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12-20-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber December 20, 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 1. CALL TO ORDER PAGES A. Roll Call B. Board/Commission Oath of Office and Presentation of Certificate of Appointment 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 - November 1, 2011 and 3-11 Council/Manager Meeting - November 9, 2011 B. Approval of Check Registers: 1. City 12 2. Housing and Redevelopment Authority 13 C. Licenses: 1. General Business Licenses 14 2. City Gambling Licenses 15 3. Fireworks Permit - Sweeney Lake Homeowner's Association 16-18 D. Minutes of Boards and Commissions: 1. Joint Water Commission - October 5, 2011 19-20 2. Minneapolis Water Board -August 25, 2011 21-23 3. Envision Connection Project Board of Directors - September 15, 2011 24-27 4. Bassett Creek Watershed Management Commission - October 20, 2011 28-35 E. Bids and Quotes: 1. City Newsletter Printing/Mail Handling - Quotes 36-37 F. Authorization to Sign Patrol Officer (LELS Local 27) Agreement 38-57 G. Authorization to Sign Police Sergeants (LELS Local 304) Agreement 58-76 H. Approval of 2012 General Wages and Salaries for Non-union Personnel 11-78 77-80 I. Approval of City Manager Salary 11-79 81-82 J. Amending Health Reimbursement Arrangement (HRA) Plan Documents 11-80 83-84 K. Adoption of New of Employee Handbook 11-81 85-87 L. Adoption of Fund Balance Policy for General Fund and Fund Balance Year-End 88-95 Classifications Policy 11-82 and 11-83 M. Approval of Accessibility, Design, Policy and Implementation Manual for Public 96-169 Rights-of-Way N. Authorization to Sign Agreement with Stantec for Streetscape Asset Management Plan 170-183 O. Authorization to Sign Contract Extension with North American Cleaning Services 184-186 3. CONSENT AGENDA - CONTINUED P. Authorization to Sign Agreement with Bassett Creek Watershed Management 187-206 Commission for Construction and Maintenance of Sweeney Lake Outlet Q. Authorization to Sign Agreement with Bassett Creek Watershed Commission for 207-247 Construction and Maintenance and Authorization to Sign Agreement with Barr Engineering Co. for Design and Construction Coordination of Wirth Lake Outlet R. Authorization to Sign Amended Agreement with Short Elliott Hendrickson for Inflow 248-253 and Infiltration Inspection and Program Monitoring Services S. Authorization to Send Letter to Three Rivers Park District Regarding Trail System 254-256 Winter Maintenance T. Second Consideration - Ordinance #477 -Amendment to Section 6.35 Regarding 257-259 Waste Hauler Contract and Licensing Requirements U. Receipt of November Financial Reports 260-267 V. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, 268-275 Radosevich, & Co. for 2011 Audit Services W. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations 276-280 11-84 X. Waiver of Public Hearing and Certification of Special Assessments: 1. 2011(B) Pavement Management Program Driveways 11-85 281-283 2. 2011(B) Pavement Management Program Sanitary Sewer Repairs 11-86 284-286 Y. Appointment to Caring Youth Recognition Board 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Human Rights Commission 11-87 288-290 B. Announcements of Meetings C. Mayor and Council Communications D. Recognition of Service - Linda Loomis and Bob Shaffer 7. ADJOURNMENT Regular Meeting of the City Council November 1, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on November 1, 2011 at 6:30 pm. The following members were present: Loomis, Pentel, Freiberg, Scanlon and Shaffer. Also present were: Thomas Burt, City Manager; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. Approval of Aqenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of November 1, 2011 as submitted. Approval of Consent Aqenda MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the consent agenda of November 1, 2011 as submitted. *Approval of Minutes - Citv Council Meetinq - September 6, 2011 and Council/Manaqer Meetinq - September 13, 2011 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the City Council Meeting minutes of September 6, 2011 and Council/Manager of September 13, 2011 as submitted. *Approval of Check Reqister MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment bills as submitted. *Solicitor's License - Custom Remodelers Inc. MOVED by Pentei, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Custom Remodelers Inc. *Solicitor's License - Minnesota Public Interest Research Group (MPIRG) MOVED by Pentel, seconded by Shaffer and motion carried unanimously to approve the solicitor's license for Minnesota Public Interest Research Group (MPIRG). *Solicitor's License -Allied Waste MOVED by Pentel, seconded by Shaffer and motion carried unanimously to to approve the solicitor's license for Allied Waste. Regular Meeting of the City Council November 1, 2011 Page 2 *Gamblinq License Exemption and Waiver of Notice Requirement - People Respondinq In Social Ministry (PRISIM) MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for People Responding In Social Ministry (PRISIM). *Minutes of Boards and Commissions MOVED by Pentel, seconded by Shaffer and motion carried unanimously to receive and file the minutes as follows: Planning Commission - September 12, 2011 Environmental Commission - September 26, 2011 Joint Water Commission - September 7, 2011 Open Space and Recreation Commission - September 26, 2011 *Authorization to Siqn Aqreement with North Suburban Towinq for Vehicle Impound MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager to sign the contract with North Suburban Towing, Inc., for motor vehicle impound services from November 15, 2011 to November 15, 2014. *Board/Commission Appointment - Envision Connection Proiect Board of Directors MOVED by Pentel, seconded by Shaffer and motion carried unanimously to appoint Mike Schleif to the Envision Connection Project Board of Directors. *Call for Administrative Hearinq - Tobacco Compliance Check Violation - Golden Vallev Service Center, LLC - 11/15/11 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-59 RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON TOBACCO SALES VIOLATION - GOLDEN VALLEY SERVICE CENTER, LLC The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Regular Meeting of the City Council November 1, 2011 Page 3 *Authorization to Siqn Aqreement with Bassett Creek Watershed Commission for Plans and Specifications for Reconstruction of Sweenev Lake Outlet MOVED by Pentel, seconded by Shaffer and motion carried unanimously to authorize the Mayor and City Manager sign an agreement for preparation of plan and specifications for the reconstruction of the Sweeny Lake Outlet with the Bassett Creek Watershed Management Commission for an amount not to exceed $49,000. *Set Special Council Meetinq Date - 12/13/11 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to call for a Special City Council meeting for December 13, 2011 at 7 pm to consider the following: Harold Avenue and Rhode Island Avenue North Reconstruction Project (hold public hearing for project and special assessments) and 2012 Pavement Management Program (hold public hearing for adding Turners Crossroad, south of Circle Down to PMP and special assessments) *Call for Public Hearinq - Street Reconstruction - Harold Avenue and Rhode Island Avenue North - 12/13/11 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-60 RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS PROJECT NO. 12-02 RECONSTRUCTION OF HAROLD AVENUE AND RHODE ISLAND AVENUE NORTH The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Call for Public Hearinq - Special Assessments - Harold Avenue and Rhode Island Avenue North Street Reconstruction - 12/13/11 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to call a public hearing for special assessments for Harold Avenue and Rhode Island Avenue North street reconstruction for December 13, 2011 at 7 pm. Regular Meeting of the City Council November 1, 2011 Page 4 *Call for Public Hearinq - 2012 Pavement Manaqement Proqram - Addition of Turners Crossroad - 12/13/11 Member Pentel introduced the following resolution and moved its adoption: RESOLUTION 11-61 RESOLUTION PROVIDING FOR PUBLIC HEARING AMENDING CITY PUBLIC IMPROVEMENTS PROJECT NO. 12-01 2012 PAVEMENT MANAGEMENT PROGRAM BY ADDING TURNERS CROSSROAD The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. *Call for Public Hearinq - Special Assessments - 2012 Pavement Manaqement Proqram - 12/13/11 MOVED by Pentel, seconded by Shaffer and motion carried unanimously to call a public hearing for special assessments for a public hearing for special assessments for 2012 Pavement Management Program for December 13, 2011 at 7 pm. Announcements of Meetinqs The City Election will be held on November 8, 2011. The Canvassing Board meeting will be held on November 9, 2011 at 6 pm. The next Council/Manager Meeting will be held on November 9, 2011 at 6:30 pm. An Executive Session to conduct the City Manager perFormance review will be held on November 9, 2011 after the Council/Manager meeting. An Executive Session for labor negotiations will be held on November 9, 2011 after the City Manager pertormance review. The City Offices are closed on November 11, 2011 in observance of Veteran's Day. Some Council Members may attend the Neighborhood Watch meeting for Zone 3 on November 14, 2011 at 7 pm. Regular Meeting of the City Council November 1, 2011 Page 5 Announcements of Meetinqs - Continued A Special City Council meeting to conduct an administrative hearing on a tobacco compliance check violation for Golden Valley Service Center, LLC will be held on November 15, 2011 at 6 pm. The next City Council meeting will be held on November 15, 2011 at 6:30 pm. Mayor and Council Communications No action and/or discussion took place. Adiournment The Mayor adjourned the meeting at 6:38 pm. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Council/Manager Meeting Minutes November 9, 2011 Present: Mayor Loomis and Council Members, Freiberg, Pentel, Scanlon and Shaffer, City Manager Tom Burt, Assistant City Manager Chantell Knauss, City Attorney Allen Barnard, Police Chief Stacy Carlson, Finance Director Sue Virnig, Director of Parks and Recreation Rick Jacobson, Director of Public Works Jeannine Clancy, City Engineer Jeff Oliver, Director of Planning and Development Mark Grimes, Also present was Metropolitan Council Member James Brimeyer, Environmental Commission Chair Rich Baker, Human Rights Commissioners Anne Dykstra, Marion Helland and Tim Hepren and Administrative Assistant Lisa Wittman. The meeting began at 6:30 pm in the Council Conference Room. Metropolitan Council Member James Brimeyer Metropolitan Council Member James Brimeyer was in attendance to provide an update on issues currently being examined by the Metropolitan Council. He introduced himself and explained that he represents District 6 which includes Golden Valley. He discussed his background and talked about several issues he is working on including the Bottineau Corridor, Inflow and Infiltration, Livable Communities grants, transitway development, Bus Rapid Transit (BRT) and work that has started on developing a regional framework for 2040. He discussed some of his future goals including the Metropolitan Council playing a greater role in economic development and trying to find permanent, stable funds for transit. The Council asked about the role of counties outside the seven-county metro area and the Metropolitan Council looking at the region as a whole. They also asked about potential plans to help make Inflow and Infiltration requirements easier for cities to enforce and the potential for high-speed internet in the area. Proposed Ordinance Amendment— Section 6.35, Waste Hauler Contract and Licensing Requirements Environmental Commission Chair Rich Baker noted that the Commission has been working since January 2010 studying ways to improve the City's waste hauling practices. He discussed the Commission's recommendation that haulers meet the following requirements: provide separate containers for yard waste, use at least 50% post- consumer recycled material for all recycling containers, pick up yard waste befinreen May 1 and November 1, offer valet service for senior and physically disabled residents and offer a discounted rate for neighborhoods that self-organize. Jeannine Clancy recommended that the dates of service for yard waste be extended. The Council discussed the idea of neighborhoods self-organizing. City Attorney Allen Barnard said there is some concern over requiring haulers to offer discounted rates to neighborhoods who self-organize because it could be viewed as an interference to fair market trade and competition. After discussion, the Council consensus was to bring the proposed ordinance changes to one of the regular December City Council meetings. Council/Manager Meeting Minutes November 9, 2011 — Page 2 Human Rights Commission Request to Form a Task Force Mayor Loomis referred to the Human Rights Commission's request to form a task force to work to identify and adopt best practices that prevent the use of unnecessary force by police officers. Human Rights Commissioner Anne Dykstra stated that their request to form a task force is an issue of safety and fairness for the residents based on the recent police incident on I-394. She said she feels the Human Rights Commission's by-laws allow them to advise the Council on human rights practices and form ad-hoc committees as needed. She said the Commission wanted to bring this issue up, not to criticize police, but because they feel more civic involvement and transparency are needed regarding human rights decisions. The Council discussed at length their concerns about how the Commission's request does not fit within the purview of their by-laws, why the issue was not listed on the meeting's agenda when it was discussed and why it was discussed with no senior staff present. They also expressed concern about the potential liability involved when the Human Rights Commission talks about issues that are part of an on-going investigation. Dykstra stated that the Commission understands there are issues that are hard to discuss and that their goal is to broaden the transparency and to ask for permission to work on these difficult police force issues. Police Chief Carlson explained that the Minnesota Board of Peace Officer Standards (POST) has mandated policies, training and audits that the City adheres to. She noted that the most recent audit done by the POST Board showed the City to be in complete compliance with its use of force policy. She added that she has never been asked by the Human Rights Commission for an explanation on police practices or how police officers are trained and the issues addressed in the Commission's proposed motion would be in violation of police officer's rights. She explained that the Civil Service Commission spent approximately two months reviewing their by-laws with the City Attorney to make sure the Department is in compliance with state statutes so she is not clear about what practices are considered to be out of the realm of"best practices." She referred to the issue of the Police Department being more transparent and explained that most of the Police Department's work is on video or audio tape that are open the to the public, there are citizen academies for people to learn why police do things the way they do, an annual report is published, they have a "police in the parks" program, are active in neighborhood watch groups and will share any information they are legally allowed to with anyone who asks. She added that she regularly receives correspondence thanking the police for their service and she is extremely proud of the City's Police Department. Dykstra said she wants this to be a positive exercise and a start to the dialogue. She added that the Commission is not trying to say that the Police Department does not do a good job. They just want to elicit opinions and participation from members of the community so the system of oversight is put into practice. After discussion the Council expressed their concerns about the appropriateness of the motion written by the Commission. The consensus of the Council was not to support the Commission's request to form a task farce because the motion submitted by the Council/Manager Meeting Minutes November 9, 2011 — Page 3 Commission was divisive, not factual and does not fit the role of the Human Rights Commission which is to bring the community together and assist and advise the Council. They also suggested the Commissioners attend the Citizen's Academy. Council Member Pentel apologized if her comments were perceived as casting dispersions on the former Director of Public Safety. She said her intent was to note that two of the items mentioned in the Human Rights Commission's motion occurred prior to the current Police Chief's employment. Harold Avenue and Rhode Island Avenue Reconstruction City Engineer Jeff Oliver reviewed a map of the area. He explained that Harold Avenue is a State Aid roadway therefore certain design criteria apply. The minimum width for a State Aid street is 26 feet, however to maintain passable roads in the winter and accommodate snow storage, Golden Valley has set a design standard of 28 feet of width on State Aid Streets. He discussed the proposed parking restrictions on Harold Avenue and explained the plan to bring the sidewalks up to ADA standards and to relocate utilities while minimizing the impact to existing trees. He reviewed the work being done regarding water quality improvements to Sweeney Lake including a potential pond. Oliver explained that the public hearing for this project will be heard at a Special City Council meeting on December 13 and will be combined with the 2012 Pavement Management Program. 2012 Pavement Management Program (Turners Crossroad) and MCES Forcemain City Engineer Jeff Oliver noted that in June the Council approved modifying the feasibility report to include a portion of Turners Crossroad in the Pavement Management Program. He referred to a map and reviewed the MCES reliever project and explained that it will cross under I-394, west of the Highway 100 interchange and come up at Circle Down. The City will construct the portion of the forcemain within Circle Down as part of the 2012 Pavement Management Project. He added that the earliest construction will start on the portions of the forcemain not being built by the City is September 2012. Director of Public Works Jeannine Clancy noted that this is a Iocal street so there will be assessments of $5,750 for affected home owners. The Council asked about the location of air relief valves. Oliver referred to the map and pointed out the proposed locations for air relief valves and the proposed lift station. He also discussed the easements that MCES needs on the Duke property. 2012-2013 General Fund Budget and 2012 Tax Levy Finance Director Sue Virnig was in attendance to answer Council's questions. She stated that the levy will be $16,409,450. The Council had no questions of Virnig since this item has been discussed at several previous Council/Manager meetings. Virnig stated that this item will be considered at the December 6 regular City Council meeting. 2012-2016 Capital Improvement Program Finance Director Sue Virnig stated that the 2012-1016 Capital Improvement Program was reviewed by the Planning Commission at their October 24 meeting. Council/Manager Meeting Minutes November 9, 2011 — Page 4 The Council discussed the proposed replacement of the carpeting in city buildings and suggested not waiting until the carpet becomes a tripping hazard before it is replaced. They also discussed the proposed study of Brookview Community Center in 2014. City Manager Tom Burt stated that there will be a workshop regarding the proposed study of Brookview in January in order to establish goals and to discuss possible finance options. Virnig stated that the Capital Improvement Program will be considered at the December 6 City Council meeting. 2012 Master Fee Schedule Finance Director Sue Virnig presented the draft master fee schedule for Council review prior to considering it at a Counci! Meeting. She noted that the fee for electrical permits has been added to the Fee Schedule. The Council discussed the tobacco license fees. The consensus was to keep the license fees the same as last year. The Council discussed the possibility of increasing the fee for variances to $150. The consensus was to raise the variance application fee from $125 to $150. Virnig referred to the Park and Recreation fees and noted that cancellation fees have been added to the fee schedule. Virnig stated that first consideration for the proposed Fee Schedule will be considered at the November 15 City Council meeting with second consideration on December 6. The meeting adjourned at 9:15 pm. Lisa Wittman Administrative Assistant � � ��m �,�� O . � � (� Finance _�� v 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. B. 1. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Document sent via email. Recommended Action Motion to authorize the payment of the bills as submitted. �� a : �� ;� P� Finance O V 763-593-8013/763-593-8109 (fax) �iti� Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. B. 2. Approval of Housing and Redevelopment Authority Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the Housing and Redevelopment Authority. Attachments Document sent via emaiL Recommended Action Motion to authorize the payment of the bills as submitted. ��,�.�' "�� f` ._ � � ,� �/ P� Inspections O g° �� N� V 763-593-8090/763-593-3997(fax) � Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathryn Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4949 RZMP Corporation Retail Tobacco Sales $275.00 d/b/a Schuller's Tavern 7345 Country Club Drive #4950 Scoreboard, Inc. Retail Tobacco Sales $275.00 d/b/a J.J's Clubhouse 6400 Wayzata Boulevard #4951 Golden Valley Country Club Retail Tobacco Sales $275.00 7001 Golden Valley Road #4958 Adelemor, Inc. Retail Tobacco Sales $275.00 d/b/a United Liquors #2 7751 Medicine Lake Road #4964 Linn Retail Centers Retail Tobacco Sales $275.00 d/b/a Golden Valley BP 600 Boone Avenue North #4961 Twin Cities Gas Retail Tobacco Sales $275.00 d/b/a Medicine Lake Winner 9405 Medicine Lake Road Recommended Action Motion to authorize the issuance of licenses as recommended by staff. � �f., �r � U y��i9 � �/ P Finance O `• � N+ V 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. C. 2. City Gambling Licenses Prepared By Sue Virnig, Finance Director Summary Listed below are the organizations that are renewing their gambling license. Chester Bird American Legion Post#523 Chester Bird American Legion Post#523 200 Lilac Drive North 200 Lilac Drive North Golden Valley, Minnesota 55427 Golden Valley VFW Post#7051 Golden Valley VFW Post#7051 7775 Medicine Lake Road 7775 Medicine Lake Road Golden Valley, Minnesota 55422 Minnesota Youth Athletic Services JJ's Clubhouse 1011 Osborne Road 6400 Wayzata Boulevard Spring Lake Park, Minnesota 55432 Crystal Lions Schuller's Tavern P O Box 28106 7348 Country Club Drive Crystal, Minnesota 55428 Recommended Action Motion to approve the City gambling licenses as follows: Chester Bird American Legion Post #523; Golden Valley VFW Post#7051, Minnesota Youth Athletic Services and Crystal Lions. �� - � tl INlum ( =., . Q ` � � i � �, e Fire Department P u b I i c S a f e t y 763-593-8055/763-512-2497(fax) �P��Fy I }� E E T M�NNES�P Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. C. 3. Fireworks Permit - Sweeney Lake Homeowner's Association Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Sweeney Lake Homeowner's Association and Americana Fireworks Company have applied for a permit to discharge aerial fireworks at Sweeney Lake for the 13th anniversary New Year's celebration at 12:00 midnight, December 31, 2011. If the event cannot be held on December 31 it will take place after dusk on January 1, 2011. The location of the fireworks display will be on private property located at 1801 Noble Drive (previously 4611 Golden Valley Road). The property owner, Mr. Wessin, has authorized the discharge of fireworks from his property. The fireworks display will be conducted by Americana Fireworks Company in accordance with local, state and national requirements. They will also take extra precautions to watch the weather and be prepared to take action to mitigate any potential safety or compliance issues ca�ased by weather. Attachment Letter from Mick Lee dated December 3, 2011 (1 page) Letter from George Wessin dated December 3, 2011 (1 page) Recommended Action Motion to approve the fireworks display permit for the Sweeney Lake Homeowner's Association. December 3, 2011 Golden Va11ey Pire Department Ed Anderson,Deputy Fire Marshall C�olden Valley Mayor and City Council 7800 Golden Valley Raad. Golden Valley,Minnesota 554�7 Dear Ed, Hanorable Mayor and City Council: We are once ag�in requesting permission to hire Americana Fireworks Display ta provide a professional display of fireworks�t Fnidnight on 12/31/11 to celebrate th�New Year. This�vill be the 13�`year for the event. Every year we have a lot of great feedback fram members and neighbors h.oping we wili do i�t again. The fireworks are completely funded by voIunt�ry contributions by members and friends from the surrounding neighborhoods. As you know,we have had ane ongoing camplaint for the Iast 4 years. This complaint is �'ram Christopher Gise,who is concerned about debris landing an his property due to stran�;winds: To my knowledge,one ather party has been cancerned that dehri.s falling into the lake might present an ecological problem. The last three years,Leonard�onander's crew has taken extra pre:caution to watch the weather and 6e prepared to take actian to mitigate any potential safety or other issues caused by the weather.. We will do tha.t this year as well. Also,the last three years the Fire Department stationed a couple of people on or near Mr. Gise's property for safety and communication purposes in case any debris might be a threat to his property. R1e look forward to continuing what has now became a tradition in Golden 'Va11ey and do request permission to shoot the shaw from George Wessin's property at 4611 Gol.den Vailey Raad. George has 11 acres and I 1 QO feet of lakeshore,which makes it an ideal place from which ta Iaunch the fireworks. He too is excited ta continue the tradition and has offered his property as the launch site again this year.. Thanks far your help and we hope you will stop by to enjoy the�ireworks. Sincerely, ` e''r �f�%�'" Mick Lee Sweeney Lake Associatian l 90Q Major Drive Golden Valley,Mn. 55422 Ce11612-845-1621 December 3,20l 1 Grolden Valley Fire Department Ed Anderson,Deputy Fire Marshall Golden Valley Mayar and City cauncil 7800 Golden'Valley Road Golden Valley,Minnesota 55427 Dear Ed,Honarable Ivlayor and City Council: The Sweeney lake Association is once again planning to provide a professionat fireworks display at midnight l2/31/l l to c�lebra.te the New Y`ear. For many years the display has been launched frorr�our property at 4611 Golden Valley road.and has become a nice tradition for Sweeney Lake residents and the surrounding neighbors. While our property is for sale,my wife Sue and I are stitl in ownership and do grant our permission to launch the fireworks from our property at the same site that has been used for many years. We appreciate the cfloperatian of the City of Gviden Val�ey in years past and look forward to her display to celebrate the 2012 New Year. Sinc 1 , � George Wessin JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of October 5, 2011 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Sue Virnig, Finance Director, Golden Valley Jeannine Clancy, Director of Public Works Bert Tracy, Public Works Maintenance Manager, Golden Valley Tom Mathisen, Director of Public Works, Crystal Randy Kloepper, Water and Sewer Superintendent, Crystal Guy Johnson, Director of Public Works, New Hope Pat Schutrop, Administrative Assistant, Golden Valley Minutes of September 7, 2011 MOVED by Norris, seconded by McDonald, and motion carried unanimously to approve the minutes of the September 7, 2011 meeting. Update on 24-Inch Valve Replacement (Mathisen) Crystal is proposing to replace the 24-inch valve at the 34t" and Douglas location this fall and not replace the valve at Bass Lake Road and Broadway as shown on the CIP until next year. Hennepin County wants to keep the intersection open at Bass Lake Road and Broadway due to work the County is doing in the area. Costs will be comparable. Water Interaction Studv Proposal (Clancv) The TAC met with Barr Engineering Co. on Monday, October 3, to discuss the backup water supply proposal submitted by Barr. The proposal was narrowed to fit the first steps and expectations of the JWC. Barr submitted a revised proposal for a water interaction study that would help understand the potential for unintended and undesirable chemical interactions if a groundwater source is mixed in the current water system. The study would include modeling, a bench scale study, meetings, analysis, and report preparation at a cost of$19,000. The modeling component will also show how the well water will interact with the distribution system. Joint Water Commission October 5, 2011 Page 2 of 2 The Commission discussed what stage of the study process should be presented to the three city councils. The consensus was to wait until the interaction study was complete to eliminate the unknowns regarding the use of groundwater as an emergency backup supply and determine how it will interact with the current water supply and its effects on the distribution system. MOVED by McDonald, seconded by Norris and motion carried unanimously to direct Barr Engineering Co. to perform the Water Interaction Study. Other Business County Road 9 Project—The TAC has not heard back from Hennepin County regarding cost sharing for the project. Norris will contact Jim Grube, Hennepin County Transportation Department Director, and Mathisen will also contact Hennepin County staff the TAC has been working with in the project process. Next Meetinq The next meeting will be Wednesday, November 2, 2011, at 1:30 pm. Adiournment Chair Burt adjourned the meeting 2 pm. Thomas D. Burt, Chair ATTEST: Pat Schutrop, Recording Secretary Minneapotis Water Advisory Board Meeting No. 10 Minutes August 25, 2011 —4:30 pm Fridley Filtration Plant Taur—3:30 pm !n Attendance Linda Loomis, Mayor and Co-Chair, City of Golden Va41ey Tam Burt, City Manager, City of Golden Valley Jeannine Clancy, Director of Public Works, City of Golden Valley Kevin Reich, City Council Member, City of Minneapolis Steve Kotke, Director of Public Works, City of Minneapolis Bernie Bullert, Director of Water Treatment & Distribution, M'rnneapolis Water Works Chris Catlin, Superintendent of Water Plant Operations, Minneapolis Water Works Brette Hjelle, Interagency Coordinator, City of Minneapolis Guy Johnsan, Directar of Public Works, City of New Hope Anne Narris, City Manager, City of Crystal Tom Mathisen, City Engineer, City af Crystal Bob Cockriel, Ut9Eities Superintendent, City of Bloomington Jani Bennett, City Council Member, City of Edina Fridley Filtration Plant Tour{Cattin) A tour of the facility was conducted prior to the meeting. Call to Order Co-Chair Loomis called the meeting ta order at 4:40 pm. Loomis requested that the Jvint Water Commission Water and Research Update be added to the agenda. With no objections, the agenda was approved with the noted additional item. Approval of Minutes MC}VED by Norris, seconded by Burt, and motion carried unanimously to approve the minutes of February 10, 2011. Pro Forma Review(Bullert) Bullerk presented the proposed Water Fund pro Forma and specifically discussed plan year 2012. The sales volumes were lowered annually over the next 1Q years due ta less demand. The national trend is Iower water sales driven by commercial and industrial sales and the economy. The downward water trend should flatten out by about year 2020. The current rate is based on water vofumes. The industry tendency is maving toward fixed rates and Minneapolis is proposing a fixed rate based on mete�size in 2012. Its water customers will not experience a rate increase in 2012 due to this fixed rate methodology. The Minnesota Departmen# of Natural Resources (DNR) did not require Minneapolis to implement a summer/winter conservation rate structure because it was satisfied that Minneapolis met or was below the DNR conservation goal. The hydrant and meter replacement program was an operating expenditure and has now been more accurately categorized as a capita! expense. The City started planning for a reserve fflr membrane and valve replacements in 2011. In an effort to continue to be fiscally 1 resp�nsible, the City has successfully established the cash balance to where it shou(d be and is taking a more methodical approach to projects and stabilizing the rate increases. Also noted is the increase shown in non-capital related revenue far City services is mostly pension-related. Update on Studies (Catlin) Taste and Odor—Minneapolis is working with the University of Minnesota and a consultant to continue to improve the taste and odor issues by evaluating the performance of activated carban and ozone effects on taste and odor contro(. Taste and odor complaints are down from 140 in 2010 to less than 5 so far in 2Q11. Groundwater—Barr Engineering Co. is working on a study to evaluate groundwater as an alternate water supply. This year, the high river water levels at the Fridley plant have caused the groundwater levels to increase and made the tanks inaccessible for cleaning. Minneapolis is evaluating the instal(atian of dewatering wells to help reduce the high water so that the water tanks can ba cleaned. The study is in the earfy stage and should be completed by the end of the year. Developing a method ta capture the shallow groundwater layer could provide an alternate graundwater supply that could be available by spring runaff. Fridley Filter Plant—Minneapolis is evaluating bonding as a source to pay for the renovation of the plant and equipment. Columbia Heights 1913 Piant Although this plant was built in 1913, many of#he areas are stil! necessary and a study will be conducted to evaluate alternatives to rehabilitate or replace the facility. Private Meters (Bullert} ' Minneapolis is setting up a process to test wholesale meters every two years. !n a recent ' discussion with the Jaint Water Commission (JWC) regarding meter awnership, the City and the JWC agreed with the idea of Minneapolis taking over ownership of the meters. The goal is that all master meters will be owned by Minneapolis. Project Updates (Bullert) • Fridley Projects: o The filter presses are operating well and producing sludge cakes. The operational cost savings realized from the improvements is $1 million annually. o Electrical upgrades and the chloride storage replacement system:; o The ammonia storage improvement project has started. o Pump 21 replacements {switch gear and motor), o Flood wall will be upgraded this year in order to withstand a 500-year flood event. o Roof repairs as a rasult of the May 22"d tornado will be done. Federal funds will reimburse T5% of the costs. • Lining program is progressing. The cement lining is about completed and structural lining has started, s Joint Water Commission Wa#er and Research Update (Loomis) The forcemain from Minneapolis ta the Crystal reservoir will be rebuilt by Hennepin County starting in 2013. The County and the JWC TAC are looking at the benefits of reducing #he 38-inch pipe to a 24-inch pipe. The anaiysis has shown tha#a 24-inch pipe could handle the water. At the tri-city council meeting, the backup emergency supply plan was discussed. The result was to move ahead with preparation of a plan to study and/or proposal to meet JWC ernergency water supply needs. The JWC is working with Barr Engineering Co. on this planning effort. The New Hope well#1 wil! be resurrected. It was shut down in 1964. The JWC is working with the Minnesota Department of Health to get it back on line as an emergency water supply. The New Hope well is one of four wells the JWC is considering for backup. The New Hope well could ga online within weeks and provide some partial backup to complement Minneapolis efforts in the case of an emergency. The update on the JWC water and research will be an ongaing WAB agenda item. Miscellaneaus Mayor Loomis is a member af the Metrapolitan Area Water Supply Advisory Committee and reported that this committee has not met and that water resources appear to be a Iower priority at the State government level at this time. The University of Minnesota Water Sustainability Framework submitted its repo�t, but no legislative action has yet been taken. Next Mee#ing (Hjelte) There is a conflict with the next scheduled meeting in November. Hjelle will natify#he board of the new date and meeting location. Adjournment The meeting adjourned at 5:40 pm. Respectfully submitted: E��o�� Pa Schutrop Administrative Assistant, City of Golden Valley 3 Minutes Envision Connection Project Executive Board September 15, 2011 7 pm, Brookview Community Center, Conference Room Directors Present: Linda Loomis, Chair, Lynn Gitelis, Sharon Glover, Philip Lund, Dean Penk (7:55 p.m.), Marshall Tanick (7:15pm), Blair Tremere Guest: Mike Schleif Directors Excused: Jim Heidelberg, Cindy Inselmann, Helene Johnson Directors Absent: Luke Weisberg Staff: Sandy Werts. 1. Call to Order and Introduction of New Member Nominee The meeting was called to order at 7:10 pm by Mayor Linda Loomis. There was not a quorum. A quorum was established at 7:15 pm. Mike Schleif was invited to attend the meeting as a potential new board member. He gave his background and talked about his community involvement and why he would like to serve on the Envision Connection Executive Board. 2. Approval of Agenda The agenda was approved as presented 3. Approval of the Minutes of August 18, 2011 Motion: It was moved by Lund and seconded by Glover to approve the minutes as written. The motion passed unanimously. 4. Community Foundation Update The Community Foundation Board met on September 14 and began discussion on the giving program. There are four components to the giving program —governance, accountability, scheduling and program. Program includes limitations, who the Foundation can give to and who they cannot give to. Tremere said the goal is to have the "Founding Board "in place by May 20, 2012 5. Bridge Building Activities • Commonplace Web PlatForm — Loomis reported that community leaders are invited to a meeting on Monday, September 19 at 7 pm at city Hall. Two community organizers will come to golden Valley for ten weeks to sign up people and to show them how to connect neighborhoods and organizations. This new website will allow community groups to announce their activities that cannot go onto the city website. Housing and transportation are needed for the finro volunteers who are coming October 1. The notice was sent to the Envision board, the Lilac Planning Team, the Faith Community, the 125t" Anniversary Committee, the Farmer's Market Organizers and other selected individuals. Schleif suggested inviting Twin West members. The website will be administered in golden Valley. Membership is limited to those with Golden Valley addresses. Gitelis offered that a good description for the site is a "community bulletin board or newspaper." • Bridqe Builders - the Bridge Builders are meeting on Saturday, September 17 at the PRISM office. There will be a 45 minute meeting followed by a history bus tour of Golden Valley that should be done at noon. Lund expressed his desire to "galvanize' Bridge Builders to make it a "force" in the community so that when you look at a map of the city, there are Bridge builders everywhere. Loomis will prepare the agenda and will include the following: 1. Introduction and Welcome 2. Updates 3. 125t" anniversary 4. How to galvanize volunteers 5. Future meetings. • Lilac Plantinq —The event is on October 1. Loomis hosted a notice on her Facebook site. Some people "liked" it right away. Envision will set up their table from 11:30 to 12:30 pm Lund and Dwight Townes are serving as "foremen" for the planting. The Kelly Street Pumpkin Festival is also on October 1. • Vallev Volunteer Day - This event is also on October 1. Werts met with Jennifer Mathwig today and did a spot for Channel 12. There are five projects as part of WD —the Lilac Planting, Chalk Art, Buckthorn Busting, Befriending Birds and litter pickup at the Laurel Avenue Ponds. • Envision Award - Loomis nominated Don Anderson for the Envision Award. He Co-chaired the Steering Committee during the Envision Summit Motion: It was moved by Tanick and Seconded by Tremere to give the Envision Award to Don Anderson for his involvement in the community with emp_hasis on his work on the Envision Summit. • Garden Club - The Garden Clubs are assisting with the lunch for the Lilac Planting. The morning club has made a $100 donation. The evening group is also planning a donation. • Farmers Market—The Farmers Market has been Successful. It is open through October 9. Loomis said the organizers said they will break even. There is room for twelve more stalls. They do not want to get much bigger so it doesn't dilute the sales. The market would like more meat and cheese vendors. • Ice Cream Social—Werts said the bill for the ice cream and cones is $682.00. The revenue that came in does not cover this. Tanick recommended making a request to the 125t" Anniversary Committee for the funds to cover the shortfall. A question was asked if the Golden Valley Sunflower ice cream would be available to be served at the 125t" Birthday Party. Werts said she would ask if it would be available. • Nei_qhbors Helping Neiqhbors-Valley of Peace is interested in being a part of this. Loomis will put them in touch with DeDe Scanlon 6. 125 Anniversary Planning a. Activities —The "birthday party" will be on Friday, December 2. The Time Capsule contents will be on display at the event. Tremere is looking for people to help collect the items suggested. He will bring the list to the next meeting. Tanick said that Poquet Auto is giving $100. The Party is being called a Birthday Party because 2012 is the 125t" year and some events that did not occur this past year can take place. The party will become the kickoff for the coming year. The committee must also look at where the Hall of Fame will go. b. Next Meeting —The next meeting is September 22 7. New Business - None 8. Communications • 125th Anniversary organization article —the Golden Valley Women's Club was featured in the Sun Post and Patch.com during the month of August 9. Recruitment of Members to Executive Board Mike Schlief said he is interested in a position on the board. Werts said she would talk to Cindy Inselmann about her seat, and Penk will talk to Weisberg. There was a question about Weisberg being appointed. Werts will look at what was prepared to send to the council when Gitelis and Inselmann were appointed and will prepare something for the council. 10.Upcoming Meetings Oct. 20, November 17 and December 15 — Brookview Conference room 11.Adjournment The meeting was adjourned at 8:45 pm. BCWMC October 20,2011,Meeting Minutes ��as�,,, t�Cx��k�?Vatersh��Y'��,�anagem��it��►��i�� - r' , p,i�� Mi%�u��es°af the ll��ting of':�c�a��r��,��11 �'. ..: _ , ;�. � . �,� _ L CALL T'(.}�}RDER� ,, The Bassett Creek Watershed Management Commission(BCWMC)was called to order at 11:32 a.m.,on Thursday,October 20,2011,at Golden Valley City Hall by Chair Loomis.Ms.Herbert called roll. ROLL CALL Counsel Charlie LeFevere Crystal Commissioner Pauline Langsdorf Engineer Karen Chandler Golden Valley Commissioner Linda Loomis,Chair Recorder Amy Herbert Medicine Lake Commissioner Ted Hoshal Minneapolis Alternate Commissioner Lisa Goddard Minnetonka Commissioner Jacob Millner New Hope Not represented* Plymouth Commissioner Ginny Black,Vice Chair Robbinsdale Not represented St.Louis Park Commissioner Jim de Lambert,Secretary Note: New Hope Commissioner John Elder arrived after roll call Also present: Laura Adler,BCWMC Technical Advisory Committee,City of St.Louis Park Derek Asche,BCWMC Technical Advisory Committee,City of Plymouth Rick Brasch,Three Rivers Park District Pat Byrne,BCWMC Technical Advisory Committee,City of Minneapolis Kevin Christian,AMLAC(Association of Medicine Lake Area Citizens) Terrie Christian,AMLAC(Association of Medicine Lake Area Citizens) Christopher Gise,Golden Valley Resident Ferdousi Gramling,Medicine Lake Resident Dave Hanson,Alternate Commissioner,City of Golden Valley Tom Mathisen,BCWMC Technical Advisory Committee,City of Crystal Richard McCoy,BCWMC Technical Advisory Committee,City of Robbinsdale Jeff Oliver,BCWMC Technical Advisory Committee,City of Golden Valley Liz Stout,BCWMC Technical Advisory Committee,City of Minnetonka 1 BCWMC October 20,2011,Meeting Minutes � „ . � APFR��AL(?�--t�GEl�TD��A'�D C(��TSENT AG�+�1UA: ', �'�'" � "' . .>_ ��. . �o : ��.� : �� . . ��.a... � � Commissioner Black moved to approve the Agenda and the Consent Agenda.Acting Commissioner Goddard seconded the motion.The motion carried unanimouslv with seven votes in favor[Cities of New Hope and Robbinsdale absent from vote]. �� ' �. ��z��r��t�c��v��-�,��rtn�=�� .: � � i. !� ' � � No citizen input on non-agenda items 4, ADM�T�T12�'�`T(3N' 4A.Presentation of 5eptember 15,2011,Meeting Minutes.The meeting minutes were approved as part of the Consent Agenda. 4B.Presentation of Financial Staternents.The BCWMC's October 2011�nancial report was approved as part of the Consent Agenda. The general and construction account balances reported in the October 2011 Financial Report are as follows: Checking Account Balance $525,952.99 TOTAL GENERAL FUND BALANCE $525,952.99 TOTAL CONSTRUCTION CASH& $2,009,733.13 INVESTMENTS Investment due 9/16/2015 $512,059.83 TOTAL ON-HAND CONSTRUCTION $2,521,755.00 CASH &INVESTMENTS CIP Projects Levied—Budget Remaining ($2,486,864.69) Closed Projects Remaining Balance $34,890.31 2011 Anticipated Tax Levy Revenue $444,068.08 4C.Presentation of Invoices for Payment Approval. i. Kennedy& Graven—Legal Services through August 31,2011—invoice for the amount of$1,533.55. ii. Barr Engineering Company—Engineering Services through September 30,2011—invoice for the amount of$33,090.58. iri. Amy Herbert—September Secretarial Services—invoice for the amount of$3,087.48. 2 BCWMC October 20,2011,Meeting Minutes iv. D'amico-ACE Catering—October BCWMC meeting catering—invoice for the amount of$248.34. Commissioner Langsdorf moved to approve payment of all of the invoices. Commissioner Black seconded the motion.By call of roll the motion carried unanimouslv with seven votes in favor[Cities of New Hope and Robbinsdale absent from vote]. 4D.BCWMC Budget Committee Recommendations for the 2011 Budget, Commission Administration,and 2012 Budget. Commissioner Black noted that the Committee met after the Commission's October meeting packet had been mailed out but that the Committee's memo had been e- mailed out and handed out.She noted that in the memo the Committee had made adjustments to the numbers discussed at the September Commission meeting to reflect for the September expenditures in some of the budget items addressed in the Commission's September action regarding reducing spending and budget in the following line items: Water Quality/Monitoring,Water Quantity,Watershed Inspections,Annual Flood Control,and Review Municipal Plans. The Commission discussed the idea of adding back the cuts it approved last month in the water quality and quantity budgets but took no action.Ms.Chandler answered questions regarding the water quality budget and the status of the 2011 water samples.She clarified that all of the water samples have already been taken for the 2011 sample season.Ms.Chandler said that the cut in the 2011 water quality budget would mean that the report on the data would not be prepared in 2011. Ms. Chandler said that former Administrator Nash was leading the effort to investigate the possibility of the BCWMC using transducers on several lakes in the watershed as the way to monitor water levels.She said that the Commission Engineer does not know the status of that project.She added that the water quantity budget cut for the remainder of 2011 means that water levels will not be taken for the rest of the year. Chair Loomis said that the Commission needs to check with Mr.Nash on the status of the transducer project.Commissioner de Lambert offered to loan the BCWMC two sealed transducers for the winter for the Commission to trial using them to monitor water levels.He noted that those transducers would not auto-correct for barometric pressure but such information could be obtained from the airport. [Commissioner Elder arrived] The Commission discussed the idea of cancelling the Commission's December or January meeting.Mr. LeFevere offered methods that the Commission could employ to take care of its administrative business if it did cancel one of its meetings,such as appointing a committee or asking a quorum to meet for an abbreviated meeting.Mr.LeFevere encouraged the Commission to make the decision in November when it had a better idea of what work it had in front of it so that the Commission wouldn't run into the issue of cancelling a meeting but then needing to reverse the decision due to the need to conduct timely permit application reviews or other matters that couldn't be delayed. Chair Loomis asked if the Commission wanted to take any other action now regarding its budget. Commissioner Hoshal asked what the consequence would be if the Commission ended up running over fts 2011 budget. Chair Loomis responded that the budget is the Commission's planning document. Commissioner Hoshal commented that the Commission has spent its budget in a responsible manner and on justi�ed expenses. Ms.Chandler stated that the Commission Engineer has taken steps to reduce budget per the direction 3 BCWMC October 20,2011,Meeting Minutes given by the Commission last month and she wanted to make sure the Commission was aware of that and continued to be in agreement with it.Chair Loomis said yes and added that the Commission can always discuss at a future meeting if it wants to reinstate any of those items. She said that there is no action needed now on the part of staff. � � 5�1�'W B`T3SI�t�� dd^ i _ . . ,.1;,k�._ . . . .! „.. . . . . . . . . . A. Sweeney Lake Outlet Replacement Project i. Order November 16th Public Hearing on Project.Mr.LeFevere noted that the project requires a hearing for the member cities but the notice is not required to go out in the Commission's official publication.He said that the Commission's acknowledgment today of the November 16"'hearing ratifies the action of the Recording Administrator who has already noti�ed the cities of the hearing. ii. Feasibility Report Presentation.Ms. Chandler gave a PowerPoint presentation of the Sweeney Lake Outlet Replacement Project.She described the ways in which the existing structure is deficient,addressed the recommended solution,which is a sheet pile weir with a concrete cap,discussed the opinion of cost for the estimated$180,000 project,and noted anticipated needs for permits,approvals,and agreements.Chair Loomis asked about the status of the grant application for the project from the Dam Safety grant program.Ms. Chandler reported that the project did not receive grant funding. iii. Cooperative Agreement for Preparation of Plans and Specifications for the Reconstruction of the 5weeney Lake Outlet. Commissioner Black moved to approve the Cooperative Agreement.Commissioner Elder seconded the motion.Chair Loomis requested the friendly amendment that the Commission authorize the Vice Chair to sign the agreement on the Commission's behalf. Commissioners Black and Elder approved the friendly amendment.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote]. iv. Direct Preparation of Materials for November Meeting. Ms. Chandler noted that the Commission would need a draft resolution and a draft cooperative agreement prepared for the November meeting.Commissioner Black moved to approve directing staff to prepare any necessary materials for the November meeting.Commissioner Elder seconded the motion.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote]. 