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agenda packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 6, 2009 6:30 p.m. The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7:00 p.m. 1. CALL TO ORDER 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 - Special City Council Meeting - December 1, 2008; City Council Meeting - December 2 and 16, 2008 and Council/Manager Meeting - December 9, 2008 B. $et Time and Place of Agenda Closing C. Designation of Official Newspaper D. Designation of Depositories for City Funds 09-1 E. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority F. Licenses: 1 . General Business Licenses G. Minutes of Boards and Commissions: 1. Envision Connection Project Board of Directors - November 13, 2008 H. Bids and Quotes: 1. Tandem Axle Cab and Chassis and Miscellaneous Equipment - Quotes I. Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code for City's 2010 Pavement Management Program 09-2 J. Authorization to Sign Sergeants (LELS Local 304) Agreement K. Approval of Use of Credit Cards for Purchases L. Approval of 2009 Legislative Policies 4. PUBLIC ITEMS AND PUBLIC HEARINGS 7:00 PM A. Public Hearing - Preliminary Plat Approval- 1425 Rhode Island Avenue North, Peter Ralph, Applicant B. Public Hearing - First Consideration - Ordinance #412 - Electric Franchise - Northern States Power d/b/a Xcel Energy 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings 1. Reset Meeting Dates B. Council Assignment - Mayor Pro Tem C. Council Appointments: 1. Assistant Weed Inspector D. Mayor and Council Communications 7 ADJOURNMENT Hey M morand m City Administration/Council 763-593-3991/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. B. Set Time and Place of Agenda Closing Prepared By Judy Nally, Administrative Assistant Summary At the first meeting of every year the City Council sets the time and place for receipt of any . public information for the City Council agenda packet. Recommended Action Motion to set the closing time and place for receipt of public information for inclusion in the Council agenda packet as 4:30 pm on the Wednesday preceding the Council meeting in the City Manager's Office. alley em randum City Administration/Council 763-593-3991/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. C. Designation of Official Newspaper Prepared By Judy Nally, Administrative Assistant Summary In accordance with Minnesota Statutes the Council must delegate a newspaper of general circulation in the City as the official newspaper in which all ordinances, hearing notices, advertisement for bids, etc. are required to be published. Recommended Action Motion to designate the New Hope/Golden Valley SunPost as the official newspaper. Hey Me oran urn Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. D. Designation of Depositories for City Funds Prepared By Sue Virnig, Finance Director Summary State Law requires cities to have depositories for city funds approved annually. The attached resolution states the depositories, accounts, and signature requirements for each account. Attachments Resolution Designating Depositories for City Funds (2 pages) Recommended Action Motion to adopt Resolution Designating Depositories for City Funds. Resolution 09-1 January 6, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES FOR CITY FUNDS BE IT RESOLVED by the City Council of the City of Golden Valley that the following are named as depositories for city funds, subject to the furnishing of collateral for funds on deposit as provided in the Laws of the State of Minnesota: BNC National Bank Central Bank Piper Jaffray Companies RBC-Dain Rauscher Sterne Agee & Leach US Bank Wells Fargo BE IT FURTHER RESOLVED that the following signatories or alternates are authorized to be signatories on checks drawn on funds deposited: 1. General Checking and Payroll Checking: Mayor or Mayor Pro Tern and Treasurer or Accounting Coordinator Each check shall require two (2) signatures. 2. Internal Deposit Funds: (Brookview Golf Course Checking, Motor Vehicle Registration Fund Checking) Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change of authorization and each check shall require two (2) signatures. 3. Imprest Fund Checking: (Park and Recreation, City Activity Account, Motor Vehicle DNR transactions and Brookview Golf Activity): Signatories shall be as designated by the City Manager who shall notify the bank at the time of authorization or change or authorization and each check shall require one (1) signature. BE IT FURTHER RESOLVED that the following shall be authorized to make investments of city funds and shall be authorized to deposit the principal of said investments in the above named depositories as necessary and beneficial to the City: City Manager, City Treasurer and Accounting Coordinator. Resolution 09-1 - Continued January 6, 2009 The City Manager and City Clerk are authorized and directed to furnish each of the depositories with certified copies of this resolution along with such signature documentation as is required by the depository and the authorizations set forth under 2 and 3 above. 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 Mem randum Finance 763~593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. E. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Hey Memorandum Finance 763-593-8013 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. E. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. Hey M morandum Inspections 763-593-8090 I 763-593-3997 (fax) . Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. F. 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. #3523 #3507 #3504 #3513 #3518 #3519 Venture Auto New/Used Vehicle Sales 6130 Olson Memorial Highway $400.00 Westview Groceries Tobacco Sales 2504 Mendelssohn Avenue North $200.00 Westview Liquors Tobacco Sales 2500 Mendelssohn Avenue North $200.00 Golden Grocery & Tobacco Tobacco Sales 7722 Olson Memorial Highway $200.00 Allied Waste Services 5 Recycling Vehicles 9813 Flying Cloud Drive $250.00 Waste Management Blaine 13 Recycling Vehicles 10050 Naples Street N.E. $650.00 Recommended Action Motion to authorize the issuance of licenses as recommended by staff. Envision Connection Project Board of Directors Meeting Minutes November 13, 2008 Present: Sharon Glover, Jim Heidelberg, Helene Johnson, Linda Loomis, Philip Lund, Dean Penk, Marshall Tanick, and Blair Tremere Absent: Luke Weisberg (GVCEF Representative) Staff: Jeanne Andre The meeting began at 7:15 pmin the Council Conference Room. Approval of Minutes Tremere/Johnson moved to approve the minutes of October 16, 2008, as presented. Motion carried. Golden Valley Connects Outreach New Ideas for Outreach/Bridae Buildina - Chair Loomis and Jeanne Andre reported on initiatives in various stages of implementation. The members discussed how to use these projects for outreach. . Calvary Meal Packing - Over one million meals were packed and the church successfully engaged volunteers who are not church members. Calvary will provide an update for CityNews. . Calvary Home Maintenance Initiative - A group of church members is mobilizing to provide a team of skilled workers to aid residents who need help keeping their homes in repair. Homeowners would provide the materials. The church would like to invite folks outside of its membership to get involved. . Homework Helpers - This initiative is continuing in a modified basis for 2008. 09. It now involves 12 Meadowbrook Students in grades 4-6, who have been referred by the school. The YMCA picks up the students and transports them to Calvary Church where they play in the gym. The students then proceed to the Golden Valley Library where they get help with their homework from Golden Valley Police and Fire volunteers. Parents pick up the kids at the library or they are bused home. The program is offered on Mondays. . Dog Park - Annie Cleveland met with Mayor Loomis about spearheading the creation of a dog park. Ms. Cleveland will be invited to the Bridge Builder Quarterly Meeting to get ideas on how to develop the project. The members also brainstormed on possible corporate partners. . Buckthorn - A number of people involved in the lilac planting are interested in buckthorn eradication. Members commented on the training session the City of Minnetonka offered on buckthorn removal and noted that Fred Rozumalski at Barr Engineering has been a resource on this topic. General Mills Nature Center, Laurel Ponds and Pennsylvania Woods were identified as sites needing work. Some of these same volunteers also expressed an interest in starting a community garden or enhancing open spaces or highway right-of-way. These volunteers will also be invited to the Bridge Builder Quarterly Meeting. . 2009 Lilac Planting - Dwight Townes is setting up a January meeting with Todd Carroll at the Minnesota Department of Transportation to kick.off planning for 2009. Envision Connection Project Board of Directors Meeting Minutes November 13, 2008 - Page 2 Taste of Golden Valley - A number of Board Members will be attending and circulating with information about Bridge Builders. Chair Loomis has requested a table for literature. Jeanne Andre will bring literature and determine if the Foundation wants to sell cups. Golden Valley Days - Philip Lund reported on the recent Golden Valley Community Events Fund meeting. He will once again be coordinating the solicitation of community groups to have booths at the festival. He noted that there is probably room for more groups to be involved and more groups came forward in 2008 than could be accommodated. He recommends that criterion for having a booth should be established in advance. There was discussion on whether it is desirable to allow groups to sell items at the festival. Sharon Glover noted that the attorney general has provided an opinion on sales by non-profit groups. Bridge Builder Activities Brid~e Builder Quarterly Meetin~ - Marshall Tanick has finalized the arrangements for the November 22 Meeting at the Boy Scout Council building on Glenwood Avenue. He will add the names of new volunteers to the call list. bring refreshments and ask Bruce Peterson to chair the meeting. Blair Tremere will bring coffee and Jeanne Andre will prepare an agenda. Chair Loomis will review the PowerPoint presentation. Sprin~ Brid~e Builder Trainin~ - This item will be placed on the next agenda to start planning for a spring event to train new volunteers about Bridge Building. Cooperative Fund-Raising with the Golden Valley Community Events Fund (GVCEF) Dean Penk circulated a Memorandum of Understanding and Fiscal Agency Agreement prepared by Luke Weisberg. The group asked to place this item on the December agenda to provide more time to review the proposal. Sharon Glover volunteered to develop a fund raising plan for the group. Philip Lund reported that GVCEF has planned a January meet-and-greet session to invite more residents to get involved in the organization. Dean Penk indicated that he will be attending the December 9 Minnesota Foundations 2009 event sponsored by the Minnesota Council of Nonprofits (information included in the agenda packet). Envision (Visi) Award Helene Johnson distributed a revised summary and application for the proposed new Envision (Golden Visi) Award. She also outlined proposed policies and procedures for administering the awards process. The Members supported her modifications and recommendations. They suggested developing a certificate for the award and creating a profile of people and projects that are awarded Visis, to be posted in the City Hall display case. Recruitment of Members to the Executive Board Blair Tremere will request that Board membership be posted as an opportunity for General Mills employees. Board membership will also be presented as an option at the Bridge Builder Quarterly Meeting. Envision Connection Project Board of Directors Meeting Minutes November 13, 2008 - Page 3 Future Meetings On review of the proposed 2009 meeting dates, the Board will recommend an alternative date for the April meeting, which conflicts with Passover. The meeting ended at 9:05 pm. Jeanne Andre Assistant City Manager Hey Memorandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. H. 1. Purchase One Tandem Axle Cab Chassis Truck Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Summary The 2009-2013 Capital Improvement Program includes $210,000 for one tandem axle cab, chassis truck and equipment. This truck will be equipped with a swaploader system dump body, front snowplow, rear wing, underbody scraper, sander and associated hydraulics. Staff utilizes this equipment for snow removal and other maintenance activities. The swaploader system allows staff to utilize various truck boxes and accessories for one truck. This equipment will replace a 2000 tandem axle dump truck. (Unit #752). The lead-time for truck delivery and equipment is seven to eight months. This dump truck will be sold at the fall auction. The Minnesota Materials Management Division has awarded the following contracts: Contract No. Item Vendor Amount 439004 International 7600 6x4 Astleford International $94,330.12 Tandem Axle Cab and Chassis Tax $6,131 .46 Subtotal $100,461.58 438584 Swap loader, SL400, Wing, Aspen Equipment, Inc. $104,327.00 Underbody, and Equipment (no front plow)* Tax $6,781.26 Subtotal $111,108.26 TOTAL PURCHASE $211,569.84 *Staff will utilize existing front plow from the old truck (752) to be utilized on the new truck, eliminating the purchase of a front plow at a savings to the City of $8,000. Recommended Action 1. Motion to approve purchase of one 2009 International 7600 6x4 tandem axle cab and chassis truck from Astleford International in the amount of $100,461.58. 2. Motion to approve equipment purchases from Aspen Equipment, Inc. in the amount of $111,108.26. hlley M m ndum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. I. Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code for City's 2010 Pavement Management Program Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the city to be reimbursed for expenditures related to the 2010 City Pavement Management Program. This reimbursement agreement will allow the City to make expenditures for this project and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the project(s). Attachments Resolution Relating to the Financing of the City's 2010 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (3 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of the City's 2010 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Resolution 09-2 January 6, 2009 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2010 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake a pavement management program in 2010, consisting of the improvement of the City streets identified on Exhibit A hereto (collectively, the "Project"), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not to exceed $5,600,000. (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)( 1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. Resolution 09-2 - Continued January 6, 2009 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically' identify the original expenditures being reimbursed. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 09-2 - Continued January 6, 2009 EXHIBIT A 2010 PAVEMENT MANAGEMENT STREET LIST: · Cutacross Road: Meander Road to Ski Hill Road · Edgewood Avenue North: Glenwood Avenue to Westchester Circle · Georgia Avenue North: Glenwood Avenue to Westchester Circle · Harold Avenue: Idaho Avenue North to cul-de-sac · Idaho Avenue North: cul-de-sac to Olson Memorial Frontage Road (south) · Kingston Circle: Idaho Avenue North to cul-de-sac · Meander Road: Glenwood Avenue to Cutacross Road (west) . Olson Memorial Frontage Road (south): Douglas Drive to Glenwood Avenue · Olson Memorial Frontage Road (south): cul-de-sac to 375 feet East of Schaper Drive · Paisley Lane: Glenwood Avenue to Cutacross Road · Pomander Walk: Paisley Lane to cul-de-sac · Rhode Island Avenue North: Harold Avenue to cul-de-sac . Ski Hill Road: Paisley Lane to cul-de-sac · Westchester Circle: Olson Memorial Frontage Road (east) to Olson Memorial Frontage Road (west) · Windy Draw: Ski Hill Road to cul-de-sac Hey Memorand m City Administration/Council 763-593-8096/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. J. Authorization to Sign Sergeants (LELS Local 304) Agreement Prepared By: Paula A. Graff, Human Resources Coordinator Summary A one year agreement with LELS Local 304, the Sergeants unit of LELS, has been reached. The contract calls for a 3% increase in 2009. It introduces Paid~Time Off for sergeants hired after December 31,2008 and increases the number of years it will take new sergeants to achieve the top pay range from one year to three years. Also, the contract moderates contract language which requires that a written warning is removed from a sergeant's personnel file after 40 months, with language which provides for more serious written issues to permanently remain in the file. The agreement has been approved by the member of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement - Sergeants 2009 (16 pages, underscored, overstrike version, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager sign the 2009 Sergeant agreement. LABOR AGREEMENT SERGEANTS 2007 20082009 This Agreement dated is made and entered into by and between the City of Golden Valley, hereinafter referred to as the Employer and Law Enforc.ement Labor Services, Local #304 representing the Golden Valley Police Sergeants, hereinafter referred to as the Union. DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them: EMPLOYER: City of Golden Valley or its Representatives UNION: EMPLOYEE: Law Enforcement Labor Services Local 304 (LELS) A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union. MEMBER: A member of the LELS Local 304 to which this contract applies. ARTICLE 1. Purpose of Agreement. This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement is a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179.71, Subdivision 3, for all employees of the Golden Valley Publio SafotyPolice Department bargaining unit as identified by the Bureau of Mediation Services, certification of Exclusive Representative dated January 1, 1982, Case No. 82-PR" 277-A. Section 2. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department of Pl:Jblio Safoty and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interference by the Union", except as limited by the terms of this Agreement. City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Layoff Employees c. Demote, suspend, discipline or discharge Employees d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub- contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal work day, hours of work, the beginning or ending time of each shift or assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget and the utilization of technology. g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. 2 ARTICLE 4. Union Security. Section 1. A The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of paragraph A of this Section. Section 2. The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. Section 3. The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department Section 4. The Employer agrees to allow the officers and representatives of the E!argaining Unit reasonable time off and leaves of absence, with prior approval and without pay for the purpose of conducting Union business when such time would not be detrimental to the work programs of the Employer. Section 5. The Employer agrees to post on the department bulletin board all promotional opportunities within the Bargaining Unit; to publish the method bywhich promotions shall be made within the Bargaining Unit; and to make copies of all work rules and regulations available to Employees. ARTICLE 5. Employer Security. Section 1. Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, stoppage of work or the absence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment Section 2. Any Employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. 3 ARTICLE 6. Equal Application. Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non-membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. Savings. Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement shall be held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. Grievance Procedure. Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined 4 that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss his/her claim with the Employee's immediate supervisor. This should be done within fourteen (14) calendar days from the occurrence of the believed violation or from when the Employee became aware of it. The Employee should complete the grievance notice sheet and submit it to the supervisor at the time of the discussion with the supervisor. The supervisor will respond, in writing, within ten (10) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from the Union at this step. Step 2. If the dispute is not solved at Step 1 between the Employee and the supervisor, then the Employee should meet with the Union and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed violated and the remedy requested. This shall be submitted to the Employer- designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the Employee and THE UNION. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer- designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and THE UNION. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. A grievance unresolved in Step 3 may be appealed by the Employee and THE UNION to Step 4. Notification of intent to appeal to Step 4 shall be made within ten (10) days of receipt of Employer's Step 3 answer. A Step 4 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Bureau of Mediation Services. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall 5 consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 2, the grievance remains unresolved, the grievance may be appealed either to Step 3 of Article 8 or a procedure such as; Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 8 or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 8. ARTICLE 9. Safety. The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 10. Seniority and Time in Grade. Section 1. Definition. Seniority shall mean an Employee's length of services as a patrol officer and/or sergeant with the Department since his/her last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without 6 pay. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by their position on the Civil Service list when hired. Time in grade shall mean an Employee's length of service in his or her current rank with the department since his/her last date of promotion. Time in grade may only be broken by the same acts as defined above for seniority. The Union shall prepare a time in grade list and a roster by time in grade, to be submitted to the Employer for approval and posting. When two or more Employees have the same time in grade list, their position on the time in grade list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new Employees shall be hired until the layoff list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted Employee may be returned to his/her previous position at the sole discretion of the Employer. The probationary period shall be 1 year for promoted Employees and 1 year for new Employees from date of hire or completion of basic recruit school if completed while on City payroll. ARTICLE 11. Discipline. Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Writton reprimands will be purged from tho Employoo's porsonnel file and be of no effect 40 months after tho date on which Employee acknowledged the reprimand. 7 Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garrity Warninq is qiven prior to being questioned regarding a possible disciplinary action. If a representative is not present '....ithin two (2) hours, questioning may prooeed. B. If an investigation is not oommenoed during the shift when the oomplaint '....3S reoeived, the Employoe Sh311 still have an opportunity to request a representative. However, for these inoidents, if a representative is not present within sixteen (16) hours, questioning may proceed. Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 3 of the grievance procedure. Section 8 Disciplinary Action The City will utilize two types of employee misconduct forms, temporary and permanent. Both shall be subiect to the grievance procedure. Temporary misconduct forms shall be destroyed after one year. ARTICLE 12. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training.-aR€l-vacations and/or paid- time off (PTO). Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. This Section shall also not be used for the computation of overtime. Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted two weeks in advance. ARTICLE 13. Court Time. Section 1. An Employee who is scheduled to appear in court during his or her off- duty time shall receive a minimum of four (4) hours straight time payor pay at 1 1/2 times the Employee's pay rate for the actual number of hours spent in court, whichever is greater. An extension or early report to a regularly scheduled shift does not qualify the 8 Employee for the minimum. When an Employee is notified of a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Court time shall also include time spent in depositions and in attorney preparation meetings with attorneys representing the City of Golden Valley~ Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. ARTICLE 14. Sick Leave. Each permanent full-time Employee shall be granted eight (8) hours sick leave with pay for each month of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (800) hours. For every day of sick leave an Employee earns after he has accumulated eight hundred hours, he/she will be given credit for four (4) hours additional vacation and four (4) hours of pay, computed at the end of each year. Sick leave may not be used during the first 6 months of employment, but will be credited for use following the first 6 months of employment. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion, but shall be allowed in the case of actual illness, legal quarantine or disability of the Employee, or because of death or critical illness in his/her immediate family*, Or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, or if more than two days, that he/she has been under treatment and supervision of a doctor or dentist who recommended work not be performed. If Employee has been incapacitated for the period of his/her absence or a major part thereof, he/she may be required to provide evidence that he/she is again physically able to perform his/her duties. Sick leave shall be computed on a working day basis when used. Sick leave is intended as a benefit primarily to the Employee himself/herself and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. Up to five (5) days leave with pay without deduction from sick leave shall be granted for death of spouse or child. Up to three days sick leave shall be granted for death in the immediate family and up to one day in the case of death in the next degree of kindred. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. * The following kin (including step or half relationships) of either the Employee or the Employee's spouse: children, mother, father, sister or brother and grandparents. Emolovees hired under the PTO olan are subiect to the orovisions under Article 19. ARTICLE 15. Termination Pay. 9 Termination removes job rights and benefits and rehire status benefits as with a new Employee. Settlement of all benefits for the Employees who have been laid off, retired, or whose actions were not a factor in their termination shall be made at termination as follows: Upon termination of service and after completion of five years of continuous service to the City as a full-time permanent Employee, an Employee shall be entitled to receive in pay 1/3 of unused sick leave in addition to accrued annual leave. Also, after 10 years of service or PERA certifiable disability that results in termination of employment, such Employees shall receive one days' pay for each full year of service to the City. In the event of death, payment shall be made to the survivor. ARTICLE 16. Leaves of Absence. Section 1. Jury Duty. Employees called for jury duty shall suffer no loss in their normal salary. Employees claiming jury duty pay shall sign over all jury duty fees to the Employer. Section 2. Military Reserve Service. Employees serving in the military reserve shall suffer no loss in their normal salary to the extent provided by Minnesota Law or Federal Law. Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. Section 4. Maternity/Paternity. Employees shall be granted up to 90 consecutive days for maternity or paternity leave. The Employee may use sick leave and vacation days that have been accumulated or all or part of the leave may be taken as an unpaid absence. Requests shall be made in writing to the City Manager. Extensions may be granted only by agreement of the City Manager. Section 5. Military. Employees shall be granted unpaid military leaves consistent with applicable Minnesota Statutes. Requests shall be made in writing to the City Manager. ARTICLE 17. Vacation Leave. Section 1. Employees shall be entitled to a paid vacation based upon service in the prior years. Annual leave shall be earned as follows: Date of Hire until completion of 5 years Over 5 years until completion of 10 years Over 11 years Over 12 years Over 13 years Over 14 years Over 15 years Over 16 years Over 17 years _2 weeks 3 weeks 3 weeks plus 1 day 3 weeks plus 2 days 3 weeks plus 3 days 3 weeks plus 4 days 4 weeks 4 weeks plus 1 day 4 weeks plus 2 days 10 Over 18 years Over 19 years Over 20 years and above 4 weeks plus 3 days 4 weeks plus 4 days 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six-month period, annual leave accrued during the initial six-month period will be granted. Section 2. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry over double their current accumulation from one calendar year to the next. Section 4. Employees may request additional time oft without pay up to a maximum of one year in a five-year period. Such requests shall be made in writing and are subject to the approval of the City Manager. Section 5. Employees hired under the pro plan are subiect to the provisions under Article 19. 11 ARTICLE 18. Holidays. Work schedules for Employees are made up without regard for weekends and holidays. In view of this fact, each Employee is granted 11 additional days (12 days beginning January 1 , 2006 {with one of those days as an unnamed floating holiday) leave each year in lieu of holidays. Holiday leave is added to vacation leave on a pro rata basis each pay period and shall be credited whether or not the Employee is scheduled to work on a holiday. These days must be taken during the year earned, except Christmas which may be carried over to the following year. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Work on January 1, Martin Luther King Day, Presidents' Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day and Christmas Day, will be compensated at the rate of time and one- half (1 1/2) the Employee's regular rate of pay for all hours worked on these holidays plus holiday time. ARTICLE 19. Paid-time Off (PTO) Employees hired after December 31,2008 shall participate in the City's PTO plan. ARTICLE 20. Injury on Duty. Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave. PTO -or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. ARTICLE 2{)21. Administrative Leave/Light Duty The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Police Sergeants may experience stress reactions or other emotional problems that impact their ability to work efficiently and effectively. In light of the foregoing, the City's decision to grant administrative leave or light duty will be based on the following criteria: 1. That the sergeant is referred to a psychologist or other qualified mental health professional by the Publio Safety DireotorPolice Chief. Self-referral with the concurrence of the department head will be deemed to be referral by the City. 2. The cost of any evaluation recommended by the Department will be borne by the City and the time spent by the sergeant undergoing the evaluation will be considered duty time. 3. Administrative leave/light duty shall be granted based on the recommendation of the Evaluator and a finding that the need for administrative leave/light duty is reasonably 12 related to an incident occurring in the course and scope of the sergeant's employment with the City. 4. The Director of Public SafetyPolice Chief will be advised of all findings and recommendations of the Evaluator, excluding any background material that led to the finding and recommendation. 5. Any administrative leavellight duty granted will be for the purpose of obtaining treatment and/or counseling or participating in other activities prescribed by medical/mental health Evaluator. 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. ARTICLE 2422. Qualifications for Continuing Employment. Any Employee deprived of his/her state license to act as a police officer shall be suspended without pay during that period. ARTICLE 2223. Personal Liability Insurance. The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to person, property, or character, when such alleged false arrest or alleged injury to person, property, or character was the result of an arrest made by such officer in good faith and in the performance of his or her official duties and pay reasonable costs and expenses of defending such suit, including witnessfees and reasonable counsel fees. ARTICLE 2324. Standby. Employees specifically required by the Employer to stand by shall be paid for such standby time at the rate of one-hour regular pay for each hour of standby, with a minimum of two (2) hours of pay. ARTICLE 2425. Educational Reimbursement. The City will reimburse 100% of the Employee expenses for tuition, fees and books required for job-related educational courses upon completion of the course provided that: 1. The course has received prior approval of the Employee's department head and the City Manager. 2. The Employee attains a grade of "C" or better and is so certified to the City. 13 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. All other non-related course work will be reimbursed at rate of 50%, with an annual cap of $500. ARTICLE 2526. Training. The City will provide training to meet Post Board Certification standards and will pay for ongoing Post Board licenses required of each sergeant. ARTICLE 2627. Salaries and Benefits. Salarv Effective January 1, 2009. monthly wage rates are as follows: 2007 Monthly Wage: Start $6,362.10 1 Year $6,563.81 2008 Monthly \II1ago (1 1 08 through 6 30 08): Start $6,489.34 1 Ye::lr $6,695.09 2008 Monthly W::Igo (starting 7 1 08): Start $6,619.13 1 Year $6,828.99 Step 1 Step 2 Step 3 Step 4 2009 $6253.08 $6503.20 $6763.33 $7033.86 Step increases normally occur on the date of the employee's service anniversarv in accordance with established city policies. Sergeants appointed prior to Januarv 1, 2009 shall be placed at Step 4 upon achievina their one year anniversarv. Insurance An amount equivalent to 2% of the base salary will be provided on a monthly basis to the employee to purchase insurance. Insurance must be purchased through an approved City vendor and must be an approved City plan. When available, dental insurance will be offered with the cost of the premiums being paid for out of the above 2% of base salary and/or by Employee contribution, whichever he/she chooses. If the City expands the flexibility of the use of this benefit to other supervisors, the same flexibility will be extended to Employees covered by this agreement. 14 Buyback of Accrued Time The City will buy back accrued time paid at a straight hourly rate on a quarterly basis. Sergeants will, if they so choose, be allowed to carry over (10) accrued hours into the next quarter. Health Insurance The City will contribute $179-925 per month in 200+-2009 for health insurance. Insurance must be purchased from City approved vendor and by a City authorized plan. Wellness Incentive Employees who successfullY participate in the City sponsored wellness initiative in 2009 shall receive the full Health Insurance contribution in 2010 from the City. Non-participatinq or non-successful employees shall receive $20 less per month. Disability Insurance The City will provide Long Term Disability Insurance to the employees. Uniforms City will provide uniforms and equipment. Employees in any of the enumerated non- uniformed positions shall receive $ 581.14 annually in 2007$594.41 annually in 2009 for clothing. That rate will be adjusted each year hereafter by the October-to-October Midwest Reqion CPI-U of the Consumer Price Index/Apparel Index. ARTICLE 27. Overtime Pay. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. Hours reimbursed at the overtime rate shall include callbacks and schedule extensions. These hours shall be compensated at one and one-half times the employee's base rate of pay for hours worked beyond the Employee's regularly scheduled work shift. Changes in shifts do not qualify the Employee for overtime. For the purpose of computing overtime compensation, overtime hours worked shall not by pyramided, compounded or paid twice. Overtime shall be calculated to the nearest 1/10 of an hour. Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the hours in pay, or time off (referred hereto as accrued time); and shall receive one and one-half (1 1/2) hours off for each overtime hour worked and hour for hour for straight time worked. Accrued time shall be taken in the same manner as vacation time, or reimbursed as provided in this Agreement. ARTICLE 28. Duration. The term of this Agreement shall be from January 1, 200+-2009 through December 31, 20082009. 15 GOLDEN VALLEY POLICE SERGEANTS, LOCAL 304 Dennis Arons, PresidenVTreasurer Brooke Bass, Business Agent (LELS) CITY OF GOLDEN VALLEY Linda R. Loomis, Mayor Thomas D. Burt, City Manager 16 alley Me 0 ndum Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. K. Approval of Use of Credit Cards for Purchases Prepared By Sue Virnig, Finance Director Summary The City currently uses store issued credit cards for purchases at BP Amoco, Northern Tool, Sears, Super America and Home Depot. These stores will not accept City purchase orders. The credit cards are kept in the Finance Department and given out to employees for purchases that have been previously approved by the appropriate supervisor. The Operations Commander has been approved to control one card from BP Amoco and one card Super America. The payments of credit card charges are included on the bi-weekly check registers approved by the City Council. The City does not issue individual credit cards, such as Visa and MasterCard, to employees. The Legislature has authorized the use of credit cards by cities, but the legislation requires prior City Council approval of those employees who will be using the cards on behalf of the City. Therefore, I am recommending that the City Council authorize the use of the above credit cards by any City employee, who has received the prior approval of the appropriate supervisor to do so. Recommended Action Motion to approve usage of credit cards by any city employee who has received prior approval from the appropriate supervisor. alley Memorandu'm City Administration/Council 763-593-8014/763-593-8109 (fax) Executive Summary for Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 3. L. Approval of 2009 Legislative Policies Prepared By Jeanne Andre, Assistant City Manager Summary At the December Council/Manager Meeting the Council discussed proposed 2009 Legislative Policies. The Council suggested some wording changes to the 2008 policies and revised the order of the priorities. It asked staff to update the policies with changes to the 2009 legislative policies of the League of Minnesota Cites (LMC), Metro Cities, Robbinsdale School District and Hopkins School District. A revised document has been sent separately for the Council to review. Staff has recommended adding an additional policy related to Utility Relocation Under Design-Build Road Construction. This policy is a new LMC policy that parallels the position taken by the Golden Valley Council at legislative hearings a few years ago and was inserted by staff as policy four. The Council should determine if this new policy should be added and indicate the desired priority. The Council should review the revised document and determine if it represents the positions it would like to formally adopt and present to area legislators. Staff has invited legislators to review the policies at the January Council/Manager Meeting. Attachments 2009 Legislative Policies (30 pages, loose in agenda packet) Recommended Action Motion to approve the 2009 Golden Valley Legislative Policies. 2009 legislative<Polities Table of Contents 1. Fiscal Disparities.............................................................................................................. 4 2. Metropolitan Council Inflow/Infiltration Surcharge ......................................................... 5 3. Minnesota Department of Transportation, Transportation Funding and Management ..... 6 4. Utility Relocation Under Design-Build Road Construction.............................................. 7 5. Funding for the Clean Water Legacy Act.......................................................................... 8 6. Education Funding................................................................................................. ......... 10 7. Group Residential Facilities in the Single-Family (R-I) Zoning District ...........................11 Appendix..................................................................................................""..........................................................._....13 I-A. Fiscal Disparities: Metro Cities (AMM) Legislative Policy I-G ...................................... 13 2-A. Metropolitan Council Inflow/Infiltration Surcharge: Metro Cities (AMM) Legislative Policy IV-K .......................................................................14 3-A. Minnesota Department of Transportation, Transportation Funding and Management: Metro Cities (AMM) Legislative Policy V-A............................................ 15 3-B. Minnesota Department bfTransportation, Transportation Funding and Management: League of Minnesota Cities (LMC) Legislative Policy LE-30................... 