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agenda packet (entire)AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber January 18, 2011 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 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 -December 7, 2010 B. Approval of Check Register C. Licenses: 1. Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota D. Minutes of Boards and Commissions: 1. Planning Commission - December 13, 2010 2. Environmental Commission - November 22, 2010 E. Bids and Quotes: 1. Front -End Loader with Attachments - Quotes 2. V -Box Sander - Quotes 3. Fuel Management Software and Fuel Pumps - Quotes F. Letters, Emails and /or Petitions 1. Email from Karen Utt Regarding Resignation from Environmental Commission G. Proclamation for Go Red for Women Day - February 4, 2011 H. Council Liaisons and Other Assignments I. Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code for City's 2012 Pavement Management Program 11 -2 J. Approval of 2011 Pay Equity Implementation Report K. Authorization to Sign Contract with Barr Engineering for Stormwater Modeling and Flood Mitigation Analysis - DeCola Ponds Area L. Approval of Change in Precinct 7 Polling Place 11 -3 M. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2010 Audit Services N. Annual Election for 2011 Insurance Policy 11 -4 4. PUBLIC HEARINGS 7 PM A. Public Hearing - Preliminary Plat Approval - 5360 and 5380 Lowry Terrace 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications ADJOURNMENT Golden galley Memorandum Finance 763- 593 -8013 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 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 of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. of Memorandum City Administration /Council 763- 593 -8006 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. C. 1. Gambling License Exemption and Waiver of Notice Requirement - Open Arms of Minnesota 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 Open Arms of Minnesota 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 Open Arms of Minnesota. Minnesota Lawful Gambling Page 1 of 2 7/10 Application fee for each event _G220 Application for Exempt Permit Ifa lication oos t marked orreceived: less than 30 days before the event more than 30 days before the event An exempt permit may be issued to a nonprofit organization that: - 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 Type of nonprofit organization. Check one. Fraternal Religious 0 Veterans Other nonprofit organization Mailing address City State Zip Code County s S`-1 a -1 �- ►�`'� Name of chief executive officer (CEO) Daytime phone number Email ' ,) ress `2 t' 1 f✓ l 1 ` cb Z_ 1 Z c rY�c trS M L� Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. F-1 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. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use P-0 box) ity Zip Code County C- ��\�0._f a-� }-ae n►\ Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* Raffles ❑ Paddlewheels* ❑ Pull -Tabs ❑ Tipboards* * Gamblin 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 click on List Reset Form' of Licensed Distributors, or call 651 - 639 -4000. LG220 Application for Exempt Permit Page 2 of 2 1/10 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. xThe application is acknowledged with no waiting period. The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). days. _The application is denied. The application is denied. �6fi �!`� Print county name Print city name On behalf of the county, / acknowledge this application. On behalf of the city, I acknowledge t is application. Signature of county official receiving application nat re of ity_offirial re e'ving application Title Date / / j Y7 / (Optional) TOWNSHIP: On behalf of the township, I that the organization is applying for exempted gambling Ti W Date / / acknowledge 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 CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. t acknowledge that the financial report will be completed and returned t p the rd within 30 days of the date of our gambling activity. phief executive officer's signature - Date//y /// Complete a separate application for each gambing 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.gcb.state.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 Print form Reset Form 1711 West County Road B, Suite 300 South Roseville, MN 55113 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 specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. January 5, 2011 Judy Nally City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Judy: Open Arms of Minnesota will host our annual fundraising event, Moveable Feast, at the Golden Valley Country Club on Thursday, May 19, 2011. We are requesting permission to hold a raffle at this event and respectfully request that the City Council waive the customary 30 -day waiting period for the exemption for lawful gambling permit required for this type of event. Thank you for your consideration. Sincerely, Nancy Benedict Event Director Open Arms of MN Regular Meeting of the Golden Valley Planning Commission December 13, 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, December 13, 2010. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. 1. Approval of Minutes October 25, 2010 Regular Planning Commission Meeting MOVED by Eck, seconded by McCarty and motion carried unanimously to approve the October 25, 2010 minutes as submitted. 2. Informal Public Hearing — Minor Subdivision — 5360 and 5380 Lowry Terrace — SU03 -01 Applicant: David and Sandra Raley Address: 5360 and 5380 Lowry Terrace Purpose: The applicants are requesting that the property line between the two properties be moved 9 feet to the east Grimes referred to a survey of the properties and explained that the applicant, who owns both properties, is proposing to move the lot line between the properties 9 feet to the east. He stated that both properties after subdividing will meet all of the City's requirements. Cera asked why the applicant is subdividing the properties. Grimes said he thought it was due to a pond that is located on the existing property line. Kluchka asked if the lots would be big enough to divide again in the future. Grimes said no because corner lots need 100 feet of frontage. Segelbaum noted that the new lot line will make the house on Lot 4 (5360 Lowry Terrace) be right at the 15 -foot setback line. He expressed concern about the applicant creating a hardship for future homeowners wanting to construct an addition on the west side of the house. Grimes agreed that the existing home on Lot 4 could not add a second story because the side yard setback wouldn't be big enough, but other additions could be made to the house without requiring variances. Kluchka asked how future homeowners would be informed that an addition could not be constructed on the west side of the house on Lot 4. Minutes of the Golden Valley Planning Commission December 13, 2010 Page 2 Grimes said the history of the property would be located in City files and the City tries to educate people about setback requirements, but ultimately it is buyer beware. Cera asked what the size of the lots would be after they were subdivided. Grimes stated that one lot would be approximately 19,000 square feet and the other lot would be approximately 16,000 square feet. David Raley, 5380 Lowry Terrace, Applicant, stated that he has a pond on his property and he would like to move the lot line because he doesn't want to infringe on the adjacent property when mowing or doing maintenance. Waldhauser asked about the age of the homes. Raley stated that both homes were moved onto the lots approximately 9 years ago. Segelbaum asked the applicant if he has any plans to construct an addition on the west side of the house at 5360 Lowry Terrace. Raley said no. Waldhauser reiterated that the implications of making Lot 4 narrower would not impact the City, but it may impact future homeowners. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Segelbaum stated that he realizes a subsequent homeowners proposal would stand on its own merit but he questioned if there is a way to note that if a future homeowner at 5360 Lowry Terrace were to ask the Board of Zoning Appeals for a variance it would more than likely be denied because the hardship would have been created by the property owner. Waldhauser said she doesn't think it's the Planning Commission's place to protect future homeowners. Grimes noted that conditions have been placed on subdivisions in the past regarding new construction but it would be difficult to place conditions on a proposal like this. MOVED by Eck, seconded by McCarty and motion carried unanimously to recommend approval of the minor subdivision request for the properties located at 5360 and 5380 Lowry Terrace subject to the following: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's email, dated November 24, 2010, shall become part of this approval. 3. The Proposed Sketch, submitted by the applicants, dated March 18, 2002, shall become part of this approval. Minutes of the Golden Valley Planning Commission December 13, 2010 Page 3 3. Informal Public Hearing — Planned Unit Development Amendment — Final Design Plan — 6800 Wayzata Boulevard — Menards — PU -75, Amendment #3 Applicant: Menard, Inc. Address: 6800 Wayzata Blvd. Purpose: The applicant is proposing the replacement of the existing Menards store with a new 2 -story Menards home improvement center. Grimes reminded the Planning Commission that they reviewed and recommended the approval of the Preliminary Plan for this proposal in October. The City Council approved the Preliminary Plan in November and now the applicant is back with the Final Plan proposal. He explained that the Planning Commission's role is to decide if the Final Plan is consistent with the Preliminary Plan approved by Council. Grimes referred to a site plan and noted that Menards has made several of the changes suggested by the Planning Commission and the City Council including: creating landscape islands, providing a bicycle parking area, increasing landscaping on the rear and sides of the building and adding approximately 26 parking spaces to the rear of the building to be used if needed. Grimes noted a discrepancy in the plans and the staff report regarding the finish used on the exterior. He said his understanding is that the front of the building will be buff colored, brick stamped concrete panels. The sides will be buff colored, raked concrete panels and the back will be gray colored, raked concrete panels. Because the back of the building will not be visible from the street, the standard gray panel is acceptable. Grimes referred to the City Council's suggestion that a sidewalk be added along Hampshire Ave. He explained that upon review, staff does not feel a sidewalk in that location would be in the City's best interest because of topography issues and the railroad crossing. It is also not identified on the City's sidewalk plan and would reduce the amount of water infiltration and take away from the storm water management efforts being proposed. Grimes referred to the City Council's condition that snow storage shall not be allowed on the site. He stated that Menards is asking that snow storage be allowed unless parking becomes an issue, then snow would be removed. Waldhauser questioned if snow storage is also an aesthetic or a visibility issue. Grimes said it is a parking issue. Eck said he is skeptical of the adequacy of the amount of parking being proposed. He said he has been to Menards several times and the parking lot has been almost full. He also questioned how customers would know about the spaces available in back of the building. Kluchka stated that the parking spaces in the back of the building would only be used for employee parking if needed; it would not be used for customer parking. Segelbaum questioned if the parking lot is being used as efficiently as possible. He asked if there is a Minutes of the Golden Valley Planning Commission December 13, 2010 Page 4 reduction in the number of parking spaces from what is currently there. Grimes stated that there are approximately 20 more parking spaces in this proposal. Eck asked why staff is recommending that snow storage be allowed if there are no issues with parking when the City Council said there shall be no snow storage allowed. Grimes explained that Menards asked that the condition be changed to allow snow storage unless there is a problem with parking and staff agreed that their request could go before the Planning Commission for review however, he agrees with the Council that there should be no snow storage allowed. Aaron Morrissey, Real Estate Representative, Menard, Inc., Applicant, showed pictures of the color and the texture of the concrete they are proposing to use. He explained how the back of the building would not be visible when looking from the south to the north. He referred to the site plan and noted the area that could be used for employee parking if necessary. Kluchka