6. OLD BUS��ES� ,, A. Status Update on Cooperative Agreements. Wirth Lake Structure Modification Pro_iect Mr.LeFevere said that the Commission's past cooperative agreements have been set up based on one model.He said that the model was that the city building the project would own the project once it was completed,at which time the completed project would become part of the city's infrastructure.He said that in the Commission's Watershed Management Plan the BCWMC decided to assume responsibility for maintenance and repair of the infrastructure of the original flood control project.Mr.LeFevere noted that he assumes that decision was based on the fact that the Commission had funds left over from the flood control project.He said he believes that the Commission wanted to put the funds collected for 4 BCWMC October 20,2011,Meeting Minutes the project to use maintaining the project.He said that decision did not extend to the Commission's water quality projects.Mr.LeFevere said that there isn't anything in the Commission's Plan requiring it to participate in the maintenance of water quality projects. Mr.LeFevere said that the first draft of the agreement for the Wirth Lake Outlet Structure Modification project was drafted per the Commission's typical model.He reported that the City of Golden Valley has requested that the agreement be revised to indicate that the City would be responsible for routine maintenance but the Commission would be responsible for major maintenance, repair,and replacement. Mr.LeFevere noted that this request would probably raise Commission questions on whether the Commission wants to take on responsibility for long-term maintenance and if so,when. He said the cities may have questions about facilities that have already been built for water quality treatment prior to the assignment of waste load allocations.He said that this is a big policy issue as well as a significant �nancial issue so he is bringing it back to the Commission for discussion and direction on how to respond to Golden Valley's request. Jeff Oliver said that there must be some verbiage that would reflect that the Commission would take responsibility for replacement and major structural reconstruction such as replacement of the check valves.He said that Golden Valley would be responsible for maintenance of the hatch,trash removal, but the major structural repairs or replacement should be a watershed responsibility.Mr.Byrne agreed with Mr.Oliver that replacement of the structure is a regional issue and there should be a shared obligation due to the TMDL wasteload allocation.He suggested that the Commission consider agreeing on the language that routine maintenance is considered maintenance performed through the year;long-term maintenance is considered a long-term process like pond dredging that happens once every 15 years;and,replacement is considered work that is again at the level of a capital project. Mr.LeFevere stated that he needs direction from the Commission on the draft agreement. Commissioner Black said that she is wondering about the timing of the agreement in terms of when the City would need it to be�nalized since it is getting close to the time for the construction of this type of project.Mr.Oliver said that the City is planning to do construction this year. Commissioner Black said that she is comfortable with structuring the agreement as narrowly as possible to indicate that the Commission would be responsible for replacement of the structure.Mr.Oliver asked that the language be broad enough to include the replacement of the check valves.Mr.LeFevere said that it sounds like Commissioner Black's concept that the Commission participate with the big costs.Commissioner Black agreed.Commissioner Elder agreed with Commissioner Black's concept with the condition that language specifically delineates between long-term maintenance and replacement because he is not in agreement with long-term maintenance but does agree with the concept that the Commission would be responsible for replacement. Chair Loomis said that the Commission indicates its agreement with Commissioners Black and Elder and directs staff to prepare the cooperative agreements with language that the Commission would be responsible for handling the replacement of the structures. Main Stem A�reement Mr.LeFevere reported that he has gotten input from Golden Valley but not Minneapolis on the Main Stem Agreement. B. Set Agenda for the November 3�d TAC Meeting.Ms. Chandler said that the packet includes a 5 BCWMC October 20,2011,Meeting Minutes memo with a list of remaining TAC items.She reviewed the memo with the Commission.She said that the TAC would need to discuss applications for Channel Maintenance Funds at a future TAC meeting but the materials wouldn't be ready for discussion at the November meeting.Commissioner Black recommended that the Commission direct the TAC to move ahead with reviewing the received RFQs and recommending a final list of�rms to the Commission and to discuss the locations of the placement of the proposed pressure transducers.The Commission agreed.Commissioner de Lambert volunteered to be the TAC liaison at the November 3"d TAC meeting. Ms.Chandler said that the BCWMC received an inquiry from Brad Wozney of BWSR aslcing the status of the Commission's Next Generation Planning Process.She added that the Commission hasn't discussed this issue in some time.The Commission agreed to add to a future meeting agenda a discussion of the Commission's Next Generation Planning Process and timeline. C. Discussion with Three Rivers Park District about Aquatic Invasive Species/Zebra Mussels. Rick Brasch of the Three Rivers Park District(TRPD)summarized the Three Rivers Park District's boat inspection work that took place between Memorial Day and Labor Day this year.He noted that the TRPD logged 82 hours per week on boat inspections. Mr.Brasch reported that the TRPD received a$7,700 grant from the Minnesota Department of Natural Resources(DNR)to help increase the TRPD inspections at the three points of entry including Fish Lake,Medicine Lake,and Lake Independence.He said that the DNR added 146 hours of inspections at Medicine Lake by DNR staff and the DNR staff primarily filled in hours at the end of the day after the TRPD inspectors had left.Mr.Brasch noted that the TRPD had spent appro�mately 50 hours a week at Lake Independence and Fish Lake and more than 80 hours a week doing inspections at Medicine Lake. Mr.Brasch�elded questions from the Commission.Commissioner Hoshal said that he had passed on to Commission staff for distribution to the Commission a link to the Minneapolis Park and Recreation Board's Zebra Mussels Action Plan and noted that anyone still needing the link could contact staff. Commissioner Black asked if any Commission member would be willing to go through the MPRB plan and summarize and pull out points for Commission discussion at a future meeting.She noted that the Commission likely would want to have the discussion and decisions made before the lakes warm up in about April.Commissioner Hoshal volunteered. D. Draft BCWMC Policy Manual.The Commission reviewed and made edits to Policy 2.10 Required Scheduled Activities(page 15 in draft manual)and Policy 2.11 Code of Ethics/Conflict of Interest. '7;`��1'��1VIT:IAIICATI�1�� y r'��j��: ' � -', Chair: 1. Chair Loomis reported that the Commission received a communication about the City Watershed Industrial Storm Water Connection.She asked about how the Commission Engineer could obtain a list of industrial stormwater permitees in the watershed.Mr.Oliver said the information is available on the Minnesota Pollution Control Agency(MPCA)Web site.Chair Loomis said the Commission received an invitation to attend a meeting of the Joint Municipal Storm Water Watershed/MPCA Industrial Storm Water group from 9:45 a.m.to 2:00 p.m.on November 9"'at the MPCA.Chair Loomis asked the Commission if it wants to send someone to this meeting. Pat Byrne said that he would be attending the meeting and could attend on the Commission's behalf. 6 BCWMC October 2Q 2011,Meeting Minutes 2. Chair Loomis stated that BWSR contacted the Commission asking to be sent the replacement pages in its Plan as modified by the Commission's recent Plan Amendment.Commissioner Black moved to approve staff to send the replacement pages to BWSR. Commissioner Elder seconded the motion.The motion carried unanimouslv with eight votes in favor[City of Robbinsdale absent from vote]. Chair Loomis also said that BWSR is asking for an update from the Commission about its Next Generation Planning process and time line. Commissioners: 1. Commissioner Black reported on the status of the Hennepin County draft report of the Water Governance Project. 2. Commissioner Hoshal introduced Ms.Ferdousi Gramling from the City of Medicine Lake who may be appointed by the City to represent it on the BCWMC's Technical Advisory Committee. Committees: Education Committee 1. Commissioner Langsdorf said that the Education and Public Outreach Committee submitted an article for publication under Chair Loomis' name but the paper didn't want to publish it during the weeks before the election.Chair Loomis commented that she has asked the paper to publish the article under Commissioner Langsdorf's name as the Chair of the BCWMC Education Committee. 2. Commissioner Langsdorf reported that the West Metro Water Alliance will next meet in January 2012. 3. Derek Asche had an update on the Metro Chloride Project.He said the group recently had its kick- off ineeting and plans to begin meeting on a regular basis.Mr.Asche brought up the Nine Mile Creek Watershed District's chloride TMDL. Engineer Communications 1. Ms. Chandler reported that the 2010 Clean Water Fund grants,which the Commission received for the 2010 Plymouth Creek and the 2010 Main Stem projects,expire on December 31S`.She said that BWSR has communicated that all funds must be spent,not just encumbered,by that date.Ms.Chandler said that the Commission Engineer has been contacting the cities and asking about the status of the projects.She said that the Commission received today a reimbursement request from the City of Plymouth for the 2010 Plymouth Creek Restoration Project.Ms.Chandler said that the Commission Engineer would like the Commission to receive all reimbursement requests by the next meeting so it can gauge if it will need to request an extension.She said that the Commission Engineer would like the Commission to direct it to review the reimbursement request from the City of Plymouth and the upcoming request from the City of Golden Valley for Commission discussion at its next meeting.The Commission directed the Commission Engineer to perform the reviews. 2. Ms. Chandler reported that the Commission Engineer submitted the grant application for the 2012 Clean Water Fund grant. 3. Ms. Chandler said that at a future meeting the Commission Engineer will present the Schaper Pond feasibility report.She said that if the Commission wants to follow up on its discussion of management options of Twin Lake then Dr.Keith Pilgrim could do it at the 7 BCWMC October 20,2011,Meeting Minutes same meeting,either the December or January meeting.The Commission took no action on setting a date for the Schaper Pond feasibility report presentation or for scheduling a presentation about Twin Lake management options. �� ; i i �, :_: ,ra,,��fi ii ��,�,� , :_ �.��,�{��,,��'� ��,, F °�.�t�a�-�� The meeting adjourned at 2:00 p.m. Linda Loomis, Chair Date Amy Herbert,Recorder Date Jim de Lambert,Secretary Date 8 � , N� ��b�� P City Administration/Council 0 `. . ° ' � �/ 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. E. 1. Quotes - City Newsletter Printing/Mail Handling Prepared By Cheryl Weiler, Communications Director Summary Because of its solid editorial focus and publishing strategy, CityNews has long been one of Golden Valley's strongest communications tools. The successful editorial strategy focuses on educating citizens about City services and includes educational pieces about service-related topics (eg, environmental, personal safety, citizen involvement, etc) that enhance quality of life for individuals and the community as a whole. This user-friendly package enhances the City image and increases community awareness. The budget for 2012 is $24,500, which includes printing on recycled paper plus $4,970 for mail handling costs (but not postage). CityNews is mailed bulk rate to around 11,200 homes and businesses. All writing, editing, design, and prepress production is done in-house. An electronic file is provided to the printer for output and printing. Fourteen printers submitted quotes in response to the newsletter's current specifications (sent to 27 printers) aimed at providing the City with the highest quality at lowest cost. Printer Quote (6 Issues) Leffler Printing $17,370.00 MLB Printing $17,790.00 Nystrom Publishing $17,944.00 Printing Enterprises $18,600.00 Wallace Carlson $19,311.60 Brooklyn Printing $19,590.00 Custom Business Forms $22,116.00 Printing Enterprises $22,200.00 Catalyst Graphics $22,968.00 (did not bid specified paper stock) Choice Printed Products $23,214.00 John Roberts Company $25,602.00 Express Press $29,066.76 APEX $29,686.80 MPX Group $29,948.88 Recommended Action Motion to authorize the printing and mail handling for six issues of the City newsletter for 2012 to the lowest responsible bidder, Leffler Printing for $17,370. �c� ;:�� :, �.� p ` City Administration/Council O � �, e 763-593-3989/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. F. Authorization to Sign Patrol Officer (LELS Local 27) Agreement Prepared By: Chantell Knauss, Assistant City Manager Summary A two-year agreement with LELS Local 27, the Patrol Officer unit of LELS, has been reached. The agreement provides for the following: • Under Article 18 - Sick Leave. In the event that the City requires a second medical opinion before an employee can return to work, the employee will be placed on administrative leave in the interim; • Under Article 30 - Educational Reimbursement. Clarified that employees are eligible for a reimbursement up to the non-taxable IRS maximum per calendar year (currently $5,250); • A decrease of$75 in the monthly insurance contribution equivalent to the decrease provided to non-union employees, including the $20 wellness incentive, for 2012 and an increase of$52 per month for 2013, which represents 50% of the guaranteed maximum 9% premium increase; • 1.0% increase in wages on January 1, 2012 and 2013 (there was a 0% wage increase in 2010 and 1.5% in 2011); • A minimum 2% market adjustment on July 1, 2013, based on 2012 wage information. The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement - LELS Police Officer 2012-2013 (19 pages) Recommended Action Motion to authorize the Mayor and City Manager sign the 2012-2013 Patrol Officer agreement. LABOR AGREEMENT LELS POLICE OFFICER For 2012 - 2013 This Agreement dated December 20, 2011 is made and entered into by and befinreen the City of Golden Valley, hereinafter referred to as the "Employer" and Local #27 of Law Enforcement Labor Services, Inc., hereinafter referred to as the "Union." DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them. EMPLOYER: City of Golden Valley or its representative UNION: Local #27 of Law Enforcement Labor Services, Inc. EMPLOYEE: A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union MEMBER: A member of LELS Local #27 in the bargaining unit to which this contract applies ARTICLE 1. Purpose of Agreement. This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize�this Agreement as a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179A.03, Subdivision 14, for all employees of the Golden Valley Public Safety Department bargaining unit as identified by the Bureau of Mediation Services, Certification of Exclusive Representative dated August 24, 1978, case #77-PR-866-A. - 1 - Section 2. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interFerence by the Union", except as limited by the terms of this Agreement. City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Lay off Employees. c. Demote, suspend, discipline or discharge Employees. d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub-contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal work day, hours of work, the beginning or ending time of each shift or assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget and the utilization of technology. g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. - 2 - ARTICLE 4. Union Security. Section 1. A. The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of Paragraph A of this Section. Section 2. The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. Section 3. The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with fhe operation of the department. Section 4. The Employer agrees to allow the officers and representatives of the Bargaining Unit reasonable time off and leaves of absence, with prior approval and without pay for the purpose of conducting Union business when such time would not be detrimental to the work programs of the Employer. Section 5. The Employer agrees to post on the department bulletin board all promotional opportunities within the Bargaining Unit; to publish the method by which promotions shall be made within the Bargaining Unit; and to make copies of all work rules and regulations available to Employees. ARTICLE 5. Employer Security. Section 1. Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, stoppage of work or the absence in whole or part of the full, faithful and proper perFormance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. Section 2. Any Employee who engages in a strike may have their appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. - 3 - ARTICLE 6. Equal Application. Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non- membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. Savings. Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement shall be held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. Grievance Procedure. Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union - 4 - Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days: Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss their claim with the Employee's immediate supervisor. This should be done within twenty-one (21) calendar days from the occurrence of the believed violation or from when the Employee became aware of it. The Employee should complete the grievance notice sheet and submit it to the supervisor at the time of the discussion with the supervisor. The supervisor will respond, in writing, within fourteen (14) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from LELS at this step. Step 2. If the dispute is not solved at Step 1 befinreen the Employee and the supervisor, then the Employee should meet with LELS and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed violated and the remedy requested. This shall be submitted to the Employer-designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the Employee and LELS. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and LELS. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. If the dispute is not solved by the Step 3 process, the written grisvance with the information required in Step 3, shall be - 5 - presented to the Employer-designated Step 4 Representative. This shall be submitted within ten (10) days from receipt of the Step 4 grievance and the answer shall be transmitted to the Employee and LELS. Step 5. A grievance unresolved in Step 4 may be appealed by the Employee and LELS to Step 5. Notification of intent to appeal to Step 5 shall be made within ten (10) days of receipt of Employer's Step 4 answer. A Step 5 grievance shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Bureau of Mediation Services. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. - 6 - Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 4, the grievance remains unresolved, the grievance may be appealed either to Step 5 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 5 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 5 of Article 8 or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Article 8. ARTICLE 9. Safety. It shall be the policy of the employer that the safety of employees, the protection of work areas, the adequate training in necessary safety practices and the prevention of accidents are a continuing and integral part of its every day responsibility. It shall also be the responsibility of all employees to cooperate in programs to promote safety to themselves and the public and to comply with rules promulgated to ensure safety. This employee responsibility shall include the proper use of vehicles, equipment and all safety devices in accordance with recognized safety procedures. It shall be the responsibility of the employer to maintain all employer-owned equipment in a safe and workable order, repairing or replacing as needed. ARTICLE 10. Working Out of Classification. A Patrol Officer assigned as Officer in Charge will receive .75 hour of straight time pay or .75 hour accrued time for each four (4) hour period so worked. A Detective assigned as Officer in Charge for a period of four (4) or more consecutive hours will receive .75 hour of straight time pay or .75 hour accrued time for each four (4) hour period so worked. ARTICLE 11. Seniority. Section 1. Definition. Seniority shall mean an Employee's length of service with the Department since their last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without pay. For the purposes of this Agreement, time off due to disciplinary action will not be counted as Leave of Absence Without Pay. The Union shall prepare a seniority list to be submitted to the Employer for approval and posting. When two or more Employees have the same seniority date, their position on the seniority list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new employees - 7 - shall be hired until the lay-off list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted Employee may be returned to their previous position at the sole discretion of the Employer. The probationary period shall be one (1) year for promoted Employees and one (1) year for new Employees from date of hire or completion of basic recruit school if completed while on City payrolL ARTICLE 12. Discipline. Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy.in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Written reprimands will be purged from the Employee's personnel file and be of no effect 18 months after the date on which Employee acknowledged the reprimand. Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garrity Warning is given prior to being questioned regarding a possible disciplinary,action, or when the employee feels a non-Garrity discussion with a supervisor may lead to discipline. In the case of a non-Garrity discussion, if a representative is requested but cannot appear within two (2) hours, questioning may proceed. - 8 - Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 4 of the grievance procedure. ARTICLE 13. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training and vacations. Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. All regularly scheduled hours worked over 2,080 in a 52 weeks calendar year (except as provided in Article 24) shall be compensated as overtime pursuant to Article 17. Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted finro weeks in advance. ARTICLE 14. Court Time. Section 1. An Employee who is scheduled to appear in court during their off-duty time shall receive a minimum of four (4) hours straight time pay or pay at 1 1/2 times the Employee's pay rate for the actual number of hours spent in court, whichever is greater. An extension or early report to a regularly scheduled shift does not qualify the Employee for the minimum. When an Employee is notified of a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. - 9 - ARTICLE 15. Call Back. An employee called back to work outside of their regularly scheduled shift shall be paid for a minimum of three (3) hours at 1.5 times their regular base rate of pay. However, nothing in this Section shall be construed to prevent a supervisor from requiring an Employee to report early to their shift which shall be compensated at straight time provided that the total hours worked on the early report do not exceed that which is scheduled normally. Call back starts from receipt of order to return. ARTICLE 16. Standby. Employees specifically required by the Employer to stand by shall be paid for such standby time at the rate of one hour regular pay for each hour of standby, with a minimum of two (2) hours of pay. ARTICLE 17. Overtime. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. The Employer has the right to require reasonable assignments of overtime work and such assignments shall be perFormed by the Employee except as otherwise provided in this Agreement. Employees shall be compensated at 1.5 times the employee's base rate of pay for hours worked beyond the Employee's regularly scheduled work shift. Changes in shifts do not qualify the Employee for overtime. For the purpose of computing overtime compensation, overtime hours worked shall not by pyramided, compounded or paid finrice. Overtime shall be calculated to the nearest 1/10 of an hour. Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the overtime hours in pay or time off (referred hereto as accrued time); shall receive one and one-half (1 1/2) hours off for each overtime hour worked. Accrued time shall be taken in the same manner as vacation time. Employees shall be allowed up to a maximum of sixty (60) hours of accrued time. Voluntary overtime may be taken off as accrued time only with Employer approval. ARTICLE 18. Sick Leave. Each permanent full-time Employee shall be granted eight (8) hours sick leave with pay for each month of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (800) hours. For every day of sick leave an Employee earns after accumulating eight hundred hours, they will be given credit for four (4) hours additional vacation and four (4) hours of pay. Sick leave may not be used during the first six (6) months of employment, but will be credited for use following the first six (6) months of employment. Sick leave shall not be considered as a privilege which an Employee may use at their discretion, but shall be allowed in the case of actual illness, legal quarantine or disability of the Employee, or because of death or critical illness in their - 10 - immediate family, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that they have been absent as authorized above, or if more than two days, that they have been under treatment and supervision of a doctor or dentist who recommended work not be perFormed. If Employee has been incapacitated for the period of their absence or a major part thereof, they may be required to provide evidence that they are again physically able to perform their duties. Sick leave shall be computed on a working day basis when used. In the event an Employee is being treated by a physician and a return to work form is required and the City elects to have a second opinion, the Employee will be placed on Administrative leave in the interim. Sick leave is intended as a benefit primarily to the Employee themselves and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. Employees hired under the PTO plan are subject to the provisions under Article 24. ARTICLE 19. Termination Pay. Termination removes job rights and benefits and rehire status benefits as with a new Employee. Settlement of all benefits for the Employees who have been laid off, retired, or whose actions were not a factor in their termination shall be made at termination as follows: Upon termination of service and after completion of five years of continuous service to the City as a full-time permanent Employee, an Employee shall be entitled to receive in pay 1/3 of unused sick leave in addition to accrued annual leave. Also, after 10 years of service or PERA certifiable disability which results in termination of employment, such Employees shall receive one days' pay for each full year of service to the City. In the event of death, payment shall be made to the survivor. ARTICLE 20. Leaves of Absence. Section 1. Jury Duty. Employees called for jury duty shall suffer no loss in their normal salary. Employees claiming jury duty pay shall sign over all jury duty fees to the Employer. Section 2. Military Reserve. Employees serving in the military reserve shall suffer no loss in their normal salary to the extent provided by Minnesota Law. - 11 - Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. Section 4. Maternity/Paternity. After employees have worked for the City for one year, they are eligible for up to 12 weeks leave for the birth or adoption of a child or placement of a foster child. To care for a newborn or adopted child, employees must first use available sick leave, vacation leave, or accrued time at the employee's option. If you wish to take a 12-week leave but have fewer than 12 weeks of paid leave available, you may take the remainder of the leave unpaid. All paid accrued leave must be used before employees are eligible for unpaid leave. Leave to care for a newborn, adopted, or recently placed foster child must be taken in consecutive weeks and must be taken within 12 months of the child's birth or placement. Section 5. Military. Employees shall be granted unpaid military leaves consistent with applicable Minnesota Statutes. Requests shall be made in writing to the City Manager. ARTICLE 21. Funeral Leave Up to five (5) days leave with pay without deduction from sick leave and/or PTO shall be granted to death of spouse or child. Up to three (3) days sick leave and or PTO where applicable shall be granted for death in the immediate family or person residing as a member of the employee's immediate household and up to one day in the case of death in the ne� degree of kindred. Immediate family includes any person having the following relationship to an employee or a living or deceased spouse: • stepchild • parent • mother-in-law/father-in-law • sister/brother • sister-in-law/brother-in-law • son-in-law/daughter-in-law • grandparents • grandparents-in-law • grandchildren • stepparents and/or legal guardians. - 12 - ARTICLE 22. Vacation Leave. Section 1. Employees shall be entitled to a paid vacation based upon service in the prior years. Annual leave shall be earned as follows: Date of Hire until completion of 5 years 2 weeks 5 years until completion of 10 years 3 weeks 11 years 3 weeks plus 1 day 12 years 3 weeks plus 2 days 13 years 3 weeks plus 3 days 14 years 3 weeks plus 4 days 15 years 4 weeks 16 years 4 weeks plus 1 day 17 years 4 weeks plus 2 days 18 years 4 weeks plus 3 days 19 years 4 weeks plus 4 days 20 years and above 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six month period, annual leave accrued during the initial six month period will be granted. Section 2. Vacation periods shall be selected on a seniority basis within the bargaining unit. Prior to June 1 vacations will be selected on a seniority basis. After June 1, vacation periods shall be selected as available without seniority privilege. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry over double their current accumulation from one calendar year to the next. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five year period. Such requests shall be made in writing and are subject to the approval of the City Manager. Section 5. Employees hired under the PTO plan are subject to the provisions under Article 24. ARTICLE 23. Holidays. Work schedules for Employees are made up without regard for weekends and holidays. In view of this fact, each Employee is granted 12 additional days leave each year in lieu of holidays. Holiday leave is added to vacation leave on a pro rata basis each pay period and shall be credited whether or not the Employee is scheduled to work on a holiday. - 13 - These days must be taken during the year earned, except Christmas which may be carried over to the following year. Work on January 1, Martin Luther King Day, Presidents' Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day and Christmas Day, will be compensated at the rate of time and one-half (1 1/2) the Employee's regular rate of pay for all hours worked on these holidays plus holiday time. ARTICLE 24. Paid Time Off(PTO) Employees hired after January 1, 2009 shall participate in the City's Paid-time off plan. Paid-time off is based upon service in the prior years and shall be earned as follows: Holiday PTO+Holiday # of 8 PTO hours hours Total hours Maximum hour per pay accrued per accrued per Accrual In Years days period pay period pay period hours 0-5 17 5.23 3.69 8.92 348 over 5 22 6.77 3.69 10.46 408 over 11 23 7.08 3.69 10.77 420 over 12 24 7.38 3.69 11.07 432 over 13 25 7.69 3.69 11.38 444 over 14 26 8.00 3.69 11.69 456 over 15 27 8.31 3.69 12.00 468 over 16 28 8.62 3.69 12.31 480 over 17 29 8.92 3.69 12.61 492 over 18 30 9.23 3.69 '!2.92 504 over 19 31 9.54 3.69 13.23 516 over 20 32 9.85 3.69 13.54 528 No paid time off shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six month period, annual PTO accrued during the initial six month period will be granted. Section 2. Paid time off shall be selected on a seniority basis within the bargaining unit. Prior to June 1 paid time off will be selected on a seniority basis in accordance with Section 22.2. After June 1, paid-time off periods shall be selected as available without seniority privilege. Arrangements for taking PTO must be arranged in advance with the supervisor in charge of the work schedule. PTO will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot PTO in order to ensure the orderly operation of the City. Paid time off shall be used in quarter hour increments. - 14 - Section 3. Employees shall be permitted to accrue to the maximum hours as designated above, equivalent to 1.5X their current annual PTO accumulation plus holidays. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five year period. Such requests shall be made in writing and are subject to the approval of the City Manager. ARTICLE 25. Injury on Duty. Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave, PTO or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. ARTICLE 26. Training and Department Meetings. The City will pay for ongoing Post Board licensing required of each officer. Training and meetings beyond 2080 hours in the work year will be compensated at 1.5 times the employee's base rate of pay consistent with Article 17 of this Agreement. Travel time will be paid in accordance with FLSA definitions of compensable time. ARTICLE 27. Field Training Officer Compensation. Employees working as Field Training Officers shall receive .66 hour of straight time pay or .66 hour accrued time for each 4 hour period so worked. This is inclusive of a daily FTO training assignment and/or the initial training (such as firearms and use of force) conducted upon hire of a new officer. ARTICLE 28. Qualifications for Continuing Employment. Any Employee deprived of their state license to act as a police officer shall be suspended without pay during that period. ARTICLE 29. Personal Liability Insurance. The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to persons, property, or character, when such alleged false arrest or alleged injury to person, property, or character was the result of an arrest made by such officer in good faith and in the - 15 - performance of their official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees. ARTICLE 30. Educational Reimbursement. The City will reimburse 100% of the Employee expenses per calendar year, up to the non-taxable IRS maximum, for tuition, fees and books required for job-related educational courses upon completion of the course provided that: 1. The course has received prior approval of the Employee's department head and the City Manager. 2. The Employee attain a grade of"C" or better and is so certified to the City. 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. All other non-related course work will be reimbursed at a rate of 50%, with an annual cap of$500. ARTICLE 31. Part Time Work. The Employer shall contract with all businesses or individuals required to employ the services of police officers. The officers shall be compensated for such services in the amount prescribed by other sections of this Agreement. Overtime resulting from such contracts shall be distributed as equally as practicable in a voluntary manner. ARTICLE 32. Administrative Leave/Light Duty The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Police Officers may experience stress reactions or other emotional problems that impact their ability to work efficiently and effectively. In light of the foregoing, the City's decision to grant administrative leave or light duty will be based on the following criteria: 1. That the Police Officer is referred to a psychologist or other qualified mental health professional by the Police Chief. Self referral with the concurrence of the department head will be deemed to be referral by the City. 2. The cost of any evaluation recommended by the Department will be borne by the City and the time spent by the officer undergoing the evaluation will be considered duty time. 3. Administrative leave/light duty shall be granted based on the recommendation of the Evaluator and a finding that the need for administrative leave/light duty is reasonably related to an incident occurring in the course and scope of the Officer's employment with the City. - 16 - 4. The Police Chief will be advised of all findings and recommendations of the Evaluator, excluding any background material that led to the finding and recommendation. 5. Any administrative leave/light duty granted will be for the purpose of obtaining treatment and/or counseling or participating in other activities prescribed by medical/mental health Evaluator. 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. ARTICLE 33. Salaries and Benefits. Section 1. Salary - Patrol Officer: START 6 MO. 9 MO. 1 YEAR 2 YEAR 3 YEAR 01 01 12 $3,700.42 $3,947.47 $4,114.32 $4,524.00 $5,073.07 $5,620.03 01 01 13 $3,737.42 $3,986.94 $4,155.46 $4,569.24 $5,123.80 $5,676.23 For 2013 only, the City will review data available for 2012 Patrol Officer wages and if necessary make a minimum 2% adjustment to bring employees' closer to the employer's stated compensation philosophy. This language will not carry over unless otherwise negotiated in successor agreements. Any adjustments in compensation will be effective July 1, 2013. The City reserves the right to start Employees at levels beyond the starting salary and to advance Employees through the steps faster than indicated. Section 2. Incentives. Employees are to choose between educational incentive and longevity track each January 1. Employees shall receive the greater of the two following incentives, but not both simultaneously: Longevity. Over 3.99 years of continuous employment, each EMPLOYEE shall be paid supplementary pay of three percent (3%) of the base rate. Over 7.99 years of continuous employment each EMPLOYEE shall be paid supplementary pay of five percent (5%) of the base rate. Over 11.99 years of continuous employment each EMPLOYEE shall be paid supplementary pay of seven percent (7%) of the base rate. - 17 - Over 15.99 years of continuous employment each EMPLOYEE shall be paid supplementary pay of nine (9%) of the base rate. Educational Incentive. $1.00 per credit in blocks of 10 credits to a maximum of$200.00. For the educational incentive pay, credits must be approved by the City, but previously approved credits will count, and an AA law enforcement degree will count the full 90 credits, a BA will count the full 180 cred its, etc. Section 3. Insurance. City will provide a flat contribution of$1011 per month for insurance for 2012 which includes $20 per month for those who successfully participated in the wellness initiative in 2011. City will provide a flat contribution of $1063 per month for insurance for 2013 which includes $20 per month for those who successfully participated in the wellness initiative in 2012. The amount of increase is equal to 50% of the largest increase in the "Family" premium. Insurance must be purchased from a City approved vendor and be a City authorized plan. The City shall contribute towards insurance through the end of the month in which termination occurs. The City will provide Long Term Disability Insurance for the bargaining unit. Section 4. Uniform Allowance. City will provide all necessary uniforms and equipment. Employees in any of the enumerated non-uniform special assignments shall receive $623.21 for clothing in 2012. That rate will be adjusted each year hereafter by the October to October Consumer Price Index/Apparel Index. Employees who are assigned to plain clothes assignments (see Article 30, Section 5) for 16 hours or more in a payroll period shall receive $5 for each 8 hours in that assignment or$3 for increments of 4 hours or multiples thereof. In addition, officers assigned for more than 45 days to plain clothes shall receive $246.43 supplemental clothing allowance. The numbers reflected in the clothing allowance are based on the CPI-U Midwest Region. The City will agree to repair or replace where necessary, leather holsters worn in the line of duty for the City. Replacement and repair of individual weapons will be reviewed and decided by the City Manager on a case by case basis. Section 5. Promotions. Officers who are promoted to the following classifications shall receive an amount equal to 5% of top patrol base pay as additional compensation: Detective, and other classifications that are mutually agreed upon. After 12 consecutive months in one of these classifications, the officer shall be considered to have completed their probationary period in that classification. Section 6. Special Assignments. The Police Chief may appoint patrol officers into special assignments in the Investigation Division for the purposes of - 18 - career development, for a period not to exceed eighteen (18) months. Officers so assigned shall receive five percent (5%) additional compensation and shall be considered to be in a probationary period throughout the assignment period. Section 7. Other Assignments. The Police Chief may assign patrol officers to other types of special assignments as they arise. The duration and specific details of the assignment will be determined by mutual agreement of the officer receiving the assignment, the Union and the City. ARTICLE 34. Duration. The term of this Agreement shall be from January 1, 2012 to December 31, 2013. LAW ENFORCEMENT LABOR SERVICES CITY OF GOLDEN VALLEY Representing Negotiating Committee Linda R. Loomis, Mayor Representing Negotiating Committee Thomas D. Burt, City Manager For Law Enforcement Labor Services, Inc. - 19 - C °� n �,, �., �� City Administration/Council 0 �`, �, e 763-593-3989/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. G. Authorization to Sign Police Sergeants (LELS Local 304) Agreement Prepared By: Chantell Knauss, Assistant City Manager Summary A two-year agreement with Local 304, the Police Sergeants unit of LELS, has been reached. The agreement provides for the following: • Under Article 8 - Grievance Procedure. A modification in the Step 4 grievance process that requires the union to notify the Bureau of Mediation Services (BMS) within 10 days of the notice of appeal that the matter is being submitted for arbitration. Within 180 days of the date the BMS list of arbitrators is sent, the union is required to notify the City whether or not they intend to move forward with the arbitration. • Addition of Article 19A - Sergeants Time Off. Provides a one-time bank of 12 hours paid time for each Sergeant that must be used in 2012. The use of this time shall not generate any overtime for the department, can't be compounded, pyramided, carried over or be paid out if unused or if an employee leaves employment with the City and is not subject to future negotiations. • Under Article 26 - Educational Reimbursement. Clarified that employees are eligible for a reimbursement up to the non-taxable IRS maximum per calendar year (currently $5,250); • Addition of Article 30 - Call Back. Provides for the same call back provisions as the Patrol agreement for a minimum of 3 hours at overtime if called back outside of an employee's regularly scheduled shift. An early report to a scheduled shift is compensated at straight time if the shift does not exceed the number of hours of the scheduled shift. • A decrease of$75 in the monthly insurance contribution equivalent to the decrease provided to non-union employees, including the $20 wellness incentive, for 2012 and an increase of $52 per month for 2013, which represents 50% of the guaranteed maximum 9% premium increase; • In exchange for the addition of Article 19A, the unit agrees to sunset the 2% base salary added to benefits so only those employees hired prior to May 1, 2011 receive it. If the City re-instates this benefit to non-union management employees, the unit would receive the same equivalent benefit on the same effective date. This same provision was sunset for non-union management employees hired after May 1, 2011. • 1.0% increase in wages on January 1, 2012 and 2013 (there was a 0% wage increase in 2010 and 1.5% increase in 2011). The agreement has been approved by the members of the unit. This item authorizes the Mayor and City Manager to sign the agreements. Attachments Labor Agreement- LELS Police Sergeants 2012-2013 (17 pages) Recommended Action Motion to authorize the Mayor and City Manager sign the 2012-2013 Police Sergeants agreement. LABOR AGREEMENT SERGEANTS 2012-2013 This Agreement dated December 20, 2011 is made and entered into by and between the City of Golden Valley, hereinafter referred to as the Employer and Law Enforcement Labor Services, Local #304 representing the Golden Valley Police Sergeants, hereinafter referred to as the Union. DEFINITIONS For the purpose of this Agreement, the following terms and phrases shall have the meaning given to them: EMPLOYER: City of Golden Valley or its Representatives UNION: Law Enforcement Labor Services Local 304 (LELS) EMPLOYEE: A member of the exclusively recognized bargaining unit OFFICER: Officer elected or appointed by the Union. MEMBER: A member of the LELS Local 304 to which this contract applies. ARTICLE 1. Purpose of Agreement. This Agreement has as its purpose the promotion of harmonious relations between the Employer, its Employees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peaceful procedure for the resolution of disputes that may arise without interference or disruption of efficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement is a pledge of this dedication. ARTICLE 2. Recognition. Section 1. The Employer recognizes the Union as the exclusive representative under Minnesota Statutes 179.71, Subdivision 3, for all employees of the Golden Valley Police Department bargaining unit as identified by the Bureau of Mediation Services, certification of Exclusive Representative dated January 1, 1982, Case No. 82-PR-277-A. Section 2. In the event that the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation for determination. ARTICLE 3. Employer Authority. Section 1. It is recognized and accepted by the Union and Employer that the management, direction and control of the Police Department and its personnel are exclusively the function of the Employer. The exercise of the City's management rights shall take place "without hindrance or interference by the Union", except as limited by the terms of this Agreement. City's management rights include, but shall under no circumstances be construed to be limited to, the right to: a. Manage the operation through the selection and direction of the work force, including the right to hire and promote, transfer Employees to positions, departments and classifications both covered and not covered by this Agreement, except that no Employee shall be transferred out of the Bargaining Unit as a disciplinary action. b. Lay off Employees c. Demote, suspend, discipline or discharge Employees d. Make such operating changes as deemed necessary by the Employer for the efficient, economical operation of the City, including but not limited to the right to sub-contract work performed by members of the Bargaining Unit, to change the normal work week, the length of the normal work day, hours of work, the beginning or ending time of each shift or assignment and the number of shifts to be operated. e. Determine the organizational structure, number of personnel and the assignment of duties, including the right to increase, decrease or change duties. f. Establish functions, programs, its overall budget and the utilization of technology. g. Promulgate work rules and regulations. Section 2. Any specifically enumerated management right not limited by the terms of this Agreement shall not be eligible to be grieved by the Union. Section 3. Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely with the discretion of the Employer to modify, establish or eliminate. 2 ARTIC�E 4. Union Security. Section 1. A. The Employer agrees to cooperate with the Union in the deduction of regular monthly dues, for those Employees who request in writing to have regular monthly Union dues checked off by payroll deduction. The Employer agrees to remit such regular monthly dues in a manner to be determined by the Union and Employer. B. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of paragraph A of this Section. Section 2. The Union may designate members to act as stewards or officers and shall inform the Employer of such choice and of any changes in stewards or officers in writing. Section 3. The Employer agrees to make space available on the Employer bulletin board for the posting of Union notice(s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department. Section 4. The Employer agrees to allow the officers and representatives of the Bargaining Unit reasonable time off and leaves of absence, with prior approval and without pay for the purpose of conducting Union business when such time would not be detrimental to the work programs of the Employer. Section 5. The Employer agrees to post on the department bulletin board all promotional opportunities within the Bargaining Unit; to publish the method by which promotions shall be made within the Bargaining Unit; and to make copies of all work rules and regulations available to Employees. ARTICLE 5. Employer Security. Section 1. Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strike, slowdown, mass resignations, mass absenteeism, the willful absence from one's position, stoppage of work or the absence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions, compensation or the rights, privileges or obligations of employment. Section 2. Any Employee who engages in a strike may have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. 3 ARTICLE 6. Equal Application. Section 1. The provisions of this Agreement shall be applied equally to all Employees in the Bargaining Unit without discrimination as to race, color, creed, sex, national origin, religion, political affiliation or marital status. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance with the provisions of this Agreement. The Union shall not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union and will not discriminate against any Employee in the administration of the Agreement because of non- membership in the Union. Section 3. The Union accepts its responsibilities as exclusive representative and agrees to represent all Employees in the Bargaining Unit without discrimination. ARTICLE 7. Savings. Section 1. This Agreement is subject to the laws of the United States and the State of Minnesota. Section 2. In the event that any provision of this Agreement shall be held to the contrary of law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated upon written request of either party. ARTICLE 8. Grievance Procedure. Section 1. A. For the purpose of this Agreement, the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances, as herein provided, is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay 4 when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received prior approval from the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Section 2. Grievances, as defined by Section 1, shall be resolved in conformance with the following procedure and all references to days in Steps 1-4 are calendar days Step 1. An Employee who feels that the City has misinterpreted or misapplied any section of the Agreement in dealing with that Employee, should discuss his/her claim with the Employee's immediate supervisor. This should be done within fourteen (14) calendar days from the occurrence of the believed violation or from when the Employee became aware of it. The Employee should complete the grievance notice sheet and submit it to the supervisor at the time of the discussion with the supervisor. The supervisor will respond, in writing, within ten (10) days from the date the grievance sheet was received. Every effort shall be made to settle the grievance at this step. Nothing shall prevent an Employee from seeking guidance from the Union at this step. Step 2. If the dispute is not solved at Step 1 between the Employee and the supervisor, then the Employee should meet with the Union and the dispute should be put in writing, stating the nature of the grievance, the name or names of the Employees involved, the provisions of the Agreement believed yiolated and the remedy requested. This shall be submitted to the Employer- designated Step 2 Representative within ten (10) calendar days of the Step 1 written response. The Step 2 Representative shall render an answer, in writing, within ten (10) days of the receipt of the Step 2 submittal and the answer shall be transmitted to the Employee and THE UNION. Step 3. If the dispute is not solved by the Step 2 process, the written grievance with the information required in Step 2, shall be presented to the Employer-designated Step 3 Representative. This shall be submitted within ten (10) days of receipt of the Step 2 answer. The Step 3 Employer-designated Representative shall render a written answer within ten (10) days from receipt of the Step 3 grievance and the answer shall be transmitted to the Employee and THE UNION. Where no Employer Step 3 Representative is appointed, the grievance shall progress from Step 3 to Step 4. Step 4. A grievance unresolved in Step 3 may be appealed by the Employee and THE UNION to Step 4. Notification of intent to appeal to Step 4 shall be made within ten (10) days of receipt of 5 Employer's Step 3 answer. The Union shall notify the Bureau of Mediation Services within ten (10) calendar days of the notice of appeal to the Employer that the Union is submitting the matter to arbitration and the Union shall request that the Bureau of Mediation Services provide the parties with a list of arbitrators. The selection of an arbitrator shall be made in accordance with the rules and regulations as established by the Bureau of Mediation Services. The Union must provide the Employer with written communication within one-hundred eighty (180) calendar days of the date that the Bureau of Mediation Services has mailed the parties a list of arbitrators as to whether or not the Union intends to proceed to arbitration. The one-hundred eighty (180) calendar days may be extended by written, mutual agreement by both parties. Section 3. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The arbitrator shall consider and decide only the specific issue or issues submitted to him by the parties of this Agreement and shall have no authority to make a decision on any other matter not submitted to him, and the decision shall be binding on both the Employer and the Union. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating their own representative and witnesses. If either party desires a verbatim record of the proceedings, they may cause such a record to be made providing they pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. Section 4. Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specific time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 6 Section 5. Choice of Remedy. If, as a result of the written Employer response in Step 2, the grievance remains unresolved, the grievance may be appealed either to Step 3 of Article 8 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3 of Article 8 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 8. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 8 or another appeal procedure - and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 8. ARTICLE 9. Safety. The Employer and Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 10. Seniority and Time in Grade. Section 1. Definition. Seniority shall mean an Employee's length of services as a patrol officer and/or sergeant with the Department since his/her last date of hire. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement, death or leave of absence without pay. When finro or more Employees have the same seniority date, their position on the seniority list shall be determined by their position on the Civil Service list when hired. Time in grade shall mean an Employee's length of service in his or her current rank with the department since his/her last date of promotion. Time in grade may only be broken by the same acts as defined above for seniority. The Union shall prepare a time in grade list and a roster by time in grade, to be submitted to the Employer for approval and posting. When two or more Employees have the same time in grade list, their position on the time in grade list shall be determined by their position on the Civil Service list when hired. Section 2. Lay Offs. When a reduction in the work force becomes necessary, the Employee with the least seniority shall be laid off first. The last Employee laid off shall be the first to be recalled for work. No new Employees shall be hired until the lay off list has been exhausted. If a reduction in the number of sergeants becomes necessary, the sergeant with the least time in grade shall be permitted to bump back into a patrol officer's position with less departmental seniority. Section 3. Probationary Employees. During the probationary period, a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted Employee may be returned to his/her previous position at the sole discretion of the Employer. The probationary period shall be 1 year for promoted Employees and 1 year for new Employees from date of hire or completion of basic recruit school if completed while on City payrolL 7 ARTICLE 11. Discipline. Section 1. The Employer will discipline for cause only. Discipline will be one or more of the following forms: a. oral reprimand b. written reprimand c. suspension d. demotion, or e. discharge Section 2. An Employee who is to be suspended, demoted or discharged, shall receive a written statement of cause of the suspension, demotion or discharge within 72 hours after the action has been taken. Suspension will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. The Union shall be provided with a copy of such notice. Section 3. Written reprimands, notices of suspension or demotion and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature shall not be an admission of guilt but only an acknowledgment of receipt and the Employee shall have the opportunity to attach a response to the reprimand or notice to the copy in the Employee's personnel file. The Employee will receive a copy of such reprimands and/or notices. Section 4. A. Employees shall have the opportunity to request to have a representative present when a Garrity Warning is given prior to being questioned regarding a possible disciplinary aetion Section 5. Employees may not be suspended without pay for more than sixty (60) working days in any calendar year. Discharges will be preceded by a five (5) calendar day suspension without pay. Section 6. Employees may examine their own individual personnel �les at reasonable times under the direct supervision of the Employer. Union representatives may, upon invitation of the Employee, also examine the personnel files. Section 7. Grievances relating to this Article may be initiated by the Union in Step 3 of the grievance procedure. Section 8 Disciplinary Action The City will utilize two types of employee misconduct forms, temporary and permanent. Both shall be subject to the grievance procedure. Temporary misconduct forms shall be destroyed after one year. 8 ARTICLE 12. Work Schedules. Section 1. Sole authority in establishing work schedules is the Employer. The normal work year shall consist of 2,080 hours to be accounted for by each Employee through schedule of hours worked, holidays, roll call, training, vacations and/or paid-time off(PTO). Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. This Section shall also not be used for the computation of overtime. Section 2. Split shifts shall not be scheduled except by mutual agreement of City and affected Employees. Section 3. Changes in the format of duty schedules shall be posted two weeks in advance. ARTICLE 13. Court Time. Section 1. An Employee who is scheduled to appear in court during his or her off-duty time shall receive a minimum of four (4) hours straight time pay or pay at 1 1/2 times the Employee's pay rate for the actual number of hours spent in court, whichever is greater. An extension or early report to a regularly scheduled shift does not qualify the Employee for the minimum. When an Employee is notified of a cancellation of a court appearance less than 24 hours before the scheduled appearance, four (4) hours of straight time shall be paid. When an Employee is notified of a cancellation of a court appearance more than 24 hours prior to the scheduled appearance, no court time shall be authorized. Court time shall also include time spent in depositions and in attorney preparation meetings with attorneys representing the City of Golden Valley. Section 2. The City shall make reimbursements for necessary parking fees incurred when appearances in Court are required. ARTICLE 14. Sick Leave. Each permanent full-time Employee shall be granted eight (8) hours sick leave with pay for each month of full-time employment and will be allowed to accrue credit for earned sick leave to a total of eight hundred (800) hours. For every day of sick leave an Employee earns after he has accumulated eight hundred hours, he/she will be given credit for four (4) hours additional vacation and four (4) hours of pay, computed at the end of each year. Sick leave may not be used during the first 6 months of employment, but will be credited for use following the first 6 months of employment. Sick leave shall not be considered as a privilege which an Employee may use at his/her discretion, but shall be allowed in the case of actual illness, legal quarantine or disability of the Employee, or because of death or critical illness in his/her immediate family*, or to receive dental or medical care or other sickness preventative measures. Employees claiming sick leave may be required to file competent written evidence that he/she has been absent as authorized above, or if more than two days, that he/she has been under 9 treatment and supervision of a doctor or dentist who recommended work not be perFormed. If Employee has been incapacitated for the period of his/her absence or a major part thereof, he/she may be required to provide evidence that he/she is again physically able to perform his/her duties. Sick leave shall be computed on a working day basis when used. Sick leave is intended as a benefit primarily to the Employee himself/herself and as a protection or insurance of earning power. While it is permitted due to death or critical illness in the immediate family, it is intended to be available on a restricted basis and in limited amounts for this purpose. For discretionary attendance on family illness or medical needs, vacation or leave of absence should be used. All provisions and definitions of the Family and Medical Leave Act are incorporated into this sick leave provision. Employees hired under the PTO plan are subject to the provisions under Article 20. ARTICLE 15. Funeral Leave Up to five (5) days leave with pay without deduction from sick leave and/or PTO shall be granted to death of spouse or child. Up to three (3) days sick leave and or PTO where applicable shall be granted for death in the immediate family or person residing as a member of the employee's immediate household and up to one day in the case of death in the next degree of kindred. Immediate family includes any person having the following relationship to an employee or a living or deceased spouse: • stepchild • parent • mother-in-law/father-in-law • sister/brother • sister-in-law/brother-in-law • son-in-law/daughter-in-law • grandparents • grandparents-in-law • grandchildren • stepparents and/or legal guardians. ARTICLE 16. Termination Pay. Termination removes job rights and benefits and rehire status benefits as with a new Employee. Settlement of all benefits for the Employees who have been laid off, retired, or whose actions were not a factor in their termination shall be made 10 at termination as follows: Upon termination of service and after completion of five years of continuous service to the City as a full-time permanent Employee, an Employee shall be entitled to receive in pay 1/3 of unused sick leave in addition to accrued annual leave. Also, after 10 years of service or PERA certifiable disability that results in termination of employment, such Employees shall receive one days' pay for each full year of service to the City. In the event of death, payment shall be made to the survivor. ARTICLE 17. Leaves of Absence. Section 1. Jury Duty. Employees called for jury duty shall suffer no loss in their normal salary. Employees claiming jury duty pay shall sign over all jury duty fees to the Employer. Section 2. Military Service. Employees serving in the military shall suffer no loss in their normal salary to the extent provided by Minnesota Law or Federal Law. Section 3. Illness or Injury. A leave of absence without pay may be granted by the City Manager for up to 90 days for extended illness or personal hardship if such absence would not be detrimental to the Employer's work program. The Employee shall not be entitled to accrue leave or seniority while on a leave of absence without pay granted pursuant to this section. Section 4. Maternity/Paternity. Employees shall be granted up to 90 consecutive days for maternity or paternity leave. The Employee may use sick leave and vacation days that have been accumulated or all or part of the leave may be taken as an unpaid absence. Requests shall be made in writing to the City Manager. Extensions may be granted only by agreement of the City Manager. Section 5. Military. Employees shall be granted unpaid military leaves consistent with applicable Minnesota Statutes. Requests shall be made in writing to the City Manager. ARTICLE 18. Vacation Leave. Section 1. Employees shall be entitled to a paid vacation based upon service in the prior years. Annual leave shall be earned as follows: Date of Hire until completion of 5 years 2 weeks Over 5 years until completion of 10 years 3 weeks Over 11 years 3 weeks plus 1 day Over 12 years 3 weeks plus 2 days Over 13 years 3 weeks plus 3 days Over 14 years 3 weeks plus 4 days Over 15 years 4 weeks Over 16 years 4 weeks plus 1 day Over 17 years 4 weeks plus 2 days 11 Over 18 years 4 weeks plus 3 days Over 19 years 4 weeks plus 4 days Over 20 years and above 5 weeks No annual leave shall be granted during the initial six months of employment. But if an Employee satisfactorily completes the six-month period, annual leave accrued during the initial six-month period will be granted. Section 2. Vacations will, so far as possible, be granted at times most desired by the Employee except that the Employer shall have the final right to allot vacations in order to ensure the orderly operation of the City. Section 3. Employees shall be permitted to carry over double their current accumulation from one calendar year to the next. Section 4. Employees may request additional time off without pay up to a maximum of one year in a five-year period. Such requests shall be made in writing and are subject to the approval of the City Manager. Section 5. Employees hired under the PTO plan are subject to the provisions under Article20. ARTICLE 19. Holidays. Work schedules for Employees are made up without regard for weekends and holidays. In view of this fact, each Employee is granted 12 days (with one of those days as an unnamed floating holiday) leave each year in lieu of holidays. Holiday leave is added to vacation leave on a pro rata basis each pay period and shall be credited whether or not the Employee is scheduled to work on a holiday. These days must be taken during the year earned, except Christmas which may be carried over to the following year. Arrangements for taking vacation time must be arranged in advance with the supervisor in charge of the work schedule. Work on January 1, Martin Luther King Day, Presidents' Day, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day and Christmas Day, will be compensated at the rate of time and one-half (1 1/2) the Employee's regular rate of pay for all hours worked on these holidays plus holiday time. ARTICLE 19A. Sergeants Time Off Each employee, on January 1, 2012, will be granted a one-time only 12 hours time off that is paid and accounted for separate from compensatory time off and holiday/vacation accruals. The time must be used between January 1 and December 31, 2012 and at such times as not to generate overtime for the Department. The 12 hours will not be compounded, pyramided, carried over into another year, or paid out if it is unused or an employee leaves employment with the City during the year. This Article shall automatically be removed from future labor agreements and its removal shall not be subject to negotiations. 12 ARTICLE 20. Paid-time Off(PTO) Employees hired after December 31, 2008 shall participate in the City's PTO plan. ARTICLE 21. Injury on Duty. Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employer's regular pay and Worker's Compensation insurance payments for a period not to exceed one hundred twenty (120) working days per injury, not charged to the Employee's vacation, sick leave, PTO or other accumulated paid benefits, after a three (3) working days initial waiting period per injury. The three (3) working days waiting period shall be charged to the Employee's sick leave or PTO account less Worker's Compensation insurance payments. ARTICLE 22. Administrative Leave/Light Duty The City recognizes that from time to time, as a result of traumatic incidents happening on the job, Police Sergeants may experience stress reactions or other emotional problems that impact their ability to work efficiently and effectively. In light of the foregoing, the City's decision to grant administrative leave or light duty will be based on the following criteria: 1. That the sergeant is referred to a psychologist or other qualified mental health professional by the Police Chief. Self-referral with the concurrence of the department head will be deemed to be referral by the City. 2. The cost of any evaluation recommended by the Department will be borne by the City and the time spent by the sergeant undergoing the evaluation will be considered duty time. 3. Administrative leave/light duty shall be granted based on the recommendation of the Evaluator and a finding that the need for administrative leave/light duty is reasonably related to an incident occurring in the course and scope of the sergeant's employment with the City. 4. The Police Chief will be advised of all findings and recommendations of the Evaluator, excluding any background material that led to the finding and recommendation. 5. Any administrative leave/light duty granted will be for the purpose of obtaining treatment and/or counseling or participating in other activities prescribed by medical/mental health Evaluator. 6. Light duty or other assignment, consistent with medical recommendations may be granted. Persons on special assignment or light duty 13 shall not be eligible for any special assignment pay unless they were so assigned at the time administrative leave or light duty was granted. 7. Treatment for drug and alcohol rehabilitation is specifically excluded from consideration for administrative leave. ARTICLE 23. Qualifications for Continuing Employment. Any Employee deprived of his/her state license to act as a police officer shall be suspended without pay during that period. ARTICLE 24. Personal Liability Insurance. The City will maintain current personal injury liability insurance coverage throughout the duration of the contract. The Employer shall furnish legal counsel to defend any police officer in all actions brought against such officer to recover damages for alleged false arrest or alleged injury to person, property, or character, when such alleged false arrest or alleged injury to person, property, or character was the result of an arrest made by such officer in good faith and in the performance of his or her official duties and pay reasonable costs and expenses of defending such suit, including witness fees and reasonable counsel fees: ARTICLE 25. Standby. Employees specifically required by the Employer to stand by shall be paid for such standby time at the rate of one-hour regular pay for each hour of standby, with a minimum of two (2) hours of pay. ARTICLE 26. Educational Reimbursement. The City will reimburse 100% of the Employee expenses per calendar year, up to the non-taxable IRS maximum, for tuition, fees and books required for job-related educational courses upon completion of the course provided that: 1. The course has received prior approval of the Employee's department head and the City Manager. 2. The Employee attains a grade of"C" or better and is so certified to the City. 3. The Employee's attendance at course sessions is satisfactory. 4. No other reimbursement is claimed or applied for from another agency or source. All other non-related course work will be reimbursed at rate of 50%, with an annual cap of$500. 14 ARTICLE 27. Training. The City will provide training to meet Post Board Certification standards and will pay for ongoing Post Board licenses required of each sergeant. ARTICLE 28. Salaries and Benefits Salarv Effective January 1, 2012, monthly wage rates are as follows: Step 1 Step 2 Step 3 2012 $6666.75 $6933.42 $7210.75 Effective January 1, 2013, monthly wage rates are as follows: Step 1 Step 2 Step 3 2013 $6733.42 $7002.75 $7282.86 Step increases normally occur on the date of the employee's service anniversary in accordance with established city policies. Sergeants appointed prior to January 1, 2009 shall be placed at Step 4 upon achieving their one year anniversary. Insurance For those employees holding a position within the unit prior to May 1, 2011, an amount equivalent to 2% of the base salary will be provided on a monthly basis to the employee to purchase insurance. In the event the City re-instates this benefit to non-union management employees, the employees in the unit will receive the same equivalent benefit on the same effective date as the non-union management employees. Insurance must be purchased through an approved City vendor and must be an approved City plan. When available, dental insurance will be offered with the cost of the premiums being paid for out of the City contribution toward benefits and/or by Employee contribution, whichever the Employee chooses. If the City expands the flexibility of the use of this benefit to other supervisors, the same flexibility will be extended to Employees covered by this agreement. Buyback of Accrued Time The City will buy back accrued time paid at a straight hourly rate on a quarterly basis. Sergeants will, if they so choose, be allowed to carry over (20) accrued hours into the next quarter. 15 Health Insurance The City will contribute $1011 per month in 2012 for health insurance. Insurance must be purchased from City approved vendor and by a City authorized plan. For 2012 the City insurance contribution shall include $20 per month for those who successfully participated in the wellness initiative in 2011. The City will contribute $1063 per month in 2013 for health insurance. Insurance must be purchased from City approved vendor and by a City authorized plan. For 2013 the City insurance contribution shall include $20 per month for those who successfully participated in the wellness initiative in 2012. Disabilitv Insurance The City will provide Long Term Disability Insurance to the employees. Uniforms City will provide uniforms and equipment. Employees in any of the enumerated non-uniformed positions shall receive $623.21 annually in 2012 for clothing. That rate will be adjusted each year hereafter by the October-to-October Midwest Region CPI-U of the Consumer Price Index/Apparel Index. ARTICLE 29. Overtime Pay. Section 1. Overtime shall be worked only at the specific authorization of the Employee's supervisor. Hours reimbursed at the overtime rate shall include callbacks and schedule extensions. These hours shall be compensated at one and one-half times the employee's base rate of pay for hours worked beyond the Employee's regularly scheduled work shift. Changes in shifts do not qualify the Employee for overtime. For the purpose of computing overtime compensation, overtime hours worked shall not by pyramided, compounded or paid twice. Overtime shall be calculated to the nearest 1/10 of an hour. Section 2. Employees earning overtime shall, at the end of each payroll period inform their supervisor whether they wish to take the hours in pay, or time off (referred hereto as accrued time); and shall receive one and one-half (1 1/2) hours off for each overtime hour worked and hour for hour for straight time worked. Accrued time shall be taken in the same manner as vacation time, or reimbursed as provided in this Agreement. ARTICLE 30. Call Back. An employee called back to work outside of their regularly scheduled shift shall be paid for a minimum of three (3) hours at 1.5 times their regular base rate of pay. However, nothing in this Section shall be construed to prevent a supervisor from requiring an Employee to report early to their shift which shall be compensated at straight time provided that the total hours worked on the early 16 report do not exceed that which is scheduled normally. Call back starts from receipt of order to return. ARTICLE 31. Duration. The term of this Agreement shall be from January 1, 2012 through December 31, 2013. GOLDEN VALLEY POLICE CITY OF GOLDEN VALLEY SERGEANTS, LOCAL 304 Dennis Arons, President/Treasurer Linda R. Loomis, Mayor Adam Burnside, Business Agent (LELS) Thomas D. Burt, City Manager 17 G2t ..�,�, ��s> N, { ' � �: City Administration/Council 0 , "� � �, e 763-593-3989/763-593-8109 (fax) ..,� Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. H. Approval of 2012 General Wages and Salaries for Non-union Personnel Prepared By Chantell Knauss, Assistant City Manager Summary Attached is the compensation resolution establishing wages and salaries for all non-union employees for 2012. The resolution proposes a 1% general wage increase, which is the same as the Patrol unit settlement. The resolution also establishes the City's monthly contribution toward employee benefits in the City's cafeteria plan. There is a $75 per month decrease in the benefit contribution by the City for 2012, due to the reduction in premium costs as a result of LOGIS taking it out for bid. As in previous years, there is an additional $20 per month incentive for those employees who successfully participated in the 2011 City Wellness at Work program. Attachments Resolution Establishing 2012 General Wages and Salaries for Non-union Personnel (3 pages) Recommended Action Motion to adopt Resolution Establishing 2012 General Wages and Salaries for Non-union Personnel. Resolution 11-78 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 2012 GENERAL WAGES AND SALARIES FOR ALL NON-UNION PERSONNEL BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following general wages, salaries and benefits schedule for all non-union personnel for the year 2012, said schedule to commence for work performed by the personnel named herein effective as of January 1, 2012. MANAGEMENT TEAM Step 1 Step 2 Step 3 Step 4 Step 5 Director of Public Works $104,436 $109,410 $114,383 $119,356 $124,329 Police Chief 101,903 106,755 111,608 116,460 121,313 Finance Director 99,657 104,402 109,148 113,893 118,639 Director of Parks and Recreation 98,065 102,735 107,404 112,074 116,744 Director of Planning and Development 92,949 97,375 101,801 106,227 110,653 Chief of Fire and Inspection Services 92,949 97,375 101,801 106,227 110,653 Assistant City Manager 86,297 90,407 94,516 98,626 102,735 Communications Manager 67,812 71,041 74,270 77,499 80,728 DIVISION HEADS/SUPERVISORS Step 1 Step 2 Step 3 Step 4 Step 5 City Engineer 87,585 91,756 95,927 100,097 104,268 Operations Commander 85,064 89,115 93,166 97,216 101,267 Patrol Commander 85,064 89,115 93,166 97,216 101,267 Public Works Maintenance Manager 82,221 86,136 90,051 93,967 97,882 Public Works Project Coordinator 75,338 78,925 82,513 86,100 $9,688 Information Technology Coordinator 71,650 75,062 78,474 81,886 85,298 Park Supervisor 69,202 72,497 75,792 79,088 82,383 Street Supervisor 69,202 72,497 75,792 79,088 82,383 Utility Supervisor 69,202 72,497 75,792 79,088 82,383 Golf Operations Manager 69,202 72,497 75,792 79,088 82,383 Greens Superintendent 69,202 72,497 75,792 79,088 82,383 Building Official 67,290 70,494 73,698 76,903 80,107 Vehicle Maintenance Foreman 63,891 66,934 69,976 73,019 76,061 Deputy Register Supervisor 59,026 61,837 64,647 67,458 70,269 PROFESSIONAL EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Accounting Coordinator 67,239 70,440 73,642 76,844 80,046 Public Works Specialist 61,490 64,418 67,346 70,274 73,202 Senior Citizen Coordinator 59,578 62,415 65,252 68,089 70,926 Recreation Supervisor 59,578 62,415 65,252 68,089 70,926 Support Services Coordinator 59,026 61,837 64,647 67,458 70,269 Graduate Engineer 57,768 60,518 63,269 66,020 68,771 Accountant I 54,980 57,598 60,216 62,834 65,452 Assistant Golf Operations Manager 51,159 53,596 56,032 58,468 60,904 Planner 50,114 52,500 54,886 57,273 59,659 Assistant Forester 49,332 51,682 54,031 56,380 58,729 Information Technology Technician 49,332 51,682 54,031 56,380 58,729 Resolution 11-78 - Continued December 21, 2010 EXEMPT CREATIVE PROFESSIONAL Step 1 Step 2 Step 3 Step 4 Step 5 Web/Graphic Designer $41,125 $43,083 $45,041 $47,000 $48,958 EXEMPT ESTABLISHMENT EMPLOYEES Step 1 Step 2 Step 3 Step 4 Step 5 Mechanic - Golf Course $43,646 $45,724 $47,802 $49,881 $51,959 Turf Maintenance Foreman 42,939 44,984 47,029 49,073 51,118 Turf Maintenance Assistant 33,931 35,547 37,162 38,778 40,394 NON-EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Clerk $38.65 $40.49 $42.33 $44.17 $46.01 Engineering Technician III 29.56 30.97 32.37 33.78 35.19 Chief Building Inspector 29.48 30.89 32.29 33.70 35.10 Deputy Fire Marshal 29.39 30.79 32.19 33.59 34.99 Building Inspector 28.03 29.37 30.70 32.04 33.37 Fire Education Specialist 25.88 27.11 28.35 29.58 30.81 Fire/Property Maintenance Inspector 25.88 27.11 28.35 29.58 30.81 Crew Leader - Maintenance 28.49 GIS Technician 23.72 24.85 25.98 27.11 28:24 Community Standards Inspector 23.60 24.72 25.84 26.97 28.09 Public Works Maintenance 20.57 21.82 23.08 24.79 Step C 26.05 Step B 26.56 Step A 27.12 Administrative Assistant 20.64 21.62 22.60 23.59 24.57 Communications Specialist 20.64 21.62 22.60 23.59 24.57 Accounts Receivable/Election Assistant 20.64 21.62 22.60 23.59 24.57 Assessment/Accounts Payable Technician 20.64 21.62 22.60 23.59 24.57 Utility Billing/Accounts Payable Technician 20.64 21.62 22.60 23.59 24.57 Motor Vehicle License Clerk 17.46 18.3Q 19.13 19.96 20.79 Community Service Officer 17.12 17.46 Office Clerk 16.30 17.08 17.86 18.63 19.41 Receptionist 16.30 17.08 17.86 18.63 19.41 FIRE DEPARTMENT Battalion Chief $18.77 per hour Captain 18.07 per hour Lieutenant 16.76 per hour Firefighter 14.54 per hour Firefighter - Apprentice 12.26 per hour Firefighter in Training 9.21 per hour Resolution 11-78 - Continued December 21, 2010 AND, BE IT FURTHER RESOLVED that: 1. The dollar amount of the City's contribution to benefits for employees classified under the categories of Non-exempt, Exempt Establishment, Exempt Creative Professional and Professional Exempt will be $991 per month effective January 1, 2012. The City will also pay the cost of group term life IRS maximum non-taxable level and group disability insurance for those employees. 2. The dollar amount of the City's contribution to benefits for employees classified under Management Team and/or Division Head/Supervisor categories who have been appointed in such designated positions prior to May 1, 2011 will be $1,012 per month plus 2% of monthly salary effective January 1, 2012. The City will also pay the cost of group term life IRS maximum non-taxable level and group disability insurance for those employees. 3. Employees wha successfully participated in the City wellness program in 2012 will receive an additional $20 per month in the City's contribution towards benefits. 4. Employee service awards are outlined in the Public Purpose Expenditure Policy and shall be considered compensation in accordance with IRS regulations. 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. h � �i� i� � _ �� :. �� City Administration/Council O :�`,J� �, e 763-593-3989/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. I. Approval of City Manager Salary Prepared By Chantell Knauss, Assistant City Manager Summary Upon completion of the City Manager's review, Council requested staff prepare a summary for an increase in his compensation. A 1% increase is proposed, the same increase being proposed for all other non-union employees. This will bring the Manager's compensation to $136,797. Recommended Action Motion to adopt Resolution Updating the Addendum to the City Manager Employment Agreement. Resolution 11-79 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION UPDATING THE ADDENDUM TO THE CITY MANAGER EMPLOYMENT AGREEMENT BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the following addendum to the City Manager Employment Agreement. This addendum supersedes the previous addendum dated December 21, 2010 and will be effective on the City Manager's anniversary date November 18, 2011. Salary $136,797 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. G� ��'��w � ,�,�, ,,r �] � City �Administration/Council (,�, 763-593-3989 I 763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. J. Amending Health Reimbursement Arrangement (HRA) Plan Documents Prepared By Chantell Knauss, Assistant City Manager Summary Attached is the resolution which amends the plan documents for the Health Reimbursement Arrangement (HRA) effective January 1, 2012. The HRA is tied to a High Deductible Health Plan which was new to the City in 2007. The proposed amendment allows employees that change from the HRA plan to the Health Savings Account (HSA) plan or other coverage to elect a "limited scope" HRA for vision and dental reimbursements. Without this amendment, employees would have to suspend their HRA funds in their entirety. This change allows employees more flexibility in accessing their HRA funds. The proposed change would be effective January 1, 2012. Attachments Resolution Amending the Health Reimbursement Arrangement (HRA) Plan Documents (1 page) Recommended Action Motion to adopt Resolution Amending the Health Reimbursement Arrangement (HRA) Plan Documents. Resolution 11-80 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN DOCUMENTS WHEREAS, the City Council previously adopted the City of Golden Valley Heath Reimbursement Arrangement ("HRA") for certain current and former employees of the City; and WHEREAS, the HRA is being amended to allow employees that change from the HRA plan to the Health Savings Account (HSA) plan or other coverage to elect a "limited scope" HRA for vision and dental reimbursements. WHEREAS, without this amendment, employees would have to suspend their HRA funds in their entirety; and WHEREAS, this change allows employees more flexibility in accessing their HRA funds and would be effective January 1, 2012; and NOW, THEREFORE, BE IT RESOLVED, the City Council hereby authorizes the Amendments to the Plan Documents for the Health Reimbursement Arrangement. BE IT FURTHER RESOLVED, that the City Council of the City of Golden Valley hereby authorizes and directs the City Manager to execute the documents and such person or persons be authorized to do whatever else is necessary to accomplish this objective. 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. C'. °" � � � ��: �.�� .. City Administration/Council O ' �� , e 763-593-8096/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. K. Adoption of New Employee Handbook Prepared By: Chantell Knauss, Assistant City Manager Summary The Employee Handbook is proposed to be updated to reflect the following substantive changes. Any changes that are necessary to clarify federal or state laws and/or the City's current policies are not itemized below. The proposed revisions will be effective January 1, 2012 and the entire Handbook will be re-distributed and information sessions with employees will be conducted. Entire Document All references to the specific positions of"Human Resources Coordinator" and "Accountant" will change to the functions of"Human Resources" and "Payroll." All references to former employees or outdated contact information is updated. Definitions Adds a definition for "Intern" as a non-benefited employee, enrolled in an educational institution or just completed coursework. Internships are for a maximum of six months, unless extended by the City Manager. Interns may be paid or unpaid. Clarifies the definition of a "Regular Part-time Employee" as one that works fewer than 40 hours per week, maintains continuous employment status and has regularly scheduled work hours as opposed to being on-call. Section 4.15 Job Posting & Recruitment Revised this section so that position vacancies are emailed to City employees, rather than posting on bulletin boards and only accept applications via the online application process, unless an exception is made. Section 4.25 Reference & Background Checks In addition to the positions in Finance and Public Safety, revises this section to require a pre- employment consumer credit check for all positions that handle cash and all positions that have authorization to approve expenditure of funds. Section 4.65 Employee Images Adds a section which provides notice according to Minnesota Statutes to employees regarding an employee's image (photo or recording) that is taken while participating in work related or promotional City activities. Provides the opportunity for the employee to elect whether or not the City is authorized to use such images for display, reproduction and/or publication for City purposes. Section 5.15 Code of Ethics and Section 5.70 Outside Emp/oyment In addition to getting prior approval by the employee's department head, this revision requires an employee to also get prior approval from Human Resources and the City Manager, before holding an incompatible office or engaging in any regular outside employment. Section 5.55 Drug &Alcohol Policy(Non-DOT) Adds a definition for a "Negative Test Result" which includes how a "Negative Dilute" test result is treated and how a "Position Dilute" test result will be treated. Also requires a pre- employment drug and alcohol test for all regular full-time, regular part-time and paid on-call Firefighter positions. Currently all Public Safety and Public Works Maintenance positions are required to undergo pre-employment testing. Section 6.05 Attendance & Hours of Work Revises the reporting of time to the nearest 1/10th hour increment rather than the nearest one-quarter hour. This is already being done in the Police Department and at Brookview Golf. Section 8.10 Payroll Policies & Procedures and Section 12.25 Termination Procedures/Exit Interview Adds provisions, for those employees leaving employment with the City, that final pay will not be direct deposited until all City issued equipment (uniforms, keys, etc.) is returned. In the event that City issued equipment is not returned within 30 days from termination, a theft report will be filed with the Police Department. Section 10.15 Tuition Reimbursement Amends the tuition reimbursement policy to clarify the reimbursement maximum is per calendar year and prior approval applies to each individual course, rather than a degree program. Sunsets the eligibility of regular part-time employees to participate to those hired prior to January 1, 2012. Also clarifies that employees on a perFormance improvement plan and employees that receive a "needs improvement" or a lower than satisfactory rating on their most recent performance review are not eligible to participate. Section 12.15 Layoff& Call Back Revises this section so that if the City Manager deems an emergency situation, the 14 calendar day notice does not apply and removes the right of laid-off employees to a six month call back. Attachments Resolution Adopting A New Employee Handbook (1 page) Recommended Action Motion to adopt Resolution Adopting A New Employee Handbook. Resolution 11-81 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A NEW EMPLOYEE HANDBOOK WHEREAS, the Employee Handbook was effective January 1, 1991, was adopted by Resolution 9-21 on February 1991; and amended by Resolution 92-3 on January 7, 1992; and WHEREAS, the Edited Employee Handbook dated May 6, 1996, was adopted by Resolution 96-56 on May 22, 1996; and WHEREAS, a completely revised Employee Handbook dated January 1, 2006, was adopted by Resolution 06-17 on March 6, 2006; and WHEREAS, the handbook was further amended by Resolution 06-83 on December 19, 2006; by Resolution 07-75 on December 18, 2007; by Resolution 09-28 on May 19, 2009; and by Resolution 11-23 on May 17, 2011; and WHEREAS, the handbook adopted by Resolution 11-23 has been significantly revised to include new City policies and procedures, comply with recently enacted state and federal laws and clarify language of existing policies in a manner that involves the total reprinting of the handbook; WHEREAS, the above-referenced amendments will become effective as of January 1, 2012; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the "City of Golden Valley Employee Handbook" dated January 1, 2012, is hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. 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. � : o,t� � � �Y�� " (�h� � a P Finance 0 �` _ �/ 763-593-8013/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item � 3. L. Adoption of Fund Balance Policy for General Fund and Fund Balance Year-End Classifications Policy Prepared By Sue Virnig, Finance Director Summary The City has to implement the Governmental Accounting Standards Board (GASB) Statement No, 54 Fund Balance Reporting and Governmental Fund Type Definitions. The new standard has altered the categories and terminology used to describe the components of fund balance in the governmental funds. This standard takes effect for Financial Statements for calendar year 2011. With the implementation of the standard, staff felt the unwritten but understood policy of fund balance at a level of 60% should be formally approved and is incorporated in the resolution. Attachments Resolution Adopting Fund Balance Policy for General Fund (3 pages) Resolution Adopting Fund Balance Year-End Classifications Policy in Accordance with Governmental Accounting Standards Board #54 (4 pages) Recommended Action Motion to adopt Resolution Adopting Fund Balance Policy for General Fund. Motion to adopt Resolution Adopting Fund Balance Year-End Classifications Policy in Accordance with Governmental Accounting Standards Board Resolution 11-82 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING FUND BALANCE POLICY FOR GENERAL FUND WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No. 54, which changes the terminology used for fund balance reporting on balance sheets of Governmental Funds; and WHEREAS, the Office of the State Auditor has recommended a Fund Balance Policy is approved by the Council; and WHEREAS, the City of Golden Valley has formalized a Fund Balance Policy for the General Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that is adopts the Fund Balance Policy for the General Fund, attached hereto as Exhibit A. 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 11-82 - Continued December 20, 2011 Exhibit A City of Golden Valley Fund Balance Policy - General Fund The City Council authorizes the City Manager and/or Finance Director to assign fund balance that reflects the City's intended use of those funds. When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order; 1) committed 2) assigned 3) unassigned. These fund balance classifications apply only to Governmental Funds, not Enterprise or Internal Service Funds. Unassigned Fund Balance —Working Capital Policy The City's unassigned fund balance - working capital as of the end of the year should equal 60% of the current year's adopted expenditures. Any amount in excess of 60% will be used for budget stabilization. If the balance falls below 60%, a plan will be developed and implemented to replenish the funds. A balance equal to 60% of the current year's adopted expenditures is needed to fund the following year's operations until the tax settlement is received at the beginning of July. Unassigned Fund Balance — Budget Stabilization In recognition that the amount for working capital only covers operating costs for the first six months of the year, the City wants to maintain additional resources on hand to provide for contingencies. Therefore, at the end of each year, staff will review with the Council any amounts above 60% and recommend proposed uses of the funds. Proposed uses may include transfer to the capital maintenance or other funds, use for one-time projects to minimize the issuance of debt, or any other City purpose. The balance may be used for various contingencies including the following: • Provide flexibility if state law significantly iimits the City's taxing and spending powers. This could include legislation regarding levy limits, property tax freezes, levy referendum requirements, etc. • Provide flexibility if the State eliminates or reduces State revenue including fire pension aid, police pension aid, state street aid, or PERA aid. • Provide some protection for future funding needs of the capital improvement plan (CIP). • Support the City's bond rating. • Cover expenses created by natural disaster, including flood, fire, or tornado; provided that if federal or state funds are received to offset these expenditures, the budget stabilization fund will be reimbursed. Resolution 11-82 - Continued December 20, 2011 • Cover a General Fund deficit when actual revenues are less than expenditures and to allow for a reasonable degree of error in budget forecasting. • Protect against other unforeseen expenditures and any other items. This policy protects the City in the event of temporary revenue shortfalls or unpredicted expenditures and provides time to react to permanent changes in the City's operating environment. Staff will seek council approval prior to use of the budget stabilization fund. Resolution 11-83 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING FUND BALANCE YEAR-END CLASSIFICATIONS POLICY IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOARD WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No. 54, which changes the terminology used for fund balance reporting on balance sheets of Governmental Funds; and WHEREAS, the City of Golden Valley has set up Fund Balance Year-End Classification Policy in Accordance with GASB #54; and NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Golden Valley that is adopts the Fund Balance Year-End Classification Policy In Accordance with GASB #54, attached hereto as Exhibit A. 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 11-83 - Continued December 20, 2011 Exhibit A City of Golden Valley Fund Balance Year-End Classification Policy in Accordance with GASB #54 PURPOSE: The Government Finance Officers Association's (GFOA's) guiding principle for classifying the various components of fund balance is to indicate the extent to which the government is bound to honor constraints on the specific purposes for which amounts in the fund can be spent. Following governmental accounting standards, the City has three basic categories: governmental funds, proprietary funds, and fiduciary funds. This fund balance classification policy applies only to the governmental categories. GOVERNMENTAL FUNDS In 2009, the Governmental Accounting Standards Board (GASB) issued a new standard, GASB Statement No. 54, Fund Ba/ance Reporting and Governmental Fund Type Definitions. This new standard has altered the categories and terminology used to describe the components of fund balance in the governmental funds (but it does not apply to the proprietary or fiduciary funds). This standard is effective for Golden Valley beginning December 2011. The City's governmental funds include the following fund types: A. General Fund B. Special Revenue Funds C. Debt Service Funds D. Capital Projects Funds Definitions (as they apply to Governmental Funds under GASB 54): Fund balance - the difference between assets and liabilities reported in a governmental fund. Non-spendable fund balance - amounts that are not in a spendable form (e.g., prepaid items and inventories of supplies). Resources that must be maintained intact pursuant to legal or contractual requirements are also considered non-spendable. Restricted fund balance - amounts subject to externally enforceable legal restrictions (creditors, grantors, contributors, and by law through constitutional provisions or enabling regulations). Resolution 11-83 - Continued December 20, 2011 Unrestricted fund balance - the total of committed fund balance, assigned fund balance, and unassigned fund balance, as described below: Committed fund balance - amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision-making authority (City Council). Commitments may be changed or lifted only by the City Council taking the same formal action that imposed the constraint originally. The City Council must take action on these commitments before year end. Assigned fund balance - amounts a government intends to use for a specific purpose; intent can be expressed by the government body or by an official or body to which the governing body delegates the authority to City Manager and/or Finance Director. Unassigned fund balance - amounts that are available for any purpose in the general fund. Only the general fund can report a positive amount of unassigned fund balance. A. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. Revenue sources include property taxes, license and permit fees, fines and forfeits, program revenues, intergovernmental revenues, investment interest earnings, and transfers. The General Fund's resources finance a wide range of functions including the operations of general government, public safety, and public works. The General Fund may have assigned fund balances at year end for approved transfers that meet the City's General Fund policy. The General Fund may have a portion of its fund balance classified as non-spendable if there are long term receivables, inventories, or prepaid items on the balance sheet. The General Fund is the only fund that can have any unassigned fund balance. The working capital balance of the general fund will fall into the unassigned fund balance classification. B. Special Revenue Funds Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. Governmental accounting standards require that substantial inflows of revenues into a special revenue fund be either restricted or committed in order for the fund to be considered a special revenue fund. The City has three different special revenue funds as follows: Resolution 11-83 - Continued December 20, 2011 1. Tax Increment Funds - this is considered restricted based on state statute, redevelopment plan or financing plan. 2. Cemetery Trust- this is considered restricted based on state statute. 3. Human Service Fund - this fund balance is considered committed. C. Debt Service Funds Debt service fund balances are considered restricted; they are resources that are being accumulated for payments of principal and interest maturing in current and future years. All of the City of Golden Valley debt service funds are considered restricted. D. Capital Proiect Funds Capital project fund balances are considered restricted or committed; they are resources that are being accumulated for current and future projects. Capital project funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. In Golden Valley, capital project funds are split into four categories: 1. Capital Projects - this category has balances that are considered both restricted and committed. Balances are committed by the City Council for future projects. 2. Improvement Construction - these funds are considered restricted either through bond covenants, enabling legislation or city ordinance. 3. State Aid Construction - this fund balance is considered restricted by Minnesota Department of Transportation agreements. 4. HRA Capital Projects - The HRA General Fund, Housing Fund, Golden Hills TIF District and the North Wirth# 3 are restricted through enabling legislation. Order of Fund Balance Spend-down When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the City's policy to use resources in the following order: (1) committed, (2) assigned, and (3) unassigned. ♦• �ti '..: O� � � �, e Public Works � � ,,�,. 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. M. Accessibility, Design, Policy and Implementation Manual for Public Rights-of-Way Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mark Ray, PE, Engineering Technician Summary The United States Access Board, U.S. Department of Transportation, and U.S. Department of Justice have released new regulations and design standards relating to the accessibility of public facilities for pedestrian traffic. As part of these new regulations and design standards, local municipalities are required to develop and implement transition plans to meet the new requirements. Staff has prepared a Draft Accessibility, Design, Policy and Implementation Manual specific to public rights-of-way to satisfy the new requirements and provide a basis for all pedestrian system improvements. The policy is not a stand-alone initiative, but a guide for what pedestrian provisions need to be included when projects take place. Similar to how the Minnesota Manual on Uniform Traffic Control Devices dictates what, where, and when signs need to be installed, this new accessibility and design policy will dictate what, where, and when specific accessibility provisions are required. In addition, the plan identifies priority areas for accessibility improvements of the existing City pedestrian system. A draft copy of the document was made available for public comment (information posted under the "Legal Notices" section of the City's web site) and also sent to the Courage Center. No comments were received regarding this document. Attachments Accessibility, Design, Policy and Implementation Manual for Public Rights-of-Way(73 pages) Recommended Action Motion to approve the Accessibility, Design, Policy and Implementation Manual for Public Rights-of-Way document. � � , F �� s ��._x . ff,::, � 'm� ,,. +�ffi „« � 3 � �k � � � � �� -� �. f _ �," _'. � �r" �n,'�i�fi� wi; y� �a�TM` , -,.�" . � z� � ��i �� j.;. ��': � i. N1�i � �ii �� s-. �� J� , . ,t�'.,... . .