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01-19-10 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 19, 2010 6:30 p.m. The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7:00 p.m. 1. CALL TO ORDER A. Roll Call B. Fire Department Retirement - Firefighter Tom Warzetha C. Firefighter Oath of Office - Sarah Auel, John Bean, Marc Berris, Eric Boe, Andrew Gerling and Brent Hadoff 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 8, 2009 and Council/Manager Meeting - January 12, 2010 B. Approval of Check Registers: 1. City 2. Housing and Redevelopment Authority C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement - Tuberous Sclerosis Alliance D. Minutes of Boards and Commissions: 1. Joint Planning Commission/City Council Meeting - November 9, 2009 2. Planning Commission - November 23, 2009 3. Human Services Foundation - October 12, 2009 4. Basset Creek Watershed Management Commission - November 18, 2009 E. Bids and Quotes: 1. Golf Carts - Bids 2. City Newsletter Printing/Mail Handling - Quotes F. Authorization to Sign Consulting Agreement Amendment Three with Center for Energy and Environment Consulting for Housing Rehabilitation Program G. Support for Administrative Fee Increase for Deputy Registrars 10-8 H. Authorization for Submittal of Energy Efficiency and Conservation Block Grant Program Application Process 10-9 I. Authorization to Sign Agreement with WSB & Associates, Inc. for Country Club Pond Excavation and Stream Bank Stabilization J. Authorization to Sign Contract Renewal with Embedded Systems, Inc. for Tornado Siren Maintenance K. Authorization to Sign Patrol Officer (LELS Local 27) Agreement L. Council Liaisons and Other Assignments 4. PUBLIC HEARINGS 7:00 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Authorization to Sign Request and Termination Letters for Dispatch Services B. Announcements of Meetings C. Mayor and Council Communications 7. ADJOURNMENT J\ c:g "{joi alley M randu Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 1. B. Fire Department Retirement: Firefighter Tom Warzetha Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary On March 22, 2009, Firefighter Tom Warzetha retired from the Fire Department with 20 years of service. Recommended Action Recognize retired Firefighter Tom Warzetha for 20 years of dedicated service to the community. alley Memoran urn Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 1. C. Oath of Office: Firefighters Sarah Auel, John Bean, Marc Berris, Eric Boe, Andrew Gerling and Brent Hadoff Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Firefighters Sarah Auel, John Bean, Marc Berris, Eric Boe, Andrew Gerling and Brent Hadoff will be present to take their Oath of Office as a Golden Valley Firefighter. Recommended Action Mayor Loomis administer the Oath of Office to Firefighters Auel, Bean, Berris, Boe, Gerling and Hadoff. I alley M m n m Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. alley Memorandu Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority . Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. 01 Valley morandu City Administration/Council 763-593-8006 I 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Tuberous Sclerosis Alliance Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 3D-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Tuberous Sclerosis Alliance requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Tuberous Sclerosis Alliance. Minnesota LaWful Gambling LG220 Application for Exempt Permit An exempt pennJt may be issued to a nonpro1it organization that: - conducts fawfuJ gambling on five or fewer days. and . awards less than $50.000 in prizes during a calendar year. App I 11 less than 30 days before the event $100 . more than 30 days before the event $60 ~~~~~~~~~i~$;%~tt~~~~:1t$f~mi1i4Ygln~;~~~~~it~!~X~~~~~~~r~\rF~t\f OrQanlzatlon name 'lv..~OUS ~\e.'f05\5 N.l \QP.tf:- Type of nonprofit organization. Cheok one. D Fraternal 0 Religious DVeterans Other nonprofit organization Matling address City State ZIp Code ' County 60 \ f\o ( N. k'c lSD ~ih\ei S rl(\ ,;lOq,O Name of chief executive officer (CEO) Daytime phone num r Email address ~f\ Lu....w.er ~r\SOV'\ - C(flO Previous gambling permit number . . ore Do not attach a ~'tax exempt status or federal 10 employer numbers as they are not proof of nonprofit status. D Nonprofit A~Qles of 1ncorporatlon OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from; , Secretary of S.. BusIness Servlces Div.. 180 State OffIce Building, st. Paul. MN 55155 Phone: 651-296-2803 o IRS IncOlbe tax exemption [&01(cl) letter in your organization's name. Don't have a copy? TO obtain S' copy of your federal income tex exempt letter. have an organization officer contact the IRS at 877-829-5500. o IRS. Affiliate of national, statewtde, or international parent nonptofit organization (charter) If ~r organization falls under a patent organization, attach copies of l:Wb..of the following: a. IRS letter showing your parent organlzatlon'is a nonprofit 501(c} organl28ti.1n with a group ruBng, and b. the charte~ or letter from your pare~ organization recognizing your organization as a subordinate. 1iJ. IRS ~ proof prevlous'y submitted to Gambling Control Board , If you previously submitted proof of nonprofit status from the IRS. no attachment is required. County \-\e..nn .. \0 ... Gambling ~ipment for pull-tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor Dcensed by the Gambling Conb'ol Board. EXCEPnON: BIngo hard cards arid bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find' a licensed distributor, go to www.QCb.state.mn.us and dick on list of Ucensed Qlsb1butors, or caD 651-639-4076. Also complete Page 2 of this form. - LG220 Application for Exempt Permit Page20f2 7109 :\~: ' ..~11Q : .,:~~~Wl1;~-N_:"~l!in~~t::::~~!;~.::~~{:~~:;t;;;:t~\:;;~~i:'~~:(::';:?;':;U;:;':~:.:;:~:.:. If the gamb ing pram Is' within city lilrii'bi. If the gambling premises is located in a township, a a cfIy official must check the action that the city Is county offlc!al must check the action that the county is 1ak1ng taking on 1his application and stgn the application. on this application and sign the application. , A township official is not required to sign the appncation. ~ application is admowledged with no waiting period. _The appDcation is acknOWledged with no wailing period. _The application is acknowledged with a 30 day waiting _The appRcatlon Is acknowledged wi'lh a 30 day waiting perJocl. and sHows the Board to iSsue a permit after 30 period. and allows the Board to issue a permit after 30 days (GO days fOr a 1-st class city). days. _The appl1cation i$ denied. _The application is denied. Prinl city name C>> Ide I) 1/ tl /Ie t1 Print county name 011 behalf of the C,u." I ac",.,....uJ-'"e this fJIIIPblion. On behalf of the county. I aCknowledge this application. ''3' RI'V"W......,.,' -1"'1 Signature of county official receiving app6catlon Title O8te----1--1_ . \ (Optional) TOWNSHIP: on behlllf of the IOWl\shlp, 1 acknow1edgtl that the organl2atIon Is applying for exempted gambling actIvI1y wltliln township IlmIts. [A township has no sIatuIory aulhorlty 10 approve or dany'an appDcal10n l~ Statule 349.166)] PrinttoiNnshlp name ',' . .., Signature of township official aeknowtedglng app1lcation Title . Oate~_I_ ~. '.~"',,, ::. . e~ .. . IP~ .. .......... .. :':: ~'." ..' ....:~:~:.:m~.~~??~.}:;::t:~i~}~~:J.::H;~:?~I:~~!:::;~::~?'~~:\%f:~~{:}~;W;;~~::;:~:~~t:..~.::::. The Infonriatlon provld~p inlhlB appUcatJon /$ complete and financial report wHJ be completed alld ref#med Chief executive offlcer'&",ignatufi Complete a separate appUcation for each gamblng activity: - bne day of gambling IlICtMty. .... . . two or mote eonsecqtlVe days of gambling actJvlty, - eaQh day ~. Fa.me d~h~ Is held .' . , Send appl1eation with: . . a tOPy'of YOUr"j::irOof of'm>nprotlt'statlJS', and . application fe8. for eacti ~nl . . Make check.payable to ".State of.Minnesota. n To: GambDng Control Board. . . . 1711 West County Road B, Suite 300 South RO&eVIIIe, MN 55113 best of my l(J)ow/edge. I acknowledge that the s .of the d,ate of ou( gamblinp, ec;tj '.' . . . '.D..f~~o' FlnancJal report and recordkeeplng required . .o. .. 'A financial report fonn and instructions will be sent with your permit, or use the on6ne flU-in form .avaitable at www.gcb.state.mn.tJ8. < Within 30 days of.the activity date, complete and retum the fl.nanclal report form to the Gambling Control 'Board. Q~o~'? .............. ..... .... :":"" CaD the Licensing Section 'otthe. Ga~Jjng .Control Board 8t651-639-407$.. . .~', Data privacy. This form wm be made available the Board win be able to J)I'OCe58 your Board statfwl10ae WOrk requires acCess to the In aIteI'I)8lIve fo~ (Le. Iaige (l!'Int, Btallle) apptk:atlon. ~our nama and and your. . information: MInnesota's..D8partnlent of PubRc upon request. The'lnfomaatkln tequSsted on . organJzallon s name and address will be public Safety; AltOmey General; CommJssloneJS of this fonn (and any &1lachme.nts).wII1 be used by information when recelvecl by the BoaRi. All AdmJnistta1lon, Rnance. and Revenl1e; the Gambling COntrol Board (Board) to the ofher IrIfottn9IIon you plOvlde wltl be private Legislafive Audltot, national and IntematIooal clatetmlne your qualllicatlons to be Involved In data until the Board Issues your permit. INhen garrib\Ing reguJatary agencfea; anyone pursuant IaWlW gambIlng acIIvities In Mfnneaofa. You the BoaftI issues your permit, all of the fa court Older; other Individuals and agem:/es have the rfghl to I"efuse to suppJy.the. . information pRlVlded to Ih.e Board wID become that are sJjeC/JjcaBy authorized by state or Infonnatlon requested. howeIret..lfyou.retlJse.to. pu\)TlC.. "'the BQanI d.oes not issuE! a ~ all fedetallawto haVaaccess to the Informallon; sumw1hls Illfi:>Jnlallon.. the ~ may not ~ inIOrmat/on provided remains PriVate. wJth ~ IndlvJ(fuais an~ .~ for.WI'lIcb law or legal able to defer.mlne yOur quaIIf1c8fions and. as a exceptIoft of your name and your orgsnIzallons order authOrIzes a new use or &haring of consequence. may refUse to ~you a pem1/I:.. name and address which wm remain publlc. lnforma1lon after thls.Notk:e was given; and If you supply the information ~ested. Private data are avaIlabI& to: Board ~~mbenl. any* w\th,YOl.t1' conse~, .". . . : '. ~. :. . :.; . . ..:.. .' ~., . . II : . " ..'" . , './7 :j', to . ,... , .': .1 t:. . ,,'.:'.:. .' ;', ~. JAN-14-2010 16:12 From: To: 17635938109 Page:2/2 mn Roeder Road, Suite 750 Silver Sprin~, MD 2l'rllII Tuberous Sclerosis Amante Toll free: (800) 225-6872 Phone: (.3!11) 562-()890 Fax: pm) 562-9870 www.lsIlUian(..C.org F.-llIllil: info@lsaIliancc.org January 12,2010 Judy Nally City of Golden V(uley 7HOO Golden Valley Rd. Golden Valley, MN 55427 VIA F ACSIM 11.1-0: # 763-593-8109 Dear Ms. Nally, The Tuberou!\ Sclerosis Alliance of lhe Upper Midwest would like to request a waiver on the thirty (30) day waiting period for our Gambling Permit to be processed. We wish to hold a raffle for our fund raising cvcnl, TiM. oJth.e Twin Cities Food tmd Wine 1i1stin8. Thifi cvent is scheduled for February 4, 2010 at the Metropolitan in Golden Valley and all proceeds will go to the Tubcrous Sclerosis Alliance. We appreciate your support in expediting the application. Ifl can be of assistance in any way, please contact me. Thank you for your consideration. Jennifer L. Smiley Director, Community Outreach A naliooal nOft-flfllfil organil'.3lilln dedicalcd In n:!ICllrch, educalion And iUlJ1IlOrt. Mi'tw,m SIa1f>.11lP.IIt: Tuhcrnw; Sclcm!iifi ^lIiAnco is dediCAled In findine. A C11rl! for IlIbIVOI.I$ $CL::r(""... wbile illlpruvlDg Ibe Iivcsul' lhusc BIlix.'too. Joint Meeting of the Golden Valley Planning Commission and City Council November 9,2009 A joint meeting of the Planning Commission and City Council was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, November 9,2009. Mayor Loomis called the meeting to order at 7:40 pm. Those present were Mayor Loomis, City Council Members Freiberg, Scanlon and Shaffer, Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall and Waldhauser, City Manager Tom Burt, Director of Planning and Development Mark Grimes, Director of Public Works Jeannine Clancy, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Also present were Consultants Michael Schroeder from LHB and Jupe Hale from WSB and Associates. 1. Presentation of Douglas Drive Corridor Study Hogeboom introduced consultants Michael Schroeder and Jupe Hale. He stated that this presentation is to review the final draft of the Douglas Drive Corridor study before it goes forward in the public hearing process. Schroeder referred to a PowerPoint presentation. He discussed the study area and the purpose of the study which includes: studying current and future land uses, offering options for roadway design and finding ways to accommodate existing users, especially pedestrians and bicyclists. Schroeder next discussed the principles of the study and the various ways the public and stakeholders were included in the study process. He talked about the character of the corridor, the potential for change and how to accommodate long term change. He also discussed the limiting conditions and the priority issues in the corridor such as: narrow right-of-way, unlinked transit facilities, little accommodation of modes other than vehicles, discontinuous pedestrian ways, increasing traffic congestion and unsafe pedestrian facilities. Schroeder explained the potential land use evolution and discussed the various concepts proposed throughout the corridor. The concepts include five zones: the North Gateway Zone, the Central Mixed Zone, the Residential Core Zone, the Luce Line Zone and the Highway 55 Zone. Schroeder talked about the roadway evolution and explained that expected growth, number of trips and consideration of the road's ability to accommodate new traffic were all taken into consideration when considering a three-lane or four-lane roadway. He showed several conceptual roadway drawings and discussed permanent improvements with amenity zones for sidewalks and planting easements. He also showed several intersection concepts including roundabouts and configurations with enhanced signals. Minutes of the Joint Planning Commission and City Council Meeting November 9, 2009 Page 2 Hogeboom discussed the next steps in the study process. He stated that within the next couple of months the study will go to the Planning Commission for a public hearing to recommend incorporation of the study into the Comprehensive Plan. After the Planning Commission reviews the study it will go the City Council for formal adoption. He added that the General Land Use Plan Map and Zoning Map are not being amended at this point in the study process. Waldhauser asked about the drawbacks of not amending the Land Use Plan Map and Zoning Map. Hogeboom explained that adopting the study into the Comprehensive Plan allows the City an opportunity to be better prepared without being bound to the Land Use Plan Map and Zoning Map. He added that property designations will most likely be amended when the area is better defined. Scanlon asked about the communication efforts and suggested that a letter with a brief explanation and more information might get a better response than a postcard. Hogeboom explained that letters have been sent to property owners in the study area and that the goal is to drive people to the City's website and/or have them call staff with any questions because there is a great deal of information. Loomis noted that the daily traffic figures discussed in the study are different than the County's traffic figures. Hale stated the figures in the study include potential redevelopment. Grimes suggested that language be put in the study explaining that the traffic figures noted are a forecast. Loomis noted that stormwater issues need to be addressed either in this study or through city ordinances and it should be made clear that stormwater needs to be dealt with before redevelopment occurs. The meeting was adjourned at 8:30 pm. Lester Eck, Secretary Regular Meeting of the Golden Valley Planning Commission November 23, 2009 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, November 23,2009. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, Finance Director Sue Virnig, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, LHB Consultant Michael Schroeder and Administrative Assistant Lisa Wittman. 1. Approval of Minutes November 9, 2009 Regular Planning Commission Meeting MOVED by Eck, seconded by Schmidgall and motion carried unanimously to approve the November 9,2009 minutes as submitted. 2. Presentation of Capital Improvement Program 2010-2014 - Sue Virnig, City Finance Director Virnig explained that the Capital Improvement Program is a five year fiscal planning document to identify capital projects over $10,000 and financing sources. She stated that this document has financing services made up of general obligation bonds, equipment certificates, municipal state aid allotments, tax increment, general fund transfers, special assessments and user fees from the enterprise funds. She added that this year the City Council decertified the Valley Square Tax Increment District which will help ease the property taxes in 2010. She explained that the Planning Commission's role is to review the Capital Improvement Program because it is part of the City's Comprehensive Plan. After the Planning Commission approves the document it will go to the City Council on December 8 for review and again for final approval on December 15. Eck referred to Page 9, exhibit 3 and asked about the golf course projections. Virnig stated that the weather, along with the economy this past year caused significantly less revenue for the golf course. Eck referred to Page 11, exhibit 5 and asked why the carryover doesn't match when the year changes from 2013 to 2014. Virnig stated that was done in error and she would correct it. Eck referred to Page 14, exhibit 8 and asked about the three million dollars being spent this year for Douglas Drive improvements. Virnig stated that it is part of the Transit for Livable Communities (TLC) grant and as a part of that grant the City would have to match the grant funding. Clancy added that the TLC grant application is to do some interim improvements on Douglas Drive by adding a sidewalk on the east side between Golden Valley Road and Duluth Street. She explained that TLC also feels it is important to restripe Minutes of the Golden Valley Planning Commission November 23, 2009 Page 2 the roadway to a three lane design and to make traffic improvements to accommodate bicycle lanes on both sides of the roadway. She stated that the project is in the very preliminary stage and has not been approved by Hennepin County or by MnDOT. She stated that the placeholder was put in the Capital Improvement Program and reiterated that if the City desires to use the funds from the TLC grant then it needs to set aside money to match the grant. Waldhauser asked Virnig to highlight some of the biggest changes in the Capital Improvement Plan since last year's plan. Virnig explained that the vehicle equipment replacement level has stayed the same, there were some delays in the building fund and the golf course has also considered delaying some of their equipment replacing as well. MOVED by Eck, seconded by Kluchka and motion carried unanimously to recommend approval of the 2010-2014 Capital Improvement Program with Commissioner Eck's above noted correction, as it is consistent with the Comprehensive Plan. 3. Continued Informal Public Hearing - Zoning Code Amendment - Regarding the Number of Street Curb Cut Access Points Applicant: City of Golden Valley Purpose: To limit the number of street curb cut access points to one per parcel in the Single Family Zoning District (R-1) Hogeboom reminded the Commission that this item was tabled at their September 29 meeting. He explained that the proposed ordinance language would restrict curb cuts in the Residential Zoning District to one with a few exceptions. He added that by putting the language in the Zoning Code residents could ask for a variance if there is a hardship present. Oliver stated that prior to 1999 Public Works staff had the practice of replacing existing driveways as they were. He explained that during the 1999-2000 Pavement Management Program the City Council received several complaints about driveway widths and secondary driveways. The Council at that time asked staff to gather information regarding the codes and policies in place. That discussion led to the City's current policy which limits driveway widths to 25 feet maximum, eliminates all boulevard parking areas and eliminates second driveways where no hardships exists. He stated that since 2000-2001 there have been approximately 50 properties where these types of issues have been addressed and there have been several people each year who have appealed the decisions. Based on recent appeals from residents to the City Council staff has been directed to codify the existing policies and practices. He reviewed the proposed new language regarding second driveways and explained that lots containing two legally constructed garages, lots with a person residing on the property with a physical disability that would require additional driveway access, and lots that Minutes of the Golden Valley Planning Commission November 23, 2009 Page 3 contain an existing horseshoe driveway would be allowed to have up to two curb cuts with the costs assessed to the property owner. He stated that discussions regarding this issue have included reduction of impervious surface area and the associated storm water runoff, the costs of installing driveway aprons which varies from $500 to $1500 per driveway apron and the ongoing maintenance costs of driveway aprons, safety issues particularly on arterial roads and the desire to treat all residential properties the same. Keysser asked about permitting new horseshoe driveways. Oliver stated that the proposed code does not allow for new horseshoe driveways. Cera asked if the hardship standards used in the Zoning Code when considering variances are the same standards used when evaluating curb cut requests and appeals. Oliver stated that when evaluating requests for second driveways they consider the actual need for the second driveway including handicap access, legally built second garages, etc. Hogeboom added that if the conditions in the proposed new driveway language were met, residents wouldn't have to go the Board of Zoning Appeals for a variance. Oliver explained that each case would be looked at individually but the intent is to remove secondary driveways. McCarty asked about the procedure when a second driveway is removed. Oliver stated that typically these issues happen during a pavement management program and in all cases the secondary driveway or auxiliary boulevard parking space has been removed and the yard restored. Keysser asked what the argument is against allowing horseshoe driveways for new construction since they are safer. Oliver reiterated that the number of driveways particularly on an arterial road is a safety concern and allowing horseshoe driveways for new construction is an issue of equity. He suggested the Planning Commission forward their concerns onto the City Council. Clancy added that another concern regarding secondary driveways is the City's need to reduce long term infrastructure costs. Keysser opened the public hearing. Don Lundquist, 1338 Edgewood, asked the Planning Commission to understand that the City isn't absorbing the cost for secondary driveways, the taxpayers are. Bruce Johnson, 6842 Olympia Street, said the issue hasn't been addressed regarding a person who wants extra driveways and is willing to pay for them. He said this is a nonsense issue and he doesn't see what the issue is if a resident is willing to pay for extra driveways. Grimes stated that a typical lot in Golden Valley is only 80 feet wide so there isn't always room for a second driveway and sometimes having more than one driveway can cause other issues in terms of traffic and safety. Kluchka reviewed the proposed new language and reiterated that some property owners will be allowed to have second curb cuts. Johnson questioned the safety concerns that have been discussed. Oliver explained that on high volume roads the more driveway points entering and exiting the flow of traffic Minutes of the Golden Valley Planning Commission November 23, 2009 Page 4 presents a safety concern. He added that most developing communities do not permit driveways onto high volume roadways. Stacy Hoschka, 6400 Golden Valley Road, noted that there is an increase in impervious surface with horseshoe driveways and thinks the Bassett Creek Watershed Commission might have concerns. She added that horseshoe driveways might be safer for the driver coming out of the driveway, but not necessarily for other people driving or walking by. She also questioned if more curb cuts are easier or safer for pedestrians or people in wheelchairs. David Comb, 200 Jersey Avenue North, stated that he has a horseshoe driveway and he just spent $6,000 repaving it. He is concerned about being forced to remove it if the City deems it necessary. Oliver stated that Jersey Avenue between Laurel and Glenwood was reconstructed in 1995 and he anticipates a long life for that roadway. Grimes reiterated that the language in the Code allows existing horseshoe driveways to remain. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Waldhauser agreed that part of the safety issue is not just for drivers but also for pedestrians. McCarty noted that the proposed new language affects the remaining properties in the Pavement Management Program and questioned if it is too late in the process now to codify these requirements. He asked how many properties would be affected by these proposed new requirements. Oliver stated that some years have seen no second driveway issues and other years there have been 10 or 12 issues. He stated that these proposed requirements would apply to approximately 3 to 8 percent of properties. Kluchka said he supports this proposal because it gives people a process to appeal. MOVED by Schmidgall, seconded by Kluchka and motion carried unanimously to recommend approval of limiting the number of street curb cut access points to one per parcel in the Single Family Zoning District (R-1). 4. Informal Public Hearing - General land Use Comprehensive Plan Amendment - adopting the Douglas Drive Corridor Study Applicant: City of Golden Valley Purpose: To recommend the adoption of the Douglas Drive Corridor study as a part of the Special Planning Districts chapter of the Comprehensive Plan Hogeboom stated that the Douglas Drive Corridor Study began in July of 2008. He explained that the study was overseen by the Douglas Drive Corridor Study Advisory Committee which was comprised of three Planning Commissioners, three City Council Members and three staff members. He stated that the study looked at long term solutions Minutes of the Golden Valley Planning Commission November 23, 2009 Page 5 to some of the issues along Douglas Drive and tried to predict what the future traffic and land use patterns might be and how to best address them. He stated that the study will be added to the Comprehensive Plan as a planning study so in the future, if funds become available for possible projects along Douglas Drive, the study or vision will already be in place. He added that there are no proposals to amend the General Land Use Plan Map or the Zoning Map at this point. Michael Schroeder, LHB, referred to a PowerPoint presentation. He stated that the content of his presentation is substantially the same as what was presented at the open house held several months ago. He discussed the study area and the parameters of the study which includes: studying current and future land uses, offering options for roadway design and finding ways to accommodate existing users, especially pedestrians and bicyclists. Schroeder next discussed the principles of the study and the various ways the public and stakeholders were included in the study process. He talked about the character of the corridor, the potential for change and how to accommodate long term change. He also discussed the limiting conditions and the priority issues in the corridor such as: narrow right-of-way, unlinked transit facilities, little accommodation of modes other than vehicles, discontinuous pedestrian ways, increasing traffic congestion and unsafe pedestrian facilities. Schroeder explained the potential long term land use evolution and discussed the various concepts proposed throughout the corridor in the next 20 years including: the TH 55 Campus Concept, Douglas Drive Residential (south) Concept, Mixed Use Node Concept, Douglas Drive Residential (north) Concept and the Mixed Use Village Concept. Schroeder talked about the roadway evolution and explained that expected growth, number of trips and consideration of the road's ability to accommodate new traffic were all taken into consideration when considering a three-lane or four-lane roadway. He showed several conceptual roadway drawings and discussed permanent improvements with amenity zones for sidewalks and planting easements. He also showed several intersection concepts including roundabouts and configurations with enhanced signals. Kluchka asked Hogeboom to describe the value of incorporating this study into the Comprehensive Plan. Hogeboom explained that there is a chapter in the Comprehensive Plan devoted to planning studies and this study is a guiding document but doesn't hold the City to any specific design, it just recognizes that the study was done. Schroeder added that it also won't put the City in the position of having adopted a plan that creates non-conforming uses along Douglas Drive and it won't take away existing property owner's rights. Kluchka asked what the study will make easier for developers and the City in the future. Hogeboom stated part of the process includes the HRA creating a redevelopment area and this study would give an overall vision should the City decide to focus development in a particular area. Schroeder added that the development community is looking for some amount of certainty that their investment will be following a vision or a pattern laid out by Minutes of the Golden Valley Planning Commission November 23, 2009 Page 6 the City. So this study offers a guide for the evolution of Douglas Drive without having a specific timeframe for that evolution. Grimes noted that the City has done several planning studies over the last 30 years in areas like Valley Square, Golden Hills, etc. He added that planning is incremental and helps guide what happens in the future. He said another issue that needs to be considered is how much development can go in this area without changing the character of the community and having a study or a plan gives the City a baseline to start from. Kluchka asked about feedback the City has received so far. Hogeboom stated that the study information has been on the City's website since July of 2008 and as of November 11,2009 there have been 2,761 views of the website. He stated that there has also been approximately 50 written comments submitted which will become part of the study documents. He stated that many of the comments were in regard to streets being closed off to Douglas Drive and keeping Olympia Street open. He said this option was looked at on a very preliminary basis and has since been taken out of the study. Schroeder added that there was also concern expressed about the impact to the railroad crossing and the traffic on a 3-lane road design which is still being analyzed. Keysser opened the public hearing. Michael Hunegs, 6621 Olympia Street, said