10-19-10 CC Agenda PacketAGENDA
Regular Meeting
of the
City Council
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
October 19, 2010
6:30 pm
The Council may consider item numbers 1, 2, 3, 5 and 6
prior to the public hearings scheduled at 7 pm
1. CALL TO ORDER
A. Roll Call
2. ADDITIONS AND CORRECTIONS TO AGENDA
3. CONSENT AGENDA
Approval of Consent Agenda -All items listed under this heading are considered to be
routine by the City Council and will be enacted by one motion. There will be no
discussion of these items unless a Council Member or citizen so requests in which
event the item will be removed from the general order of business and considered in its
normal sequence on the agenda.
A. Approval of Minutes -City Council Meeting -October 5, 2010
B. Approval of Check Register
C. Licenses:
1. Gambling Premises Permit Application -Crystal Lions 10-58
2. Solicitor's License -Minnesota Public Interest Research Group (MPIRG)
3. Solicitor's License -Custom Remodelers Inc.
4. Solicitor's License -Janet Havrish and Marie Mathay
5. Gambling License Exemption and Waiver of Notice Requirement -PRISM
People Responding in Social Ministry
D. Minutes of Boards and Commissions:
1. Planning Commission -August 9, 2010
2. Joint Water Commission -August 3, 2010
3. Human Services Foundation -August 9, 2010
E. Bids and Quotes
1. Extrication Equipment -Quotes
F. Approval of Fire Department Relief Association By-Laws and Policies
G. Waiver of Public Hearing and Certification of Special Assessments:
1. 2010 Pavement Management Program Driveways 10-59
2. 2010 Pavement Management Program Sanitary Sewer Repairs 10-60
H. Call for Public Hearing - 2011-2012 Pavement Management Program - 11/16/10
10-61
I. Authorization to Sign Minnesota Water Agency Response Network (MnWARN)
Mutual Aid Agreement
J. Authorization to Sign Agreement with Hennepin County and MnDOT for Maintenance
of Traffic Signals - TH 100 and Glenwood Avenue
K. Authorization to Sign Grant Contract with State of Minnesota for Highway
Enforcement of Aggressive Traffic (HEAT)
4. PUBLIC HEARINGS 7 PM
OLD BUSINESS
6. NEW BUSINESS
A. Announcements of Meetings
B. Mayor and Council Communications
ADJOURNMENT
CiCy '°r ~°" ~ ~
Finance
o~ n a e 763-593-8013 1763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of check register for various vendor claims against the City.
Attachments
Loose in agenda packet.
Recommended Action
Motion to authorize the payment of the bills as submitted.
City
ot`
o en a e
Public Safety
R®
Police Department
763-593-8079 / 763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. C. 1. Gambling Premises Permit Application -Crystal Lions
Prepared By
Stacy A Altonen, Chief of Police
Jeff Johnson, Sergeant
Summary
The Crystal Lions have submitted an application for a Minnesota Lawful Gambling Premises
Permit. The Crystal Lions will be operating the pull-tab booth and bar bingo at Schuller's
Tavern located at 7345 Country Club Drive. Documents received from the applicant show
that the Minnesota Gambling Control Board currently licenses the organization and its
gambling manager, Edgar Thonander for lawful gambling in the City of Crystal and previously
in Robbinsdale.
An investigation was conducted by the Police Department reference this permit application.
This investigation included checks with the City of Golden Valley Finance Department, the
Gambling Enforcement Division of the Minnesota Department of Public Safety, and the
Minnesota Gambling Control Board. No negative information was received as a result of the
investigation.
The applicant has met all statutory and City Code requirements for issuance of a lawful
gambling premises permit.
Attachments
Resolution Approving Issuance of a Premises Permit for the Conduct of Lawful Gambling -
Crystal Lions (1 page)
Recommended Action
Motion to adopt Resolution Approving Issuance of a Premises Permit for the Conduct of
Lawful Gambling -Crystal Lions.
Resolution 10-58 October 19, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION OF THE CITY OF GOLDEN VALLEY
APPROVING ISSUANCE OF A PREMISES PERMIT
FOR THE CONDUCT OF LAWFUL GAMBLING
(CRYSTAL LIONS)
WHEREAS, Minnesota Statutes Chapter 349 provide for the licensing of lawful
gambling by the State Gambling Control Board ("Board"); and
WHEREAS, a licensed organization may not conduct lawful gambling at any site
unless it has first obtained from the Board a premises permit for the site; and
WHEREAS, the Board may not issue or renew a premises permit unless the
organization submits a resolution from the City Council approving the premises permit; said
resolution shall have been adopted within 60 days of the date of the application was
received by the City;
NOW, THEREFORE, BE IT RESOLVED by the City of Golden Valley that the
applicant listed below does meet the criteria necessary to receive a premises permit and
the application is hereby approved:
(Name and Address of Organization)
Crystal Lions, PO Box 28106, Crystal, Minnesota 55428
(Name and Address of Site where Premises Permit Sought)
Schuller's Tavern, 7345 Country Club Drive, Golden Valley, Minnesota 55427
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.
Golden galley
City Administration/Council
763-593-8002 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. C. 2. Solicitor's License -Minnesota Public Interest Research Group (MPIRG)
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Minnesota Public Interest Research Group
(MPIRG).
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR LICENSE APPLICATION
.~ ov
TO: Golden Valley City Council Fee Paid: $ d
7800 Golden Valley Road Number of Persons:
Golden Valley, MN 55427 Type of License: Peddler o icitor
(circle one
a~
Enclose the sum of $ ~ for ~_ (number) peddlers/solicitors as required by
City Code of the City of Golden Valley and have complied with all the requirements of said
Code necessary for obtaining this license.
_Minn~eS~~o~ pub~~ L ~~~'~~~' (ZeSc~r~ ~~~ ~t~rFltz(T~
(Business or Individual Name or Organization to be Licensed)
23- `~3~°I~~Q~
(MN Business ID or FEIN (Federal ID) for Business Licenses)
Define Business
1V ~r~ _ P~ro~~"
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
t3t~ ~~~' ~i-. ~~ ~~-e.- 111
(Address)
~~n~ntc~- o~~S 'M~
City, State and Zip Code
(Telephone Number, including Area Codee) w ~
NOW, THEREFORE, ~ (~.~{~ Cpl `jtJiJ~'~ hereby makes application for
(Applicant Name)
period of ~ r ~ 1d through 6/30/, subject to the conditions and provisions of said
City Code.
'~
(Signature of ppl' ant/Prmcipal Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific):
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
~ ~' ~ ~-t~c~cdyl:.ec~ -
(If more space is needed, attach additional sheets)
STATE OF ~ ~,rll
COUNTY OF (~/U 1~ ss.
I, t~\C:I~Cl ~115~~ of ~ ~
( fficer/Individual) (Name of Organization)
being first duly sworn, depose and say that all the foregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
Signature Applicant/PrincipalOfficer)
Subscribed and sworn to before me this
day of ~~~~ , 20
~~
(Signature)
w~+wve~
JUDITH q, NALLY
• noru~r ra
'Golden Valley
City Administration/Council
763-593-8002 1763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. C. 3. Solicitor's License -Custom Remodelers Inc.
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Custom Remodelers Inc.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLERISOLICITOR LICENSE APPLICATION
C~~
TO: Golden Valley City Council Fee Paid: $ ~ -
7800 Golden Valley Road Number of Persons: ~_
Golden Valley, MN 55427 Type of License: Peddler Solici
(circle one)
Enclose the sum of $~ for ~ (number) peddlers/solicitors as required by
City Code of the City of Golden Valley and have complied with all the requirements of said
Code necessary for obtaining this license.
C ws-~o•~ ~e M,. d a leis _?n C
(Business or Individual Name or Organization to be Licensed)
~ 17N~ _
(MN Business ID or FEIN (Federal ID) for Business Licenses)
Define Business
C D~l1el`q-l~% D/l
(Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual)
~ Z ~ spa «o d ~.
(Address)
S~-o t
City, State and Zip Code)
(Telephone Number, including Area Code)
NOW, THEREFORE, (~i6e<, ~l. PePDih hereby makes application for
(Applicant Name)
period of ~~ ~ ~ through 6/30/x, subject to the conditions and provisions of said
City Code.
(Signaturd/of App~cHnt/Principal Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific): G1G~/va/' ~?¢~e.lG/~%t~-
ec~
NOTE: If the products for sale are changed or modified, you must give the City complete
information regarding such change or modification.
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a fist ofi
names and addresses of all persons engaged in peddling or soliciting in the City:
G~66 Pme;h ~4M~s Lands bye r' : ?f3K9 Main .r~•
(If more space is needed, attach additional sheets)
STATE OF X11 JI(I~d~
ss.
COUNTY OF ~~u~~N )
I, l~kS~s~ 1~MOdelel'S .~'nC • of ~ i6~ (~ . ~ ,•,,
(Officer/Individual) ( of Organiz tion)
being first duly sworn, depose and say that a e oregoing information is true to his/her
own knowledge except as to matters therein stated on information and belief, and as to
such matters, he/she believes them to be true.
Signa o Appl' a t/Principal Officer)
Subscribed and sw/or~n t~o~b/,ef~or~e me this
~day,of l,~'~J lJ~l , 201 ~
(Signature) 0
~wwNw~~na,~n,~
JUDITH A. h1Ni.LY
• ~~, PUBLIC-lrN1~N~p~jq
~ ' Yy Cam 6~,p~. st, 2otb
~! ~'c KorsM ~~
Golden Valley
~,:3'~,
City Administration/Council
763-593-8002 1763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. C. 4. Solicitor's License -Janet Havrish and Marie Mathay
Prepared By
Christine Columbus, Administrative Assistant
Summary
As per City Code, any individual or group intending to go door-to-door within the City selling
products, taking orders or soliciting for business or donations must be licensed by the City to
do so.
Attachments
Peddler/Solicitor License Application (2 pages)
Recommended Action
Motion to approve the solicitor's license for Janet Havrish and Marie Mathay.
Application and fee must be submitted to the City Manager's Office the Wednesday prior to
the City Council Meeting. Council Meetings are normally held the first and third Tuesday of
each month.
PEDDLER/SOLICITOR_LICENSE APPLICATION
TO: Golden Valley City Council Fee Paid: $ 3S
7800 Golden Valley Road Number of Persons:
Golden Valley, MN 55427 Type of License: Peddler Solicitor
(circle one)
Enclose the sum of $~~ - for __~__~ (number) peddlers/solicitors as required by
City Code of the City of Golden Valley and have complied with all the requirements of said
Code necessary for obtaining this license.
(Business or Individual Name or rganization to be
n .
(M
Define
D or FEIN (Federal ID) for Business licenses)
Partnership, Non-Profit, State of Incorporation or individual)
~s ~D~e ~s/d~~ .~~ ,s
(Address)
City, State and Zip
i ~ ~ ~ y.5 - ~~ ~ ~
(Telephone Number, including Area
NOW, THEREFORE, ~a,~.~'f ,~c~~rss~i hereby makes application for
(Applicant Name)
period of o o /o through 6/30%, subject to the conditions and provisions of said
City Code.
~,~
( ign ture of App nt/Pri pa Officer)
Description of goods or services for sale (include prices) or indicate if soliciting donations.
If more space is needed, attach additional sheets (be specific):
NOTE: If the`pfrodiac~s for "sale are changed or mod
information regarding such change or modification.
}you must give the City complete
List the names and addresses of EACH person who will be peddling or soliciting on behalf
of said organization in the City, or, in the alternative, the name, address and telephone
number or numbers where a responsible person of said organization will maintain a list of
names and addresses of all persons engaged in peddling or soliciting in the City:
(If more space is needed, attach additional sheets)
STATE OF ~ f ~ ~~~S~J i ~ )
~~.. ,a,au~~. ~< ) ss.
~ .' i
I, - ~ of ~ ~'1.
(Office /1 ividua (N me of Org ization)
being first duly swam, depose and say that a e foregoing information is true to his/her
own knowledge except as to matters therein sta on information and belief, and as to
such matters, he/she believes #hem to be true.
Signature of Applicant/Principal Officer)
~ ~
" JUDITH A. NALLY
~ivty Ptreuc-so~ra
~r Com~eaon Eq~ fin. st. 20t6
,~ ,~
Subscribed and sworn to before me this
Golden
galley
City Administration/Council
763-593-8006 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. C. 5. Gambling License Exemption and Waiver of Notice Requirement -PRISM People
Responding in Social Ministry
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 30-day waiting period.
Attachments
Application for Exempt Permit (2 pages)
Letter from PRISM People Responding in Social Ministry 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 PRISM People Responding in Social Ministry.
Minnesota Lawful Gambling
Page 1 of 2 7110
Application fee for each event
_G220 Application for Exem ~1t Permit If a lication ostmarked or received:
An exempt permit may be issued to a nonprofit organization that: less than 30 days
before the event more than 30 days
before the event
-conducts lawful gambling on five or fewer days, and $100 $50
-awards less than $50,000 in prizes during a calendar year.
ORGANIZATION INFORMATION Check# $
Organization name Previous gambling permit number
PRISM People Responding In Social Ministry X-05824-10-001
Type of nonprofit organization. Check one.
Fraternal ~ Religious ~ Veterans OX Other nonprofit organization
Mailing address City State Zip Code County
730 Florida Avenue South Golden Valley MN 55426 Hennepin
Name of chief executive officer (CEO) Daytime phone number Email address
Elizabeth Johnson 763-529-1350 ejohnson@prismmpls.org
Attach a copy ofQNE of the following for proof of nonprofit status. Check one.
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
^ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803
IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
IRS -Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
IRS -proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLfNG PREMISES 1NFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
Allianz Life Insurance Company
Address (do not use PO box) City Zip Code County
5701 Golden Hills Drive Golden Valley 55416 Hennepin
Date(s) of activity (for raffles, indicate the date of the drawing)
December 17th 2010
i
heck the box or boxes that indicate the type of gambling activity your organization will conduct:
Bingo" ®Raffles ~ Paddlewheels* ^Pu1l-Tabs" ~Tipboards"
* Gambling equipment for pull-tabs, bingo paper, tipboards, and
Also complete
paddlewheels must be obtained from a distributor licensed by the
Page 2 of this form
.
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo
number selection devices may be borrowed from another organization
authorized to conduct bingo. Print Form
To find a licensed distributor, go to www.gcb.state.mn.us and dick on List Reset Form
of Licensed Distributors, or call 651-639-4000.
LG220 Application for Exempt Permit
~ LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT ~
if the gambling premises Is wrehln city llmlts,
a city ofFcial must check the action that the city is
taking on this application and sign the application.
,, r
The application is acknowledged with no waiting period.
The application is acknowledged with a 30 day waitirig
period, and allows the Board to issue a permit after 30
days (60 days fora 1st class city).
The application is denied.
Print city name Golden Valley
On behalf of the city, 1 acknowledge this application.
gn ture of 'ty offlci receiving application
T' '~ Date ! ~ I 1 ~ l ~/ ~`t~
CHIEF EXECUTlVE'OFFICER'S SIGNATURE
The information provided in this application is complete and accurate to the best of my knowledge. 1 acknowledge that the
financial report will be completed and re~urped to the ~P~ wif,r-inw?0 days of the date of our gambling activity.