�,��'a�� . Accessi�►ility, Ctesign, Policy and � � � Implementation Manual for Public Rights-of-Way � �� r . City of Golden Vai�ey Accessibility, Design, Policy and Implementation Manual For Public Rights-Of-Way �'��l� ��re�t� Introduction..................................................................... ...................... .............. '! ' Accessibility Policy Development and Imp(ementation Process..........................................� 2 Public Rights-of-Way Accessibitity Poticy Goais .................................................................. 2 Definitions................................................................................................................................ 3 When Are Accessibility Upgrades Required?..........................................................................4 City Project Implementatian..................................................................................................... 5 Accessibility Project Request Process..................................................................................... 5 Accessibility Grievance Process.............................................................................................. 5 City Public Rights-of-Way ADA Campliance Statement.......................................................... 6 DesignGuidelines ................................................................................................................... 6 Frequently Asked Questions...................................................,................................................6 Sidewalks............................................................................................................................. 6 Curb Ramps/Blended Transitions ........................................................ 7 ! Signals...................................................................................................................._............ S Accessibility during construction.......................................................................................... 9 Resources.............................:............................................................................................... 19 List of Appendices Appendix A Accessibility in Public Rights-of-Way (CIP Priority Areas) Appendix B 2011-2015 Capital Imprvvement Program Street Projects Appendix C Public Sidewalk and Trail Policy Appendix D CQmplaint Report/Referral Farm Appendix E Proposed Accessibility Guidelines for Pedestrian Facilities in fhe Pu61ic Righf-of-Way(Chapters R2, R3 and R4) G:IPROJECTS�ADA Study(05-8)\GV Acc�ssibiifty Manual�.4.doac I t Introduction Based upon new and emerging regulatians, federal des+gn guidelines, and research, the City of Golden Valley has prepared this Design, Paiicy and Implementation Manual specific ta public rights-af way as it relates to accessibility for individuals with disabilities within the community. Elements covered in this manual include: • Pedestrian Access Routes • Curb Ramps 1 Blended Transitions i • Detectable Warning Surfaces ' • Pedestrian Crossings • Accessible Pedestrian Signals • Street Furnishings • Trails A review of}�ublished design guidelines and technical papers, and case law was canducted by JQP, Inc. in the spring of 2010. References that were identified and used as part of the development process included: • United States Access Board o Public Rights-of-Way Accessibility Guidelines (PROWAG) o Outdoor Developed Areas • Department of Transportation . Department Justice • Minnesota Department of Transportation (MnDOT) Documents • Minnesota Building Code -Chapter 1341 (July 2007) In addition to the literature review, the City of Golden Valley conducted a review and site inspectian af the candition of curb cuts and sidewalks and has documented the findings on a ' series of City maps. These maps will be used during the planning and implementation phases. Additionally, JQP, Inc. met with City staff and reviewed the City's documentation of ' conditions. Site visits were also canducted at Iocations with typical conditions to the transportation network in Golden Valley. Fundamentally, any sidewallc, trail, strest, development or redevelopment praject within the City of Golden Valley should begin with the intent of fully compliant accessibility and then be madified while evaluating a balance between access and feasibility. �he City may develop a specific process through which exemptions for a project may be obtained. 1 This manua! is based upan avaiiable resaUrces and information as of June 2011. It wrll be necessary to update and monitor Federal and State enforcement and case law related to accessibility of public right-of-way as time passes, and accessibility case law interpretations. Accessibiliiv Policy Development and Im�lementation Process • Finalize Accessibility, Design, Po(icy and Implementation Manual: o Determine applicabie laws, codes and design standards far pedestrian facilities, including curb cuts, sidewalks, crosswalks, etc. o Conduct an assessment of the City's facilities to determine which locations do not fully camply (noting specific features of non-compliance) - This has been compJeted 2007-2008. o Include clear language in contracting for services with architects, engineers, contracto�s, landscape architects, stating that the City af Golden Valley requires full compliance with American's with Disabilities Act (ADA) and other provisions , for public rights-of-way. o Provide opportunity for public comment: A hard copy of this document will be availab(e to the public at the Galden Valley Public Works office ar mailed upon request. The comment period will last for 30 days from the publishing of the notice af avai(abiiity for comment. • Prioritize locations of needed improvements and svrt them into twa categories: o Those that could be included with other prajects {example: overlays, reconstruction). o Stand-alone improvements. • ldentify work items for different improvements. � Long-range identification and budgeting for needed impravements. + Mvnitor other const�uction by federal, state, county and private developers to coordinate projects; i.e., stafe bike path project with the City of Golden Valley curb cufs ' project. • Continue to update accessibiiity project lists as projects are compfeted or new funding sources identified. Public Rights-of-Wav Accessibility Pofcy Goals Based upan extensive review of accessibility materials available, meetings with City staff, and review of walkway data/maps provided by the City, JQP, Inc..recommends the following: 1. Partnership between Public Works and Inspectians Departments to inform developers and cantractors of their responsibility to incorporate accessibility into their projects. 2. Prepare an informational packet and distribute to developers related ta accessible curb ', cuts, parking, and sidewalks. 3. Monitor private projects ta facilitate accessib�lity improvements ta the extent feasible. z i } 4. Coordinate with developments, remadeling, and construction projects, including state, and federal projects, to facilifate accessibility improvements to the extent feasible. 5. Proactively implement an access improvement plan using guidelines fram the published materials to improve overall network accessibility with an emphasis on points of interest such as govemment facilities, transit stops, special population : residences, healthcare facilities, and public spaces. Definiti€�ns � .�. �`€.'��s�#«��L ��.��,�,��t;�:ra�� ' The Director of Prabtic Warks, or designee, is the agent responsible for implementation of the , identified improvements as well as rasponding to requests, questions, or other inquiries ' related to public rights-of-way. ' ��:a,.:ica�:��t�' ��a1"i��i;;�� `�sill�� "A surface feature of truncated dome material built in or applied to the walking surFace to advise af an upcoming change from pedestrian to vehicular way.° � �°'��rv�s:�<,;��$��,f �a;:� �'�� A pedestr�an access route (PAR) is a cantinuous and unabstructed walkway within a pedestrian circulation route specifically designed for ADA accessible traveL Pedestrian access routes consist af the following components: • Walkways • Ramps • Curb ramps (exciuding flared sides) and landings • Biended transitions • Crasswalks • Pedestrian overpasses and underpasses • Elevators • Platform lifts ' }"� t, ,:�r,r�fi��;=;.�� ' As required by the Rehabilitatian Act of 1973 and the Americans with Disabilities Act af 1990, ' public entities are obligated to not discriminate in the pragrams ar senrices offered to the "general public." Parking, sidewalks, pedestrian crassings are a feature ar amenity offered by the City of Golden Valley. It may be appropriate for Golden VaAey to create a plan or special projects to improve or provide accessibility where no work is currently scheduled. Consideration in planning is to include location of government services, libraries, schools, specialized housing, health care providers, or other origins or destinations of significant volumes of pedestrian trips. Inclusion of inembers of the community to establish priarities is encouraged. 3 i. € � , When Are Accessibility Upgrades Required? ' The following is a list of fypical construction and maintenance activities conducted on sidewaiks, trails, and roads and the degree to which accessibility projects are required for each activity. Crack sealing—Not required Crosswalk installation— Required Example: Any new midblock ar corner(intersectian) crossing needs to be compliant. ' Concrete and pavement repair—Dependent on scope of wark Example: Isolated, partial or full panel replacement does not trigger larger scale accessibility work. However, the repair should be consistent with accessibility guidelines such as slope and no lips over 0.5 inches when feasible. Larger concrete repair projects may trigger additiQnal accessibility provisions. ' Concrete joint sealing— Not required ' Concrete surface planning/grinding - Not required Curb replaceme�tt—Dependent an scope of work Example: If the curb replacement is at an existing or proposed pedestrian ramp location, then it should meet ADA requirements. If the curb is not at a pedestrian crossing then standard curb (B6-18, etc.} can be used. Mill and overlay—Required Examples: For mid/partial block overlays upgrades are anly required in impacted street areas. Curb ramp must be installed where they are required, but do nat exist and any existing curb ramps must be brought into compliance (see Design Guideline section on ' curb ramps). New constructian— Required Examples: Curb cuts, sidewalksltrails, pedestrian crosswalks, trafFic signal installation, pedestrian tunnelsJoverpasses, and new development. Pavement marking— Dependent an scape of work Examples:Any pedestrian-reiated pavement markings should be consistent with accessibi!ity pravisions, but do not trigger any additional accessibility prajects. Pavement markings for vehicle traffic do not trigger any additional accessibility provisians. Po#hole patching - Not required Reconstruction—Required Examples: Roadway widening, additional vehicle/bike lanes, harizontaltverticai alignment changes, bridge replacement, total road rehabilitation, installation of concrete curb and gutter, traffic signal replacement, sidewalkftrail replacement. Sealcaating - Nat required 4 7 � Sidewalk panel replacement— Dependent an scope of work fi Example:Accessibility upgrades shoufd be done to the ex#ent feasible, If only one or two panels are being replaced, then there may be no opportunity to make changes. The higher the number of replacement sections, the better the opportunity to obtain consistency in corridor accessibility. Sidewalk joint grinding - Not required Sidewalk panef bituminous patch— Dependent on scope of work Example:The larger#he patch section, the better the oppartunity to accommodate some pravisians such as slope, cross-slope, and path consistency. Skin patching - Not�equired Utility patch - Dependent on scope of work ' Example: A utility patch in the street or bouievard would not trigger an accessibility project as the intended user is vehicle tra�c, or no traffic. A utility patch along a trail, sidewalk, or other pedestrian rou#e may require accessibility provisions. Generally speaking, the larger the patch area, the better the opportunity to meet accessibility requirements. City Project Implementation The City af Golden Vailey wili utilize two proccsses to implement accessibility prajects. The first is the inclusion of accessibility components as part of scheduled street reconstruction/maintenance activities, while the second is planned accessibility projects in , priority areas. These projects and priarity areas are under develvpment and wilE be cantinually refined by staff. Appendix A is a map of the current priority areas. The City's Capital Improvement Program (CIP) includes prajects to provide sidewalk and traii ' upgrades, including accessibility improvements. The CIP is available for public viewing in the Public Works office at Golden Valley City Hall. Appendix B includes a list of the current CIP street projects, by year, with the descriptions of each project providing infarmation on any accessibility components. In addition to City-driven projects, the City wiil also monitor State and County projects in Golden Valley to identify opportunities to coordinate efforts to improve accessibility. Accessibility Project Request Process The City of Golden Valley has established a Public Sidewalk and Trail Poficy that autlines the ' process for requesting new access rautes. The Public Sidewalk and Trail Policy is included in ' Appendix C af this manuaL , Accessibility Grievance Process The City of Golden Valley has established a grievance process for responding to concems ' about accessibifity. The grievance procedure (Complaint ReportlReferral form) is included as Appendix D of this manuaL ' 5 f j t City Public Rights-of-Vllay ADA Compliance Statement The standards of design which appiy to canstruc#ion work within the public r6ght-of-way in � Golden Valley shall be the 2Q10 Americans with Disabilities Act Standards for Accessibie Design, its supplements, revisions, or more recent versions. The most current applicable regulations are available online at_http:/Iwvwv.ada.gov. Additional standards may apply when work is being conducted an a State or County facility. The Resources section of this documen# provides contact information for other agencies. Design Guideiines Development and irnplementatian of design guidelines for accessibility will be an evolving ' process that may include many revisions and updates. In Appendix E of this document are the guidelines that are currently being used by the City of Galden Valley. These guidelin�s are subject to updates pending changes and recommendatians by the United States Access ' Board and other regulatory agenc+es. Frequently Asked Questions Sidewalks ' Que�tion: A project will be undertaken to connect a series of sidewalk segments near a schooL Musf fhe existing segments of sidewalk be mod�ed if they do not meet width ar cross slope provisions? Answer: Yes, to the maximum extent feasible within the scope of the project. Agencies are not required fo expand a ptanned scope of work to include other items of accessibitrty. Question: A new sidewalk is being buitt along an existing road that contains driveway access points. Must thase driveways be modified if their cross stope exceeds 2%? Answer. Yes, to the maximum extent feasible within the scope of the projecf. Quesfion: A city is r�building a sidewalk along Main Str�eet. The disfance between the edge of the right-of-way and the existing road does not provide s�cienf room for a 4-favt-wide pedestrian aceess route. Does the municipatity have to acquire more right- of-way on private property or narrow the roadway to provide the necessary space? Answer: No, these guidelines do nat require the municipatify to obtain rrght-of-way or fo narrow roadways. A municipality may decide to do either for other reasons(for ' instance, the raadway may be narrowed as a larger tra�c calming etfort or as part of a larger project in fhe roadway). s ` Curb Ramps/Blended Transitions Question: A multi-b/ock length of roadway is being resurfaced. The comers have curb ramps thaf ineet some, but not all, of the currenf specifrcatrans; for example, the cross slope may be too steep or fhe curb ramps do not have detectable wamings. ' Must fhe curb ramps be reeonstructed as pa�t of the resurfacing project? � Answer: Yes, if it is technical/y feasible to provide complying features. The work should be done at the same time the resurfacing is berng done. Question: New cur�ramps are being insfalled at an existing developed comer. New construcfion standards reguire the curb ramp to be within the crosswa/k, but an exi$ting underground utility vault is�ocafed where the ramp shouid be. Must fhe utility vault be moved? Answer: The scope of this project will determine the answer. if utilities ar�e being '; movsd for other reasons within the project limits, if may be possible to aiter or relocate the vault. If project constnrction will not involve the vaulf, it may be technica!!y infeasrb/e to locafe the curb ramp opfimally. /t may be possibie �o widen the crosswalk markings to include the curb ramp. Que�stion: What if the curb ramp can be piaced over the vault, but the access cover would be located on the curb ramp? '. Answer.• /f the access cover must be located on the curb ramp, i�should meet the surface requiremenfs of fhe pedestrian access route. Question: One comer of an infersecfion is being aitered by curb and gutter ' reconstruction and pair�d curb ramps are being installed as part of this projecf. The ' other fhr�e comers of the intersection are not being alfered. Musf cur�ramps be provided at the unattered comers as parf of this work? Answer. No. The scope of the project requires curb ramps only at the altered comer. Question: Are concrete paver blocks for sidewalks acceptable for pedestrian access ' roufes? Answer, Yes, but considerations shouid bs made to ensure that the route is comfortably and safefy traversable by wheelchairs and individuals with canes or other walk assisting devices. Question: Are expansion joinfs in sidewalks compliant with accessibility guidelines? Answer: lf depends, as long as there is not a gap (where an expansion joint has wom ', away) that is wider than 0.5 inches the expansion joints are akay. � Question: Where shouid a detectable waming device be used? Answer: Truncated domes are required at all street crossings and discouraged af a// alley and driveway crossrngs. However, if the drrveway access/ooks and operates like a street approach, truncated dames should be considered. Question: What is the minimum Mn/DOT width required for median refuge? Answer.• Mn/DOT is usr"ng a minimum width of 6 feet(back of curh to back of curb) for pedestrian refuges. Question: When is edge protection required for sidewalk runs? Answer: Edge protection rs required whenever a handrail is required. A detecfabie edge is a/so required for sidewa/ks adjacent to roundabouts. Question: When ramps are being reconstructed, does the cunb need to be removed or the ramp retrofrtted to the curb? Answer: The curb should be removed so that the new ramp meets as many accessi6ilify guidelines as feasible. Question: If the slope exceeds 5%, how far can the walk be 6uilt before reguiring a ; landing? Answer: A landing is requir�ed for every 30 inches in rise for a sidewalk fhat is ' separated from a roadway. ' Question: What does features does a compliant ramp need? Answer: Generally speaking, a rap needs:a running slope/ess fhan or equa!to 8.3�, meets MnDOT Spec. 2529.3, cross slope/ess than or egual to 2%, landing slope less than 2% in every dir8ction, landing area at/easf 4 feet by 4 feet, landing location at the top of the ramp or at a change in the access route dir�ction, truncated domes coverrng the entire cur� opening, proper drainage, no vertical discontinuities greater than 0.25 inches. Si�na(s Question: Curb ramps are being insta!!ed at a signalized infersection as part of a roadway irnprovement project. Exisfing pedestrian signais are pedestrian actuated but the pushbutfons are not accessible or piaced in accessible tocations. Must accsssible pedestrian signals be installed at the existing pedesfrian signals? Answer: If wark on pedestrian pushbuttons is not planned as part of this project, there is no need to expand its scope to include APS. a { � Question: The pedestrian signals in a corridor are being replaced with new cambined count-down signaJs. Must APS be included in the new system? Answer: Yes. The installation of a new system is an alteration fhaf reguires compliance with the new constrvction guidelines to the maximum extent feasible. However, the addition of a new feature, such as a countdawn face or larger display, to an existing insfailed system daes nof require that the scope of work be expanded to include other features. ' Question: Caunt-down signai disp/ays are being added to the existing pedestrian signal heads at an intersection, buf�he software and signal contro/ler are not being a/tered. Must APS 6e installed? Answer: No, simply adding a display to the existing WA�K/DON'T WALK signa! wauld not invalve the sysfem changes needed to implement APS. Quesfion: An infersection is being signalrzed and will include APS. The installation of stub po%s on the exisfing sidewalks to mount the new ped buttons wilt not involve dis#unbing the roadway or sidewalk. Must curh ramps be installed if none existed? Answer: No. This rs a project to install ped buftons; it is not an alteration to the sidewalk or street thaf would require the installation of curb ramps, as required by 28 CFR 35.951{e}. Question: The pushbufton on an existing pedestrian signa!is being replaced with a sfurdier modeL Must APS be installed? Answer: No, but the new pushbufton must meet applicabte requirements (i.e., location, height, operable parts). Question: An rntersection with sidewaiks and pedestrian srgnats is being widened to include a right tum lane. Must APS be instailed as a consequence of the widening ' project? Answer: No, installing APS is nof within scape of fhe projecf. Any nev✓pedestrian pushbuttons installed in fhe course of fhe work must meet applicabie requiremenfs. ' Note that this project is an alteration to the streef and sidewalk and thus must provide compl�ant curb ramps. ' Accessibil'��t r durina construction Question: What provisivns for accessibility must be made during cansfrucfion activifies? Answer: When a pedesfrian access r�aute is disrupted, closed, or relocafed during construction, mainfenance work, or other temporary conditions, fhe altemative s pedestrian acce�s rvute shall include pedesfrian ramps tn maintain accessibility. See the Mir►nesota Manu�{on Uniform Tra�c Controt Device� (MN M(JTC�} for further guidanee on the r�equir�ements for estabtishing an altemative pedestrian access route fr�r�temporary tra�c cantrol. 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Y.» � ....�. ,.�:. .... . .._.._. ,�. _�,_....,: �i# f1 1�t; � �.., ` � � � � � � �c�y �"^i �F.� fl=��:��a i±A:?°s �� 3.�;44�".��t:��'a'� �a.L-;r P�h�,y'7T `rS+` �'C.=.s"r'��.s'.�i��'Y�+:.�ii L"�.�9�£'St 2� �:*=I.1`zi`.'�:�.i.kr:t'�:�*'F"i �:� tF:�'3':tr.��.�`�?'�:_��*:i?i"7 'F;'tlit.i'.: f�:��t��'s3^t '..f'� E�i3#3a�Sa��i�l�:2'.a�� .. ��.�.i" �i�j��.3;� ��r �::�:i 4:�.�."'�i�3.�'t:f�i:�.',?*,3,�#�'�-'�"1�� i�� ?;�s�*4�w��i�,��"�5��'�'�?3� . :��, g�z?�Y *�r €+�:`fiis°.�-�.�=#�f�"d�1�a'� � 'a� "*.}�R'.''S3=�,�£�'�.�'�E,TM"��'�>�!§-' =�k` S:�'x3 3�"�.�:"«`=:� ':+'2�:ii`ef«r t�N�Y�Ptf €� �t:t"S '`t!�.'�:Y�"at,s.'.«a RarL��xh.`i � .. . T �� 32�r33^4iRwt.�f�f�,�^�r��'��r�si � T�.�x�.��c�%�'��'i� ��. �0 ; � Resources � �8 CFR 35 http://wwuv2.ed.gov/policy/rightslreg/ocr/28cfr35.pdf Accessible Rights-of Way: A Design Guide http://www.access-board.gavlprowaclguide/PR�WGu i�e.htm Americans with Disabilities Act Accessibility Guidelines (ADAAG) ! http://www.access-board.govladaag/html/adaag.htm Architectural Barriers Act of 1968 (ABA} http:llwww.gpo.gov/fdsys/pkg/FR-2047-06-201pdf/07-2979.pdf ' Hennepin County Program Access and Transition Pian http://www.hennepin.us/ Minnesota Department of Transportation http://www.dot.state.mn.us/ad a! Public Rights of Way Access Advisory Committee (PROWAAC) http:/Jwww.access-board.govlprowac/alterations/guide.htm Public Rights of Way Accessibility Guidelines (PROWAG) http://www.access-baard.govlprowac/ Section 504 of the Rehabilitation Act af 1973 http://www.access-board.govlenforcement/rehab-act-textlintra.htm The Access Board ' http:l/www.access-board.govJ .The Americans with Disabilities Act(ADA) http://www.ada.gov/ ! US Department of Transportation Department http://www.dot.gav/citizen_servicesldisability/disability.html �� ' � � .•, � � � 0. � � � � ; O � UI . ��..,,. �i r7 � »� p y � � � "�� i �� N � � � � a •W � 'Q a �m � ,t �i � � �•� � � d � �. ,M �+ � � L � � t u- � � ■� � ° c °- ;�' = c`�x ,�, �� !� �.i � c � � p � s a W *;.�"� �""ll'� !q (� ■� �' �m � � � E � � a, , � � o �x� �a � � � � c> > � o � a ` t� t� a r cv� n. t� a c.� ¢ a " ��,a � � � _ � �$ � � � . � ' i � '� � � �" `' °� � `--,, �� LL � � � St70dY3NM[W du RL{� 6C'lOdYiNNI W!O AlIJ J � � �' �.� �qp �-�"•'-•,-..—+ u � �v.��'�` r^'*r1'.'y��.5'�1 ~��-� h � . ' . �� ¢� j&#'�� -�� . � � � a _ ��*��"� t � � � ` � � � ,�,.�»-,r"*"` �� nt��g� �_ ° S� �1� g � ' j,%�i ��,� d g4 o � ,d..: ��E u7� `k .__�. n ; , k s , ,� H "�"�,� ..... � � � �"' uaa.z�v�av..�a a.c:a � � _ . .. , ,,, � , - � ,.. �': _,. ___..__�_ _ 1, �v 'i`: ,�'��:.t �� '�1.�J �� c�j �� ;[i� a 8'IVaSYIHQOYiOAlIJ ` . b ( Y b R7 �. "�'� � YYl+�MOPRfl�f. Q� 13S �._.,.. y . i12 w . .. . . � 's� ,� t i'o- .. � > '}}.l�X i. '� _� �z fi� o � 1 : �• y�..�- � �t�. c , � �, " �My s.� '�yy�r �,., . - ,�� -" .., � �� .. ... � � . �� ; ,.. ,_� � � � � � � � �. �t , ..�aa��E��T� , _ .. � „"`-^_'7 ... °��k � � ,��,,, r ,, ��, �� xr � _. - ;� � � �°A - Dz "'��, � � o _. �., � o , _ , � . �. , . ; `_'_ .��, �� _J x ., :�} � . f�' �� :�_ � ( � ' . k .:: ... ,.# i�: �w: ' - " : .. ��t � ray; i�., � �`� ... .. OO� � "' k7`�T� . kY ��.w ;`� _ , - � . - .�F"��* T ,... g.:,... '-. : ... �edi: ' . X ... .,-. - . �a- ..� � �' �. t Sf ,� � _ h "` � ,. �: ��. .,. ��g} . ,:. �y .. �aj' ... � � p O �.. �°r�.�� X g wS. '. q �� s, i � �' „ �:� � � � °�' �3 c � � � � � e � � - � � �� u _. ,, � ' u ��a �� r. a'ys�- ` '8 i �y�� _ �-� a �1 � �[ �� qF � �'�� ' r� o - ��n �t� �� , t a � �...°;; :a, ' � Ke,seg �, ��l�d ,: �, ,p� � � 1+� �; � � ..� _ _ "�: . ' � � ,,�.'` s +�YgP►+oJR . . � ,�,.. p . �� : � ,�F,,�- � �'��# .. . tl . . " a �Y � '... ... . p,�'{„ �� . [ -�t r $l �y , „ �� ' F �,�� . _. 3� ��' . �.`s . . .. DI' y*X M i :: . ��=' 8cry�,�� . �. .. . � . . � � ' .� � {i � � ' �.F� . y 3 u� ` � y ""t � x�. �� f �� . �D r• '¢}( ,, �. M � � 'F�~^... � .' _ �3�{��+�y.:. � �1^/" � t �� t � 1 > � � !,7 �.: � -�. `�. r t I� ,� skl� h ��.' j � f-_� Kma�s��Q�� y � � �i�z� � � "o,. � � � � - � �� ° v �� ^�^^ � �? 3�� Cj �. �, � � & F � (`m`1 asyuqofriiapaayvi . �' . ,..� ��,: �y u .' a . . . . . . _�.._._� P,�io}__—_.,...�,�.,.__-'-�—�°---•-_�__.4....,,.._._._-...._._ ..__.. . � ,_.._��._;_„ e- H.Ll30W F'Id]O Ail:?j•J wx�n xgra rrno>>a � ac xx�� APPENDIX B �«�� s-oi$ !- - —.____ ._ �.��t s� c�a�� proj«t n.ms Cily Hall Campue Sidewatk Renovatian �yp� U,,,�,�;� uurul Life ! � Gtc�ory Sp�Cbnahudion ,na�a,ption _ ._ _--� Priority ,�,��--.__:_.__ .._.. _... gro�ect wili pe�fqm a comprehensivc analysis of the Wim�etica Avenue Str�tscepe and sidewaiks,as welt as the City Hal1 campus.7'his �enalysis will inve,sti�te potetttial ADA complianx issuca such a�pedestrian rnmps,ami sidewalk cradcing.The study wil)determine the remaining funetional life of all landscaping attd streetscape materials,d�ine the estimated costs for rehabiliitation and/or rzplacement and provide a prioritizod sehedules for rthabiiGtation. ' e?Al l 'on wiU inclu�a sAUly of the facili6es and e�ch subsequen�ear includes rehabititita�ion of fcatures. _ � �17s� �� - -----• - ...._-._---------- --- -.____...----..._ _..... I Maiatenance of existing sKeetscape ma#erials and paleatrian faetfities to provide aomplience with ADA requirements and provide an aaxplable environment in a cost effxtiro manner. ____ ..._____ _�_._.__ ..1 Expenditures 2Q11 2012 20]3 2014 20tS Tots! Ca�ahuctiorNMaiMenance BO,OOU 75,000 75.000 75,Q00 75��0 �A00 Totel �.� 75,�0 75,000 75�OD0 7i,000 360,OOQ Fundtog Sources 2011 2012 2013 2014 2015 Totat Capital Improveme�Fund(81 H0,000 75,OOU T5,OD0 75,000 75,000 38Q,000 Totat e0.000 rs,oaa nAOO rs,et�a r.�,�o �a,00a .� .. .._ .. _.... .--- ----. _..... . . .. erojecrN S-019 . uep.rine.c she�s Project Nrwe Gfntsek MSA Dtbt Servlce Tyne u,�s��ed Usefal Life Ghgory Utuusigaod . _ � Prla'ity �� --. .. _..._. . - - —� Debt Setvict paymem oa Mumcipal S�te Aid Bo�ds ending in 2028. - ._ _. .._�.__1 - - - - __... ._ J� . ._. . ... ._._ _ _.----•--.__...__.._ � _ece�sary fuading for State Aid ro�s to construct projects needai for safet}r. _.._ ExpeadItures 2011 2012 2013 2014 Z015 Totsl �r 19t,Q00 189,0;10 189,000 t89.000 189,006 947,�f10 Total t�,aoo t�,oao tes,000 te�,000 ts9,000 �T,�a Fanding Soarces 2011 2012 2013 2014 2015 Tota! Municfpal State Ald(MSA-51 191,000 189,000 189,000 1�.000 189,000 947,tN� T�at . i�,�a �s�.000 �e�,uoo �w,00a tesAao �r,o� i�i�rr��r � Page 91 fProject p 5-030 ` '--_ ..--- -. Departmeat strec� connct Projtet Name s�devy�tik attd Tr�il S`yetem I7pgradee 7ype iTnr�igntd U�efut Life ; i Gttc�ory S�Conapuctio� Priortty �–=—�--—� Upgrading the deficient portions of the City's sidewalk acd uail system w curra�t standards and to bc compliant with State end Fedciaf standards ; i for handicap acasaibilrty,This wiil inclucle the elimination of barriers w secess,�oviding required clearances,in�a!ladon of standard ramps and ; �cstriao activatcd push buttons.This work will be performed in association with overiay projects end ac indepetndent pmjects basod upon 'orities estabished in the Right of Way Accessihility PI�. ��7 yuatifiaetion � _ ___ _ _! ; f � �Prowde e�'�acce�'ble estrian system that is coanplisnt with thc State and Federal Ra�uiraments. ---� . _...__.. Expeadituces 2011 1.ti12 2013 �014 2Q15 Total ConstrudioMWainlenance 50A00 50,o0u 50�060 50.000 50,000 250�000 Total '�.� 60AOO 50A00 30,000 30,A00 250,800 Fundiu�Soarcea 2ti11 ZO1Z 2013 2014 2015 Total ' ! Cppital Irnprov�neM Fund(fi1 50,0� 50,OOp 50,OD0 50,000 50,000 250,000 Tatal 3�.Q00 50,d00 50A00 ill.000 30,000 ZSO,ODB Projeet# .S-Q3� Deparlmcot Strcefs Caobet p'°k�t Namc Xenia Buildi�g D�motition Typ� imPm,�a„� —��---�_.__._.....___...__.__...—. .. .- --.... . . Uaefui i.ite Category BuiWings Priority �� 700-800 Xenia Avenue buildinygs wiU bc demolished.An agccemcnt wi11 be signed and the co�s incurred will be a�essed back to the property ._�� __ __ _ owner. -- ...... _ _._ ---_._.._.. . _._.. --- Justi�cation�._ �.�—.--- The commec+�ia!buildings located at 70018U0 Xenia Ave 5outh aze abandoned end'm disrepair.'fhe buildIngs meet the criteris of a hazardous buiiding,The property owner may aed the buitdings or wilt enter into an assessment agrecment wha�e all costs witl be assossed ud paid with future taxas, ' Expenditures 2011 ZOI2 ?Al3 2Q14 2015 Totxl Other 150�OOd 150AOU TOtal t50.90G 130,000 �ndjog Sources 2011 2{il2 2013 2014 2015 Totai CaPiqt!Improvemsr►t Fund{8i t50,000 150,OD0 Tore1 1so,ac� tso,000 �� € APPENDIX � � € � CITY OF GOLDEN VALLEY PUBLIC SIDEWALK ANQ TR�IL P��ICY Revised May 18, 2004 INTRODUCTION ! r Pedestrian connections and safety are high priority concerns for the City of Golden Valiey. The City recognizes that the most effective methad of providing a safe ' environment for pedes#rians is through the construction of a public off-street sidewalk ' and trail system that provides physical access for all residents of the City. The intent of this policy is to provide the guidelines for the location of a pedestrian system throughout the City af Golden Valley, and to provide standards for canstructian. DEFINITIONS The following terms, as used in this Poiicy, shall have meanings as stated: Disability. Disability means any condition or characteristic that renders a person a disabled person. A disabied person is any person who has, has a record of or is regarded to have, a physical, sensory, or mental impairmen#that materially limits one or more major life activities. Physical Access. Physical access means the absence af phys9cal obstacles ' that limit a disabled person's opportunity for full and equal use of ar benefit fram ; use af the City's pedestrian facilities. ' Sidewalk. A sidewalk is a pedestrian facility with anticipated primary users who are walking. Sidewalks are generally paralle!to a strest or roadway and are ' constructed of concrete. Trail. A trai! is a pedestrian facility with anticipated primary users that include wa(kers, bicyclists ar other wheeled users. A trail may be parallel to a street ar roadway or may be located outside of a public street right-of-way. Trails that are paved are typically surfaced with asphalt; trails that are unpaved may be surfaced with gravel, rock, woodchips or other similar materiaL G:1Policies and Pracedures�.Sidewalk&7rai11Policy Revision 20U4.doc PRIORITIES The installatian of sidewalks and �rails in Golden Vailey shall be based upon the foflowing: 1} Sidewalks and trails should be located to facilitate access and connections and maximize the safety of users, with an emphasis on areas of high use, including but nat limited to, schoals, parks, churches, businesses, and other public meeting piaces. 2) Sidewalks should be located on streets that carry relatively high volumes of pedestrian and/or vehicle traffic. These streets include county roads, Municipal State Aid streets, residential collector streets and loca! streets as needed. ' 3} Trails may be iocated on streets that carry relatively high volumes of pedestrian and/or vehicle traffic. These streets include county roads, Municipal State Aid Streets, residential collector streets and locai streets and needed. Trails should also be located in parks and nature areas as designated in the Comprehensive Plan and other public open spaces. 4) The City wiU cooperate with ather agencies in implementing their trail and ; sidewalk plans within the community. These agencies may include Hennepin ' Coun#y Public Works, the Three Rivers Park District, the Minneso#a Department af Transpartation, schoal districts, neighboring cities and others. ' 5) A citizen may request a sidewalk or trail through a petition. Petitions must be ' submitted to the City Cauncil for forwarding to the appropriate commissions and committees for consideratian. ' 6) The recommended location of sidewalks and trails shall be reviewed by the Sidewalk Committee. The Sidewalk Committee shall make recommendations to the City Council far new facility focation. CONSTRUCTION STANDARDS ' The construc#ion of sidewalks and trails within the City of Galden Valley shall be in accordance with the standards contained in this section of the policy, the Public Works Standards of the City, dated April 2001 and as amended; the Minnesota Departmen#of Transportation; the Minnesata Human Rights Act; the Americans With Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines, as amended through September 2002, and as may be amended in the future. The fallowing standards shall apply, under norma! circumstances, as the sidewalk/trai! construction standards within Golden Valley: 1) The preferred tacation of sidewalks and trails within public street right-af-way is one foot from the street right-of-way line (outside edge of sidewalk or trail}with a minimum turt boulevard of four feet. G:�Policies and ProcedureslSidewalk b TraillPollcy Revision 2004.doc 2 K E 2) The standard concrete sidewalk width shali be six feet wide when separated from the roadway by a bouievard that is a minimum of four feet wide. If a four-foot wide boulevard cannot be pravided, the sidewalk should be placed at the back af curb, and shall have a minimum width of eight feet. 3) The construction of sidewaiks shall be standard within public street right-of-way when concrete curb and gutter is present, unless the facility is classified as a trail, in which case a bituminous path shall be constructed. 4) Trails shal( be constructed within public street right-of-way_in cases where na concrete curb and gutter is present and a minimum boulevard of four feet cannot be achieved. 5) Trails within parks and other public open spaces shall be a minimum of eight feet wide with bituminous surFacing. 6} Trails, as identified in the comprehensive plan, should be paved based upon the need for year-round use or access for all users. Priority shall be placed on paving trails that pravide access to the exis#ing system, and to parks, nature areas and other public open spaces. 7) Trails within nature areas, as identified in the camprehensive pian, may be surfaced with alternative materials based upon the expected use of the trail and cansistent with state and federal law. The goal of these standards is ta ensure sound design of the City's sidewalk and trail system. The implementatian of these construction standards is the goal of sidewalk and trail design. However, it is recognized that strict application of these standards may result in significant impacts to the properties adjoining the walk, and may be in contlict with the portion of#he Pavement Management Policy that strives to minimize impacts to '; the adjoining properties. Therefore, the City Council may make exceptions to these ' standards in cases where impacts can be minimized or avoided altagether by varying fram the standards. MAINTENANCE Maintenance of sidewalks and trails, including snow removal, shall be the responsibility of the City. Snow remova! shall be on a priarity basis according to policy established by ' the Department of Public Works. G:1Policias and Proc�urestSidewalk&TraillPolicy Revisior,2004.doc 3 ( StDEWALK AND TRAiL CflMMITTEE The City Council has estabiished a sidewalk and trail advisvry cvmmittee to provide recommendations regarding the location of sidewalks and trails within the City. The sidewalk committee shaA consist af two mem�ers af the Planning Commissi�n; #wo members of the Open �pace and Recreation Commissian and one representative af the Environmental Commission. The sidewalk committee sha11 meet an an as-needed basis to review new requests for sidewalks and trails, review the existing plan as it relates to ' location and cons#ruction priorities, and make recommendations to the Cauncil regarding these issues. The Director af Public Warks, or hislher designee, shall be the staff liaison for the sidewalk committee. FINANCING When development or redevelopment occurs adjacent to sidewalks or trails included on the Sidewalk Plan, the develaper shall be respansible far constructing the sidewalk or traii according to the standards in this policy. Any pubfic street canstruction or recons#ruction project that has a sidewalk or trail identified within the boundaries of the project shalf include the construction o#that facility. The recammended Capital Improvement Plan may include an annual allocation to address autstanding needs for the construction of sidewalks and trails identified on the sidewalk map, but not within the boundaries of a public improvement praject. G:Wolicies and Proceds�res\Sidewalk&TraiRPoaicy Revision 2004.doc 4 APPENDIX D � :� _ �� x � � ' � �� ' �—� COMPLAtNT REPORT/REF�RRAL e Date: Ca11 Received By, Referred To: Com��a�nar�t's l��me: _.— � _._m Address; �' itY: '�,..._,�._..._ �.�_ .�. _ Zip. Phane : COMPLAINT DESCRIPTION Report of Action Taken (include dates) � Please retum to the Public Works Department— Thank you! G:�FormstComplaintRepartReferzai.docx APPEMDIX E � ; ; ; �' � � �� . � . . . Pr� �sed A��b� l � ��i��lir�� . . . . fi�r �'�d��r� �� I ��e� � � � , �� ': � � ��y2�, zo� � UNITED STATES ACCESS Bt3ARD A FEDERAL AGE�IGY COMMiTTED TO ACCESSIBLE �ESfGN i i � Public Rights-of-Way Accessibilitp Gufdelin� � I CHAPTER R2: SCOPING REQUIREMENTS �! R209 Appiication R201.1 Scope. All newly cvnstructed facilities,altered portions of existing facilities,and slements added to existing facilities for pedestrian circulatian and use located in the public right-of-way shail comply with �''. the requirements in this document. � Advisory R201.1 Scope. The requirements in this document are ta be applied to a11 areas of a facility within the scope of the p€oject. Where muftiple features afi the same type are provided, such as on-street parking spaces, and a percentage ofthe features are required to be accessible,anry the required number of features must comply with�e technical ; e�quirements Cn this document and be connectec!to a pedestrian access route, 1lVhene elements ar�e provitletl on a site that is a designated portion of a public right of-way,#he elemsni�are requir�to comply with the applicabte requirements in this document instead o#the requirements in the Americans with Disabilities Act Accessibility Guidelines for Bui(ding$and Facitit'res and the Architectural Barriers Act Accessibility Guideiines{36 CFR part 1191). R201.2 Temparary and Permanent Facllities. The requirements in this dacument shafl apply to temporary and permanent facilities in the public right-of-way. advisory R201.2 Temporary andPermanenf Facilities. Temporary pedestnan crrculatian paths araund work zones and portable public tailets are eacamplss v#t�mporary faciffies in the public right-af-way that are coveretl by the requiremeni�in this tlocumenf. R201.3 Buildings and Structu�es. Buildings and structures in the public right-of-way that are nat covered by the requirements in this dacument shall comply with the applicable requirements in 38 CFR part 1191. Advisory R201.3 Bu'rldings and Structures. Tc�wers and t�mparary pertormance stages ' and reviewing stands are examples af structures that may be provided in the public right of- way and are n�t c�vered by the requirements in this document. These structures are : required to comply v+rfth the applicable requir�emen#s in the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities and the Architectural Barriers Act Accessibifity Guidelines{36 CFR part 1197). R2p2 Alterations and Elements Added to E�cisting Facltltles R242.1 General, Alterations and elements added to existing facilities shaU comply with R202. Where elements are attered or added and the pedestrian circulation path to the altered or added elements is not altered,the pedestrian circulation path is not required to cornply with R204. Advisory R202,1 General. VVhere possble, added elements should be iocated on an existing pedestrian access route. 63 ' Public Righta-of-Way Acc�slbl0ty Guldelines;CHAPTER R2:SCOPING REQUiREMENTS R202.2 Added Etemenffi. Where elements are added to existing facilities,the added elemen#s shall comply with the applicable requirements for new constructian. R202.3 Alterations. Where existing elements, spaces, or facilities are altered, each altered element, space, or facility wifhin the scape of#he project shall cQmply with the applicable requirements for new construction. Aclvisory R�02.3 Alteratians. The alteratian of muitiple elements ar spaces within a facility rnay pravi�le a cost-effective opportunity to make the entire facility or a signficant portion of the fa�iii#y ac�ssib�. �� ; , R202.3.7 Existing Physical Constraints. Where existing physical constrair�ts make it impracticable for altered elements, spaces, or facilities to fully comply with the requirements for new construction, compliance is required to the extent practicable within the scope of the project. F,acist�ng physical constraints include, but are not limited to, underlying temain, right-of-way availabitity, underground structures, adjacent develaped facilities, drainage, or the presence of a notable natura!or historic feature. R202.3.2 TransPtionat Segments. Transitit�nat segments of pedestrian access routes shal!connect to existing unaltered segments of pedestrian circulation paths and shall com�ly with R302 to the extent practicable. RZ02.3.3 Reduction in Acces� Prohibited. An alteration shall not decrease ar have the effect of desreasing the accessibility of a facility ar an accessibie connectian te an adjacent building or site below the r+equirements for new constnaction in effect at the time of the alteration. Advisory R202.3.3 Reductian in Access Prohtbited. Sidewalk improvemenfs#hat cornact existing excessive cross slape should be carefully planned to avoid creating excessive slope"in curb ramps ar adding a step at existing building entrances. Salutions may include: • Split sidewalks that serve building entrances and street or highway at separate levels; • Sidewalks with greater cross slo�along the curb and pe�estrian access rou#es'witt� lesser cross slope along bui{ding fronts; ' • Pedestrian access routes alang the curb and ramped entrances to buiidings. R202.3.4 Alteratlons to Cluallfied Historic Facilities. Where the State Historic Presenratian Officer or Advisory Council on Historic Preservation determines that compliance with a requirement would threaten or destroy histarically signficant features of a qualified historic facility,compliance shall be required to the extent that it does not threaten or destroy historicafly significant features of the facility. ' 64 ; t � Public Rlghts-of•Way Accessibility(iuidoilnes Advisory R202.3.4 Alterations to Qualified Historic Faciiities. Where there is a federai agency°undertaking",as defined in 36 CFR 800.18(y),the requirernents in se�tron 108 of the National Historic Preserva#ian Act(16 U.S.C.,470t}and 36 CFR part 8QO apply. �ocation i of a fac�li#y within an historic dis#rict by itseff does nat excuse campliance with the requirement�in this tlocument. The State Histanc Preserva#ion C)fficer or Advisary Council on Hist�ric Preservation must determine that campllance would fhreaten or destroy histoncaily significant features of the facility. Reproductions ar r�plications of histaric facilities are not quaiified historic faeilities. R203 Machinery Spaces. Vaults, #unnets, and other spaces used by service personnel only far maintenance, repair, ar rnonitaring are not required to comply with this dacument. ! R204 Pedestrian Access Routes R2D4.1 General. Pedestrian access routes shall be provided in accordance with R204 and shall comply with R302. aci�isory R204.1 General. The Federal Highway Administration (FHWA)has issued guidance on the obligations of state and local governments to keep pedestrian access routes open and usable throughout the year, includ`mg snow and debris removaf: The guidanee is availabfe at FHWA's v�rsebs�e: h�t :r�/.lww�v�r.fttwa;dot.r,�alciuilrigt;�,rc�_uramstada sect5{k4�a.htm. R204.2 Sidewalks. A pedestrian access raute shall be provided within sidewalks and ather pedestrian circulation paths located in the public right-of-way. The pedestrian access route shatl cannect ta ' accessible elements, spaces, and facitities required by this document and t�accessible routes required by section 208.2.1 of appendix B to 36 CFR part 1191 vr section F206.2.1 of appendix C to 36 CFR 1191 that cflnnect building and facility entrances to public streets and sidewalks. Advisory R284.2 Sidewaiks. The aacessible elemeM�,spa�es,and facilitiss It�cated in fhe public right-af-way that pedestrian access routes must connect to fnclude accessible pedestrian signals and pedestrian pushbuttons(see R208), street,furniture(see Ft212},; boarding and alighting;areas antl boarding platforms at transit stops{see R213 and R308.1.3.2),'fransit sheiters(see R213 and R308:2), accessible an•street parking spaces (see R214 and R309), parking meters and p�rking pay stabons serving accessible�rking spac�s(see R309.5}, and accessible passenger loading zanes(see R215 and R310). R204.3 Pedestrlan Street Crossings. A pedestrian access route sha!! be provided within pedestrian street crossings, incfuding medians and pedestrian refuge islands, and pedestrian at-grade rail crossings. The pedestrian access route shall connect departure and arrival sidewalks. R204.4 PedestrFan Overpasses and Underpasses. A pedestrian access route shall be providet!within o�erpasses, underpasses, bridges, and similar structures that contain pedestrian circulatian paths. Where an overpass, underpass, bridge, or similar structure is designed far pedestrian use anfy and the approach siope tv the structure exceeds 5 percent, a ramp, elevator, limited use/limited application 65 79 i Pu611c Rights-of-Way Acceastbility Guidelinea:CHAPTER R2:SCOPINCi REQUIREMENTS elevator, or pia#�orrn lift shall be pravided. Elevators and platform lifts shail be unlacked during the � aperating hours of the facility served, Advisory R204.4 Pedestrian Overpasses and Underp�sses. V1�ere an averpass, � underpass,bridge, or similar structure is designed for both pedestnian and vehicle use and the pedestrian access route is contained withln the s#reet or highway right-a�f-way,#he grade vf the pedestrian access routs must not exceed"the generai grade establishsd for#he" adjacent�treet or highway(seeR302�5}. Where the pedestrian access route is not contained within the street or highway right-of-way,the grade of the pedes#rian acc�ss route must be 5 percent maximum(see R3�2.5�. 1Nhere pedestrian averpass�s or underpasses prc�vide arralternative pedestrian circulation path to street level crossings,bath tt�e pedestrian ov�rpass or undecp�ss and the street level crossing must contain,a pedestrian access route. State and local gc�vernmenis can provide s ramp, elevator,or Iift at ' overpasses and undetpasses designed far pedestrian use vnly_ Long ramps preser�t di�iculties for some pedestrians rn+ith disabilities and can require snow clearance. Etevatars ' or lifts can require maintenance. R205 Alterna#e Pedestrian Access Routes. When a pedestrian circulation path is temporarily closed by construction,alterations,maintenance operatians,ar other conditions,an altemate pedestrian access route complying with sections 6D.01, 6DA2,and 6G.d5 of the MUTCD(incorporated by reference, see R104.2}shall be provided. Where provided, pedestrian barricades and channelizing devices shall comply with sections 6F.63,6�68,and 6F.71 of the MUTCD(incorparated by reference,see R104.2). Advisary R205 Alternate Pedes#rian Access Roe�tes. Section 6G.05 0#the MUTCD recommentlS#t�at whenever possible work shauld be dane in a manner that does not create a need to detour pedestrians frorn existing pedestrian rautes. €xtra disi�nce and additiona! pedes#rian street crossings adtl eornplexity to a trip and increase exposure of risk to acciden#s. Sections 6D.01and 6G.05 of the MUTCD require alternate pedestrian routes to be accessible and detectable, including waming pedestrians who are�rlind or have low vision about sidewalk closures. Proximity-a�tuated audibte signs are<a preferred means#o warn pedestrians wha are blind or have fow vrsion about sidewalk closures, R206 PedestrEan Street Crassings. Pedestrian street crossings shall comply with R3p6. Advisory R206 Pec�e�triar�Street Crossings. All pedestrian street crossings must be accessible to pedestrians with dPsabfil�ies: 1f pedestrian crossing is proh`rbited at certain loca�ons,�No Pedestrian Crossing°signs should be provided'along with detet�able fieatures,such as grass strips,landscaping,planters, chains,fencing, railings, or other barrrers. R207 Curb Ramps and Blended Transitions R2Q7.1 General. A curb ramp, blended transitian,flr a combination of curb rarnps and blended transit+ons complying with R304 shall connect the pedestrian access routes at each pedestrian street ss 1 � _, x f � Pubilc Rights-otalVay Accessibiiily(3uidelines � crossing. T�e curb ramp(excluding any flarec!sides)or blended transition shalf be contained wholly within the width of the pedestrian street crossing served. R207.2 Alteratlans. in afterations where ex�sting physical constrain#s prevent camplianc:e with R207.1, a single diagonal curb ramp shail be permitted to serve both pedestr9an street crossings. R2�8 Detectable Warning Surtaces R208.1 Where Requtred. Detectable warning surfaces complying with R305 shail be provided at the following lacations on pedestrian access routes and at transit s#ops: 1.Curb ramps and blended transitions at pedestrian street crossings; 2. Pedestrian refuge islands; 3. Pedestrian at-grade rail crossings not located within a street or highway; 4. Boarding platForms at transit stops far buses and rail vehicles where the edges af the boarding piatform are not protected by screens ar guards; and 5. Boarding and alighting areas at sidewalk or street level transit stops far rail vehicles where the side ofthe boarding and alighting areas facing the rail vehicles is not pratected by screens or guards. Advisory R208.1 Where Required. On pedestrian access routes,detectable waming surfaces indicate the boundary t�etween pedestrian and vehicular routes where there is a flush rather th�n a curb�tl connectic�n. Detectabfe waming surtac�es should no#be provided at crossings of resi�entia(driveways since the pedestrian right-of-way continues across residential driveway aprons. However,where commercial driveways are provided with yield or stop control, de#ectable warning surfaces should be provide�at the junction between the pedestrian route and the vehieular route. Whare pedes#rian at-grade raii crossings are located within a street or highway,detectable warning su�faces at the curb ramps arbfended transitians make a se�and set of detectable warning surfaces at the rail crossing ' unnecessary. Detectable warning surfaces are not intended to provide wayf°inding for pedestrians who are blind or have low vision. Wayfinding can be made easier by=; • Sidewalks that provide a clear path free of street furnitu�e; • Visual contrast between walking and nan-waiking areas{e.g., planted�rders); • Route edges that are clear and detecctable by cane; • Direct pedestrian street crossings and cx�rb ramps#hatare in-line with direction of travel; • Small comer ratliuses that pefmit pedestrian street crossings to be as shart and direct as possible; ' • Orthoganal intersections that factlitate navigation using parallel and perpendicular vehi- cle sound cues; • and bamers v�fiere petlestrian travel or crossing is not permitted, R288.2 Where Not Required. Detectable warning surfaces are not required at pedestrian refuge islands that are cut-thraugh at street level and are less than 1.8 meters(6.0 ft)in length in#he direction of pedestrian travei. 