16 3-C. Minnesota Department of Transportation, Transportation Funding and Management: Metro Cities (AMM) Legislative Policy V-E............................................ 18 3-D. Minnesota Department of Transportation, Transportation Funding and Management: Metro Cities (AMM) Legislative Policy V-J ............................................. 19 3-E. Minnesota Department of Transportation, Transportation Funding and Management: Metro Cities (AMM) Legislative Policy V-O ........................................... 20 3-F. Minnesota Department ofTranspottation, Ttansportation Funding and Management: League of Minnesota Cities (LMC) Legislative Policy LE-32................... 21 3-G. Minnesota Department ofTtanspottation, Transportation Funding and Management: League of Minnesota Cities (LMC) Legislative Policy LE-15................... 22 4-A.. Minnesota Department of Transportation, Transportation Funding . and Management: League of Minnesota Cities (LMC) Legislative Policy SD-6 .................... 23 5-A. Funding for the Clean Water Legacy Act: Metro Cities (AMM) Legislative Policy I1I-Q....................................................................... 24 5-B. Funding for the Clean Water Legacy Act: League of Minnesota Cities (LMC) Legislative Policy SD-42 ............................................... 25 6-A. Education Funding: Robbinsdale Area Schools Legislative Action Coalition: 2008 Session Priorities.......................................................................................................... 27 6-B. Education Funding: Hopkins Public Schools Legislative Action Coalition: 2008 Platform ... .... ...... ..... .... ............ ... .... .... .... ....... .... .... ..... ........ ......... ................. ............... 28 7 -A. Group Residential Facilities in the Single-Family (R-I) Zoning District: Metro Cities (AMM) Legislative Policy II-H.............................................. 29 7- B. Group Residential Facilities in the Single-Family (R-I) Zoning District: League of Minnesota Cities (LMC) Legislative Policy 10 ........................... 30 --.,.1.1 II Il. 'rf 1".-;)11 tfilli rn11I' filll>lla.liJj 11.'1 filii"" :li'111i11;J; Jl JL .1b,~-r,;'" Page 3 1. Fiscal Disparities Issue Since 1971, Fiscal Disparities has required cities to share a portion of their commercial and in- dustrial tax base growth with other jurisdictions. The contribution amount is based on the rela- tive fiscal capacity of each community, which is measured by the market value per capita. Each year the City of Golden Valley receives its share and contributes to the pool. Because Golden Valley has a high fiscal capacity, it contributes more to the pool than ir receives. In 2009, Golden Valley will contribute $4,664,476 in net tax capacity. In recent years, changes in classification rates for commercial/industrial properties have decreased the tax capacity available to cities to deal with the increased demand for services for these uses. At the same time, traffic levels have increased while state funding for local roads has decreased. For cities contributing to fiscal disparities, the burdens have increased while fewer resources are available to address them, creating a higher burden for residential properties in these communi- ties. Commercial properties can contest their taxable market values until April of the current tax year. If there were to be a mid-year adjustment in value, the city pays the abatement of taxes but is not reimbursed from the fiscal disparities pool. With more adjustments mid-year and class rates that changed in 2001 on commercial and industrial properties, the burdens for having this type of property in a city are not adequately managed through current fiscal disparities cost sharing statutes. Response 'The City of Golden Valley supports a comprehensive study of the fiscal disparities program to examine its initial purpose, the extent to which this purpose is currently served or should be amended, and changes in the tax structure that have impacted the program. With the benefit of this information, Golden Valley would support adjustments to the fiscal disparities program that would create a more equitable tax policy for the twin cities metropolitan area. See Appendix 1-A: Metro Cities (AMM) Legislative Policy I-G Page 4 . . . .);,LllilEt 'JjliJjII:IU.,l. tfiJ Ii fi1ilI f fill (;l'aIi:IJ I I.'" iii 1111.. :m 1111 (;J,--...,.. 2. Metropolitan Council Inflow/Infiltration Surcharge Issue To reduce the volume of inflow and infiltration (clear water) entering its sanitary sewer system and wastewater treatment system, the Metropolitan Council Environmental Services (MCES) has instituted a program that places a surcharge on cities with excess peak flows. Golden Val- ley's inflow and infiltration (III) surcharge for peak flow violations is $388,100 annually, or $1,900,500 for five years. This is based on one peak flow violation in 2005. Historically, the City has had three or more violations per year. Golden Valley must spend more than $388,000 each year in activities to reduce its inflow and infiltration, or the MCES will hold the money until the City spends it. After 2011, the surcharge becomes a demand charge if cities do not meet MCES established goals. Golden Valley has been one of the most proactive communities in addressing public and private property sources of III in the last year. However, the City has found that during its point of sale inspection program, approximately 22 percent of the properties were non-compliant and the sewer services were in need of rehabilitation. The average cost of rehabilitation is $3,600, but costs range from $500 to approximately $10,000. Response The City of Golden Valley supports the following positions: · the surcharge program should be set at a fixed rate each year and not subject to change based on violations · demand charges to cities should be deferred until 2018 · funding should be established to assist private property owners in replacing or rehabilitating their private services · funding should be established to assist cities with public improvements that reduce III See AppendIX 2-A: Metro Cities (AMM) Legislative Policy IV-K --.,.1.111 Jj. ff IlflJlI triI Ii r:JiIl! f.1llfl'Al!:lJ 11.1 Jilll'I" :mIl III 'I; 11_lhd\. pau 5 3. Minnesota Depanment of Transponation, Transponation Funding and Management Issue The City of Golden Valley has the following transportation-related concerns: · The City has had to delay street improvements due to inadequate funding for Municipal State Aid projects. Some of these roads are in severely deteriorated condition. · The City does not receive adequate Municipal State Aid funding to install pedestrian and bike facilities on its MSA system or county roads. · Current Municipal State Aid rules do not permit the use of MSA funds for relocating or bury- ing private utilities. · The Legislature has failed to provide appropriate funding to MnDOT so that it can maintain its rights-of-way, fences, and vacant properties in the metropolitan area. · MnDOT has been unable to convey rights-of-way and excess properties from past projects to local governments so they can be evaluated for development potential. · MnDOT has indicated it cannot agree to long-term maintenance of water quality improve- ments that protect water bodies adjacent to the highway system. Response The City of Golden Valley supports: · legislation that allows local government to implement a street utility fee · additional highway bonding · an increase in the motor vehicle sales tax · restoration of license tab fees · additional funding from the general fund so MnDOY can meet the state's maintenance and transportation needs · use of public right-of-ways, including County and Municipal State Aid roadways, for all forms of transportation See AppendiX 3-A: Metro Cities (AMM) Legislative Policy V-A See AppendiX 3-8: League of Minnesota Cities Legislative Policy- LE- 30 See AppendiX 3-C: Metro Cities (AMM) Legislative Policy V-E See AppendiX 3-0: Metro Cities (AMM) Legislative Policy V-J See Appendix 3-1: Metro Cities (AMM) Legislative Policy V-O See Appendix 3-F: League of Minnesota Cities Legislative Policy- LE-32 See AppendiX 3-G: League of Minnesota Cities Legislative Policy- LE-15 Page 6 . 'fct\jlWBfiil'm li IT lllJI)I1fl.I1I11. tfilli ~!F.11 r;JlaJi)J 11.'1 t.lllll~ :Ii111i11~~ 4. Utilitv Relocation Under Design-Build Road Construction Issue The Minnesota Department of Transportation (MnDOT) has promoted legislation relating to the design-build construction process that would require private and public utilities to be responsible for utility relocation necessitated by road construction. The policy, if enacted, would create unanticipated costs for utilities owned and operated by cities. Municipally-owned utilities would be unreasonably held to the same standards as privately-owned utilities that exist in the public right-of-way. . Response The City supports use of the design-build procedure; however, municipal utilities that exist in the public right-of-way should not be penalized under this process. Municipal utilities legiti- mately exist in the public right-of-way. When a MnDOT construction project requires the relo- cation of utilities, the cost of relocating municipal utilities should be shared equitably between the department and affected municipal utilities. See Appendix 4.1: League of Minnesota Cities Legislative Policy-SD-6 ~!lllll.',jlll.'l.tfi1ri~lrnl r:l'aIiJjI I:t 1111111..:lilIHII;J; , ,dfitilifWtlli;M/%" Paue 1 5. Funding lor the Clean Water legacy Act Issue The 1972 Clean Water Act requires all states to develop a list of impaired waters that do not meet state water quality standards (even after measures to address point sources of pollution have been implemented), prioritize them, determine sources of non-point pollution, and formulate a plan for improving the quality of each water body. The following water bodies located in Golden Valley are on the impaired waters list: · Sweeney Lake · Wirth Lake · Bassett Creek Main Stem (two impairments) Golden Valley is tributary to the following impaired waters: · Medicine Lake · Lake Hiawatha · Lake Pepin Other water bodies may be added to this list. Although a list of impaired waters has been required since 1972, very few states have complied with the Clean Water Act. Recent lawsuits filed against the Environmental Protection Agency (EPA) seek development of these lists as required by law. Based on rulings on these lawsuits, the EPA and the states are under COutt orders to establish the impaired waters lists. Furthermore, the Clean Water Act restricts additional pollutants from entering listed impaired waters until plans are in place to dean up the waters. As a result, growth, development, redevelopment, and expan- sion within cities throughout Minnesota would likely be limited or prohibited in the future. Response The City will work actively with the administration, the Legislature, and other stakeholders in the design arid implementation of Minnesota's impaired waters program to accomplish the fol- lowing objectives. · Ensure equitable funding solutions are found, such as the state general fund or bonding, that broadly collect revenue to address this statewide problem. · Support legislative passage of revenue streams dedicated to providing at least $80 million per year to these programs. These funds should supplement traditional sources of funding for these purposes and not cover budget cuts, backfill past program reductions, or to otherwise supplant normal state spending on water programs. · Direct the majority of funds collected by the state for impaired waters into programs that fund municipal wastewater and storm water projects. Funds are also needed for state programs (Clean Water Revolving Loan Fund, Wastewater Infrastructute Fund, Phosphorus Reduction Grant Program, TMDL Grants Program, Small Community Wastewater Treatment Grant paue 8 :', :,;;L\i~j;jdr::: ;~.'l. tiilli riIi1ll m IlfllAlili II:Uill.'.", :Iilllll ~~.-....,.. and Loan Program) that provide technical support for municipal wastewater and storm water permitting and for other state programs that provide financial resources for city wastewater treatment facilities, septic tank replacement, storm water management projects, and other city water quality improvement and protection projects. · Adequately cover the current five-year wastewater infrastructure funding need projection of more than $2.1 billion. · Recognize and address the costs of new regulatory mandates and load reduction requirements on municipal storm water management infrastructure and operation. · Allow flexibility in achieving pollutant load reductions and limitations through offsets or trad- ing of pollutant load reduction credits for both point and nonpoint load reduction. · Recognize and credit the work under way and already completed by local units of government to limit point and non point source water pollutant discharges. · Recognize the diversity of efforts and needs that exists across the state. · Ensure the best science available is used to accurately determine the sources of pollutant load to maximize positive environmental outcomes and minimize unnecessary regulatory and financial burdens for cities. · Ensure the state requires that the MPCA retain control of the TMDL development process and that all scientific research related to TMDLs is conducted by the MPCA or qualified, objective parties pursuant to state contracting and procurement. · ClarifY state water quality mandates so cities know specifically what they are required to do and what methods of achieving those outcomes are acceptable to state and federal regulators. See Appendix 5-A: Metro Cities (AMM) Legislative Policy II1-Q See Appendix 5-8: League of Minnesota Cities Legislative Policy-SD-42 ~lWIlfl.I1IIlItfilli fiIill' f.11 1<l'1l.l!lJ 11.1 filllll;)l :li1111t 1;1: If"~\: J , PBue 9 6. Education Funding Issue Adequately funded K-12 schools, early education, and after-school programs are critical to a healthy community and productive society. The City .of Golden Valley has the following con- cerns: · School districts in Minnesota increasingly must rely on passing surplus referendums to fund basic operating expenses. · Studies show that quality child care and early education programs can cut crime and violence, yet Head Start is so under-funded that it could serve only about six of 10 eligible three- and four-year-olds in Minnesota in 2000. The Child Care and Development Block Grant, to help low-income parents pay for child care, could serve only 6 percent of eligible Minnesota chil- dren in 1999. Minnesota remains far from meeting the needs oflow- and moderate-income working families for quality child care. * · Average child care center tuition for two children can exceed $17 ,800~more than a full-time, minimum-wage earner makes in a year. · Low wages for child care center teachers in Minnesota too often result inhigh staff turnover, inadequately-trained staff, and low-quality care. · Quality after-school programs can transform hours of soaring crime, drug use, and car crashes into hours of constructive, supervised activities that can build the values and skills children need for school success and job productivity. However, state and federal budget cuts have eliminated programs or reduced eligibility in programs, placing an increasing number of vul- nerable children in unsupervised and risky situations. Response The City of Golden Valley supports: · adequate, fair, and stable funding for K-12 schools so school districts never have to levy for core operating services · increased statewide funding for high-quality early education programs · state investment to ensure that all school-aged children and teens have access to after-school youth development programs *Source: Fight Crime: Invest in Kids - 1212 New York Ave. NW; Suite 300 - Washington, DC 2005. See Appendix 6-A: Robbinsdale Area Schools Legislative Action Coalition: 2009 Session Priorities See APpendix 6-8: Hopkins Public Schools Legislative Action Coalition: 2009 Platform Page 10 "':.