he doesn't believe anyone would have an objection to pedestrian safety considering there have been two fatalities. He said the Douglas Drive system needs to be judged by the maximum stress that is put on the system especially during winter days with southbound traffic backed up trying to turn onto TH 55 which causes a spillover effect across the entire area. He suggested that the traffic be studied during the worst possible times in order to gauge what is going on. He said the pictures shown in the study are beautiful but they represent an ideal situation and there will not be 10,000 to 15,000 pedestrians using this system no matter how beautiful it is. The fact is most people have to use the system and don't have a choice. He said he thinks there is gross underestimation of the volume of change that will be brought to this area and he wants to make sure that there is a realistic assessment of the likely traffic because he feels the system is stretched to its maximum amount now. He said he is also concerned about the possibility of a 6-story building on Douglas Drive and wants to know what shadows will be cast and how people's gardens will be affected. He said this study looks good on paper but there are many questions he hasn't heard answered yet. John Paulson, 1370 Douglas Drive, asked if Douglas Drive is a city road or a county road. He said that one of the considerations in determining if this study is advisable are the costs involved. He wants to know if the residents will be assessed for these changes. Keysser stated that Douglas Drive is a county road and Golden Valley Road is a city road. Paulson said we need to get back to common sense and do things that are practical when we've got the money. Gary Anderson, 1100 Douglas Drive, asked what this study cost. He questioned who would be interested in what is going to happen to the Douglas Drive Corridor 20 years from now. He said he's interested in what is going to happen a year or five years from now and he is not interested in roundabouts that don't work. Minutes of the Golden Valley Planning Commission November 23, 2009 Page 7 Stacy Hoschka, 6400 Golden Valley Road, said she is glad the study incorporated existing land uses in the corridor. She said her concern is the right turn lane going west bound from Douglas Drive onto Golden Valley Road which is a very dangerous intersection. She said she has three small children and every time they go for a bike ride or a walk they have to stop twice as they cross Golden Valley Road or Douglas Drive because of the turn lane island. She said she lived in England for a year and knows that roundabouts work great and could beautify the corridor so she would be in support of that decision. Lowell Hammer, 6800 Olympia Street, questioned the density and the amount of houses and condos being proposed for the corridor because where there is high density there are high problems. He asked how many people are expected to be living in the corridor. He added that more traffic is not needed on Olympia Street because it is practically a highway now with stop signs that aren't obeyed. Linda Johnson, 2417 Douglas Drive, said she appreciates planning so far ahead because that is the only way things will get done in less than a haphazard way. She questioned if those who own property in the corridor should go forward with home improvement plans and how the study will affect property values. Mark Schulte, 6336 Phoenix Street, said he noticed there was a lot of talk about mixed use in the long term projection. He said a lot of people on the west side of Douglas Drive like to live in a residential neighborhood and he is concerned about people putting more money into remodeling their houses only to have property values drop because of high density developments. He said he is concerned about the character of the neighborhood and doesn't necessarily want a mixed use environment in his back yard. Bruce Johnson, 6842 Olympia Street, said he thinks long range planning is terrific. He said he agrees that high density isn't always good. He asked how long the planning took for the 1-394 corridor and what has changed as a result because he hasn't seen much change in the last 10 to 15 years. He added that a lot of planning was done in the 1-394 corridor and he's not sure that has worked out so well because he has not seen things get any better. Shep Harris, 2425 Zane Avenue North, said he is concerned about the cost and he would like to know the cost estimates and who is paying for the things being proposed. He said he is also concerned about the safety issues, the beautification and image of the city and Bassett Creek. He expressed concerned about the impact downstream in the Bassett Creek Park neighborhood and the impact of the run-off from mixed use types of developments. Emily Delaney, 1618 Kelly Drive, said she waits for the bus every morning at the corner of Olympia Street and Kelly Drive and that 7 out of 10 cars don't stop at the stop sign on that corner. She said it is really dangerous with all the traffic so she would like to see less traffic go through that area. Minutes of the Golden Valley Planning Commission November 23, 2009 Page 8 David Comb, 1300 Douglas Drive, said he is concerned about the 3-lane roadway being proposed because there will be one lane of continuous traffic at all times. He said that proposing high density with fewer traffic lanes concerns him. Charles Ostrov, 1788 Maryland Avenue North, said the traffic patterns getting from Olympia and all the side streets onto Douglas are a problem. He said he has observed that the traffic problems on Olympia started when Plymouth Avenue was closed. Chip Johnson, 2417 Douglas Drive, said he is concerned about converting four lanes to three lanes especially when it rains or snows and suggested traffic be diverted to other areas. Michelle Jorgenson, 1035 Sumter Avenue North, said she is also concerned about traffic. She said that it is really hard to get to TH 55 on Douglas from Golden Valley Road already and more traffic would make it worse. Seeing and hearing no one else wishing to speak Keysser closed the public hearing. Kluchka asked staff to address the three lane road configuration, the impact to traffic and the railroad crossing issue. Clancy stated that the three lane design is being considered for a number of reasons. One is because Transit for Livable Communities (TLC) is potentially providing the City funding for some improvements. She explained that the City and the County are trying to collaborate to find a design that will work for Douglas Drive and will intrude the least on the neighborhood so when the improvements are made the City won't have to purchase right-of-way to build a larger roadway than what would be necessary. Another reason for looking at the three lane design is that four lane, undivided roadways tend to cause speeds to increase and are harder for police to manage in terms of traffic control. They also tend to have higher speed limits placed on them than three lane roads have. She stated that the City is trying to accommodate the existing traffic, encourage the users of the roadway to drive the speed limit, accommodate pedestrians and accommodate the turning movements that are needed. She discussed other four lane roadways that were converted to three lane roads and the positive feedback the changes in striping has had. She explained that Golden Valley does not want to build an improvement that causes traffic to divert onto neighborhood streets or onto other county roads. She explained that Douglas Drive is considered to be a minor arterial and is considered by the Metropolitan Council to be a reliever to traffic problems on Highway 100. She added that Hennepin County is comfortable with the three lane road design given the volume of 11,000 to 12,000 vehicles per day. She stated that the issue of the railroad crossing is still being studied. Keysser asked about a three lane roadway accommodating 15,000 vehicles per day as suggested in the study. Clancy stated that Hennepin County's comfort level is probably conservative and the three lane roadway could accommodate 15,000 vehicles per day. Waldhauser asked if am and pm traffic has been considered. Clancy said it is considered on a traffic distribution basis and there will be peak periods of congestion. Grimes noted that Douglas Drive south of Golden Valley Road will remain a four lane roadway. Minutes of the Golden Valley Planning Commission November 23, 2009 Page 9 Clancy referred to the intersection of Douglas Drive and Golden Valley Road and said she is also concerned about the free right turn lane. She said the safety issue at that intersection will be addressed as part of a long term project. She referred to the question asked about the costs of the project and the assessments to the property owners. She stated that a very preliminary estimate for the construction costs for the project from TH 55 to Medicine Lake Road will be approximately 18 to 20 million dollars. She explained that Hennepin County will pay for most of the roadway construction costs, the City will pay a portion of the sidewalk improvements and the City is responsible for extending and upgrading the utility systems. She explained that the City is working with the County regarding funding and is looking at several different funding opportunities including TLC funds and federal funds. She discussed the City's assessing policy and stated that assessment values have not yet been determined. Grimes asked Clancy about the County's schedule to reconstruct Douglas Drive. Clancy explained that it is on the County's schedule for 2016-2017. Clancy referred to the questions regarding Bassett Creek water quality and stated that all property owners during redevelopment will have to follow the Watershed's requirements will be responsible for water quality treatment. Kluchka asked about limiting traffic overflow and the concerns about traffic. Clancy explained that Olympia Street is a state aid street and carries approximately 1,500 vehicles per day which is considered to be a reasonable volume for a state aid or collector street. She said she doesn't see anything in the study that would divert traffic into any neighborhoods. Keysser asked Grimes to address the questions regarding high density. Grimes stated that study shows the Douglas Drive Apartment properties at about the same density. The other side of Douglas Drive is all single family homes could double in density which would mean there could be 40 units of housing instead of 20 single family homes. Waldhauser stated that the Douglas Drive Study Committee wants any development to be an enhancement to the adjacent residential areas and they want higher density to be a good thing for the neighborhood, not a detriment. . Kluchka asked why higher density is a good idea. Schroeder said the City won't get redevelopment opportunities if it redevelops with the same amount of density that is there today. He stated that the term "high density" in this case means higher density than what currently exists today. Kluchka asked about what developer's interest might be in the properties in the corridor if the density were to remain the same. Schroeder stated there would be no interest from developers if the density stays the same. Kluchka asked about the Metropolitan Council expectations for density in Golden Valley. Grimes stated that the Metropolitan Council is projecting growth of approximately 3,000 to 4,000 more people which equates to approximately 1,500 to 2,000 new households which will most likely be accommodated in multi-family housing. Some of which is designated along the 1-394 Corridor and some of which is in the Douglas Drive Corridor. Schroeder added that people also want a variety of housing choices. Kluchka asked if the City should be worried about the perceived problems related to high density housing. Grimes stated that Minutes of the Golden Valley Planning Commission November 23, 2009 Page 10 in his experience, owner occupied housing units have not been a problem and in fact offer people an opportunity to stay in Golden Valley. Schroeder added that the problems typically associated with multi-family housing tend to be connected to bad management. Kluchka asked about the cost of this study. Grimes stated that the study cost approximately $100,000 and approximately $50,000 was received in grant money. Kluchka asked how much implementation will cost and who will pay for it. Schroeder explained that the primary source of funding for redevelopment is tax increment financing or tax abatement. He stated that there is usually some combination of grant money and developer capital tied with city resources. Grimes added that much of the upgrading of Douglas Drive will be paid for by Hennepin County. Kluchka asked about the costs for developing the land, not the road. Grimes stated at this point in time the City is not going to acquire property and sell it back to developers. Tax increment is most likely what would be used for any redevelopment. He added that the plan is just a way to show developers the City's vision for the corridor. Kluchka referred to the questions asked by residents regarding remodeling their homes and planning for any future redevelopment. Schroeder stated that properties, as they are acquired, would be acquired based on fair market value through an appraisal or through the uniform relocation act which is a mandated process used to define what the acquisition price will be. He suggests to people in redevelopment areas not let their properties decline, particularly in an area that looks out over 20 years for redevelopment and doesn't predict when redevelopment will happen. The value of the property is based on the condition of the property when it is acquired so it is worth it for property owners to maintain and improve their property. He discussed the federally mandated process for property acquisition when a city is involved in purchasing properties and suggested residents talk to real estate professionals or appraisal acquisition experts to help with improvement decisions. Grimes discussed the changes that have occurred since the mid-1980s in the 1-394 corridor. He stated that no property in that corridor has been devalued and in fact property values have been enhanced. Kluchka said he is interested in knowing if developments are helped or hindered by these planning studies. Keysser said he thinks within the next 20 years the market will change significantly. Kluchka asked how the Douglas Drive Corridor Study addresses maintaining residential character along the corridor and the potential impact to neighboring property. Schroeder stated that the intention is to use redevelopment to create a higher level of amenity, not only to the corridor but to the neighborhoods near the corridor. He stated that the study also tries to stabilize the negative impacts of the roadways and create character that encourages more walking and more movement and enhances the image of the corridor while still feeling residential in character. McCarty referred to the northeast corner of Douglas Drive and Golden Valley Road and asked how the study addresses that area. Schroeder stated that area differs from the Minutes of the Golden Valley Planning Commission November 23, 2009 Page 11 Comprehensive Plan which suggests a multi-family use. Grimes stated that the Comprehensive Plan designates that area as high density. Grimes referred to the concern heard earlier about 6-story buildings in the Douglas Drive Corridor and stated that they would be located only along TH 55. Schroeder agreed and added that every other area is either 3 or 4 story, multi-family buildings. McCarty said he thinks the study is very well thought out but he is not convinced that the idea of front yards facing Douglas Drive will work, especially for families with children. Grimes agreed that wouldn't be the typical choice for families with children. It is probably more appropriate for single people or families without children. Schmidgall said he would cheerfully live in the community that is depicted in the study. He said he understands that 25 years from now the community will look different than what has been depicted because the study is a starting off point or guideline. He said it is an excellent plan that involved wide participation by members of community and it is an excellent direction for the future of this area. MOVED by Schmidgall, seconded by Eck and motion carried unanimously to recommend the adoption of the Douglas Drive Corridor study as a part of the Special Planning Districts chapter of the Comprehensive Plan. --Short Recess-- 6. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Kluchka stated that the District 281 Divestiture Committee has continued to meet and discuss options for the district's properties. 7. Other Business No other business was discussed. 8. Adjournment The meeting was adjourned at 9:35 pm. Lester Eck, Secretary Golden Valley Human Services Foundation (GVHSF) Meeting Minutes October 12, 2009 Present: Dan Blumb, Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Diane Nimmer, Connie Sandler, Steve Schumacher and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison. Not Present: Gloria Johnson and Chris Monroe. Call to Order: Chairman Blumb called the meeting to order at 6:38 p.m. September 14 minutes: Erickson moved and Sandler seconded the motion to approve the minutes of September 14. The motion passed unanimously. Allocation of Funds: After much discussion, Heilicher moved and Nimmer seconded the motion to recommend the following allocations to the City Council: Northwest Suburban Dinner At Your Door $5,000 Crisis Connection $1,500 Community Mediation Services $1,500 Greater Minneapolis Crisis Nursery $7,500 TreeHouse $5,000 Home Free $2,500 PRISM $5,000 Senior Community Services Outreach $2,500 Senior Community Services HOME $5,000 Northwest YMCA $5,000 For a total of $40,500. Funding requests from The Bridge for Youth and LOA Minnesota were denied. Motion passed unanimously. Members would like to review the application and make possible changes emphasizing the service and impact to Golden Valley residents by the agency. Taste of Golden Valley: Members are following up with restaurants. Commitments from Kips Irish Pub, Olive Garden, Noodles and Company and Perkins. Perpich students will entertain from 5:30-6 PM Tim Mahoney is being confirmed. Dan Wascoe is available, if needed. Several silent auction items have been donated including Viking tickets, signed guitars, golf basket and night at Holiday Inn Express. McGhie passed out publicity contacts. Vodovoz will contact volunteer groups as needed. Baskets will be put together with a tentative date of November 5th. Other Business: Vodovoz presented fund-raising information from Perkins. The manager of Perkins will send information to Vodovoz for the GVHSF to review. Members felt it was not necessary to meet in November or December. Adjournment: Sandler moved to adjourn the meeting, Erickson seconded the motion. The meeting was adjourned at 8:07 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison Bassett Creek Watershed Management Commission Minutes of the Meeting of November 18, 2009 1. Call to Order The Bassett Creek Watershed Management Commission (BCWMC) was called to order at 11:40 a.m., Wednesday, November 18,2009, at Golden Valley City Hall by Chair Welch. Ms. Herbert conducted roll call. Roll Call Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park Also present: Commissioner Pauline Langsdorf, Secretary Commissioner Linda Loomis, Treasurer Alternate Commissioner Ted Hoshal Commissioner Michael Welch, Chair Commissioner Kris Sundberg Alternate Commissioner John Elder Commissioner Ginny Black Not represented Commissioner Jim deLambert Counsel Engineer Recorder Charlie LeFevere Karen Chandler Amy Herbert Derek Asche, BCWMC Technical Advisory Committee, City of Plymouth Alye Bohn, City of Golden Valley intern Jack Frost, Metropolitan Council Dave Hanson, Alternate Commissioner, City of Golden Valley Tom Mathisen, BCWMC Technical Advisory Committee, City of Crystal Jeff Oliver, BCWMC Technical Advisory Committee, City of Golden Valley Stu Stockhaus, Alternate Commissioner, City of Crystal Liz Stout, BCWMC Technical Advisory Committee, City of Minnetonka Liz Thornton, Alternate Commissioner, City of Plymouth 2. Approval of Agenda and Consent Agenda Ms. Black moved to approve the agenda as amended. Ms. Loomis seconded the motion. The motion carried unanimously [City of Robbinsdale absent from the vote]. Chair Welch requested the removal of the October 15, 2009, meeting minutes and the November financial report from the Consent Agenda and announced that there is no need to take action on the Consent Agenda. Chair Welch introduced the New Hope Alternate Commissioner John Elder, who will be taking over the Commissioner role on February 1st. 3. Citizen Input on Non-Agenda Items No citizen input on non~agenda items. 4. Administration A. Presentation of the October 15, 2009, BCWMC meeting minutes. Chair Welch requested on behalf of Commissioner Langsdorf that the meeting minutes be amended on page 6, second to last paragraph, third sentence to read, "She said he responded that when included as part of a larger project application that funding would rank higher if there was a component of public outreach." Ms. Black moved to approve the minutes as amended. Ms. Loomis seconded the motion. The motion carried unanimously [City of Robbinsdale absent from the vote]. B. Presentation of the Financial Statement Chair Welch stated he removed the rmancial report from the Consent Agenda so the Commission would take a few minutes to review it since the Commission is approximately three.fourths of the way through its rlScal year. Chair Welch noted the amount of permit reveuue received to.date is lower than anticipated and reflects the economy. Chair Welch asked Ms. Chandler to look at the amounts remaining in the Engineering water quality/ monitoring budget and Engineering Administration budget and asked if there are water quality/ monitoring expenses that haven't yet been billed to the BCWMC. Ms. Chandler said Barr will be reviewing the monitoring data and writing the reports. Chair Welch stated that if the Administration costs run over budget then the BCWMC would want an explanation. Ms. Loomis announced that the date for non-interest bearing accounts being FDIC secured has been extended to 2013. Ms. Loomis also mentioned that the BCWMC may want to consider during its 2011 budget process using financial incentives for residents to encourage installation of Best Management Practices (BMPs) as part of the TMDL implementation process. Chair Welch stated that the Commission would receive and me the financial report. The general and construction account balances reported in the November 2009 Financial Report are as follows: Checking Account Balance TOTAL GENERAL FUND BALANCE 509,057.25 509,057.25 Construction Account Cash Balance Investment due 10/18/2010 TOTAL CONSTRUCTION ACCOUNT BALANCE -Less: Reserved for CIP projects Construction cash/ investments available for projects 2,635,670.77 533,957.50 3,169,628.27 3,256,699.00 (87,070.73) C. Presentation of Invoices for Payment Approval. Invoices: i. Kennedy & Graven - Legal Services through September 30, 2009 . invoice for the amount of $2,564.90. ii. Barr Engineering Company - September Engineering Services. invoice for the amount of $28,329.33. iii. Amy Herbert - October Recording Administrator Services - invoice for the amount of $3,272.62. iv. Judy Arginteanu - Contract for three watershed education articles in 2009. invoice for the amount of $900.00. v. City of New Hope - Final reimbursement for Northwood East Sediment Pond - request in the amount of $10,754.14. vi. SEH, Inc. - Review of St. Louis Park Local Water Management Plan. $1,200.00. Ms. Loomis moved to approve the payment of the invoices. Ms. Black seconded the motion. By call of roll, the motion carried unanimously with seven votes in favor [City of New Hope abstained from the vote. City of Robbinsdale absent from the vote]. D. The Open Meeting Law and E-Mail. Mr. LeFevere said the League of Minnesota Cities #249441 vI BCWMC November IS, 2009 Meeting Minutes 2 Insurance Trust (LMCIT) Open Meeting Law policy is a good guideline for the Commission to keep in mind. He stated that the Open Meeting Law also applies to BCWMC committees. Mr. LeFevere reminded the Commission that an e-mail communication involving a quorum of the Commission may be a violation of the Open Meeting Law. Mr. LeFevere advised the Commission that if the members have an electronic communication that is more than a one-to- one person communication, the communication should be funneled to Ms. Herbert and she can pass it on and can also consult with Mr. LeFevere with respect to Open Meeting Law guidelines. Chair Welch remarked that the BCWMC doesn't really have a set of governance policies and he thinks the Commission should review whether it needs some in place. He said that he has asked staff to look at background information on a records retention policy, which the Commission does not have but needs to have. Chair Welch pointed out that one-on-one electronic communication forwarded ahead to one, then again to one, and then again to one is a violation of the Open Meeting Law. Mr. LeFevere reminded the Commission that a few years ago it did add Open Meeting Law insurance to provide some, although limited, protection in case of a violation of the Open Meeting Law. He said that however, a lengthy lawsuit that is won isn't better than not having to go through the lawsuit in the first place. Chair Welch said the best practice for the Commission is to route things though Ms. Herbert. Mr. LeFevere reminded the Commission to use him as a resource for questions. Ms. Langsdorf asked if she should send out committee meeting agendas through Ms. Herbert. Chair Welch said it would be best because otherwise it would be easy for someone to receive the e-mail, reply to all, and begin a discussion that way. Mr. LeFevere mentioned that related to the Data Practices Act, e-mail communications are subject to recovery as public data. 5. New Business A. Presentation by Alye Bohn on her thesis "BASSETT CREEK: PERCEPTIONS OF AN URBAN STREAM: Discovering why Bassett Creek developed as it did and resident perceptions today." Ms. Alye Bohn, a current intern with the City of Golden Valley, presented to the Commission her spring 2009 undergraduate senior honors thesis "Bassett Creek: Perceptions of an Urban Stream: Discovering why Bassett Creek developed as it did and resident perceptions today". Ms. Bohn described her research process including a 21-question mailed survey sent to residents through a random selection based on Hennepin County tax parcel data. She shared the historical information she had gathered about the creek including its physical geography, early settlement and development, and urbanization. Ms. Bohn discussed the data she received from the 51 completed or partially completed surveys out of the 161 surveys received via mail by residents. She highlighted that 95 % of the respondents believed that Bassett Creek is an important environmental element in the community. Ms. Bohn summarized that respondents show a high concern and interest for the creek and its surroundings and the five important factors residents base their perceptions of the creek on are recreation, scenery, water quality, participation, and maintenance. Following the presentation the Commission discussed whether Bassett Creek historical information is archived and the Commission recommended that the Education Committee discuss the topic and bring ideas back to the Commission at some point. 6. Old Business A. Administrative Services Committee Update on Request for Proposals. Chair Welch clarified that the request for proposals is for administrative services tasks. He reported that the Committee 3 #249441 vI BCWMC November 18, 2009 Meeting Minutes has meet with Springsted, Inc., who is contracted with the BCWMC to develop a scope of services for the administrative tasks. Ms. Black reported that she has spoken with Springsted, Inc. who will be sending the Committee a draft scope of services either today or tomorrow. Ms. Black said the Administrative Services Committee will meet after Thanksgiving to discuss the draft scope of services and will bring the draft scope and the Committee's comments to the Commission at the December meeting. B. Resource Management Plan. Chair Welch provided the background of the Resource Management Plan (RMP). He said the Commission packaged a number of projects together for the purpose of preliminary permitting with the U.S. Army Corps of Engineers (Army Corps). Chair Welch said the process for getting the RMP approved by the Army Corps is coming to a close and two agencies responded as part of the public comment process. Ms. Chandler said the Minnesota Department of Natural Resources (DNR) commented as did the Minnesota Historical Society. She said the DNR letter had specific comments and addressed three projects in particular and its concern about the proposed excavation for storm water ponds in wetlands. Ms. Chandler explained that the Grimes Pond and Wirth Lake ponds are probably not going to end up being projects in the long run. She stated that the City of Robbinsdale is considering eliminating the Grimes Pond project and the Wirth Lake TMDL as it is currently being crafted calls for the modification of the Wirth Lake outlet, which will eliminate the need for the pond. Ms. Chandler said a response would be needed only for the proposed pond in the Main Stem Watershed. She said the DNR also commented regarding the use of specific design principles for stream restoration projects. Ms. Chandler said the Commission Engineer recommends responding to comments from the Army Corps and also to the comments from the DNR. Chair Welch said he was glad the Commission heard from the DNR. He said one of the values of the RMP proved itself already with this letter in the fact that the DNR now knows what the BCWMC has in mind in terms of future projects. Chair Welch said the Commission could work with the DNR on how to modify the idea or design before the Commission spends money on the feasibility study or capital project. Chair Welch said the Historical Society letter refers to a review process that is very long and costly. He said the Commission needs to decide how to proceed. Chair Welch suggested the Commission begin to assess the costs of a cultural 106 review and to have at least a telephone conference if not a sit down conference with the Army Corps regarding the area of possible effects and next steps. Ms. Chandler said that Barr had hired a firm to conduct the first level of a cultural review for the RMP. Mr. LeFevere suggested that Barr call the consultant before calling the Corps or the Historical Society since the consultant may have some ideas on how to frame the issues. Chair Welch asked Ms. Chandler to make a phone call to that f'mn to ask about what the Commission's next steps would be and then to contact the Army Corps to set up a discussion. He said he is willing to participate in the discussion with the Army Corps and Mr. deLambert also volunteered to participate in the discussion with the Army Corps. Ms. Chandler said that Barr can contact the f'mn and ask about the next steps and get back to the Commission and can also contact the Army Corps. C. Comments on Medicine Lake TMDL Public Meeting. Chair Welch reported that based on the Medicine Lake Steering Committee and the public meeting the MPCA is redoing the draft TMDL, which the MPCA thought would be ready by now. He said the TAC didn't want to spend time reviewing the draft until it is in its final form but said it could hold a special meeting to review the draft TMDL if the Commission concurs. Chair Welch reported that Joel Settles of Hennepin County indicated that the County is interested in being part of the categorical wasteload allocation. 