said he has a significant concern about the view when driving to Menards from the west. He said it will look like a gray box and he doesn't see that there was any design attention paid to making the southwest corner of the store more pleasing. He suggested a plaza approach or something that matches the garden center area or another way to make "the box" more transparent so it doesn't look like a box or a warehouse. Morrissey stated that the Council had similar concerns and pointed out that only a small corner of that fagade will be visible and there will be trees and fencing in that location as well. He said he is not sure Menards would be willing to change their prototype. Kluchka said the design doesn't address the human scale and because this property is a major focal point he doesn't think it is responsible to have the design look so stark. Morrissey explained that they can't mimic the garden center area on the west side of the building because they are using that area for pallet racking storage. He referred to the site plan and pointed out the pallet storage areas. Kluchka asked Morrissey to address the snow storage issue. Morrissey said he thought the snow storage issue could be handled the same as the parking issue. If there becomes a parking issue then they will remove the snow. McCarty said that if the Council has already said there should be no snow storage allowed than there should be no storage allowed. Grimes agreed. Kluchka added that mounds of snow won't increase the aesthetic appeal in the corridor. Morrissey said his understanding was that the City Council's concern regarding snow was parking, not aesthetics. Grimes reiterated that it is the Planning Commission's job to find if this Final Plan proposal is consistent with the Preliminary Plan already approved by the City Council. Kluchka suggested adding a condition of approval that Menards will have to have a parking plan in place regarding how they are going to handle their parking on busy days. Waldhauser referred to pedestrian navigation within the parking lot and suggested a sidewalk be installed back to Laurel along the west side. Morrissey said there is not enough room on the west side of the site to add a sidewalk. Waldhauser questioned the size of the existing pylon sign and said she thought a two story building would provide enough visibility. Morrissey said there will be 381 square feet of signage on the building and the pylon sign is 150 square feet. Minutes of the Golden Valley Planning Commission December 13, 2010 Page 5 Waldhauser referred to the landscaping plan and suggested more trees be placed at the front of the store. McCarty said he appreciates Menards adding a second access on Hampshire. He addressed the issue of aesthetics and said getting rid of the flags, logo and wood columns would be a cost savings and get rid of the "woodsy" look and be more like the Eden Prairie store. He added that this is in the Mixed Use zoning district and is competing with the new West End development in St. Louis Park. Morrissey explained that this front facade is identifiably Menards and is Menards preferred elevation. He added that this store is similar to the Eden Prairie store. Schmidgall agreed that the flags, logos and columns are a part of Menards identity and signage. McCarty said he understands that, but he would strongly encourage that the prototype look be changed. Waldhauser showed a photo of different building that she feels is attractive and also encouraged Menards to update their look. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Kluchka suggested a condition be added as follows: an overflow parking plan shall be filed with the City that proactively redirects customers to legal options to include the employee use of deferred parking spaces. He also suggested there be some communication plan to acknowledge the innovative storm water management that Menards is proposing. Grimes added that the Bassett Creek Watershed Commission may like to coordinate with Menards as well. Waldhauser referred to the conditions of approval in the staff report and summarized that condition number six should be modified to state that there shall be no snow storage. Condition number seven should be modified to state that the buff color being proposed shall be used on the front and sides of the building, however, only the front will be brick stamped. The sides and rear can be raked concrete. She added that she would also like to add a condition to consider a more attractive facade on the southwest corner. Kluchka said he voted no on the Preliminary Plan because it did not meet four of the narrative conditions and he will be voting the same way for this plan to reiterate that point. He said he believes the use of architectural detail would have significant appeal and draw people to the area. McCarty said he understands the Planning Commission's vote is not design oriented but rather to affirm that the Final Plan conforms to the Preliminary Plan approved by the City Council. He said he believes the Final Plan does conform to the approved Preliminary Plan but he has issues with the design and the use of the site. MOVED by Waldhauser, seconded by Segelbaum and motion carried 6 to 1 to recommend approval of the Final Design Plan for Menards PU -75, Amendment #3 with the following conditions. Kluchka voted no. The plans submitted with the application shall become a part of this approval. These plans were prepared for Menards and include the following: existing pylon sign, front, Minutes of the Golden Valley Planning Commission December 13, 2010 Page 6 rear, right, and wrought iron fence elevations, warehouse elevations, land survey, grading, drainage and erosion control plan, demolition plan, and utility plan. 2. All recommendations and requirements set out in the memos from City Engineer Jeff Oliver, PE to Mark Grimes, Director of Planning and Development dated October 5, 2010 and December 6, 2010 shall become a part of this approval. 3. All recommendations and requirements set out in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 1, 2010 shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. The existing pylon sign may remain but cannot be moved or expanded. 5. If the amount of parking on the site is inadequate as determined by Menards management or the City Manager, Menards will take immediate steps to implement a plan (which may include off -site parking and the conversion of a portion of the outside yard area to the north or east of the store building to create additional parking as noted on the plans). 6. No snow storage shall be allowed on the site. 7. The precast panels on the sides of the building shall be the same buff aggregate color as the panels on the front facing Wayzata Boulevard. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. - -Short Recess -- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Waldhauser gave a report on the Bottineau Transitway open house held on November 29, 2010 at St. Margaret Mary's church. 5. Other Business Waldhauser said she would like the Commissioners to be thinking about issues that could be added to a Planning Commission work plan she is working on. Grimes invited the Planning Commission to attend the January 11 Council /Manager meeting where there will be a presentation on senior housing. 6. Adjournment The meeting was adjourned at 9:05 pm. Lester Eck, Secretary GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes November 22, 2010 Present: Commissioners, Anderson, Baker, Gitelis, Hill, Pawluk, Stremel, Al Lundstrom, Environmental Coordinator and Lisa Nesbitt, Administrative Assistant Absent: Commissioner Utt 1. Call to Order Baker called the meeting to order at 7:00 pm. 2. Approval of Regular Meeting Minutes — October 25, 2010 Baker requested that "...then will present all the recommendations to Council at one time" be removed from the first sentence. MOVED by Stremel, seconded by Hill, and the motion carried unanimously to approve the minutes of the October 25, 2010 meeting as amended. 3. Residential Solid Waste and Recycling Study Baker reported on the City of Fridley's Environmental Commission solid waste study meeting. Four haulers attended the meeting and answered questions from the commission. Gitelis and Baker reported on the information they gathered regarding additional recycling opportunities. Baker spoke to Peder Sandhei from the MPCA regarding plastics recycling. Clam shells are difficult to recycle due to the type of material they are made of. Sandhei suggested that commercial recycling should be explored further and that there be an educational component to the City's recycling program. Sandhei indicated that he was sent a copy of the City's current recycling contract (by staff) and would be sending his comments to staff soon. MPCA has a model recycling RFP. Baker will send the link to the model, to staff. Staff will provide a copy of the current contract to the commission. Gitelis reported on sustainability. She handed out information on zero waste and extended producer responsibility. Lundstrom reported that the cities of Plymouth, Minnetonka and Golden Valley would be meeting soon to discuss the recycling contract. 4. 2011 Meeting Schedule MOVED by Gitellis, seconded by Stremel, and the motion carried unanimously to approve the 2011 meeting schedule. All meetings will be the fourth Monday of the month with the exception of December when the meeting will be on the second Monday of the month. 5. Program /Project Updates A. TMDL - The City Engineer prepared a memo with the status of each TMDL. The report was given to the commission. B. 1/1 —no update. C. Private Development Update — 1 . Menards is moving forward. 2. Cloverleaf development — there is one home on a large lot in the south east corner of highways 100 and 55. The lot was purchased by a developer who will be splitting the lot to build two homes. 3. There will be an open house on November 29 at St. Margaret Mary Catholic Church, to highlight the Bottineau Transitway LRT planning study. Environmental Commission November 22, 2010 Page 2 6. Commission Member Council Reports None 7. Other Business The next meeting is December 13th; Anderson will not be able to attend but the other commissioners will be there. 8. Adiourn MOVED by Hill, seconded by Anderson, and the motion carried to adjourn. The meeting adjourned at 8:30pm. The next scheduled meeting will be December 13, 2010 at 7:00 pm. "Golden V allev Memorandum Public Works 763- 593 -8030 / 763- 593 -3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. E. 1. Purchase One Caterpillar Front -End Loader and Attachments Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2011 -2015 Capital Improvement Program (CIP) includes $205,000 for the purchase of one front -end loader and attachments (V &E -067, page 42). The City's existing front -end loader meets replacement criteria set forth in the City's vehicle replacement policy and Vehicle Condition Index (VCI). The VCI index is a tool utilized to assess all vehicles and equipment scheduled for replacement and any vehicle /equipment scoring 28 points and above meets the category of "Needs Immediate Consideration." The front -end loader due for replacement scored 55 points. The purchase will be made from Ziegler Caterpillar through State of Minnesota Contract 443866. The transaction includes trade -in of two pieces of equipment. Staff has determined that there is a very limited need for a motor grader, and recommends that the equipment is traded in at this time. The contract is on file in the Vehicle Maintenance Division. The Minnesota Materials Management Division has awarded the following contract: Contract No. I Item I Vendor Amount 443866 1 Cat 938H Front -End Loader and Equi ment I Zeigler Cat $216,293.00 Trade in 1998 Cat 950 F Front -End Loader $55,000.00) Trade in 1997 140H Cat Motor Grader $110,000.00 Subtotal $51,293.00 Tax $3,526.39 TOTAL PURCHASE $54,819.39 Recommended Action Motion to authorize the purchase of one Caterpillar 938H front -end loader and attachments from Zeigler Caterpillar for $54,819.39. "Golden galley Memorandum Public Works 763 - 593 -8030 1763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. E. 2. Purchase One V -Box Sander Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2011 -2015 Capital Improvement Program Storm Sewer budget includes $23,000 and $20,000 for the purchase of two V -Box Sanders (SS -025 and SS -026, page 104). The Storm Sewer Equipment budget allows $43,000 for the purchase of two V -box sanders for the Public Works Department. This new V -box sander will be utilized on tandem axle truck. The goal of the department is to reduce, to the extent practicable, the amount of chemical placed on the street for snow and ice control. In turn, this assists in meeting water quality goals established for lakes and streams, and is an element of the City's NPDES stormwater permit. The Public Works Department is proposing to purchase one V -box sander fitted with a tandem axle truck hook system. The new V -box