87 i � , � 3 � � Publlc Rlghts-of-Way Accoasibility Gulde!lnes:CHAPTER R2:SCOPINO REQUIREMENTS � Advisory R208.2 Where Not Required. Detectabie waming surfaces are not required at cut-through pedestrian refuge islands that are less than 1.8 meters(6.4 ft}�n iength because de#ectable warning surfaces must extend 610 millime#ers(2,0 tt)minirnum on e�ch side of the island and be separa#ed by 610 miliimeters(2.0 ft}minimum length of islartd without detec#able waming sueFaces{see R305.9.4 a�nd R3a5.2b4}. Insfalling<detectabi�warning surfaces at cut through pedestrian isiands that are less#han 1.8 meter�s(6:0 ft) in length ; would compromise the ef�ectiveness 4f detec#able waming surfaces. Where a cut-through '. pedestr�an refuge isiand is less than 1.8 m(6.0 ft)in(ength and the pedestrisn street erassing is signa(ized,the signal should be timed far a compiete erossing of the stre�t R209 Accessible Pedest�ian Signals and Pedestrfan Pushbuttons R209.1 General. Where pedestrian signals are pravided at pedestrian street crossings,they shall include accessibie pedestrian signats and pedestrian pushbuttons complying wittt sections 4E.08 through 4E.13 of the MUTCD(incorporated by reference,see R104.2). Operabie parts shali compiy with R403. Advisory R2t�9 Accessible Pedes#rian Signals and Pedestrian Pushbuttons. �n , accessible pedestrian signai and pedestrian pushbuiton is an integrated device�at cammunicates infarmation about the WALK and DON'T WALK irrtervals at signalized mtersections in non-visual formats(i.e.g audible tones and vibrotactile sutfaces)to pedestrians who areblind ar have law vision. R209.2 Alterations. Existing pedestrian signais shall compiy with R209.1 when the signai cantroNer and soflware are altered, or the signal head is replaced. R210 Pratruding ObJects. Objects along or overhanging any portion af a pedestrian circulation path shali comply with R4Q2 and shail not reduce the clear width required for pedestrian access routes. 68 ' PuWiC Rights-Di-Vllay ACC�sibility Ciuidelln� Advisory R210 Prctruding Objecls. Protruding objects can be hazardous for pedestrians, � especiaily pedestrians who are biind or have low visian. The requiremenfs for protruding objects in R402 apply across the entire width of#he pedesfirian circulation pa#h, not just the pedestrian access route. In addition,objects must not reduce the clear wid#h required for pedestrian access routes. State and local governments must comply with the requirements far pr�truding objects and maintain the��ar w'rdfh af pedestrian access�outes wt�en instaliing ar permitting the installation of street�miture on sidewalks;incfuding street lights, utility poles and ec{uipment c�abinets,sign posts antl signs,parking meters,#rash rec�pt,�cles, public telephones, mailb�xes, newspaper ver�ding mach�nes, benches,transit sMelters, kiasks, bicyc(e racks, planters and ptanted fire�s,and street sculptures, The Americar�Associatian af Sta#e Highway and Transpartafion O�icials�AASHT{}} recommends thatiocal govemr�tents use an encroachmient permit pracess to regulate ths use of sidewalks by private entities for activities such as autdoor dining,vending carts and stands, and street fairs in order to control protruding abjects and maintain the clear w9dth af ; pedestrian access routes. See AASHTO,Guide for the Piann"rng; Desi�n,and Operatian of Pedestrian Facilities(2004),section 3.2.3. R211 Signs RZ11.1 General. Signs shal!comply with R211. Where audible sign systems and other technologies , are used to provide information equivalent to the information contained on pedestrian signs and transit ' signs,the signs are not required to comply with R211.2 and R211.3. Advisory R211.1 General. Audibls sign systems and other technologies that provide rn€ormation equiva�nt ta#he infarmafion contained on signs are more usable by pedestrians who are blind or have low vision, Remate infrared audibla signs that#ransmit infarmation to pottable devices#hat are ca�risd by and audible oniy#o the user are an example af audible sign systems and other technologiea € R211.2 Pedestrian Signs. Signs, other than transit signs,that provide directions,warnings, or ather infarmation far pedsstrians only shall comply with R410. AdvisQry R21�1.2 Petlestrian Signs. Psdestrian route signs along an histaric trail,5itlew�lk closure and pedestriah dett�Ur Signs,St1d tOUFlSt 1f1�Qt'CTt8t10n S��nS al'@ examples of signs that provide dlrection�,warnings, or other information for pedestrians anly, Signs provided for motarists and pedestrians such as highway and street name signs are nat required ta comply with R410. ' R211.3 Transit Signs. Signs that iden4fy the routes served by transit stops shall comply with R410. Advisory R211.3 Transit Signs. Transit schedules,timetables, and maps are not required to comply with R410. R291.4 Accesslble Parking Sprace and Passenger Loading Zone Signs. Accessible parking spaces and accessible passenger loading zones shall be identified by signs displaying the Internatianal Symbo! ss Pubilc Rights-ot-Way Acceesfbllity Gukleiines:CHAPTER R2:SCOPiNti REQUIREMENTS of Accessibility complying with R411. At accessible parailel parking spaces and accessible passenger loading zones,the signs shall be located at the head ar foot of the parking space ar passenger loading zone. R212 Street Furr�iture R212.1 General. Where provided, street fumiture shaii compty with the applicable requirements in R212. R212.2 Drinking Fauntains. Drinking fountains shall comply with sections 602.1 thraugh 602.6 of Appendix D to 36 CFR part 1191. R212.3 Public Toilet Facilrties. Public#oilet facilities shatl comply with sections 206.2.4 and.6Q3 of Rppendix D to 36 C�R part 1191. At least one fixture of each type provided shalf compiy with sections fiO4 through 610 of Appendix D to 36 CFR part 1191. Where multiple single-user public toilet facilities are clustered at a single location, at least 5 percent, but no less than one,of single-user toilets at each cluster shall comply with R212.3 and shall be identified by the International Symbol of Accessibility complying with R411. R212.4 Tables. At least 5 percent, buf na less than one,of tables at each location shall comply with sectian 902 of Appendix D to 36 CFR part 1191. R212,5 Caunters. Counters shaA comply with section 904 of Appendix D to 36 CFR part 1191; R212.6 Benches. At least 50 percent, but no less than one, of benches at each location shall provide clear space complying with R404 adjacent to the bench. The clear space shall be located either at one end of the bench or shall not overlap the area within 460 mm (1.5 ft}from the front edge af the bench. Benches at tables are nat required to comply. Advlsary R212.6 Benches. Benches tha#provide tull bacK support and arn�rests to assist ' in sitting and standing are more usable by pedestrians with disabilities. ' R213 Translt Stops and Transit Shelters. Where provided,transit stops and transit shelters shall ' comply with R308. ' Advisoty R21S Translt Staps and Transit Shelters. Transit stops in the public right-of- way typicaily serve fixed rou#e bus systems, inctuding bus rapid transit systems, and fight rail transit systems. Signs that identify the routes served by the transit stop mus#comply with the technical requirernen#s for visual characters an signs unless audible slgn sys#ems or ather technologies are used to prouide-the information(see R211 and R410). The Feder2�!Highway Administration(FHWA}has issued guidance on the obligations of state transpartation departments, metropdiitan planning organizations, and trans�agencies ta coordinafe'the p(anning and funding of accessibiliiy improvernents to�ransit systems and facilities. The guidance is available at FHWA's websi#e: htt�:llwv�w.fhwa.dot.gQ�rlci�ilrights/mernos/ada merrro clarific 'ana..htm. 70 Pubiic Rights-of-Way Acceasibility(3uideNnes R214 t?nStreet Parking 3paces. Where on-street parking is provided on the biock perimeter and the parking is mariced ar metered, accessible parking spaces complying with R309 shall be pravided in accordance with Table R214. Where parking pay stations are provided and the parking is not marked, each 6.1 m(20.0 ft}of block perimeter where parking is pennitted shail be counted as one parking space. Table RZ14 On-Street Parking Spaces Tatat Number of Marked or Metered Mtnimum R�uired`Numb�r of Parking Spaces on the Block Perimeter Acces�tbte Parkiny Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 1 p0 4 101 to 150 5 151 to 20� 6 j 201 and over 4 percent of tatai Advisory R214 On-Street Parking Spaces. The MUTCD contafns prvvisians for►narking on-street parking spaces{see se�tian 38.19}. Metered parking includes parking metered by parking,pay stations. Where parking on part of the block perimeter is altered,#he minimum number of accessibie parking spaces r�uired is based on the tata!number of rnarked ar metered parking spaces on the block penmeter. R215 Passenger Loading Zones. Where passenger loading zones other than transit staps are ' provided, at least ane accessible passenger loading zone complying with R310 shall be provided for ' each 30 m(100.0 ft)of continuous loading zone space or fraction thereof. R218 Stairways and Escalators. Where provided on pedestrian circulation paths, stairways shall compiy with R408 and escalators shall comply with section 814.9 of Appendix D ta 36 CFR part 1199. Stairways and escalators shall not be part of a pedestrian access route. R217 Handrails. Where provided on pedestrian circulation paths, handrails shall comply with R409. ' R298 Doors, Doorways,and Gates. Where provided at pedestrian facilities,doors, doorways,and ' gates shall comply with section 404 of Appendix D ta 36 CFR part 1191. ; Advisory R218 Qaors,�oorways,and Gates. Enclosed transit shelters are an example of pedestrian#acilities where doors and doorways are provideda � 71 Public Rlght9-of-Way Accsssiblilty GuidaUnes:CHAPTER R2:SCOPINQ REQtlIREMENT3 72 ! 3 � Public Rights-of-Way Accsssibility Ciuldetines CHAPTER R3: TECHNICAL REQUIREMENTS R301 General R301.1 Scope. The technical requirements in Chapter 3 shail apply where required by Chapter 2 or ' where referenced by a requirement in this document. R302 Pedesfirian Access Routes R302.1 General. Pedestrian acc�ss routes shall comply vsrith R302. R302.2 Componer�ts. Pedestrian access routes shall consist af one or mo�e af the following components: 1. Sidewalks and other pedestrian circulation paths,ar a portion of sidewaiks and other pedestrian circulation paths,compiying with R302.3 through R302.7; 2. Pedestrian street crossings and at-grade rail crossings complying with R302.3 through R302.7, and R306; 3. Pedestrian overpasses and underpasses and simi(ar structures complying with R302.3 through R302.7; 4.Curb ramps and biended transitions complying with R302.7 and R304; 5. Rarnps complying with R407; 6. Elevators and limited use/limited application elevators complying with sections 407 or 408 of ' Appendix D to 36 CFR part 1191; ' 7. Platform lifts complying with sectian 410 of Appendix D to 36 CFR part 1191; and 8. Doars, doorways, and gates complying with section 404 of Appendix D to 36 CFR part 1191. Advlsary R302.2 Companents. The technical requiremen#for ele�ators, limitet!use/ (irnited application elevators,platfofm lifts,and doors, doorways,and gates are contained in the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities and the Architectural Barriers Act Accessibility Guidetines(36 CFR part 1191). R302.3 Continuous Width. �accep#as provided in R302.3.1,the continuous clear width of pedestrian access routes shall be 1.2 m(4.0 ft}minimum, exclusive of the width of the curb. Advisory R302.3 Cantinuous Wtdth. The continuous clear wid#h requirement�in R302.3 apply to sidewalks and other pedestrian circulatian�ths, pedestnan street crossings a�d at-grade rail crossings,and pedestrian averpasses and undec�asses and similar structures (see R302.2�, Clear width requiremertts are contained in R3D4.5.9 for curb ramps and blended transitions,and in R407.4 for ramps. Where sidewalks are wider than 1.2 m(4.O ft), only a partian of the sidewalk is required to comply with#�e requirements in R302.3 through R302.7. Additional maneuvenng space should be provided at turns or changes in direction, transit stops, recesses and alcoves,builtling entrances,and along curoed or angled routes, particularly where the grade exc�eds 5 percent. R210 prohibits street furniture and other objects from reducing the minimum clear wi+dth of pedestrian access rau#es: ' 73 i � f t � Public Rlghts-of Way Accesslbltlty Guidelines:CHAPTER R3:TECHNICAL REQUIREMENTS ��CUt� _ . , ._,_. .� �._._.__�,.�__._,__„ - .. c . .�, �� N ; PAR within width of sidewalk Figure R3Q2.3 Continous Width R302.3.1 Medians and Pedestrian Refuge Islands. The clear width of pedestrian access routes within medians and pedestrian refuge islands shall l� 1.5 m (5.0 ft) minimum. R302.4 Passing Spaces. Where the clear width of pedestrian access routes is less than 1.5 m (5.0 ft), passing spaces shall be provided at intervals of 61 m (200.0 ft)maximum. Passing spaces shall be 1.5 m(5.0 ft)minimum by 1.5 m (5A ft) minimum. Passing spaces are permitted to overtap padestr�an access routes. ' Curb , . : ,. ._ ... . . , ' ` . ... : : : � ; - --:Pa s�ing; :.: _ ,< � . s : , ` N � ` . � `space ; . � ,. : � ,�:: � .:. ' � '.� T :. ,� �, ... . .,, .. . ... ... .• . , -:. :".: . . .. :.: ... .. ,.._ _f > 61 m 1 .5 m 200ft 5ft Figure R302.4 Passing Spaces 74 y Public Rlghis-of-Way Atcesslbll3ty Guldeli»es R302.5 Grade. Except as provided in R302.5.1,where pedestrian access routes are contained within a street or highway right-of-way,the grade of pedestrian access routes sha11 not exceed the general grade r established far the adjacent street or highway. Where pedestrian access routes are not contained within a street vr highway right-of-way, the grade of pedestrian access routes shall be 5 percent maximum. Advlsory R302.6 Grade. The grade xequirements in R302.5 apply to sidewalks and o#her pedestrian circulation paths, pedestrian street crossings and at-grade raii crossings, and pedestrian ovsrpasses and underpasses and similar structures(see R302.2).; The grade of th�pedestrian access route is rneasured parallei to the direction of pedestrian travel. Running siope requirements are contained in R304:2.2 for perpendicular curb ramps, rn R304.32 far parallel curb ramp�, in R3p4.4.1 forbiended�ansitions,and in R407.2 for ramps. R302.6.1 Pedestrian Street Crossings. Where pedestrian access routes are contained within pedestrian street crossings,the grade of the pedestrian access route shall be 5 percent maximum. R302.6 Cross Slope. Except as provided in R302.6.1 and R302.6.2,the cross slope of pedestrian access routes shali be 2 percent maximum. Advisory R302.6 Cross Slope. The cross slope fequirements in R302.6 apply to sidewalks and other�edestrian circulation paths, pedestrian street crossings and at-grade rait crossings,and pedestrian overpasses and underpasses and similar structures(see � R302:2}. The cross siope o#the pedestrian access route is measured p�rpendicular to#he directian of pedestrian travel. Gross siope requirements are carrtained in R3fl4.5.3 for curb ramps and blended transit�ons,and in R407.3 for ramps. R802.6.1 Pedestrian Street Crossings Without Yield ar Stop Controf. Whers pedestrian access routes are contained within pedestrian street crossings without yiefd or stop controi,the cross slope of the pedestrian access route shaH be 5 percent maximurn. Advisory R3�2.6.1 Pedestrian Street Cr+assings Without Yield or 3top Control, Pedestrian street crassings without yield or stop control are crossings where there is no yield ar stop sign, or where there is a traffic signa!that is designed for the green phasea At pedestrian stree#crossings without yield or stop control,vehicles can proceed thraugh t�e intersection without slowing or stoppfng, Where pedestrian access routes�re contained withfrt pedestrian street crassings with yietd or stop control,the cross slope of the pedestrian , access route must be 2 percent ma�cimum(see R302.8). At pedestrian street crossings ' with yield ar s#op cantrol,vehicles slow or s�op before proceeding through the intsrsection. R302.6.2 Midblock Pedes#rian Street Crossings. Where pedestrian access routes are eontained within midblock psdestrian street crossings, the crass slape of the pedestrian access route shall be permitted to equal the street or highway grade. ' T5 PuWic Rights-of-Way Accesstbillty GuideEines:CHAPTER R3:TECHNICAL REQUiRBMENTB R302.7 3urtaces. The surfaces of pedestrian access routes and elements and spaces required to camply wiifi R302.7 that connect to pedestrian access routes shaii be firm, stable,and slip resistant and ' shaN comply with R302.7. Advisory R30�.7 Surfaces. The surface requirements in R302.7 appiy to sidewalks a�d other pedestrian circulation paths, pedestrian street crossing�and at�rade rai!crossings, pedestrian overpasses and underpasses and similar structures, and curb ramps and biended tran�ions(s�e R3t�2.2), The surtace requirernerrts'in R3t12:7 also'applyto surtaces at the faitowing accessible eiemenfs and spaces that conn�:t tv pedestrian access ; rautes: • Clesr spaces(see R4Q4:2), including clear spaces at operable parls(see R403.2} such as accessible pedestrian signals and pedestrian pushbuttons(see RZQ9), clear spaces at street fumiture such as benches(see R212.8),and ciear spaces within transit shelters I (see R3082), I • Boarding and alighting areas and boarding piatforms at transit stops(see R3�8.1.3.1}; ' • Access aisles at accessible Farking spaces(see R309.2.1 and R309.3)and accessible passenger loading zones(see R310'.3,4); and ramp runs and landings(see R407:�. R302.7.1 Vertica!Alignmen� Vertical alignment shali be generally pianar within pedestrian access routes{inciuding curb ramp runs, biended transitions,turning spaces, an�!gutter areas within pedestrian access routes)and surfaces at other etements and spaces required ta comply wi#h R3Q2.7 that connect to pedestrian access routes. Grade breaks shall be flush. Where pedestrian access routes cross rails at grade,the pedestrian access route surtace shall be level and flush with the top of rail at the auter edges of the rails, and the surface between the rails shall be aligned with the top of raiL ' Advisary R302.7.1 Vertical AFignmen� Pedestrian access route surtaces must be generally pfanar and smooth. Surtaces should be chosen far easy rallability. Surfaces that are heavily texEured, rough,or chamfered and paving systems cor�sisting af indivitlual units that cannot be lafd in plane w�ll greatly increase rolling resistanc�and subject pedestrisns who use wheelchairs,scaoters, and eolling waikers to the stressiul'and often painful effects ot vibra#ion. Such matenals shvuld be resenrad for borders antl decora�ve aceerrts lacated outsida of or only occasionally crossing the pedestrian access route. St�rfaces should be designed,constructed, and maintained according to apprapnate industry sfandards, specifications,and recommendations for best practice. R302.7.2 Vertical Surtace Discontinuities. Vertica!surtace discontinuities shall be 13 mm(0.5 in) maximum. Vertical surface discantinuities between 6.4 mm(0.25 in)and 13 mm {0.5 in)shall be , beve(ed with a slope not steeper than 50 percent. The bevel shatl be applied across the entire vertical surtace discontinuity. 7S � ' !i I PubNc Rights-of-Way Access3btiity t3uidelines � _ � Advisory R302.7.2 Vertical Surtace Discontinuities. The atfowance for verticai surface discontinuities is for occasional expansion joints and abjects such as utility covers,vauit frames,and gratings that canno#be located in another portion of the sidewaik au#side the pedestrian access route. However, objects such as utility cavers,uautt frames,and gratings ° shouid n�t be located on curb ramp runs, biended firansitions,turning space.s, or gutter areas witltin the pedestrian access route. This may not always be possibie in altera#ions, but shouid be avoided wherever possible. Verticai surface discontinuities between unit pavers should be minimized: { C.4 max 6.4-13 ��4 —'`�. ��-��2 � �� Figure R302.7.2 ' Vertical Surface Discontinuities R302.7.3 Horizontal Openings. Horizontal openings in gratings and joints shaii not permit passage of a sphere more than 13 mm(0.5 in)in diameter. Elongated openings in gratings shaN be placed so ; that the long dimension is perpendicular to the dominant direction of traveL ' dominent direc;tian of travel --� �,_: �_` � �-. �.: 3 : � � �� ► � ��: �:� ; �, �� . : � long dimension�rpendicufar to � ;, � �� .; dominant direction af trave! �` l { i l'� ,; ' I � . rd ;f . '� � � � � �: ; �: . ; � � �. ` ; : � : � _ ► 13 max 112 Flgure R302.7.3 Horizontal Openings 77 t Public Rights-of Way Accesstbilityr(iuldelines:CHAPIER RS:TECNNICAL REt2UfREMENTS R3Q2.7.4 Flangeway Ga�. Flangeway gaps at pedestrian at-grade rai!crossings shall!�64 mm (2.5 in) maximum on non-freight rail track and 75 mm(3 in}maximum on ireight rail track. Advisary R802.7.4 Flan$eway Gaps. Flangeway gaps are necessary to allow the ' passage of#rain wheel flanges. Flangeway gaps pase a potential hazard ta pedestrisns who use wheelchairs because the gaps can entrap the wheelchair casters. 64 max �64 max 2-1i2 2-112 � � • (a} ,t 75 max 75 ma3c 3 in 3 in ' {b} ' Flgare R302.7.4 Fiangeway Gaps R3�3 Alternate Pedestrian Access Rautes{See R205} R304 Curb Ramps and Btended Transitions R304.1 Generat. Curb ramps and blended transitions shall comply with R304. Advisary R304.1 Generaf. There are twa types of curb ramps� • Perpendicular curb ramps have a run�ing slope that cuts,through or is built up#a the . curb at nght angles or meets the gutter break at right angies where the curb is curved. On large corner radiuses, it will be necessary to indent the gutter break on ane side of the curb ramp in arder for the curb ramp to meet the gutte�break at rigi�t angtes. • Parailsl curb ramps have a running slope that is in-line with the direction of sitlewaik travel and lower#he sidewalk to a levef tuming space where a turn is rnade to enter the pedestrian s#reet crossing. 7$ � i I a � PubtlC Rights-af-YYay Accesrclbiitty(3uldelines £ � ° Advisory R304.1 Genera!(continued). Perpendicufar curb ramps can be provideci where the sidewalk is at least 3.7 m(12:Q ft)widew parailel curb ramps can be provided where the sid�ralk is at least 1.2 m(4A f�)wide. Parallel and perpend'rcular curb famps can be corr►bined. A parallel curb ramp<is used to I�wer the si+dewaik ta a mid-landing and a short perpendicular curb ramp connec#s the landing to the street. Combination curb ramps can be pravided where the sidewalk is at least 1.8 m(8.0 ft)wide. 81end�d transitions are raiseci pedestrian street crossings,depressed camers, ar similar connectlans beiween pedestrian;access`routes at the Isvei of the sidewalk and the 1eve1 of #he pedestrian sfreet crossing tha#have a grade of 5 peroent or less. Blende�transitions are suibbl�for a range of sidewalk conditions, R304.2 Perpendicalar Curb Ramps. Perpendicular curb ramps shal!compiy with R304.2 and R304.5. R304.2.1 Turning Space. A tuming space 1.2 m(4.0 ft}minimum by 1.2 m(4.0 ft}rninimum shali be provided at the top of the curb ramp and shali be permitted to overlap other turning spaces and clear spaces. VN�ere the turning space is constrained at the back-of-sidewalk,the tuming space shall be 1.2 m(4.0 ft) minimum by 1.5 m(5.0 ft)minimum. The 1.5 m (5.0 ft)dimension shaif be provided in the direction of the ramp run. 1.2 m rnln 1, rn min 4.0/ 5.Q U i.2 m m(n Suildir►g 4.D t /h�� / ' �� ,`y, -- t.2mmin ' � 4.o e I I , rn I 1 C� � , � j, O � Figure R304.2.1 Turning Space R304.2.2 Running Siope. The running slope of the curb ramp shall cut through or shall be buitt up to the curb at right angles or shall meet the gutter g�ade break at right angles where the curb is curved. The running slope of the curb ramp shali be 5 percent minimum and 8.3 percent maximum but shall not require the ramp leng#h to exceed 4.5 m(95.0 ft). The running slope of the tuming ' space shall be 2 percent maximum. 79 t }� 3 Pubiic Rights-of-Way Accessibllity l3uldelinea:CHAP7'ER R8:TECHNICAL REQUIREMENTS R304.2.3 Flared Sides. Where a pedestrian circulation path crosses the curb ramp,flared s3des shall be sloped 10 percent maximum, measured paraltei to the curb line. Advisory R304.2.3 Fiared Sides. The flared sides are part of the pedestcian circulation path,but are not part of the pedestrian access route. Curb ramps whose sides have returned curbs provide useful directional cues where they are aligned'with the pedestrian strec�t crassing and are protected from ctass travel by landscaping,street ft�miture, ch�ins, fencing,ar railings. y Flerad sidas ai cu�b ramp '� 1:10 max alape Rewmed curtxwhee l ,�d,��,�, � ��g�� Figure R304.2.3 Fiared Sldes R304.3 Parallel Curb Ramps. Parallel curb ramps shall camply with R304.3 and R304.5. R3Q4.3.1 Turning Space. A turning space 1.2 m{4.0 ft)minimum by 1.2 m(4.0 ft)minimum shall be provided at the bottom af the curb ramp and shall be permitted to overlap other tuming spaces and clsar spaces. !f the turning space is canstrained on 2 ar more sides,the turning space shall be 1.2 m (4.0 ft)minimum by 1.5 m(5.0 ft). The 1.5 m(5,0 ft)dimension shali be pro►rided in the direction of the pedestrian street crossing. $0 Publlc Rights-af-Way Accesslbitlty GuidelMes ( # i I 1 ,, 1.2mmn 4.ott 1 � 1.5 m mi� y�� S.0 ft �?- � �s4 � t �i s 1.2 m min � �: �.o n ~ ~\ 1.2mmin --• _. 4.0 tt Figure R304.3.1 Turning Space ' R30�4,3.2 Running Slope. The running siope of the curb ramp shall be in-line with the direction of sidewalk travel. The running slope of the curb ramp shali be 5 percent minimum and 8.3 percent maximum but shall not require the ramp length ta exceed 4.5 m (15.0 ft}minimum. The running slope of the turning space shall be 2 percent maximum. , R304.4 Blended Transitians. Blended transitions shall comply with R304.4 and R304.5. R304.4.1 Running Slope. The running slope af blended transitions shail be 5 percent mauimum. ' �. .� ,`-F 3 .`�. � �-..r._ . � j:! l�.._ l 1 rt�i � ' ��.� ,p. �. ��- ;��, ,�,� r��- Running slope 59'0 \,-�,,»_ �.,..`__ maximum \�� \\ �� \,� � �"�+ �, ��\ ,�ri��y�'� \` ,\ '\N �"_.�^�.�* �� .._ _ Figure R304.4.1 Running Slope 81 Public Rfghts-of Way Aacessibfiity Guidelfnes:CHAPTER R3:TECHNlCAL REQUIREMENTS � R304.5 Cammon Requirements. Curb ramps and blended transitions shaii cornpiy with R304.5. R304.6.1 Width. The clear width of curb ramp runs(exciuding any flared sides), blended transitions, and turning spaces shail be 1.2 m(4.Q ft) minimum. ( ' 1.2mmin I,•_�,•_�,•,� 4.Oft , ��. �4+ . . . .� 12mmin .�� , 4.O ft � ' �� '--, �o;� f �� >°�r• � .� Q b . . �„—_ . . ' �; �. - i-. . . ��`�'�--`�..,�_ . . .`. � •.. ---_ �..�,__ Figure R304.6.1 ' Wldth R304.5.2 Grade Breaks. Grade breaks at the top and bottom of curb ramp runs shal!be perpendicular to the direction of the ramp run. Grade breaks shall not be permitted on the surface af ramp runs and turning spaces. Surf'ace siopes that meet at grade breaks shall be flush. ti } ' � \�\p l 4�� *. r�� `\` � ..::�\ ! '.. ��\, p Grade br�k is �� ,', � perpendicular to ��"``�— � �� direction of traveL � ��"� '�`'' � '`�.�`-�,-- � �--_'� --- Figu�e R304.6.2 Grade Breaks $2 I , � i ; � � Publlc Rights-of-Way Accessibiitty Guideifnes R304.6.3 Cross Slope. The cross slope of curb ramps, biended transitions, and tuming spaces shali be 2 percent maximum. At pedestrian street crossings without yield ar stop control and at midbiock pedestrian street crassings,the cross slope shall be permitted to equal the str�et or highway grade. Ativisory R304.b.3 Crass Slope. Pedestrian street crossings without yield or s#op controi are croSSings whe�re there is no yieid orstop sign, or where there is a traffic signai that is designed for the green phase, At pedestrian street crossings without yield or stap control; vehictes can proceed#hrough the interseetion without slowing'`or stopping: R304.5.4 Caunter Slape. The counter siope of the gutter or street at the faot of curb ramp runs, biended trans�ions, and tuming spaces shall be 5 percent maximum. R304.6.5 Ciesr Space. Beyond the bottam grade break,a clear space 1.2 m(4.0 ft)minimum by 12 m(4.0 ft)minimurn shali be provided within the width of the pedestrian st�eet crossing and wholiy outsids the paraitel vehicle travel lane. 12 m min ' �A tt 1.2 m min A.0 ft � � �i I � ._J � V� 12 m min a.a 1t i, ' I / —_� �``J� ' 1.2 m min 4Aft Figure R304.5.6 Clear Space ! R305 Detectabte Warning Surfaces R3Ei5.1 General. Detectable warning surtaces shall consist af truncated domes aligned in a square or radial grid pattern and shall comply with R305. ; 83 j i i } Public Rights-of Way Acc�sibility Guidellnes:CHAPTER RS:TECHNICAL REQUIREMENTS R305.1.1 Dome Size. The truncated domes shall have a base diameter of 23 rnm(0.9 in)minimum and 36 mm(1.4 in) maximum,a tap diameter of 50 percent af the base diameter minirnum and 65 percent of the base diameter maximum, and a height of 5 mm (0.2 in). Advisory R305.'!.1 Dome Size. Where the truncated dornes are arrayed radially,they may differ in diameter and center-to-center spacing withinthe ranges spacfii+�d in R305.1.1 and R305.1<2. tap diameter �U�-G5�flf the base diameter 5.a base diamefier 2 23-38(0.�-1.4) elevation (enlarged) Figure R305.1.1 Dome Size R306.'t.2 Dame Spacing. The truncated domes shall have a center-to-center spacing of 41 mm(1.6 in)minimurn and 61 mm(2.4 in)maximum,and a base-to-base spacing of 17 mm(0.65 in)minimum, measured between the most adjacent domes. �'�-�� 1.5-2.4 \ � .� 17 min �---- � �4-fi1 0.65 �.�`.. -��,o) �Y��`�+3- � 61 2 4 �t� Q t��-f� �?�, L3 �`� �� plan Figure R306.1.2 Dome Spacing R306.7.8 Contrast Detectabie warning surfaces shali contrast visuaUy with adjacent gutter, street ar highway, or pedestrian access route surtace, either light-on-dark ar dar�c-on-light. Advisary R305.1.3 Contrast. Vsual contrast may be provided on the full surtace of the curb ramp but should not extend to flared sides. Visual contrast also helps pedestrians wha use wheelchairsto locate the curb ramp from the other side of the street. 84 � I i � Pubilc R�hts-ai-Way Acc�sibiiity(3uideiines R305.7.4 Size. Detectable warning surfaces shali sxtend 610 mm(2.0 ft)minimum in the directian of pedestrian travel. At curb ramps and blended transitions, detectabie waming surtaces shall extend the fuli width af the ramp run(excluding any fiared sides), biended transition,or tuming space. At pedestrian at-grade rail crossings not located wi#hin a street or highway,detectable warnings shall extend the fu(i width of the crossing. At boarding platforms for buses and rail vehicles, detectabie warning surfaces shall extend the ful!length of the public use areas of the platfarm. At baarding and alighting areas at sidewalk or street level transit stops for rail vehicles,detectable warning sutfaces shall extend the full length of the transit stop. Fuft width of curb ramp 1 a�. , 610 min za (a)perpendicular Full width of curb ramp G 1 o,• 610 m�n ' �•: � (b)returned c�rb Full width of iandinglt�min� � ~ 10 min za (cy parai�l Figure R305.1.4 Size R306.2 Placement. The placement of detectable warning surtaces shall comply with R305.2. 85 � ; � 1 _ ; � Pubiic Rights-of-Way Accessibiilty t3uldelines:GHAPTER RE:TECHNICAL REQUIREMENTS . . .. . . .. . . . . ......... y Advisory R306.2 Placement. Same detectabie waming products require a concrete , border for pro�r installation. The concrete border should no#exceed 51 mm t2 in). Where the back of curb edge is tooled to provide a radius;the border dimension should be measured from the end of the radius. � R305.2.1 Perpendicular Gurb Ramps. On perpendicular curb ramps, detectabie warning surfaces shai!be piaced as follows: 9.Where the ends of the bottom grade break are in front af the back af curb,detectable waming surtaces shail be placed at the back of curb. 2.Where the ends of the bottom grade break are behind the back of curb and the distance ftom ei#her end of the bottom grade brake to the back af curb is 1.5 m(5.0 ft) or less,detectabie warning surtaces shail be placed on the ramp run within one dome spacing of the boftom grade break. 3.Where the ends of the bottom grade break are behind the back of curb and the distance fram ' either end of the bottom grade brake to the back of curb is more than 1.5 m(5.0 ft),detectable warning surtaces shali be placed on the lower landing at the bacic of curb. Advisory R306.2.1 perpendicular Curb Ramp�. Detectable warning surtaces are intended to pro�ide a tactile equivalent untlerfoot of the'visibie curb line. if detectabie waming surfaaes are piaced too far fram the curb line because of a large curb radius,the ' locatian may compromise effective crossing. Detectable warning surfaces sh+�uld not bs piaced an paving or expansion join#s. The rows of truncated domes in dete�table v+raming surtaces should be aligned perpendicular to the grade break between the ramp run and the street so pedestrians who use wheelchairs can"track"between the dornes. Where deteci�ble waming surtaces are provided on a surtace w�h a slope that is less#han 5 percent, dome orientatian is less criticai. Both end�a1 the battom gr�de breelc are 1e�9 than 1.5 m{5.0 itJ fram back of cwb. One or dath ends of tbe � baitcm ptade break are ' gr8afer than 1.5 m(5.Q ft) � from i�ec�c of cuib. � Flgure R305.2.1 Perpendicutar Curb Ramp� 86 i � i � publiC RIphL�-of•Way ACCessibilify Guit�li�res R306.2.2 Parallel Curb Ramps. On parailel curb ramps,detectable waming surfaces shail be placed on the tuming space at the flush transition between the street and sidewaik. � 0�0�0�0�6�O�D�O � � � o°o°a°o°o°o°o°o o°o°o°o.°o°o°o°o a°o°o°o°oE'o°o°o Detectable Warning located at the back of curb. Figure R305.2.2 Rarailei Curb Ramps R305.2.3 Btended Transltions. On blended transitions, detectable waming surfaces shall be placed at the back of curb. Where raised �destrian street crossings, depressed comers, or other level pedestrian street crossings are provided,detectable waming surfaces shall be placed at the flush transition between the street and the sidewalk. o°o°o°o°Q°o°o°o°o° a o o a o 0 0 0 0 oflo°o°o�o�oaa°o�o° . o 0 0 0 0 0 0 0 0 � �. Detectabie W rning Iocated alang the enti e transition. � f � 4�Raised Crossing Figure R305.2.3 Blended Transitions 87 ? _ Pubiic Rlghls-of-Way Accaessibility Guidelines:CHAPTER R8:TECHNICAL REQUIREMENTS } R306.2.4 Pedestrian Refuge Isiands. At cut-through pedestrian refuge islands,detectable warning surtaces shali be placed at the edges of the pedestrian island and shail be separated by a 610 mm (2.0 ft}minimum length of surtace without detectable wamings. Advisory R305.2.4 Pedestrlan Refuge Islands. The edges<of cut-through pedestrian refuge islands can provide useful cues to the direction of the crossing, j a �. �� 1�' � �� 4 � � 5 r--� � c E� I I i i � � QN I I j � i i T +� � � L--J � i! � , �� 1.5 m min 5.4 R Figure R305.2.4 ' Pedestrian Refuge tslands R305.2.5 Pedestrian At-Grade Rail Crossings. At pedestrian at-grade raii crossings not located w�hin a street or highway,detectable waming surfaces shall be placed on each side of the rail crassing. The edge of the detectable warning surface nearest the raii crossing shall be 1.8 m(8.0 ft} minimum and 4.6 m(15.0 ft) maximum from the cente�line of the nearest rail. Where pedestrian gates are provided,detectable waming surfaces shall be placed on the side of the gates opposite the raii. 88 \ Public Rtghts-of-Way Accassibiiity Ciuklelines � T `' '� � Pedestrian �� Ga#e i r'' �: F 1.8m -d.6m � 61t-i5ft � i °e I a°o a°�°a "n°^i ti: o°aoa°op . . o°o°a� °o°y000 � � Flgure R305.2.5 Pedestrian At-Grade Rail Crossings R305.2.6 Boarding Piatforms. At boarding platforms far buses and rail vehicles, detectable warning surfaces shali be placed at the boarding edge af the platform. R305.2.7 Boarding and Ali�hting Areas. At boarding and al�hting areas at sidewalk or street ' level transit stops for rail vehicles,detectable warning surfaces shall be placed at the side of the ' boarding and alighting area facing the rail vehicles. R306 Pedestrian Street Crossings R306.1 General. Pedestrian street crassings shall comply wi#h R306. , R306.2 Pedestrtan Stgnai Phase Timing. All pedestrian signal phase timing shall comply with section 4E.06 of the MUTCD(incorporated by reference, see R104.2}and shall be based on a pedestrian clearance time that is calculated using a pedestrian walking speed of 1.1 mis(3.5 ff/s}or less. 89 Pubtic Wgtrta�f-Way Accesslbitity Guldeli�8:CHAPTER R3:TECMNICAL REQUIREMENT$ R306.3 Roundabouis. VNhere pedestrian facilities are provided at rQUndabouts,they shall comply with R306.3. A�lvtsory R3t16.3 Roundabouts, Pedestrian street crossings at roundabouts can be dif�icult for pedestrians wht�are biind or have low visian#o identify because the crossings � are loca�d ot�to the side of the pedestrian cireulation path araund the street or highway. The€�ntinuous traffic flow at roundabouts removes many af#he audibie cues that pedestrians who are blind,use to navigate pedestrian street crossings. VYater fountains and other features that produae background naise shoufd not be placed in the middle island of a , roundabout because pedestrians who are blind use auditory cues#a help detect gaps in tr�c. Multi-lane pedes#Han sireet crossings at roundabouis involve an increased r�sk of pedestnan exposure to accident, R3Q6.3.1 Separation. Where sidewaJks are flush against the curb and pedestrian street crossing is nat i�ntended, a continuous and detectabte edge treatment sha11 be provided along the street side of the sidewalk. Detectable waming surfaces shall not be used for edge treatment. Where chains, ' fencing, or railings are used for edge treatment,they shali have a bottom edge 380 mm(15 in) maximum above the sidewalk. Advisory R306.3.1 Separatian. Car�;fully delineated pedestrian street crossing apprvaches with plantings or ott�er defined edges provide efi�ective npn-visual cues for identifying pedestrian street crossings at roundabouts. Euro�an and Aastralian roundabouts pravide a 610 mm(24 inch)width of tactile surface#reatment from the cente�line of the curb ramp or blended#ransition across the fufl width of the sidewalk ta prorride an underfoot�cue'for identifying pedestrian street crossings. Detectable warning surtaces should not be used to guide pedestr�ans who are blind or have iow vision to pedestrian street crossings because detectabfe warning surfaces indicate the flush transitian between the sidewalk and the street ar highway. Schemes that remoue cyclists from the street or highway by means af a ramp that angles from the curb lane ta the sidewalk and'then provide re-entry by means of a similar ramp'beyond pedestrian s#reet ' crossings can provide false cues to pedestnans who are using�e edge of the sidewalk for wa�nding abaut the locafion of pedestrian street crossings:: R30&.3.2 Pedestrian Activated Signals. At roundabouts with rnulti-lane pedestrian street crossings, a pedestrian activated signal complying with R209 shall be provided for each multi-lane segment of each pedes#rian street crassing,including the splitter island. Signals shall clearly identifjr which pedestrian street crassing segment the signal serves. 80 i I Public Rlghts-oi Way Acc�sl4ility Guldelinss Advisory R3�8.3.2 PedestMan Activated Signals. Raundabouts with single=lane approach and exit legs are not requirec!to provide pedestrian acti�vated signals. Pedestrian activated signals must comply with the requirements for accessible pedestrian signais and pedestrian pushbuttons(see R2�9)_ Petlestrian activated signals ins#al(�!at spiitter islands shou(d be carefully iacated'and separated so that signal spillover daes not;give conflicting d information about which pedesfrian street crossing has the WALK indica#ion disptayed. Pedestrian Hybrrd Beacc�ns can be used at roundabouts(see MUTCD sections 4F.01 through 4F.03). Pe�iestrian Hybrid Beac+�ns are traffic signals that consist af a yellaw signal eentered below twc�horizant�lly aligned ted signais. The s9gnals are normalCy not iUuminateti, The signals are initiated only upon pedestrian activation and'can be timed ta minimi�e the interruption of traffic. The signats cease operation after the pedestrian ciears the crnsswalk. When activated by a pedestnan,the fatlowing signals are displayed to drivers: a flashing yellow signal,then a steady yellow signal,then twa steady red signals during the pedestrian walk interval, and then altemsting flashing ced signals during the pedes#rian clearance infenral. The following signals are displayed ta pedestrians: a steady uprarsed hand(symbolizing DON'T WALK}when the flashing or steady yellow signal is operating,then a walking person(symbolizing WALK)when the steady re�!signals are operating, and then a flashing upraised hand(symbalizing DON'T WALK)whenthe aftern$ting flashing red signafs are operating, R306.4 Channelized Turn Lanes at Raundabouts. At roundaboufs with pedestrian street erossings, pedestrian activated signals complying with R209 shall be pravided at pedestrian stre�t crossings at multi-lane channelized turn lanes. R30G.6 Channelized Turn Lanes at Other Signalized lntersections. At signalized intersections other ! than roundabouts with pedestrian street crossings, pedestrian activated signals complying with R209 shall be provided at pedestrian street crossings at multi-lane channelized tum lanes. R307 Accessible Pedestrlan Stgnals and Pedestrian Pushbuttons{See R209} R308 Transit Stop�and Transit Shelters R308.7 Transit Stops. Transit stops shail comply with R3Q8.1. Advisory R308.1 Transft Sto�. Transit stops should be located so#hat there is a level and stable surtace far boarding v�hicles. Locatir�transi#stops at signalized intersections ina�eases the usabiliiy far pedestrian with disabilities. Where security bollards are instslied at transit stops,they must nat obstruct the clear space at boarding snd alighting areas or , reduce the requi�ed clear width at pedestnan access routes(see R21 a}; ' R308.'1.1 Boarding and Alighting Areas. Boarding and alighting areas at sidewalk ar street level tra�sit stops shalf camply with R308.1.1 and R308.1.3. Where transit stops serve vehicles with more than ane car, boarding and alighting areas serving each car shall comply with R308.1.1 and R308.1.3. 91 E PuMlt Rights-of-Way Acagsssibflity Guldeiines:CHAPTER R3:TECHNICAL REQUIREMENTS Advisary R308.1.7'Boarding and Alighting Areas. Where a transit shetter is provided, ' the boarding and alighting,area can be located either within or outside of the shelter. R308.1.1.1 D�mensions. Boarding and alighting areas shal!provide a clear tength af 2.4 m{8.0 ft)minimum, measured perpendicular to the curb or street or highway edge, and a ciear width of � 1.5 m (5.0 ft)minimum, measured paralle!to the street or highway. 1.5 m min s.�� F-------1 � � i I i I � ' I I � � i ! � o I I ,� � j � N CUI'b 0�V@hiC�@ � � �roadway edge � L _-----: � � ' I � 1 i � �1 �i r"� . _ _.. . . _ i Figure R308.1.1.1 ; Dimensions R808.1.9.2 Grade. Parallel to the street or highway, the grade af boarding and aiighting areas shall be the same as the street or highway, to the extent practicabis. Perpendicular to the street or highway,the grade of boarding and alighting areas shall not be steeper than 2 percent. R308.1.2 Baarding Platforms. Boarding piatforms at transit stops shali campty with R308.1.2 and R308.1.3. R308.9.2.1 Piatform and Vehicle Floar Coordination. Boarding platfo�ms shall be positianed to coordinate with vehicles in accordance with the applicable requirements in 49 CFR parts 37 and 38. Advisory R$08.1.2,7 Ptaiform and Vehicle Fioor Coordination. The Depa�tment of 7ransportation regulations(49 CFR parts 37 and 38) require the height of the vehicle flaor and the station platfarm to be coordinated so as to minimize the vertieai and horizon#al gaps. 92 ; � � Pubitc Rtyhts-of-Way Accessibi8ty Ciuideilnas R308,1.2.2 Slape. Boarding piatForms shall not exceed a slope of 2 percent in any direction. Where boarding platfarms serve vehicles operating on existing track or existing street ar highway,the slope of the platForm parailel to the track or the street ar highway is permitted to be equai to the grade of the track or street ar highway. u R308.1.3 Common Requirements. Boarding and alighting areas and boarding plaiforms shall comply with R348.1.3. R308.1.5.1 Surtaces, The surtaces of boarding and alighting areas and baarding platforms shali camply with R302.7. Advis�ry R308.i.3.1 Surfaces, Detectable waming'surfaces are required at boarding and alighting areas far raii vehic{es and at boarding platforms for buses and rail vehicles(see R20$). R308.1.3.2 Cannectlon. Boarding and alighting areas and boarding piatforms shail be connected to streets, sidewalks, or pedestrian circulation paths by pedestrian access routes compJying with R302. �---� I I bu8 ' ��———--� shelter I � � � ! boarding I I f i I �—_=�---�------- { 8nd I � - ia!' hti i-------J � . � � � � + t erea I pedastrian j curb or vehida roadvray � � acxesaible rouie � � � � I �_____.___,___ J � � . ----- � '�' Q � ' � � � � � � r. ■ � �... Flgure R308.1.3.2 Connection R308.2 Transit Shelters. Transit shelters sha11 be connected by pedestrian access routes complying with R302 to boarding and alighting areas or boarding plaifarms complying with R308.1. Transit shelters 93 l ; Public RIgMs-of-Way AccessibNity(iuldsiines:CHAPTER RS:TECHNICAL REQUIREMENTS i shall provide a minimum clear space carnpiying with R404 entirely within the shelter. Where seating is pravided within transit shelte�s,the clear space shall be located either at one end of a seat or shall not overlap the area within 460 mm{1.5 ft)from the front edge af the seat. Environmental contrals within transit shefters shall be proximity-actuated. Protruding abjects within transit shelters shali comply with R402. l4dvisary R308.2 Transit Shetters, The c(ear space must be located entirely within the ' #ransit shetter and not interfere with other persans using the seating.; R309 On-Street Parking Spaces R309.1 Generaf. C?n-street parking spaces shali comply with R3Q9. Advisary R309.1 General. R214�spec�ies how many accessible pa�lcing spaces must be pravided on the block perimeter where on-street parking is rnarked or metered: Accessible parking spaces must be identfied by signs displaying#he International Symbol af Accessibility(see R211.3 and R491). Accessible parking spaces shouid be located where the street has the least crown and grade and close to key destinations. Y R309.2 Parallel Parking Spaces. Parallel pa�king spaces shall comply with R309.2. Advlsory R309.2 Parallel Parking Spaces. The sidewalk adjacent to accsssible pafallel parking spaces should be iree o#signs,;street fumiture, and other obstructions to permit deployment of a van side-lift or ramp or the vehicle occupant to transfer tr�a wheelchair or scoofec Accessible parallel parking spaces Iocated af the end of the block face are usable by vans thaYhave rear lifts and cars that have scooter platfarrns� R309.2.1 Wide Stdewalks. Where the width of the adjacent sidewalk or available right-of-way exce�ds 4.3 m(14.0 ft}, an access aisle 1.5 m (5.fl ft)wide minimum shall be provided at street leve! the full length of the parking space and shall connect to a pedestrian access raute. The access aisle shall comply with R302.7 and shall not encroach on the vehicular travel lane. ', Ativisory R309.2:1 Wide Sidewalks. Vehicles may park at the curb or at#he parking tane bountlary and use the space required by R30S.2:1 on either the driver or passenger side of the vehicle to seroe as the access'aisle: 94 i PubBc Rlght&oi Way Acc�siblifty(3ufdelin� -� � � I E� .�. .� �"'j� .+ � ' . . .'. AI e.�� ` a ��eaa % , i i °�,o<:.� i b0 0- J/ �/ /�/// \ +`•�.�♦ � Face of c�xb �d g E '� N . I'W{�$ �„� aisle �a Fuli lenglts of parai�l parking space Figure R309.2.1 YVide Sidewalks R309.2.1.1 Aiterations. In alterations where the street or sidewaik adjacent ta the parking spaces is not al#ered, an access aisle shall not be required provided the parking spaces are located at the end of the block face. ' R309.2.2 Narrow Sidewalks. An access aisle is not required where the width of the adjacent sidewalk or the available r�ght of-way is less than or equal ta 4.3 m(14.0 ft). When an access aisle is not pravided, the parking spaces shaA be incated at the end af the block face. Advisory R309.2.2 Nar�ow Sidewalks. Vehicle lifts or ramps can be deployed on a 2.4 m (8.0 ft)sidewalk if there,are no obstructions. 95 Pubtic Rights-af Way Accasslblllty GuPdeltn�a:CNAPTER R3:TECHNICAL REQUIREMENT3 � � � j (; i -.A, ��: ��. E . � f� � �� w� ' •_• ' —..... ��o n Len h of atkf s ace Figure R308.2.2 Narrow Sidewalks R309.3 Perpendicular or Angied Parking Spaces. Where perpendicular or angied parking is ' provided, an access aisle 2.4 m (8.0 ft)wide minimum shaif be provided at street level the full length of the parking space and shalt connect to a pedestrian acoess route. 7he access a�sle shal!compty wrth R302.7 and shali be marfced so as to discourage parking in the access aisle. Two parking spaces are ' permitted to share a common acc+ess aisle. Advisary R309.8 Perpendicular or Angled Parking Spaces. Perpendicular and angled parking spaces permit the deployment of a van side-lift or ramp. 96 � Pubtic Rights-of-Way Accessibiltty Guideiln� � l {�Mi� _�!//yJ} �� ..�\� \� ;•' .,/ � \ . .�. . . �•,:'\ \ � � � � �'\ ; \ �\ � a �� ,.�� , �,�. �� , �� \ � �\� ��-�: '�: .� ,.::.. ..:::�`, r �, �� ,;;:i''� �- \\:. . ;' � � .... �.� � 2.4 m min ` 8.4 ft Figure R309.3 Perpendicular or Angled Parking Spaces R309.4 Curb Ramps or Blended Transitions. Curb ramps or blended transitions compiying with R304 , shall connect the access aisle to the pedestrian access route. Curb ramps shail not be lacated within the ' access aisie. Adv�sory R309.4 Curb Ramp�ar8lended Transitions. At parallel parking spaces,curb rarnps�nd blended transifions should be located so that a van side-lift or ramp can be depiayed to the sidewalk and the vehicle occupant can transfer to a wheelchair or scaater. Parking spaoes at the end af the block face can be senred by cu�b ramps or blended trans'rtions at the pedestrian s#�eet crr�ssing. Detectable warning sutfaces are not required on curb rarnp�and blended transitions that connect the access aisle to the sidewalk, inctuding where the sid�walk is at the same level as the parking spaces, unless the curb ramps and blended transitions aiso serve pedestrian street crvssings(see R208}. R309.6 Parking Meters and Parktng Pay Stations. Parking meters and parking pay stations that senre accessible parking spaces shall comply with R309.5. Operable parts shafi comply with R403. R309.5.1 Location. At accessible parallel parking spaces, parking meters shali be located at the '; head or foot of the parking space. AdYisory R309.5.1 Location. Locating parking meters at the head or foot of the parking space permits deployment of a van side-IiR or ramp or the vehicie occupant to transfer to a wheelchair ar scooter. 97 Publlc Rights-of-Wuy Accessibitity Ciuidelinea:CHAPTER R3:TECHNICAL REQUIREMENT3 R309.5.2 Dispiays and Informatian. Displays and information shail be visible from a paint located 1 A m(3.3 ft) maximum above the center of the clear space in frant of the parking meter or parking pay station. R310 Passenger Loading Zones R310.1 General. Passenger loading zones shall comply with R310. Advisory R310.� General. Accessibis passenger loading zones must be identified by signs displaying the Internationa!Symbol of Accessibility(see R211.3 and R411). � R310.2 Vehicle Pull-Up Space. Passenger laading zones shall provide a vehicular pull-up space 2.4 m (8.0 ft}wide minimum and 6.1 m(20.0 ftj long minimum. R310.3 Access Aisle. Passenger loading zanes shall provide access aisles comptying with R390.3 adjacent ta the vehicle pull-up space. Access aisies shail be at the same level as the vehicie pull-up space they senre and shall not overiap the vehicular travei lane. Curb ram�or blended transitions camprying with R304 shall connect the access aisle to the pedestrian access route. Curb ramps are not permitted within the access aisle. fuA lergth of � vehicls pup-up space �E ,� curb Nne � � ..................................................................................................... � � ' ...................�o................................... area to be marked �� Figure R310.3 Access Aisle R310.3.1 Width. Access aisies serving vehicle puli-up spaces shall be 1.5 m(5.0 ft)wide minimum. R310.3.2 Length. Access aistes shal!extend the full fength af the vehicle puN-up spaces they serve. R310.3.3 Marking. Access aisles shall be marked so as to discourage parking in them. R310.3.4 Surtaces. Access aisle surtaces shall comply with R302.7. 