Chief executive officer's
Complete a separate application for each lambing activity: Financial report and recordkeeping required
- one day of gambling activity, A financial report form and instructions will be sent with
- two or more consecutive days of gambling activity, your permit, or use the online fill-in form available at
-each day a raffle drawing is held www.gcbstate.mn.us. Within 30 days of the activity date,
Send application with: complete and return the financial report form to the
- a copy of your proof of nonprofit status, and Gambling Control Board.
-application fee for each event.
Make check payable to "State of Minnesota."
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Print Form
Reset Form
If the gambling premises is located in a township, a
county official must check the action that the county is taking
on this application and sign the application.
A township official is not required to sign the application.
The application is acknowledged with no waiting period.
The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30
days.
The application is denied.
Print county name
On behalf of fhe county, I acknowledge this application.
Signature of county official receiving application
Title Date / /
(Optional) TOWNSHIP: On behalf of the township, 1
acknowledge that the organization is applying for exempted gambling
activity within township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title Date / /
Page 2 of 2 1/10
Date 10/11 /2010
This form will be made available in alternative
format (i.e. large print, Braille) upon request.
Data privacy notice:The information requested
on this form (and any attachments) will be used
by the Gambling Control Board (Board) to
determine your organization's qualifications to
be involved in lawful gambling activities in
Minnesota. Your organization has the right to
refuse to supply the information requested;
however, if your organization refuses to supply
this information, the Board may not be able to
determine your organization's qualifications
and, as a consequence, may refuse to issue a
permit. If you supply the information requested,
the Board will be able to process your
organization's application. Your organization's
name and address will be public information
when received by the Board. All other
information provided will be private data until
the Board issues the permit. When the Board
issues the permit, all information provided will
become public. If the Board does not issue a
permit, all information provided remains private,
with the exception of your organization's name
and address which will remain public. Private
data are available to: Board members, Board
staff whose work requires access to the
information; Minnesota's Department of
Public Safety; Attorney General;
Commissioners of Administration, Minnesota
Management & Budget, and Revenue;
Legislative Auditor, national and international
gambling regulatory agencies; anyone pursuant
to court order; other individuals and agencies
spec~cally authorized by state or federal law to
have access to the information; individuals and
agencies for which taw or legal order authorizes
a new use or sharing of information after this
Notice was given; and anyone with your written
consent
October 13`x' 2010
Judy Nally
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Dear Ms. Nally:
\\
PRISM
730 Florida Avenue South
Golden Valley, MN 55426
www.prismmpls.org
763.529.1 350
~.~~~
763.529.1454
PRISM will be hosting a fundraising event at Allianz Life Insurance
Company in Golden Valley on December 17, 2010.
We are requesting permission to hold a raffle at the event and respectfully
request that Golden Valley City Council waive the customary 30-day
waiting period for the exemption for lawful gambling permit required ~~r
this type of event.
Thank you for your consideration.
Si cerely,
~_..
El' eth John n
Executive Director
Regular Meeting of the
Golden Valley Planning Commission
August 9, 2010
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
August 9, 2010. Vice Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall
and Waldhauser. Also present was City Planner Joe Hogeboom and Administrative
Assistant Lisa Wittman. Chair Keysser was absent.
1. Approval of Minutes
July 26, 2010 Regular Planning Commission Meeting
Eck referred to the fifth paragraph on page 3 and noted that the word "prejudice" should
be "prejudiced".
McCarty referred to the eighth paragraph on page 2 and noted the word "and" should be
added after the word "neighborhood" in the last sentence.
MOVED by Eck, seconded by Cera and motion carried unanimously to approve the
July 26, 2010 minutes with the above noted corrections.
2. Informal Public Hearing -Conditional Use Permit - 2530 Winnetka Ave N -
CU-129
Applicant: Semper Development, Ltd.
Address: 2530 Winnetka Ave. N.
Purpose: To allow the proposed Walgreens store to have adrive-through
pharmacy window in the Commercial Zoning District.
Hogeboom stated that Semper Development, representing Walgreens, is requesting a
Conditional Use Permit to allow the proposed new Walgreens (to be located at 2530
Winnetka Avenue North) to have adrive-through pharmacy window. He noted that all drive-
through window proposals in Golden Valley require a Conditional Use Permit.
Hogeboom stated that the applicant has also been to the Board of Zoning Appeals twice.
The original request was for a variance from front yard setback requirements to allow the
proposed building to be located closer to Winnetka Avenue than allowed. He stated that the
Board wasn't comfortable allowing the building to be located closer to the street so they
tabled the applicant's request and asked the applicant to come back with a plan that would
meet the front yard setback requirements. Per the Board's recommendation, the applicant
came back to the Board of Zoning appeals with a new plan that met the front yard setback
requirements but required a variance from the required number of parking stalls. A variance
for the reduction in the required number of parking stalls was granted.
Minutes of the Golden Valley Planning Commission
August 9, 2010
Page 2
Hogeboom stated that Hennepin County has reviewed this proposal and they don't feel that
this proposed Walgreens store will impact traffic enough to warrant any improvements,
however the County will be taking some additional right-of-way from the Walgreens site in
order to elongate Winnetka Avenue's left turn lane onto westbound Medicine Lake Road.
He added that Walgreens' original plans showed a driveway along the south side of their
property and the neighboring property that would access Rhode Island Avenue. He
explained that it was ultimately decided that regular traffic patterns on the site and
emergency vehicle access would work without that driveway access so it has been
removed from the plans. This driveway access would have crossed the south 20 feet of the
VFW property.
Eck referred to the City Engineer's staff report and asked if it can be assumed that the
references to the access road to Rhode Island Avenue are no longer valid. Hogeboom
reiterated that that the access driveway to Rhode Island Avenue has been removed from
the proposal so any references in the City Engineer's report regarding the access to Rhode
Island Avenue can be ignored.
Cera referred to the site plan and noted that the northern most driveway shows a right turn
only arrow painted on the ground and it also shows the installation of a sign that says no
right turn. He questioned if the sign should really say no left turn. Hogeboom agreed that
the sign should say no left turn.
Cera questioned if there is any contamination on the site given that there are automotive
uses currently located on the property. Hogeboom suggested that the applicant respond to
the environmental issues.
Waldhauser noted that she hasn't seen any comments regarding lighting on the site.
Hogeboom stated that this proposal will be subject to the City's lighting regulations.
John Kohler, Semper Development, referred to the site plan and noted that the drive-
through window will be located on the east side of the building.
Kluchka asked if there will be adequate signage from the street showing where the drive-
through is located. Kohler explained the traffic patterns on the site and said Walgreens
would be willing to put a directional sign on Winnetka Avenue near the southern most
driveway.
Cera asked Kohler about the environmental issues on this site. Kohler said he is not aware
of any contamination issues and added that an environmental study will be done as a part
of the purchase of this property.
Waldhauser asked if the existence of adrive-through reduces the parking needs. Kohler
said yes and stated that approximately 10% of their business goes through the drive-
through.
Minutes of the Golden Valley Planning Commission
August 9, 2010
Page 3
Kluchka asked who will own the property. Kohler said Semper Development will own the
property and Walgreens will have along-term lease and Walgreens will do all of the
maintenance and management of the property.
Kluchka referred to an ex-Walgreens store in Rogers which is now a liquor store and asked
the applicant about their building re-use policies. Kohler explained that the building in
Rogers was never a Walgreens store and that the City of Rogers copied the look of a
Walgreens design. He said the re-use of buildings depends on what type of use is going in
to the building.
Kluchka asked about Semper's approach to increasing pedestrian visibility as well as
bicycle visibility and access. Kohler noted that the building is as close to the street as
possible in order to provide better pedestrian access and added that it is Walgreens policy
to provide bike racks as shown on the site plan.
Schmidgall asked what the store will look like. Kohler referred to a preliminary sketch of the
proposed building and said the building would be brick on all sides. Schmidgall noted that
Walgreens stores seem taller than they need to be. Kohler stated that a lot of the height is
used to screen and block the noise from the rooftop equipment.
Schmidgall asked about the Walgreens store in the Spring Gate shopping center. Kohler
said there are currently no plans to do anything at that location. He added that Walgreens
stores typically serve an area of approximately one mile.
Eck asked if the businesses presently located at this site are going to re-locate. Kohler said
he doesn't know the details about the businesses relocating.
Waldhauser opened the public hearing.
Bill Norberg, VFW Commander, 2525 Nevada Avenue North, stated that in the original
proposal there was a driveway out to Rhode Island Avenue located on the VFW property.
He said it was VFW's intent to fight that driveway because there is a garage located in the
proposed driveway easement area. He said without that driveway as part of the proposal,
the VFW has no objections to this project.
Carl Hoffstedt, 2450 Valders Avenue North, said he thinks a new building will be an
improvement and he doesn't have any issues with the proposed drive-through, but he is
concerned about lighting being aimed at the residential area. He questioned why
Walgreens selected this location when the existing businesses seem viable and added that
the small restaurant to the south seems to be a more logical location. He said he assumes
that there has been coordination between City staff and Hennepin County regarding traffic
issues.
Victoria Hopponen, 2400 Valders Avenue North, said she can see the lights from the car
wash and she is concerned about having more lights shining on the residential area. She
also questioned why Walgreens selected this location and why they are taking away
businesses that have been there for years when they could go across the street to the
Minutes of the Golden Valley Planning Commission
August 9, 2010
Page 4
Midland Shopping Center instead. She asked if Walgreens knows they are building on a
swamp and asked if they are going to use pilings during the construction which will create a
lot of noise.
Grimes explained that the City's lighting ordinance is a lot stricter than it used to be so he
doesn't feel the lighting will be an issue. In fact, he thinks there will be a substantial
improvement. Schmidgall said his understanding of the lighting ordinance is that there can
be no glare from lights at the property line. Grimes agreed and added that the City has little
control over the street lighting in the area because it is a county road. Waldhauser said she
would like the developer to be aware of the neighbor's concerns about lighting.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public
hearing.
Kluchka asked Kohler to address Walgreens property selection process. Kohler said
Walgreens looked at several properties in the area and added that Walgreens stores are
tending to move out of shopping centers so that is why the Midland Shopping Center won't
work. Waldhauser said Walgreens decision to buy this property and the owner's decision to
sell the property were their business decisions and not really .the Planning Commission's
business.
Waldhauser said the staff summary and the factors used in considering a Conditional Use
Permit request make sense. There isn't a similar business nearby, there is very little impact
and visually it will be an improvement. She said she hopes the landscape plan includes
trees and not just shrubs.
Kluchka recommended that there be adequate signage installed regarding the location of
the drive-through and that the walkway leading to the public sidewalk be extended and
widened to create a plaza feel.
MOVED by Eck, seconded by Cera and motion carried unanimously to recommend
approval of the Conditional Use Permit request to allow the proposed Walgreens store to
have adrive-through pharmacy window in the Commercial Zoning District subject to the
following conditions:
1. The site plan shall become a part of this approval.
2. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall
become a part of this approval.
3. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010
shall become a part of this approval.
4. All signage shall meet the requirements of Section 4.20 of City Code.
5. All future improvements to the building shall meet the City's Building Code requirements.
6. All other applicable local, state and federal requirements shall be met at all times.
7. Failure to comply with any of the terms of this permit shall be grounds for revocation.
8. Adequate signage regarding the location of the drive-through shall be installed near the
southern most driveway.
9. The walkway between the public sidewalk along Winnetka Avenue and the store shall be
extended and widened to provide for better pedestrian access.
Minutes of the Golden Valley Planning Commission
August 9, 2010
Page 5
3. Informal Public Hearing -Minor Subdivision (Lot Consolidation) - 2530
Winnetka Ave N - SU14-12
Applicant: Semper Development, Ltd.
Address: 2530 Winnetka Ave. N.
Purpose: The Lot Consolidation would allow the three existing lots to be
consolidated into one lot.
Hogeboom explained that upon review of Semper Development's Conditional Use
Permit request it was discovered that the existing building is located on three lots of
record so in order to construct a new building the applicant needs to consolidate the
three lots into one. He discussed City Engineer, Jeff Oliver's staff report regarding this
proposal and added that Hennepin County has also reviewed it and it is viewed by staff
to be a housekeeping item.
Grimes asked the applicant if the easement along the south side of the property that
was originally proposed to be a driveway will still exist. John Kohler, Applicant,
explained that the easement in question is really a lot itself and it will stay as it is.
Waldhauser opened the public hearing.
Carl Hoffstedt, 2450 Valders Avenue North, said it sounds like Walgreens has yet to
purchase the property. Hogeboom said it is his understanding that there is a purchase
agreement in place. Hoffstedt asked if the applicant will have to come back to the
Planning Commission for plan review once the property is purchased. Waldhauser said
no and explained that the next step in the process is the City Council review. Hoffstedt
said there is little opportunity for residents to get involved in the plan review process.
Grimes said residents are welcome to look at the plans.
Bill Norberg, VFW Commander, 2525 Nevada Avenue North, said the VFW strongly
opposes the easement along the south property line to be used for driveway access to
Rhode Island Avenue.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public
hearing.
MOVED by McCarty, seconded by Kluchka and motion carried unanimously to
recommend approval of the Minor Subdivision (Lot Consolidation) at 2530 Winnetka
Avenue North subject to the following conditions:
1. The conditions found in City Engineer Jeff Oliver's memo dated June 21, 2010 shall
become a part of this approval.
2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated June 7, 2010
shall become a part of this approval
Minutes of the Golden Valley Planning Commission
August 9, 2010
Page 6
3. The conditions found in Director of Transportation and County Engineer James
Grube's letter dated June 15, 2010 shall become a part of this approval.
4. The City Attorney will determine if a title review is necessary prior to approval of the
final plat.
--Short Recess--
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Cera reported on the July 27, 2010 Board of Zoning Appeals meeting where Walgreens
was granted a variance to allow fewer than the required number of parking spaces. He
stated that it was the Board's desire not to grant them a variance from the front yard
setback requirements but rather from the parking requirements.
5. Other Business
Hogeboom stated that there has been a ruling from the Minnesota Supreme Court that
appears to make granting variances more difficult. He said he has asked the City
Attorney to write an opinion on the ruling and will update the Commissioners and the
Board of Zoning Appeals in the future.
Kluchka asked about the proposed Menard's project. Hogeboom said staff is still
waiting to receive more information from Menards before their project can proceed.
6. Adjournment
The meeting was adjourned at 8:17 pm.
Lester Eck, Secretary
JOINT WATER COMMISSION MINUTES
Golden Valley -Crystal -New Hope
Meeting of August 3, 2010
The Golden Valley -Crystal -New Hope Joint Water Commission meeting was called to
order at 2:00 pm, in the City of Golden Valley Council Conference Room.
Commissioners Present
Tom Burt, City Manager, Golden Valley
Anne Norris, City Manager, Crystal
Kirk McDonald, City Manager, New Hope
Staff Present
Sue Virnig, Finance Director, Golden Valley
Dave Lemke, Utilities Maintenance Supervisor, Golden Valley
Tom Mathisen, Director of Public Works, Crystal
Jeannine Clancy, Director of Public Works, Golden Valley
Guy Johnson, Director of Public Works, New Hope
Minutes of July 7, 2010
MOVED by Norris seconded by McDonald and motion carried unanimously to approve the
minutes of the July 7, 2010 meeting.