~Ji!;'l1'\. liIlIiIIfUT.,I.tfilli 11Iia' fill 1;l1aI1J!1 J:t filllll~ :li111i11~~ 1. Group 8esidenUal Facilities In The Single-Familv (8-1] Zoning District Issue Numerous citizens have informed the Golden Valley City Council about a concentration of group homes within a Golden Valley neighborhood. In one case, two group homes are located next to each other and two others are located within a block or two. Golden Valley is a city with many small neighborhoods isolated by arterial streets, parks, or other large facilities. Concentra- tion of group homes in such a neighborhood could dramatically change its character. In the mid-1980s, the state decentralized the care of various groups of persons by eliminating larger institutions. The goal was to create smaller, residential treatment homes within neighbor- hoods. The Legislature established a human service licensing law (Minnesota Statutes Section 245A.ll, Subd. 3) that requires cities to permit state-licensed group homes (defined as residen- tial facilities in the Golden Valley zoning code) serving six or fewer persons in single family zon- ing districts. It also allows cities to require conditional use permits for state licensed group homes if they serve seven to 25 persons in R-l, R-2, and Multiple Family Zoning Districts. The Golden Valley Zoning Code is consistent with state law. Response To constrain over-concentration of licensed group homes in Golden Valley and other suburbs, the Golden Valley City Council will work with Hennepin County to assure a best practices ap- proach is followed for appropriate separation of group residential facitilites. See Appendix 7-A: Metro Cities (AMM) Legislative Policy I1-H See AppendIX 7-8: League of Minnesota Cities Legislative Policy-l 0 .....,..1.11111. ft I IfIll. tJilli rma! allCl11..li:l! 11.'1 allll.. :m I 11'1 I;J.: :! i-'f;;,) iWW< 'ag. 11 1-1. Fiscal Disparities IDaehmeDt Metro CiUes IIMMJ legislaUve Pollcv 1-0: Fiscal Dlsparitv Fund Distribution Metro Cities opposes the use of fiscal disparities to fund social or physical metropolitan pro- grams since it results in a metropolitan-wide property tax increase hidden from the public. Metro Cities supports the continuation of the fiscal disparities program until such time as an ap- propriate replacement is developed. Metro Cities supports a state conducted analysis of the Fiscal Disparities Program to determine whether the program is meeting its original goals and objec- tives, and whether changes to the program should be considered to better meet those objectives. ~nl:llJ!lllatlilli r:Ii1l'f.l1 [;J.ll.I.!l! [I,'J Fillll.'- :iii.... [;J: ;rR.:'\iJij;; .. Pagl 13 2.A. Metropolitan Councillnflow/lnfiltraUon Surcharge Attachment Metro Cities IIMM) legislative Policv IV.K: Inflow and Infiltration (1/1) The Metropolitan Council's Water Resources Management Plan established an III surcharge in 2007 on cities that are determined to be contributing unacceptable amounts of storm water to the MCES wastewater treatment system. Currently 46 cities have been identified as excessive III contributors. This number is subject to change, depending on rain events, and any city in the metropolitan area could be affected. While Metro Cities recognizes the importance of controlling III because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive III in one city can af- fect development capacity of another city that lies down pipe, we are concerned about the poten- tial for cities to incur increasingly exorbitant costs, and decreasing benefits, in their on-going ef- forts to mitigate excessive III. Metro Cities opposes the 'demand' charge that is set to occur once the surcharge program expires. Instead, Metro Cities would encourage the Metropolitan Council to work with cities to establish a process for reaching agreed upon benchmarks to reduce inflow and infiltration. The benchmarks should be determined using a data-supported definition of excessive III, and adequate and verifiable flow data that is updated regularly Metro Cities continues to monitor the surcharge program, and encourages the Metropolitan Council to support state financial assistance for Metro Area III mitigation through future Clean Water Legacy Act appropriations or similar legislation. Further, Metro Cities supports state capital assistance to provide grants to metro area cities for the purpose of mitigating inflow and infiltration problems into municipal wastewater collection systems. paue 14 '"ti'}:::P{EtillJrbilti:<-i ,;<4 I 'liJjliI1fI.l1Il1. tfilli 11Ji1l' F.111i-l'1.l!.l! I 1.1 1:111'.'- :mllll. ~--...,.. 3-1. Minnesota Department of Transportation, Transportation Funding Inachment Metra Cities (AMM] legislative Pallcv V-A: Transpartatlan and Transit Funding Metro Cities supported the 2008 Transportation Finance bill. This legislation allows for neces- sary resources for MnDOT, the county road system and the MSA road system, and will help make up for the lack of state resources over the last twenty years. Metro Cities was proud to be part of the effort to secure this base level funding. However, the resources contained in the transportation finance bill repr~sent only half of the need in our counties, cities and state. Metro Cities recognizes the need for additional transporta- tion funding statewide, and will continue to advocate for additional resources to maintain our transportation infrastructure. In addition, cities still lack the authority to use additional tools for city street improvements; such resources continue to be restricted to property taxes and special assessments. It is imperative that alternative authority be granted to municipalities for this pur- pose to relieve the burden on the property tax system. -...,.1.11111. ff I ~tIilli [lJiai lilt 1;}'aIilJll.'i filllll~:lil1 lot 1>1' . &'WwP~;, Page 15 3-B. Minnesota Department of Transportation, Transponatlon funding ARaehment league If Minneslta Cities IlMel legislative Pllicy lE-30: Adequate Funding FIr TransPlnatiln Issue: The League recognizes that all Minnesota residents and businesses benefit from a sound transportation system that offers diverse modes of travel. In spite of the significant funding increase for transportation enacted in 2008, current funding for roads, bridges, and transit systems across all government levels in the state remains inadequate, and Minnesota's transporta- tion system is failing to meet needs pertaining to public safety, population growth and economic development. Due to funding challenges, the state has delayed regionally significant road construction and reconstruction projects. Urban areas are experiencing growing congestion and are lagging behind other regions in making transit investments. Rural roads are not being upgraded to meet modern safety standards, and are not serving the needs of industries that depend on the ability to trans- port heavy loads. Local roads, bridges, sidewalks, and trails are critical components of Minnesota's transportation infrastructure. Cities, like the state, have inadequate resources to preserve and reconstruct aging transportation infrastructure, and to build transportation infrastructure to serve new develop- ment. Existing funding mechanisms, such as municipal state aid (MSA), special assessments and bonding, have limited applications, making it difficult for cities to address growing needs. Further, as the state funding shortfall has grown, the trunk highway project cost participation requirements imposed on local units of government have increased dramatically. This burden has been exacerbated by the state's use of trunk highway bonds as a funding source, because under Minnesota's constitution, trunk highway bond dollars cannot be spent on local components of trunk highway projects, and the bond dollars are. not distributed through the Highway User Tax Distribution Fund formula. Cost participation requirements put added pressure on local bud- gets, contribute to property tax increases and divert local resources from the over 39,000 lane miles in Minnesota under municipal jurisdiction. Response: More resources must be dedicated to all components of the state's transportation system, and local units of government must have access to resources and funding tools to meet growing needs. The League supports: · MVST distribution of 60 percent for roads and bridges, and 40 percent for transit. · A permanent increase in the gas tax. · Indexing of the gas tax, provided there is a limit on how much the tax can be increased for inflation in a given amount of time. · Increases in vehicle registration taxes (tab fees). · Trunk highway bonding, provided the Legislature implements reasonable restrictions on the amount of debt service the state will incur, and provided the Legislature appropriates funding to assist with local costs related to projects funded with trunk highway bonds. · General obligation bonding for local roads and bridges, particularly for routes of regional significance. Page 16 .;,~ijm!t. I II 1iIIl)IWElJ.rtiJ 1i1iJill' f.11 [1l1~ 11.'1 fil I 11."- :li111i11":~ · A sales tax increase to fund transportation needs. · Funding to assist cities burdened by cost participation responsibilities imposed by improve- ment projects on the state's principal arterial system and on the county state aid highway (CSAH) system. · Funding for transportation components of economic development and redevelopment proj- ects of regional significance. · Full funding for all components of state highway projects, including related stormwater man- agement systems, through state sources. · Funding to build roads to standards that can accommodate the year-round transport of heavy loads. · A sales tax exemption for materials purchased for state and local road, bridge, sidewalk, trail and transit construction projects. · Authority for cities to impose development impact fees. · Local funding options that would allow cities to raise revenues for roads, bridges, sidewalks, trails, and transit. ~l!lJIJ:Dj1Ii1. fJi1 r; r:rnl' f.11 1<l11lJJlj 11,'1 f.lll1f;JI:li11 1111;],; J;+~i ,'" Page 11 3-C. Minnesota Department of Transportation, Transportation Managementlttachment Metro Cities IAMM) legislative Policy V-I: lighway Turnllaeks & Funding Metro Cities supports jurisdictional reassignment or turnback of roads on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support the wholesale turnback of county roads without the total cost being reimbursed to the city in a timely manner. Cities do not have the financial capacity, other than significant property tax increases, to absorb the additional roadway responsibilities without new funding sources. lbe existing municipal turnback fund is not adequate based on contemplated turnbacks. The 2008 Transportation Finance legislation will add approximately $6 million to the Metro Turnback Fund, bringing the fund up to $20 million, which falls short of the $100 million needed. Metro Cities supports additional funding for municipalities that are assuming the role of main- tenance and upkeep on city streets that maintain a level of traffic consistent with state highways. Cities should be compensated for providing a service that traditionally has been borne by the state. The state has abrogated its responsibility for maintaining major roads throughout the state by requiring, through omission, that cities bear the burden of maintenance on major state roads. Page 18 \;tlmm!mtM!fI$~ m.ElIII fiIIlJIlfljl.,l. tfilli rnia Iml l;l.ll.1iJ!ll.'i 1111111.. ili111111....~ 3-0. Minnesota Department of Transportation, Transponation ManauemenlARachment Metro CiUes IAMM] legislative Pollcv V-I: State Aid Ilghwav IeSAI] Dlstrlbltlon formlla Even with the additional resources provided by the Legislature through the transportation fi- nance bill, significant needs remain in the metro area CSAH system. The additional revenue for the CSAH system will result in more projects being completed faster, however, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also pay upward of fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in county road projects. Although only 10% of the CSAH roads are in the metro area, they account for nearly 50% of the vehicle miles traveled. The new CSAH formula passed by the Legislature will better account for needs in the Metropolitan Area, and the new formula is a first step in providing additional resources for the Metropolitan Area. ....,., '-'Jill_if I lll1!lIlfil Ii r::Ii'a' f.11 ,;J.'1..I;lJ 11.'1 filllll"li111>11 '" __'lll.