98 Putrltc Rigbts-of-Way Acc�sibpity Guldslinss CHAPTER R4: SUPPLEMENTARY TECHNICAL REQUtREMENTS R401 General R401.1 Scape. The supplemental technical requirements in Chapter 4 shali apply where required by Chapter 2 or where referenced by a requirement in this document. R402 Protruding Objects ` R4Q2.1 General. Protruding objects shalf comply with R402. R402.2 Pratrusion Llmits. Objects with leading edges more than 685 mm{2.25 ft)and not more than 2 m(6.7 ft)above the finish surtace shal! protrude 100 mm(4 in) maximum horizontally into pedestrian circulation paths. $ � 100 max � a � . . L. . _ ._ . . —,� 1 � r � ! j � EC � �� n�� } �— � � X k a�a �I N � r I�... X; � ( .�- �. Pigure R402.2 Pratrusion Limits R402.3 Post-Mounted Objecis. Where objects are mounted on free-standing pasts or pyions and the objects are 685 mm(2.25 ft}minimum and 2030 mm (6.7 ft) maximum above the finish sur#acs, #he objects shali overhang pedestrian circulation paths 100 mm{4 in)maximum measured horizontaliy from the post or pylon base. The base dimension shall be 64 mm(2.5 in}thick minimum. Where objects are mounted between pasts or pylons and the clear distance beiween the posts or pylons is greater than 305 mm (1.0 ft},the lowest edge of the object shall be 685 mm (2.25 ft) maximum or 2 m (6.7 ft) minimum above the finish surtace. ' 99 Public Rlghts-of-Way Ace�ssibility Guideilnsa:CHAPTER R4:SUPPLEMENTARY TECHNICAL REQUIREMENTS -r----r� f f ,�' i � � � { !� �x, ;�� '}"'��f��-�-�r- .� � F �� b �C>305 E � E �� z E� i N s � 1�0 fC18X rv N � 4 ♦ �7 �. ao � H to �U�max 1U0 mex X�� O 4 • �� 12 � �8� (5� (G� � Figure R402.3 Post-Maunted Objects ' R402.4 Reduced Verticai Ciearance. Guardrails or other barriers to pedes�ian travel shali be provided where the verticai clearance is less than 2 m(6.7 ft) high. The leading edge of the guardrail a�ba�rier shall be Iocated 685 mm(2.25 ft)maximurn above the flnish surtace. � � � � � � � � ! � ; � � ) x �. ; � � v`$ � � x ` � � � I � � __ . ! . - , Figure R402.4 Reduced Vertical Clearance R40S Operable Parts R403.1 General. Operable parts shalt comply with R403. Advisory R403.1 Generai. Operabie parts on acxessibis pedestrian signals and pedest�ian pushbuttons{see R209)and parking meters and parking pay station�that serve acxessible parking spaces(see R3{�9.5)rnust cornpiy with R403. 100 � E Public Rights-oi-Way Acaasslbtlity Guidetines R403.2 Clear Space. A ciear space complying with R404 shali be provided at operable parts. R403.3 Height. Operabie parts shall be piaced within one or more of the reach ranges specified in R406. R403.4 Operation. Operable parts shaU be operable with ane hand and shall not require tight grasping, pinching, or iwisting of the wrist. The force required to activate operable parts shall be 22 N(5 Ibs) maximum. R404 Clear Spaces R404.1 General. Clear spaces shall comply with R404. Advisary R404.1 Generai: Clear spaces are required at operable parts(sea R403.2}, ' including accessible pedestrian signais and pedestrian pushbuttons(see R209}and parking meters and parkrng pay stativns that serve ac�essible parking spaces{see R389:5). C1ear spaces are also r�uir�at benches(see R212,6)and within transit shelters(see R3Q8.2). R444.2 SurFaces. Surfaces of clear spaces shall comply with R302.7 and shali have a running slope consistent with the grade of the adjacent pedestrian access route and cross s!o{�of 2 percent maximum. � R404.3 Size. Clear spaces shal!be 760 mrn(2.5 ft)minimum by 1220 mm (4.0 ft} rninimum. R404.4 Knee and Toe Clearance. Unless otherwise specified, clear spaces shali be permitted to include knee and toe clearance complying with R405. R404.6.Position. Unless otherwise specified,clear spaces shall be positioned for either forward or parallel approach ta an element. R404.6 Approach. One full unobstructed side of a clear space shall adjoin a pedestrian access route or adjoin another clear space. R404.7 Maneuvefing Space. Where a clear space is confined an all or part af three sides, additional maneuvering space shall be provided in accordance with R404.7.1 and R404.7.2. R+404.7.1 Forvvard Approach. The clear space and additional manewering space shall 1�915 mm (3.0 ft)wide minimum where the depth exceeds 610 mm (2.0 ft). R404.7.2 ParaNel Appraach. The ctear space and additional maneuvering space shatl be 1525 mm (5.Q ft)wide minimum where the depth exceeds 380 mm (1.25 ft). R405 Knee and Toe Clearance R405.1 General. Where space beneath an element is included as part of a clear space,the space shatt comply with R405. Additional space shall not be prohibited txneath an element but shall not be considered as part of the clsar spac�. , 101 PubBC Rights•of-Way AccesstWllly Guldelinea:CHAPTER R4:SUPPLEMENTARY TECHNIGAL REQUIREMENT8 Advisory R405.1 General. Clearances are measurec! in relation to the usable clear space, ` not necessarily to the vertical supportfar an elernent. When determining clearance under an object, care shauitl be taken to ensure that the space is clear of any obstructions. i � R406.2 Tae Ciearanae � R4�5.2.1 General. Space under an eiement between the finish surface and 23Q mm{9 in)above the finish surtace shall be considered toe clearance and shall comply with R405.2. R405.2.2 AAaximum Depth. Toe clearance shal!e�ctend 635 mm{2.1 ft} maximum under an element. R40b.2.3 Minimum Requlred Depth. 1Nhere toe ciearance is required at an element as part of a ciear space,the tae ciearance shali extend 430 mm(1.4 ft) minimum under the element. R405.2.4 Width. Toe ciearance shail be 760 mm (2.5 ft)wide minimum. �.._ ; _.._..----_.. ... �, -� � � �� ! ; ,� 230 � ,� � �� r � 8 j �I ._� � � - � � � • T.M f ��fi 150 max 43Q-835 '� _ _.g . _ _i� zs . {a) (b) elevatlon p3an Figure R405.2 T�Ciearance R405.3 Knee Clearance R405.3.1 General. Space under an element befinreen 230 mm(9 in)and S85 mm{2.25 ft)above the finish surtace shall be considered knee clearance and shall comply with R405.3. R405.3.2 Maximum Depth. Knee clearance shal!extend 635 mm(2.1 ft) maximum under an element at 230 mm {9 in)above the finish surtace. R405.3.3 Minimum Requlred Depth. Where knee clearance is required under an element as part of a ciear space,the knee clearance shaB be 280 mm(11 in)deep minimum at 230 mm (9 in)above the finish surface, and 205 mm (8 in)deep minimum at 685 mm(2.25 ft)above the finish surface. R405.3.4 Clearance Rsduction. Beiween 230 mm (9 in) and 686 mm(2.25 ft)above the finish surtace,the knee clearance shatl be permitted to red�ace at a rate of 25 mm{9 in}in depth for each 15Q mm(8 in) in height. 102 I Publlc Rlghts-of-Way Ace�ssibil3ty�auldelines R405.3.6 Width. Knee clearance sha!i be 760 mm(2.5 ft)wide minimum. 2U5 rnin — a � fi � �---�+ �--�---------------, !�' � c ; � � ' ' �I� � ��1 � � � ' ��h�� . 230 min � � � , , � . �—� � 9 � � �---------�. � 635 ma�c 280 min 25 ' �� a� �b� ' elevation plan ' Figure R�05.3 Knee Ciearance R406 Reach Ranges R4Q6.1 General. Reach ranges shali camply with R406. R406.2 Unabstructed Forward Reach. Where a forward reach is unobstructed,the high forward reach shall be 1220 mm(4.0 ft)►naximum and the low forward reach shall be 380 mm(1.25 ft}minimum above the finish surface. Forward reach over an obstruction is nat permitted. . c � , ..... .�'� � �o v +— p .r ' . 00 N •:s;�• ♦ M � . ` \ Figure R408.2 Unabstructed Forward Reach R406.3 Unabstructed Side Reach. Where a clear space allows a paraflel approach ta an element and the side reach is unobstructed,the high sid�reach sha8 be 1220 mm{4.0 ft)maximum and the low side reach shall be 380 mm(1.25 ft) minimum above the finish surface. An obstructian shail be permitted between the cfear spaae and the element where the depth of the obstruction is 255 mm(10 in) rnaximum. 103 Public Rights-of Way ACCesefbility Guidellnes:CHAPTER R4:SUPPLEMENTARY TECHNICAL REQUIREMENTS I t � t x � � o'� �; ' � " � a . c� .- ;-° , x', `, �,, , ,, � . , . 255 max �o Figure R406.3 ' Unabstructed Side Reach R407 Ramps R4Q7.1 General, Ramps shali comply with R407. Rd0T.2 Running Stope. Ramp runs shall have a running siope between 5 percent minimum and 8.3 percent maximum. Advisory R407.2 Runnfng Slop+a. Ramps with the least possible running stape accommoda#e the widest range of users. Providing stai►vvays along with ram'ps,where possible, benefits pedestrians wrth heart disease, limited stamina, and athers for whom distance presents a,grea#er barrier than s#eps. R40T.3 Cross Siope. The cross slo{�of ramp runs shali be 2 percent maximum. ' R407.4 Wicfth. The clear width of a ramp run and,where handrails are pravided,the clear width ' between handrails shall be 915 rnm (3.0 ft)minimum. R407.6 Rise. The rise for any ramp run shali be 76Q mm(2.5 ft) maximum. R407.6 Landings, Ramps shall have landings at the top and the bottom of each ramp run. Landings !, shail campfy with R407.8. R407.6.1 Slope. Landing slapes shali be 2 percent maximum in any direction. R407.6.2 Width. The landing clear width shall be at least as wide as the widest�amp run leading to the landing. R407.6.31.ength. The landing clear length shall be 1.5 m{5.0 ft)long minimum. 104 Public Rtghts-of-VYay Accessibiiity t3uldalinea R407.6.4 Change in Dlrection. Ramps that change direction beiween runs at landings shali have a clear landing 1.5 m(5.Q ft)rninimum by 1.5 m(5.0 ft)minimum. 1.5 m min 7.5 m min 't.5 m rr�n 5h � SR 5fl � landing ramp nm landing ramp run � un •� landing E � �n at laast as w3de as ramp nin T � a � � (�) (b) straight cttange in direciion Figure R4�7.6 Landings R407,7 Surfaces. Surtaces of ramp runs and landings shali comply with R302.7. R407.8 Handrails. Ramp runs with a rise greater than 154 mm(6 in)shall have handrails compiying with R409. R407.9 Edge Protection. Edge pratection complying with R407.9.1 or R407.9.2 shall be provided on each side of ramp runs and ramp landings. R407.9.1 Extended Ramp Surface. 't'he surface of the ramp run or landing shali extend 305 mrn (1.0 it) minimum beyond the inside face of a handrail complying with R409. Adviso�r R407.9.1 Extended Ramp Surface. The extended surtace prevents wheelchair casters and crutch tips from slipping offthe ramp surface. �as Publlc Rights-of Way Accessiblltty(3ufdelines:CHAPTER R4:SUPPIEII#ENTARY TECHNFCAL REQUIREMENTS � 3Q5 min II 305 min __. _ ._.___._..._._ 72 *� � ,�� 12 ; I . � i I Figure R407.9.1 � Extended Ramp Surtace R407.8.2 Curb or Barrfer. A curb ar barrier shaA be provided that prevents the passage of a 100 mm(4 in)diameter sphere,where any po�tion of the sphere is within 100 mm (4 in)of the finish surface. R408 Stairways R408.1 General. Stairmrays shal!comply with R4Q8. R408.2 Treads and Risers. All steps on a fligh#of stairs shall have uniform riser heights and uniform tread depths. Risers shall be 1Q0 mm (4 in} high minimum and 180 mm(7 in) high maximum. Treads sha!!be 280 mm(11 in)deep minimum. R408.3 Open Rlsers. Open risers are not permitted. R408.4 7read SurFace. Stairway treads shall comply with R302.7. Changes in level are not permitted. R408.5 Nasings. The radius af curvature at the leading edge af the tread shall be 13 mm(0.5 inch) maximum. Nosings that project beyand risers shall have the underside of the leading edge curved ar beveled. Risers shall be permitted ta slope under the tread at an angle of 30 degrees maximum from ' vertical. The pe�rnitted projection af the nosing shall extend 38 mm(1.5 in)maximum over the tread below. R408.6 Handrails. Stairways shatl have handrails cornptying with R409. R409 Handrails R409.1 General. Handrails required at ramps and stairways, and handrails provided on pedestrian circulation paths shall comply with R409. 146 ' ; Aubltc Rights-of-Way A+cc�sibliity tiuideilnes Advisory R409.1 General. Handraits are required on ramp runs with a rise greater than 150 mm(6 in}(see Ft407.8)arid Stairw�ys(see R408;6). Handraiis are not required an pedestr�an circuiati�n paths. However, ifi handraiis are provided on pedestrian circulation paths,the handrails must comply with R409(see R297j. The requirements in R409.2, R409.3, antl R4t39.1�apply oniy to handrails at ramps and staitvways, and da not apply ta handrails provided an pedestrian circulation paths. R409.2 Where Required. Handrails shall be provided on both sides of ramps and stairways. R409.3 Continuity. Handraiis shalt be continuous within the full length of each ramp run or stair flight. tnside handrails on switchback or dogteg ramps and stairways shall be corftinuous between ramp runs or stair flights. R409.4 Height. Top of gripping surfaces af handrails shall be 865 mm (2.8 ft)minimum and 965 mm (3.2 ft)maximum verticaliy above walking surfaces,ramp surFaces,and stair nosings. Handrails shafl be at a consistent height above walking surtaces, ramp surfaces, and stair nosings. � � �_---�-� � .,�. � � �,� �I� rn � aa �I� � � (a) (b) (�) ' stairs ramps walking surtaces ' Figure R409.4 Height R409.6 Clearance. Clearance beiween handraii gripping surfaces and adjacent surtaces shall be 38 ' mm (1.5 in)minimum. ' R409.6 Gripping Surtace. Handrail gripping surfaces shall be continuous alang their length and shall not be obstructed along their tops or sides. The bottoms af handrail gripping surfaces shall not be obstructed for more than 20 percent of their length. Where provided, horizontal projections shail accur 38 mm(1.5 in}minimum below the bottom of the handrail gripping surface. Advisory R409.6 Gripping Surtace. Pedestnans with tlisabilities and others benefit from confinuous gripping surfaces thaf permit users to reach the fingers aufinrard or dawnward to grasp the handrail. 10T Pub�ic Rights-of-Way Accesslbiitty Gutdefines:CHAP7ER R4:SUPPLEMENTARY TECHNICAL REQUlREMENT3 R409.7 Cross Section. Handrail gripping surtaces shail have a cross section campiying with R4Q9.7.1 � or R4Q8.7.2. Where expansion joints are necessary for large spans of handrails,the expansion joint is permitted to be smaller than the specifie�cross section diameters for a 25mm (1 in)tength. R409.7.1 Circular Cross Section. Handrail gripping surtaces with a circular cross section shail have an outside diameter of 32 rnm(1.�5 in) minimum and 51 mm(2 in)maximum. R409.7.2 Non-Circular Cross Sectipns. Handrail gripping surfaces with a non-circular crass section shall have a perimeter dimension of 100 mm(4 in}minimum and 160 mm(6.25 in)maximum, and a cross-section dimension of 57 mm(2.25 in}maximum. � 100-160 perimeter j / 48.2,''i � ^ .�` /��--_ ."-,-�.\ / ; ,,..�,_, �\ i � � � �c`�%�� _ 57 max ln�`,'�y.�' I 225 � �" 1\ 1 .,,,�� .� � � 1.�_�_ �� b� Figure R409.7.2 Non-Circular Cross Sections R409,8 Surfaces. Handrail gripping surfaces and any surfaces adjacent to them shall be free of sharp or abrasive elements and shall have rounded edges. R408.9 Fittings. Handrails shall not rata#e within their fittings. Where expansion join�are necessary for large spans of handrails, the expansion joint is permitted to ratate in its fitting. R409.10 Handraii Extensions. Nandrail gripping surtaces shall extend beyond and in the same direction of ramp runs and stair flights in accordance with R409.10. Extensions shall not be required far cantinuous handrails at the inside tum of switchback or dogleg ramps and stairways. !�alterations where handrait extensians would reduce the clear width required for pedestrian access routes, handrait extensions shall not be required. R408.10.1 Top and Bottam Extension at Ramps. Ramp handrails shall eutend horizontally abave the landing for 305 mm (1.0 ft}minimum beyond the top and battom of ramp runs. Extensions shall ' return ta a wall, guard, or the landing surface, or shall be continuous to the handrail of an adjacent ramp run. 108 i Public Rights-af•IAtay Accasslb111Ey Guidelines 305 min _. 1z____ , 305 min I�i� * _�; �_. _�,�: ��-- =,�� .(�� ,� �__.�� ! __-..---- ---�I --�. - Figure R409.10.1 Top and Bottam Extension at Ramps R409.10.2 Tap Extension at Stairways. At the top af a stair flight, handrails shali extend horizontally above the landing for 305 mm(1.Q ft) minimum beginning directiy above the first riser nosing. Extensions shali retum to a waii,guard, or the landing surface, ar shali k�continuaus to the handrail of an adjacent stair flight. 305 min . 12 `� � �� __ _,• . � �� f j l� �� i � I+ � f i' I � I Figure R408.10.2 Top Extensian at Stairways R409.10.3 Bottom Extensian at Stairways. At the battom of a stair fl'rght, handraiis shall extend at the siope of the stair flight for a horizontai distance at least equal ta one tread depth beyond the last ' riser nosing. Extensions shail retum to a wall, guard, or the landing surface, or shall be continuous to the handrail of an adjacent stair flight. 109 ' Public Rights-of-Way Accessibtlity 6uidalines:CHAPTER R4:SUPPLEMENTARY TECHNICAL REQUtREMENTS } X f . X . � � Note:X=tread depth Figure R409.10.3 Bottom Extension at Stairways R410 Visual Characters on Signs R410.1 General. Visuai characters an signs shall comply with R410. R410.2 Finish and Contrast. Characters and their backgraund shafl have a non-glare finish. Characters shall contrast with their background with either light characters on a dark backg�ound or dark characters on a light background. Advisory R410.2 Finish and Contrast. Signs are more legible for pedestrians with low vision when characters cat�tras#as much as passibfe with their background, Add'rtional factors affectting the ease with which�e text can be distinguished from its background' include shadows cast by lighting sourc�sf surface glare,�nd the unifarmity af the text and its background colors and#extures. R49�.3 Case. Characters shall be uppercase or lawercase or a cornbination af both. R410.4 Style. Characters shail be conven#ional in farm. Characters shali not be italic, oblique, script, highly decorative, or of other unusual farms. R410.5 Character Proportiana. Characters shall be selected from fonts where the width of the uppercase letter"0"is 55 percent minimum and 110 percent rnaximum of the height of the uppercase letter"I". R410.6 Character Height. Minimum character height shall comply w�h Table R410.2.5. �ewing dis#ance shall be measured as the horizontal distance between the character and an abstruction preventirtg further approach towards the sign. Character height shall be based on the uppercase letter ,t�,�, 110 E � 1 { Publlc Rlghts-of-Way Accessfbility Ciuldelines i 1 Table R410.6�sual Character Height Helght to Finish Surface fram Horizontal Viewing Distance Minimum Character Helght Baseilne of Character 1.0 m{3.3 ft)to less than or Less than 1.8 m(6.0 ft) 16 mm{0.625 in) equai to 1.8 m(5.8 ft) 1.8 m (6.0 ft)and greater 16 mm(�.825 in), plus 3.2 mm � (0.125 in) per 0.3 m(1.0 ft)of � viewing distance above 1.8 rn (6.0 ft) Greater than 1.8 m(5.8 ft)to Less than 4.6 m (15.0 f#) 51 mm (2 in) ; less than or equal to 4.6 m 15.0 ft and reater 16 mm(0.625 in , plus 3.2 mm 3.4m (10.Oft} { ) � � {0.125 in) per 0.3 m(1.0 ft)of viewing distance above 1.8 m {6.p ft) Greater than 3A m{1Q.0 ft) Less than 6.4 m(21.0 ft) 75 mm{3 in} 6.4 m(21.0 ft)and greater 75 mm (3 in), plus 3.2 mm (0.125 in)per 0.3 m(1.0 ft)of viewing distance above 6.4 m (21.0 ft) R410.7 He�ght from Finish Surt'ace. �sual characters shall be 1.p m(3.25 ft)minimum above the finish surface. R41d.8 Stroke Thlckness. Stroke thickness of the uppercase letter"I"shali be 10 percent minimum and 30 percent maximum of the height of the charactec R410.S Character Spacing. Character spacing shall be measured between the two ciosest points of ' adjacent characters,excluding ward spaces. Spacing between individual characters shatl be 10 percent minimum and 35 percent maximum af character height. R410.10 Line Spacing. Spacing between the baselines af separate lines of characters within a message shall be 135 percent minimum and 170 percent maximum of the character height. R411 International Symbol of Accessibility. The Internationai Symbol of Accessibility sha8 comply with Figure 411. The symbol and its background shall have a non-glare finish. The symboi shall contrast with its background with either a light symbo! on a dark background or a dark symbol on a light background. 111 k 3 Pubiic Rights-of•Way Acc�ssibllMy Guidetlnes:GHaPTER R4:SUPPLEMENTARY 7ECHNICAL REQUIREINENTS ' � � , ; ! Figure R471 Internatiflnal Symbol of Accessibility 1'[2 G. ��-.: o�m� e Public Works � � 763-593-8030/763-593-3988(fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. N. Authorize Contract with Stantec, Inc. for Professional Services for Development of the City's 2011 Streetscape Asset Management Plan Prepared By Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator Summary The 2011-2015 Capital Improvement Program (CIP) includes $60,000 funding (S-018, page 87) to perform an infrastructure assessment and develop a long-range, cost-effective plan for repair and replacement of streetscape and landscape elements within the Golden Valley downtown and City Hall campus areas. The CIP also includes $75,000 per year funding for years 2012 through 2015 for implementation of the improvements that are identified in the plan. The streetscape includes Winnetka Avenue from TH 55 to 10th Avenue North, Golden Valley Road from just west of Wisconsin to Rhode Island Avenue North, Rhode Island Avenue from TH 55 to Golden Valley Road as well as the City Hall campus area. The plan will identify deficiencies in the existing facilities, provide recommendations for repair and replacements, identify opportunities for improvements to pedestrian movements through the corridor as well as opportunities for water quality improvements. The plan will also provide an approved materials list for replacements and repairs of existing facilities. Staff has received a proposal from Stantec, Inc. (formerly Bonestroo, Inc.) to perform the study, analysis and develop the 2011 Streetscape Asset Management Plan. A copy of the proposal has been attached for Council consideration. Attachments City Streetscape Project Location Map (1 page) Professional Services Proposal from Stantec, Inc. for the Analysis of Streetscape and Pedestrian Improvements to City Hall Campus (12 pages) Recommended Action Motion to authorize agreement for professional services with Stantec, Inc. for development of the City's 2011 Streetscape Asset Management Plan in the estimated amount of $60,570. �-_ � ; ,._ _ ,,�_ � � / � , �� -.,., , prk °�-- � apr = — � r- V y � - 1 pth __ Ave N 0 z a� _ _ a ' � ; _ w' _ Z � � y , i > � a � ° c o - !'y t % � � _ __ O � _ c� � l�as�'e�t re e� � oo � FZ � o � Q �la��e � ' r V U ) � Go�de ( � --- - ' �L� c i�_C � c � 5 �ti: �` �� o � �frs.�{ ,�,``\ . :�. �so� .� Memor�a'y � wY � � � �,��,�. � ,�� `�� H � Wy 5 � _ 4 N ____._ _. ____.._ -� _ Print Date:12/6/2011 City Streetscape �U,�es e � �� Hennepin County Surveyors Office for Property Lines(2011). ��O��i Markhurd for2-Foot Contours(2008). L 0 175 350 700 Feet �f-�--" �»Y:-5 .�' `�.,-��`�� 3 S' � ��`,�` '�'�^w� � ��• � Y� � �� n ' R �'� `Y � .. :`� � �-.� ` .�. 201 � Stre�tsca e �_x�� - �� .� � �� . �: � Asset M�n� em n �� e t �� ..� :�� ,�� g � ; � � � �� s'S ��`'``,�°+��.. ._.� .: �a,�,��a'-�..�. Plan � �� s� � r � � ,`"�' � ,+;��,��,�� . s'�i r�v,�,,s,+� � � � � � m� � � � ��= �� ..� ��NY;., ` ��: �� ,r� � :� �m � � _ � � � � �� , ,� � � � tt� ��.; � ,: ��, _____w�____ww_�_______�� e � � � .�� _�. �.._ � ��.. ��-"� � � �j �� r � � t �? P r P.S$Ct t E,'C� t O: � k�` � `�'��,,, ��: ��:::' Ron Nims =��q � Public Works Project Coordinator `� �� City Hall � � � �-�.:� �� 78a0 Golden Valley Road ��` � `#£q � .� Goiden Vailey, Minnesota 55427-4588 ��`� �r� �� ,.s ,. , ��.� � � By: �" � Stant�c,form�rly Bonestroo �� ` � � " � �� ,R,�� - �� 2335 Highway 36 West `�� S#. Paul, MN 55113 � • � � K�� a � .:� �� ' Phone: 651-636-4600 : � �� Fax: 651-636-1311 �� °� � � : x�,.: Website: www.stantec.com �� ;� � �� .��: �,�., Contact Person: � =` ' � t. ,� : � ��.�� Mark A. Hanson, PE �� "�� Principal-ln-Charge °�� '�� .` Direct Phone:651-604-4838 � � �� E-mail: mark.hansan stantec.com � ; �� '� � � -#��. ��.�x` ` x �� Y�..y �ff.� �" �5,k�i��. � C}ecember 13, 2{�11 '�� .� � �: � ��.. ��_ � �= �� ; �: �' , . � �gA u � �� f S �� t _ �' ?-:z F �' .�.:. '.�'g ' .•�.� :�-,,,,,,.f' �£. .,.'. �..-^ ,� ,�' �,� �� .� � :. i i.S. :q` r �. 3-"" �'4. `3' :i'! { �::'i^i �hx kY � "��,�P�'} � ��*.- M gG,y`+ � � � ,"�k°i�m .s�`.�+ £.. � zi' a��.v�-'"y «,«� �-a �� : »� --g `�� Stantec � �� } �-s ,� �� , - � '�°� � =�r�1�� .� � ,- f�.�.�� .� . �- �t�nt��a��u(ting��rv�ce�l��. 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'� ... ta�,e�r a�rrosuw l;�u�>��c�r�Ir�rs�ly�i�F��ir��,�r��:�cW� �'o�r; �'�d��ri��r lmprca��r��nn:�� ontent� � � Scopeof Services..............................................................................................................1 PRt�JECT UNDERSTANDING.........................................................................................1 PROJECT APPFtOACH.....................................................................................................3 Documentation and Evaluation of Existing Facilities......................................................3 Gollaborative Process ....................................................................................................3 Decision Making Matrix: Cost Estimates and Praject Priori#ization................................3 Opportunities for Innavation...........................................................................................3 SCOPE(7�'WORK.............................................................................................................4 Phase One: Understanding What Exists and Condition Assessmen#...........................4 DE�{VERABLES................................................................................................................5 DELIVERABLES................................................................................................................5 Phase Two: �esign Alternatives and Implementation....................................................6 DELIVERABLES................................................................................................................6 DELIVERABLES.............:..................................................................................................7 PROJECT PERSONNEL...................................................................................................8 COST OF SERVICES .......................................................................................................9 Phase One: llnderstanding What Exists and Condition Assessment...........................9 REIMBURSABLE EXPENSES..........................................................................................9 SCHEDU�E.......................................................................................................................9 Phase One: Understanding What Exists and Candition Assessment...........................9 Phase Two: Design Aiternatives and lmplementation...................................................9 1 ��aa,�,�, [t��r�i�tr?�µ�1A�r��iy�i�1 s��ir�ter��r�c� F�lan ��sfiri�r� lm��u�r��n��t�a�3y SGOPE fJF �ERVIC�S This propasal outlines our projec#understanding, propased approach, scope and cost of services. PRGJ�CT UN[3�RSTAN[3iI�G As stated in the F2FP, the gaal of the evaluatian is to develap a long-term plan for operatian, maintenance and replacement of streetscape and pedestrian facilities within the study area. The areas to be evaluated incfude Winnetka Avenue between TH 55 and 10th Avenue North, Galden Valley Road from Wisconsin Avenue North to Rhode Island Avenue North, Rhade Island Avenue from TH55 to Golden ValEey Raad and the Golden Val3ey City Hall campus The first part of the study will evaluate the existing conditian of streetscape elements and make recommendations for the repair, rehabilitatian, andlor replacement of these elements. The following items will be considered as part af this study: • Structural condition of streetscape elements(to include planters, banner poles, lighting, arbor structures, bollards and pavements); attachments, damage, rust, finishes, etc. ■ Condition of landscape materials; plant health, grawth habit, age, etc. Also pravide an approved plant materials list. ■ Condition of iighting; structural,finishes, light levels, etc. ■ Reconstruction or modification af existing pianters and planting beds if necessary ■ Gansideratian of maintenance cancerns. ■ Visibility of buildings and signs within the campus. ■ Review of sight distancelcorner visibiiity at intersections and access points to the campus. AEso consider automobile access/circulation thraughout the project area. ■ Electrical supply for future use(i.e., seasonal lighting along Winnetka and Golden Valiey Road). ■ Patential use of existing medians and green space for water quality improvements. ■ Devefop a landscape and streetscape management pian that pravides cost, phasing and maintenance best practices. Inventory of Existing Streetscape Elemen#s. Approximately: ■ (60)Annual Planters ■ (52) Banner Poles with a total of(208) banner arms ■ {4) Handrails+ {2} Handraiis • (17) Metal Benches ■ (29} 14' Pedestrian Levei Light Poles ■ (47) 30'Street Level light poles+ (15) 3Q' Parking Lot�ight Poles ■ (17)Trash Receptacles ■ {24} Bollard Ligh#s ■ (8) Benches ■ (4) Bike Racks ■ (2) 10' Pedestrian L.evel light poles 1 ��w� . . . .. .... k m�y�:srccw . . � i;�vx,��c��..�,t�?��ly�i�t��ir��r��r�re �'1�r� r�.�e�i��r� �m�r�a�e��r�t�tu�y Some of the initial concerns identified as part of the scoping for the praject are identified belaw: ■ Existing problems wi#h paver sidewalks. Specific issues include sub-base failure, paver settling, and paver damage. ■ Electrica! receptacies. Most have been removed because of damage to the receptacles and ather efectrical components. ■ Banners. Banner arms failed almost immediately. Have been replaced numerous times and shauld cansider most cost effective technique to deal with them. Cansider the removal of some banner paies and possibly reducing the size of the bann�rs. ■ Ballards. Many were damaged shortly after installation by traffic. ■ Lighting. Need to review current light levels and define apportunities for conversion of pedestrian levei lights to �ED's. Also need to consider winter accent lighting. The second part of the Study will provide recommendations for the irraprovement of pedestrian access and connectivity in and adjacent to the City Hall campus. Primary considerations should include: ■ Reflect the theme created on the existing streetscape and plaza at the main entrance to the City Hail ■ Review af current sidewalk connectionsl access points and suggest improvements if necessary. ■ Pedestrian infrastructure recammenda#ions will be in compliance with PROWAG standards and ADA requirements ■ Define opportunities for additiana! stormwater managemant and water quality improvements on the campus 2 �� m��,� Iz-�#=�r;�ar>,rtA�n�iy�f�t��i�t�rr�n�� 'Ian ��:��t�� rr�pra�er�a�r�t�t�sdy PRflJECT APPRC7ACH �ur approach wiil include and consider the following elements: Documentation and Evaluation of Existing Facilities The facus of this study is to assist the City of Golden Valley in making informed decisians regarding the design of pedestrian improvements and the replacemen#of streetscape improvements to the City Hall Campus and adjacent areas, as well as the casts and operationall maintenance implications associated with such improvements. Due to the normal wear and tear associated with the urban environment, as well as, some design challenges, many of the existing streetscape elements adjacent to the City Half campus (located alang Winnetka Avenue betwesn TH 55 and 10th Avenue North, Golden Vailey Raad from Wiscansin Avenue North to Rhode island Avenue North and Rhode Island Avenue fram TH55 to Golden Vailey Road) are possibly in need af repairl replacement. This s#udy focuses on determining alternatives and costs for refiurbishment or replacement of these elements, inciuding sidewalks, pavers, pergalas, pedestrian level lights, banner poles, raised planters, and streetscape furni#ure. Collaborative Process The process will involve key representatiues of City staff, HRA and community stakeholders to evaluate existing canditions, identify key issues, illustrate improvement alternatives, and encourage participatian in the design process. The proposed process will resu{t in a responsive plan and will assist the design team in reaching informed decisions regarding the extent, character, costs, benefits, maintenance, and implementation concerns assaciated with the proposed impravements. Decision Making Matrix: Cost Estimates and Project Prioritization We will prepare cost estimates for the design recommendations and repair!replacement options.Will also be create a matrix for prioritization af the praposed improvemenfi projects which may be used as a framework on which tn base decisions regarding funding and timing af future prajects. Opportunities for Innovation Stantec seeks to integrate natural systems, innovative construction methods, and utilitarian needs in a low impact, sustainable, and artful manner. We will create a provids recommendations for improvements to pedestrian circulatian and site enhancements that integrate the naturaf systems on site with a sustainable, fow-impact approach to urban stormwater treatment and a hierarchy of apen space amenities, pedestrian linkages, and street treatments. We will emphasize sustainable site design and engineering techniques and employ full use of"green" products and construction techniques. 3 � ��y s�.r� lrs��rs��r�r'A��i}��i�l��i�t�r��€��e �'l�r� ��ri��s Impr�av��;r��t�c�y S�4�PE t7F iNC}RFC We have outlined an overall work program that responds ta the study objectives and the project elements highlighted by the City.We believe our methodalogy will produce a meaningful, cost- effective, and responsive plan far the City of Golden Valley. The propased work program consists of the fallawing three phases: • Phase t�ne: Undersfanding What Exists and Canditian Assessment • Phase Two:Design Atfernafives and tmplementatian Phase One: Understanding What Exists and Condition Assessment The purpose of Phase 1 is to immerse the project tearn into the prnject to gather fihe necessary data to understand the parameters that define the project and specific issues to be addressed. Phase 1 will assess and document existing conditions of the existing facilities within the praject area, identify concerns, issues, apportunities and constraints that will infarm future recommendations. - Task 101r Refine Base Infarmativrr Bonestroo wiil campile base maps, phatas, utility informatian and other reievant base infarmation for the praject area. The base maps will be formatted ta a workable scale far the project area. Task.1 fJ2;T?ata Collection and lras�aectrury o f�Facilitfes An inventory af existing elements pertinent ta the Winnetka Streetscape and City Nal[Campus Facilities and Pedestrian Study will be prepared. This will include the review of background studies related to pedestrian access and circulation in the community. The data collection and inspection of facilities will inciude but not be limited to the faliowing: ■ Existing Sidewalks and traiis. ■ Conditions of pavers/pavements * Candition of existing landscaping/streetscape features {banner poles and banners, planters, bollards, pergolas, etc.). ■ Candition of lighting (condition ofi existing fixtures and light levels). ■ Condition af street furniture (benches,trash receptacies, etc.}. ■ Review and evaluation of pedestrian access and circulatian through campus and each building. Also review sight distance/corner visibility at intersections and access points #o the campus and visibility of buildings and signs within the campus. • Review and evaluation of pedestrian accessibility and campEiance with PROWAG standards/guidelines. ■ Review the City's Sidewalk and Trail E�aluation. ■ Oppartunities areas for starmwater management a � ��,�� Ir�orc;�r��ryl,��t�l�°w;�t�'i�ir�f�:r�� 'I�r� ?��:�;�r� �r��s�t`��rr��r��fi��d� DELIVERABLES Plans and details that inventary and document the candition of streetscape elements, landscaping, lighting and sidewalk/trail conditions. Optionai 7"ask 103:GPS Coordinate szrrvey of Existing str•eetscape elements The aptional Task 103 wilf provide a digital map of the existing streetscape elements with a carrespanding spread sheet with the identified x, y, and z coordinates, 7'ask�t14;Review of L`xisCinc�Conclitiar�s arrd Sidewalk Evcr(utrtion With Task 102 completed,we will conduct an evaluatian of the existing condition data for the streetscape elements, lighting, structures and sidewalk accessl circulation issues within the campus area. Items to consider as part of the evaluation of the existing candition of facilities and elements shall include: ■ Structural conditian of streetscape elements; attachments, damage, rust, finishes, etc. ■ Condition of landscape materials; plant health, growth habit, age, etc. ■ Condition af lighting; structural,finishes, light levels, etc. ■ F2eview of current sidewalk cannections/access points and suggest improvements if necessary ■ Compliance with ADA and PROWAG requirements ■ Removal of tripping hazards ■ Reconstruction or modification of existing pianters and planting beds if necessary ■ Consideration of maintenance concerns. ■ Visibility of buildings and signs within the campus. ■ Sight distanee/corner visibility at intersections and access points to the campus. • Electrical suppfy for future use(i.e., seasonal lighting along Winnetka and Galden Vailey Raad}. ■ Potentiaf use of existing medians and green space far water quality improvements. D�L.IV��ABLES Documentation of structural and aesthetic integrity and anticipated remaining lifespan of existing streetscape elements and facilities. Draft report for City staff review containing the following items: . a. Suitability of connectionsiaccess points including patentiai improvements that may be implemented to improve pedes#rian circulatian. b. Opportunities for enhancing the visibility of buildings and signs within the campus. c. Issues with sight distance at intersections/access paints and op#ions for improving the visibility. Task 145: Meetings wr"th City StaJ�' We will meet with the recomrnended City Sfaff to review the documentation of the existing conditions and evaluation. The meeting will focus on the following items: ■ Products to repairJreplace existing faci{ities in poor condition. ■ Recommendatio�s for pedestrian accessibility and connections an the City Hall campus site e � �� Ir��r€�car�i�ln�i��i�t�fi�ir�t�rr�n�� I�� triar� Irr��ra��r��r�fi�t�dv 7'ask 106:Meetirz,g wr"Ch H12A We wiff ineet with the MRA to provide a project update and review the documentation of the existing conditions and evaluation. Phase Two: Design Alternatives and Implementation 7'ask 2Cl.l;Desi,g�a�Iter�natives and�retirninary cost estimate We will prepare alternative concepts for the proposed improvements, which respond to the abjectives and site parameters. A series af sketches, sections, elevatians, andlar photographic examples will be prepared to illustrate preliminary solutions. The alternatives wiN reflect different levels ofi investmenfi and phasing possibilities. Preliminary cost estimate will be prepared to assist with setting priorities, selecting a preferred alternative defiining phasing optians. DEI�IV�RABLES Plans and details that provide recammendations for the repair!replacement of streetscape elements and facilities as well as recommendations for sidewaik enhancements and cannections. Task2Q2.Maintenance Piari This Task will focus on the development of a maintenance plan that provides staff with the maintenance strategies and#iming necessary to maintain and/or replace the infrastructure companents in a cast-effective manner and maximize its life to the extent possible. Task 203: Meetings wit}�Pubiic Works Staff We wiil meet with the recommended City Staff to review the design alternatives that have been develaped. The meeting will focus on the follawing items: ■ Review af design alternatives ■ Praducts ta repair/replace existing facilities in poor condition. ■ Recommended maintenance effarts required to maximize life of struc#ures. • Present preiiminary cast estimates. ■ DeveEop a long-term phasing plan to implement replacements. Tctsk ZD4:Meetfng wrtlt FIRA Sta,�'f We will meet with the HRA to pravide a project update and review the design recammendations, cost estimates and phasing plans. Task 2�15: Open House witlt Business Owrrers 8z Other Stakeliolders An open house will be held with local business awners to provide an update regarding alternative concepts for the proposed improvements. Ta.sk 206: R�fr"nements of Flesiyn Aiternatives and Maintenarace�'lara Based on feedback received from the City staff we will make refinements to the recommendations and maintenance plan. � � s �'�� „� i��tt�?r�fr��<y�i�l s��ir�t�r��c� PE�� -��a��ars��. €m�r��re7�r�t�t€a�� C7ELIVERA�LE s ■ Final Eist o#praducts far repair/replacement of facilities. • Final recommended maintenance pracedures{prioritized). ■ • Final prioritized repiacement schedule. Task207; Im,nlemeratationPlan Based on the compietion of the design refinements and maintenance plan wa wiil develop an implementatian plan that will prioritize the design recommendations and provide direciion for future decisions regarding campus accessibility improvements andJor improvements to the existing streetscape elements. I#will also provide a framewark for funding to be included in the City's Capital Improvement Plan. The implementation plan will include a matrix ta provide cost benefits related to maintenance and life cycie costs. 7"ask 20�: Gity Counci!Wark Sessaon The consultant team wiil present the project design recommendations, maintenance plans and implementatian plan a#a Council Work Sessian and/or Council Meeting. 7 ��+ �,�«�,,s�,� in��$��i�r�lAra�ly�i�1��i�rt��?��ce �'i�ra ��r��r��r� (rrr�res�a�r��ac��° IP�t3JECT PERSt�tdhEEL JOHN D. SLACK, ASLA R regist�;red landscape architect with 16 years of professianal experience, John's primary areas of expertise include urban redeveiopment and design, sfireetscape planning and design, park and recreation design, bicycle/pedes#rian master planning, complete streets planning, green infrastructure design and sus#ainable site planning. John develops urban design projects with a focus on pedestrian access and connectivity, sustainability and stormwa#er management to reinforce the desired outcomes of the cAent and crea#e healthy, safe and accessible environments. Recent examples include his work in Northfield for the 5th and Water Street streetscape project, in Cedar Falis on the Parkade and College Hill streetscape projects, and his award winning work for the Warehouse District Heritage Streets Plan which pravides recommendations for pedestrian accessibiliky thraugh the active industrial area utilizing PROWAG guidelines and standards. John is currently working on the public realm design and connectivity study far the Stadium Villaga area near the U of M campus. KATIE WARNER, PE Katie is a civil engineer who works closely with City staff members to meet their project and day-to-day engineering needs. She has experience working on projects at all different phases, starting at the concep#phase through final completion of constructian. Katie prepares cancept reports, feasibility reports, and construction documents for municipal street and utility improvement prajects. She warks with staff to prepare development reviews. AARON MUELLER, PE, LEED AP Aaran specializes in the electrical design of various building types, lighting appiications, and SCAQA designs. His main responsibilities include managing our electrical designers and drafters, project management, power distribution design, standby power syst�ms, lighting designs for buiidings, pathways and raadways, SCADA systems, Arc flash surueys, power quality studies, product research, specification preparation, quality assurance, and canstruction inspectians. Aaron's experience ranges with a variety of projects invoiving existing building improvements and new construction. PHIL CASWEL�, PE A structural engineer with 27 years of experience, Phil's responsibilities include staff management, structural design, specification preparation, and quality assurance. He specializes in structural design and construction of a variety of project types, including dams, water and wastewater trea#ment facilities, recreatianal facilities, flood control projects, new buildings, structural candition assessments, and buiiding reno�ations. Phil alsa has extensive experience with civil and site-reEated projects such as retaining walis and repair of underground sewers. 8 �� ,,.�,�� i;��r�r�trarylRn�ly��r'��i�t�r��rr�� 'E�ra �'��i�s�ri�� 9rr��ara�r��r��t�a�y CC7ST C?F SERitN�ES (Jur intent is ta tailor the design process#o meet your abjec#ives. To do sa, we have outlined the basic services that we befieve are essential for a meaningful process. It is our intent to wark with the City Staff and use existing infarmation and resources on all possible occasions to mininnize costs. We propose our services to be charged on an hourly basis in accordance with aur municipai rate schedule. Phase One: Understanding What Exists and Condition Assessment {Estimate of approximately 1 hour for the evaluafion, docurnentation and recommendation for each of#he 280 elements) Task 101, 102 and 104 $27,30Q Task 105-106 $7,500 Subtotal for Pl�ase C?ne $34,80Q Phase Two: Design Afternatives and Implementation Task 201-202 $12,400 Task 203-205 $5,500 Task 206-208 $5,000 Subtotal for Phase Two $22,900 Total Costs $57,700 Optional Task 103: GPS Survey Caordinated with Task 102-104 $1,370 REI�Bl1FiSAB�E EXPERlSES Direct expenses relating to the professional services described above according to the attached Standard Rate Schedule. These expenses may include drafting and art supplies, mileage, postage, delivery charges, photagraphy and reproduction charges, fax, long distance phone, and other#ypical and narmal expenses associated with this type of planning work. Any unusual or large expenses wili be approved in advance. The cost for these expenses is estimated to be $1,200 to$1,80p dollars. SGHEI�UL� Phase One: Understanding What Exists and Condition Assessment Task 1Q1, 102 and 104 January- February 2012 Task 1p5-146 End ofi February 2012 Phase Two: Design Alternatives and Implementation Task 201-202 March 2012 Task 203-205 April-May 2012 Task 206-208 Early June 2012 � �� r a�,� Y t�� - ,^r�W�'�� 'i. �v," O .� �� e Public Works f�� 763-593-8030/763-593-3988 (fax) Executiv� Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. O. Authorize Contract Extension with North American Cleaning Services Prepared By Jeannine Clancy, Director of Public Works AI Lundstrom, Park Maintenance Supervisor Summary The City's contract for professional cleaning services with North American Cleaning ends December 31, 2011. The contract provisions allow for an extension to the contract term if desired by both parties. Furthermore, the provisions allow for an increase in an amount equal to the United States Consumer Price Index. North American Cleaning Services has requested a finro-year extension with no increase in the original bid price. Staff has prepared a contract amendment, which extends the contract to December 31, 2013 for a total payment of services of$71,984 per year. The budget amount for 2012 is $85.000. Attachments Letter from North American Cleaning Corporation, dated November 30, 2011 (1 page) Amendment to Contract 04-01 between City of Golden Valley and North American Cleaning Services (1 page) Recommended Action Motion to authorize the City Manager to sign the Amendment to Contract 04-01 between City of Golden Valley and North American Cleaning Services. c��C�i��..C3%//G�/ �� / / � �0. BOx 7277 �KinneapoC'�s, �1�1�V'55407 Of�ice: �612� 728-1906 Fa.x (612� 722-82.16 , CeCC �612�275-3136 November 30, 2011 City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Attn: A1 Lundstrom: Thank you for your time and for giving North American Cleaning Corporation the opportunity to serve your cleaning needs. We would like to continue our contract with City of Golden Valley without changing the terms and services of our current contract. Once again, North American Cleaning Corporation would like to thank you for your time. If you have any further questions,please don't hesitate to contact me di"rectly at (612} 275-3136. Sincerely, �.- � 7� oe Arreguin L President AMENDMENT Contract 04-01 between City of Golden Valley and North American Cleaning Services This amendment to Contract 04-01 is made this December 20, 2011, by and between the City of Golden Valley ("Gity") and North American Cleaning Services ("North American") to perForm certain cleaning services for the City of Golden Valley. The original contract was for a period of two years from January 1, 2004 through December 31, 2005. The original contract was extended for a finro-year period of January 1, 2006 through December 31, 2007 and it was extended a second and third time for a two-year period of January 1, 2008 through December 31, 2009 and January 1, 2010 through December 31, 2011. The parties wish to extend the original contract for an additional two years from January 1, 2012 through December 31, 2013, with no change in compensation. NOW, THEREFORE, the parties hereto agree as follows: 1. Except to the extent modified by this Amendment, the contract befinreen the City and North American for cleaning services (the "Contract") is hereby ratified in all respects. 2. The Contract is extended for an additional two-year period from January 1, 2012 through December 31, 2013. 3. The total yearly payment for contract services shall be in the amount of $71,984.00 each year. 4. Attached hereto as Exhibit A is the original contract. IN WITNESS WHEREOF the parties sign below. CITY OF GOLDEN VALLEY NORTH AMERICAN CLEANING SERVICES BY BY Thomas D. Burt Its: Its: City Manager �� '�� '�: � i9�) �G N��F.,- N , Og �r�� e Public Works � � 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. P. Authorize Agreement with the Bassett Creek Watershed Management Commission for the Construction of the Sweeney Lake Outlet Structure Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, EIT, Engineer Summary The Bassett Creek Watershed Management Commission (BCWMC) and the City of Golden Valley plan to replace the existing outlet structure that is located on the north portion of Sweeney Lake. A location map of this structure is attached. During the summer of 2010, City staff became aware of erosion on the embankments of the Sweeney Branch of Bassett Creek at the outlet of Sweeney Lake. Upon investigation, it was determined that the outlet structure is deficient and had been modified to raise the water level of Sweeney Lake several inches. The modification that was undertaken was done so without the permission of the Minnesota Department of Natural Resources (DNR), the BCWMC or the City. Because of the modification, high water flows had eroded the banks on both sides of the existing concrete structure. The modifications included installation of boulders on the downstream side of the outlet structure. City staff temporarily repaired the erosion damage and removed the modification to the structure during the winter of 2010-2011. Upon notification by City staff of the lake outlet issues, the BCWMC directed its engineer to investigate the history of the structure. This investigation determined that the DNR had no record of an outlet structure for Sweeney Lake, and that the existing concrete structure had been installed by private parties in the 1970s. Based upon this information, and the importance of Sweeney Lake in the Bassett Creek watershed as a flood storage basin, the City requested that the BCWMC install a new outlet structure that will adequately control lake levels and greatly reduce the risk of embankment erosion. The BCWMC programmed the reconstruction of the Sweeney Lake Outlet Structure in its Capital Improvement Plan for 2012 and directed its engineer to prepare a feasibility report (please see attached). The attached agreement between the BCWMC and the City of Golden Valley authorizes the City to complete the construction of this outlet structure. The agreement also authorizes the BCWMC to reimburse the City of Golden Valley for up to $275,000 for the construction of this structure. The project can be found in the City's Capital Improvement Program (SS-029). Staff recommends approving the agreement for the construction of Sweeney Lake outlet structure. Once approved, the City can work to set a schedule for the construction of this outlet. Attachments Location Map (1 page) Feasibility Report for the Sweeney Lake Outlet Replacement Project (15 pages) Cooperative Agreement for Sweeney Lake Outlet Reconstruction (2 pages) Recommended Action Motion to authorize the Mayor and City Manager to sign the agreement with the Bassett Creek Watershed Management Commission for the construction of the Sweeney Lake outlet structure. Hea `��'�tien�._;, R . ok � ,.:-� ;.; �t��6�� --�we €y O � � �; S � w� �� x„ �� ' � Hi den Lakes P nd 1� �,� n. ��G�"�1 x �, �� ` �' ond 2A V � 0 28� � � �GJ �GJ� n, A _ ,�.J ,.. �� Pond 3 � V .� � � \ � Adelrr�e Nature A � �Scha er } ; p ahlbe g Schaper Balifield Pon 2012 Sweeney Lake Outlet e Location Map Not to Scale Feasibility Report for fhe Sweeney Lake Outlet Rep/acement Project - �� ,�. . r .� i - `4. � f'�.. � Y � s* f ��, j � ' � l �14a � � �' ��j.. i �',j��.��'y/�" ,� �i }`.: T�� . Y;T.� .. _ . 