Receive and file minutes from the Water Advisory Board
MOVED by McDonald seconded by Norris and motion carried unanimously to approve the
minutes from the January 28, 2010 Water Advisory Board.
Resolution 10-02 adopting the 2011-2015 Capital Projects for the Golden Valley-
Crystal-New Hope Joint Water Commission
Commissioner Norris introduced the following resolution and moved its adoption after
corrections to schedule A:
RESOLUTION 10-02
RESOLUTION ADOPTING THE 2011-2015 CAPITAL PROJECTS FOR THE GOLDEN
VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION
The motion for the adoption of the foregoing resolution was seconded by Commissioner
McDonald and upon a vote being taken thereon, the following voted in favor thereof: Burt,
Norris, and McDonald; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted, signed by the Chair and his signature
attested by the Vice Chair.
Joint Water Commission
Page 2 of 3
Resolution 10-03 regardinq Joint Water Commission Adopting the 2011 General
Fund Budget
Commissioner Norris introduced the following resolution and moved its adoption after
adjusting the budget amount to $7,469,905.
RESOLUTION 10-03
RESOLUTION OF THE JOINT WATER COMMISSIN ADOPTING THE 2011 GENERAL
FUND BUDGET
The motion for the adoption of the foregoing resolution was seconded by Commissioner
McDonald and upon a vote being taken thereon, the following voted in favor thereof: Burt,
McDonald, and Norris; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted, signed by the Chair and his signature
attested by the Vice Chair.
Resolution 10-04 regardinq Annual Elections for the 2010-2011 Insurance Policy
Commissioner Norris introduced the following resolution and moved its adoption:
RESOLUTION 10-04
RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2010-2011 INSURANCE
POLICY
The motion for the adoption of the foregoing resolution was seconded by Commissioner
McDonald and upon a vote being taken thereon, the following voted in favor thereof: Burt,
McDonald, and Norris; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted, signed by the Chair and his signature
attested by the Vice Chair.
Approval of Contract with Bergerson-Caswell for New Hope Well Rehab
MOVED by McDonald seconded by Norris and motion carried unanimously to approve
Bergerson Caswell, Inc for the amount of $14,900 for rehabilitation of Municipal Well 1 in
New Hope.
Other
No other business at this time.
Next Meeting
The next meeting will be September 1, 2010.
Adjournment
The meeting was adjourned at 1:57 pm.
Joint Water Commission
Page 3 of 3
Thomas D. Burt, Chair
ATTEST:
Christine Columbus, Administrative Assistant
Golden Valley Human Services Foundation (GVHSF) Meeting
Minutes
August 9, 2010
Present: Hilmer Erickson, Elissa Heilicher, Brenda McGhie, Diane Nimmer, Connie
Sandler, and Toots Vodovoz. Also present Jeanne Fackler, Staff Liaison.
Not Present: Dan Blumb, Gloria Johnson, Chris Monroe,and Steve Schumacher.
Call to Order: Co-Chairman Sandler called the meeting to order at 6:35 p.m.
July 12 minutes: Heilicher moved and Erickson seconded the motion to approve the
minutes of July 12. The motion passed unanimously.
GV Golf Classic: Event went well. Positive comments on July date. Need to fine-tune
check-in procedure and work on prizes for 2011.
Addition to Agenda-Commission Membership: Discussion centered on need for
additional help for GVHSF sponsored events and Commission's role. Discussion items:
Should Commission be the planning board and ask residents to assist with events?
Do we need to add members to Commission? How?
Gather names of businesses and churches to contact - do they have an Outreach
person willing to serve or place information in their bulletin?
Have city commissions hold an informational event on a Saturday at Starbuck's or
Einstein's?
Nimmer suggested re-visiting the mission statement and writing a position description for
the Commission before actively pursuing members. Items will be place on the September
agenda.
Upcoming Events:
Taste of Golden Valley- November 70. The Metropolitan has been booked for this date.
Deposit has been sent. Sandler will work on creating a Facebook page, Nimmer
volunteered to work on the auction mechanics with The Metropolitan. Members reviewed
the restaurant list prepared by McGhie. Sandler will send a revised list so members can
begin contacting restaurants either to participate or by donating a gift card. Fackler will
revise the information foe restaurants and send to members this week. Blumb will work on
entertainment. Discussion will continue at the September meeting.
Other Business:
Golden Valley Foundation - An invitation to meet has been sent to Nimmer and Sandler.
Grant Application -Information has been posted on the website. Deadline to return
applications is August 27t". Asub-committee of Sandler, Heilicher and McGhie will review
applications and recommend which agencies to interview. Members suggested holding the
agency interviews the afternoon of September 13t" prior to the GVHSF meeting. Fackler will
send agency interview information to members.
Adjournment: Nimmer moved to adjourn the meeting, Monroe seconded the motion. The
meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Jeanne Fackler
GVHSF Staff Liaison
Golden Valley
i
Fire Department
763-593-8079 / 763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. E. 1. Quotes -Extrication Equipment
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The 2010-2014 Capital Improvement Program includes $65,000 for purchasing three sets of
extrication equipment (V&E - 061, page 35). The new extrication equipment will replace the
three sets currently in service that are each approximately 25 years old.
Quotes were received from Emergency Management Company and Jefferson Fire and
Safety.
Emergency Management Company Jefferson Fire & Safety
Equipment $ 67,155 $ 72,546
Trade-In 6 175 2 000
TOTAL $ 60,980 $ 70,546
Recommended Action
Motion to approve the purchase of three sets of extrication equipment from the lowest
responsible bidder, Emergency Management Company for $60,980.
Cit>>
ot`
o en
Valley
Fire Department
763-593-8079 1763-593-8098 (fax)
Executive Summary for Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. F. Approval of Fire Department Relief Association By-Laws and Policies
Prepared By
Mark Kuhnly, Chief of Fire & Inspections
Summary
The Golden Valley Fire Department Relief Association revised their by-laws. The revisions
include statute changes, military and family medical leave. No monetary changes to the
pension benefits are included in this revision. The by-law revisions were presented to the City
Council at the May 11, 2010 Council/Manager meeting. The Fire Department Relief
Association membership has approved the by-laws and policies.
Attachments
By-Laws of the Golden Valley Fire Department Relief Association (11 pages)
Policies of the Golden Valley Fire Department Relief Association (6 pages)
Recommended Action
Motion to approve the Golden Valley Fire Department Relief Association by-laws and
policies.
By-Laws of the Golden Valley Fire Department
Relief Association
TABLE OF CONTENTS
ARTICLE I. ASSOCIATION NAME .............................................................................................Page 1
ARTICLE II. ASSOCIATION PURPOSE .......................................................................................Page 1
ARTICLE III. DEFINITIONS
Section I: Membership ....................................................................................................................... Page 1
Section II: Deferred Member .............................................................................................................. Page 1
Section III: Former Member ................................................................................................................ Page 1
Section IV Fire Department .................................................................................................................Page 1
Section V: Fiduciary Responsibility ....................................................................................................Page 1
Section VI: Beneficiary .........................................................................................................................Page 1
Section VIl: Disability ............................................................................................................................Page 2
Section VIII: Board of Trustees ............................................................................................................... Page 2
Section IX: Year of Active Service ........................................................................................................ Page 2
Section X: Active Service ....................................................................................................................Page 2
Section XI: Leave of Absence ............................................................................................................... Page 2
Section XII: Trustees .............................................................................................................................. Page 2
Section XIII: Domestic Relations Order ..................................................................................................Page 2
ARTICLE IV. ASSOCIATION MEMBERSHIP
Section I: Application for Membership ...............................................................................................Page 2
Section II: Expulsion From Membership ............................................................................................Page 2
ARTICLE V. ASSOCIATION MEETINGS
Section I: Meetings of the Board of Trustees ......................................................................................Page 2
Section II: Association Meetings ........................................................................................................Page 2
Section III: Order at Meetings ..............................................................................................................Page 2
ARTICLE VI. ASSOCIATION MANAGEMENT
Section I: Board of Trustees ..............................................................................................................Page 3
Section II: External Examiner ............................................................................................................. Page 3
Section III: Committees .......................................................................................................................Page 3
ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS
Section I: Powers and Duties of the Board of Trustees .....................................................................Page 4
Section II: Trustees Diligence ..............................................................................................................Page 4
Section III: Continuing Education ....................................................................................................... Page 4
Section IV: Duties .................................................................................................................................Page 4
i
ARTICLE VIII. FUNDS AND ACCOUNTS
Section I: General Fund .................................................................................................................... Page 4
Section II: Special Fund ..................................................................................................................... Page 4
Section III: Lines of Credit .................................................................................................................. Page 4
Section N: Disbursement of Funds .................................................................................................... Page 5
Section V: Deposits ............................................................................................................................ Page 5
ARTICLE IX . INVESTMENTS
Section I: Investments ...................................................................................................................... Page 5
Section II: Investment Policy ............................................................................................................ Page 5
Section III: State Statute Compliance .................................................................................................. Page 5
ARTICLE X. APPLICATION FOR BENEFITS
Section I: Application For Benefits ................................................................................................. Page 5
Section II: Approval of Benefits ........................................................................................................ Page 5
Section III: Right to Appeal the Decision ........................................................................................... Page 5
ARTICLE XI. RETIREMENT BENEFIT
Section I: Service Pension ................................................................................................................Page 6
Section II: Association Recommendation .......................................................................................... Page 7
ARTICLE XII. ANCILLARY BENEFITS
Section I: Death Benefit ...................................................................................................................Page 7
Section II: Permanent Disability Benefit ..........................................................................................Page 7
ARTICLE XIII. LIMITS ON BENEFITS
Section I: Domestic Relations Order ...............................................................................................Page 8
Section II: Garnishment, Judgment or Legal Process .......................................................................Page 9
Section III: Assignment of Payments ..................................................................................................Page 9
Section IV: Limitations on Ancillary Benefits ...................................................................................Page 9
Section V: Internal Revenue Code Limitations .................................................................................Page 9
ARTICLE XIV. BY-LAW AMENDMENTS
Section I: Method of Amendment ...................................................................................................Page 9
Section II: Council Approval ............................................................................................................Page 9
Section III: Legislative Action ..........................................................................................................Page 9
ii
ARTICLE I.
ASSOCIATION NAME
Section 1: The name of the relief association is the Golden Valley Fire Department Relief Association.
ARTICLE II.
ASSOCIATION PURPOSE
Section 1: This instrument constitutes the by-laws of the Golden Valley Fire Department Relief
Association, hereinafter referred to as the "Association," adopted for the purpose of regulating
and managing the internal affairs of the corporation and shall serve as the written pension plan
for the relief association. The Association is a defined benefit plan association. The
Association is a governmental entity that receives and manages public money to provide
retirement benefits for individuals who provide or have provided the governmental services of
firefighting for the City of Golden Valley. The objectives of the plan shall be to provide
service pensions and ancillary benefits to the members of the Golden Valley Fire Department,
their spouses and dependents. All benefits issued by this association shall be governed by these
by-laws as well as federal and state laws.
ARTICLE III.
DEFINITIONS
Section I: Membership -All active paid-on-call firefighters hired by the Golden Valley Fire Department
for the purposes of fire suppression or the supervision of fire suppression activities.
Section II: Deferred Member -Individuals who have resigned from the Golden Valley Fire Department
and are eligible for a service pension.
Section III: Former Member -.Individuals who have resigned from the Golden Valley Fire Department and
have collected a service pension.
Section IV: Fire Department -Wherever used in these by-laws, it shall mean Fire Department of the City
of Golden Valley, Minnesota.
Section V: Fiduciar,~ Responsibility - In the discharge of their respective duties, the officers and trustees
shall be held to the standard of care enumerated in Minnesota State Statute 11A.09. In addition,
the trustees must act in accordance with Minnesota State Statute 356A. No trustee of the
Association shall cause the relief association to engage in transactions if the fiduciary knows or
should know that the transaction constitutes one of the following direct or indirect transactions:
a. sale, exchange or leasing of any real property between the relief association and a board
member;
b. lending of money or other extension of credit between the relief association and a board
member of the relief association;
c. furnishing of goods, services or facilities between the relief association and a board
member;
d. transfer to a board member, or for the benefit of a board member, of any assets of the relief
association. Transfer of assets does not mean the payment of relief association benefits of
administrative expenses permitted by law.
Section VI: Beneficiary -Any person or estate entitled under this plan to receive a benefit upon the death
of a participant.
Section VIl: Disabili - A physical or psychological condition which precludes an active member of the
Association from performing the normal duties of a Firefighter with the Golden Valley Fire
Department.
Section VIII: Board of Trustees -The Board of Trustees shall be composed of nine members as specified
under Minnesota State Statute 424A.04. The six elected trustees are: President, Vice-President,
Secretary, Treasurer and two trustees. The Mayor, the Finance Director and the Fire Chief of
the City of Golden Valley shall be the ex-officio members of the Board of Trustees.
Section IX: Year of Active Service -For purposes of computing benefits or service pensions payable, a
year of service shall be defined as a period of 12 full months of active service in the Golden
Valley Fire Department.
Section X: Active Service -The active performance of fire suppression duties or the supervision of fire
suppression duties.
Section XI: Leave of Absence - If a member has an approved leave of absence from the Fire Department,
they shall also be considered on leave of absence from the relief association. Leaves of
absences include but are not limited to medical, personal or military.
Section XII: Trustees -The individuals designated as such by Minnesota State Statute 424A.04 and by virtue of
elected office, those that qualify as the ex-officio trustee.
Section XIII: Domestic Relations Order -Any judgment, decree (including approval of a property settlement
agreement) that complies with the provisions of Minnesota State Statutes 518.58, 518.581, or
518.611.
ARTICLE IV.
MEMBERSHIP
Section I: Application for Membership -All persons hired by the City of Golden Valley for fire
suppression activities for the Golden Valley Fire Department are automatically included in
membership in the association. Membership date shall be the date the person was placed on
active duty with the fire department.
Section II: Expulsion from Membership -Any member may be expelled from the Association for cause
by atwo-thirds (2/3) vote of all members present at a regular or special meeting of the
Association. Cause for expulsion may include, but shall not be limited to, failure to account
for money belonging to the Association or feigning illness or injury for the purpose of
defrauding the Association. An expulsion hearing before the Board of Trustees will be
conducted prior to above stated Association meeting in order to allow the person involved the
ability to challenge any witnesses that the Board of Trustees may call. Written notice via
registered mail will be sent to the individual at least 15 days prior to the hearing.
ARTICLE V.
MEETINGS
Section I: Meetings of the Board of Trustees -Meetings of the Board of Trustees shall be conducted in
accordance with the Association Management Policy.
Section II: _Association Meetings -Meetings of the Association will be conducted in accordance with the
Association Management Policy.
Section III: Order at Meetings -Robert's Rules of Order shall govern all deliberations of the Association.
ARTICLE VI.