4 #249441 vI BCWMC November 18, 2009 Meeting Minutes Chair Welch stated that the Commission should consider whether it wants to communicate to the MPCA before it finishes the next draft. He said the TAC is not interested in doing so and would rather see how the MPCA handles the comments the Commission and other stakeholders have already provided. Chair Welch remarked that there is a lot that still needs to be figured out. He said there is concern about the aspect that the draft TMDL states that the internal load will be zero. Chair Welch said that issue is the one he thinks the Commission should consider whether or not it wants to comment on prior to the MPCA finishing the next TMDL draft. He said he thinks the Commission may want to comment on the issue before it agrees to the assumption of zero internal load. Chair Welch asked the Commission if it wants to communicate to the MPCA right now or to wait for the draft TMDL. The Commission agreed it wanted to comment on the draft once it is received. Chair Welch stated that the Chair and staff will work together to convene a TAC meeting as soon as the Commission receives the draft TMDL from the MPCA and the TAC will provide the input to the Commission at either the December or January BCWMC meeting. Mr. Oliver said that even if the City and the members of the categorical wasteload allocation remove the majority of the phosphorus assigned, Medicine Lake still won't meet its goal once the wind blows. He said the City is concerned that the MPCA through the MS4 permits will come back and say the cities did not meet their allocation goals and that it will cost the cities many more millions of dollars to follow up. Mr. Oliver said the City of Golden Valley wants a commitment from the MPCA that it will be measured solely on the efforts for the source load rather than the internal load and that the MPCA cannot put restrictions on permits because of internal loading. Mr. Oliver said he thinks the cities, the MS4s, and the Commission should do anything it can to get assurances from the MPCA. Mr. LeFevere suggested that the Commission could acknowledge that the plan is based on a premise that is untested and probably false and that it is seeking assurance that the cities wouldn't be pushed to achieve goals that aren't realistic. Chair Welch reminded the Commission that it isn't an MS4 and the Commission's comments shouldn't preclude the cities from submitting their own comments even though as a Joint Powers organization the cities and the Commission can coordinate its comments. Chair Welch said the Commission may consider developing a cost share program that would offer residents money for implementing best management practices. He said he thinks the Commission will need a steering committee that meets four to six times a year as a way for the Commission to manage the TMDL implementation activities. Chair Welch said the clear direction is for staff to work with him and the T AC to generate comments on the draft TMDL for Commission review and he will contact the MPCA to rmd out when the Commission can expect to receive the draft and if an MPCA representative would be available to attend the Commission's January meeting to provide an update. [Mr. Elder and Ms. Sundberg depart meeting.] D. Mississippi River E. coli Study. Chair Welch said that Ms. Loomis brought up at a previous BCWMC meeting the option of asking the MPCA to include Bassett Creek in the Mississippi River E. coli TMDL. He said he spoke with the MPCA and said the Commission would want to see the plan clearly dermed regarding how it would work between the Commission and the MPCA and that the Commission would want it to be a collaborative process. Chair Welch said then he heard that Barb Peichel of the MPCA reported that Bassett Creek has been added to the Mississippi River E. coli TMDL study. Ms. Chandler reported that the additional E. coli monitoring doesn't fit the grant opportunity because there is enough data already collected for the stream to be listed as impaired even though 5 #249441 vI BCWMC November 18, 2009 Meeting Minutes the TMDL is not underway. Chair Welch directed staff to contact Ms. Peichel and let her know that the Commission would like the MPCA to provide for the Commission's December meeting packet a memo describing how the Commission's E. coli TMDL would fit in with the Mississippi River TMDL. E. Grants Update. Ms. Chandler reported that at the last month's BCWMC meeting, the Commission discussed applying for the MN Board of Water and Soil Resources (BWSR) Clean Water Fund Grants for three projects including a Plymouth pond project upstream of Northwood Lake. She said that after talking with the City of Plymouth staff about the project, she and the City staff agreed the project would have a better chance of being awarded grant funding next year when the feasibility study would be complete. She said she is going ahead with the assumption that the Commission wants to move forward with the grant application for the two channel restoration projects and just needs to know how much the Commission would like to apply for in its grant application. Ms. Chandler said she recommends asking for $200,000 to $300,000 per project. Chair Welch moved for staff to apply for $300,000 of grant funding for the Plymouth Creek restoration project and for $200,000 for the Main Stem restoration project. Ms. Black seconded the motion. The motion carried unanimously with six votes in favor [Cities of Minnetonka, New Hope, and Robbinsdale absent from the vote]. F. TAC Recommendations. The Commission agreed that if the TAC decides it needs a February meeting that it should be able to schedule one. Chair Welch stated that the TAC should consider outlining a strategy of how to assess the CIP project maintenance costs and how to consider the maintenance issues as part of the CIP project assessment. Ms. Black recommended the TAC also consider what costs the Commission would need to add into its operating budget. G. Education and Public Outreach Committee: Amending Contract with Writer. Chair Welch moved to approve amending the BCWMC's contract with Judy Arginteanu to increase the amount by $300. Mr. deLambert seconded the motion. The motion carried unanimously [Cities of Minnetonka, New Hope, and Robbinsdale absent from the vote]. 7. Communications A. Chair: i. Chair Welch reported that the Commission participated in a project in St. Louis Park and the project was completed for less than the amount the Commission had budgeted for the project. He said the Westwood Hills Nature Center asked the Commission to contribute $3,000 towards educational signage about the project and the Commission approved the contribution. Chair Welch said that the signage project had not been pursued until this month when a contact from the nature center asked if the Commission's $3,000 is still available for the project. Chair Welch said that Mr. LeFevere has looked at it to make sure there were no timing issues regarding when the funds needed to be spent and it looks like there are no issues. He said Ms. Herbert will make sure the BCWMC still has access to those funds. ii. Chair Welch announced that the Met Council has contacted the BCWMC to ask it to conduct FLUX modeling on the WOMP station data. Chair Welch asked Ms. Chandler if the issue could wait until the December BCWMC meeting. She said it could. Chair Welch directed staff to prepare a memo on the item. Ms. Black asked that staff include in the memo information regarding whether it would be a one-time expense or recurring and also why the BCWMC is being asked for this now when it hasn't been asked to participate previously. B. Commissioners: No communications. #249441 vI BCWMC November 18,2009 Meeting Minutes 6 C. Committees: Education Committee: i. Ms. Langsdorf announced that NEMO (Nonpoint Education for Municipal Officials) is interested in having watersheds participate with them as partners at no cost to the watersheds. Ms. Langsdorf said the deadline for signing up to participate is December 31, 2009, and that she will bring it up as an agenda item at the December meeting. n. She mentioned that NEMO has board games that are educational tools about watersheds and lakes and that she believes that the games it would be useful for lake associations, planning commissions, and city councils. She said the games and related educational activities take 1.5 to 2 hours to complete and require a facilitator. ill. Ms. Langsdorf said the Joint Education and Public Outreach Committee (Joint EPOC) has the first draft of its outreach plan. She reported that the next Joint EPOC meeting will be on Tuesday, December 8th at 8:30 a.m. at Plymouth City Hall. iv. Ms. Langsdorf reported that the next BCWMC Education Committee meeting will be at 9:00 a.m. on Friday, December 4th at Plymouth City Hall. v. Mr. Stockhaus reported that seven teachers are conf"mned for the focus group so far. vi. Ms. Langsdorf stated that the BCWMC Education Committee participated in the Meadowbrook Fall Festival. vii. Ms. Langsdorf requested that staff post the education articles written by Judy Arginteanu on the BCWMC Web site. viii. Ms. Langsdorf announced that the Education Committee is investigating alternative Web site hosts for the Commission's Web site. D. Counsel: No communications. E. Engineer: i. Ms. Chandler reported that Barr sent the memo included in the meeting packet to the Association of Medicine Lake Area Citizens regarding Medicine Lake water levels and the outlet structure. 9. Adjournment Ms. Black moved to adjourn the meeting. Ms. Loomis seconded the motion. The motion carried unanimously. The meeting adjourned at 2:20 p.m. Michael Welch, Chair Date Amy Herbert, Recorder Date Pauline Langsdorf, Secretary Date 7 #249441 vI BCWMC November 18, 2009 Meeting Minutes alley M 0 Park and Recreation 763-512-2342 I 763-512-2344 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19,2010 Agenda Item 3. E. 1. Bids - Golf Carts Prepared By Rick Jacobson, Director of Parks and Recreation Greg Spencer, Golf Course Superintendent Summary The 2010-2014 Capital Improvement Program GC-009 (page 67) includes $165,000 for the purchase of sixty golf carts for Brookview Golf Course. Sealed bids were received and opened on Tuesday, January 12. Financing options will be presented at the February 3, 2010 City Council Meeting. The following is a summary of the bids received: Yamaha Golf & Utility Inc. Cost 60 carts Trade Allowance Net Price $ 233,700 $ (98,700) $ 135,000 $ 224,340 $ (73,450) $ 150,890 Versatile Vehicle Inc. Cost 60 carts Trade Allowance Net Price Recommended Action Motion to approve the purchase of sixty golf carts and trade in Brookview's current fleet of fifty golf carts, from the lowest responsible bidder, Yamaha Golf & Utility Inc. for a net price of $135,000. alley Memorand m City Administration/Council 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. E. 2. Quotes - City Newsletter Printing/Mail Handling Prepared By Cheryl Weiler, Communications Coordinator Summary Because of its solid editorial focus and publishing strategy, CityNews has long been one of Golden Valley's strongest communications tools. The successful editorial strategy focuses on educating citizens about City services and includes educational pieces about service-related topics (eg, environmental, personal safety, citizen involvement, etc) that enhance quality of life for individuals and the community as a whole. This user-friendly package enhances the City image and increases community awareness. The budget for 2010 is $26,000, which includes printing plus $4,584 for mail handling costs (but not postage). CityNews is mailed bulk rate to around 11,500 homes and businesses. All writing, editing, design, and prepress production is done in-house. An electronic file is provided to the printer for output and printing. Ten printers submitted quotes in response to the newsletter's current specifications aimed at providing the City with the highest quality at lowest cost. Printer The John Roberts Company Leffler Printing Express Press Brooklyn Printing Church Offset Printing Nystrom Publishing Universal Printing MLB Printing The John Roberts Company Express Press Custom Business Forms Universal Printing The John Roberts Company Presswrite Printing & Design Quote (6 Issues) $19,320 (did not bid specified paper stock) $19,788 $19,894.80 (did not bid specified paper stock) $21,750 $22,134 $22,147.92 $22,200 (did not bid specified paper stock) $22,350 (did not bid specified paper stock) $22,380 $22,852.50 $23,640 $24,318 $24,708 $27,000 Recommended Action Motion to authorize the printing and mail handling for six issues of the City newsletter from January 2010 through January 2011 to the lowest responsible bidder, Leffler Printing for $19,788. alley M morand m Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. F. Authorization to Sign Consulting Agreement Amendment Three with Center for Energy and Environment Consulting for Housing Rehabilitation Program Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Center for Energy and Environment (CEE) has provided assistance since 2007 to Golden Valley homeowners interested in home improvement. In 2009, this service was made available to homeowners participating in the newly developed Neighbors Helping Neighbors Program. During 2007, CEE provided twenty-nine (29) on-site building analyses, in 2008 provided thirty-four (34), and in 2009 provided seventy-seven (77). During the on-site analyses, CEE remodeling advisors meet with homeowners at their home for 1-2 hours, inspecting the home, offering advice regarding remodeling or maintenance projects, reviewing contractor estimates and answering questions the homeowners may have regarding their home and projects. CEE additionally offers home improvement financing to homeowners in Golden Valley. The 2010 agreement remains as written in the original agreement except for extension of the effective date through December 31, 2010. The 2010 budget includes $7,500 for this program. Attachment Amendment Three to the Consulting Agreement (1 page) Recommended Action Motion to authorize the Mayor and City Manager to sign Amendment Three to the Consulting Agreement with the Center for Energy and Environment. AMENDMENT THREE to the CONSULTING AGREEMENT Between CENTER FOR ENERGY AND ENVIRONMENT And CITY OF GOLDEN VALLEY (Golden Valley Rehabilitation Program) The Agreement, made the 16th day of January, 2007, by and between the CITY OF GOLDEN V ALLEY, with offices at 7800 Golden Valley Road, Golden Valley, MN 55427 ("City"), and the CENTER FOR ENERGY AND ENVIRONMENT, a 501 (c)(3) non-profit corporation, with its offices at 212 3rd Avenue North, Suite 560, Minneapolis, Minnesota 55401 ("CEE") is hereby amended. Section 4. Term and Termination of the agreement shall read: 4.1 Unless earlier terminated as provided in the following paragraphs, this Agreement shall become effective on January 1, 2007 and continue through December 31, 2010. All other sections of the contract shall remain as written in the original agreement. IN WITNESS WHEREOF, the parties hereunder set their hands as of the date written below: CITY OF GOLDEN VALLEY Mayor By Date iDEe 2 B - Date By TAX ID 41-1647799 City Manager Date T:\Admln\Contracts\ACTlVE\CEE Financial Resources\Golden Valley\Golden Valley CBA Amend 3 CEE 1169.doc 12/28/2009 olderiValley M 0 nd Finance 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. G. Support for Administrative Fee Increase for Deputy Registrars Prepared By Sue Virnig, Finance Director Steve Dahlberg, Deputy Registrar Supervisor