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A� � �,, �. , "� , - =t rt ^°d a � `� , ,� ��a"r . � _. `� �.. �� .. �` .. __ Prepared for City of Go/den Valley October 2011 BARR ......� Feasibility Report for the Sweeney Lake Outlet Replacement Projecf Prepared for City of Go/den Valley Ocfober 2011 a�oo west n'"scr�ec Minneapolls,MN 55435-4803 Phone:(952)832-2600 BAR R Fax: (952)832-2601 �� I � i Feasibility Report for the Sweeney Lake Outlet Replacement Project Table of Contents 1.0 Background and Objective.....................................................................................................................1 1.1 Project Background.....................................................................................................................l 1.2 Goals and Objective....................................................................................................................1 1.3 Site Conditions............................................................................................................................2 2.0 Recommended Improvements................................................................................................................5 2.1 Do Nothing.............................................................. ..........5 .......................................................... 2.2 Sheet Pile Weir with Concrete Cap.............................................................................................5 2.2 Constructability of Recommended Improvements.....................................................................7 2.3 Opinion of Probable Cost............................................................................................................S 3.0 Permits and Schedule...........................................................................................................................10 3.1 Permits......................................................................................................................................10 3.2 Project Schedule........................................................................................................................l l List of Tables Table 1 Opinion of Probable Cost for Sheet Pile Weir with Concrete Cap....................................9 Table 2 Preliminary Project Schedule.........................................................................................12 List of Figures Figure i Project Location Map......................................................................................................3 Figure 2 Existing Sweeney Lake Outlet Structure..........................................................................4 Figure 3 Sheet Pile Weir with Concrete Cap Concept Drawing......................................................6 I I hereby certify that this plan,specificarion,or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the Laws of the State of Minnesota. P James erbert Reg. . 19926, Date: October 11,2011 Barr Engineering Company i P:�ivipls�23 MN127�23271205 Sweeney L,k Outlet Replacement\WoricFileslFeesibility ReportlSweeneyLk_OutletReplacmnt_FeasRpt_l l- Oct-2011.dcex 1 .0 Background and Objective 1.1 Project Background During the summer of 2010,City of Golden Valley Public Works staff became aware of erosion on the embankments of the Sweeney Branch of Bassett Creek at the outlet of Sweeney Lake. Upon investigation,it was determined that the outlet structure is deficient and had been modified to raise the water level of Sweeney Lake several inches. High water flows had eroded the banks on both sides of the existing concrete structure because the existing structure did not provide any protection for the banks. The modifications included installation of boulders on the downstream side of the outlet structure. City staff temporarily repaired the erosion damage and removed the modification to the structure during the winter of 2010-2011. Upon noti�cation by City staff of the lake outlet issues,the Bassett Creek Watershed Management Commission{BCWMC) directed its engineer to investigate the history of the structure. This investigation determined that the Minnesota Department of Natural Resources(DNR)had no record of an outlet structure for Sweeney Lake,and that the existing concrete structure had been installed by private parties in the 1970s. Based upon this information, and the importance of Sweeney Lake in the Bassett Creek watershed as a flood storage basin,the City of Golden Valley requested that the BCWMC install a new outlet structure that will adequately control lake levels and greatly reduce the risk of embankment erosion. The BCWMC programmed the reconstruction of the Sweeney Lake Outtet Structure in its Capital Improvement Plan(CIP)for 2012. The esrimated total project cost included in the CIP was $250,000. The BCWMC CIP process requires that a feasibility study for the proposed reconstruction of the Sweeney Lake outlet be prepared. The BCWMC and the City of Golden Valley entered into a Cooperative Agreement for the preparation of a feasibility report f�r the Sweeney Lake Outlet replacement project earlier this year. Following completion of the feasibility report,the BCWMC will hold a hearing on the project and order the project to be completed. The City of Golden Valley anticipates completing the design and construction of the project in 2012. 1.2 Goals and Objective The objective of the project is to replace the deficient structure,prevent erosion from occurring on the embankments at the outlet,and minimize seepage from occurring under/around the structure. Due to the importance of the structure for both flood control and recreation,the existing structure Barr Engineering Company ] P:�Ivipls123 MN127123271205 Sweeney Lk Oudet ReplacementlWorkFiles\FeasibiGty Report\SweeneyLk_OntletReplacmnt_FeasRpt_l l- Oct-2011.docx � will be replaced with the same control elevarion and discharge characteristics. Modifications will be designed to result in no increased flood levels at Sweeney Lake and along the creek. 1.3 Site Conditions The Sweeney Lake Outlet allows water from the lake to discharge into the downstream reach of the Sweeney Lake Branch of Bassett Creek. The outlet is located at the northeast end of the lake(see Figure 1). The existing structure consists of a 10-foot long, 2-foot wide precast concrete dam. Sweeney Lake has a normal water level (NWL)of 827.5 feet and a 100-year flood elevation 831.5 feet(NGVD 29). The dam appears to have been installed monolithically with construction equipment due to the presence of a lifting eye on the south end of the dam, and appears to be positioned relatively level. The dam serves the function of a broad-crested weir and controls the NWL of the lake. During low flow periods the NWL of the lake has dropped below the top of the outlet structure due to the erosion of the embankments on each end of the concrete structure. Also, it is unlikely that a barrier exists under the structure to prevent seepage under the concrete dam,which could contribute to low water levels on the lake during drought periods. Seepage may also be occurring around the ettds of the concrete structure. Property surrounding the outlet structure is owned by the Hidden Lakes Community Association. Also,some of the property north of the outlet structure is owned by Minneapolis Clinic Building Company. Work required to replace the outlet structure will occur on both properties. The City has obtained drainage and utility easements access from both property owners,which will be necessary for the construction of the new outlet structure. Access to the site for construcrion of the new structure is possible from both the North and South sides of Bassett Creek. It is anticipated that construction operations will occur on both sides of the creek. Access to this area is from Hidden Lakes Parkway along the private bituminous pavement driveway to the Minneapolis Clinic of Neurology on the Minneapolis Clinic Building Company property. The azea to the south of the creek is the public boat launch to Sweeney Lake. There is also a driveway and small parking lot in this area along with landscaped trees and shrubs. To the extent feasible,construction activities and staging should be kept to south side of the creek to minimize potential damage to the properties. 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S-�r-�-. � m 1 �'` �`�`€ ro?ti�. w n . a 9' � 't �� ..!°i°•T � ��,...- - M.+, Q -� �Gi� '. _ i � � �,r., s F�o�,s:,��an�" � ,• • . . ,•.;.- ��: r �� . �' '-^� �F-t�e r tv��?- e�r�,�. �� 1p7��j ti }iR�.,�,��w- .ma e..��t� " - s }, i � ,/,� C"��,�! �e hW"':',R�.Y�+y��RS f V«I j � V ,\2 �� ^!4 .i�(I,n"4�r �.�"'�'4��`n'. �G��,r � y r�ci�.�<t��t•..�; .1 ;�.ti...., � ' �, ck Avr j m � � 1 �t v;¢� .� - �.r+, ' r �:�,. -.��,:.''4'" c ir Project Location -�--Stream O Figure 1 Lake Fcet PROJECT LOCATION Regiaial Parlt �� •�� Sweeney Lake Outlei Structure Replacement Me�ers Bassett Creeic Watershed Commission 3�0 0 300 Golden Valley,MN Figure 1 Project Location Map Barr Engineering Company 3 P:1MpLs�23 MN�27123271205 Sweeney Lk Outlet Replacement\WorkFileslFeasibility ReponlSweeneyLk_OutletReplacmnt_FeasRpt_]1- Oct-2011.docx A soil boring was taken next to the existing outlet structure to gain a better understanding of the subsurface conditions and will provide the necessary data to complete engineering and final design of a new outlet structure. Visual observations,manual plasticity tests,and mechanical resistance tests were performed while boring. Generally the observations and tests indicated subsurface conditions consisting of very loose to medium dense materials,increasing in density as a function of depth. The top 6 feet of material is very loose silty sand with a 2-3 foot layer of organic peat. Materials below 6 feet were determined to be clayey sand in the loose to medium dense range. Groundwater was encountered at about 5 feet below ground surface at the boring,or at an elevation of about 3 feet below the top of the existing outlet structure. The boring was conducted about 10 feet northeast of the existing structure. Figure 2 shows the existing Sweeney Lake Outlet Structure. The orientation of the photo is looking north toward the Minneapolis Clinic Building Company Property. The riprap surrounding the concrete dam is part of the repair efforts city staff impiemented to control erosion. �i� �I,��k+ �� '�`�`�,"�'!�' —w-+��'. - . .,,. �, �:o WN s L �� s�u �I�t F �� f ��yF.'w� �� y ��. .€ � . ' , , , . F:�-f' . . t ., � . , , ., • .. x I' ' i^:"C 1 jsv ��,0� �' ., , Q• -•'�.� x M �� r i, �' � , .�� .... � i y�a �.. � # �� ...+� .v�a°, � � � � .Aa� � Ma .{ � , �#�` � �.�k�i'��;.� � •.,t� � � < y �. r � �'�� g�� `� � . �� { , � � �4 � � � t�.. �� q��"C� � �� ; ��'�'�� `�, � �''�� ^M+� s^ �p� � J+F .. y..., y�$ �f Fh' +f� �$�,.{�;�` •'„"+�� ,4, ..n'/r �}5`'�t� � q'�'4 f, n � 4 -w i • � ..�w�.. � � '��„. '� ��#,r � �'��"' <��. � _� � � .� .e, �,�a i � : �� iw� � � "� +�` � � � �., i+, ` .� q s��'� �� s��s, , . . �„`, «... '�r�' '�"" ,> a ; �- k � - :"� . ..�� ,w�,� �� ` �� *€. �C� � �� Y�!�'�4�r�A�+« t }�� r�„ t,�� ., �� _ �`, 5... , "'�' _�, ��'` ♦ � �Y ,� `��' T'� ."�'� i �'�� 'Y• • �1 _ . , �`� + . ��5�«? � ,•��'' , � # .' � w� i ��,. .a t��,� � �. H. 3�y"� � 7'' � .-. .�. ' k;��`�,.1�.��\'7 ��,�;� .�x e, . y�:, � . iF •4��n . �, _ �� . �: �s� r � � � y,,t�,` ��" �� +�f '� a a � ' . ._ � a _.,. i!�� .._ 4a' .. ' �:t . � 'L b.�4r'y Figure 2 Existing Sweeney Lake Outlet Structure Barr Engineering Company 4 P:Uvlpls�23 MN�27�23271205 Sweeney Lk Outlet ReplacementlWorkFiles�Feasibility Report\SweeneyLk_OutletReplacmnt_FeasRpt_I1- Oci-2011.docx 2.0 Recommended Improvements This study includes replacing the existing structure with a new outlet structure at Sweeney Lake. The structure will be installed across the creek,extending into each embankment. Sheet piles are often the most viable alternative for this type of application in the sense that they can be driven directly into the ground,thus minimizing excavation and significant site disturbance. Therefore,only two options for the Sweeney Lake Outlet structure were reviewed: (1)do nothing,and(2)install a sheet pile weir. 2.1 Do Nothing As noted,the existing outlet structure is in poor condition and significant erosion has occuned at each embankment,resulting in potenrially unstable lake elevations. T'he BCWMC recognizes the structure must be replaced and has included the project in its CIP. Therefore, "do nothing"was not considered a viable long-term option. 2.2 Sheet Pile Weir with Concrete Cap The recommended option for the new outlet structure consists of installing a sheet pile weir across the creek about 5 feet downstream of the existing outlet structure. A reinforced concrete cap would be installed to provide level overflow and to protect the sheet piles. The overflow elevation of the weir would be set at 827.5 feet,such that the NWL of Sweeney Lake remains unchanged. The width of the new weir will generally match the width of the existing concrete dam to maintain a similar flow capacity. T'he top of the structure on each side of the overflow will be consistent with the existing embankments. Water will pass over the entire structure during flood flows. Erosion protecrion will be provided on the embankments on both sides of the new structure. Also,riprap will be installed in the channel downstream of the structure. The piling would extend into each embankment to minimize seepage around the ends of the structure. The sheet piles would be driven into the ground to a depth to provide adequate stability. Actual pile material, shape,thickness and depth will be selected during final design. The reinforced concrete may also include a decorarive finish using form liners or placing stonework similar to materials used on the Hidden Lakes Parkway Bridge. Figure 3 shows the recommended design concept. Barr Engfneering Company 5 P:�Mpls123 MN�27�23271205 Sweeney Lk Outlet Replacement\WorkFiles�Feasibility Report\SweeneyLk_OutletReplacmnt_FeasRpt_l]- Oct-2011.docx � � LRE�{c, `� ' � � � : r�X1:7xE.lG ': , � �rR�#�� wtirR �tstN �4�t� '� \;r�. ,,, \I..j��; TOP ,��.E;�RTro�} S�+�E ��. s: .. _�:'iE��.;r,� . �RS �.x=s#r�U ,�S,�sa'� ( �; �� 6 / -� � � � ,/ Gr�rG�P.�TE GA� � � �� i ' � �� -- - -� _ _ —.� - _1 , �.�_._ _,_. ___ _ ... .r. .. : .. _ __.. _ , � � � ,, .. , � :,� , � ��ff f' i'3lES � :< ;� I L--- ,;�'- . ... .. .,_.... _ -- �- _� ._.. __—_____. �----� SozL n p�S J�l; � � j _ �. � ��o�: .sHEErPrc� wF�a wl��. cAp _: No S�A�� - - - d'tt�l--� i- --, rar ot wEJR.��Euq�'fr�! . � ... _,_.. ,_ ' ,� s A,�E r►s Exzsrx�� S��EC�/EY t Ak� _ ��. -. . _ �:fi'� :�a,u�,Ta� __....-, :-.�---r--•.;�,d , 1,1 � *,�.�, 6ksSEr't G�tE�K Exrs,��►�� . . :�� • .. , ;n'�° 5�3��lct�iit� _.�, __..l_ uEPrN �'�z►rc�cErE�A� t�tJtWowN s�t��r e��s i !--'— DEPTt# T,6,D, S�GT�o,� h—l4: ,S(aE�T Pri.� w�� W/to�l� t�4P --- _ _ . _... ._ __ ___.... �+0 StAt�E Figure 3 Sheet Pile Weir with Concrete Cap Concept Drawing Barr Engineering Company 6 P:1Mpls�23 MN�27123271205 Sweeney Lk Outlet Replacement\WorkFiles�Feasibility Report\SweeneyLk_OutletReplacmnt_FeasRpt_l l- Oct-2011.docx i E I 2.2 Constructability of Recommended Improvements The recommended outlet structure,shown on Figure 3 was selected based on its estimated cost and constructability. Sheet piles are relatively easy to install assuming there are no large boulders in the path of the sheets. Anticipated pile installation equipment includes an excavator-mounted vibratory hammer attachment or a crane and separate hammer attachment. Construction of the concrete cap requires minor excavation into the creek bed and embankments. Water management is a key component of the work. Creek flows shall be maintained and lake levels should remain relatively constant. Also,groundwater is expected to flow into the shallow excavations on in the embanlanents. Although actual construction"means and methods"wiil be the responsibility of the Contractor,the conceptual design was based upon the following procedure: • Task 1: Install a temporary sandbag dike across the creek immediately downstream of the existing concrete structure. This will create a small pool of water immediately downstream of the existing structure,which will be used as a bypass pumping sump pit as well as dam water from flowing through the construction area. Additional sandbags may be necessary along,or upstream,of the existing dam. • Task 2: Install bypass pump and route hose(s)around proposed construction area. If necessary,pump water through filter bag downstream of proposed structure location to capture suspended sediments in discharge stream. Upstream floating silt curtain and other necessary erosion controls should also be installed at this time. • Task 3: Upon successful operation and performance of the dam and bypass pumping system, remove existing riprap from creek bottom and embanl�ents along alignment of the proposed sheet pile alignment to prepare for unrestricted pile installation. • Task 4: Install sheet pile weir along proposed alignment. Sheet pile should adequately extend into both the north and south creek embankments. The tops of the sheet piles shall be driven or cut-off to the desired elevations. • Task 5: Excavate on each side of sheet pile wall to prepare for concrete cap construction. Sandbag dike may be relocated to facilitate dewatering below the bottom of the concrete cap and removal of the existing dam. Barr Englneering Company '] P:\Mp1s123 MN127�23271205 Sweeney Lk Outlet Repiacement\WorkFiles\Feasibiliry Report\SweeneyLk_OutletReplacmnt_FeesRpt_]1- Oct-2011.docx r • Task 6: Install concrete reinforcement,install and secure formwork,and place concrete. The amount of cure time required prior to removing formwork is dependent on concrete mix design parameters. A fast curing mix may be necessary to expedite this process. • Task 7: Upon removal of formwork,place desired backfill materials in creek bottom and embanlanents on both sides of the new structure. Remove riprap from the downstream side of the existing structure and place on the downstream side of the new structure. • Task 8: Remove old outiet structure and grade creek bottom to the new structure. Additional riprap and filter may need to be placed to complete this task. Once the area upstream of the new structure is restored,final site cleanup and restoration shall be completed. Remove sandbag dikes,bypass pumping system,and floating silt curtain. City of Golden Valley,with assistance from its consultant,will manage the construction of the new structure to ensure compliance with contract documents and permit requirements. 2.3 Opinion of Probable Cost Table 1 on the next page includes a summary of probable costs for the total project. The estimate includes a breakdown of probable construction costs using estimated quantities and unit pricing based on past projects of similar nature. The estimated cost for engineering,permits,and construction administration has also been included to give an opinion of the total project cost. The estimate also includes a cost contingency of twenty percent to account for lack of detail to the design scope. A more detailed and precise opinion of probable cost for construction will be produced during final design. i � � Barr Engineering Company g P:1Mpls�23 MN127\23271205 Sweeney Lk Outlet ReplacementlWotkFiles\Feasibility Report\SweentyLk_OutletRcplacmnt_FeasRpt_l l- Oct-2011.docx I Table 1 Opinion of Probable Cost for Sheet Pile Weir with Concrete Cap Item Unit Quantity Unit Extension Cost 1. Mobilization and Demobilization LS 1 $8,000 $8,000 2. Erosion Control/Silt Curtain LS 1 $2,000 $2,000 3. Diversion and Dewatering Hours 100 $50 $5,000 4. Sheet Piling SF 1,000 $50 $50,000 5. Reinforced Concrete Cap LS 1 $10,000 $10,000 6. Decorative Stone Finish (Concrete Cap) LS 1 15,000 $15,000 7. Remove Existing Structure LS 1 $5,000 $5,000 8. Riprap CY 20 $100 $2,000 9. Site Cleanup and Restoration LS 1 $3,000 $3,000 Construction Subtotal $100,000 Engineering,Permits,Construction Admin $50,000 Contingency(�20%) $30,000 TOTAL' $180,000 1Tota1 cost does not include easements acquisition(City has drainage and utility easement for the site) I I i Barr Engineering Company g P:1Mpls�23 MN127123271205 Sweeuty Lk Outlet Replacement\WorkFileslFeasibility Report\SwecneyLk OutletReplacmnt_FeasRpt_l l- Oct-2011.docx I ( 3.0 Permits and Schedule 3.1 Permits The proposed project will require a Public Waters Work Permit from the Minnesota Department of Natural Resources (DNR). The following is a list of other potential permits: Public Waters Work Permit The DNR regulates projects constructed below the ordinary high water level of public waters or public waters wetlands,which alter the course,current,or cross section of the water body. Public waters regulated by the DNR are identified on published public waters inventory(PWI)maps. Sweeney Lake is classified as a Minnesota public water;therefore the proposed work will require a DNR public waters work permit. This perxnit process is subject to a 45-60 day approval cycle. The DNR may require documentation that demonstrates the hydrologic impacts from the outlet modificarions will not present flooding problems or raise the normal water level of Sweeney Lake. Section 404 Permit T'he COE regulates the placement of fill into wetlands under Secrion 404 of the Clean Water Act (CWA) if the wetlands are hydraulically linked to a water of the United States. In addition,the COE may regulate all proposed wetland alterations. No wetland impacts are proposed as part of this project. It is expected that the proposed project will involve little,if any, grading or excavation within wetlands. When final design plans aze complete,this impact should be assessed and contact made with the COE. Minnesota Wetland Conservation Act The Minnesota Wetland Conservation Act(WCA)regulates filling and draining wetlands and excavating within Type 3,4,and 5 wetlands. In addition,WCA may regulate all types of wetland alteration if any wetland fill is proposed. T'he WCA is administered by local government units (LGU),which include: cities,counties,watershed management organizations,soil and water conservation districts,and townships. The City of Golden Valley is the LGU for the proposed project site. The Minnesota Board of Water and Soil Resources{BWSR)oversees administration of the WCA statewide. It is expected that the proposed project will involve little,if any, grading or excavation within wetlands. When final design plans are complete this impact should be assessed and contact made with the LGU. Barr Engineering Company 10 P:1Mpls�23 MN�27�23271205 Sweeney Lk Outlet Replacement\WorkFiles\Feasibiliry Report\SweeneyLk_OutletReplecmnt_FeasRpt_l l- Oct-201].docx � MPCA Guidance for Managing Dredged Materials The MPCA considers material excavated below the DNR's ordinary high water level to be dredged material. Becanse dredged material is de�ned as a waste and is regulated by MPCA,the MPCA has developed a guidance document for managing dredged material(document available on the MPCA website: http://www.nca.state.mn.us/water/dredgedmaterials.html). Dredging is not expected to be required to complete the project. If sediments are to be excavated as part of the project,joint application may need to be made to the U.S. Army Corps of Engineers {COE)for a Clean Water Act Section 404 permit. In this case,the project would also need to comply with the Minnesota Wetland Conservation Act and follow the Minnesota Pollution Control Agency's (MPCA)guidance and permitting for handling dredged material. When final design plans are complete,this impact should be assessed and contact made with the COE. Agreement between Property Owners and the City of Golden Valley The project is expected to occur exclusively on land owned by the Hidden Lakes Community Association and the Minneapolis Clinic Building Company. Although the City has obtained drainage and utility easements,the project may require an agreement between the City of Golden Valley and the Hidden Lakes Community Association andlor Minneapolis Clinic Building Company for gaining access to staging areas and other construction related activities. 3.2 Project Schedule The construction of the Sweeney Lake Outlet Replacement is anticipated to be completed in the winter of 2011-12. Construction of the project during winter months provides advantages in terms of minimizing ground disturbance and relatively predictable and constant water flows. The primary disadvantage to completing the work during winter months is the effects of cold weather on equipment and manpower. Freezing of the bypass system and improper concrete curing are concerns with winter construction. Table 2 depicts a preliminary project schedule including approval of the project by the BCWMC, engineering and design,permitting,bidding,Notice to Proceed and construction. Barr Englneering Company 11 P:U�Ipls�23 MN�27�23271205 Swceney Lk Outlet Replacement\WorkFileslFeasibility Report\Swceneyl.k_OutletReplacmnt_FeasRpt_l l- Oct-2011.docx Table 2 Prellminary Project Schedule Taai:Neme 2012 . . .._ __...... ._ .. . __ _. __..._.._. � �amber T Oerober Novsmbx Osoember .lanue Fahrue LImD - Sweeney Leke Outlet Replacemeirt : Feaeibility Study BCWMC Approval Engineering end Deaign Permiqing ` Bidding and Awsrd CoMnct Notice to Procesd *Conatruction � Barr Engineering Company 12 P:�Mpls�23 MN127�23271205 Sweeney I,k Outlet Replacement\Wor�Files�Feasibility ReportlSweeneyLk_OutletReplacmnt_FeesRpt_l l- Oct-2011.docx COOPERATIVE AGREEMENT FOR SWEENEY LAKE OUTLET RECONSTRUCTION This Agreement is made as of this 16th day of November,201 l,by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the"Commission"), and the City of Golden Valley, a Minnesota municipal corporation (hereinafter the"City"). WITNESSETH: WHEREAS, the Commission adopted the Bassett Creek Watershed Management Commission Water Management Plan, July 2004 on September 16, 2004 (the"Plan"), a watershed management plan within the meaning of Minn. Stat. § 103B.231; and WHEREAS, the Plan, as amended provides that the trunk system of Bassett Creek is the responsibility of the Commission; and WHEREAS, the Sweeney Lake Outlet structure, which is a part of the trunk system, is in need of replacement(the"ProjecY'); and WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS HEREINAFTER SET FORTH,THE PARTIES AGREE AS FOLLOWS: l. The Project will consist of the replacement of the Sweeney Lake Outlet structure in the City of Golden Va11ey as more fully described in Attachment One. 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications, and any changes to such plans and specifications, are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construc�ion of the Project to assure that it is completed in accordance with plans and specifica.tions. The City will require the contractor to provide all payment and performance bonds required by law. The City will require that the Commission be named as additional insured on a11 liability policies required by the City of the contractor. The City will require that the contractor defend,indemnify,protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising frorn performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. The City will display a sign at the construction site stating"Paid for by the Taacpayers of the Bassett Creek Watershed". 383331v1 CLLBA295-31 1 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 5. The Commission will reimburse up to Two Hundred Seventy-Five Thousand Dollars ($275,000) of Project expenses from its Flood Control Long Term Maintenance Account. 6. Reimbursement to the City will not exceed the amount specified in paragraph 5. Reimbursement will not exceed the costs and expenses incurred by the City for the Project,less any amounts the City receives for the Project as grants from other sources. 7. The Project will be owned and operated by the City. The Commission may provide financial assistance for the ongoing maintenance, repair and replacement of the Project depending on future Commission policies relating to such assistance and the availability of funds. 8. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. 9. The City will secure all necessary local, state, or federal pernuts required for the construction of the Project and will not proceed with the Project until any required environmental review is completed. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. BASSETT CREEK WATERSHED MANAGEMENT COMMISSION By. - Its �� r And by: I Secre ary CITY OF GOLDEN VALLEY By: Its Mayor And by: Its Manager 383331v1 CI,L.BA295-31 2 pifr� �� °�� ca.i��; O : ��--=� � e Public Works � 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. Q. Wirth Lake Outlet Structure 1. Authorize Agreement with the Bassett Creek Watershed Management Commission for Design and Construction of the Wirth Lake Outlet Structure 2. Authorize Agreement with Barr Engineering Co. for Professional Services Relating to the Wirth Lake Outlet Structure Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Mitchell Hoeft, EIT, Engineer Summary The Bassett Creek Watershed Management Commission (BCWMC) has completed a total maximum daily load (TMDL) study of Wirth Lake. The study found that Wirth Lake has an excess amount of phosphorous levels present causing Wirth Lake to be listed as an impaired water body under current regulations. Over the last few years, the condition of Wirth Lake generally seems to be improving and often meets its set requirements. However, during high flooding years, flow from Bassett Creek is often discharged directly into Wirth Lake. This discharge brings additional phosphorous into Wirth Lake resulting in levels that exceed current TMDL limits. In an effort to reduce phosphorous loading into Wirth Lake, the BCWMC has asked the City of Golden Valley to work with them to modify an existing outlet structure on Wirth Lake. The modification would prevent this type of backflow in Bassett Creek from entering into Wirth Lake during periods of flooding. A feasibility report has been perFormed by Barr Engineering Company for the modification of this structure and can be found attached. A location map showing the loeation of the modification is attached for your review as well. Attached is a cooperative agreement with the BCWMC for the Wirth Lake outlet structure project. Under this agreement, the City will be responsible for the design, bidding, and construction management of the modification. All expenses for these processes will be reimbursed by the BCWMC, up to the maximum $180,000. Also attached is an agreement with Barr Engineering Company authorizing Barr to complete the design and construction coordination of the project in the amount of$68,000. All costs occurring under this agreement will be reimbursed by the BCWMC. The project is included in the City's Capital Improvement Program (SS-031). Upon receiving authorization of both documents, the City will move forward with the coordination of the design of this structure. Following design, the City will set a project schedule and advertise for bids. Attachments Location Map (1 page) Feasibility Report for the Wirth Lake Outlet Modification Project (25 pages) Cooperative Agreement for Wirth Lake Outlet Modifications (3 pages) Agreement with Barr Engineering Company dated March 1, 2011 (7 pages) Recommended Action 1. Motion to authorize the Mayor and City Manager sign the cooperative agreement with the Bassett Creek Watershed Management Commission for the design and construction of the Wirth Lake outlet structure. 2. Motion to authorize the City Manager sign the agreement with Barr Engineering Company for professional services related to the Wirth Lake outlet structure. i i I i i I i � I i i i �,_ _ Fiw�r � � � � __ i __ _ � � , i / � I , � � ; � , . , � � , ae ' � � � � , � , , � � , � , � � � , � Wirth Lake I � Beach ' � � � � � � � � � � � � 1 � � Eloise Butler � � Wildflower Gardens i 2012 Wirth Lake Outlet e Location Map NottoScale Feasibility Report for the Wirth Lake Outlet Modification Project _,� � � �hl. � 21 Jw r;,' i � s�� +� '.t " yt E +� 9__.. 5+�; ��1*r .�, ,- �� ""��'�i. L� �` � •' ''!f�" �n.� "+ ^w'�� n�1�,�'`� . .� , , «��. F �,r�t� .'a� „�i aA'�"`� �# �� I ,�� ^^a y"�'e a`i� Y ,� � � �3, Ii#�s o4 #"�y �`�� p� ��^ $ F ��i4 ��..., �� "�'^,-�� r� ! m } �t.+S�'� �� F ; .��j��ar � "�a�"�,,:;�u�4� �, �� ;''��s ,� :� �' � � �. r�� ': �: � . � � `�,x�� . ,,r� �, � . �'� e�� _ i � f �r �i. � y� �:i^ � � ��p : � *r ,y i�,�l�r�� L ,+$jV�� 7' ,f"�. . f��' �7�� ':��x �kafs. � iF!.P`i 6* it��' �"� ( �u. �A . �rt'�.• ��"t.�iSl,l 4�'..19 i � � �Y� ' ' �'� A L{ ��!� .. ' ' �' ��l�a�.: 1�+"' ,��. . ,,�,q ."��,F�� , r� _ , `� � ., �.,� i ' i . ..� �_" �,._ },��' 1�°� �'.�� .'��. .ik �_' Y 6'iAr �SJy� . "��'�� !M , � �� .4,. ��'�L e�'Y'-� t r ♦9 �.. 1� ^�''� � *� r . 'i . �`,�,.f�- , A� � . _ � . � '� k .. , � �1��,��^�;4'�^'V/Et�.s��r ��y a, ., ..� �^"�.� t i, ^ ��'I . .. lA - �. .��1� j��. � �' � ��r� `� j. ��y 'i.'t• a ,.r` �ip�'�� .� � k 1 �"�� -�� .. s�.. : '� ,� �;.�. � ;k ��.,s�� . , ,� .. � • '� . �t y��i�� F t��''�`•�� _� .!�� '� ';�rw(�"`��¢��'�,� ty��4 ` _ � .. ik-�'k� �,��'t�t. S I.�q`t . �e � ' ~��f'':��.. ii f . . � Prepared by the Bassett Creek Watershed Management Commission Crystal • Golden Valley • Medicine Lake • Minneapolis Minnetonka • New Hope • Piymouth • Robbinsdale • St. Louis Park _ July 2011 Feasibility Report for the Wirth Lake Outlet Modification Project Go/den Val/ey, Minnesota Prepared by the Bassett Creek Watershed Management Commission July 2011 I hereby oertify that this plan,specificatlon,or report was prepared by me or under my direct supervision and that I am a duy Licensed Professional Engineer under the Laws of the State of Minnesota. r--- Tim P.Brown Reg.No.24607, Date: July 7,2011 � Prepared by Barr Engineering Company BARR 4700 West 77th Street•Minneapolis,MN 55435-4803 �� Phone:952-832-2600•Fax:952-832-2601 Feasibility Report for the Wirth Lake Outlet Modification Project July 2011 Table of Contents 1.0 Summary.................................................................................................................................................1 ' 2.0 Background and Objective......................................................................................................................3 2.1 TMDL Implementation...............................................................................................................3 2.2 Goals and Objective....................................................................................................................4 2.3 Wirth Lake Background..............................................................................................................4 2.4 Site Condirions............................................................................................................................5 2.5 Hydrologic Modeling..................................................................................................................7 3.0 Alternarives...........................................................................................................................................I 1 3.] Automated Steel Lift Gate............................................................................................................12 3.2 Rubber Check Valve.....................................................................................................................14 3.3 Other Alternatives Considered......................................................................................................16 3.4 Impact of Alternatives on Fish Movement....................................................................................l'7 4.0 Permits and Schedule............................................................................................................................18 4.1 Constructability of Recommended Improvements...................................................................18 4.2 Permits......................................................................................................................................19 4.4 Project Schedule........................................................................................................................21 Appendix:Wirth Lake Outlet Culvert Inspection Report...........................................................................22 Memorandum..............................................................................................................................................23 List of Tables Table la Comparison of peak flood elevarions for the three design storms at different locations for the existing and proposed condirion scenarios............... ......................................10 Table lb XP-SWMM modeled existing flow rates from Wirth Lske to Bassett Creek..................10 Table 2. Comgarison of altematives considered...............................................................l l Table 3. Opinion of cost for the automated steel lift gate alternative......................................13 Table 4. Opinion of cost for conswcting a bulkhead and rubber check valves.........................15 List of Figures Pigure1 Project Location Map.....................................................................................3 Figure 2 Existing Wirth Lake Outlet Structure...................................................................6 Figure 3 Example of an Automated Steel Lift Gate at Wisconsin Avenue in Golden Valley..........13 Figure 4 Photos of the Rubber Check Valve...................................................................15 Figure 5 Inflatable Barrier at Minnehaha Creek and Lake Nokomis.......................................lb r Wirth Lake Outlet Modification Project Feasibillty Study Page i i r � 1.0 Summary The Wirth Lake TMDL Implementrztion Plan (MPCA,2010)includes modifying the outlet structure to prevent flow from Bassett Creek to Wirth Lake during flood periods. This modification is estimated to reduce phosphorus loading to the lake by an average of 55 pounds per year(Wirth Lake Excess Nutrients Total Ma.rimum Daily Load Report,MPCA,2010). Based on analysis of historic data,the modification of the Wirth Lake outlet will be required to achieve the annual load reductions prescribed in the TMDL allocarions. The reductions in phosphorus that would be achieved are estimated to be sufficient to meet the water quality goals for the lake. In February 2011 the Bassett Creek Watershed Management Commission(BCWMC)approved adding modifications of the Wirth Lake outlet structure to include backflow protection to the 2012 CIP. T'he proposed modi�cations to the existing outlet should be designed so as to not significantly raise flood levels in the creek and surrounding areas,and provide a low maintenance need with reliable operation. The resulting structure shou3d be designed to maintain the normal water level of the lake and the outflow capacity of the existing oudet. The following alteration alternatives were reviewed for this study: � Stop logs • Rubber Check Valve • Steel Lift Gate • Inflatable Barrier The rubber check valve altemative is recommended based on the reliahility,lower construction costs, and minimal maintenance needs. The opinion of cost for installing rubber check valves is$180,000. This is about$60,000 less than for installation of a steel lift gate. The rubber check valve alternative requires minimal maintenance and no ongoing electrical needs or additions to the City's Supervisory Control and Data Acquisirion(SCADA)system, The recommended altemarive includes removing the existing timber outlet structure from Wirth Lake and placing a new bulkhead with openings for two rubber check valves. The proposed bulkhead would attach to the existing culvert. The exposed surface of the bulkhead could be colored,textured, or treated with a form liner to blend the wall into the surroundings. Wirth Lake Outlet Modffication Project Feasibility Study Page 1 r � The proposed modifications would include the installation of two rubber check valves inside the culvert using metal flange rings bolted in place. To accomplish this,an opening should be cut in the top of the culvert and finished with a flat metal,lockable cover at the upstream end of the culvert. The two proposed vatves would slightly exceed the exisring cross-sectional area for flow and would maintain the existing outflow capacity. A slanted"self cleaning"inlet grate should be installed that is designed to maintain the normal water level of Wirth Lake at 818 feet(datum NAVD 88). The rubber check valve option would maintain or increase the barrier to rnovement of fish and other aquatic animals upstream from Bassett Creek to Wirth Lake. T'he Minnesota Department of Naturel Resources(MNDNR)has reviewed the impact of the fish barrier on Wirth Lake and found the potential for a minor impact to the fishery and was neutral on the project. The barrier may provide a benefit by preventing the migration of invasive species such as carp and zebra mussels to Wirth Lake. Wirth Lake Outlet Modification Project Feasibility Study Page 2 2.0 Background and Objective 2.9 TMDL Imp/ementation The Wirth Lake TMDL Implementation Plan (MPCA,2010),identifies modifications to the Wirth Lake outlet structure to prevent flow from Bassett Creek to the lake during f3ood periods to achieve the annual nutrient load reductions prescribed in the TMDL study allocations. Tlris modification is estimated to rednce phosphorus loading to the lake by an average of 55 pounds per year(Wirth Lake Excess Nutrients Total Maximum Daily Load Report,MPCA,2010). Based on analysis of historic data,the modification of the Wirth Lake outlet will be necessary and sufficient to meet the TMDL allocation. Tn February 2011 the BCWMC approved adding tlus project to its 2012 CIP. ..i._�.,•,c,i�,.: ... �,.rc.�.a..,..,.a..a.....�..r�ro......,.-_�,.. . �.�.. �i'�. �'_`-�.ti,.R �e::ner �'"�' ��`'��1��`-': � R Legend • ;:Sd'D60.^6t� „�„� V . — i r� -'1.., � h'� fr 4 �8traans Y'NkEBOTA� , tl0� � ��..t -q�}.�1`t `i�-�`r .,� `; Qiv6ic6emday. � 'd.-` ,�.� ' T:''� ; , � � _ � ,�" ..'•G , �sa1� 1y?. � ` ' _ � � �- a . ,� '�;.< � r =�� ..�0'.10".7f�_w1 P.. �tir �Y ��'F��.:. 3 .. s�k' Y't':. � . �r Yc_ '. . i .�e�. � ��t}�, '.:� � , , �' – v • �� fj a 3� ,�1 � � � "- '�..� � �. . ; v �`+�m_L .-� �' � 7 ��'{k_5 .� �s'E�' _v� �� Y ',s: � K „� �`s �f"f' � 7c :lM�N"j a''�r �' �.' ° � i<.fY :f'+� � . !S' la��.� . ,� N ' � : � . A _ . i .s ' 1u� �j�w,°` �,� Y t _ .. 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VIIRTH 1AI�Ol1TLET P4�O.JECT LOCATION MAP r . , � � � w�- � BMVSR Clean VV�ter Fund d _�� ' ,..� .�, r F 4 +" : r ' .} • �� , y�.�F�;. , �t x ,lr ,�. p'•� Qara Appiication ��°' '.r �`�1. 4 '��' S _. Figure 1. Project Location Map. Wirth Lake Outlet Modification Project Feasibility Study Page 3 The initial planning esrimate of cost for the Wirth Lake outlet modification for the BCWMC Capital Improvement Program was$250,000,which includes permitting and administration costs. The Board of Water and Soil Resources has awarded this project a$75,000 Clean Water Fund grant. T'his feasibility study,including preliminary analysis and design,and opinion of construction cost,is required as part of the BCWMC implementation process. The feasibility study must be complete prior to the BCWMC holding a public hearing and ordering the project. 2.2 Goa/s and Objective The objective of the project is to prevent Bassett Creek from back flowing into Wirth Lake during periods of high water in the creek,while maintaining the lake's ability to flow to the creek when water levels allow. The resulting modifications should be designed to result in no increased flood levels along the creek and surrounding areas. This project also provides an opportunity to replace the aging treated timber weir that currently maintains the normal lake level. Z.3 Wirth Lake Background Wirth Lake(MNDNR ID 27-0037)and most of its watershed are located in the City of Golden Valley(Figure 1),within the Bassett Creek Main Stem Watershed. The remaining portion of the watershed,south of the lake,is in the City of Minneapolis. The enrire shoreline around the lake is owned by the Minneapolis Park and Recreation Board(MPRB). The lake has a surface area of 38 acres,a maximum depth of 26 feet,and an estimated mean depth of 14 feet. Wirth Lake is surrounded by significant wetland vegetatian which provides excellent waterfowl habitat. The lake is bordered by parkland and open space areas to the south and east,by Hwy. 55 to the north,and by Theodore Wirth Parkway to the west. The Wirth Lake watershed has a total area of 346 acres,excluding landlocked areas. Wirih Lake is currently listed on the Minnesota Pollution Control Agency's(MPCA)2008 303(d) Impaired Waters List due to excessive nutrients(phosphorus)which requires a Total Maximum Daily Load(TMDL)study report. The lake was first listed on the MPCA's 303(d) list for aquatic recreation in 2002. The TMDL report for the lake had a target start date of 2007 and a target completion date of 2012. The TMDL study report and implementation plan was completed by the MFCA in 2010. � Wirth Lake Ouilet Modiflcatfon Project Feasibility Study Page 4 r � � Wirth Lake is an important recrearional resowce to residents of north Minneapolis and surrounding inner-ring suburbs and it is used extensively for swimming,fishing,non-motorized boating and aesthetic viewing. As noted in the Bassett Creek Watershed Management Commission Watershed Management Plan(BCWMC WMP,2004)the City of Golden Valiey,the City of Minneapolis,the MPRB and the BCWMC have collaborated to improve the water quality of Wirth Lake for many years. 2.4 Site Conditions The exisring Wirth Lake outlet is located in the northeast comer of the lake in Theodore Wirth Regional Park. The outlet consists of an 80 foot long, 8 foot wide by 4 foot high concrete box culvert. The normal water level of Wirth Lake is maintained by a treated timber plank weir on the upstream end af the box culvert. The weir includes three,3-inch thick by 12-inch high treated wood planks. Wirth Lake directly discharges to the main stem of Bassett Creek. The timber planks maintain the normal water level(NWL)of Wirth Lake at approximately 818.0 feet (NAVD 88). The Ordinary High Water Level(OHWL)for Wirth Lake has been set by the MNDNR at 818.9(NAVD 88). The existing stone-faced concrete culvert once served as a roadway crossing of the flow out of the lake. The roadway was removed but the culvert was left in place. The existing timber weir was built onto this concrete culvert in the 1970's to hold three submerged perforated outlet pipes that extend into the lake and are covered with a gravel bed. Originally this was designed to prevent rough fish from entering the lake. 7'hese perforated pipes are not visible and ar�no longer functioning. Three shafts that controlled valves in these perforated pipes still exist and can be seen in Figure 2. These valves no longer function. Over rime the perforated pipes clogged and could not maintain the flow needed to keep the lake level stable. Therefore,one of the planks was cut out from the wooden bulkhead to form a 64-inch by 13- inch opening at the NWL. This opening currently serves as the outlet for the lake and maintains the lake levet and outlet capacity. The NWL and flow capacity must be maintained with a new structure. The water surface elevation of Bassett Creek under typical flow conditions is approximately one to two feet lower than the Wirth Lake outlet elevation. The 10-and 100-year Bassett Creek flood elevations are 820.4 and 821.5 feet,respectively,in the vicinity of the Wirth Lake oudet. Under existing conditions,bank full flows(approximately 2-year frequency)in Bassett Creek would result Wirth Lake Outlet Modification Project Feasibility Study Page 5 i in backflow from Bassett Creek into Wirth La3ce. The low point of the na#ural overflow between Wirth Lake and Bassett Creek occurs along the old road bed on top of the outlet culvert at a ground � elevation of 824.2 feet. Construction access to perform the outlet modification is expected to be reladvely easy due to the existing recreation trail system adjacent to the lake. �� T'y� ��r��'}(��!V�� ' � � �'t` '� "k,�i`'�/16� � �� " ,�t.�-}�. � � � ��. f � z�aRb i ��{ Y 1►� /. \' �: ��[��" , k��'4��'�:;�� ::"��[ , �<�� y� ��'nfr� � � �' � �� g��l Y ( � a ►� � ,�,. ` �,4`: �,� �� t p�f��,` y k.+�+.C�, . ( -P` � �° , � � ��it�'��,"�A�`� ,:,'�,'�� ° '` ,'� � . . ➢.4�� n�,y F��"�� ...� � ,�.�.� ��"��'fi��'��. '� �� y . - �� 7 '�� -�+ � � �`� - ,,,,� � ., � �..- �; .> � �*,� ,�r � ,,�,f o , " r �y+i�.+�' � �" ��fv;�Qr �y.�� 'R" ��R� '4"^ � ., ��'l��t �f, { ..e�'/ �,� ��`R ��'5�� . „�"�t ��.+ q�. �� .`y q r �r' �'►'�.��;°�1�� s, ri;� vi1 °� �,rt�_� ,t "��?� � '� -� 5p�i��LS, �"",��,a�w',� '� � :.v � ar 'w � � � M I ., r 4 .... i �" '�.� y i, � l��>�r :,� �^�,,, ��w� � ,�� .o�" .m� r � " �rP � ,e..��J�'� �r" .��,» �, .r � �. . �,. �� , -' ', c;<" W-,��y , , . ,• ' _ , . : . - �t ",�s-:g, ,,.� .. m�g . " " � C ,..f 2i, . �r �;a 1",X ' . y , � , �`# 'ak,. v j��,.+.�, !y�, y�. �... �'��° � =Y p..,. . �?,? ..� '�r.. `-vr�� . f�..f } � Z er _„�y.-�� , �`y..�..�� csx�;i��+� �� .../_' y ', ;,.».e� .. ' ��.�!►� a' �, .�. . * . �.� � p t. ��'� .3.. } ,`�� + �#1�� + ��-. r� � � f't '� � , r " "� � ��+ . � '/,� �. �;;"� #� •�. � �e:; ° ,.,�z.�`._. � , ,,�+' , t- � r' r F�d �' �s. � �� , �..�� — ��..��` h-q .�,� . ' > l ,,�- �� u� + `c' �' .4• ��n , .- .,,a �, ` .ri, � �'�'':1 t ;: sx� 7'- s " " i �R �k� !� _ •y'� l„r � «.� ,_� : p '�° «.. _ .. ..x W," „t+il'A.yYP�� f�," �,y �,'�,.. � � ' .�^5 a. 1� ��,� .. . . , ,„ . y „m„ �, . _ ,: .. � . �-_.e � �..'. ..�� " . . . � .. e. . aw Figure 2. Existing Wirth Lake Outlet Stracture. Wirth Lake Outlet Modification Project Feasibility Study Page 6 Condition of the Existing Culvert The exisring culvert is made of concrete and was faced with Platteville limestone. It was inspected for condition on April 7,2011. The culvert was found to be in very good condition and suitable for the installation of a new upstream bulkhead. A summary of the inspecrion observarions is included in the Appendix of this study. 