sander will be set up to complete anti - icing, pre -wet de- icing, and dry application de- icing. Anti -icing is the application of liquid de -icing directly to dry pavement prior to a storm event. This type of de -icing reduces the amount of chemical required to remove ice and snow pack from minor atrial and collector streets. Pre - wet de -icing is the application of liquid de -icer to granular material (salt or salt sand) which increases the effectiveness of dry de -icer chemicals while reducing the pounds per mile of required de -icer to achieve safe travel. The V -box sander is also able to apply dry untreated de -icer if needed. The addition of the V -box sander will reduce the amount of de -icing chemicals required during and after a snow event. The purchase will be made under the State of Minnesota Contract 44028, Aspen Equipment: Contract No. I Item I Vendor Amount 44028 Henderson Model Taskforce 15' 1 Aspen Equipment $36,820.00 Tax $2,531.38 TOTAL PURCHASE $39,351.38 Recommended Action Motion to authorize the purchase of one Henderson Model Taskforce 15 -foot V -Box Sander from Aspen Equipment for $39,351.38. )Go, a Cit lden glley Memorandum Public Works 763- 593 -8030 / 763- 593 -3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. E. 3. Purchase Fuel Management Software and Fuel Pumps Prepared By Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager Steve Loomis, Vehicle Maintenance Foreman Summary The 2011 -2015 Capital Improvement Program includes $18,000 for the purchase of fuel management software (V &E -113, page 53) and $25,000 for the purchase of new fuel pumps (V &E -114, page 53) for a total of $43,000. Located in Public Works, the existing fuel management system, which serves all City vehicles and departments, no longer works properly. The system has to be operated manually to retrieve stored information for gas usage reports. This system tracks mileage, helps with maintenance reports, and is required for proper department fuel usage expenditures. The existing fuel pumps are 30 years old and require frequent repairs. In 2010, one fuel pump failure caused a reportable fuel spill. The existing fuel management software tracks fuel transactions and reports for 185 pieces of equipment. The system has not been operating as designed and requires manual transfer of important fuel transaction information. Transaction information is required for maintenance and billing. Fuel management software also is not compatible with newer computer operating systems and is obsolete and undependable. The fuel pumps have exceeded their life expectancy and are due for replacement. Replacing the fuel management software and fuel pumps as one project reduces the City's cost by coordinating a complete fuel system upgrade. The fuel management software and fuel pumps are not on the Minnesota Materials Management Division Contracts. Public Works staff received the following quotes for the replacement of the fuel management software and fuel pumps: Vendor I Item Amount Murphy Properties Gasboy Fleet Key Installed $16,550.00 Murphy Properties Gasboy 9853 KXTW dispenser with high hose retractor $23,630.00 Subtotal $40,180.00 Tax $2,762.38 Murphy Properties TOTAL PURCHASE $42,942.38 Vendor I Item Amount Westside Equipment Gasbo Fleet Key Installed $14,600.00 Westside Equipment Gasboy 9853 KXTW dispenser with high hose retractor $23,670.00 Subtotal $38,270.00 Tax $2,631.06 Westside Equipment TOTAL PURCHASE $40,901.06 Recommended Action Motion to approve purchase and installation of Gasboy Fleet Key software system and Gasboy fuel dispensers from Westside Equipment in the amount of $40,901.06. Golden Valley Memorandum Public Works 763 - 593 -8030 / 763- 593 -3988 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. F. 1. Environmental Commission Member Resignation Notice Prepared By Jeannine Clancy, Director of Public Works Summary On Monday, January 3, 2011, the Environmental Commission was notified that Karen Utt is resigning from the Commission due to a job change and relocation. Ms. Utt was appointed to the Environmental Commission on May 18, 2010, and her resignation is effective immediately. Attachments Resignation notice from Karen Utt via email to Lisa Nesbitt, dated December 20, 2010 (1 page) Recommended Action Motion to receive and file the email from Karen Utt notifying the Environmental Commission of her resignation effective immediately. Clancy, Jeannine From: Karen Utt [karenutt @gmail.com] Sent: Monday, December 20, 2010 11:01 AM To: Nesbitt, Lisa Cc: Clancy, Jeannine; Lundstrom, Al; anderbake @comcast.net Subject: Re: Extra E.C. Meeting I am sorry too. We really like living in Golden Valley. Leaving is a very hard decision to make. On Mon, Dec 20, 2010 at 11:59 AM, Nesbitt, Lisa <LNesbittkgoldenvalleymn.gov> wrote: Sorry, to hear we will be losing you Karen. Good luck in your new position. From: Karen Utt [mailto:karenuttngmail.com] Sent: Monday, December 20, 2010 10:58 AM To: Nesbitt, Lisa Subject: Re: Extra E.C. Meeting Lisa, Unfortunately, January 3rd will be my first day of work at TVA. Conservis went through a strategic reorganization and I was recently presented with the TVA opportunity. After studying my options, I have decided to take a new job in Chattanooga and will be relocating -- although my family will be staying in Golden Valley (probably until Spring) until we sell our house. As a result, I will need to resign my position. We are very sad to be leaving Golden Valley. I had wanted to announce these changes at out next meeting, but it appears the timing is not working out for me to do so. Karen On Mon, Dec 20, 2010 at 8:51 AM, Nesbitt, Lisa <LNesbitt o goldenvalleymn.gov> wrote: Hi Karen, I am checking to see if you will be able to make it to the extra Environmental Commission meeting on Monday January 3`d. It is very close as to whether we will have a quorum that night so would appreciate hearing from you as soon as possible. Thanks Karen Lisa Nesbitt City of Golden Valley 7800 Golden Valley Road 1 Golden Valle, MN 55,U7 763 -593 -3962 (direct) j 763 -593 -9024 (Fax) ; 763-;;9; -3968 (TTY) I Ines bitt(i�gol deny alleymn gov Golden galley Memorandum Council 763- 593 -3990 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. G. Proclamation for Go Red For Women Day Prepared By Linda Loomis, Mayor Summary Attached you will find a letter from Kim Rottmann, our representative on the Northwest Hennepin Human Services Council Advisory Commission (NWHHSC). The City of Brooklyn Center has requested member cities to support their Centennial by joining with them to proclaim February 4 as Go Red for Women Day. Attachments Letter from Kim Rottmann, dated November 24, 2010 (2 pages) Proclamation for Go Red For Women Day - February 4, 2011 (1 page) Recommended Action Motion to receive and file the letter from Kim Rottmann, dated November 24, 2010 regarding Go Red for Women Day. Motion to adopt the Proclamation for Go Red For Women Day. November 24, 2010 Mayor of Golden Valley Linda R. Loomis 7 800 Golden Valley Rd Golden Valley, MN 55427 Dear Linda,_ I am writing you today because I am on the Northwest Hennepin Human Services Council Advisory Commission representing Golden Valle. I was appointed to this position this past July. At our last meeting, November 18', the advisory commission was asked by an advisory commission member of the city of Brooklyn Center to forward the enclosed letter, a brochure "The Heart Truth" and a proposed Proclamation and to request the City of Golden Valley to join with them in celebrating Brooklyn Center's 100th birthday in 2011 with a state wide GO RED campaign on February 4"' 2011. I think it is worthy effort ..... to improve awareness of women and heart disease to the residents of Golden Valley. I hope you will honor this request and support this educational effort. Thank you for your time in this matter. Best regards, -- Kim A. Rottmann v Dear Mayor and City Council of neighboring Cities in the State of Minnesota, Brooklyn Center's Centennial year is 2011. One of the Centennial initiatives is a City wide GO RED campaign for Women's Heart Health on February 4, 2011. We are requesting neighboring Cities in the State of Minnesota join the City of Brooklyn Center in celebrating its 1001h Birthday with a state wide GO RED campaign on February 4, 2011 with each Cities Proclamation to GO RED. By taking this action you will greatly enhance the efforts to improve awareness of women and heart disease in conjunction with Brooklyn Center, The Go Red For Women® campaign and The Heart Truth campaign. Only 69 percent of women know that heart disease is their leading cause of death and most fail to make the connection between its risk factors, such as high blood pressure and high cholesterol, and their personal risk of developing heart disease. The Go Red For Women® campaign, sponsored by the American Heart Association, and The Heart Truth campaign, sponsored by the National Heart, Lung, and Blood Institute (NHLBI), part of the National Institutes of Health (NIH), U.S. Department of Health and Human Services (HHS), in partnership with The Office on Women's Health (OWH) and other groups committed to the health and well -being of women, are building awareness of women's heart disease on a local and national level. By reaching women with important heart health messages in community settings through a diverse network of national and grassroots partner organizations, we empower women to reduce their risks. Please join Brooklyn Center's initiative and help us spread the word. Your support will send a clear message to the women of Minnesota that protecting their heart health is important to them, their families, and their communities. Sincerely, Sharon Kephart Co Chair GO RED campaign Brooklyn Center Centennial Committee I have included a copy of the proposed Proclamation for your office to use as a template. Please feel free to add or adjust it as you see necessary. You can contact me at skhello @tcq.net or 763- 772 -5014. Thank you. f110111107, , 0? " the past, ' /. ",b at the present, i,771(1 (1171.e the future 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 ` 763.569.3400 <- ci tAbrooklyn center. org CITY OF GOLDEN VALLEY PROCLAMATION FOR GO RED FOR WOMEN DAY FEBRUARY 4, 2011 WHEREAS, February is designated as American Heart Month; and WHEREAS, Go Red For Women® is the American Heart Association's national call to increase awareness about heart disease -the leading cause of death for women -and to inspire women to take charge of their heart health to reduce that risk; and WHEREAS, heart disease is the #1 killer of women over age 20 and diseases of the heart are the nation's leading cause of death and stroke is the third leading cause of death; and WHEREAS, in 2010, the direct and indirect cost of cardiovascular diseases in the U.S., including stroke, is estimated at $503.2 billion; and WHEREAS, 90% of women have one or more risk factors for developing heart disease, but only one in five women consider cardiovascular disease their greatest health risk; and WHEREAS, the risk factors for heart disease are smoking, high blood pressure, high cholesterol, overweight/obesity, physical inactivity, diabetes, a family history of early heart disease, and age; and WHEREAS, eighty percent of cardiac events in women may be prevented if they make the right choices for their hearts, involving diet, exercise and abstinence from smoking. WHEREAS, all women should learn their own personal risk for heart disease, using tools such as the American Heart Association's Go Red For Women® Heart Check up, Go Red For Women ® Better U and by talking to their healthcare provider; and WHEREAS, Minnesota women need to take action to make heart health a priority for themselves and their families, become aware of their heart disease risk, and take action to control their risk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley in recognition of the importance of the ongoing fight against heart disease and stroke, does hereby proclaim Friday, February 4, 2011 to be Go Red for Women Day in Golden Valley, Minnesota. BE IT FURTHER RESOLVED that the City Council urges all citizens, businesses, and organizations to show their support for women and the fight against heart disease by wearing Red and promoting Go Red initiates throughout the City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 18th day of January 2011. Linda R. Loomis, Mayor Golden galley Memorandum City Administration /Council 763- 593 -3990 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. H. Council Liaisons and Other Assignments Prepared By Linda R. Loomis, Mayor Summary Each year the Council assigns Council Members to serve as representatives on various Committees and Subcommittees. These appointments are for a one year term. Council Liaisons Board of Zoning Appeals Civil Service Commission Environmental Commission Human Rights Commission Human Services Foundation Open Space and Recreation Commission Planning Commission Other Assignments Bottineau Transitway Policy Advisory Committee Golden Valley Historical Society Board Member Hopkins School District 270 Cities Joint Monthly Meetings Joint Water Planning and Governance Task Force Legislative Liaison and Spokesperson Metro Cities Northwest Hennepin Human Services Council Executive Board Northwest Suburbs Cable Communications Commission Robbinsdale School District 281 Government Advisory Committee Recommended Action Motion to make the appointments as listed above. Shaffer, Loomis Freiberg Pentel, Loomis Scanlon, Freiberg Scanlon, Pentel Scanlon, Shaffer Pentel, Shaffer Pentel Freiberg Loomis Loomis Loomis Shaffer, Delegate Loomis, Alternate Pentel Freiberg Scanlon Golden galley Memorandum Finance 763- 593 -8013 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. I. Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code for City's 2012 Pavement Management Program Prepared By Susan Virnig, Finance Director Summary The following resolution will allow the city to be reimbursed for expenditures related to the 2012 City Pavement Management Program. This reimbursement agreement will allow the City to make expenditures for this project and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the project. Attachments Resolution Relating to the Financing of the City's 2012 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (3 pages) Recommended Action Motion to adopt Resolution Relating to the Financing of the City's 2012 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Resolution 11 -2 January 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE FINANCING OF THE CITY'S 2012 PAVEMENT MANAGEMENT PROGRAM; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the "City "), as follows: Recitals. (a) The Internal Revenue Service has issued Section 1.150 -2 of the Income Tax Regulations (the "Regulations ") dealing with the issuance of bonds all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to the projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake a pavement management program in 2011, consisting of the improvement of the City streets identified on Exhibit A hereto (collectively, the "Project "), and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for the Project, in one or more series, in an amount not to exceed $5,500,000. (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150- 2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150- 2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing Project paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. Resolution 11 -2 - Continued January 18, 2011 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the Project, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's Finance Director shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the Project. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 11 -2 - Continued EXHIBIT A 2012 PAVEMENT MANAGEMENT STREET LIST: • Circle Down: Turners Crossroad South to cul -de -sac • King Hill Road: Glenwood Avenue to King Creek Road • King Creek Road: King Hill Road to Glenwood Avenue • Welcome Avenue North: Golden Valley Road to Phoenix Street • Welcome Circle: Welcome Avenue North to Phoenix Street • Phoenix Street: Welcome Circle to TH 100 Frontage Road January 18, 2011 Golden VailPIT . Memorandum City Administration /Council 763 - 593 -8096 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. J. Approval of 2011 Pay Equity Implementation Report Prepared By: Chantell Knauss, Assistant City Manager Summary Attached is the 2011 Pay Equity Implementation Report for the City. The City is required to file this report every three years in order to comply with the requirements of the 1984 Local Government Pay Equity Act (LGPEA). The report must be submitted to the Minnesota Department of Employee Relations (DOER) by January 31, 2011. In 1984 the Minnesota Legislature passed a "Comparable Worth" law. The purpose of this law was to reduce the perceived wage disparity between government jobs held largely by males and those predominantly held by females. Each local government jurisdiction must periodically submit a Pay Equity Implementation Report, as provided by Minnesota Statutes, Section 471.9981, to determine whether it is in compliance with the law. This report is based upon the employees hired and salaries paid as of December 31, 2010. Attached is a copy of the report that the City must send to Minnesota Management and Budget (MMB). Please be aware that the maximum salaries include the maximum city contribution for insurance as required by MMB. Actual salaries and actual insurance may vary from this amount. Attachments 2011 Pay Equity Implementation Report (7 pages) Recommended Action Motion to approve and authorize the Mayor to sign the Pay Equity Implementation Report. Adoption of this motion will allow the City to submit its Pay Equity Implementation Report by January 31, 2011, as required by state law. Compliance Report Jurisdiction: Golden Valley Report Year: 2011 7800 Golden Valley Road Case: 1 - 2010 DATA (Private (Jur Only)) Golden Valley MN 55427 Contact: Chantell Knauss Phone: (763) 593 -8096 E -Mail: cknauss @goldenvalleymn.gov The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts 11, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION 11. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 174.49 Male Female Classes Classes a. # At or above Predicted Pay 22 13 b. # Below Predicted Pay 27 6 c. TOTAL 49 19 d. % Below Predicted Pay 55.10 31.58 (b divided by c = d) *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T -test Results Degrees of Freedom (DF) = 139 Value of T = -4.181 a. Avg. diff. in pay from predicted pay for male jobs = $72 b. Avg. diff. in pay from predicted pay for female jobs = $505 III. SALARY RANGE TEST = 100.53 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 4.02 B. Avg. # of years to max salary for female jobs = 4.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP 14.29 B. % of female classes receiving ESP 0.00 *(If 20% or less, test result will be 0.00) Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 49 19 5 73 # Employees 104 37 18 159 Avg. Max Monthly Pay per employee 5,811.07 5,860.59 5,634.71 11. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 174.49 Male Female Classes Classes a. # At or above Predicted Pay 22 13 b. # Below Predicted Pay 27 6 c. TOTAL 49 19 d. % Below Predicted Pay 55.10 31.58 (b divided by c = d) *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T -test Results Degrees of Freedom (DF) = 139 Value of T = -4.181 a. Avg. diff. in pay from predicted pay for male jobs = $72 b. Avg. diff. in pay from predicted pay for female jobs = $505 III. SALARY RANGE TEST = 100.53 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 4.02 B. Avg. # of years to max salary for female jobs = 4.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP 14.29 B. % of female classes receiving ESP 0.00 *(If 20% or less, test result will be 0.00) Golden Valley Job Class Data Entry Verification List LGID 330 Case: 2010 DATA Job Class Nbr Nbr Class Jobs Min Mo Max Mo Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 1 Driving Range Supervisor 1 0 M 117 $1,444.00 $1,832.00 5.00 0.00 Longevity 2 Golf Maintenance Operato 2 0 M 117 $1,658.00 $2,106.00 5.00 0.00 Longevity 3 Golf Operations - Seasona 1 0 M 117 $1,820.00 $2,312.00 5.00 0.00 Longevity 4 Golf Staff Assistant 1 0 M 117 $1,738.00 $2,206.00 5.00 0.00 Longevity 5 Grill /Par 3 Cashier 2 2 B 117 $1,511.00 $1,920.00 5.00 0.00 Longevity 6 Handyperson 1 0 M 117 $1,584.00 $2,010.00 5.00 0.00 Longevity 7 Pro Shop Cashier 3 1 B 117 $1,584.00 $2,010.00 5.00 0.00 Longevity 8 Starter /Ranger 1 0 M 117 $1,315.00 $1,671.00 5.00 0.00 9 Golf Maint Laborer II 4 0 M 125 $1,584.00 $2,010.00 5.00 0.00 10 Golf Maint Technician 1 0 M 125 $1,738.00 $2,206.00 5.00 0.00 11 Seasonal Maint Worker 4 0 M 125 $1,584.00 $2,010.00 5.00 0.00 12 Office Clerk 0 2 F 144 $2,757.00 $3,774.00 4.00 0.00 13 Receptionist 0 1 F 144 $2,757.00 $4,030.00 4.00 0.00 14 Turf Maintenance Asst 1 0 M 144 $2,758.00 $4,280.00 4.00 0.00 15 Community Service Officer 5 1 M 169 $2,894.00 $3,954.00 1.00 0.00 16 Intern 1 1 B 169 $2,430.00 $2,430.00 0.00 1.00 17 Motor Vehicle Lic Clerk 0 6 F 169 $2,953.00 $4,262.00 4.00 0.00 18 AP Tech /Assessments 0 1 F 177 $3,489.00 $5,157.00 4.00 0.00 19 AP Tech /Utility Billing 0 1 F 177 $3,489.00 $5,157.00 4.00 0.00 20 AR /Election Assist 0 1 F 177 $3,489.00 $5,157.00 4.00 0.00 21 Web /Graphic Designer 0 1 F 177 $3,342.00 $4,982.00 4.00 0.00 22 Administrative Asst 1 12 F 183 $3,489.00 $5,157.00 4.00 0.00 23 Communications Specialis 1 0 M 183 $3,489.00 $4,646.00 4.00 0.00 24 Turf Maint Foreman 1 0 M 183 $3,490.00 $5,158.00 4.00 0.00 25 Golf Mechanic 1 0 M 187 $3,547.00 $5,226.00 4.00 0.00 26 Mechanic 2 0 M 197 $3,478.00 $5,587.00 3.00 0.00 27 Public Works Maintenance 19 1 M 197 $3,478.00 $5,193.00 3.00 0.00 Performance 28 Community Standards Insf 1 0 M 218 $3,989.00 $5,751.00 4.00 0.00 29 Public Works Crew Leader 3 0 M 230 $4,816.00 $5,819.00 0.00 31.00 30 Accountant 0 1 F 238 $4,468.00 $6,322.00 4.00 0.00 31 Assistant Forrester 1 0 M 238 $4,009.00 $5,776.00 4.00 0.00 32 Engineering Tech II 1 0 M 250 $4,177.00 $5,975.00 4.00 0.00 33 Asst Golf Operations Mgr 0 1 F 262 $4,158.00 $5,953.00 4.00 0.00 34 Building Inspector 1 0 M 275 $4,738.00 $6,644.00 4.00 0.00 35 Graduate Engineer 1 0 M 275 $4,695.00 $6,592.00 4.00 0.00 36 Police Officer 13 2 M 280 $3,610.00 $6,495.00 3.00 0.00 Performance 37 Police Officer - Special 3 2 B 280 $5,756.00 $6,769.00 0.00 22.00 Performance 38 IT Technician 1 0 M 282 $4,009.00 $5,776.00 4.00 0.00 39 Accounting Coordinator 0 1 F 285 $5,465.00 $7,509.00 4.00 0.00 40 Deputy Registrar Supervise 1 0 M 291 $4,797.00 $6,849.00 4.00 0.00 41 Support Services Supervis 0 1 F 291 $4,797.00 $6,714.00 4.00 0.00 42 Engineering Tech III 1 0 M 314 $4,998.00 $6,952.00 4.00 0.00 43 Deputy Fire Marshal 1 0 M 323 $4,969.00 $6,918.00 4.00 0.00 44 Public Works Specialist 1 0 M 323 $4,997.00 $6,952.00 4.00 0.00 45 Chief Building Inspector 1 0 M 332 $4,984.00 $6,937.00 4.00 0.00 46 Planner 1 0 M 342 $4,073.00 $5,852.00 4.00 0.00 47 Fire Education Specialist 1 0 M 365 $4,374.00 $6,211.00 4.00 0.00 48 Fire /Property Maint Insp 1 0 M 365 $4,374.00 $6,211.00 4.00 0.00 49 Rec Sup /Sr Coordinator 2 1 B 366 $4,842.00 $6,767.00 4.00 0.00 50 Vehicle Maint Foreman 1 0 M 372 $5,193.00 $7,329.00 4.00 0.00 51 Sergeant 7 0 M 382 $6,503.00 $8,199.00 2.00 0.00 52 Environmental Coordinator 1 0 M 384 $5,310.00 $7,471.00 4.00 0.00 53 Park Supervisor 1 0 M 385 $6,123.00 $8,459.00 4.00 0.00 54 PW Project Coordinator 1 0 M 385 $6,123.00 $8,459.00 4.00 0.00 55 Street Maint Supervisor 1 0 M 385 $5,624.00 $7,837.00 4.00 0.00 56 Building Official 1 0 M 389 $5,469.00 $7,665.00 4.00 0.00 57 Communications Coordina 0 1 F 393 $5,511.00 $7,716.00 4.00 0.00 58 Golf Operations Manager 1 0 M 394 $5,624.00 $7,843.00 4.00 0.00 Golden Valley Job Class Data Entry Verification List LGID 330 Case: 2010 DATA Job Class Nbr Nbr Class Jobs Min Mo Max Mo Yrs to Max Yrs of Exceptional Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay 59 Greens Superintendent 1 0 M 394 $5,624.00 $7,853.00 4.00 0.00 60 IT Coordinator 0 1 F 417 $5,823.00 $8,095.00 4.00 0.00 61 Utility Supervisor 1 0 M 430 $5,624.00 $7,853.00 4.00 0.00 62 Asst HRA Dir /Asst City Cle 0 1 F 511 $6,532.00 $8,268.00 4.00 0.00 63 Police Commander 2 0 M 515 $6,913.00 $9,419.00 4.00 0.00 64 Public Works Maint Manag 1 0 M 525 $6,682.00 $9,138.00 4.00 0.00 65 City Engineer 1 0 M 551 $7,118.00 $9,668.00 4.00 0.00 66 Assistant City Manager 0 1 F 588 $7,014.00 $8,350.00 4.00 0.00 67 Chief of Fire & Insp 1 0 M 618 $7,554.00 $10,197.00 4.00 0.00 68 Dir of Planning & Developr 1 0 M 636 $7,554.00 $10,197.00 4.00 0.00 69 Director of Parks & Rec 1 0 M 682 $7,970.00 $10,702.00 4.00 0.00 70 Finance Director 0 1 F 754 $8,099.00 $10,859.00 4.00 0.00 71 Police Chief 0 1 F 793 $8,282.00 $11,081.00 4.00 0.00 72 Director of Public Works 0 1 F 798 $8,488.00 $11,331.00 4.00 0.00 73 City Manager 1 0 M 1,192 $11,285.00 $12,574.00 0.00 8.00 Job Number Count: 73 O C\l 0 co (0 C14 Aieles C*q T- 0 (o 0 a_ I C) C) C%4 0 C) ics LJ C7 I c 0 C) O O r T N (6 C CD a 0 (D L Q W t O 0' A Ri a m v 'a L IL Q C) N d H R U V N N N 00 W m Ln Ln Ln OO 00 00 W ;T -'T � � 0 0 d O O CD CD 0 0 0 v O0 •- M O (O 00 ti (S7 mr- M NIT a0 CV O IL V' 1� 0 h to (0 Co O I` r- � O (D V 00 to v 0 w Il- w to 0 0 O M 00 � 0 0 I` N w t` IT N M (0 Ln 0 m Il_ 0 I` 0 I` O EA � M O O O 00 00 M 00 00 O In Ln M In 69 fri Cf} M M � 6V H9 61 � d9 6� � 6s � 61 69 f63 _ _ _ ff} 64 60, 64 64 (f} 64 V) 64 64 64 64 69 f!i 64 64 64 �t mil' rf rt M m M ti� ti N N N ONO ONO ONO W. 