Summary Minnesota Deputy Registrars Association (MORA) is asking for support from the 173 license bureaus throughout the state to raise the fee on each transaction by $1.50. This fee has not been increased since 2001. Over the years, the State has captured 30% of our tab renewal due to internet transactions and direct mail options. Those options have left Golden Valley with a limited market. Attachments Resolution Supporting a Fee Increase for Deputy Registrars (1 page) Recommended Action Motion.to adopt Resolution Supporting a Fee Increase for Deputy Registrars. Resolution 10-8 January 19, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS WHEREAS, the State of Minnesota established a public/private deputy registrar system to provide citizens convenient locations to conduct title registration services for motor vehicles and DNR recreational vehicles; and, WHEREAS, the State of Minnesota in 1949 established a user service fee on motor vehicle transactions to be retained by the deputy registrar to defray the cost of providing the local service; and, WHEREAS, the State of Minnesota has shifted increased costs and responsibilities onto the deputy registrar such as regular replacement schedules of computers and associated electronic equipment, printing of previously supplied state forms, and expanded auditing tasks with additional risks and potential liability that was previously the responsibility of the State; and, WHEREAS, the State of Minnesota now competes with deputy registrar offices for the retention of some user fees that were traditionally retained primarily by deputy registrars; and, WHEREAS, collectively the deputy registrar system handles over one billion dollars of state funds for the State of Minnesota annually on a cash basis only with considerable risk whereby dishonored checks are the responsibility of the deputy registrar in the full amount rendered after remitting the bulk of those funds to the State; and, WHEREAS, the deputy registrar administrative fee is a user service fee that should fully support the cost for providing motor vehicle transactions; and, NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley agrees with the Minnesota Deputy Registrars Association in supporting the State Legislature to authorize the acceptance of more secure alternative payments at deputy registrar offices; and to achieve a greater retention of existing fees or a user service fee increase in the year 2010 to maintain local title and registration service to the citizens of Minnesota. 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. Da alley Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. H. Authorize Participation in the Energy Efficiency and Conservation Block Grant Application Process Prepared By Jeannine Clancy, Director of Public Works Mitchell Hoeft, Engineer Summary American Reinvestment and Recovery Act of 2009 grant money has been made available through the Minnesota Department of Commerce Office of Energy Security for updating municipalities with energy efficient fixtures. The maximum amount of funding that the City can receive with this grant is $100,000. It is a competitive grant process that focuses on energy savings, job retention, and reducing emissions. The grant application is due January 25, 2010. Current projects that the City would like to request funding include installation of energy efficient lighting systems in the Golf Maintenance, Vehicle Maintenance, and Park Maintenance Buildings. The City will also request funding for a new radiant heating system in the Golf Maintenance Building. The City will also add the conversion of incandescent to LED signal lighting changes to the City traffic signals up to the $100,000 grant limit in its application. Attachments Resolution Authorizing Participation in the Energy Efficiency and Conservation Block Grant Process (1 page) Office of Energy Security Request for Proposal (1 page) Recommended Action Motion to adopt Resolution Authorizing Participation in the Energy Efficiency and Conservation Block Grant Process. Resolution 10-9 January 19, 2010 Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROCESS WHEREAS, the City of Golden Valley will submit an application to the Minnesota Department of Commerce Office of Energy Security for the installation of energy efficient fixtures throughout City owned facilities; and WHEREAS, the City Council authorizes the Director of Public Works or her designee to submit the application on behalf of the City of Golden Valley; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the City supports the development of energy efficient changes within the City of Golden Valley, for which a grant application will be submitted to the Minnesota Department of Commerce Office of Energy Security on January 25,2010, by the City of Golden Valley. 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. Minnesota Energy Page 1 ofl Energy Efficiency and Conservation Block Grant The Minnesota Department of Commerce Office of Energy Security (OES) requests proposals from Minnesota local units of government, who are eligible as determined by U.S. Department of Energy (DOE) eligibility guidelines, for the Energy Efficiency and Conservation Block Grant Program (EECBG) as part of the American Reinvestment and Recovery Act of 2009 (ARRA). The purpose of these competitive grants is to provide funding to reduce energy use, create or retain jobs, and to reduce emissions of greenhouse gases (GHG). Eligible activities are defined in the Request for Proposals (RFP). The RFP will be available for download here through January 25, 2010. Requests for hard copies must be received by the Office of Energy Security no later than 12:00 p.m. Central Standard Time (CST), on January 25,2010. Proposals must be received no later than 4:00 p.m. CST, January 25,2010. Late proposals will not be considered. Instructions for submitting proposals are detailed in the RFP. An amended version of this RFP was made available on January 8, 2010. Questions and Responses related to the EECBGRFP. http://www.state.mn.us/porta1/mn/jsp/common/content/include/contentitem.jsp?contentid=...1/12/20 1 0 Valley Public Works 763-593-8030 I 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19,2010 Agenda Item 3. I. Country Club Pond Excavation and Stream Bank Stabilization Professional Services Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Summary In 2009, a storm water pond adjacent to Bassett Creek was identified as having significant sediment deposition within the limits of the Golden Valley Country Club. The pond receives approximately one hundred and twenty (120) acres of storm water from a residential neighborhood on the north side of the golf course. As a requirement of the City's National Pollution Discharge Elimination System (NPDES) Phase II Permit, staff has developed a Capital Improvement Plan to dredge pond sediment accumulation to improve the water quality of Bassett Creek and other downstream water bodies. In addition to pond dredging, the Bassett Creek Watershed Management Commission (BCWMC) has determined that it is in the best interest of its member communities and the BCWMC to address bank stabilization concerns occurring along the Main Stem, Sweeney Branch, Plymouth Creek, and the North Branch of Bassett Creek. Erosion and sediment deposition contribute to diminished water quality. In order to qualify for funding, the member cities must have had completed a creek inspection program. Golden Valley was the first community of the BCWMC member cities to complete its creek inspection program. Through its creek inspection program, Public Works staff identified that erosion and downstream sedimentation has occurred along the main stem of the creek adjacent to the pond within the Golden Valley Country Club (see attached location map). The City is anticipating the BCWMC will approve the City's request at its January 21 meeting to utilize up to $100,000 of its allotted Streambank Stabilization Funds for this portion of the project. The final step of the project will include creating a buffer adjacent to the pond. The Golden Valley Country Club has agreed to complete this portion of the project this spring. Staff has negotiated an agreement with WSB and Associates for the engineering work needed to be done to complete the project. The total cost of WSB's agreement is $23,500. The City's Storm Sewer Capital Improvement Program has identified $100,000 in the 2010- 2014 CIP for this project on page 87, project SS-23. If Council authorizes the project, the following is the proposed schedule: Approve agreement with WSB Award contract Project substantial completion January 19, 2010 February 2010 April 2010 Attachments Location Map (1 page) Proposal from WSB and Associates, dated December 22,2009 (3 pages) Recommended Action Motion to authorize the City Manger sign the agreement with WSB and Associates, Inc. in the amount of $23,500. PROJECT LOCA TION MAP <( z <( - (f) ::::> o .....J c\,ue ~\~'< CO\) \J ~\,\,~'< \D~~ GO" P. PONDEXCAVA~ON & BANK STABIUZA~ON PROJECT LOCA~ON c\,ue ~\~'< COU \J ~\,\,~'< \D~~ GO" ey 2010 CAPITAL IMPROVEMENT PLAN PL YMOUTH & JERSEY NO SCALE (GOLDEN VALLEY COUNTRY CLUB JOINT PROJECT) ~ . WSB &~lDc. IDfnstracture. EDgIneerJDg. PIaJmIDg . CoDSb'llctlon 701 XenIa AY&\D1Ie South SuIte 300 MInneapoDs, MN 55416 December 22, 2009 Ms. Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Soope of Work Associated with Providing Engineering Services to Facilitate the Clean Out of a Pond within the Golden Valley Country Club. Dear Ms. Clancy: Outlined below, please find a work plan and cost estimate to facilitate completion of plans and specifications for the clean out of a pond within the Golden Valley Country Club. Tul 1: Obttlln BflCkgroruulInlormtltlon / CoIftJ1Iete Site Survey / Inspection / Sedbnent SflItlJlllng This task consists of completing a site survey to quantify the amount ofmateria1 to be removed and also to visually inspect the sediment within the basin for the purpose of detennining its composition and suitability for use as fill. As part of this task, we will be responsible for collecting sediment samples and will provide testing of the samples, gathering appropriate information to define how the work can be best undertaken, where the spoils can be disposed, estimate the impact the work will have on turf and vegetation within the area, and define how the area will be restored when the work is completed. Tu12: Prepare Prelimiluzry Construction Pltms tuttl SpecljlctdiollS / Review Concept Pltm with City Staff This task involves prepamtion of a basic construction plan and constmction requirements that will provide guidance to the contractors in understanding and bidding the project It is anticipated two or three bids will be received tbrough an informal bidding process. These plans and project approach will be reviewed with City S~ Golf Course Staft; and Regulatory Agencies (Bassett Creek Water Management Organization). Following this review, it is anticipated we will have a basic understanding of the project from the perspective of the various stakeholders (City, Golf Course, and Bassett Creek WMO), suitable changes will be made and the plans and construction requirements will be finalized. M1nneapoDs . St. Cloud Equal Opportunity Employer C:~\ApJlData\Looal\MlomsoftW/mlDwll\TCIIIJI01lIIY_~!l:IljIeof_.J222lI9(Z).dDc Ms.leannine Clancy December 22, 2009 Page 2 Tul3: Prepue au Submit ApplictltJon to Permittlng Agencies Regarding Project, MllIIIlge Dlspostd of Spoils The area impacted for this project is anticipated to be approximately 0.37 acres with an anticipated excavated volume of approximately 2,800 cubic yards. Unless new information is obtained during the completion of the first two tasks, it is anticipated a no- net loss determination will be issued by the City for work in a wetland. A formal permit from the Bassett Creek Water Management Organization will be required. At this time, MPCA regulations regarding spoil disposal does not require a permit for projects of this size; however the MPCA does require notification of dredging activities. A loint Water/Wet1and Application will also need to be prepared and submitted to the Army Corps of Engineers. We do not anticipate the need for a DNR permit for this project. We will be responsible for the submittal of all of the required materials to all of the regulatory agencies in an effort to obtain all necessary permits to complete this project. If additional actions or follow-up is needed in this area, it will be considering an extra to this scope of work. Tut 4: Provide follow-upon permits, hold meetings with stakeholt:lera to i4entlh IUIY outsttuullng IsBue6/concems. As part of this task, we will provide up to 24 hours of time to follow-up on permits that are submitted and meet with Bassett Creek, Army Cmp of Engineers, City of Golden Valley, and Golf Course Staff for the putpOse of coordinating various project elements, and responding to their comments and questions. Tat S: Develop Fl1ud Pltms IUId SpeciJietdiollB / Cost Bsdnuzte As part of this task final plans and specifications will be prepared that will be suitable for use in an informal bid process. Preliminmily, we anticipate the project will include removal of sediment from the pond, construction of a berm loutfall across the pond entrance to the channel, and the installation of rip rap toe protection and shaping of the stream bank in selected locations near the pond The procedures for measurement and payment will be defined as part of this task and an engineer's estimate of cost will also be provided. Tal6: MflIUl/le Bid Process / Assist in ProJectAwud This task includes seeking out and obtaining bids ftom qualified contractors for the project, evaluating the bids, and the contractor qualifications to do the work and making a recommendation to the City regarding award of the contract. It is anticipated no bid bond would be required; however, a performance and payment bond would be required of the contractor selected to do the work. Tut 7: Provide Construction Observation / MllIIIlgement This task includes providing up to 50 hours of constnwtion observation and management services to assure that the project is constructed in accordance with the specifications. It C:\1lsas\ahmdsl\AppDala\Loo:a1lMlaasllWiDdowsl'l'eIIIJllI1lIIY- FlI",\CGIIleat.CllltlllDk\SMIIIlY/mMllMO_ofwmlt.l22209(: Ms. Jeannine Clancy December 22, 2009 Page 2 will include on-site observation, quantity measurements, developing and assisting in processing pay requests, dealing with stake holders in the area, and coordinating the work with City staft SchetbdelCost We estimate that the above scope of work can be completed for a cost of $23,500 with actual costs billed hourly in accordance with our cutrent stmidard fee schedule. Furthermore, UDless permit considerations delay the project, we would anticipate tasks 1 tbru 6 could be substantially completed within 8 weeks from the date we receive notice to proceed, with a focus on substantially completing construction by April 1st, 2010. Thank you for the opportunity to be of service to you. If you are in agreement with the scope of services listed above, please sign below and return one copy to me. Please do not hesitate to contact me at 763-287-7188 with any questions or comments. Sincerely, WSB & Associtdes, Ine. Pete Willenbring, PE Vice President Attachment co Mr. AI Lundstrom, Environmental Coordinator, City of Golden Valley ACCEPTED BY: Oty of Golden Valley By: Title: Date: C"\1Jkuo~\AppDala\LcJo81\Mll:rosWiDdowB\T~_FiIfs\CoDlad.OatIook\5MIIIIY_of'lfOll<.122209(4 G:1} ?