~j<<':'\'... PaUl 19 3-E. Minnesota Department 01 Transportation, TransPoRatlon Management ADachment Metro Cities (AMMI legislative Policv V-O: MnDOT Maintenance Budget With the passage of the transportation finance legislation, much of MnDOT's maintenance budget has been restored. However, it is likely that local units of government will continue to be asked to maintain state-owned infrastructure. Metro Cities' supports MnDOT alleviating cities of the State's responsibility through the additional resources provided to MnDOT in the Trans- portation Finance legislation. We also support funding that allows the State to maintain its own infrastructure. Page 20 .. ;;;i?fJ1.~m jl11i IiliIIIl:fll1.,l. tfilli r:J1lliF.lI 1>l1~ 1"'1m 1(11" :li11111 IfI.:---r 3-F. Minnesota Department 01 Transportation, Transportation Managemenl Anaehmenl league of Minnesota Cities (llC] legislative Policv lE-32: Rights-of-Wav Maintenance Issue: Maintenance of property, including government property and facilities, is important to public safety and to the image of Minnesota cities. Cities are acutely aware of the responsibility they have for enforcing property maintenance codes pertaining to grass mowing, noxious weed abatement, the placement of trash in yards and fence maintenance. Minnesota has many miles of highways that tun through cities. In recent years, the Minnesota Department of Transportation (MnDOT) has cut a substantial percentage of its rights-of-way management staff. The cuts have resulted in reduced maintenance along some corridors and on parcels acquired by MnDOT for transportation purposes. Specifically, MnDOT has reduced the frequency of mowing, litter collection, noxious weed abatement and repair of fences and guard rails. This maintenance reduction has created public safety concerns and has undermined efforts to keep corridors attractive. Response: TIle League requests that MnDOT be required to maintain state rights-of-way and parcels acquired by MnDOT for transportation purposes located within city limits in amanner consistent with local ordinances governing the upkeep of private property when requested by the city. Alternatively, MnDOT should reimburse Minnesota cities for the labor, supplies, and equipment necessary to maintain state rights-of-way to meet city standards and/or minimize public safety hazards. the Legislature must provide MnDOT with adequate funds to maintain state rights-of-way. -.".1.11111. ffll1Iil.1fiI r; r:Ji1l' f.11 1;l'aIil! Il.i Jillll." iIi'1ll>ll;J; I1J1 '';;''1I0'i/\;o:'<''/' , Page 21 3-G. Minnesota Department 01 Transportation, Transportation Management Anaehment league e' Mlnneseta Cities IlMe) legislative Pelley lE-15: Right-e'-Way Management Issue: Cities have fundamental responsibility for managing the safe and convenient use of public rights-of-way and hold local rights-of-way in trust for the public as an increasingly scarce and valuable asset. As demand increases for use of rights-of-way for underground and overhead wireless facilities and sites for wireless communications towers, cities must continue to have the necessary authority to allocate and coordinate the use of this resource among competing uses. Local management responsibilities vary and are site specific, underscoring the necessity for main- taining local authority. Response: State and federal policymakers and regulators must: · Uphold local authority to manage and protect public rights-of-way, including reasonable zon- ing and subdivision regulation and the exercise of local police powers. · Recognize cities have a paramount role in developing, locating, siting, and enforcing utility construction and safety standards. · Support local authority to require full recovery of actual costs of managing use of public rights-of-way. · Maintain city authority to franchise gas, electric, cable services, and open video systems, and to collect franchise fees and alternative revenue streams. · Maintain the courts as the primary forum for resolving disputes over the exercise of such au- thority, and · Maintain existing city authority to review and approve or deny plans for installation of ad- ditional wires or cables on in-place utility poles. In the alternative, cities should have broader authority to require the underground placement of new and/or existing services at the cost of the utility or telecommunications entity. Page 22 :;5;'4':;}'4,. :; J 1TUliIlfIj1.,l. fIilli mill' filii fllW 11.'1 filllll.. :m11..1 ~:....,.... 4-1. Minnesota Department 01 Transportation, Transportation Management IDaehment league of Minnesota Cities (lMC] legislative Policv 50-6: Utility Relocation Under Design-Build Road Construction Issue: The Minnesota Department of Transportation (MnDOT) has promoted legislation relat- ing to the design-build construction process that would require private and public utilities to be responsible for utility relocation necessitated by road construction. The policy, if enacted, would create unanticipated costs for utilities owned and operated by cities. Municipally-owned utilities would be unreasonably held to the same standards as privately-owned utilities that exist in the public right-of-way. Response: The League supports use of the design-build procedure; however, municipal utilities that exist in the public right-of-way should not be penalized under this process. Municipal utili- ties legitimately exist in the public right-of-way. When a MnDOT construction project requires the relocation of utilities, the cost of relocating municipal utilities should be shared equitably between the department and affected municipal utilities. -...,.l.lllll. fI n~'l. tfi1 r; uu.'F.1II;J.'altl! 11,1 mll":II :lilllfll;j.; 11% l-"",.2WM%w~{1t1Vf" pa.. 23 5-1. Funding for the Clean Water legacI Act Attachment Metre Cities (AMMI Legislative Pelicy III-Q: Impaired Waters Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market, but is cognizant of the need to protect the water resources of the state and metro area. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and state level to implement it. However, insufficient resources for impaired water as- sessments, total maximum daily load (TMDL) analysis, and capital projects threaten both our environment and the metro area's ability to respond to market demands for development and redevelopment. Consequently, Metro Cities supports continued funding for clean water, includ- ing dedicated funding for: · Surface water impairment assessments · TMDL development · Storm water construction grants · Wastewater construction grants Page 24 -t::;:t!::[HmmtMm1m.Bf~ 'IiIll1I1iI.rlln II tfill1liJi1l' F.11 .cl1aI1J! 11-'1 fillll...:mll It I ~....,... 5-B. Funding lor the Clean Water legaev Act ADaehmenl league 0' Minnesota Cities llMCJ legislative Policy 51-42: Impaired Waters Issue: Despite the billions of dollars that Minnesota municipalities have invested and continue to invest in wastewater and storm water management systems and best management practices to protect, preserve, and restore the quality of Minnesota's surface waters, the quality of some of Minnesota's surface waters does not meet federal water quality requirements. The federal Clean Water Act requires that further efforts be made by the state to reduce human impacts on surface waters that are determined to be impaired due to high pollutant loads of nutrients, bacteria, sediment, mercury, and other contaminants. Scientific studies of these waters must be conducted to determine how much pollution they can handle (Total Maximum Daily Loads, orTMDLs). 'The pollutant load reduction requirements will affect municipal, industrial, and agricultural practices and operations along any river, stream or lake determined to be impaired. While the source of 86 percent of the pollutants affecting Minnesota waters are non-point sources, there will also be new costs and requirements for point-source dischargers, like municipal wastewater treatment facilities. Municipal storm water systems will also face increased protective require- ments and regulation as part of the state's impaired waters program. Response: 111e League will work actively with the administration, the Legislature, and other stakeholders in the design and implementation of Minnesota's impaired waters program to: · Ensure equitable funding solutions are found, such as the state general fund or bonding, that broadly collect revenue to address this statewide problem. · Support legislative passage of revenue streams dedicated to providing at least $80 million per year to these programs. These funds should supplement traditional sources of funding for these purposes, not be used to cover budget cuts, backfill past program reductions, or to oth- erwise supplant normal state spending on water programs. · Direct the majority of funds collected by the state for impaired waters into programs that fund municipal wastewater and storm water projects, and for state programs needed for municipal wastewater and storm water permitting and technical support, including the Clean Water Revolving Loan Fund, Wastewater Infrastructure Fund, Phosphorus Reduction Grant Program, TMDL Grants Program, Small Community Wastewater Treatment Grant and Loan Program, and other state programs that provide financial resources for city wastewater treat- ment facilities, septic tank replacement, storm water management projects, and other city water quality improvement and protection projects. · More adequately cover the current five-year wastewater infrastructure funding need projection of more than $2.1 billion. · Recognize and address the upcoming costs of storm water management infrastructure and operation on municipalities from new regulatory mandates and load reduction requirements. · Allow flexibility in achieving pollutant load reductions and limitations through offsets or trad- ing of pollutant load reduction credits for both point and non-point load reduction require- ments within watersheds. · Recognize and credit the work both underway and already completed by local units of govern- ment to limit point and non-point source water pollutant discharges. -..,.1.11111. H 11'D..Il1"il (i ~'JilI m,'Ali:lJ' 1,'111111"" :li11111 (;}< ..au;:~Zl'iiL~\ ; .' '.g. 25 · Recognize the diversity of efforts and needs that exists across the state. · Ensure the best science available is used to accurately determine the sources ofpollutant load in order to maximize positive environmental outcomes and minimize unnecessary regulatory and financial burdens for cities. · Ensure the state requires that the MPCA retain control of the TMDL development process and that all scientific research related to TMDLs is conducted by the MPCA or qualified, objective parties pursuant to state contracting, procurement and · Clarify state water quality mandates so cities know specifically what they are required to do and what methods of achieving those outcomes are acceptable to state and federal regulators. paue 28 m'::JjJ:wtiilll~-' fiIJliI.IflJ'IITI.tfilli riml'F.l1 IfI'W 11:1 Jill.,...:li11 III I"'~ &-A. Education Funding ADachment Robbinsdale Area Schools legislaUve Action Coalition: 2009 Session Priorities Robbinsdale Area Schools Legislative Action Coalition 2009 Legislative Platform The Legislative Platform expresses what we believe is needed for all students to succeed. If we are unable to achieve these policies and funding levels, we foresee consequences for student learning that will negatively impact students' school success, and life/career choices. Simultaneously, we understand that the state of Minnesota faces a large deficit and is working to reform all systems, including education. We will actively seek to engage in this discussion and find creative solutions that will benefit our students and community. The current pr;orities wUMn the 2009 Leg;slaUve Platform are: FUNDING Recognizing that education is an essential service, we strongly support the adoption of the framework known as the New Minnesota Miracle. . Sets the basic per pupil funding high enough to cover basic instructional needs . Fully funds the State's portion of the Special Education cross-subsidy . Increases transportation funding to offset general fund's cross subsidy . Provides additional resources for ELL students . Provides additional resources for children qualifying for free or reduced lunch . Recognizes the higher cost of labor in the metropolitan area EARLY EDUCATION We strongly support greater investment in early childhood education to increase access, quality, and accountability. . Appropriate new funding dedicated to young children at risk attending a school-based, intensive, early education program MOBILITY We strongly support legislation that addresses the issue of student mobility and its impact on education outcomes through a multi-district approach. e...r'JIII J.lll ft I ".,1. tfi1 r; 1iJi1I! filll!llllJ.il! 11.'1 1:11111<11:li11 UII;j.; Hit 1$tf.~::':J PaUl 21 6-B. Education Funding ARachment HOI.ins Public Schools leuisladve Acdon Coalidon: 2008 Pladorm Hopkins Public Schools legislativePladorm Beliefs Whereas, the state is constitutionally mandated to provide public education, Hopkins Public Schools' Legislative Action Coalition (LAC) believes that: · high quality public education, committed to all learners, is the cornerstone of a strong com- munity; · stable and adequate funding sources are essential for providing quality programs; · effective and efficient use of resources is an essential element of accountability; · local control is most effective in meeting community needs; · diversity strengthens our school district; · partnerships among families, educators, and an involved community are essential to our students' success; · curriculum, instruction, and assessment methods that support the unique ways individual students learn are essential components of high quality public education. be it resolved that Hopkins Public Schools' Legislative Action Coalition will advocate for policies that will enhance the quality of public education in keeping with the above stated beliefs. 