BOARD OF TRUSTEES
Section I: Board of Trustees -shall be composed of the nine members as defined in Minnesota State Statute
424A. The six elected trustees of the Association are: President, Vice-President, Secretary,
Treasurer and two Trustees. The Mayor, Finance Director and Fire Chief of the City of
Golden Valley shall be ex-officio members of the Board of Trustees with the same rights,
privileges, duties and liabilities as other members of the Board of Trustees. The elected
offices shall be governed by the following:
a. Term -Each elected member of the Board of Trustees shall hold office following their
election for a period of two years until that person's successor has been elected. The
President, Secretary, and one Trustee shall be up for election at the annual meeting held in odd
numbered years and the Vice-President, Treasurer and the other Trustee shall be elected at the
annual meeting held in even numbered years. The term will begin on January 1 S`, following
the annual meeting at which the person is elected.
b. Eligibility -Each elected member of the board must be an active member of the association.
The member shall be an active member of the association for a minimum of 2 years prior to
being elected. This requirement may be waived by a 2/3 vote of the members present at the
election. An elected member may be allowed to serve while out on injury/illness leave, from
the Golden Valley Fire Department, not to exceed 6 months without review by the Board of
Trustees.
c. Vacancies -Vacancies due to resignation, removal or termination in any elected office of the
Board of Trustees shall be filled by an election held at either a regular or special meeting of
the Association. The individual elected to fill the vacancy shall serve only the remaining term
of the position vacated and their term begins immediately upon election.
d. Removals - An elected member of the Board of Trustees is automatically removed from the
elected position upon resignation, termination or leave of absence from the Fire Department
(medical leaves of absence are not included). Any elected member may be removed for cause
at a hearing to take place at a regular or special meeting of the Board of Trustees. No elected
member shall be removed unless written notice of the meeting has been posted listing the
reason for removal and a copy of the notice has been sent by certified mail to the member to
be removed. A simple majority of members present at the removal hearing must vote in favor
of removal in order for the elected member to be removed. When a member has been
removed, and election will be held at the next regularly scheduled general membership
meeting to fill the vacant position for the remaining term. Cause for removal shall include,
but not be limited to, fraud, dishonesty, incompetence or failure to perform duties as they
relate to the position, or failure to attend a minimum of nine (9) Board of Trustees regular
meetings.
e. Compensation of Elected Members -Compensation for the elected members of the Board of
Trustees is detailed in the Board Member and Trustee Policy.
f. B oard Member Position Descriptions -Position descriptions and responsibilities are detailed
in the Board Member and Trustee Policy.
Section II: External Examiner - At the discretion of the Board of Trustee's the Association may seek
outside professionals including but not limited to legal, medical or financial professionals as
necessary to validate claims or provide opinions for the Association.
Section III: Committees -The President may appoint any committees necessary for the successful
operation of this association.
3
ARTICLE VII.
POWERS AND DUTIES OF THE BOARD OF TRUSTEES AND ITS OFFICERS
Section I: Powers and Duties of the Board of Trustees -The Board of Trustees shall have exclusive
control and management of all property and funds of the Association, from whatever source
derived, and shall constitute the governing body of the Association with full power and
authority to carry out the objectives and purpose of the Association as set forth in the Articles
of Incorporation, these by-laws and the laws of the State of Minnesota.
Section II: Trustees Diligence -Trustees shall discharge their duties in good faith and with that diligence
and care which an ordinarily prudent person would exercise under similar circumstances.
Section III: Continuing Education -The Board of Trustees shall develop and periodically revise a plan for
continuing education for all members and officers of the Board of Trustees in order to ensure
those trustees keep abreast of their fiduciary responsibilities. The annual level for this
requirement will be assigned in the Board Member and Trustee Policy.
Section IV: Duties -The duties of the President, Vice-President, Secretary, Treasurer and Trustees shall
be defined in the Board Member and Trustee Policy.
ARTICLE VIII.
FUNDS AND ACCOUNTS
Section I: General Fund -The funds received by the Association from dues, fines, fund raisers and other
miscellaneous sources shall be kept in a general fund on the books of the Treasurer and may
be distributed by the Association for any purpose reasonably suited to the welfare of the
Association or its members as governed by the laws of the State of Minnesota. Moneys in the
General Fund shall be disbursed upon the approval of a simple majority of members present at
either a General Membership meeting or a Board of Trustees meeting. All disbursements from
the General fund will be for activities and/or expenses approved by the General membership.
Section II: Special Fund -All funds received by this Association qualifying as state aid received pursuant
to law, all taxes levied by or other revenues received from the city pursuant to law providing
for municipal support for the relief association, any moneys or property donated, given,
granted or devised excluding fund raiser proceeds, by any person which is specified for the
use for the support of the Special Fund, and any interest earned on the assets of the Special
Fund. Any tax sources and other money which may be directly donated or transferred to said
fund, shall be kept in a separate account on the books of the Treasurer known as the Special
Fund and shall be disbursed only for the following purposes:
a. Payment of members' service pension benefits in accordance with these by-laws;
b. Payment of ancillary benefits in accordance with these by-laws;
c. Administrative expenses as limited by Minnesota State Statute 69.80.
All other expenses of the Association shall be paid out of the General Fund.
Section III: Lines of Credit -The Board of Trustees may as deemed necessary, open lines of credit for the
purchase of various items as approved by the General Membership.
Section IV: Disbursement of Funds - No disbursements from the funds of the Association shall be made
except on signed authorization of any two of the following elected members of the Board of
Trustees: President, Vice-President, Secretary, Treasurer. The exact amount of any
disbursement must be authorized by a simple majority of members present at either a General
Membership meeting or a Board of Trustees meeting.
Section V: DepOS1tS -All moneys belonging to the Association shall be deposited to the credit of the
association into accounts set up at the depository of record. The depository of record shall be
determined at the annual meeting of the Board of Trustees and record of the depository shall
be documented in the Association Management Policy. The Board of Trustees shall make
deposits in conformance with State Statutes, these by-laws the Association Management
Policy and the Investment policy.
ARTICLE IX.
INVESTMENTS
Section I: Investments - It shall be the duty of the Board of Trustees to prepare modes and plans for the
safe and profitable investment of the funds of the Association. The investments of the funds
of the Association shall be in the exclusive control of the Board of Trustees, in conformance
with state statutes, the by-laws and the investment policy.
Section II: Investment Policy -The Board of Trustees shall adopt a written Investment policy. each year.
Section III: State Statute Compliance -The Board of Trustees shall comply with Minnesota State Statute
356A.06, Subdivision 8b that requires the relief association to provide annually to any brokers a
written statement of investment restrictions pursuant to statute of the investment policy that
applies to the special fund. Upon receipt of the written statement of investment restrictions, each
broker handling investments of the Association shall acknowledge, in writing annually the receipt
of the investment restrictions. The acknowledgment shall contain a statement of the broker's
agreement to handle the Association's investments pursuant to the written restrictions.
ARTICLE X.
APPLICATION FOR BENEFITS
Section I: Apylication For Benefits -All applications for Association benefits must be made in writing
on forms provided by the Secretary. All applications shall be submitted to a member of the
Board of Trustees for action.
Section II: Approval of Benefits - No application shall be acted upon until all the necessary forms and
information have been provided to the Board of Trustees. It shall be the duty of the Board of
Trustees to approve applications for service pensions if the applicant meets all of the
eligibility requirements set forth in these by-laws. It shall also be the duty of the Board of
Trustees not to approve the application if any of the eligibility requirements are not met.
Section III: Right to Appeal Decision - In the event that the Board of Trustees denies an application for a
service or ancillary pension the applicant has the right to appeal the board decision.
ARTICLE XI.
RETIREMENT BENEFIT
Section I:
Service Pension - An active member of the Association who leaves active duty with the Fire
Department is eligible to collect a lump sum service pension subject to the following:
a. Eligibility requirements:
1. Have left active service with the Golden Valley Fire Department;
2. Have completed at least 10 years of active service with the Fire Department before
leaving; and
3. Have been a member of the Association in good standing at least 10 years prior to
leaving the Fire Department.
b. Amount of Benefit -Each applicant shall be eligible for a service pension of $6,700.00 per full
year of active service as a firefighter with the fire department.
c. Early Vesting Provision - In the event a member with ten years or more, but less than twenty
years of active service on the City of Golden Valley Fire Department resigns, that person shall
be entitled to the following benefits that represent the early vested portion of their total
pension amount, reduced by four (4) percent per year for each year less than 20. The following
table shall be used to determine the pension amount, less any accrued interest:
Completed Years of Service Earl VY esting Reduction Pension Amount
10 40 percent $ 40,200
11 36 percent $ 47,168
12 32 percent $ 54,672
13 28 percent $ 62,712
14 24 percent $ 71,288
15 20 percent $ 80,400
16 16 percent $ 90,048
17 12 percent $100,232
18 8 percent $110,952
19 4 percent $122,208
20 none $134,000
More than 20 none add $6,700 per year
d. Minimum Age Requirement - No service pension shall be paid to any member until they
reach 50 years of age.
e. Deferred Retirement Benefit -Any active member of the Association who leaves active duty
with the Fire Department and is eligible for a service pension, but has not reached the age of
50, will be placed on a deferred pension list until the time that the member submits an
application for the pension.
f. Return to Service - If a retired firefighter, who is on the deferred list, should return to active
service, (they are deemed qualified and subsequently hired by the fire department) they shall
serve (5) years before qualifying for the current benefit level. The five year period must be
completed prior to their subsequent retirement. If the deferred member fails to complete the
(5) years, any time they serve will be added to their previous active service time and their
pension amount will be calculated based on the pension amount in effect when they originally
left active service. Any additional service, will be credited if it is consistent with the rules for
accruing time in the by-laws. The deferred member shall be informed of their specific
requirement prior to their re-hiring on the fire department.
g. Post-Payout Return to Service - If a member has received a retirement distribution and should
return to service, (they are deemed qualified and subsequently hired by the fire department)
they will be treated as a new member and will begin accruing time anew. In no event will a
member receive duplicate benefits for the same time period of service.
h. Interest on the Deferred Retirement Benefit -Interest shall be added to the deferred benefit
amount, compounded annually, at a rate equal to the actual time weighted total rate of return
of the fund as set by the board of trustees under Minnesota State Statute 356.219, up to 5%,
and applied consistently for all deferred service pensioners. Interest will not accrue for any
year in which the member reaches the age of 50 or thereafter.
i. Supplemental Retirement Benefit -Pursuant to Minnesota State Statute 424A.10, all retirees
shall be paid a supplemental benefit in the amount of 10% of his or her service pension
amount, not to exceed $1,000.00. This benefit shall be paid at the same time as the retirement
benefit. In the event that Minnesota State Statute 424A.10 is amended or repealed, this benefit
shall be amended or discontinue as per state statute.
Section II: Association Recommendation -Because of the varying circumstances in each member's
retirement planning, the Association strongly recommends consultation with a tax consultant,
insurance and/or estate planner or an attorney before requesting payment of their service
pension.
ARTICLE XII.
ANCILLARY BENEFITS
Section I: Death Benefit -Upon the death of an active member, the association shall pay to the surviving
spouse and surviving children. If there is no surviving spouse or surviving children the
benefit is paid to the designated beneficiary. If there is no designated beneficiary, the death
benefit shall be paid to the estate of the deceased active or deferred firefighter. They shall be
paid equal to the current yearly lump sum service pension rate multiplied by the number of
years of active service. The minimum benefit shall be equal to five (5) times the current
yearly lump sum service pension rate and without regard to the vesting schedule. Deferred
members shall be paid an amount equal to their current deferred pension amount.
Section II: Permanent Disability Benefits - A member who is permanently disabled shall be eligible to
collect a disability benefit. The member shall be eligible to receive the disability benefit
immediately upon approval of the Board of Trustees.
a. Any such disability benefit paid in accordance with this section shall be in lieu of all rights to
further service pension and survivor's benefit.
b. Disability defined: see Article III -Definitions.
c. Documentation Required - No member shall be paid disability benefits except upon the
written report of a physician, surgeon or chiropractor of the member's choice. This report
shall set forth the diagnosis and prognosis of the disability, disease or injury of the member.
Each such document shall be filed with the Association.
d. Procedure -All applications for disability benefits shall be made within 30 days after such
applicant has ceased to be an active member of the Golden Valley Fire Department. Written
application shall be made to the Board setting out the nature and cause of such disability as
described above. It is recommended that the applicant may be examined by a physician,
surgeon or chiropractor of the member's choice. The physician or chiropractor shall submit a
written opinion concerning the diagnosis and prognosis of the applicant's disability and its
probable date of onset and the probable duration of permanence. The Board of Trustees has
the discretion to request that another doctor, selected by the Board, examine the applicant.
Final determination of disability will be based on the reports of at least one doctor and by a
2/3 majority vote of a quorum of the Board of Trustees present at the subsequent association
meeting.
e. An applicant shall not be considered under a disability unless the member furnishes adequate
proof of the existence thereof. An applicant's statement as to pain or other symptoms will not
alone be conclusive evidence of disability as defined in this section.
f. Disability Amount -Amount of the disability shall depend on the cause of the disability. If the
disability is directly related to duties performed while on duty as a paid, on call Firefighter
with the City of Golden Valley or while performing duties related to an approved association
activity, the disability amount shall be an amount equal to his/her full years of service
multiplied by the current yearly lump sum service pension rate as specified in Article XI of
these by-laws and paid without regard to vesting. If the disability is not directly related to
duties performed while on duty as a paid, on call Firefighter with the City of Golden Valley or
while performing duties related to an approved association activity, the disability amount shall
be an amount equal to his/her full years of service multiplied by the current yearly lump sum
service pension rate as specified in Article XI of these by-laws, reduced by four (4) percent per
year for each year less than 20. The minimum amount payable shall be two (2) times the
yearly lump sum service pension rate.
The following table shall be used to determine the final disability pension amount:
Completed Years of Service Earlv Vesting Reduction
5 or less 60 percent
6 56 percent
7 52 percent
8 48 percent
9 44 percent
10 40 percent
11 36 percent
12 32 percent
13 28 percent
14 24 percent
15 20 percent
16 16 percent
17 12 percent
18 8 percent
19 4 percent
20 or more none
ARTICLE XIII.
LIMITS ON BENEFITS
Section I: Domestic Relations Order - A qualified domestic relations or domestic relations order shall be
accepted by the plan administrator if in compliance with state and federal law. A distribution
made pursuant to a domestic relations order shall be treated as made pursuant to qualified
domestic relations order as specified by I.R.C. 414(p) (11), as amended. No benefits shall be
paid under a domestic relations order which requires the plan to provide any type or form of
benefit, or any option, not otherwise provided under the Plan or under state law.
Section II: Garnishment, Judgment or Legal Process - No service pension or ancillary benefits paid or
payable from the special fund of a relief association to any person receiving or entitled to
receive a service pension or ancillary benefits shall be subject to garnishment, judgment,
execution, or other legal process, except as provided in section 518.58, 518.581 or 518.611.
Section III: Assi,~nments of Pa~ents_ - No person entitled to a service pension or ancillary benefit from
the special fund of a relief association may assign any service pension or ancillary benefit
payments, nor shall the association have the authority to recognize any assignment or pay
over any sum which has been assigned.