~ol lllley M m ran urn Fire Department 763-593-8079 I 763-593-8098 (fax) Executive Summary for Action Golden Valley City Council January 19, 2010 Agenda Item 3. J. Authorization to Sign Contract Renewal with Embedded Systems, Inc. for Tornado Siren Maintenance Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Embedded Systems, Inc. has provided, for the past several years, service and maintenance of the seven tornado sirens located within the City. The maintenance contract renewal fee for 2010 is $37.95 per siren, per month, for a total of $3,187. This expenditure is included in the 2010 budget, 1346.6382. The 2010 budget for maintenance and repair is $6,000. Attachment 2010 Contract Renewal (2 pages) Recommended Action Motion to authorize the City Manager to sign the 2010 contract renewal with Embedded Systems, Inc. for tornado siren maintenance for $3,187. r embedded c:S~2tem2, ilnc. Tel. (763) 757-3696 www.embedsys.com 11931 Hwy 65 NE, Minneapolis, MN 55434 Fax: (763) 754-0954 Jburgett@embedsys.com Contract Renewal October 15,2009 Golden Valley Civil Defense Roger Johnson 7800 Golden Valley Rd. Golden Valley, MN 55427 We are at the end of another tornado season. Embedded Systems, Inc. has provided our best service toward maintaining the tornado sirens for your city for the past several years. We would be very pleased to continue to provide Tornado Siren Maintenance for your city. The Monthly Siren Maintenance Fee for 2010 will be $37.95 per siren, per month. The decoder batteries for your city are scheduled to be replaced in 2011 for preventive maintenance. Battery replacement will occur once every 2 years for Hennepin and Ramsey County and once every three years for Anoka County for all units maintained by Embedded Systems under the original maintenance agreement, including those batteries which may have been replaced since the last scheduled replacement because of failure. We are asking that you please sign and return this contract renewal to us before November 16th, 2009 to enable us to continue to provide our best service through the end of2010. Feel free to fax the signed contract renewal to (763) 767-2817 or email ittoiburgett@embedsys.com. Thank you for your business and we look forward to servicing your needs through the next year. If you have any questions feel free to contact me directly. Thank you, Julie Burgett Embedded Systems, Inc. .._._-_..._.............-..___...___.y........_6N'<#'___..__-.___,......_.....,O>.4o..............~........"'~~~......_.___._..................-....__~.........,..y.---.........__..__~--...__.......-..-...- Contract terms accepted: Signature Date Phone Email For continuation of services through the end of the year 2010 ....- Tornado Sirens Master List Golden Valley 1 7800 Golden Valley Road 2 2601 Noble Ave. N 3 600 Zane Ave. N. 4 9100 Olympia St. 5 7100 Sandburg Rd. 6 Skyline Dr. 7 3901 Glenwood Ave. ~ . Updated 101812009 ~bi alley m n um City Administration/Council 763-593-8096/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. K. Authorization to Sign Patrol Officer (LELS Local 27) Agreement Prepared By: Paula A. Graff, Human Resources Coordinator Summary A one year agreement with LELS Local 27, the Patrol Officer unit of LELS, has been reached. The contract calls for no increase in wages for 2010 but provides clarification on how longevity is applied. The contract also makes changes to disciplinary procedures and amends the funeral leave policy so that the list of those people considered immediate family members is identical to non-union City employees. The agreement also provides for an increase in the monthly insurance contribution and a greater incentive for wellness participation, from $10 per month to $20 per month. The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement - LELS Police Officer 2010 (20 pages, underscored/overstrike version, loose in agenda packet) Recommended Action Motion to authorize the Mayor and City Manager sign the 2010 Patrol Officer agreement. LABOR AGREEMENT LELS POLICE OFFICER For 20092010 This Agreement dated February 3, 2009Januarv 19. 2010 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the "Employer" and Local #27 of Law Enforcement Labor Services, Inc., 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: UNION: EMPLOYEE: City of Golden Valley or its representative Local #27 of Law Enforcement Labor Services, Inc. A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union MEMBER: A member of LELS Local #27 in the bargaining unit 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 as a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179A.03, Subdivision 14, for all employees of the Golden Valley Public Safety Department bargaining unit as identified by the Bureau of Mediation Services, Certification of Exclusive Representative dated August 24, 1978, case #77-PR-866-A. - 1 - 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 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 Bargaining 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 by which 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 their 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 -4- 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 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 their claim with the Employee's immediate supervisor. This should be done within twenty-one (21) 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 fourteen (14) 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 LELS 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 LELS 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 LELS. 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 LELS. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. If the dispute is not solved by the Step 3 process, the written grievance with the information required in Step 3, shall be - 5- presented to the Employer-designated Step 4 Representative. This shall be submitted within ten (10) days from receipt of the Step 4 grievance and the answer shall be transmitted to the Employee and LELS. Step 5. A grievance unresolved in Step 4 may be appealed by the Employee and LELS to Step 5. Notification of intent to appeal to Step 5 shall be made within ten (10) days of receipt of Employer's Step 4 answer. A Step 5 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 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. -6- Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 4, the grievance remains unresolved, the grievance may be appealed either to Step 5 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 5 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 5 of Article 8. ARTICLE 9. Safety. It shall be the policy of the employer that the safety of employees, the protection of work areas, the adequate training in necessary safety practices and the prevention of accidents are a continuing and integral part of its every day responsibility. It shall also be the responsibility of all employees to cooperate in programs to promote safety to themselves and the public and to comply with rules promulgated to ensure safety. This employee responsibility shall include the proper use of vehicles, equipment and all safety devices in accordance with recognized safety procedures. It shall be the responsibility of the employer to maintain all employer-owned equipment in a safe and workable order, repairing or replacing as needed. ARTICLE 10. Working Out of Classification. A Patrol Officer assigned as Officer in Charge will receive. 75 hour of straight time payor .75 hour accrued time for each four (4) hour period so worked. A Detective assigned as Officer in Charge for a period of four (4) or more consecutive hours will receive. 75 hour of straight time payor. 75 hour accrued time for each four (4) hour period so worked. ARTICLE 11. Seniority. Section 1. Definition. Seniority shall mean an Employee's length of service with the Department since their 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 pay. For the purposes of this Agreement, time off due to disciplinary action will not be counted as Leave of Absence Without Pay. The Union shall prepare a seniority list to be submitted to the Employer for approval and posting. 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. 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 - 7 - shall be hired until the lay-off 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 their previous position at the sole discretion of the Employer. The probationary period shall be one (1) year for promoted Employees and one (1) year for new Employees from date of hire or completion of basic recruit school if completed while on City payroll. ARTICLE 12. 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. Written reprimands will be purged from the Employee's personnel file and be of no effect 18 months after the date on which Employee acknowledged the reprimand. Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garritv Warning is given prior to being questioned regarding a possible disciplinary action, or when the emplovee feels a non-Garrity discussion with a supervisor may lead to discipline. In the case of a non-Garrity discussion, U-if a representative is not presont -8- reauested but cannot appear within two (2) hours, questioning may proceed. B. If an im'estigation is not oommenoed during the shift when the oomplaint was received, the Employee shall still have an opportunity to request 3 representati'/e. However, for these incidents, if a representati'..'O is not present \f.'ithin sixteen (16) hours, questioning may prooeed. 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 4 of the grievance procedure. ARTICLE 13. 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 and vacations. 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. All regularly scheduled hours worked over 2,080 in a 52 weeks calendar year (except as provided in Article 24) shall be compensated as overtime pursuant to Article 17. 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 14. Court Time. Section 1. An Employee who is scheduled to appear in court during their 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 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 -9- prior to the scheduled appearance, no court time shall be authorized. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. ARTICLE 15. Call Back. An employee called back to work outside of their regularly scheduled shift shall be paid for a minimum of three (3) hours at time and one-half of their regular base rate of pay. However, nothing in this Section shall be construed to prevent a supervisor from requiring an Employee to report early to their shift which shall be compensated at straight time provided that the total hours worked on the early report do not exceed that which is scheduled normally. Call back starts from receipt of order to return. ARTICLE 16. 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 17. Overtime. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. The Employer has the right to require reasonable assignments of overtime work and such assignments shall be performed by the Employee except as otherwise provided in this Agreement. Employees 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 overtime hours in payor time off (referred hereto as accrued time); shall receive one and one-half (1 1/2) hours off for each overtime hour worked. Accrued time shall be taken in the same manner as vacation time. Employees shall be allowed up to a maximum of sixty (60) hours of accrued time. Voluntary overtime may be taken off as accrued time only with Employer approval. ARTICLE 18. Sick Leave. Each permanent full-time Employee shall be granted eight (B) 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 (BOO) hours. For every day of sick leave an Employee earns after accumulating eight hundred hours, they -10 - will be given credit for four (4) hours additional vacation and four (4) hours of pay. Sick leave may not be used during the first six (6) months of employment, but will be credited for use following the first six (6) months of employment. Sick leave shall not be considered as a privilege which an Employee may use at their 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 their 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 they have been absent as authorized above, or if more than two days, that they have 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 their absence or a major part thereof, they may be required to provide evidence that they are again physically able to perform their duties. Sick leave shall be computed on a working day basis when used. Sick leave is intended as a benefit primarily to the Employee themselves 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. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. Employees hired under the PTO plan are subject to the provisions under Article 24. ARTICLE 19. Termination Pay. 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 ma(!te 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 which 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 20. 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. - 11 - Section 2. Military Reserve. Employees serving in the military reserve shall suffer no loss in their normal salary to the extent provided by Minnesota 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. After employees have worked for the City for one year, they are eligible for up to 12 weeks leave for the birth or adoption of a child or placement of a foster child. To care for a newborn or adopted child, employees must first use available sick leave, vacation leave, or accrued time at the employee's option. If you wish to take a 12-week leave but have fewer than 12 weeks of paid leave available, you may take the remainder of the leave unpaid. All paid accrued leave must be used before employees are eligible for unpaid leave. Leave to care for a newborn, adopted, or recently placed foster child must be taken in consecutive weeks and must be taken within 12 months of the child's birth or placement. 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 21. Funeral Leave Up to five (5) days leave with pay without deduction from sick leave and/or PTO shall be granted to death of spouse or child. Up to three (3) days sick leave and or PTO where applicable shall be granted for death in the immediate family ill person residinQ as a member of the emplovee's immediate household and up to one day in the case of death in the next degree of kindred. Immediate family includes spouse, children, mother, father, brother, sister, grandmother, grandfather of both the employee and the employee's spouse. Immediate familv includes anv person havinQ the followinQ relationship to an emplovee or a IivinQ or deceased spouse: · parent · mother-in-Iaw/father-in-Iaw · sister/brother · sister-in-Iaw/brother-in-Iaw · son-in-law/dauQhter-in-law · Qrandparents - 12- · arandparents-in-Iaw · arandchildren · stepparents and/or leaal auardians. ARTICLE 22. 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 5 years until completion of 10 years 11 years 12 years 13 years 14 years 15 years 16 years 17 years 18 years 19 years 20 years and above 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 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. Vacation periods shall be selected on a seniority basis within the bargaining unit. Prior to June 1 vacations will be selected on a seniority basis. After June 1, vacation periods shall be selected as available without seniority privilege. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. 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 off 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 PTO plan are subject to the provisions under Article 24. ARTICLE 23. Holidays. - 13- Work schedules for Employees are made up without regard for weekends and holidays. In view of this fact, each Employee is granted 12 additional days 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. 