixth Street
Minneapolis, MN 55487
Dear Sheriff Stanek and Mr. Johnson:
As you are aware, the City of Golden Valley is in the midst of changing
911 dispatch services. At present, we are finalizing a contract for services
with the City of Edina to replace our current contract with the City of St.
Louis Park. Due to the multitude of technology issues involved, it is
possible all necessary pieces will not be in place and operational by
January 1, 2011. If that occurs, it is estimated there could be a gap of
several weeks after January 1,2011, where Edina would not yet be
operational for us and St. Louis Park will have discontinued service to us.
Although we have requested that St. Louis Park extend our current
contract through February, at our current fee schedule, the St. Louis Park
City Manager has indicated he will not honor that request.
This letter formally requests that the Hennepin County Sheriffs Office
provide dispatch service for Golden Valley 911 calls, if it becomes
necessary. beginning January 1, 2011 for an estimated one to eight
weeks.
Please contact Thomas Burt, City Manager or Stacy Altonen, Police Chief
at your earliest convenience to discuss this request. Thank you for your
consideration.
Sincerely,
Linda R. Loomis
Mayor
Thomas D. Burt
City Manager
c: Commissioner Mark Stenglein
Police Chief Stacy Altonen