Section IV: Limitations on Ancillary Benefits -Following the receipt of a lump sum service pension
benefit or being placed on the deferred pension list, neither a member's surviving spouse,
children, designated beneficiary or estate is entitled to any other or further financial relief or
benefits from the Association.
Section V: Internal Revenue Code Limitations - No provision which places limits on benefits as
contained within Section 415 of the Internal Revenue Code shall be exceeded. Plan
participants cannot receive an annual benefit greater than the amount specified in Section 415
of the code as may subsequently be amended.
ARTICLE XIV.
BY-LAW AMENDMENTS
Section I: Method of Amendment -All amendments to these by-laws shall be proposed by a resolution
adopted by the Board of Trustees setting forth the proposed amendments and direction that
they should be submitted for adoption at a meeting of the Association. Notice of the meeting
shall state the purpose and be given to each member eligible to vote on the amendments. All
amendments must be approved by atwo-thirds (2/3) vote of all members present at a regular
or special meeting of the Association.
Section II: Council Approval -When required by Minnesota State Statutes or the Board of Trustees, no
by-laws or amendments of the by-laws shall be effective until approved by the governing body
of the City of Golden Valley.
Section III: Legislative Action - In the event that an amendment exceeds the authority granted this
Association by Minnesota Statutes, such amendments will not be effective until approved by
legislative action.
Policies of the Golden Valley Fire Department Relief
Association
ASSOCIATION MANAGEMENT POLICY
I. MEETINGS
A. Meetings of the Golden Valley Fire Relief Association (the association) and its Board of Trustees
(the board) shall be conducted in compliance with the State of Minnesota Open Meeting Law and
as follows:
• Notification of Members -Members shall be notified of meetings in accordance with the
Minnesota Open Meeting laws as follows: posting at each fire station, use of the City of
Golden Valley voice mail system or via email distribution. These methods constitute
adequate notice.
• Regular Meetings -Regular meetings of the board or the association shall be held on the day
fixed by the board at its annual meeting.
• Special Meetings -Special meetings may be called by the President of the association at any
regular meeting of the board or at any regular meeting of the association. In addition, any two
members of the board may call a special meeting by submitting written notice to the
Secretary, who shall thereupon give notice to all members, at least one day before the
meeting, of the time and place of the meeting.
• Annual Meeting -The annual meeting of the association shall be held on the date set by the
board within the City of Golden Valley subject to notification of all members. The newly
elected board shall meet immediately following the association's annual meeting to set the
regular meeting dates for the upcoming year. Any other business that needs to be addressed
may also be conducted at this meeting.
• Meeting Location -the board shall designate the location for any board and association
meetings at its annual meeting and post notification to all members. Any meeting of the board
or the association shall be within the City of Golden Valley. Any change to the posted
meeting schedule or meeting location requires communication to all interested parties.
• Quorum - 5 members of the board shall constitute a quorum for a board meeting and 19
members of the association shall constitute a quorum for a general membership meeting.
• Order of Business -The agenda for general meetings of the association shall be determined
prior to the meeting and posted at all Golden Valley Fire Stations at least one week prior to
the meeting. The agenda may be modified if necessary.
• Voting -Each member shall be entitled to one vote on any matter voted upon by the
membership. All votes, unless specified prior to the vote, shall be conducted by a voice vote.
If the officer in charge of the vote is unable to determine a majority by this means, a show of
hands will be conducted. Paper ballots will be used in the case of election votes and shall be
destroyed following the vote. Roll call votes will not be conducted. Voting by proxy is not
permitted.
B. Depository of Record -All monies belonging to the association shall be deposited to the
appropriate account at the depository of record. The depository of record shall be determined
annually by the board. The board shall make deposits in accordance with State Statutes, the
bylaws and the Investment Policy.
The Current Depository of Record is: Wells Fargo
BOARD MEMBER AND TRUSTEE POLICY
I. GENERAL BOARD DUTIES
A. Expectations of all board members include:
• Attend all meetings of the Golden Valley Fire Relief Association (the association).
• Serve on active committees (e.g. bylaw revision, street dance, Old #1) as appropriate.
• Consult with other relief associations, groups, industry professionals and state fire association
members to foster relationships and maintain awareness of relief association related activities
and concerns.
• Assist with budget preparation.
• Research policies and statutes as required.
• Attend continuing education in accordance with this policy.
• Serve as a fiduciary of the association and its members to ensure valid appropriation of
monies in accordance with state statutes.
II. POSITION DESCRIPTIONS
A. Duties of the President are:
• Maintain general supervision of the association and Board of Trustees (board).
• Facilitate board and general membership meetings.
• Work with board to determine and review relief association mission and vision.
• Maintain association and board calendar.
• Regularly review operating documents including, but not limited to bylaws and policies.
• Act as steward and liaison for the association as follows:
o Keep city leaders abreast of the association's status with regard to financial, economic
and any other relevant activity.
o Lead efforts for community visibility when necessary.
o Regularly review pension funding level (goal of annual increases).
o Lead efforts to work with external professionals on investment decisions.
• Responsible for general fund, fundraising activities.
• Show constant regard and assurance that the best interest of the general membership is being
served.
• Promote association camaraderie.
• Oversight of general fund budget planning.
• Oversight of payments to budgeted and external entities.
• Co-signer on payments.
B. Duties of the Vice-President are:
• Performs the duties of The President during absence, vacancy or until a successor is elected.
• Provides assistance to T'he President as needed for execution of association activities.
• Coordinates and organizes all fundraising events, public relations and social events that the
association may participate in.
• Assist in any other administrative duties of the board.
C. Duties of the Secretary are:
• Publish notice of all meetings of the association in accordance with the open meeting law.
• Write, publish, distribute, and keep records of all meeting minutes of the association.
• Maintain all necessary association records and rosters, including:
o Member Roster
o Economic Interest Statement list
o Committee Members
o Continuing Education Records for board members
o Supplemental beneficiary information for association members
• Develop and assist with conducting association orientation. for new members.
D. Duties of the Treasurer are:
• Manage, control and report on all cash flows in and out of the accounts of the association.
Transaction records should include the source, recipient, amount, date of transaction, any
other information deemed necessary. These records will be maintained under the direction of
the city finance director and in accordance with generally accepted accounting principals.
• Reconcile and report on the association accounts.
• Assist the President to inform and educate city officials on audit and financial positions that
involve the city.
• Prepare and ensure submittal of federal tax related forms (1099-R, 1099-Misc, 945, Tax
returns).
• Fulfill requests of the city's external audit firm to complete an annual audit of the association.
• Act as liaison for the association with external entities including:
o Office of the State Auditor
o City Attorney regarding pension and bylaw issues
o Investment professionals
o Legislative representatives
o Financial institutions
• Keep and maintain records of current, deferred and retired firefighter's pension calculations
and distributions.
• Deposit contributions and pay bills for the association in accordance with the budget and
association electives.
• Prepare and submit state required forms (Schedule I & II, RF, SID, SBR).
• Calculate and coordinate pension and permanent disability distributions.
• Prepare a detailed annual report to the State of Minnesota in accordance with Minnesota
Statute. This report shall be in accordance with generally accepted accounting principals.
E. Duties of the two (2) at large Trustees:
• Assist board members in their duties if requested.
• Represent association as a whole and vote in the interest of all.
• Assist in development of association operational processes.
• Learn the roles and duties of board officers with the intention of achieving higher office.
III. CONTINUING EDUCATION
IV.
V.
Pursuant to Minnesota State Statute 356A.13, board members are required to "make a reasonable effort
to obtain knowledge and skills sufficient to enable the fiduciary activities adequately..."
The association has adopted the following number of hours for minimum, annual continuing education
requirement: 4 Hours
BONDING
Pursuant to Minnesota State Statute 69.051, Subdivision 3, the Treasurer shall file a good and sufficient
bond with the Board of Trustees. The amount of the bond will be equal to at least 10% of the assets of
the Association; however, the amount of the bond need not exceed $500,000.00.
TRUSTEE COMPENSATION
Compensation for the elected members of the board is as follows:
1. Compensation for the President, Vice-President, Secretary and Treasurer shall be based
on the amount of time served as a member of the board. Compensation levels are:
Time Served
0 - 24 Months
25 - 48 Months
49 - 72 Months
73 - 96 Months
97 - 120 Months
over 120 Months
Yearly Compensation
$1,500.00
$1,800.00
$2,100.00
$2,400.00
$2,700.00
$3,000.00
Compensation will be paid quarterly from the Special Fund.
2. Compensation for the General Trustees shall be paid out of the general fund and their
compensation rate shall be re-evaluated as needed. Any time served as a general trustee
will count as service time should the trustee seek a higher board position (see 1. above).
INVESTMENT POLICY
I. PURPOSE
This Investment Policy is to articulate a philosophy which will guide the investment management of the
Special Fund towards the desired results. This policy will be established by the Golden Valley Fire
Relief Association (the Association) Board of Trustees (the Board), the Association Membership and
City of Golden Valley Administration. This policy will provide guidance in making asset allocation
and specific investment decisions and will establish a basis for evaluating investment results. It would
be prudent for the Board, when implementing this policy, to seek outside professional investment
advice.
II. FUND OBJECTIVE
The Special Fund, as designated by Minnesota State Statute 424A.05, exists to provide retirement
benefits to firefighters who meet all qualifications as designated in the bylaws and separate from
the Golden Valley Fire Department. It is the intent of the Association to systematically increase
the retirement benefit payable to retirees. The timing and amount of these benefit increases will be
a reflection of inflation and investment performance over time.
Benefit Increases will be pursued under the following conditions:
o The Special Fund will maintain a funding level of 95% or greater.
o Benefit increases will be funded through investment gains and state-aid funds, and not
through city contributions whenever possible.
The targeted annual benefit increase for retirees with twenty years of service is 3-5%.
III. INVESTMENT OBJECTIVE
It is understood that portfolio performance will fluctuate from year to year. Over time, however,
the portfolio needs to earn 5% annually in order to keep pace with actuarial assumptions, and must
earn greater than 5% annually to justify benefit increases. At the same time, preservation of
capital and minimization of risk of substantial losses in down markets is also required.
An investment mix will be chosen that simultaneously provides growth potential and limits the risk
of market loss. The allocation of the portfolio will be reviewed at least annually and more often if
necessary. The portfolio performance will be evaluated based on actual market returns over the
previous one, three and five year periods with the expectation that over long periods of time the
portfolio will achieve returns sufficient to fund the targeted benefit increases. An effort will also
be made to assure that the portfolio is not taking more investment risk than necessary to achieve
the desired returns.
RECOGNITION AND FLOWER POLICY
I. SERVICE AWARDS
Service Awards for Golden Valley Fire Relief Association Members will be administered as follows:
1. Gift of a watch for those reaching 10 years of service.
2. Gift of a ring up to $650 in value for fully vested 20 year members. The Board will contact
each member upon reaching 20 years to place the order.
3. No substitutions are allowed
4. Additional gifts or other years of service recognition at significant career milestones, if any,
will come from the Fire Department Chief.
5. All active members with over 20 years of service will receive their ring upon retirement.
II. FLOWERS
Purpose: To establish a uniform policy for the purchase of flowers for members and their families.
Policy: Provided the member notifies the Relief Association board or the Fire Department
Administrative Assistant, flowers will be sent in the following circumstances:
Iniury or illness Death Baby
Member Member
Spouse Children (if member still living) Member & Spouse
Minor Parent's death
* *Foowers may be sent to other individuals at the President's discretion.
Golden Valley
Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. G. 1. Waiver of Public Hearing and Certification of Special Assessments - 2010(A)
Driveways
Prepared By
Sue Virnig, Finance Director
Summary
Agreements have been signed with the property owners regarding total costs and waiving the
public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows
the property owner to pay for their driveway improvement over time with their property taxes.
Not all driveways were completed in time to be approved with this notification so the Council
will be considering this item again later this year.
Attachments
List of Driveways Assessed in 2010(A) (1 page)
Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering
Certification of Special Assessments on Driveways that Involve 20109(A) City Street
Improvements (1 page)
Recommended Action
Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes
429.031 and Ordering Certification of Special Assessments on Driveways that Involve
2010(A) City Street Improvements.
2010 Driveways -LEVY 17647
TOTAL
ADDRESS TAXPAYER ASSESSMENT CERT FEE ASSESSMENT
6410 GLENWOOD AVENUE DALE LAMPE 3,009.25 30.00 3,039.25
210 GEORGIA AVENUE LINDA MISA 7,455.17 30.00 7,485.17
245 GEORGIA AVENUE JAMES LONG 3,449.47 30.00 3,479.47
6450 WESTCHESTER CIRCLE OLGA DIACHUK 5,634.02 30.00 5,664.02
6443 WESTCHESTER CIRCLE TAMMY JUNTILLA 6,931.54 30.00 6,961.54
6415 WESTCHESTER CIRCLE HAROLD PAPKE 3,583.05 30.00 3,613.05
420 EDGEWOOD AVE KENNETH BENCE 4,888.88 30.00 4,918.88
15 PAISLEY LANE JASON HAMMERBER~ 8,440.87 30.00 8,470.87
25 PAISLEY LANE CINDY LAVORATO 5,014.50 30.00 5,044.50
250 PAISLEY LANE ANISE MCDOWELL 13,249.74 30.00 13,279.74
PYMTS BALANCE
3,039.25
7,485.17 0.00
3,479.47
5,664.02
6,961.54
3,613.05
4,918.88
8,470.87
5,044.50
13,279.74
61,656.49 300.00 61,956.49 7,485.17 54,471.32
Resolution 10-59
Member introduced the following resolution and moved its adoption:
October 19, 2010
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA
STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS
ON PRIVATE DRIVEWAYS THAT INVOLVE 2010(A) CITY STREET IMPROVEMENTS
Pro~ect Years Interest Rate First Year Lev Total Assessed
2010(A) City
Driveways 10 7% 2011 $61,956.49
1. Each individual address (lots) will be assessed the full value of the signed contract
with the homeowner for the various driveway improvement(s).
2. The proposed assessments are hereby adopted and confirmed as the. proper
assessments for each of said property respectively together with interest at the rate of
seven (7) percent per annum accruing on the full amount thereof unpaid, shall be a lien
concurrent with general taxes upon parcel and all thereof. The total amount of each such
assessment not prepaid shall be payable in equal annual principal installments extending
over a period of 10 years, as indicated in each case.
3. The first of said installments, together with interest on the entire assessment for the
period of January 1 through December 31, 2011, will be payable with general taxes for the
year of 2010, collectible in 2011, and one of each of the remaining installments, together
with one year's interest on that and all other unpaid installments, will be paid with general
taxes for each consecutive year thereafter unless the entire assessment is paid in full by
November 17, 2010.
4. The owner may pay off the assessment in full after November 17, 2010 with interest
accrued to December 31 of the year in which such payment is made. Such payment must
be made before November 15 or interest will be charged through December 31 of the
succeeding year.