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 24. Paid Time Off (PTO) Employees hired after January 1, 2009 shall participate in the City's Paid-time off plan. Paid-time off is based upon service in the prior years and shall be earned as follows: Holiday PTO+Holiday #of8 PTO hours hours Total hours Maximum hour per pay accrued per accrued per Accrual In Years days period pay period pay period hours 0-5 17 5.23 3.69 8.92 348 over 5 22 6.77 3.69 10.46 408 ovelf'11 23 7.08 3.69 10.77 420 ovelf'12 24 7.38 3.69 11.07 432 ovelf'13 25 7.69 3.69 11.38 444 ovelf'14 26 8.00 3.69 11.69 456 over 15 27 8.31 3.69 12.00 468 over 16 28 8.62 3.69 12.31 480 over 17 29 8.92 3.69 12.61 492 over 18 30 9.23 3.69 12.92 504 over 19 31 9.54 3.69 13.23 516 over 20 32 9.85 3.69 13.54 528 No paid time off shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six month period, annual PTO accrued during the initial six month period will be granted. Section 2. Paid time off shall be selected on a seniority basis within the bargaining unit. Prior to June 1 paid time off will be selected on a seniority basis in accordance with Section 22.2. After June 1, paid-time off periods shall be selected as available without seniority privilege. Arrangements for taking PTO must be arranged in advance with the supervisor in charge of the work schedule. - 14- PTO 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 PTO in order to ensure the orderly operation of the City. Paid time off shall be used in quarter hour increments. Section 3. Employees shall be permitted to accrue to the maximum hours as designated above, equivalent to 1.5X their current annual PTO accumulation plus holidays. Section 4. Employees may request additional time off 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. ARTICLE 25. 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 26. Training and Department Meetings. The City will pay for ongoing Post Board licensing required of each officer. Training and meetings beyond 2080 hours in the work year will be compensated at time and one-half consistent with Article 17 of this Agreement. Travel time will be paid in accordance with FLSA definitions of compensable time. ARTICLE 27. Field Training Officer Compensation. Employees working as Field Training Officers shall receive .66 hour of straight time payor .66 hour accrued time for each 4 hour period so worked. ARTICLE 28. Qualifications for Continuing Employment. Any Employee deprived of their state license to act as a police officer shall be suspended without pay during that period. ARTICLE 29. 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 persons, property, or -15 - 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 their official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees. ARTICLE 30. 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 attain a grade of "C" or better and is so certified to the City. 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 a rate of 50%, with an annual cap of $500. ARTICLE 31. Part Time Work. The Employer shall contract with all businesses or individuals required to employ the services of police officers. The officers shall be compensated for such services in the amount prescribed by other sections of this Agreement. Overtime resulting from such contracts shall be distributed as equally as practicable in a voluntary manner. ARTICLE 32. Administrative Leave/Light Duty The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Police Officers 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 Police Officer is referred to a psychologist or other qualified mental health professional by the Police 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 officer 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 -16 - leavellight duty is reasonably related to an incident occurring in the course and scope of the Officer's employment with the City. 4. The Police 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 leave/light 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 33. Salaries and Benefits. Section 1. Salary - Patrol Officer: START 6 MO. 9 MO. 1 YEAR 2 YEAR 01 01 091Q.$3609.62 $3850.64 $4013.38 $4413.02 $4948.62 3 YEAR $5482.16 The City reserves the right to start Employees at levels beyond the starting salary and to advance Employees through the steps faster than indicated. Section 2. Incentives. Employees are to choose between educational incentive and longevity track each January 1. provided that Employeos ourrontly reooiving both maximum longovity and oduo3tional inoontive shall bo grandfatherod into tho maximum longovity stop.Emplovees shall receive the greater of the two following incentives. but not both simultaneouslv: Longevity. Over 3.99 years of continuous emplovment. each EMPLOYEE shall be paid supplementary pay of three percent (3%) of the base rate. Over 7.99 years of continuous emplovment each EMPLOYEE shall be paid supplementary pay of five percent (5%) of the base rate. Over 11.99 years of continuous emplovment each EMPLOYEE shall be paid supplementary pay of seven percent (7%) of the base rate. Over 15.99 years of continuous emplovment each EMPLOYEE shall be paid supplementary pay of nine (9%) of the base rate. -1 yoars 3% -17- 8 yoars 5% 12 yoars 7% 16 yoars 9% . Educational Incentive. $1.00 per credit in blocks of 10 credits to a maximum of $200.00. For the educational incentive pay, credits must be approved by the City, but previously approved credits will count, and an AA law enforcement degree will count the full 90 credits, a SA will count the full 180 credits, etc. Section 3. Insurance. City will provide a flat contribution of $9Q4-1 023 per month for insurance for 2QQ92010 which is inclusive of $10 per month for successful 2009 participants in the Emplover-sponsored wellness initiative. For 2011 the City insurance contribution shall include $20 per month for those who successfullv participate in the wellness initiative in 2010. The amount of increase will be equal to 50% of the largest increase in the "Family" premium. Thoso employoos v:ho successfully participato in tho Employer sponsored 'A'ellness initiativo in 2009 shall recoivo the full insuranco contribution in 2010. Unsuccossful or non participating omployoos shall recoivo $10 por month loss in 2010. Insurance must be purchased from a City approved vendor and be a City authorized plan. The City shall contribute towards insurance through the end of the month in which termination occurs. The City will provide Long Term Disability Insurance for the bargaining unit. Section 4. Uniform Allowance. City will provide all necessary uniforms and equipment. Employees in any of the enumerated non-uniform special assignments shall receive $593.24 $600.95 for clothing in 2QQ9201 O. That rate will be adjusted each year hereafter by the October to October Consumer Price Index/Apparel Index. Employees who are assigned to plain clothes assignments (see Article 30, Section 5) for 16 hours or more in a payroll period shall receive $5 for each 8 hours in that assignment or $3 for increments of 4 hours or multiples thereof. In addition, officers assigned for more than 45 days to plain clothes shall receive $243.17246.43 supplemental clothing allowance. The numbers reflected in the clothing allowance are based on the CPI-U Midwest Region. The City will agree to repair or replace where necessary, leather holsters worn in the line of duty for the City. Replacement and repair of individual weapons will be reviewed and decided by the City Manager on a case by case basis. Section 5. Promotions. Officers who are promoted to the following classifications shall receive an amount equal to 5% of top patrol base pay as additional compensation: Detective, and other classifications that are mutually agreed upon. After 12 consecutive months in one of these classifications, the officer shall be considered to have completed their probationary period in that classification. - 18- Section 6. Special Assignments. The Police Chief may appoint patrol officers into special assignments in the Investigation Division for the purposes of career development, for a period not to exceed eighteen (18) months. Officers so assigned shall receive five percent (5%) additional compensation and shall be considered to be in a probationary period throughout the assignment period. Section 7. Other Assignments. The Police Chief may assign patrol officers to other types of special assignments as they arise. The duration and specific details of the assignment will be determined by mutual agreement of the officer receiving the assignment, the Union and the City. ARTICLE 34. Duration. The term of this Agreement shall be from January 1, 2009-2010 to December 31, 20092010. LAW ENFORCEMENT LABOR SERVICES CITY OF GOLDEN VALLEY Representing Negotiating Committee Linda R. Loomis, Mayor Representing Negotiating Committee Thomas D. Burt, City Manager For Law Enforcement Labor Services, Inc. - 19- MEMORANDUM OF UNDERSTANDING Shift Bidding The parties, law Enforcement labor Services, Inc. and the City of Golden Valley agree that shift selection will: 1. be based on seniority 2. be bid quarterly The parties agree the above will be the basis for shift selection. The City and the Union will meet and confer over any proposed changes. City Date Union Date MEMORANDUM OF UNDERSTANDING Shift Biddina "The parties aaree that the Patrol work schedule structure previously understood to likely be in place for only 2010 and 2011 shall only be in place for 2010 and 2011 unless otherwise aareed to by both parties. The 2010/2011 work schedule structure is inclusive of biddable shift spots defined by years of police experience and also inclusive of two shifts with work hours normally defined as 1500-0300 hours. Nothina in this Memorandum of Understandina overrides the Employer's manaaement riahts to set work schedules as defined in Article 3 Section 1 of the lElS labor contract beyond Iimitina the Patrol work schedule structure for 2010 and 2011 as described above." City Date Union Date - 20- alley Mem ran urn City Administration/Council 763-593-3990/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 3. L. Council Liaisons and Other Assignments Prepared By Linda R. Loomis, Mayor Summary Each year the Council assigns Council Members to serve as representatives on various Committees and Subcommittees. These appointments are for a one year term. Council Liaisons Board of Zoning Appeals Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Shaffer, Pentel Freiberg Pentel, Loomis Scanlon, Freiberg Scanlon, Freiberg Scanlon, Shaffer Freiberg, Shaffer Other AssiQnments Bottineau Transitway Policy Advisory Committee Golden Valley Historical Society Board Member Hopkins School District 270 Cities Joint Monthly Meetings 1-394 Joint Task Force Joint Water Planning and Governance Task Force Legislative Liaison and Spokesperson Metro Cities Northwest Hennepin Human Services Council Executive Board Northwest Metro Transit Study Task Force Northwest Suburbs Cable Communications Commission Northwest YMCA Board of Directors Robbinsdale School District 281 Government Advisory Committee Pentel Freiberg Loomis Pentel, Loomis Loomis, Shaffer Loomis Shaffer, Delegate Loomis, Alternate Pentel Scanlon Shaffer Scanlon Scanlon Recommended Action Motion to make the appointments as listed above. Public ~U~Y Men10randu Police Department 763-593-8079 I 763-593-8098 (fax) Executive Summary For Action Golden Valley City Council Meeting January 19, 2010 Agenda Item 6. A. Authorization to Sign Request and Termination Letters for Dispatch Services Prepared By Stacy Altonen, Chief of Police Summary Golden Valley has contracted for Police and Fire dispatch service with the City of St. Louis Park since 2005. During that time, the annual cost for this service has increased from about $171,000 to a high of $337,000. In 2008, the City Council directed Staff to explore other options for dispatch services. The Hennepin County Sheriffs Office provides free dispatch services to a number of other suburbs, and in December 2008, a request was sent to Sheriff Richard Stanek to discuss transferring our dispatch services to the Sheriffs Office at the end of our initial contract term with St. Louis Park. Sheriff Stanek has indicated current staffing levels at the Golden Valley Sheriffs Office communications facility could absorb our annual calls for service with no increase in personnel necessary. Since a Hennepin County Board Resolution from 2004 is currently in place and prohibits any cities from receiving Sheriffs Office dispatch services if not in place prior to 2005, City staff met with Hennepin County Administrator Richard Johnson and County Commissioner Mark Stenglein to discuss rescinding the County Board resolution and agreeing to provide dispatch services to Golden Valley effective January 1, 2011. Our request will be brought before all County Commissioners during the first quarter of this year, and we anticipate approval (with or without an annual fee for service) around the end of the first quarter of 2010. Since the term of our contract with St. Louis Park requires a 12-month termination notification, a verbal notification was given to the St. Louis Park City Manager and Police Chief on December 21, 2009. To formalize both the request to the County Commissioners for dispatch services and the termination notice to St. Louis Park, Council is requested to approve sending a letter to both entities indicating the respective actions. Attachments Letter to Hennepin County Board of Commissioners (1 page) Letter to St. Louis Park City Manager (1 page) Recommended Action Motion to authorize the Mayor and/or City Manager to sign the request for dispatch services letter to the Hennepin County Commissioners and the dispatch services termination letter to the City of St. Louis Park. January 20, 2010 Hennepin County Board of Commissioners A2400 Government Center 300 South 6th Street Minneapolis, Minnesota 55487-0241 Dear County Commissioners: This letter is an official request from the City of Golden Valley to use the dispatch services of the Hennepin County Sheriffs Office beginning January 1, 2011. You may already be aware that we have been in conversation with Sheriff Stanek, Commissioner Stenglein and County Administrator Richard Johnson to discuss this request. Sheriff Stanek has indicated current dispatch staffing levels would be able to absorb our calls for service without any i crease in personnel or equipment. Mr. Johnson told us that he woul bring this issue to the Board of Commissioners for a decision du ing the first quarter of this year, and we understand it is on the agend for an upcoming meeting. We are currently under contract with the ity of St. Louis Park for dispatch services, but we have notified them of our intent to terminate that contract upon approval from Hennepin County and transfer to the Sheriffs Office dispatch service in Golden Valley. As your discussions about this request occur, I will certainly avail Golden Valley staff to assist with ~nswering any questions you may have. I appreciate your considera ion in this matter. Sincerely, Linda R. Loomis Mayor January 20, 2010 Tom Harmening, City Manager City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416-2216 Dear Tom: The purpose of this letter is to confirm our conversation of December 21, 2009 regarding our contract with your City for dispatch services. At the direction of our City Council, we would like to terminate our dispatch contract effective December 31, 2010. It is our intent to transition to dispatch services via the Hennepin County Sheriff's Office on January 1,2011. As this year progresses, we can discuss the logistics of how the switch-over will occur on the final day of the contract. While we have certainly enjoyed a positive partnership with St. Louis Park for many years, the changing economic picture has made financial decisions all the more critical to maintaining cost-effective government services. Please extend our appreciation to your dispatch staff for many years of good service. Sincerely, Thomas D. Burt City Manager