2009 Priorities As it makes decisions, the state Legislature must focus on the educational development of all children, E-12. Funding Formula Restructuring Even though the state faces a historic budget deficit, the state should still enact the new Minne- sota Miracle proposal, restructuring its general education formula with sustainable and predict" able funding resources to provide all students with a high quality education through a thorough and efficient public school system, and providing for the equitable distribution of resources to all Minnesota public schools. The new funding system may need to be phased in over time. Priori- ties that need to be addressed immediately include: · full funding of special education costs; · funding of early childhood programs; · recognition of the unique cost and price pressures affecting public schools (implicit price deflator); · provide adequate funding to address declining enrollment. Further, the state should enact legislation that: · facilitates attracting and retaining quality teachers to enhance student achievement; · raises or removes the referendum cap, providing equalization revenue where appropriate. Local Control/Mandates As laws are enacted regarding educational policies and funding, the Legislature should: · fully fund all existing and future state mandates; e.g., special education; · ensure that the state testing required by the No Child Left Behind Act provides timely in- structional and student growth information; · modifY existing legislation to allow for reasonable implementation of the new Graduation Required Assessment for Diploma (GRAD) standards. PaUB 28 ;;m;ijN11ffl!~?llir{1gtf.. IilJIiIru1.ll. tfillililill'f.11 [1l1A.l!lJ1"'I f.1llrl~ :li111111....~ 1-1. Group BesidenUal Facilities In The Single-Familv [B-1] Zlning District Inachment Metro Cines (AMMJ legislative Policv II-H: Residential Care Facilities Sufficient funding and oversight is needed to ensure that residents living in residential care facili- ties have appropriate care and supervision, and that neighborhoods are not disproportionately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notifY cities when they intend to purchase single-family housing for this purpose. Cities do not have the authority to regulate the loca- tions of group homes and residential care facilities. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential care facilities provide. However, cities also have an interest in preserving balance between group homes and other uses in residential neighborhoods. Cities should have statutory authority to require licensed agencies and licensed providers that operate residential care facilities to notifY the city of properties being operated as residential care facilities. The Legislature should also require the establishment of non-concentration standards for residential care facilities to prevent clustering and require the appropriate county agencies to enforce these rules. -..,.1.11111. ff 111I11. ~ Ii r:Ii1l' EilII<-l'aIil! 11.1 I'fI I 11(;]1 :lil I Iii I ,., ;_#5flVl/1;": . Page 29 1-8. Group Residential Facilities In The Single-FamilY IR-1J Zoning District Anachment league of Minnesota Cities IlMC) legislative Policy 10: Residential Care Facilities (group homes) Issue: Sufficient funding and oversight is needed to ensure that residents living in residential care facilities have appropriate care and supervision, and that neighborhoods are not disproportion- ately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notifY cities when they intend to purchase single-family housing for this purpose. And cities do not have authority to regulate the locations of group homes and residential care facilities. Cities have reasonable concerns about the safety of group home residents, particularly in case of public safety emergencies. Cities also have an inter- est in preserving a balance in residential neighborhoods between group homes and other uses. Response: Cities should have statutory authority to require agencies and licensed and registered roviders that operate residential care facilities to notifY the city before properties are being oper- ated as residential care facilities. The Legislature should also require establishment of non-con- centration standards for residential care facilities to prevent clustering. Finally, licensing authori- ties must be responsible for removing any residents incapable of living in such an environment, particularly if they become a danger to themselves or others. Page 30 ... ';;,;:iiCliiII\I\:! ! lm 111 IiIIIII!IlJl.'l. tfi1 ri r:mt '1i11.;lIJ.1.!lJ 11.'1 Jillll.'- :li1I,1t 1 fl."""" Hey M m randum Planning 763-593-8095 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 4. A. Public Hearing - Preliminary Plat Approval- 1425 Rhode Island Avenue North, Peter Ralph, Applicant Prepared By Joe Hogeboom, City Planner Through Mark W. Grimes, Director of Planning and Development Summary Peter Ralph, owner of the property located at 1425 Rhode Island Avenue North, is proposing to consolidate the property into one lot. The property currently consists of three separate lots. As proposed, the newly created lot would comprise 22,700 square feet (.52 acres.) The proposed lot, located in the Single Family Residential Zoning District, meets minimum buildable lot standards, as well as has adequate setback areas. Staff has reviewed the City's Subdivision Regulations and has determined that this request meets the criteria for a Minor Subdivision. Mr. Ralph is in the process of constructing a new home on the property. Upon completion, the existing home (which does not conform to City setback requirements) will be removed. The existing detached garage will remain on the property. The new home is being constructed in a location which allows for the creation of a new, separate, legally conforming lot at a later time. Currently, the applicant does not intend to divide the newly proposed lot. The Public Works Department has determined additional right-of-way along Rhode Island Avenue is required. The City is requiring an additional 1 0 foot wide drainage, utility and roadway easement, along with a second 10 foot drainage and utility easement directly to the west. Additionally, a 6 foot wide drainage and utility easements is required along the side (north and south) property lines, and a 5 foot wide easement is required along the rear (west) property line. The applicant has agreed to dedicate all required easements. With these provisions, the Planning Commission voted unanimously to recommend approval of the minor subdivision for lot consolidation at 1425 Rhode Island Avenue North. Attachments Location Map (1 page) Site Plan (1 pages) Memo from Mark Grimes dated December 4, 2008 (2 pages) Memo from City Engineer Jeff Oliver dated November 25,2008 (2 pages) Planning Commission minutes dated December 8, 2008 (3 pages) Photos of 1425 Rhode Island Avenue (3 pages, loose in agenda packet) Recommended Action Motion to approve the preliminary plat of the lot consolidation of property at 1425 Rhode Island Avenue North 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 final plat of this proposed minor subdivision/lot consolidation (yet to be named) will be consistent with the preliminary plan submitted with the minor subdivision application. 3. The recommendations found in the memo from City Engineer Jeff Oliver, PE, dated November 25,2008 to Mark Grimes, Director of Planning and Development, shall become a part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that includes issues found in the City Engineer's memo dated November 25, 2008. - - . 1525 ,I .' , OLYMPIA ST , 78lIS 1159 1701 1548 16'01 1551 1501 7845 1519 , 1541 l540 . 1540 1541 1541 154IJ 1541 . 1513 Z 1536 Z; '" 1533 1532 1532 :> , ~i 1m <( -<< , 1525 001; 1517 1516 Vi lli: 1525 i "'i .. 1507 w 1iQ! 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(~, , -~ ~I:i :>l~ " GARA~ 24J) o 6.7J~ GRAVEL (/) <( I.JJ ~ CO ()) 10, Ul <( W ::;: <0 :R 1-$ WD-FRAME fJ)"? .pi FF=100.0 ASSUMED DATUM .- 3: = It) .- .. 0> o -0 o (/) ~ :err:. ?> 9;'} n:;. &1~ ~ AERIAL UllUTY PRESUMED EASEMENT BY USER 51. UNE ESTABUSHED BETWEEN NW COR L 1 (IRON MaN) & SW COR LOT 5 (IRON MaN) N oi '<t 40.8 SW COR LOT 5 o C"i ~ "",? ~ PAVER BLOCK . WD DECK .... oi .... 1 I --- l 1 -I- I NaB042'20"W 143.9 CALC ~o\r"" ., 54.2 __ FEN" 38.3 ---- L 0.-1--2- ....---- ( -- \ ~ I --I-- ~ tl ~I L 51 o IIlI I I PROPERTY AREA: ' 23, ODD:!: Yl --___---L--_ GRAVEL / / /1 - 9,? ~ q ~o T 3 '- ~ --- - - - GRA VEL ............ ---- - - - - - -- C) p" .0) 50.0 116.8 o t"'> C\I PROPOSED HOUSE o \9 c:;t 5.0 '. 35.0 LOT 4 ~'? NOTE: THIS SURVEY IS FOR THE SOLE BENEFIT OF . THE INDIVlDI:JALS. CORPORATIONS. AND/OR PAR ES NAMED THEREON. 55.0 AND STANDARD OF WORK FOR SURVEY R BASED UPON o "NORMAL" STANDARD OF CARE REQ IRED BY LAW ~ Q ~ !' 51.6 51.7 . SBS033'OO"E 144.1 CALC 5 . @ 2002 SURVEY & MAPPING SPECIALI REPRODUCTION PROHIBITED - I, 5.5 ""? Be " .(.) u ,.....J <( U o ci CO or- I.JJ = o :r to o b'i>- o o z Planning 763-593-8095 I 763-593-8109 (fax) Date: December 4, 2008 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Minor Subdivision to Consolidate Three Lots into One Lot-1425 Rhode Island Ave. N.-Peter Ralph, Applicant . Peter Ralph is the owner of the house and property at 1425 Rhode Island Ave. N. The property consists of two full lots that are each 60 ft. wide and two-thirds or 40 ft. of one 60 ft. wide lot. In total, the property owned by Mr. Ralph is 160 ft. along Rhode Island Ave. and about 142 ft. deep. The total area of his property is 22~700 sq. ft. or .52 acres. Mr. Ralph is proposing to create one large lot in order that the new home he is constructing is not built over any property line. At the present time, there is a house and detached garage built on the far west edge of the property. Mr. Ralph is now in the process of constructing a new house on the property that would conform with all building setback requirements once the lots are consolidated. He and his family will remain living in the existing house during construction. After the new house is constructed and before occupancy of the new house is permitted, the old house will have to be demolished. The existing garage on the property was constructed in 2002 and will remain as the garage for the new house. When the garage was built, the zoning code required a variance because it was not built behind the house. At the time this garage was built, all detached garages had to be built behind the main dwelling. (In this case, the only location for a detached garage would have been either in front of or next to the existing house because the existing house is located about 6 ft. from the west or rear property line.) After the lot consolidation and removal of the existing house, the existing garage meets all setback requirements for a detached garage. These setback requirements are 5 ft. from the side or rear property lines. At this time, Mr. Ralph is proposing to consolidate this property only into one lot. However, he is placing the home on the property in a manner that another lot could be created north of the home that is being constructed. The future second lot would meet or exceed the minimum size requirement for a lot. (Lots must be at least 80 ft. wide at the front setback line and be at least 10,000 sq. ft. in area.) If a future lot is platted, the existing garage would go with the new lot. The house under construction has a one car garage that can be expanded to a two car garage 1 in the future. (The existing garage on the property is about 800 sq. ft. in area. No one dwelling may have more than a 1000 sq. ft. total of accessory structure space. Therefore, the attached garage in the new house can be no larger than about 200 sq. ft. The plans for the new house indicate that the garage area in the new house can be expanded to a two stall garage in the future.) City Engineer Jeff Oliver, PE, has reviewed this consolidation request and has written a memo to me dated November 25, 2008 (attached). In this memo he outlines the concerns of the Public Works Department. Because the right-of-way for Rhode Island Ave. N. is only 40 ft. in width in this neighborhood, the City will be requiring a 10ft. wide drainage, utility and roadway easement. This easement could be used for future roadway improvements or sidewalks. In addition, a second 10ft. drainage and utility easement will be taken directly to the west of the roadway easement. Therefore, the City will have 20 ft. of easement along Rhode Island Ave. In addition, a 6 ft. wide drainage and utility easement will have to be provided along the side property lines and a 5 ft. drainage and utility easement along the rear or west property line. (The rear or west easement would normally be 6 ft. but due to the location of the garage to within 5 ft. of the property line, the City will accept a 5 ft. utility easement.) The applicant has agreed to dedicate all easements recommended by the City Engineer. The new house is setback 35 ft. from the existing Rhode Island Ave. in order that the setback is consistent with other homes along the street. Rhode Island Ave. was reconstructed within the past 10 years. The proposed lot consolidation meets the requirements of the Subdivision Code for a minor subdivision or consolidation. The proper information has been submitted to City staff for review. Recommended Action Staff recommends approval of the proposed lot consolidation to create one lot from three . existing lots at 1425 Rhode Island Ave. N. The new lot will exceed requirements for lots within the Residential (R-1) zoning district. The result of the consolidation will be the creation ofa lot for a conforming new house and garage. At this time, the existing house is nonconforming because it does not meet rear setback requirements and required a variance to construct a garage to the side of the existing house. At this time, the applicant does not want to create a second lot but the location of the new home would permit consideration of a second lot on the property. The following conditions of approval are: 1. The final plat of the consolidation must be consistent with the preliminary sketch plan submitted with.this application. 2. All requirements including easement dedication and compliance with the Inflow and Infiltration Ordinance as outlined in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development dated November 25, 2008 shall become a part of this recommendation. 