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Authorize Contract for Professional Engineer Service for Stormwater Modeling in the DeCola Ponds Area Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Summary The DeCola Ponds area is located in the northwest portion of the City, south of Medicine Lake Road and east of Winnetka Avenue North as shown on the attached location map. Stormwater runoff from significant portions of Golden Valley, as well as areas in New Hope and Crystal, flows through this pond system before discharging to Bassett Creek. The tributary watershed to the DeCola Ponds is shown on the attached Exhibit 2. The area surrounding the DeCola Ponds experienced significant flooding in the late 1970s and modifications were made to the existing drainage system following these flood events. Although there have not been significant flooding issues adjacent to the ponds in recent years, land use changes have occurred within the pond watershed and localized flooding issues have occurred. The most notable localized flooding issue is on Medicine Lake Road, immediately east of Winnetka Avenue, where flood conditions have resulted in property damage in New Hope and Golden Valley several times in the last 10 years. Modeling of the DeCola Ponds watershed, and the portion of the City downstream of the ponds to Bassett Creek, is needed to fully analyze and address the localized drainage issues discussed above, and to assist in resolution of these issues. This analysis will include routing of stormwater through the storm drainage system, investigation of the existing pond outlet structure, and determination of additional runoff storage opportunities. In addition to the flooding issues, the modeling will provide information relating to storm drainage and water quality infrastructure decisions during Pavement Management projects as the program moves into the northwest portion of the community. Additional modeling of the subwatersheds within the City will likely be needed in the future to further analyze storm storage and flood conditions. A January 5, 2011 proposal from Barr Engineering Co. to perform the stormwater modeling and flood mitigation analysis in the DeCola Ponds portion of the City is attached to this summary. The study will be performed at an estimated amount of $50,400. The study is expected to be completed in early August 2011. The 2011 -2015 Capital Improvement Program, Storm Sewer budget provides $54,000 for the DeCola Ponds Stormwater Study (SS -28, page 105). Attachments Location Map (1 page) DeCola Ponds Subwatershed Map (1 page) Letter of proposal from Barr Engineering Co Director of Public Works (10 pages) dated January 5, 2011 to Jeannine Clancy, Recommended Action Motion to authorize proposal agreement with Barr Engineering Co. for stormwater modeling and flood mitigation analysis for the DeCola Ponds area in an amount of $50,400. --- ''-- - - - - -- — -- - - -- _ I I� I i iCulver Rd i 1Vle.... Lake kd 23rd ? e San4i -g Rd Duluff.St h ' ' c Duluth St > % r I `g s 'blyanpia(i�t a ply—th Ave .. a dr•` i 7 " Lindsay St 1/ i �.,, .. toil, Ar F/ Gold a ztb Country club Dr o c i �I �GoldenValley Rd As•e ` +. as �! p �'�i...., P4 4 al , lvlei , d •S. r- ` a$runtag� H t k ' y: b > 'H —ldAve ,z X51 a tern A venue r•. � Glenvd { i B y m . ro, i'V ,.. £. ; Y akdca. Hilt, Dry C! Wayzata slva `" Location Map Print Date: 1/11/11 Source: City of Golden Valley for all GIS layers. ro4mll%wl DeCola Ponds e Not to Scale resourceful. naturally. BARR engineering and environmental consultants January 5, 2011 Ms. Jeannine Clancy Public Works Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Agreement for Development of Existing Conditions XP -SWMM Model and Flood Mitigation Analysis for the Decola Ponds Area Dear Ms. Clancy: Thank you for the opportunity to provide professional engineering services to the City. We will do our best to justify your expression of confidence in us. This letter, together with our Standard Terms (attached) sets forth the Agreement between the City of Golden Valley (City) and Barr Engineering Company (Barr) regarding the project to develop an existing conditions XP -SWMM model for the Decola Ponds area as well as performing a flood mitigation analysis of the Decola Ponds system. This letter presents the scope of professional consulting services we will provide for your project including our understanding of the project, the proposed work tasks, the cost estimate, and the schedule for the completion of the proposed work. Included in the scope are two sets of tasks — one task associated with the development and validation of the existing conditions XP -SWMM model for the Decola Ponds area (referred to as Phase 1), and a second task (Phase 2) that includes the flood mitigation analysis of the Decola Ponds system. Project Understanding The Decola Ponds system is located in the northwestern part of the City of Golden Valley and receives flows from Golden Valley, the City of New Hope, and the City of Crystal. The system's flood levels are above the low floors in many of the adjacent homes. The chronic flooding in the area has resulted in private and public property damage. Additionally, the City of New Hope has requested an increase in the amount of stormwater it sends to the Decola Ponds system to alleviate flooding along Medicine Lake Road, upstream of the Decola Ponds. Under Phase 1 of the project, Barr will develop an XP -SWMM hydrologic and hydraulic model for the Decola Ponds system within the City of Golden Valley. Through this modeling, the City will have a better understanding of the existing operations of the pond system. The City will be able to use this XP- SWMM model to assist in future evaluations of the flooding issues in the area, the possible routing of additional water from the Cities of New Hope and Crystal through or diverted around the Decola Ponds system, as well as the functioning of the system under a variety of outlet scenarios. Barr will complete a flood mitigation study for the area along Medicine Lake Road, upstream of the Decola Ponds system, using the XP -SWMM hydrologic and hydraulic model developed for the area within the City of Golden Valley. Through this analysis, the Cities of Golden Valley, New Hope, and Crystal will have a better understanding of the existing flooding issues along Medicine Lake Road and alternatives that will resolve the flooding issues in the area. Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com City of Golden Valley January 5, 2011 Paae 2 Figure 1 (attached) shows the extent of the area to be modeled for Phases 1 and 2 of this project; all document requests and other work will be based on the extents depicted. The responsibilities of Barr described in the following sections are expressly subject to the limitations contained in this scope of work. The following sections discuss the project activities and associated assumptions by phase and task. Phase I — Decola Ponds Hydrologic and Hydraulic Modeling (XP -SWMM) $24,800 A. Regular Communications with City Staff $1,400 This task item is for regular communications with city staff, including general project management activities, miscellaneous communications, and progress updates to city staff throughout the duration of this project. B. Hydrologic and Hydraulic Modeling $20,200 1) Water Resource Inventory and Data Collection This task includes the collection of a variety of data that will be used in the development of the XP -SWMM hydrologic and hydraulic model. Data that will be obtained from the City of Golden Valley will include the following: • 2 -foot topographic information (in GIS) • Subwatersheds (in GIS, already obtained during the development of the SWMP) • Storm sewer data (in GIS, need to obtain the most up -to -date version of the data) • Land use (in GIS, already obtained during the development of the SWMP) Additionally, we will request as -built plans and other information from the City for the Decola Ponds system and for other key ponds within the study area including Madison Pond, the Honeywell Pond, and the pond located in subwatershed BC83 -3. Elevation data for the control structure of the Decola Pond system is not available, so the City will need to survey the outlet to obtain key elevations and to document the existing outlet conditions. In addition, the City's current storm sewer (GIS) layer does not include complete information for all of the outlet pipes for the Decola Ponds system. If as- builts are not available for these outlets, the City will also need to survey the invert elevations of the outlet structures for these ponds. The storm sewer data (in GIS) from the City typically includes the necessary pipe and manhole information required to develop the XP -SWMM model. However, there are some gaps in the storm sewer data within the Decola Ponds area. For these areas, the City will provide the as -built information for all the pipes and manholes that are not available in GIS. If as -built information is not available, the City will need to obtain this information. Data that Barr will obtain from other sources will include the following: • Soils data (in GIS, already obtained as part of the development of the SWMP) • Twin Cities Metropolitan Area Impervious Coverage (Metropolitan Council) 2) Development and Validation of the XP -SWMM Model Development of the XP -SWMM model will include several tasks, including: • Verification and subdivision of the existing city subwatersheds • Development of the subwatershed hydrologic characteristics 'for input into the XP- SWMM model (impervious percentage, soil types, watershed slope, and watershed width parameters) • Modifications to the city's storm sewer data for input into the XP -SWMM model • Development of the storage information for all ponds in the project area City of Golden Valley January 5, 2011 Page 3 After we compile the major inputs for the XP -SWMM model, we will construct the XP- SWMM model. Our work will include combining the model developed for the Decola Ponds area with the existing New Hope XP -SWMM model. The New Hope XP -SWMM model includes the contributing area upstream of the Decola Ponds system within the City of New Hope. This task assumes that we will be able to obtain the XP -SWMM model from the City of New Hope to simulate flows entering the City of Golden Valley. Our cost estimate for this work assumes that the XP -SWMM model provided by the City of New Hope is usable "as -is" and that modifying New Hope's model is outside the proposed scope of this project. If model short- comings are evident, Barr will inform the city of the model shortcomings and will work with the city on a time and expense basis to address those issues. This task also includes validation of the XP -SWMMM model to historic storm events. Complete calibration of the XP -SWMM model is not currently possible, as there are no flow monitoring or pond level data available within the study area for calibration. Our validation will begin with comparing the hydrologic runoff rates and volumes predicted by the XP- SWMM model to typical urban runoff values. We will then validate the estimated runoff volumes by comparing the water levels predicted by XP -SWMM to observed water levels during one historic flood event. Two potential flood events will be considered— the May 8, 2006 storm event or the June 25, 2010 (approximate date) storm event. The May 8, 2006 storm event was the event evaluated as part of the XP- SWMM modeling performed for the City of New Hope's Terra Linda Drive, Rosalyn Court, and Medicine Lake Road Local Flood Improvement Project (November, 2006), which estimated flood elevations in the area around Terra Linda Drive. A second possible storm event to use for validating the XP -SWMM model is the June 25,2010 (approximate date) storm event, in which three to five feet of flooding was observed along Medicine Lake Road. Once it is determined that the model accurately predicts the flooding that occurred during the historic storm event (i.e., we validate the model), the model will then be used to analyze the 2 -, 10 -, and 100 -year frequency storm events, including the critical duration storm event. We will tabulate the modeling results for each of the storm events, including maximum pond elevations and peak discharges. Using the XP -SWMM modeling results, we will be able to identify potential flooding issues in the Decola Ponds system. Additionally, we will also identify other potential flood problem areas beyond the pond flooding issues. Once we complete the modeling, we will meet with city staff to discuss the modeling results. C. Technical Memorandum Summarizing Modeling Results $3,200 Upon completion of the XP -SWMM modeling, we will develop a technical memorandum that summarizes the results of the modeling efforts. This memo will include text, tables, and figures describing existing conditions. We will also include a discussion of the modeling methods in the memorandum as well as recommendations for system modifications and any needed future studies. We will provide two paper copies and an electronic copy of the technical memorandum to the city for distribution. City of Golden Valley January 5, 2011 Paae 4 Phase 2 — Decola Ponds Flood Mitigation Analysis $25,600 A. Regular Communications with City Staff $2,100 This task item is for regular communications with city staff, including general project management activities, miscellaneous communications, progress updates to city staff throughout the duration of this project and coordination between the Cities of Golden Valley, New Hope, and Crystal. B. Flood Mitigation Analysis $20,300 1) Meeting #1 This task includes the preparation for and attendance at the first project meeting at the City of Golden Valley's offices. The focus of this meeting will be to summarize the results of the existing conditions XP -SWMM modeling of the Decola Ponds system, discuss potential flood mitigation scenarios, and establish the goals and expectations for the flood mitigation study. 