5. The City Glerk shall, as soon as may be, prepare and transmit to the County Auditor
a certified duplicate of the assessment roll, with each installment and interest on each
unpaid assessment set forth separately, to be extended upon the proper tax lists of the
County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
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.
Golden galley
Finance
763-593-8013 / 763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. G. 2. Waiver of Public Hearing and Certification of Special Assessments - 2010(A) Sanitary
Sewer Repairs
Prepared By
Sue Virnig, Finance Director
Summary
Agreements have been signed with the property owners regarding total costs and waiving the
public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows
the property owner to pay for their sanitary sewer repairs over time with their property taxes.
Attachments
List of 2010(A) Sanitary Sewer Repairs (1 page)
Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering
Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2010(A) City
Street Improvements (1 page)
Recommended Action
Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes
429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that
Involve 2010(A) City Street Improvements.
2010 Sanitary Sewer -LEVY 17646
Address
120 Edgewood Ave N
15 Paisley La
205 Paisley La
210 Georgia Ave N
220 Cutacross Rd
301 Edgewood Ave N
31 Meander Rd
325 Georgia Ave N
6453 Westchester Cir
6484 Westchester Cir
6827 Kingston Cir
6931 Olson Memorial Hwy
Taxpayer
W A & P B Tomlinson
Jason Hammerberg
Leona Karsh
Linda Miza
Paul J & Janet L Tolzmann
Charles L Wilson
Jamie H & Rebecca L Wellik
Mark A & Laura P McLellan
J O'Donnell & J Almeroth
Larry J D'Amico
M L Spence & L A Spence
Lynn Louise Melcher
Assessment
8,025.00
3,183.25
3,097.65
6,245.00
7,748.00
4, 945.00
3,611.25
6,145.00
4,095.00
3,525.65
5,800.00
2,776.65
Cert Fee
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
Amt with
Cert Fee
8,055.00
3,213.25
3,127.65
6,275.00
7,778.00
4,975.00
3,641.25
6,175.00
4,125.00
3,555.65
5,830.00
2,806.65
Pymts
6,275.00
Balance
8,055.00
3,213.25
3,127.65
0.00
7,778.00
4,975.00
3,641.25
6,175.00
4,125.00
3,555.65
5,830.00
2,806.65
59,197.45 360.00 59,557.45 6,275.00 53,282.45
Resolution 10-60
Member introduced the following resolution and moved its adoption:
October 19, 2010
RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA
STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS
ON SANITARY SEWER REPAIRS INVOLVE 2010(A) CITY STREET IMPROVEMENTS
Pro'ect Years Interest Rate First Year Lev Total Assessed
2010(A) 10 7% 2011 $59,557.45
Sanitary Sewer
Repairs
1. Each individual address (lots) will be assessed the full value of the signed contract
with the homeowner for the various driveway improvement(s).
2. The proposed assessments are hereby adopted and confirmed as the proper
assessments for each of said property respectively together with interest at the rate of
seven (7) percent per annum accruing on the full amount thereof unpaid, shall be a lien
concurrent with general taxes upon parcel and all thereof. The total amount of each such
assessment not prepaid shall be payable in equal annual principal installments extending
over a period of 10 years, as indicated in each case.
3. The first of said installments, together with interest on the entire assessment for the
period of January 1 through December 31, 2011, will be payable with general taxes for the
year of 2010, collectible in 2011, and one of each of the remaining installments, together
with one year's interest on that and all other unpaid installments, will be paid with general
taxes for each consecutive year thereafter unless the entire assessment is paid in full by
November 17, 2010.
4. The owner may pay off the assessment in full after November 17, 2010 with interest
accrued to December 31 of the year in which such payment is made. Such payment must
be made before November 15 or interest will be charged through December 31 of the
succeeding year.
5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor
a certified duplicate of the assessment roll, with each installment and interest on each
unpaid assessment set forth separately, to be extended upon the proper tax lists of the
County and the County Auditor shall thereafter collect said assessment in the manner
provided by law.
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.
Golden Valley
Public Works
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. H. Call for Public Hearing for:
2011 Pavement Management Program, Project 11-1
2012 Pavement Management Program, Project 12-1
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Summary
At its October 20, 2009 meeting, the City Council directed staff to prepare a feasibility report
for the 2011 Pavement Management Program (PMP). The proposed project included
rehabilitation of 2.3 miles of local streets. The City Council directed staff to split the initial
project into two projects at its May 4, 2010 Council/Manager meeting. The resultant feasibility
report for these projects includes rehabilitation of 1.2 miles of streets in 2011; and 1.1 miles
of street in 2012. The streets included in each project are shown on the attached project
location map.
The feasibility report for these projects has been prepared by the consulting engineering firm
of Short Elliott Hendrickson, Inc. and will be presented at the public hearing. The feasibility
report outlines a project that includes reconstruction and overlays of the subject streets,
replaces and repairs portions of the sanitary sewer and water systems, and includes storm
drainage improvements throughout the project area. The estimated total project costs for
each year are:
2011: Estimated Project Cost = $3,535,000
2012: Estimated Project Cost = $2,649,000
The special assessment for the proposed projects $5,750.00 for each residential unit.
Consistent with past PMP projects, neighborhood open houses and issue specific
neighborhood meetings have been held throughout 2010 regarding this project.
The public hearing for the proposed projects will be held at the November 16, 2010 City
Council meeting.
Attachments
Project Location Map (1 page)
Resolution Providing for Public Hearing on Certain Proposed Public Improvements, Project
No. 11-1, 2011 Pavement Management Program and Project No. 12-1, 2012 Pavement
Management Program (3 pages)
Recommended Action
Motion to adopt Resolution Providing for Public Hearing on Certain Proposed Public
Improvements, Project No. 11-1, 2011 Pavement Management Program and Project No.
12-1, 2012 Pavement Management Program.
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Resolution 10-61 October 19, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 11-1
2011 PAVEMENT MANAGEMENT PROGRAM
AND
PROJECT NO. 12-1
2012 PAVEMENT MANAGEMENT PROGRAM
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as
follows:
1. In conformity with the provisions of Minnesota Statutes, Chapter 429, this Council
proposes to construct certain proposed public improvements within the City as stated in the
form of notice included in paragraph 4 hereof.
2. The Engineer for the City has reported to the Council advising it in a preliminary way
that the proposed public improvements are feasible and that they should be made as
proposed and not in connection with some other improvements.
3. A public hearing shall be held on the proposed improvements on November 16,
2010, in the Council Chambers at City Hall at 7 pm.
4. The Clerk is authorized and directed to cause notice of the time, place and purpose
of said meeting to be published for two successive weeks in the NEW HOPE/GOLDEN
VALLEY SUN POST, the official newspaper of the City, the first of said publications to be in
the issue of said paper dated November 4, 2010 and the last of said publications to be in
the issue dated November 11, 2010. Such notice shall be substantially the same as in the
attached form.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
Resolution 10-61 -Continued October 19, 2010
NOTICE OF PUBLIC HEARING ON CERTAIN
PROPOSED PUBLIC IMPROVEMENTS
PROJECT NO. 11-1
2011 PAVEMENT MANAGEMENT PROGRAM
AND
PROJECT NO. 12-1
2012 PAVEMENT MANAGEMENT PROGRAM
NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley, Hennepin
County, Minnesota, will meet on Tuesday, November 16, 2010, at 7:00 pm at the Golden
Valley City Hall, 7800 Golden Valley Road, in said City for the purpose of holding a public
hearing on certain proposed public improvements.
The City Engineer's estimated cost and the area where said improvements will be
constructed and which it will serve is as follows:
2011 PAVEMENT MANAGEMENT:
All properties in the NW'/4 of Section 30, Township 29, Range 24; within the City of
Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets:
• Turnpike Road from Turner's Crossroad to Radisson Road
• Radisson Road from Turner's Crossroad to Turnpike Road
• Lawn Terrace from Glenwood Avenue to Turnpike Road
• Colonial Drive from Lawn Terrace to cul-de-sac
2011 PMP Total Project Estimated Cost: $3,535,000
2012 PAVEMENT MANAGEMENT:
All properties in the NW'/4 of Section 30, Township 29, Range 24; within the City of
Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets:
• Circle Down From Turner's Crossroad to cul-de-sac
All properties in the NW'/4 of Section 4, Township 117, Range 21; within the City of
Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets:
• King Hill Road from Glenwood Avenue to King Creek Road
• King Creek Road from King Hill Road to Glenwood Avenue
All properties in the NW'/4 of Section 33 and the SE'/4 of Section 28, Township 118,
Range 21; within the City of Golden Valley, Hennepin County, Minnesota, that are
adjacent to the following streets:
• Welcome Avenue from Golden Valley Road to Phoenix Street
• Welcome Circle from Welcome Avenue to Phoenix Street
• Phoenix Street from Welcome Circle to TH 100 Frontage Road
2012 PMP Total Project Estimated Cost: $2,650,000
Resolution 10-61 -Continued
October 19, 2010
All interested persons may appear in person or by counsel and be heard. If you require
auxiliary aids or services to participate or communicate in this meeting, please contact Judy
Nally at 763-593-3991 (TTY: 763-593-3968) 48 hours before the meeting time to make a
request. Examples of auxiliary aids or services may include sign language interpreter,
assistive listening device, accessible meeting location, etc.
BY ORDER OF THE CITY COUNCIL
Susan M. Virnig, City Clerk
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Public Works
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley Council Meeting
October 19, 2010
Agenda Item
3. I. Authorize Approval of Minnesota Water Agency Response Network (MnWARN) Mutual
Aid Agreement
Prepared By
Jeannine Clancy, Director of Public Works
Bert Tracy, Public Works Maintenance Manager
Summary
The Minnesota Water/WastewaterRgency Response Network (MnWARN) is a statewide
mutual aid system that began in February 2008 and now has 124 members. MnWARN is
modeled after similar programs developed in Florida, California, and Texas and is geared
specifically to public utilities. It recognizes that utilities are highly specialized and must be
self-sufficient to fill the gap until help from larger agencies arrive. Through this mutual aid
system, utilities can help each other with resources during natural and manmade
emergencies, ranging from broken watermains or loss of power to large-scale disasters.
The main components of the Water and Wastewater Agency Response Network (WARN)
system are:
1. A steering committee composed of a cross section of our state's water and wastewater
industry.
2. A mutual aid agreement that provides clear legal and procedural framework for aid to
occur.
3. Regional divisions providing a "neighbor-helping neighbor" environment.
4. A website where critical contact information is stored for viewing.
Volunteers from utilities serve in six regions of the state sharing boundaries with Homeland
Security Emergency Management (HSEM), streamlining emergency response efforts.
Advisory support is provided by the Minnesota Department of Health, Minnesota Pollution
Control Agency, League of Minnesota Cities, Minnesota Division of Homeland Security and
Emergency Management, Association of Emergency Managers, and Minnesota Municipal
Utilities Association. MnWARN is broadly supported by various first responder state
agencies, whose representatives serve in a support capacity, and are linked by a common
web site (MnWARN.org) that provides both information and logistical support during
emergencies.
A sample of current members of MnWARN includes the cities of Minneapolis, St. Paul,
Bloomington, Apple Valley, Burnsville, Rosemount, St. Peter, and St. Cloud.
Attachments
Resolution Authorizing the City of Golden Valley to be a Party to Minnesota Water Agency
Response Network (MnWARN) (1 page)
Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement (12 pages)
Recommended Action
Motion to adopt Resolution Authorizing the City of Golden Valley to be a Party to Minnesota
Water Agency Response Network (MnWARN).
Resolution 10-62 October 19, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE CITY OF GOLDEN VALLEY TO BE A PARTY TO
MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN)
WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by
agreement of their governing bodies to jointly or cooperatively exercise any power common
to them; and
WHEREAS, MnWARN has been established by the adoption of a Mutual Aid
Agreement (the Agreement) among Governmental Units to allow their water,
wastewater and storm water utilities to assist each other in case of an emergency; and
WHEREAS, the Agreement allows other governmental units to become a
party to the Agreement by the adoption of this Resolution and sending notice to the
Secretary of the Statewide Committee for MnWARN; and
WHEREAS, the governing body of the City of Golden Valley considers it to be in
the best interests of the Golden Valley to be a party to the Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley:
1. Authorizes the Mayor and City Manager to sign the Minnesota Water Agency
Response Network (MnWARN) Mutual Aid Agreement; and
2. City Clerk is directed to send a certified copy of this resolution and a completed
membership information form to the Secretary of the Statewide Committee of
MnWARN; and
3. Golden Valley agrees to comply with all terms of the Agreement.
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 WATER AGENCY RESPONSE NETWORK
(MnWARN) MUTUAL AID AGREEMENT
This Minnesota Water Agency Response Network (MnWARN) Mutual Aid
Agreement is made and entered into by the undersigned Parties.
WHEREAS, the Parties hereto are authorized by law or home rule charter to
establish a water, wastewater or storm water utility; and
WHEREAS, the Parties hereto have established a water, wastewater and/or storm
water utility; and
WHEREAS, the Parties recognize that an Emergency may require Assistance in
the form of personnel, equipment and supplies from a Utility outside the
Governmental Unit; and
WHEREAS, the governing bodies of the Parties have investigated the facts and
determined that it is in their best interests to authorize their Utilities to work
cooperatively with another Party's Utilities when there is an Emergency; and
WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by
agreement of their governing bodies to jointly or cooperatively exercise any power
common to them.
NOW, THEREFORE, in consideration of the mutual covenants made herein, the
Parties agree as follows:
ARTICLE I
PURPOSE
The Parties recognize that in an Emergency, their Utilities may require Assistance in
the form of personnel, equipment and supplies from outside the area of impact. The
purpose of this Agreement is to provide a framework, in the event of an Emergency,
for the Parties to participate in an intrastate program for mutual aid assistance to
provide water, wastewater and storm water utility services. The Parties authorize their
Utilities to cooperatively assist other Party's Utilities when there is an Emergency,
subject to the discretion of the Responding Party's Authorized Official as set forth in
Article IV.
G:\MnWARN\MnWARN Mututal Aid Agreement.docx
ARTICLE II
DEFINITIONS
A. Agreement -This Water Agency Response Network Mutual Aid Agreement.
B. Assistance -Resources, including but not limited to personnel, equipment, material
.and supplies that a Responding Party's Utility provides to a Receiving Party's Utility.
C. Authorized Official - An employee or official of a Party's Utility that is authorized by
the Party's governing body to request Assistance or provide Assistance under this
Agreement.
D. Emergency -Any occurrence that is, or is likely to be, beyond the control of the
services, personnel, equipment or facilities of a Party's Utility.
E. Governmental Unit - A city, county or township in Minnesota or a city's public
utilities commission.
F. MnWARN -The framework for public water, wastewater and storm water utilities in
Minnesota to assist other public water, wastewater and storm water utilities when
there is an Emergency that requires Assistance from another Utility. The framework
includes this Agreement and other resources to be developed and coordinated by
the Statewide Committee to implement the purpose of this Agreement.
G. National Incident Management System (NIMS) - A national, standardized approach
to incident management and response that sets uniform processes and procedures
for emergency response operations.
H. Party/Parties -One or more governmental units that has a water, wastewater or
stormwater utility that executes this Agreement or adopts this Agreement by
resolution pursuant to Article XIV.