3. The new house under construction on the property shall not receive a certificate of occupancy until the existing home is removed. Attachments Location Map (1 page) Memo from qty Engineer Jeff Oliver dated November 25,2008 (2 pages) Sketch of proposed lot consolidation (1 page) Photos ?f property (4 pages) 2 t Valley IVlemoranau Public Works 763.593.8030 I 763.593.3988 (fax) Date: November 25,2008 From: Mark Grimes, Director of Planning and Development Jeff Oliver, PE, City Enginee~ 1425 Rhode Island Avenue North, Lot Consolidation To: Subject: Public Works staff has reviewed the proposed lot consolidation for 1425 Rhode Island Avenue North. This proposal consists of combining all or portions of three lots into a single parcel. The existing home on this parcel will be demolished following the construction of a new home. The City's subdivision ordinance requires that street right-of-ways for local roadways be 60 feet wide. The existing street right-of-way for Rhode Island Avenue adjacent to this site is 40 feet wide. The requirement for an additional 10 feet of right-of-way across the subject property can be accomplished by the dedication of a 10-foot wide drainage, utility and roadway easement. The subdivision ordinance also outlines the need for drainage and utility easements on all lot lines. Based upon the code, a 10-foot wide drainage and utility easement is needed on the front lot line, with 6-foot wide easements on all other lot lines. However, the existing garage in the northwest corner of this property was constructed with a 5-foot setback from the north and west lines of the parcel. Therefore, the dedication of 5-foot side and back yard easements is acceptable in this situation. Based upon the above discussion, the easement dedications on the Rhode Island Avenue frontage for this subdivision must include a 10-foot wide drainage, utility and roadway easement on the eastern 10 feet of the property. In addition, a 10-foot wide drainage and utility easement is required immediately west of the first easement, or across the western 10 feet of the eastern 20 feet of the lot. The applicant must provide legal descriptions for these easements to Public Works staff for easement document preparation. The easements must be signed and ready for recording prior to approval of the lot consolidation. The owner of the subject property recently installed new sanitary.sewer and water services for the proposed home on this site. The existing sanitary sewer and water G:\Developments - Private\1425 Rhode Island\Review 11250B.doc services will be left in place and be utilized if, and when the property is subdivided into two lots. The existing home on this property is currently utilizing one of the two in-place sanitary sewer services. When the existing home is demolished, the property owner will be required to bring both existing services into compliance with the City's Inflow and Infiltration Ordinance. Public Works staff recommends approval of this subdivision subject to the dedication of easements as discussed in this review, and subject to compliance with the Inflow and Infiltration Ordinance for the two existing sanitary sewer services at the time the existing home on site is demolished. Approval is also subject to the comments of other City staff. C: Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official G:\Developments - Private\1425 Rhode Island\Review 112508.doc Regular Meeting of the Golden Valley Planning Commission December 8, 2008 egular meeting, of the Planning C ouncil Chambers, 7800 Gold ecember 8, 2008. Chair mission was held at the Golden Valley City Valley Road, Golden Valley, Minnesota, on ysser called the meeting to order pm. Those presen Schmidgall and Mark Grimes, City PI~ . 1. Approval of Minutes MOV by Eck, seconded by th ovember 24 minutes wit 2. Rhode Island Avenue North allow three existing lots to be consolidated into one new lot Gri to a survey of the property and explained that the applicant is reque onsolidate three existing lots into one new lot. The size of the propose w lot will be approximately 23,000 square feet. He stated that the existing home was built on the far west edge of the property and has virtually no rear yard setback area. Bec~use of this, the applicant received a variance to allow for the construction of a garage which is not located completely to the rear of the house as the zoning code requires. He added that the existing garage will remain and will continue to be used for the new house being constructed. Grimes explained that the reason the applicant is required to consolidate these lots is because he wants to build a new house on the property but the City does not want the new house to be constructed over the existing property lines. He added that the Minutes of the Golden Valley Planning Commission December 8,2008 Page 2 applicant will not be issued a certificate of occupancy for the new house until the existing house is demolished. Grimes referred to the City Engineer's staff report and explained that the City requires that street right-of-ways be 60 feet in width. The existing street right-of-way for Rhode Island Avenue is 40 feet wide so the City is requiring a 10-foot roadway easement be dedicated across the subject property in addition to a 1 O-foot wide drainage and utility easement. Grimes stated that this lot consolidation will eliminate the various pr this lot. In the future the property owner will have enough room fo that would meet current zoning code requirements. However, stated that he has no plans to subdivide the property intot Keysser referred to the new home cu applicant was allowed to start co consolidation request. He aske. was not approved. Grimes ag this proposal is a benefit f allowing the applicant t d Avenue eet. Grimes t et. He added d Avenue shown on ts Id be taken from the of-way area. Waldhauser referred to the 40 feet of existing right-of-wa and asked if that is measured from the curb or from the c explained that the easement will be measured to tn~ that there will be 20-feet of additional easeme the applicant's property. In the future, additio other side. of the street to get the 60 feet of r nd questioned why the ~~ii~pe approval of this lot appen to the new house if this request er is out of sync but said he felt that d sta thought there wouldn't be any issues ruction process. Keysser asked if newly built home w applicant is m i g re created from this property in the future if the setback requirements. Grimes said yes, the back requirements. the house across the street from the subject property until n the existing home was built. Peter Ralph, applicant stated that built in 1928 and that it is his understanding that it was the original he area. . McCarty asked if the north 1/3 of Lot 2 belongs to the property owner to the north. Grimes said yes. Schmidgall referred to the survey of the property and noted that the house to the north is sitting right on a property line. Grimes stated that if and when that property owner to the north wants to do anything to his property that house will have to be brought into conformance. Minutes of the Golden Valley Planning Commission December 8, 2008 Page 3 Grimes noted that the applicant could legally build three homes on this property because right now there are three legally platted lots of record. Keysser asked the applicant if he is considering possibly splitting this property into two lots in the future. Ralph said he is building the new house in such a way that the' lot could be split into two lots in the future, but that is not in his immediate plans. McCarty asked if there is work space above the existing garage. Ralph said there is just storage space above the garage. McCarty asked if the storage space counts in figuring the total amount of accessory structure space. Grimes said. Iy the footprint of the accessory structure is counted. Keysser stated t opting this redevelo types of as . ce such as tax increment ancing or tax aba Grime eed. He referred to the Applewood Pointe senior housin ink fence property to the Keysser opened the public hearing. Hearing and seeing no Keysser closed the public hearing. . Kluchka referred to the survey of the property and asked that appears to go through the house to north. Ke north is not included in this request. Waldhauser stated that this request seems p Schmidgall said he was a little startl has already started. Grimes reiter to begin before the proper app straightforward and almost a uction on the new house t~yf;~pnstruction would not be allowed n granted but in this case it is very ature. Kluchka urged the app . house is demolished. they can and that the building materials when the existing e e planning on recycling and reusing what will be very "green". MOVED by C recommend a at 1425 aldhauser and motion carried unanimously to 1I0w three existing lots to be consolidated into one new lot nue North 3. 8-01 Finding that the Redevelop- lopment Project AreaC door to various t for example. osal at the -, I I , I i\ ',I 'l~ II \ -ill l\ I, \. \ '. , \' , I " , , \ , I. I, \1 ,. ,I f ~~ "t 1. 'il I. I t I i,t I ~ ,I I A\ \ ~ .~ ~ ~, ~~ '10 I , '\ .};. tl. ... !':~;i ,'\ " ,rif'r.:;', , '~.' ~,~~',>, '\,,;:,\t\~1;i.: ,fJ(' . "I t ,', , ,~ ,. - ~ .....'\... ~ " , ~;i, " \~'lf: ~~, " "r,J,)J~" ',.{ ~~'fI ;. "'i;,~\'. ;, ," f, '::, :. '~ "'~'" " i I 0" r', I ~ , ~ !l 'It n \ ~ "t.'\, t; " t. .1. 9 ~ l"t " "" ,.? :....'. ~ . r '. .:f , ~ .\ , iil 1, ,. 'r., . \.r r1 " :1 t. tl \. ~ ., " ;, , J , \ 1 " (: ~\l . ~ \ ,'i f , . 't II ~ ~ . ~ I. I I' ~ ~ , <:, ~ ! .. ',' l l " II , " ~ t- !,1 .),. n " f ,t ~j i, ~ , \ , \\\\ :\ ,V: '\~ 1", , .~ ':\ ll, i . '\ 1 , \ ,1 I, , , , .. I .\ II', '. It \- " .... I, i }'. 'I i' 1" 'n , l'fI,~\ 4 ~ J,'" :.!l ~:" ,..~ ,.' .. 1 f .,.1 ., I' " ,t, ~~~ ) .J · J '6' I .')J,F. "J ... . .. ~:I I' I ~ · '. '... I " \~J ,'"I . \', j -4--~ ~"r-' ,.... " , , 4 .1 , · i ~'1 I II .. '~~'1 alley orandum Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary for Action Golden Valley Council Meeting January 6, 2009 Agenda Item 4. B. Ordinance Requiring a Franchise Fee with Northern States Power, d/b/a, Xcel Energy, First Consideration Prepared By Jeannine Clancy, Director of Public Works Summary At the November 10 and December 9,2008 Council/Manager meetings, the Council directed staff to start the process to develop an ordinance that would impose a franchise fee for services provided by Northern States Power, d/b/a Xcel Energy. Revenue generated by the franchise fee could be used to assist with the cost of placing overhead power utilities underground, replacing street lights in pavement management project areas, and funding other infrastructure projects. The list of infrastructure projects includes, but is not limited to, Douglas Drive, completion of the sidewalk plan, completion of the City's trail plan, replacement of sidewalks and trails, Zane Avenue, Lindsay Avenue and Harold Avenue. Xcel Energy recommends that the franchise fee, if imposed, be assessed as an account- based fee. The rate schedule, if adopted, would provide the City with approximately $485,000 in annual revenue. The rate schedule proposed is as follows: Customer Class Equivalent Monthly Flat Fee Residential $2.50 Small C&I - Non-Demand $7.00 Small C&I - Demand $13.50 Large C&I (< 1 Mw) $80.00 This ordinance is scheduled to be considered at the January 6, 2009 and January 20, 2009 Council meetings. If approved, it would be effective upon publication. However, collection of the franchise fee would not take place until the debt associated with the TH55/Boone Avenue/General Mills Boulevard Project is satisfied. Attachments Ordinance No.412, An Ordinance Requiring an Electric Franchise Fee from Northern States Power, d/b/a Xcel Energy, for Providing Electric Service Within the City of Golden Valley (3 pages) Recommended Action Motion to adopt Ordinance No.412, An Ordinance Requiring an Electric Franchise Fee from Northern States Power, d/b/a Xcel Energy, for Providing Electric Service Within the City of Golden Valley. ORDINANCE NO. 412, 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 of Golden Valley Municipal Code is hereby adopted 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. (a) 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 9.1 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 and will commence the month following the expiration of that certain City Requested Facilities Surcharge being collected by Company from its customers within the City as of the date of this Ordinance, and expected to terminate in 2009. Except as modified in this Ordinance, the City reaffirms the provisions of Ordinance 394, 2nd Series. 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. Surcharge. 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. Right 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 a specific term 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 by 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 franchises 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 day of January, 2009. 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 $ 2.50 $ 7.00 $13.50 $80.00 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. Hey Memorand m City Administratio'n/Council 763-593-8006/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 9, 2009 Agenda Item 6. A. 1. Reset Meeting Dates Prepared By Judy Nally, Administrative Assistant Summary Each year the City Council reviews the calendar and resets meeting dates if there are any conflicts. Listed below are the meeting dates that need to be reset: City Council Meeting: August 4 - National Night Out November 3 - Election Day Recommended Action Motion to reset the following meeting dates: August 4 to Wednesday, August 5 November 3 to Wednesday, November 4 hlley Memorandum Council 763-593-3990/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 6, 2009 Agenda Item 6. C. 1. Council Appointment - Assistant Weed Inspector Prepared By Linda Loomis, Mayor Summary Assistant Weed Inspector - This Inspector is appointed annually by the Mayor and is not subject to Council confirmation. I appoint Ron Hammer, Park Maintenance Supervisor, as the Assistant Weed Inspector. Recommended Action Mayor Loomis will appoint Ron Hammer as the Assistant Weed Inspector for a one year term.