2) Flood Mitigation Analysis This task includes the evaluation of up to three (3) flood mitigation scenarios, selected based on the discussions and input from Meeting #1. The analysis will be performed using the existing conditions XP -SWMM model developed for the Decola Ponds system in Golden Valley. Flood mitigation scenarios could include: i. Routing additional flows through or diverting flows around the Decola Pond system ii. Modifications to the Decola Ponds outlet configuration iii. Increasing pipe capacity in the storm sewer system Preliminary planning level cost estimates will be developed for each of the proposed flood mitigation scenarios at this time. In addition to evaluating the various flood mitigation alternatives, we will analyze possible revisions to the existing outlet operating procedures. 3) Meeting #2 This task includes the preparation for and attendance at the second project meeting at the City of Golden Valley's offices. The focus of this meeting will be to present the preliminary results of the flood mitigation analysis and provide an opportunity to discuss possible modifications to the evaluated scenarios. 4) Flood Mitigation Analysis This task includes evaluation of minor modifications to the three (3) flood mitigation scenarios, based on the discussion during Meeting #2. In addition, the planning level cost estimates will be finalized based on the modifications to the flood mitigation scenarios. 5) Meeting #3 This task includes the preparation for and attendance at the third project meeting at the City of Golden Valley's offices. The focus of this meeting will be to present the final results of the flood mitigation analysis and recommendations, and to discuss the planning level costs of the alternatives. However, we assume that the funding and allocation of costs among the various stakeholders (Cities of Golden Valley, New Hope, Crystal, and Hennepin County) will be discussed at a later date. City of Golden Valley January 5, 2011 Page 5 C. Short Report/Technical Memorandum Summarizing Modeling Results $3,200 Upon completion of the XP -SWMM modeling, we will develop a short report or technical memorandum that summarizes the results of the flood mitigation analysis. This memo will include text, tables, and figures, as well as planning level cost estimates for the various scenarios evaluated. We will also include a discussion of the recommended flood mitigation scenario. The funding and cost allocations between the various stakeholders (Cities of Golden Valley, New Hope, and Crystal) will not be included as part of this report. We will provide two paper copies and an electronic copy of the memorandum to the city for distribution. Estimated Cost and Schedule The table below describes the estimated costs associated with each task for Phases 1 and 2 as described above in the scope of services. Assumptions associated with these costs are included in the above text. Task Description of Task I Amount L Estimated Completion (No Optional Tasks Phase °� - Decola.Ponds I ; . ro]yo "i . ant%li raulic Motleiin P -S lY1M A Regular Communications with City Staff $ 1,400 B (1) Hydrologic and Hydraulic Modeling — Water Resource Inventory and Data Collection $ 2,000 B (2) Hydrologic and Hydraulic Modeling — Development and Validation of the XP -SWMM Model $ 18,200 C Technical Memorandum Summarizing Modeling Results $ 3,200 Phase 1 Total $ 24,800 May 13, 2011 Phase 2 - Decola'Ponds f /oo l �A ;O `" s A Regular Communications with City Staff $ 2,100 B 1 Flood Mitigation Analysis — Meeting #1 $ 1,200 B 2 Flood Mitigation Analysis — Preliminary Analysis $ 12,400 B 3 Flood Mitigation Analysis — Meeting #2 $ 1,950 B 4 Flood Mitigation Analysis — Final Analysis $ 2,800 B 5 Flood Mitigation Analysis — Meeting #3 $ 1,950 C Short Report/Technical Memorandum Summarizing Modeling Results $ 3,200 Phase 2 Total $ 25,600 August 5, 2011 Total Project Cost $ 50,400 Also included in the table above is the estimated completion date of each phase of the project. This schedule assumes that we receive the notice to proceed on this project by February 1, 2011, and assumes that any additional data to be provided by the City (see assumptions outlined in the Scope above) can be provided promptly without delay. This Agreement will be effective for the duration of the services, unless earlier terminated by either the City or us. We will commence work upon receipt of a copy of this letter signed by your authorized City representative. The estimated schedule for the services is noted in the previous paragraph and Table 1 above. As noted in Tasks A of Phases 1 and 2, we will inform you of our progress through periodic (e.g., bi- weekly) e-mail updates, telephone calls, invoice details, and other communications. For the services provided, you will pay us according to the attached Standard Terms. We will bill the city monthly. The cost of the services will not exceed $50,400 without prior approval by the city. City of Golden Valley January 5, 2011 Page b We understand you or your designees have the authority to direct us. We will direct communications to you at the City of Golden Valley, 7800 Golden Valley Road. Direction should be provided to Karen Chandler at Barr Engineering Co. 4700 West 77th Street, Minneapolis, MN 55435. During the term of this Agreement, we will maintain the following insurance coverages: Worker Compensation Statutory Employer Liability $500K per claim/$500k aggregate Comprehensive General Liability $1M per claim /$2M aggregate, combined single limit Automobile $1 M combined single limit Umbrella/excess policy as to above coverages $I OM aggregate Professional Liability (claims -made) $5M per claim /$5M annual aggregate If this Agreement is satisfactory, please sign the enclosed copy of this letter in the space provided, and return it to us. Sincerely yours, Barr Engineering Co. By Leonard J. Kremer Its Vice President Accepted this _ day of , 2011 Golden Valley By Thomas D. Burt Its City Manager Attachments Standard Terms— Professional Services Fee Schedule Figure 1– Decola Ponds XPSWMM Modeling Area H IN IT �+ yk, r �+ Zyq .;'1 •� � ro-� �.'W�r�. rue a a .a L 'ie" "+ *� h � ` � '4 • ' ,�r�i► '"t..'t'x -1 'L�° =� `� �'S s... ��'' °i �4 ±s t � �6'i9' "y i a„ w F bra' +y� a+�E'�cr i �• � � ?ai �, WF G LN `!mac. ._ '=.,.: +• • ,�� p ,t` N2 Nil '�Ry,Ar � a+► � jj A \w t?� t w y F Jt r j _ E �' n4 BARR ®� STANDARD TERMS - PROFESSIONAL SERVICES Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms — Professional Services. Section 1: Our Responsibilities water. If you are requesting that we provide services that include this risk, you agree to hold us harmless from 1.1 We will provide the professional services ( "Services ") such contamination claims, damages, and expenses, described in this Agreement. We will use that degree of including reasonable attorneys' fees, unless the loss is care and skill ordinarily exercised under similar caused by our negligence. circumstances by reputable members of our profession practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are required by law or legal process to make such 1.2 We will select the means, methods, techniques, disclosures, you agree to hold us harmless and sequences, or procedures used in providing our indemnify us from related claims and costs, including Services. If you direct us to deviate from our selections, reasonable attorneys' fees. you agree to hold us harmless from claims, damages, and expenses arising out of your direction. Section 3: Reports and Records 1.3 We will acquire all licenses applicable to our Services 3.1 We will retain analytical data relating to the Services for and we will comply with applicable law. seven years and financial data for three years. 1.4 Our duties do not include supervising your contractors or 3.2 commenting on, supervising, or providing the means and methods of their work unless we accept any such duty in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings. 1.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 1.6 Estimates of our fees or other project costs will be based 3.3 on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should add a contingency. 1.7 The information you provide to us will be maintained in confidence except as required by law. Section 2: Your Responsibilities 2.1 You will provide access to property as required. 2.2 You will provide us with prior reports, specifications, plans, changes in plans, and information about the project which may affect the delivery of our Services. You will hold us harmless from claims, damages, and related expenses, including reasonable attorneys' fees, involving information not timely called to our attention or not correctly shown on documents you furnished to us. 2.3 You agree to provide us with emergency procedure information and information on contamination and dangerous or hazardous substances or processes we may encounter in performing the Services. 2.4 You agree to hold us harmless as to any claim that we are an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of any law governing the handling, treatment, storage, or disposal of dangerous or hazardous materials. 2.5 Site remediation services may involve risk of contamination of previously uncontaminated air, soil, or Monitoring wells are your property and you are responsible for their permitting, maintenance and abandonment unless we accept that duty in writing. Samples remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are your property. They will be discarded or returned to you, at our discretion, unless within 15 days of the report date you give written direction to store or transfer the materials at your expense. Our reports, notes, calculations, and other documents, and our computer software and data are instruments of our Services, and they remain our property, subject to a license to you for your use in the related project for the purposes disclosed to us. You may not use or transfer our reports to others for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, and expenses, including reasonable attorneys' fees, arising out of any unauthorized transfer or use. 3.4 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. When accepting document transfer in electronic media format, you accept exclusive risk relating to long -term capability, usability, or readability of documents, software application packages, operating systems, and computer hardware. 3.5 If you do not pay for the Services in full as agreed, we may retain reports and work not yet delivered to you and you agree to return to us our reports and other work in your possession or under your control. You agree not to use or rely upon our work for any purpose until it is paid for in full. Section 4: Compensation 4.1 You will pay for the Services as agreed upon or according to our then current fee schedules if there is no Document1 Ver. 05/18/10 other written agreement as to price. An estimated cost is not a firm figure unless stated as such and you should allow for a contingency in addition to estimated costs. 4.2 You agree to notify us of billing disputes within 15 days and to pay undisputed portions of invoices within 30 days of invoice date. For balances not paid under these terms, you agree to pay interest on unpaid balances beginning 10 days after invoice date at the rate of 1.5% per month, but not to exceed the maximum rate allowed by law. 4.3 If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of the terms of our Agreement and we agree to extend credit to that person. 4.4 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding to which we are not a party. 4.5 If we are delayed by factors beyond our control, or if the project conditions or the scope of work change, or if the standards change, we will receive an equitable adjustment of our compensation. 4.6 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to payment otherwise due us. Section 5: Disputes, Damage, and Risk Allocation 5.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include a meeting attended by each party's representative empowered to resolve the dispute. Disputes (except collections) will be submitted to mediation as a condition precedent to litigation. 5.2 We will not be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. Each of us waives against the other and its subcontractors, agents, and employees all rights to recover for losses covered by our respective property /casualty or auto insurance policies. 