Period of Assistance -The period of time when a Responding Party assists a
Receiving Party. The period commences when personnel, equipment or supplies
depart from a Responding Party's facility and ends when the resources return to
their facility. All protections identified in the Agreement apply during this period. The
Period of Assistance may occur during response to or recovery from an Emergency.
J. Receiving Party - A Party who requests and receives Assistance under this
Agreement.
K. Responding Party - A Party that provides assistance to another Party pursuant to
this Agreement.
L. Statewide Committee -The committee responsible for overseeing MnWARN on a
statewide level.
G:\MnWARN\MnWARN Mututal Aid Agreement.docx 2
M. Steering Committee -The leadership group that established MnWARN and the
development of this Agreement.
N. Utility/Utilities - A water, wastewater and/or storm water utility of a Party.
ARTICLE III
ADMINISTRATION
A. Statewide Committee.
Voting Members. MnWARN shall be administered through a Statewide
Committee. The Statewide Committee shall be comprised of nine (9) voting
members. The voting members of the Statewide Committee shall be comprised
as follows: (i) an employee or official of a Utility located in Region 1 of the
Minnesota Division of Homeland Security and Emergency Management
Regions; (ii) an employee or official of a Utility located in Region 2 of the
Minnesota Division of Homeland Security and Emergency Management
Regions; (iii) an employee or official of a Utility located in Region 3 of the
Minnesota Division of Homeland Security and Emergency Management
Regions; (iv) an employee or official of a Utility located in Region 4 of the
Minnesota Division of Homeland Security and Emergency Management
Regions; (v) an employee or official of a Utility located in Region 5 of the
Minnesota Division of Homeland Security and Emergency Management
Regions; (vi) an employee or official of a Utility located in Region 6 of the
Minnesota Division of Homeland Security and Emergency Management
Regions; (vii) an employee or official of the Minnesota Rural Water Association;
(viii) a representative from the Minnesota Section of the American Water Works
Association; and (ix) a representative of the Minnesota Wastewater Operator's
Association.
a. Initial Voting Members. The initial voting members representing the six
regions of the Minnesota Division of Homeland Security and Emergency
Management Regions shall be selected by the Steering Committee. The
other three voting members shall be selected by the organization they
represent.
b. Subsequent Voting Members. The appointment or election of subsequent
voting members shall be done in accordance with bylaws to be adopted
by the Statewide Committee.
c. Terms. The terms of the voting members shall be established by the
bylaws to be adopted by the Statewide Committee.
G:\MnWARN\MnWARN Mututal Aid Agreement.docx 3
d. Changes. The Statewide Committee may change the number or
composition of the voting members in accordance with its bylaws.
2. Advisory Members. There shall be at least six (6) advisory members of the
Statewide Committee who shall not be entitled to vote. The advisory member
shall consist of a representative to be selected by each of the following
organizations: (i) the Minnesota Pollution Control Agency; (ii) the Minnesota
Department of Health; (iii) Minnesota Homeland Security and Emergency
Management; (iv) the Association of Minnesota Emergency Managers; (v) the
Minnesota Municipal Utilities Association; and (vi) the League of Minnesota
Cities. The voting members of the Statewide Committee may change the
number or composition of the advisory members in accordance with its bylaws.
The terms of the advisory members shall be established by the bylaws of the
Statewide Committee.
3. Officers. The Statewide Committee shall have the following officers: a Chair, a
Vice-Chair and a Secretary. The initial officers shall be elected by the Statewide
Committee at its first meeting. The terms of the initial officers and subsequently
elected officers shall be established by the.bylaws of the Statewide Committee.
The officers shall have the following powers:
a. Chair. The Chair shall have no more power than any other member of the
Statewide .Committee except that the Chair shall act as the presiding
officer at all Statewide Committee meetings and may have other duties as
assigned from time to time and prescribed by the Statewide Committee.
b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any
Statewide Committee meeting not attended by the Chair and shall
perform the Chair's duties in the Chair's absence. The Vice-Chair may
have other duties as assigned from time to time and prescribed by the
Statewide Committee.
c. Secretary. The Secretary shall be responsible for ensuring that minutes
are prepared for all Statewide Committee meetings. The Secretary shall
also keep all books and records of the Statewide Committee and shall
give all notices required by law, and may have other duties as assigned
from time to time and prescribed by the Statewide Committee. The
Statewide Committee may delegate all or part of the Secretary's duties
required under this Section to another person; provided that such
delegation shall not relieve the Secretary of ultimate responsibility for
these duties.
4. Powers. The Statewide Committee shall have the following powers:
G:\MnWARN\MnWARN Mututal Aid Agreement.docx Q~
a. To coordinate emergency planning and response activities of Utilities in
coordination with the emergency management and public health system
of the State;
b. To adopt policies and procedures to further the purpose of MnWARN;
c. To establish committees, including regional committees, to assist in
implementing the purpose of MnWARN;
d. To develop a resource list of personnel, equipment, supplies and other
resources that may be used to provide Assistance;
e. To establish a website to facilitate the Parties' use of MnWARN;
f. To develop protocols, forms or procedures for Parties to request
assistance;
g. To develop educational materials; and
h. To develop training materials and conduct training for Parties.
5. Meetings. The Statewide Committee shall hold meetings as follows:
a. Organizational Meeting. An organizational meeting shall be held at a time
and place to be determined by the Steering Committee.
b. Regular Meetings. Thereafter, the Statewide Committee shall meet at
least annually. A schedule of regular meetings may be adopted by the
Statewide Committee at the organizational meeting. A schedule of regular
meetings may be changed from time to time as deemed necessary by the
Statewide Committee.
c. Special Meetings. Special meetings of the Statewide Committee may be
called by the Chair and must be called by the Chair upon written request
of two Statewide Committee members.
d. Quorum. The Statewide Committee shall not take official action unless a
majority of the voting members are present in person or via electronic
communication.
ARTICLE IV
REQUESTS FOR ASSISTANCE
A. Party Responsibility. The Parties shall identify an Authorized Official and one or
more alternates; provide contact information including 24-hour access; and
G:\MnWARN\MnWARN Mututal Aid Agreement.docx rj
maintain the resource information required contained in the member information
form to be developed by the Statewide Committee. The Parties shall update this
information as required by the bylaws.
In the event of an Emergency, a Party's Authorized Official may request
Assistance from a Party's Utility. The Authorized Official must specifically state
that Assistance is being requested under MnWARN to activate the provisions of
this Agreement. Requests for Assistance can be made orally or in writing. When
made orally, the request for Assistance shall be prepared in writing as soon as
practicable. Requests for Assistance shall be directed to the Authorized Official
of a Party. Specific protocols for requesting Assistance shall be established by
the Statewide Committee.
B. Response to a Request for Assistance. After a Party receives a request for
Assistance, the Authorized Official should evaluate if resources are available to
respond to the request for Assistance. Following the evaluation, the Responding
Party's Authorized Official shall inform, as soon as possible, the Receiving
Party's Authorized Official if it can provide Assistance. If Assistance is provided,
the Responding Party shall inform the Receiving Party about the type of available
resources and the approximate arrival time of such resources.
C. Discretion of Responding Party's Authorized Official. Adoption of this Agreement
does not create any duty to provide Assistance. When a Party receives a request
for Assistance, the Authorized Official shall have absolute discretion to provide
Assistance or to not provide Assistance. A Party's decision to provide Assistance
or not provide Assistance shall be final. No Party nor any employee or officer of
any Party shall be liable to any other Party or to any person for failure of any
Party to furnish Assistance or for recalling Assistance.
ARTICLE V
RESPONDING PARTY PERSONNEL
A. National Incident Management System (NIMS). When providing Assistance
under this Agreement, the Requesting Party's Utility and the Responding Party's
Utility shall be organized and function under NIMS.
B. Control. The personnel of a Responding Party providing Assistance shall be
under the direction and control of the Receiving Party until the Responding
Party's Authorized Official withdraws Assistance. The Receiving Party's
Authorized Official shall coordinate response activities with the Responding
Party's Authorized Official. Whenever practical, Responding Party personnel
should plan to be self sufficient for up to 72 hours.
C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter
for Responding Party personnel for Assistance that is provided for more than
G:\MnWARN\MnWARN Mututal Aid Agreement.docx 6
72 hours. If the Receiving Party is unable to provide food and shelter for a
Responding Party's personnel, the Responding Party's Authorized Official or
designee is authorized to secure food and shelter for its personnel and shall be
entitled to reimbursement for such expenses from the Receiving Party.
Reimbursement for food and shelter shall reflect the actual costs incurred by the
Responding Party. If receipts are not available, the Responding Party cannot
request reimbursement in excess of the State per diem rates for that area.
D. Communication. The Receiving Party shall provide Responding Party personnel
with radio equipment as available, or radio frequency information to program
existing radios, in order to facilitate communication among personnel providing
Assistance.
E. Status. Unless otherwise provided by law, the Responding Party's officers and
employees retain the same privileges, immunities, rights, duties, and benefits as
provided in their respective jurisdictions.
F. Licenses and Permits. To the extent permitted by law, Responding Party
personnel who hold licenses, certificates, or permits evidencing professional,
mechanical, or other skills shall be allowed to carry out activities and tasks
relevant and related to their respective credentials during the Period of
Assistance.
G. Right to Withdraw. The Responding Party's Authorized Official retains the right to
withdraw some or all of its resources at any time. Notice of intention to withdraw
must be communicated to the Receiving Party's Authorized Official as soon as
possible.
ARTICLE VI
COST REIMBURSEMENT
Unless otherwise mutually agreed in whole or in part, the Receiving Party shall
reimburse the Responding Party for each of the following categories of costs
incurred while providing Assistance during the Period of Assistance.
A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to
personnel providing Assistance during the Period of Assistance. The Responding
Party's designated supervisor(s) must keep accurate records of work performed
by personnel during the Period of Assistance. Reimbursement to the Responding
Party must consider atl personnel costs, such as salaries or hourly wages,
including overtime, and costs for fringe benefits and indirect costs.
B. Equipment. The Receiving Party shall reimburse the Responding Party for the
use of equipment during a Period of Assistance pursuant to the Responding
Party's rate schedule. If the Responding Party does not have a rate schedule, the
G:\MnWARN\MnWARN Mututal Aid Agreement.docx 7
rates for equipment use must be based. on the Federal Emergency Management
Agency's (FEMA) Schedule of Equipment Rates. If a Responding Party uses
rates different from those in the FEMA Schedule of Equipment Rates, the
Responding Party must provide such rates in writing to the Receiving Party prior
to supplying Assistance. Reimbursement for equipment not referenced on a
Party's rate schedule or the FEMA Schedule of Equipment Rates must be
developed based on actual recovery of costs.
C. Materials and Supplies. The Receiving Party must reimburse the Responding
Party in kind or at actual replacement cost, plus handling charges, for use of
expendable or nonreturnable supplies. The Responding Party must not charge
direct fees or rental charges to the Receiving Party for other supplies and
reusable items that are returned to the Responding Party in a clean, damage-free
condition. Reusable supplies that are returned to the Responding Party with
damage must be treated as expendable supplies for purposes of cost
reimbursement.
D. Payment Period. The Responding Party must provide an itemized bill to the
Receiving Party for all expenses it incurred as a result of providing Assistance
under this Agreement. The Responding Party must send the itemized bill not
later than ninety (90) days following the end of the Period of Assistance. The
Receiving Party must pay the undisputed portion of the bill in full on or before the
forty-fifth (45th) day following the billing date. Unpaid bills become delinquent
upon the forty-sixth (46th) day following the billing date, and, once delinquent, the
bill accrues interest at the standard rate of interest charged by the Responding
Party for unpaid bills. If the Responding Party does not have a standard rate, the
interest rate shall be the rate of prime, as reported by the Wall Street Journal,
plus two percent (2%) per annum. Any undisputed amount must be resolved
using the procedures set forth in Article VII.
ARTICLE VII
DISPUTES
The Parties agree to act in good faith to undertake resolution of disputes, in an
equitable and timely manner and in accordance with the provisions of this
Agreement. If disputes cannot be resolved informally by the Parties, the following
procedures shall be used:
A. Mediation. If there is a failure between Parties to resolve a dispute on their own,
the Parties shall first attempt to mediate the dispute. The Parties shall agree
upon a mediator, or if they cannot agree, the Statewide Committee Chair shall
select a mediator. If the Chair of the Statewide Committee, has a conflict of
interest, the duty for selecting a mediator shall pass to the Vice-Chair.
G:\MnWARN\MnWARN Mututaf Aid Agreement.docx 8
B. Arbitration. If the dispute remains unresolved following mediation, the dispute
shall be submitted to arbitration under the Uniform Arbitration Act, Minnesota
Statutes, Sections 572.08-.30. If the Parties cannot agree on one or more
arbitrators, the arbitrator(s) shall be selected using the same procedure set forth
for selecting a mediator. The decision of the majority of the arbitrators shall not
be binding upon the Parties. If the arbitration decision is not accepted, the Parties
may pursue any other legal remedy to resolve the dispute.
ARTICLE VIII
RECEIVING PARTY'S DUTY TO INDEMNIFY
For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes,
Chapter 466, the employees and officers of the Responding Party are deemed to be
employees (as defined in Minnesota Statutes, Section 466.01, subdivision 6) of the
Receiving Party.
The Receiving Party shall defend, indemnify and hold harmless, the Responding
Party, its officers, employees, volunteers and agents from all claims, loss, damage,
injury, and liability of every kind, nature, and description, directly or indirectly arising
from the Responding Party's Assistance during the Period of Assistance. The scope
of the Receiving Party's duty to indemnify includes, but is not limited to, suits arising
from, or related to, negligent or wrongful use of equipment or supplies on loan to the
Receiving Party, or faulty workmanship or other negligent acts, errors, or omissions
by the Responding Party personnel. The Receiving Party shall not be required to
defend and indemnify the Responding Party for any willful or wanton misconduct of
the Responding Party or its officer, employees, volunteers or agents. Under no
circumstances, however, shall a party be required to pay on behalf of itself and other
parties, any amounts in excess of the limits of liability established in Minnesota
Statutes, Chapter 466 applicable to any one party. The intent of this article is to
impose on each Receiving Party a limited duty to defend and indemnify a
Responding Party for claims arising within the Receiving Party's jurisdiction subject
to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of
creating this duty to defend and indemnify is to simplify the defense of claims by
eliminating conflicts among defendants and to permit liability claims against multiple
defendants from a single occurrence to be defended by a single attorney.
The Receiving Party's. duty to indemnify is subject to, and shall be applied consistent
with, the conditions set forth in Article X.
ARTICLE IX
DAMAGE TO EQUIPMENT
Each Party shall be responsible for damages to or loss of its own equipment. Each
Party waives the right to sue any other Party for any damages to or loss of its
G UVInWARN\MnWARN Mututal Aid Agreement.docx 9
equipment, even if the damages or losses were caused wholly or partially by the
negligence of any other Party or its officers, employees, or volunteers.
ARTICLE X
WORKERS' COMPENSATION
Each Party shall be responsible for injuries or death of its own personnel. Each Party
will maintain workers' compensation insurance or self-insurance coverage, covering
its personnel while they are providing Assistance pursuant to this Agreement. Each
Party waives the right to sue another Party for any workers' compensation benefits
paid to its own personnel while they are providing Assistance pursuant to this
Agreement. Each Party waives the right to sue another Party for any workers'
compensation benefits paid to its own employee or volunteer or their dependents,
even if the injuries were caused wholly or partially by the negligence of another Party
or its officers, employees or volunteers.
ARTICLE XI
INSURANCE
Parties to this Agreement shall maintain the following liability coverages:
(1) commercial general liability; and (2) automobile liability, including owned, hired,
and non-owned automobiles. Each policy shall have a limit at least equal to the
maximum municipal liability limit in Section 466.04, subd. 1. If the policy contains a
general aggregate limit, the general aggregate limit shall not be less than double the
maximum municipal liability limit in Section 466.04, subd. 1.
ARTICLE XII
WITHDRAWAL
A Party may withdraw from this Agreement by providing written notice of its intent to
withdraw to the Statewide Committee Secretary. Withdrawal takes effect 60 days after
notice is sent.
ARTICLE XIII
INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable, Parties to this Agreement are encouraged to participate in
mutual aid and assistance activities conducted under the State of Minnesota
Intrastate Mutual Aid and Assistance Program and the Interstate Emergency
Management Assistance Compact (EMAC). Parties may voluntarily agree to
participate in an interstate Mutual Aid and Assistance Program for Utilities through
this Agreement if such a Program were established.
G:\MnWARN\MnWARN Mututal Aid Agreement.docx ~ 0
ARTICLE XIV
NEW MEMBERS
Other Governmental Units may be added to this Agreement upon approval of their
governing body as evidenced by adoption of the resolution attached as Exhibit I to
this Agreement and execution by the Governmental Unit's authorized
representatives. AGovernmental Unit shall not become a Party to this Agreement
until a certified copy of the resolution is received by the Statewide Committee
Secretary. The Statewide Committee Secretary shall maintain a master list of all
Parties to this Agreement.
ARTICLE XV
GENERAL PROVISIONS
MODIFICATION
A. Modification. No provision of this Agreement may be modified, altered or
rescinded by individual parties to the Agreement. Modifications to this Agreement
may be due to programmatic operational changes to support the Agreement.
Modifications require a simple majority vote of the Parties to this Agreement. The
Statewide Committee Secretary shall provide written notice to all Parties of
approved modifications to this Agreement. Approved modifications take effect 60
days after the date upon which notice is sent to the Parties.
B. Signatory Indemnification. In the event of a liability, claim, demand, action or
proceeding of whatever kind or nature arising out of a Period of Assistance, the
Parties who receive and provide Assistance shall indemnify and hold harmless
those Parties whose involvement in the transaction or occurrence that is the
subject of such claim, action, demand or other proceeding is limited to execution
of this Agreement.
C. Prohibition on Third Parties and Assignment of Rights/Duties. This Agreement is
for the sole benefit of the Parties and no person or entity shall have any rights
under this Agreement as a third-party beneficiary. Assignments of benefits and
delegations of duties created by this Agreement are prohibited and are without
effect.
D. Notice. A Party who becomes aware of a claim or suit that in any way, directly
or indirectly, contingently or otherwise, affects or might affect other Parties to
this Agreement shall provide prompt and timely notice to the Parties who may
be affected by the suit or claim. Each Party reserves the right to participate in
the defense of such claims or suits as necessary to protect its own interests.
E. Effective Date. This Agreement shall be effective after approval by the Parties'
governing body and execution by the Parties' authorized representatives.
G:\MnWARN\MnWARN Mututal Aid Agreement.docx ~ ~
F. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Minnesota.
G. Captions. Article and section headings contained in this Agreement are
included for convenience only and form no part of the Agreement among the
Parties.
H. Waivers. The waiver by a Party of any breach or failure to comply with any
provision of this Agreement by another Party shall not be construed as, or
constitute a continuing waiver of such provision or a waiver of any other breach
of or failure to comply with any other provision of this Agreement.
I. Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original, all of which shall constitute but one and the same
instrument.
J. Savings Clause. If any court finds any article, section or portion of this
Agreement to be contrary to law or invalid, the remainder of the Agreement will
remain in full force and effect.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the dates below.
The City Council of Golden Valley, Minnesota duly approved this Agreement on the 19tH
day of October 2010.
Linda R. Loomis, Mayor
Thomas D. Burt, City Manager
G:\MnWARN\MnWARN Mututal Aid Agreement.docx ~ 2
Golden Valley
~+_
Public Works
763-593-8030 / 763-593-3988 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. J. Agreement between Hennepin County, Minnesota Department of Transportation, and
the City of Golden Valley for Maintenance of Traffic Signals at TH100 and CSAH 40
Prepared By
Jeannine Clancy, Director of Public Works
Summary
In past years, the City of Golden Valley has entered into numerous agreements with
Hennepin County and the Minnesota Department of Transportation (Mn/DOT) for traffic signal
operation and maintenance. Earlier this year, Public Works staff completed a review and
inventory of these agreements. As a result of that review, it was identified that an agreement
for the operation and maintenance of the signal system for the ramps at TH 100 and CSAH
40 (Glenwood Avenue) had not been executed. It is in the best interest of the City, MnDOT
and Hennepin County to correct this deficiency.
In summary, the proposed agreement between the City, Hennepin County Public Works, and
MnDOT includes the following:
1. MnDOT will continue to be responsible for signal troubleshooting, controller
coordination, emergency vehicle pre-emption, and interconnect maintenance.
2. City staff will continue to be responsible for relamping, painting, and maintenance of
exterior cabinets, and providing power to the signals.
Attachments
Agreement No. 97240M between the Minnesota Department of Transportation, Hennepin
County Transportation Department, and the City of Golden Valley for maintenance and
operation of existing traffic control signals and street lights at TH 100 at Glenwood Avenue
(9 pages)
Resolution Authorizing Agreement No. 97240M Between the City of Golden Valley,
Minnesota Department of Transportation, and Hennepin County for Maintenance of Traffic
Control Signal Systems - TH 100 and Glenwood Avenue (1 page)
Recommended Action
Motion to adopt Resolution Authorizing Agreement No. 97240M Between the City of Golden
Valley, Minnesota Department of Transportation, and Hennepin County for Maintenance of
Traffic Control Signal Systems - TH 100 and Glenwood Avenue.
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 97240M
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE COUNTY OF HENNEPIN
AND
THE CITY OF GOLDEN VALLEY
FOR
Maintenance and Operation of the existing Traffic Control
Signals with Street Lights, Emergency Vehicle Pre-emption,
Signing, and Interconnect on Trunk Highway No. 100 at County
State Aid Highway No. 40 (Glenwood Avenue), East and West Ramps,
in Golden Valley, Hennepin County, Minnesota.
C.S. 2735
Prepared by Metropolitan District Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
None
AMOUNT ENCUMBERED
None
Otherwise Covered
PARTIES
THIS AGREEMENT is entered into by the Minnesota
Department. of Transportation, (State), the County of Hennepin,
(County), and the City of Golden Valley, (City).
~z+r-rmrr_e
Minnesota Statutes Section 161.20 authorizes the
Commissioner of Transportation to enter. into agreements with any
governmental authority for the purposes of constructing,
maintaining and improving. the Trunk Highway system.
The parties desire to provide maintenance and operation for
the existing traffic control signals, including street lights,
emergency vehicle pre-emption, signing, and interconnect
(Traffic Control Signals), on Trunk Highway No. 100 at County
State Aid Highway No. 40 (Glenwood Avenue), East and West Ramps.
Emergency Vehicle Pre-emption was previously installed at
the above locations in ,accordance with Agreement No. 80529R,
between the City and the State.
The County, City and the State will participate in the
maintenance and operation of the existing Traffic Control
Signals and Emergency Vehicle Pre-emption Systems.
CONTRACT
1. Due to County policy delegating minor traffic control
signal and luminaire maintenance to the City, the
responsibilities for the existing Traffic Control Signals are as
follows: a) The City will, at its cost and expense: (1)
replace the signal system L. E. D. indications and clean the
existing traffic control signals; (2) clean the exterior of the
controller and service cabinets; (3) re-lamp the street lights
and clean the luminaire mast arm extensions; and (4) maintain
the luminaires and all their components, including replacement
of the luminaire if necessary; and b) The State will, at its
cost and expense, maintain the signing and interconnect, and
perform all other traffic control signal and street light
maintenance.
2. The City will, at its cost and expense, pay all
monthly electrical service expenses necessary to operate the
existing Traffic Control Signals and Emergency Vehicle Pre-
emption Systems.
3. The existing EVP Systems will be maintained or removed
in accordance with the following conditions and requirements:
a) All maintenance of the EVP Systems, will be
performed by the State.
b) Emitter units may be installed only on
authorized emergency vehicles, as defined in
Minnesota Statutes Section 169.01,
Subdivision 5. Authorized emergency
vehicles may use emitter units only when
responding to an emergency. The City will
provide the State's Metropolitan District
Engineer or his/her designated
representative a list of all vehicles with
emitter units, upon request.
c) Malfunction of the EVP Systems must be
reported to the State immediately.
d) In the event the EVP Systems or its
components are, in the opinion of the State,
being misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after the City
receives written notice from the State, the
State may remove the EVP Systems. Upon
removal of the EVP Systems pursuant to this
Paragraph,, all of its parts and components
become the property of the City,
e) All timing of the EVP Systems will be
determined by the State.
4. All timing of the existing Traffic Control Signals
will be determined by the State, and no changes may be made
except with the approval of the State.
5. Each party will be solely responsible for, its own acts
and omissions, and the results thereof, to the extent authorized
by law. The State's liability is governed by the Minnesota Tort
Claims Act, Minnesota Statutes Section 3.736. The County's and
City's liability is governed by Minnesota Statutes Chapter 466
and other applicable law. Each party will be solely responsible
for its own employees for any Workers Compensation Claims.
6. Upon execution and approval by the County, the City
and the State, this agreement will supersede and terminate the
Emergency Vehicle Pre-emption maintenance and operation terms in
Agreement No. 80529R, Dated August 8, 2000, regarding the
intersection of Trunk Highway No. 100 at County~State Aid
Highway No. 40 (Glenwood Avenue), East and West Ramps, between
the City and the State.
7. Any amendment to this Agreement must be in writing and
will not be effective until it has been executed and approved by
the same parties who executed and approved the original
Agreement, or their successors in office,
8. If any party fails to enforce any provisions of this
Agreement, that failure does not waive the provision or its
right to enforce it.
9. This Agreement contains all negotiations and
agreements between the parties. No other understanding
regarding this Agreement, whether written or oral, may be used
to bind either party.
10. Minnesota law governs this contract. Venue for all
legal proceedings arising out of this Agreement, or its breach,
must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
11. This Agreement is effective on the date-the State
obtains all required signatures under Minnesota Statutes 16C.05,
Subdivision 2, and will remain in effect until terminated by
written agreement of the parties.
12. The State's obligation to perform any work, or to let
a Contract for the performance of the work referenced above, is
subject to the availability of funding from the Minnesota
Legislature or other funding source.
13. Authorized Agents
a. The State's Authorized Agent for the purpose of
the administration of this Agreement is Allan
Espinoza, Mn/DOT Metropolitan District Traffic
Engineering, or his successor. His current address
and phone number are 1500 West.County Road B2,
Roseville, MN 55113, (651) 234-7812.
b. The County's Authorized Agent for the purpose of
the administration of this Agreement is Jim Grube,
Hennepin County Engineer, or his successor. His
current address and phone number are 1600 Prairie
Drive, Medina, MN 55430, (612) 592-0300.
c. The City's Authorized Agent for the purpose of
the administration of this Agreement is Jeannine
Clancy, City of Golden Valley Public Works
Director or her successor. Her current. address
and phone number are 7800 Golden Valley Road,
Golden Valley, MN 55427, (763)593-8035.
HENNEPIN COUNTY
Approved:
By
Chair of its County Board Date
And
County Administrator Date
And
Assistant County Administrator, Date
Public Works
Approved as to form:
By
Assistant County Attorney Date
Approved as to execution:
By
Assistant County Attorney Date
Attest:
By
Deputy/Clerk of the County Board Date
Recommended for approval:
By Director, Transportation Department Date
and County Engineer
CITY OF GOLDEN VALLEY
By
Mayor
Date:
By.
Title.
Date:
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
Metropolitan District
Engineer
By
State Design Engineer
Date:
COMMISSIONER OF ADMINISTRATION As to form and execution:
As delegated to Materials
Management Division
By
By.
Contract Management
Date:
Date:
Resolution 10-63
October 19, 2010
Member introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AGREEMENT NO. 97240M
BETWEEN THE CITY OF GOLDEN VALLEY, MINNESOTA DEPARTMENT
OF TRANSPORTATION, AND HENNEPIN COUNTY FOR MAINTENANCE OF TRAFFIC
CONTROL SIGNAL SYSTEMS - TH 100 AND GLENWOOD AVENUE
BE IT RESOLVED that the City of Golden Valley enter into MnDOT Agreement
No. 97240M with the State of Minnesota, Department of Transportation for the following
purposes:
To provide Maintenance and Operation of the existing Traffic Control Signals with Street
Lights, Emergency Vehicle Pre-emption, Signing, and Interconnect on Trunk Highway 100
at County State. Aid Highway No. 40 (Glenwood Avenue), East and West Ramps, within the
corporate city limits of Golden Valley.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are authorized
and directed to sign the Agreement and any amendments to the Agreement.
Linda R. Loomis, Mayor
ATTEST:
Susan M. Virnig, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and her signature attested by the City Clerk.
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~PEO~^~gpY Public Safety
A s.lery
Police Department
763-593-8079 1763-593-8098 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
October 19, 2010
Agenda Item
3. K. Authorization to Sign Grant Contract with State of Minnesota for Highway Enforcement
of Aggressive Traffic (HEAT)
Prepared By
Mike Meehan; Operations Commander
Summary
The Police Department requests approval of the Minnesota for Highway Enforcement of
Aggressive Traffic (HEAT) Grant Contract with the Commissioner of Public Safety, State
Patrol Division.
The Police Department was awarded the HEAT Grant by the Minnesota State Patrol. The
Grant awards the Police Department up to $34,650 in compensation and reimbursement for
HEAT enforcement duties with no matching fund requirement to be incurred by the City. The
City is responsible for operating costs including the maintenance and repair of squad cars
used in the performance of the grant.
The HEAT program is scheduled for operations in two zones in Golden Valley. The first
enforcement zone is Highway 100 from I-394 to I-694 and will be conducted in conjunction
with the Minnesota State Patrol. The other enforcement zone is Douglas Drive from Highway
55 to West Broadway and will be conducted in conjunction with the Crystal Police
Department.
Recommended Action
Motion to authorize the Mayor and City Manager sign the Highway Enforcement of
Aggressive Traffic (HEAT) Grant Contract with the State of Minnesota, Commissioner of
Public Safety, State Patrol Division for the state fiscal year of October 1, 2010 through
September 30, 2011.