5.3 We will not be liable for damages unless you have notified us of your claim within 30 days of the date of your discovery of it and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages, and unless suit is commenced within two years of the earlier of the date of injury or loss and the date of completion of the Services. 5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10 %, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 5.5 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, we may terminate all of our duties without liability to you or to others. 5.6 If we are involved in legal action to collect our compensation, you agree to pay our collection expenses, including reasonable attorneys' fees. 5.7 The law of the state in which the project site is located will govern all disputes. Each of us waives trial by jury. No employee acting within the scope of employment shall have any individual liability for his or her acts or omissions and you agree not to make any claim against individual employees. Section 6: Indemnification 6.1 Each of us will indemnify and hold harmless the other from and against demands, damages, and expenses to the comparative extent they are caused by the negligent acts, omissions, or breach of contract of the indemnifying party or of those others for whom the indemnifying party is legally responsible. 6.2 To the extent that may be necessary to indemnify either of us under Section 6.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 7: Miscellaneous Provisions 7.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 7.2 This Agreement is our entire agreement, and it supersedes prior agreements. Only a writing signed by both of us making specific reference to the provision modified may modify it. 7.3 Neither of us will assign this Agreement without the written approval of the other. No other person has any rights under this Agreement. 7.4 A writing may terminate this Agreement. We will receive an equitable adjustment of our compensation if our work is terminated prior to completion as well as our fees and expenses on the basis agreed upon through the effective date of termination. 7.5 We will not discriminate against any employee or applicant for employment because of race, color, creed, ancestry, national origin, sex, religion, age, marital status, affectional preference, disability, status with regard to public assistance, membership or activity in a local human - rights commission, or status as a specially disabled, Vietnam -era, or other eligible veteran. We will take affirmative action to ensure that applicants are considered, and employees are treated during their employment, without regard to those factors. Our actions will include, but are not limited to notifications, hiring, promotion or employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or terminations, rates of pay and other forms of compensation, and selection for training or apprenticeship. End of Standard Terms Documend Ver. 05/18/10 B® Fee Schedule -2011 Rev. 01/01111 Rate* Description (U.S. dollars) Principal.......................................................................................................... ............................... $120 -220 Consultant/Advisor .......................................................................................... ............................... $155 -220 Engineer /Scientist/Specialist III ................................................ ............................... .......................$125 -150 Engineer /Scientist/Specialist II ............................................................................. ............................$95 -120 Engineer /Scientist/Specialist I ................................................................................... .........................$65 -90 TechnicianIII ............................................................................ ............................... .......................$125 -150 TechnicianII ......................................................................................................... ............................$95 -120 TechnicianI ............................................................................................................... .........................$50 -90 SupportPersonnel II ............................................................................................ ............................$95 -170 SupportPersonnel I .................................................................................................. .........................$50 -90 Rates for litigation support services will include a 30% surcharge. A ten percent (10 %) markup will be added to subcontracts for professional support and construction services to cover overhead and insurance surcharge expenses. Invoices are payable within 30 days of the date of the invoice. Any amount not paid within 30 days shall bear interest from the date 10 days after the date of the invoice at a rate equal to the lesser of 18 percent per annum or the highest rate allowed by applicable law. Reimbursable expenses including, but not limited to, the actual and reasonable costs of transportation, meals, lodging, parking costs, postage, and shipping charges will be billed at actual cost. Materials and supplies charges, printing charges, and equipment rental charges will be billed in accordance with Barr's standard rate schedules. Mileage will be billed at the IRS - allowable rate. Principal category includes consultants, advisors, engineers, scientists, and specialists who are officers of the company. Consultant/Advisor category includes experienced personnel in a variety of fields. These professionals typically have advanced background in their areas of practice and include engineers, engineering specialists, scientists, related technical professionals, and professionals in complementary service areas such as communications and public affairs. Engineer /Scientist/Specialist categories include registered professionals and professionals in training (e.g. engineers, geologists, and landscape architects), and graduates of engineering and science degree programs. Technician category includes CADD operators, construction observers, cost estimators, data management technicians, designers, drafters, interns, safety technicians, surveyors, and water, air; and waste samplers. Support Personnel category includes information management, project accounting, report production, word processing, and other project support personnel. "Rates do not include sales tax on services that may be required in some jurisdictions. ::O DMA\PCDOC S \DO CS \249877\ 1 Golden galley Memorandum Finance 763- 593 -8013 1763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2010 Agenda Item 3. L. Approval of Change in Precinct 7 Polling Place Summary Polling places are hard to find in the City because of a variety of issues: parking and accessibility requirements, availability for one or two times a year; voting hours from 7 am to 8 pm; and the need to hold approximately 2,000 voters during that time. Staff is requesting the Precinct 7 polling location be moved to Sandburg School, 2400 Sandburg Lane. This facility has more available parking and meets the minimum requirements for accessibility. All registered voters will be notified by postcard once this action has been approved. Attachments Resolution Approving Change in Polling Place for Precinct 7 (1 page) Recommended Action Motion to adopt Resolution Approving Change in Polling Place for Precinct 7. Resolution 11 -3 January 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE IN POLLING PLACE FOR PRECINCT 7 WHEREAS, the polling place for Precinct 7 was Christian Life Center, 8025 Medicine Lake Road; and WHEREAS, Precinct 7 is required to have a polling place for elections; and WHEREAS, the Sandburg School, 2400 Sandburg Lane, is located outside the boundary but within one mile from the precinct boundary and has authorized the use of its facility as a polling place for elections; and WHEREAS, the Sandburg School building meets state guidelines for accessibility, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby designates the Sandburg School, 2400 Sandburg Lane, as the polling place for Precinct 7 in the City of Golden Valley. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Golden galley Memorandum Finance 763 - 593 -8013 / 763- 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. M. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2010 Audit Services Prepared By Sue Virnig, Finance Director Summary Each year the City is required to have a State Legal Compliance Audit performed in accordance with auditing standards established by the Auditing Standards Board and Minnesota Statutes. Staff recommends the authorization for services with Malloy, Montague, Karnowski, Radosevich & Co. for 2010 audit services for $43,200. This is less than the amount for the 2009 audit. Attachments Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (6 pages) System Review Report (1 page) Recommended Action Motion to authorize the City Manager to sign the Engagement Letter with Malloy, Montague, Karnowski, Radosevich & Co., P.A. for the 2010 audit services for $43,200. PRINCIPALS Kenneth W. Malloy, CPA MMKR Thomas M. Montague, CPA Thomas A. Karnowski, CPA Paul A. Radosevich, CPA C E R T I F I E D PUBLIC William J. Lauer, CPA ACCOUNTANTS James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA January 4, 2011 To the City Council of the City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 We are pleased to confirm our understanding of the services we are to provide the City of Golden Valley (the City) for the year ended December 31, 2010. We will audit the financial statements of governmental activities, the business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison for the General Fund and major special revenue funds, which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2010. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as Management's Discussion and Analysis (MD &A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board (GASB) who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited: 1. MD &A 2. GASB - required other post - employment benefits information (as needed) Supplementary information other than RSI also accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Combining and individual fund statements and schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance: 1. Introductory section 2. Statistical tables Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone: 952- 545 -0424 • Telefax: 952 -545 -0569 • www.mmkr.com City of Golden Valley Page 2 January 4, 2011 We will perform the required State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65 and will include such tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget Circular A -133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a single audit of federal assistance funds, this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the second paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be, and should not be, used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. City of Golden Valley January 4, 2011 Management Responsibilities Page 3 Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit we will assist with the preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met. You are also responsible for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. City of Golden Valley January 4, 2011 Audit Procedures — General Page 4 An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures — Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. City of Golden Valley January 4, 2011 Audit Procedures — Compliance Page 5 As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other The assistance to be supplied by your personnel, including the preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices selected by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency pursuant to authority given to it by law or regulation. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the regulatory agency. The regulatory agency may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. William J. Lauer, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees for these services will be based on the actual time spent at our standard hourly rates. We will also bill you for travel and other out -of- pocket costs such as report production, typing, and postage. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work, we estimate that the basic audit fees will be $43,200. These fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events, such as new contractual agreements, new accounting and auditing standards, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, if there is an indication of misappropriation or misuse of public funds, or if significant difficulties are encountered due to the lack of accounting records, incomplete records, or turnover in the City's staff. City of Golden Valley Page 6 January 4, 2011 With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements, such as in a bond statement, and make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO., P.A. William J. Lauer, CPA Principal WJL: kch Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: KERBER, ROSE & ASSOCIATES, S.C. Certified Public Accountants 4211 N. Lightning Drive, Suite A • Appleton, WI 54913 1< (920) 993 -0105 • Fax (920) 993 -0116 (888) 725 -5277 System Review Report To the Principals of Malloy, Montague, Karnowski, Radosevich and Co., P.A. and the Peer Review Committee of the Minnesota Society of CPAs We have reviewed the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. (the firm) in effect for the year ended May 31, 2010. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org /prsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and an audit of an employee benefit plan. In our opinion, the system of quality control for the accounting and auditing practice of Malloy, Montague, Karnowski, Radosevich and Co., P.A. in effect for the year ended May 31, 2010, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Malloy, Montague, Karnowski, Radosevich and Co., P.A. has received a peer review rating of pass. dq"- , ,`r,C, KERBER, ROSE & ASSOCIATES, S.C. September 23, 2010 Members of the American and Wisconsin Institutes of Certified Public Accountants www.kerberrose.com "Golden Valley Memorandum Finance 763- 593 -8013 / 763 - 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 Agenda Item 3. N. Annual Election for 2011 Insurance Policy Prepared By Sue Virnig, Finance Director Summary Cities can waive the statutory liability limits, in which case, the damages compensated could be up to the amount of the coverage carried. Staff recommends that the City does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2011 insurance policy. The League of Minnesota Cities Insurance Trust (LMCIT) requires each City to approve the election through a resolution. Attachments Resolution Making Annual Elections for the 2011 Insurance Policy (1 page) Recommended Action Motion to adopt Resolution Making Annual Elections for the 2011 Insurance Policy. Resolution 11 -4 January 18, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION MAKING ANNUAL ELECTIONS FOR THE 2011 INSURANCE POLICY WHEREAS, the City of Golden Valley must declare whether or not to waive the statutory limits on tort liability established by Minnesota Statutes 466.04, NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that it does not waive the statutory limits on tort liability established by Minnesota Statutes 466.04 for the 2011 insurance policy. 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. CIVY Golden galley Memorandum Planning 763- 593 -8095 / 763 - 593 -8109 (fax) Executive Summary For Action Golden Valley City Council Meeting January 18, 2011 "60 Days" Deadline: March 7, 2011 Agenda Item 4. A. Public Hearing - Preliminary Plat Approval - 5360 and 5380 Lowry Terrace Prepared By Joe Hogeboom, City Planner Summary David and Sandra Raley, owners of 5360 and 5380 Lowry Terrace, are proposing to redraw the property line between the two properties. The purpose of the request is to move the property line nine feet to the east, increasing the size of the 5380 (westernmost) lot. Moving the property line as proposed does not create any non - conforming land use situations. This action qualifies as a minor subdivision because the two properties are part of a recorded plat. In addition, the action will produce fewer than four lots and will not create need for public improvements. Seven specific criteria that govern minor subdivision requests are outlined, in their entirety, in the staff report to the Planning Commission, dated November 23, 2010. Attachment Location Map (1 page) Planning Commission minutes dated December 13, 2010 (2 pages) Memo to Planning Commission dated November 23, 2010 (2 pages) Email from City Engineer Jeff Oliver dated November 24, 2010 (1 page) Preliminary Plat (1 page, loose in agenda packet) Recommended Action Motion to approve the Preliminary Plat for 5360 and 5380 Lowry Terrace, subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to the approval of the final plat. 2. The City Engineer's email, dated November 24, 2010, shall become part of this approval. 3. The Proposed Sketch submitted by the applicants, dated March 18, 2002, shall become part of this approval. ....... .. . . 3358 ISW2 -1321. 1, \ 51�1 2 3321 3320 3321 S103 0 \71.1 Sm 3350 3300 ` 3301 5150 3311 33RD AVE IN z LOWRYTER .4325 SUS Swo IF Gearty Park sue 5120 531.0 5245 5350 5225 - V, TRITON DR 5205 1 3034 c 3070 z 3050 3005 3055 > :014 5385 3"S 3050 3030 29 5> X 3000 3030 f 3020 2M 3055 3005 3249 3244 3245 3 0 3249 32312 3231 3= _21 37FZI 3210 325.0 5140 -3Z45 0 3240 z 3230 3241.,,- .1231 [subject Properties 3218 3221 3111 5380:1 x 5360 r 5340 5330 5300 5240 5220 z LOWRYTER .4325 SUS Swo IF Gearty Park sue 5120 531.0 5245 5350 5225 - V, TRITON DR 5205 1 3034 c 3070 z 3050 3005 3055 > :014 5385 3"S 3050 3030 29 5> X 3000 3030 f 3020 2M 3055 3005 3249 3244 3245 3 -3240 3241 32312 3231 3= _21 37FZI 3210 .1211 5140 z LOWRYTER .4325 SUS Swo IF Gearty Park sue 5120 531.0 5245 5350 5225 - V, TRITON DR 5205 1 3034 c 3070 z 3050 3005 3055 > :014 5385 3"S 3050 3030 29 5> X 3000 3030 f 3020 2M 3055 3005 Regular Meeting of the Golden Valley Planning Commission A regular meg7fthaf the Planning Commis Council Chambers, olden Valley R December 13, 2010. Chair auser ca Those present were Planning Commissio Segelbaum and Waldhauser. Also p nt Mark Grimes and Administrativ sistant Approval of Decemberl?" -2010 ion was held at the n Valley City Hall, ad, Golden V140r, Minnesota, on Monday, <theg order at 7 pm. chka, M cCarty, Schmidgall, anning and Development , 2010 Regular Planning CQrnmission Meeting MOVEMy Eck, seconded by McCarty and I tion carried unanimously to approve the October 25, 2010 minutes as submitted. 2. Informal Public Hearing — Minor Subdivision — 5360 and 5380 Lowry Terrace — SU03 -01 Applicant: David and Sandra Raley Address: 5360 and 5380 Lowry Terrace Purpose: The applicants are requesting that the property line between the two properties be moved 9 feet to the east Grimes referred to a survey of the properties and explained that the applicant, who owns both properties, is proposing to move the lot line between the properties 9 feet to the east. He stated that both properties after subdividing will meet all of the City's requirements. Cera asked why the applicant is subdividing the properties. Grimes said he thought it was due to a pond that is located on the existing property line. Kluchka asked if the lots would be big enough to divide again in the future. Grimes said no because corner lots need 100 feet of frontage. Segelbaum noted that the new lot line will make the house on Lot 4 (5360 Lowry Terrace) be right at the 15 -foot setback line. He expressed concern about the applicant creating a hardship for future homeowners wanting to construct an addition on the west side of the house. Grimes agreed that the existing home on Lot 4 could not add a second story because the side yard setback wouldn't be big enough, but other additions could be made to the house without requiring variances. Kluchka asked how future homeowners would be informed that an addition could not be constructed on the west side of the house on Lot 4. Minutes of the Golden Valley Planning Commission December 13, 2010 Page 2 Grimes said the history of the property would be located in City files and the City tries to educate people about setback requirements, but ultimately it is buyer beware. Cera asked what the size of the lots would be after they were subdivided. Grimes stated that one lot would be approximately 19,000 square feet and the other lot would be approximately 16,000 square feet. David Raley, 5380 Lowry Terrace, Applicant, stated that he has a pond on his property and he would like to move the lot line because he doesn't want to infringe on the adjacent property when mowing or doing maintenance. Waldhauser asked about the age of the homes. Raley stated that both homes were moved onto the lots approximately 9 years ago. Segelbaum asked the applicant if he has any plans to construct an addition on the west side of the house at 5360 Lowry Terrace. Raley said no. Waldhauser reiterated that the implications of making Lot 4 narrower would not impact the City, but it may impact future homeowners. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Segelbaum stated that he realizes a subsequent homeowners proposal would stand on its own merit but he questioned if there is a way to note that if a future homeowner at 5360 Lowry Terrace were to ask the Board of Zoning Appeals for a variance it would more than likely be denied because the hardship would have been created by the property owner. Waldhauser said she doesn't think it's the Planning Commission's place to protect future homeowners. Grimes noted that conditions have been placed on subdivisions in the past regarding new construction but it would be difficult to place conditions on a proposal like this. MOVED by Eck, seconded by McCarty and motion carried unanimously to recommend approval of the minor subdivision request for the properties located at 5360 and 5380 Lowry Terrace subject to the following: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's email, dated November 24, 2010, shall become part of this approval. 3. The Proposed Sketch, submitted by the applicants, dated March 18, 2002, shall become part of this approval. C.. 1 Q e 1 Date: November 23, 2010 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Planning 763- 593 -80951 763- 593 -8109 (fax) Subject: Informal Public Hearing on Minor Subdivision of Property at 5360 and 5380 Lowry Terrace — David and Sandra Raley, Applicants Summary of Request David and Sandra Raley, owners of 5360 and 5380 Lowry Terrace, are proposing to redraw the property line between the two properties. This action would result in increasing the size of the 5380 lot (the westernmost lot) and decreasing the size of the 5360 lot (the easternmost lot). Property records indicate that both residences were constructed in 2001. Qualification as a Minor Subdivision The proposed action qualifies as a minor subdivision because the properties are part of a recorded plat. In addition, this proposed subdivision will produce fewer than four lots and will not create need for public improvements (such as street construction). The applicants have submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of the Minor Subdivision In addition to the Planning Department, the City Engineer and the Fire Chief have reviewed this request. The City Engineer has submitted an email dated November 24, 2010 regarding recommendations from the Public Works Department concerning this request. In this case, the Public Works Department's only comment is that new easements be consistent with City Code. The City Engineer's email will become part of the recommended approval for this request. According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Both proposed lots, upon the moving of the property line, will meet the requirements set forth by the R1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. There are already existing homes on the proposed lots. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. Sewer and water lines currently serve both homes. 4. Approval of the minor subdivision may require the granting of certain easements to the City. The final plat must show all necessary easements as required by the City Engineer. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunities to comment. The Minnesota Department of Transportation (MnDOT) has been sent notice of this action. MnDOT has provided no comments to the City. 6. The City may ask for review of title if requires by the City Attorney die to dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. No park dedication fee is recommended to be assessed to either property, as this request does not create any new lots for development. Recommended Action The Planning Department recommends approval of the minor subdivision with the conditions listed below: The City Attorney will determine if a title review is necessary prior to approval of the final plat. 2. The City Engineer's email, dated November 24, 2010, shall become part of this approval. 3. The Proposed Sketch, submitted by the applicants, dated March 18, 2002, shall become part of this approval. Attachments: Location Map (1 page) Email from City Engineer Jeff Oliver dated November 24, 2010 (1 page) Proposed Sketch (1 page) Hogeboom,Joe Subject: FW: Minor Subdivision (Lot Line Redraw) - 5360/5380 Lowry Terrace From: Oliver, Jeff Sent: Wednesday, November 24, 2010 10:16 AM To: Hogeboom, Joe Cc: Wittman, Lisa Subject: RE: Minor Subdivision (Lot Line Redraw) - 5360/5380 Lowry Terrace Our only comment is that there needs to be easements consistent with the Code. 1# mom, ;D5 Golden Valley City Engineer 7800 Golden Valley Road Golden Valley, MN 55427 763.593.8034 763.593.3988 (flax) joliver(cDci.goidenvalleymn.gov 1