2.5 Hydrologic Modeling This section describes the results of the 2009 floodplain analysis completed for Wirth Lake and adjacent portions of Bassett Creek from Plymouth Avenue in Golden Valley to Penn Avenue in Minneapolis as part of the TMDL study. The purpose of this floodplain analysis was to determine how Wirth Lake's flood storage affects the floodplain elevations along Bassett Creek. The following is a summary of the modeling methodology,assumptions for completing the floodplain modeling, and results of the analysis. XP-SWMM Mode! The US EPA's Storm Water Management Model(SWMM),with a computerized graphical interface provided by XP Software(XP-SWMM),was chosen as the computer modeling package for this study. The XP-SWMM model is able to use rainfall and watershed information to generate runoff hydrographs or urilize user input hydrographs that are routed simultaneously through complicated pipe and natural channel flow networks. The model can account for detention in ponding areas, backwater condirions,weirs,orifices,and backflow through culverts,all of which do occur in this study area. Version 10.6 of the XP-SWMM model was used to model Wirth Lake and Bassett Creek from the flood storage area between Plymouth Ave and Highway 55 (Golf Course Pond)to Penn Avenue. Bassett Creek was previously modeled usiag the U.S.Army Corps of Engineers HEC-1 (hydrologic model)and HEC-2(hydraulic model)models for the effective FEMA Flood Insurance Rate Maps dated September 2004. The XP-SWMM model was selected for the TMDL study due to its robust modeling capabilities,especially with regards to unsteady flow,flood storage areas,and complicated outlet structures. � Wirth Lake Outiet Modification Project Feasibility Study Page 7 XPSWMM Modeling Assumptions and Methodologies I The contributing watershed area to Wirth Lake,not including the surfsce area of Wirth Lake,is 308 acres. Watershed input parameters for the Wirth Lake watershed were calculated using geographic information systems(GIS)along with typical published values for infiltration parameters. As noted, the Bassett Creek waters�ed area was previously modeled using the HEC-i hydrologic model. Therefore,the inflow hydrographs for Bassett Creek at Plymouth Avenue for the 100-year(6 inches), 50-year(5.3-inches),and l0-year(4.2-inches)24-hour design storms were taken from the HEC-1 model and entered into XP-SWMM. In the XP-SWMM model,water can be stored in constructed basins or natural ponding areas until it reaches a certain elevation corresponding to an outlet,such as overflow via a weir, orifice and/or overland flow. Elevation-storage curves were obtained for Wirth Lake and for the'I'heodore Wirth Golf Course flood storage area north of Highway 55 on$assett Creek using a digital elevation model (DEM)developed from 2007 Light Detection and Ranging(LIDAR)data acquired by Science Applications Intemationai Corporation(SAIC)for the US Army Corps of Engineers St. Paul District. The NWL of the Theodore Wirth Golf Course flood storage area was assumed to be the same as the control structure(modified weir)elevation of 815.5. The NWL of Wirth Lake was surveyed as 818.0. The Wirth Lake outlet structure was modeled as an orifice that flows into an 8-ft wide by 3.5- ft high(considering 0.5 foot sediment depth)box culvert which discharges water to Bassett Creek. According to the Hennepin County FEMA Flood Insurance Rate Map(September 2004),the 100- year,50-year, and 10-year flood elevations at Penn Avenue are approximately 815 feet,814 feet,and 813 feet,respectively. These elevations were used as the starting water surface elevations(i.e. backwater elevations)at the downstream end of the model(Penn Avenue). Backwater can be defined as a rise in water surface elevation caused by some obstruction such as a narrow bridge or culvert opening that limits the area through which water can flow. Floodplain cross sections for Bassett Creek were obtained from the HEC-2 model,a survey completed by Barr Engineering on May 5,2009 and/or the DEM from the LiDAR data. More specifically,cross sections for the two railroad bridges located upstream of Penn Avenue,the box culvert connecting Wirth Lake and Bassett Creek,the dual box culverts under Highway 55,and the cnlvert under the Old Penn Avenue bridge crossing were also surveyed on May 5,2009. All other cross sections were obtained from the HEC-2 model,with some supplemental data obtained from the DEM. Wirth Lake Outlet Modification Project Feasibility Study Page 8 ( � � Modeling Results Two floodplain scenarios for three design storms(10-yr,50-yr,and 100-yr)were modeled in the XPSWMM model: 1. Existing Conditions: allows Wirth Lake to overflow into Bassett Creek and allows Bassett Creek to backflow into Wirth Lake. 2. Proposed Condition; allows Wirth Lake to overflow into Bassett Creek and prevents Bassett Creek from back flowing into Wirth Lake. Tables la and lb present the comparison of the peak flood elevations for the three design storms at locations along the study area between Highway 55 and Penn Avenue for the two floodplain scenarios. Conclusion The change in Bassett Creek water elevations for the three event scenarios under existing and proposed conditions(the Wirth Lake outlet preventing flow from the creek to the lake) are shown in Tables la and lb. The maximum increase for all events and locations along Bassett Creek of 0.1 feet is predicted near and downstream of the Wirth Lake outlet. This change was deemed to be insignificant in terms of impacts from flooding along the creek and is expected to produce no increases in flood damage. The model predicted the maximum increase in elevation for Wirth Lake for all modeled events would be 0.4 feet during a 10-year storm event. This short term condition would not impact buildings or other structures and would have negligible impact on the lake shoreline. i Wirth Lake Outlet Modification Project Feasibility Study Page 9 i i � Table la: Comparison of peak flood elevations for the three design storms at different locatfona for the egisNug and proposed condition scenarios. Location Peak Flood Elevation(feet above sea level-NAVD88) 100-Year, 100.Year, 50-Year, 50-Year, 10-Year, 10-Year, 24-Honr 24-Hour 24-Hour 24-Hour 24-Honr 24-Hour Eaisting Proposed Ezisting Proposed Eaiating Proposed CondfHons Conditiona Conditions Conditions Conditions Conditions Theodore Wirth Golf Course Flood Storage 824.8 824.8 824.2 824.2 822.9 822.9 Area' Wirth Lake 820.9 821.0 820.4 820.6 $19.7 820.1 Bassett Creek where 820.9 821.0 820.4 820.4 819.4 819.4 Wirth Lake inflows Bassett Creek at g 19.9 820.0 819.4 819.5 S 18.6 $18.5 Glenwood Avenue Bassett Creek at U/S g17.5 817.6 817.0 817.1 816.5 816.5 face Fruen Mill Dam Bassett Creek at M.N. g 16.6 816.6 815.7 815.7 814.4 814.4 & S.Railroad Bridge Bassett Creek at B.N. g15.5 815.5 814.4 814.4 813.3 813.3 Railroad Bridge Bassett Creek at Penn g15.0 815.d 814.0 814.0 813.0 813.0 Avenue Directly upstream of the Highway 55 control structure. Table lb: XP-SWMM modeled tlow rates from Wirth Lake to Bnssett Creek under eziating conditiona. lU0-Year,24-Honr 50-Year,24-Hour 10-Year,24-Honr Eaistin Conditions Eziatin Conditions Eaistin Conditions Peak flow rate in cubic feet per second(cfs)from Wirth 54.8 cfs 50.9 cfs 42.8 cfs Lake to Bassett Creek � � f Wirth Lake Outlet Mod�cation Project Feasibility Study Page 10 3.0 Alternatives 1'he following altematives were evaluated for backflow prevention between Bassett Creek and Wirth Lake through the existing lake outlet culvert. The following alteration alternatives were reviewed for this study: • Stop logs • Rubber Check Valve • Steel Lift Gate • Inflatable Barrier Table 2 compares the altematives evaluated to accomplish the goals in this study. The opinion of cost includes design,construction administration,construction,and a 25%contingency. Table 2. Comparison of alternatives considered. Alternative Advantages Disadvantages Opinion of Cost • relatively high cost Steel Lift Gate • reliable familiar • needs electrical service $240 000 ' • needs regular maintenance ' • high visibility � relatively lower cost � may need access hatch Rubber Check • reliable through top of culvert for $180,000 Valvee • minimal maintenance install or replacement • least visible • depends on manual Stop Loga • relatively low cost operarion,reliability Low uncertain • high cost Inflatable • flexible operation • complex High Barrier • reliability issues • needs most space Wirth Lake Outlet Modification Project Feasibility Study Page 11 i i 3.� Aufomafed Steel Lift Gate The first alteinative investigated includes replacing the exisring timber weir with a new concrete bulkhead and adding a fabricated steel lift gate. The lift gate would be fabricated from plate steel with steel ribs,and slide on a channel track with a Teflon sliding surface. The lifting mechanism would use a threaded stem gear to raise and lower the gate. 1'he gate would be powered by an electric motor and outfitted for sutomated operation. Electrical service would need to be installed to the site. This altemative would be similar to the lift gate installed by the City of Golden Valley at �Nisconsin Avenue North in 2001. Automated operation of the control struchue would allow the gate to close as the water elevation in Bassett Creek rises,preventing backflow from the creek to Wirth Lake. The system could also include controls for automated operation based on upstream and downstream creek elevations and be operated by the City of Golden Valley SCADA system. In case of electrical system problems,the gate could be manually operated with a hand wheel. T'he control structure system would include the following components: � concrete bulkhead including a flat crested weir opening • concrete surface treatment to soften the structures appearance • steel slide gate and rails • electric motor and hoist system • control panel and ultrasonic]evel transducer • master SCADA radio, control panel and PC The primary advantage of this system is demonstrated reliability due to common usage. It would provide the flexibility of automated or manua]function,further increasing reliability. This system would require at least annual inspection and test operation. Lubrication and occasional replacement of electrical and mechanical components should be expected. This installation would be in a public park area with high traffic making vandalism a possibility. That potential could be minimized by installing electrical and other wlnerable components within locked boxes or a control shed. Wirth Lake Outlet Modffication Project Feasibility Study Page 12 � Table 3. Opinion of cost for the sutomated steel lfft gate alternative. COMPONENTS OPINION OF COST($) Mobilize and demobilization 10,000 Diversion and dewatering 25,000 Demolition 10,000 Reinforced concrete bulkhead w/form liner 1U,000 Steelwork(platform,gate,fencing) 18,000 Hoist system w/electric motor 15,000 Electric service,controls and SCADA system 40,000 Engineering,permits, construction admin 72,000 Subtotal 200,000 Contingency(20%) 40,000 TOTAL 240,000 ; • - �� -�, .�,.' � . ��-�h -.4+�� .��> �-""i � ��' .�� . i:' t f�� #� M+i ' . �{-�``r 4 �,ru i3�:A . �� h �..� .t �.t+ '� � ,. � � ��+�� !" t � ��,'yt�,(�': . t.,��-, ,...��. - '} . '�'�rJ,y 'i'.�: � .. :��.. � . �.;t . � . ��.�' :. r7 � ,f�:.- J�.,�` � t:^' a`��`�;{`'��.�F, �' �� ' . � �„i.� �i l�r,Or�rn _,F ° ��` �� "y��,�''�i�� '�r CP �� ,, ,, � �y .,, .. .,� .. _...._.._.. ,:� F: t',`',` t� Q qd .. �r{.' t� :.*fµ � �"�*"'"r+yA, t' M1 i a �ff t 4 t��'�� i ti-�. � � t ~ � � s'� + �1-�� f. � � • � ° �; +�+ , �..;s, -�r� � `� I .-r = _ },� �w, r� � .`�.'dC��,� z�I:�. i ��M A t. ,.�-e%��` j� � ��d �"�� .,l;� . � �r� '�'�E',�",�'x�' .�� ! r' 1�}i 2�' "�r �� ,a y x t r,q� IC°.<✓iY�.:.�.a'.t, � i '� � � �� `"�, �,: 9�.�� »� y� ��Ip .. . .. � ��+^3.• ��,� ��_ _— �., ♦ ,�+Y . Figure 3. Example of an automated steel lift gate at Wisconsin Avenue in the City of Golden Vailey. Wirth Lake Outlet Modification Project Feasibility Study Page 13 . i 3.2 Rubber Check Val ve The second altemative includes repiacing the existing timber weir with a new weir structure that incorporates two-24 inch rubber check valves. The proposed valves would be placed inside the existing culvert so as to be out of site of park users. Installation of locking hatch gates on the top of the culvert should be installed make the structure accessible for inspection and maintenance. The rubber check valves operate by opening in response to elevated hydraulic head(or water level)at the upstream (lake side)opening,and closing in response to neutral or elevated hydraulic head at the downstream end{creek side). In its resting position it resembles a vertical duck's bill,with the downstream end of the heavy duty rubber cylinder curled shut as shown in Figure 4. Rubber check valves are in common use to prevent back flow in tidal zones and have become increasingly used for flood protection. T'he primary advantage to rubber check valves is that they generally require minimal routine maintenance or repair due to their all-rubber construction. They are passive valves,operating solely on water pressure differences,and require no outside energy source for operation. These valves are not known to warp or freeze. They typically handle large obstructions without jamming,and tend to clean themselves out under flow. Occasional maintenance to remove accumulated debris may be necessary. The manufacturer estimates these valves to have a 30 year operational life span. This option would also eliminate the need for electrical service and controls at the site,thereby significantly reducing the construction and maintenance costs of the project. The valves are custom built and require about 10 weeks from the order to delivery. The proposed conerete bulkhead required for this alternative includes two 24 inch diameter holes to fit the flanges for two 24 inch rubber check valves. The bulkhead would attach to the exisring culvert. It is recommended that the exposed surface of the bulkhead be colored,textured,or a form liner applied,to mimic the existing stone facing and blettd into the surroundings. Two 24-inch Tideflex Series 35-1 (or similar)rubber check valves should be installed using metal flange rings bolted in place. The two proposed valves would slightly exceed the existing cross- sectional area for flow and would maintain the existing outflow capacity. An opening should be cut in the top of the culvert and finished with a metal,lockable cover. A slanted"self cleaning"inlet gate should be installed that would maintain the normal water level of the lake at 818 feet(datum NAVD 88). Wirth Lake Outlet Modification Project Feasibility Study Page 14 � Table 4. Opinion of cost for constructing a bulkhead and rubber check valves. COMPONENTS OPINION OF COST(S) Mobilization and demobilization 10,000 Diversion and dewatering 25,000 Demolition 10,000 Reinforced concrete structure w/form liner 12,000 2 rubber check valves w/flanges,delivered 21,000 Inlet box and grate 5,000 Install manhole opening and cover 6,000 Engineering,permits,construction admin 61,000 Subtotal 150,000 Conringency(20%) 30,000 TOTAL 180,000 Figure 4. Photos of the Rubber Check Valve. �� '� �� , r � --"�. � � � � �� #� � • �t F� �" +�� :ix}. �.��Y +� e��F�}t:.... . `�"<� # �� . . . . . � - � � i+ .��, _ �s - Y 1 ._ ��G.;�n �' - :i��a. F�} I �� • � Y�h,��. y:.s �p. . . . v � � r ,' 0..�??,`4'`. ��ak.� :., .. t� .. ` �� 1t� �' � � �� v i �� . q '' �.� ic,:: ti:,��., d �- , ,�� F..� ��4� ,�,�,. a'��t�'�� - r '.�.��xh.: ' - . , . .. �w '4 n' +�yl.. y:..r,.. � • . . _ .. �4'..i�_. ��7l. Wirth Lake Outlet Mod�cation Project Feasibility Study Page 15 3.3 Other Alternafives Considered Stop Lo�s: The alternative of replacing the existing bulkhead with manually placed stop-logs was considered but not evaluated for cost. The main drawback of a stop-]og installation is that the open/close operation cannot be automated. Maintenance workers would need to manually place the stop-logs to prevent backflow,and then remove them after high flow events. The workers would use a special hooked pole to lift stop-logs out one-by-one. The stop-logs would be permanently stored at the site. This method has the greatest risk of not being implemented during a backflow event and was deemed to be unreliable,especially during periods of high flow late at night,or other times when maintenance staff may not be available. This alternative was not investigated further. Inflatable Barrier: The alternative of adding an inflatable dam,or weir,to the existing structure was also reviewed, The inflatable barrier would consist of a steel wall that is raised by farcing compressed air into a bladder beneath it when high water conditions exist. To house the heavy structure a large concrete apron would be required along with an electrical control system,sir compressor and a control building. This method was deemed to be fairly complex and cost more than either the steel lift gate or rubber check valve altemarives. Due to the complexity of the device,maintenance cost is also anticipated to be higher than other alternatives. The inflatable device requires much more space than is available at the Wirth Lake site and presents wlnerabilities to vandalism due to its exposure and construction. This alternative was not investigated further. yW. 4 0. � �, , l~ q � ��.;,r � ��,� �� _',t� -� ..�� -� �� ">� '�' �� t�Y�°,,. ��:�i � .� � i" ��e �� :� :. Y a o„ a �f �� 4 � � ��„�„:��'my„` .r�"'�'. v� 7� t;� � �`� '_� " Y�."�e..!'y1•.,.� _ `�f�+ , '�f�.. ... - • . _ X, S'� �y� �}4 °f �# ��3'S� � �"""" ��--. . � �'.'; ,}� i '� •'� ,�-a � II ��t •t,�, `: �� i� � 4, �° +`�"► -� - - � z �_ � 'ti` ' J �� ,� �� , M��k• .. w'"'-• �t" '�s, �`,`.� 'i �ya` $ld r �}. 's `� y�.,.. � ?j . ��'... '�i.� �t ��5�.t,..� �! �'.. �.,�'t►+�. Figure 5. Intlatable barrier at 1Vlinnehaha Creek and Lake Nokomis. Wirth Lake Outlet Modification Project Feasibility Study Page 16 „ . 3.4 /mpact of Alternatives on Fish Movemenf Cunently,the movement of fish from Bassett Creek to Wirth Lake is largely limited to periods when the level of the creek is near to that of the lake which occurs during flood conditions. Under normal conditions,the two-three foot drop at the tirnber weir would prevent all but the mosi aggressive fish species,such ss carp,from entering the lake. ' The alternatives considered for this study and described above include mechanical backflow prevention combined with a trash rack,or gate,for safety and to minimize maintenance. These features would create a soraewhat larger barrier to the movement of fish and other aquatic animals upstream from Bassett Creek to Wirth Lake than exists today. While both the proposed and exisring structures provide a substantial barrier under typical flow conditions,the considered modification altematives would block movement during flood conditions as well. This flood condition is expected to occur on average about every two years and may occur in any season. Because the change is limited in scope,the impact on the current ecology of Wirth Lake is expected to be minimal. It may result in diminishing the ability of some species from Bassett Creek to spawn in Wirth Lake. It is expected that the benefits of the modifications will include preventing the influx of nutrients during the flood events,and increased prevenrion of the migration of invasive species such as carp and zebra mussels into Wirth Lake. The MNDNR reviewed the impact of this study's proposed modifications on fish passage at the Wirth Lake outlet. The MNDNR found that a potential for minor impact to the fishery exists and declared a neutral position on the project implementation. T'he MNDNR has been stocking Wirth Lake with game fish for at least 10 years. The MNDNR fish stocking history for Wirth Lake is summarized below: 1998:290 adult black crappie 258 adult bluegill sunfish. 1999: 1,900 fingerling channel catfish. 2000: 1,900 fingerling channel catfish. 2001:2,304 yearling channel catfish. 2003: 600 adult walleye. 2007:23,000 fry walleye. 2008:40 adult walleye and 57 fingerling walleye. Wirth Lake Outlet Mod�cation Project Feasibility Study Page 17 4.0 Permits and Schedule 4.9 Constructability of Recommended lmprovements To begin the work,the area near the outlet would need to be dewatered and flow out of the lake diverted around the work area. This could be done using a temporary dike system and a water bypass duct with a pump. Appropriate erosion control would be installed. The contractor would then remove the existing timber weir,the buried metal perforated pipes and valve rod controllers,and the gravel covering on top of the pipes. Some of the existing stone faqade on the concrete culvert would also need to be removed. A new bulkhead would be placed or installed that includes two 24 inch diameter holes to fit the flanges for two 24 inch rubber check valves. These out flow ports should be as low on the wall as feasible and srill allow attachment of the check valves. The bulkhead will attach to the exisring culvert. The exposed surface of the bulkhead should be colored,textured,or a form liner applied,to blend the wall into the surroundings. Two rubber check valves would be installed inside the culvert using metal flange rings bolted in ptace. As noted an opening should be cut in ihe top of the culvert and finished with a metal,lockable cover. Construction disturbance to the park grounds would be cleaned up and restored. This project will not overlap in time or space with the Bassett Creek Main Stem restoration project scheduled for this area in 2012,and there should be no conflict between this work and the Main Stem project. It is anticipated that the City of Golden Valley will manage the construction of the structure. The implementation of this project will occur exclusively on land owned by the Minneapolis Park& Recreation Board(MPRB)and will not require formal easements. Along with an MPRB construction permit,the project will require an agreement between the City of Golden Valiey and the MPRB allowing the City to manage the project and establishing maintenance responsibilities. T'hese issues will also be addressed in the cooperative agreement between the City of Golden Valley and the BCWMC. Wirth Lake Outlet Modification Project Feasibility Study Page 18 4.2 Permifs The proposed project will require a Public Waters Work Permit from the Minnesota Department of Natural Resources(MNDNR). The project will also need a construction permit from the MPRB to cover impacts to property from the construction and access to the site. The project will also require an agreement between the City of Golden Valley and the MPRB allowing the City to manage the construction project and provide agreement for lang term maintenance. The contact for this agreement should be the MPRB Planning Department(612-230-6400). Public Waters Work Permft The MNDNR regulates projects constructed below the ordinary high water level of public waters or public waters wetlands,which alter the course,current,or cross section of the water body. Public waters regulated by the MNDNR are identified on published public waters inventory(PWI)maps. Wirth Lake is classified as a Minnesota public water,therefore the proposed work will require a MNDNR public waters work permit. This permit process is subject to a 45-60 day approval cycle. The MNDNR will want to be provided evidence that demonstrates the hydrologic impacts from the outlet modifications will not present flooding problems or raise the normal water level of Wirth Lake. Section 404 Permit The COE regulates the placement of fill into wetlands under Secrion 404 of the Clean Water Act (CWA)if the wetlands are hydraulically linked to a water of the United States. In addirion,the COE may regulate all proposed wetland alterations. No wetland impacts are proposed as part of this project. It is expected that the proposed project will involve little,if any, grading or excavation within wetlands. When final design plans are complete,this impact should be assessed and contact made with the COE. Minnesota Wetland Conservatfon Act The Minnesota Wetland Cottservation Act(WCA)regulates filling and draining wetlands and excavating within Type 3,4,and 5 wetlands. In addirion,WCA may regulate all types of wetland alteration if any wetland fill is proposed. The WCA is administered by local government units {LGLn,which include:cities,counties,watershed management organizations,soil and water Wirth Lake Outlet Modificaiion Project Feasibility Study Page 19 conservation districts,and townships. The City of Golden Valley is the LGU for the proposed projec#site. The Minnesota Board of Water and Soil Resources(BWSR)oversees administration of the WCA statewide. It is expected that the proposed project will involve little,if any,grading or excavation within wetlands. When final design plans are complete this impact should be assessed and contact made with the LGU. MPCA Guidance for Managing Dredged Materials The MPCA considers material excavated below the MNDNR's ordinary high water level to be dredged material. Because dredged material is defined as a waste and is regulated by MPCA,the MPCA has developed a guidance document for managing dredged materiat (document available on the MPCA website: http:/Iwww.pca.state.mn.us/water/dredgedmaterials.html). Dredging is not expected to be required to complete the project. If sediments are to be excavated as part of the project,joint application may need to be made to the U.S.Army Corps of Engineers (COE)for a Clean Water Act Section 404 permit. In this case,the project would also need to comply with the Minnesota Wetland Conservation Act and foliow the Minnesota Pollution Control Agency's (MPCA)guidance and permitting for handling dredged material. When final design plans are complete this impact should be assessed and contact made with the COE. MPRB Permit The project is expected tp occur exclusively on land owned by the Minneapolis Park&Recrearion Board(MPRB). The MPRB requires a construction permit for construction activity occurring on its land. The permit application can be found at: http://www.minneapolisparks.org/documents/permits/ConstPermitPacket pdf T'he project will also require an agreement between the City of Golden Valley and the MPRB allowing the City to manage the construction project and provide agreement far long term maintenance. The contact for this agreement should be the MPRB Planning Department(612-230- 6400). Wirth Lake Qutlet Modification Project Feasibility Study Page 20 � 4.4 Project Schedule The construction of the Wirth Lake outlet modifications are slated to be compleied in the winter of 2011-12. f I I , � � � � ; � i Wirth Lake Outlet Modification Project Feasibility Study Page 21 E � App�e�di�: WNirth Lake Outlet �ulver� Inspection Report 1 � Wirth Lake Outlet Modification Project Feasibility Study Page 22 Memorandum To: Tim Brown,P.E. Prom: Richard Ver Strate,P.E. SubJect: Inspection of Wirth Lake Box C�lvert Outlet Date: Apri17,2011 ProJect: 23270051.32 c: File The purpose of this memorandum is to provide documentation of the visual inspection completed on the Wirth Lake Box Culvert Outlet structure. The inspection was conducted to evaluate the condition of the structure for design and installation of a back-flow preventer based on the Wirth Lake Outlet Feasibility Study. The inspection was completed on April 7,20l 1 by Tim Brown and Richard Ver Strate of Barr Engineering. The following are observations made. Background 1. The box culvert is a 4'x8' cast-in-place reinforced concrete structure. The structure provides an overflow outlet for Wirth Lake to Bassett Creek. Wirth Lake surface water elevation is controlled by a weir at the upstream end of the calvert. The age of the structure is unknown. 2. The inlet and outlet(including wing walls)of the structure have been faced with a limestone fagade(assumed placed during original construction). 3. The Wirth Lake inlet control(weir)consists of rimber planks that are anchored to the structure. The timber planking has a smaller rectangular opening cut into it to allow water to pass from Wirth Lake to Bassett Creek. The original design of the inlet control included ihree pipes(material unknown,possibly PVC)that were extended upstream into the lake along the lake bottom. Flow through the pipes was controlled by separate valves at the inlet structure. This system did not operate as expected and thus a rectangular opening was later cut into the timber planking to provide an overflow weir. The valves are currently inoperable. The structure has been operating with the opening in the timber planldng for the past 20 years(approximately), Wirth Lake Outlet Modification Project Feasibility Study Page 23 I i I Inlet l. The left(looking downstream) wing wall concrete is badly deteriorated. The right wing wall is in good condition. 2. The limestone fagade is mostly in place. Some blocks (left wing wall)are dislodged. 3. The timber planking is in good condirion. The three vertical pipes (steel)that are used to operate the control valves are badly deteriorated. 4. The concrete apron is buried or non-existent(between the wing walls). Upstream Boa Culvert(Downstream ot'Timber Planking) 1. The left and right box culvert walls are badly deteriorated where the timber bulkhead is attached for a distance approximately 8-10 inches downstream of the timber planking. The rest of the box culvert concrete is sound and in good condition downstream from this point. As a note,before the addition of a new bulkhead to the inlet,this upstream 8-10 inches of deterioration shouid be saw cut and removed. 2. A 6-inch wide steel plate(possibly lower flange of I-Beam)was placed along the top slab of the box culvert at the upstream end. The steel plate was set flush with the bottom of the top slab. This plate or I-beam is likely used as a support for the limestone fa�ade. T'he steel plate is deteriorated and is delimitating(assumed 25%section loss). 3. The culvert bottorn slab is clean(no debris). Box height confirmed at 4 feet. Water depth measured at l'-8"at the time of inspection. Boz Culvert 1. The box culveri concrete is in good condition. T'here were no signs of deterioration,spalls, cracks,or exposed reinforcement. One small spot(approximately 2 to 3-inch diameter), located approximately 20 to 30 feet upstream from the outlet on the top slab,was only visible flaw consisting of exposed reinforcement steel with some deterioration, Wirth Lake Outlet Mod�cation Project Feasibility Study Page 24 I 2. Two eighteen-inch diameter RCP storm sewer pipe connectors exist along the right(looking downstream)wall of the structure. The furthest upstream sewer pipe is in good condition, clean(no debris},and leads to manhole structure approximately 50 feet from box culvert wall. The downstream sewer pipe is in good condition and had some(2 to 3-inch)grave] debris. No flow was observed in either sewer pipes. 3. Some sediment and debris exists(sand,gravel,sticks)along the culvert bottom. The sediment depth varies and tends to increase toward the downstream end. Downstseam Box Cnlvert(Upstream of Ontlet) 1. The box culvert concrete is in good condition. There were no signs of deterioration,spalls, cracks,or exposed reinforcement. 4. A 6-inch wide steel plate(possibly lower flange of I-Beam)was placed along the top slab of the box culvert at the downstream end,similar to the upstream consbruction. The steel plate was set flush with the bottom of the top slab.This plate or I-beam is likely used as a support for the limestone fa�ade. The steel plate is deteriorated and is delimitating(assumed 20%or less section loss). 2. Some sediment and debris(soil,gravel,sticks)along the culvert bottom. Box height measured 3'-7"from top of debris. Assume depth of debris is about 5". Water depth measured at l'-3"at the time of inspection to the top of debris. Outlet 1. T'he left and right(looking downstream)wing wall concrete is in good condition. No signs of deteriorarion,spalls,cracks or exposed reinforcement. 2. The limestone fapade is mostly in place. Some blocks on the right wing wall are missing. 3. The concrete apron between the wing walls condition is unl�own. Wirth Lake Outlet Modification ProJect Feasibility Study Page 25 COOPERATIVE AGREEMENT FOR WTRTH LAKE OUTLET MODIFICATION This Agreement is made as of this I V�day of No VeYVthC r , 20�1, by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization(hereinafter the"Commission"),and the City of Golden Valley,a Minnesota municipal corporation(hereinafter the"City"). WITNESSETH: , WHEREAS, the Commission adopted the Bassett Creetc Watershed Mariagement Commission Water Managernent Plan, July 2004 on September 16, 2004 (the"Plan"), a watershed management plan within the meaning of Minn. Stat. § 103B.231;and WHEREAS, the Plan, as amended, includes a capital improvement program ("CII'") that lists a number af water quality project capital improvements;and WHEREAS, the water quality projects identified in the CIP include modification to the Wirth Lake Outlet to prevent flow from the creek to the lake during flood periods, as more fully described in the feasibility report for the Project, prepared by Barr Engineering Company, entitled Feasibility Report for the Wirth Lake Outlet Modification—dated July 2011, which is attached and made a part hereof(the"Project"); and WHEREAS, on September 15, 2011, the Comrnission adopted a resolution ordering the Project and directing that it be constructed by the City;and WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set forth. • NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS HEREINAFTER SET FORTH,THE PARTIES AGREE AS FOLLOWS: 1. The Project will consist of the modification to the Wirth Lake Outlet in the City of Golden Valley as more fully described in the attached feasibility rapor�. 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications, and any changes to such plans and specifications,are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of Iaw. The City will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans 383773 CLL BA29�-33 1 and specifications. The City reserves the right to bid and award this project in � conjunction with other City_improvement projects as it determines to be in its best interest.The City will require the contractor to provide all payment and performance bonds required by law. '�'he City will require that the Commission be named as addirional insured on all liability policies required by the City of the contractor. The City will require that the contracfar defend,indemnify,protect and hold harniless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. The City will display a sign at the construction site stating "Paid for by the Taxpayers of the Bassett Creek Watershed". 4. The City will pay the contxactor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 5. The Commission will reimburse Seventy-Five Thousand Dollars ($75,000) from a grant from the Minnesota Board of Water and Soil Resources ("BWSR") and Twenty-0ne Thousand Eight Hundred Eighty-Nine Dollars ($21,889) from its Capital Improvement Program Closed Project Account. The Commission will use its best efforts to secure payment from Hennepin County in accordance with Minn. Stat. § 103B.251 in the amount of Eighty-Three Thousand One Hundred Eleven Dollars ($83,111) by tax levy in 2011 for collection in 2012. The total reimbursement will be up to One Hundred Eighty Thousand Dollars ($180,000) including construction and indirect costs for project design, management and construcrion observation. Out-oftpocket costs related to the Project, incurred and paid by the Commission for publication of notices; securing County tax levy,preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the ta�c settlement from Hennepin County. All funds in excess of such expenses are availabie for reirnbursement to the City for costs incurred by the City in the design and construction of the Project. Reimbursement to the City will be made as soon as funds are available provided a request for payment has been received from the City providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to the City will not exceed the amount specific in paragraph S for the Project Reimbursement wiIl not exceed the costs and expenses incurred by the City for the Project,less any amounts the City receives for the Project as grants from other sources. 7. All City books,records,documents,and accounting procedures related to the Project are subject to examination by the Commission. 383773 CLL BA295-33 2 8. The Ciry will secure all necessary local, state, or federal permits required for the construction of the Project and will not proceed v�tith the Project until any required environmental review is completed. Upon completion of the Project, the City will assume responsibility for its maintenance. 9. The City agrees to assume responsibility for the routine maintenance of the project in accordance with the City Maintenance Agreement with the Minneapolis Park and Recreation Board (Board). 'The Commission will be respansible for major maintenance of the project which is understood to include replacement of any of the major structural components of the project. The City will make the Commission aware of the need for major maintenance as soon as it becomes aware of the need in order to allow the Commission adequate rime to plan for the construction and financing of the major maintenance. IN WTTNESS W�-IEREOF, the parties have caused this Agreement to be executed by their duly authorized officers'on behalf of the parties as of the day and date first above written. BASSETT CREEK WATERSHED MANAGEMENT COMMISSION By: Its �/j C2 l�Yt U i i� And by: I ecretary CITY OF GOLDEN VALLEY By: Its Mayor And by: Its Manager 383773 CLL BA295-33 3 resourcefui. naturaHy. �A�� engineering and environmentai consultants March 1,2011 Mr.Jeff Oliver,City Engineer City of Golden Valley,City Hall 7800 Golden Va11ey Road Golden Valley,MN 55427 Re: Agreement for Design and Construction Coordination of the Wirth Lake Outlet Modifications Dear Jeff: Thank you for the opportunity to provide engineering services to the City for modifying the Wirth Lake outlet structure.The Implementation Plan for the Wirth Lake TMDL calls for modifying the outlet structure to prevent flow from the creek to the lake during flood periods. Control structure modifications are expected to include replacing the existing bulkhead with a fabricated steel gate and a water level monitoring and automatic gate control system.The optimal modifications will be identified in the Wirth Lake Outlet Modification Feasibiliry Study.This engineering estimate includes final design,preparing plans and specifications, construction coordination,preparing Department of Natural Resources and Minneapolis Park Board permit applications,and preparing an operation plan.Table 1 summarizes the work items and the esrimated cost.At the direction of the City,this scope may be revised to reflect outcomes of the Wirth Lake Outlet Modifications Feasibility Study when completed. Project Scope The following work tasks have been included in the project. 1. Final Design and Plans The existing control structure is a fixed crest weir.The scope of this project includes final design of modifications to prevent backflow from the creek entering the lake. The scope assumes that: • A steel gate structure of custom design will be the method chosen, • The existing box culvert is suitable for the installation to occur upon it(to be confirmed during ' feasibility study), Barr Engineering Co. 47t}0 West 77th Street,Suite 200, Minneapol;s, MN 55435 952.$32.260{l www.barr.com , To: Jeff Oliver,City of Golden Valley From: Barr Engineering Company SubJect: Wirth Lake Outlet Modifications Scope Date: March 1,2011 Page: 2 • The existing bulkhead is replaced by a new weir/bulkhead structure, • Need for additional site data is minimal and that data available from the MPRB,City,and Barr files are adequate. This scope includes final design of the following features: • Control Structure: The proposed control structure modification includes replacing the existing bulkhead/weir with a fabricated steel lift gate. • Lift Gate: An appropriate lift gate will be specified that is compatible with the structural modifications,hydraulic conditions,and anticipated operations.The lift gate will be fabricated from plate steel with steel ribs,and would slide on a channel track with a Teflon or other sliding surface. • Lifting Gears: The lifting mechanism will be designed to be compatible with the gate. • Automation: Electrical controls and a motor will be specified for automated operation.The design will incorporate water level sensors to the control structure and allow for remote operation of the gate. The control system will tie into the City of Golden Valley's SCADA system. • Manual Operation: the system will be designed to provide for manual operation should electronic options fail. • Construction Cost Estimate: an estimated construction cost estimate will be prepared based on information from equipment suppliers and bids on similar past projects. Plans will be assembled and arranged in a format for competitive bidding.We anticipate the bid package to include the following drawings: • Cover sheet showing project location • Existing conditions and proposed layout • Gate details � Electrical and mechanical plans 2. Bidding Documents 8� Bid Administration Bidding documents will be prepared for competitive bidding and subsequent construcrion of the project. This task includes preparing technical specifications and incorporating front-end documents for construction of the new structure.Front-end documents will consist of Instructions to Bidders,Bid Form, Agreement,General Conditions,and Supplementary Conditions.The front-end documents will be based on Golden Valley's standard construction documents and will be provided by the City.Technical specifications will be prepared using the Construction Specificarions Institute(CSI)standard format. The ' W:�Business Units\WR�Proposa1s�2011�P022.11 City of Golden Valley Wirth Lk Mod DesignlWirth Oudet design agreement letter revised 3-Ol-1 l.docx To: Jeff Oliver,City of Golden Valley From: Barr Engineering Company Subject: Wirth Lake Outlet Modifications Scope Date: March 1,2011 Page: 3 Contract Documents will provide potential contractors with the necessary information to bid on the project and also to perform the work. Bid administration will consist of reproduction and distribution of contract documents(20 copies), preparation of advertisement for bids,preparation of addenda,assistance during contract offering period including answering bidder questions and review of submitted bid forms. 3. Permit Applications Department of Natural Resources(MN/DNR)and Minneapolis Park&Recreation Board permit applications will be prepared and submitted for the project. 4. Construction Services Regular construction observation and contract administration tasks are included in the scope.These costs are dependent on the Contractors schedule,changes in the work and the amount of observation desired by the City.Barr will provide daily on-site observation during construction activities to ensure that the selected contractor is performing the work in accordance with the Contract Documents.Construction services include: • daily site visits,as necessary(this scope assumes 20 hours of observation per week for 4 weeks) • clarifying of the Contract Documents to the contractor during the construction process, • issue field orders and change orders as necessary for the complerion of the project, • review of payment applications(this scope assumes one submittal), • preparation of record drawings. 5. Operations and Maintenance Plan An operarions and maintenance plan will be prepared for the control structure.The plan will indicate any operational procedures,and outline required maintenance for the proposed control structure at Wirth Lake. Estimated Cost and Schedule The following table summarizes the estimated costs associated with each task described above in the scope of services.Assumptions associated with these costs are included in the above text. W:�Business Units\WR�Proposa1s�2011�P022.i 1 City of Golden Valley Wirth Lk Mod Design\Wirth Ondet design ageement letter revised 3-Ol-1 l.docx To: Jeff Oliver,City of Golden Valley From: Barr Engineering Company Subject: Wirth Lake Outlet Modifications Scope Date: March 1,2011 Page: 4 Task Description of Task Amount Estimated Completion 1 Final Design and Permit Drawings $32,000 July 31,2011 2 Bidding Documents $10,800 August 30,2011 3 Permit Appiications $4,500 August 30,2011 4 Construction Services $12,100 March 30,2012 5 Operations and Maintenance Plan $8,600 May 30,2012 Total Estimated Project Cost $68,000 May 30,2012 Also included in the table above is the estimated completion date for the project.The schedule will be coordinated with Golden Valley staff and assumes timely completion of the feasibility study by the BCWMC. This Ageement 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.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 approximately monthly.The cost of the services will not exceed$68,000 without prior approval by the city. We understand you or your designees have the authority to direct us.We will direct communications to you at the City of Golden Valley,7800 Golden Valley Road.Direction should be provided to me at the letterhead address. During the term of this Agreement,we will maintain the following insurance coverages: Worker Compensation.........................................................................................................Statutory Employer Liability......................................................................$SOOK per claim/$SOOk aggregate Comprehensive General Liability.................$1M per claim/$2M aggregate,combined single limit Automobile.............................................................................................$1M combined single limit Umbrella/excess policy as to above coverages.........................................................$lOM aggregate Professional Liability(claims-made).................................... $SM per claim/$SM annual aggregate W:�Business Units\WR�Proposa1s�2011�P022.11 City of Golden Valley Wirth Lk Mod Design\WirtU OuUet design agreement letter revised 3-01-1 l.docx To: Jeff Oliver,City of Golden Valley From: Barr Engineering Company Subject: Wirfh Lake Outlet Modifications Scope Date: March 1,2011 Page: S 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 P James .Herbert,P.E. Vice esident Accepted this_day of ,2011 Golden Va11ey By • Thomas D.Burt Its City Manager Attachxnents Standard Terms—Professional Services Fee Schedule W:�Business Units\WR�Proposa1s�2011�P02211 City of Golden Valley Wirth Lk Mod Design\Wirth Oudet design agreement letter revised 3-01-]l.docx 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 7: 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 Monitoring wells are your property and you are commenting on,supervising,or providing the means and responsible for their permitting, maintenance and methods of their work unless we accept any such duty in abandonment unless we accept that duty in writing. writing. We will not be responsible for the failure of your Samples remaining after tests are conducted and field contractors to perform in acc�rdance with their and laboratory equipment that cannot be adequately undertakings. cleansed of contaminants are your property.They will be 1.5 We will provide a health and safety program for our discarded or returned to you, at our discretion, unless within 15 days of the report date you give written employees, but we will not be responsible for contractor, direction to store or transfer the materials at your job,or site health or safety unless we accept that duty in expense. writing. 1.6 Estimates of our fees or other project costs will be based 3.3 Our reports, notes, calculations, and other documents, on information available to us and on our experience and and our computer software and data are instruments of knowledge. Such estimates are an exercise of our our Services, and they remain our property, subject to a rofessional ud ment and are not license to you for your use in the related project for the p j g guaranteed or purposes disclosed to us. You may not use or transfer warranted. Actual costs may vary. You should add a contingency. our reports to others for a purpose for which they were not prepared without our written approval. You agree to 1.7 The information you provide to us will be maintained in indemnify and hold us harmless from claims, damages, confidence except as required by law. and expenses, including reasonable attorneys' fees, arising out of any unauthorized transfer or use. Section 2: Your Responsibilities 3.4 Because electronic documents may be modified 2.1 You will provide access to property as required. intentionally or inadvertently, you agree that we will not 2.2 You will provide us with prior reports, specifications, be liable for damages resulting from change in an plans, changes in plans, and information about the electronic document occurring after we transmit it to you. project which may affect the delivery of our Services. �n case of any difference or ambiguity between an You will hold us harmless from claims, damages, and electronic and a paper document, the paper document related expenses, including reasonable attomeys' fees, shall govem. When accepting document transfer in involving information not timely called to our attention or electronic media format, you accept exclusive risk not correctly shown on documents you furnished to us. relating to long-term capability, usability, or readability of 2.3 You a ree to rovide us with emer enc documents, software application packages, operating g p g y procedure systems,and computer hardware. information and information on contamination and dangerous or hazardous substances or processes we 3.5 ff you do not pay for the Services in full as agreed, we may encounter in performing the Services. may retain reports and work not yet delivered to you and you agree to return to us our reports and other work in 2.4 You agree to hold us harmless as to any claim that we your possession or under your control. You agree not to are an owner, operator, generator, transporter, treater, use or rely upon our work for any purpose until it is paid storer, or a disposal facility within the meaning of any for in full. law governing the handling, treatment, storage, or disposal of dangerous or hazardous materials. Section 4: Compensation 2.5 Site remediation senrices may involve risk of 4.1 You will pay for the Services as agreed upon or contamination of previously uncontaminated air, soil, or according to our then current fee schedules if there is no Documentl Ver.05/18/10 other written agreement as to price.An estimated cost is increased fee is not the purchase of insurance. not a firm figure unless stated as such and you should allow for a contingency in addition to estimated costs. 5.5 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our 4.2 You agree to notify us of billing disputes within 15 days Agreement and, at our option, we may terminate all of and to pay undisputed po�tions of invoices within 30 our duties without liability to you or to others. days of invoice date. For balances not paid under these 5.6 If we are involved in legal action to collect our terms, you agree to pay interest on unpaid balances beginning 10 days after invoice date at the rate of 1.5% �mpensation, you agree to pay our collection per month, but not to exceed the maximum rate allowed expenses, including reasonabie attorneys'fees. by law. 5.7 The law of the state in which the project site is located 4.3 If you direct us to invoice another,we will do so, but you will govern all disputes. Each of us waives trial by jury. agree to be responsible for our compensation unless you No employee acting within the scope of employment provide us with that person's written acceptance of the shall have any individual liability for his or her acts or terms of our Agreement and we agree to extend credit to omissions and you agree not to make any claim against that person. individual employees. 4.4 You agree to compensate us in accordance with our fee Section 6: Indemnification schedule if we are asked or required to respond to legal 6.1 Each of us will indemnify and hold harmless the other process arising out of a proceeding to which we are not from and against demands, damages, and expenses to a party. the comparative extent they are caused by the negligent 4.5 If we are delayed by factors beyond our control,or if the acts, omissions, or breach of contract of the project conditions or the scope of work change, or if the indemnifying party or of those others for whom the standards change, we will receive an equitable indemnifying party is legally responsible. adjustment of our compensation. 6.2 To the extent that may be necessary to indemnify either 4.6 In consideration of our providing insurance to cover of us under Section 6.1,you and we expressly waive, in claims made by you,you hereby waive any right of offset favor of the other only, any immunity or exemption from as to payment otherwise due us. liability that exists under any worker compensation law. Section 5: Disputes,Damage,and Risk Allocation Section 7: Miscellaneous Provisions 5.1 Each of us will exercise good faith efforts to resolve �� We will provide a certificate of insurance to you upon disputes without litigation. Such efforts will include a request. Any claim as an Additional Insured shall be meeting attended by each party's representative limited to losses caused by our sole negligence. empowered to resolve the dispute. Disputes (except 7.2 This Agreement is our entire agreement, and it collections)will be submitted to mediation as a condition supersedes prior agreements. Only a writing signed by precedent to litigation. both of us making specific reference to the provision 5.2 We will not be liable for special, incidental, modified may modify it. consequential, or punitive damages, including but not 7.3 Neither of us will assign this Agreement without the limited to those arising from delay, loss of use, loss of written approval of the other. No other person has any profits or revenue, loss of financing commitments or rights under this Agreement. fees, or the cost of capital. Each of us waives against the other and its subcontractors, agents, and employees 7•4 A writing may terminate this Agreement.We will receive all rights to recover for losses covered by our respective an equitable adjustment of our compensation 'rf our work property/casualty or auto insurance policies. is terminated prior to completion as well as our fees and expenses on the basis agreed upon through the effective 5.3 We will not be liable for damages unless you have date of termination. notified us of your claim within 30 days of the date of your discovery of it and unless you have given us an 7•5 We will not discriminate against any employee or opportunity to investigate and to recommend ways of applicant for employment because of race, color, creed, mitigating damages, and unless suit is commenced ancestry, national origin, sex, religion, age, marital within two years of the earlier of the date of injury or loss status, affectional preference, disability, status with and the date of completion of the Services. regard to public assistance, membership or activity in a local human-rights commission, or status as a specially 5.4 For you to obtain the benefit of a fee which includes a disabled, Vietnam-era, or other eligible veteran. We will reasonable allowance for risks, you agree that our take affirmative action to ensure that applicants are aggregate liability will not exceed the fee paid for our considered, and employees are treated during their services or$50,000,whichever is greater,and you agree employment,without regard to those factors.Our actions to indemnify us from all liability to others in excess of will include, but are not limited to notifications, hiring, that amount. If you are unwilling to accept this allocation promotion or employment upgrading, demotion,transfer, of risk, we will increase our aggregate liability to recruitment or recruitment advertising, layoffs or ' $100,000 provided that,within 10 days of the date of our terminations, rates of pay and other forms of Agreement, you provide payment in an amount that will compensation, and selection for training or increase our fees by 10%, but not less than $500, to apprenticeship. End of Standard Terms ' compensate us for the greater risk undertaken. This Document1 Ver.05/18/10 G ��; .. , � Public Works o � �� a e �� ¢�� 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. R. Approval of Agreement with Short Elliott Hendrickson for Inflow and Infiltration Inspection and Program Monitoring Services Prepared By Jeannine Clancy, Director of Public Works Summary In 2006, the City completed a study regarding inflow and infiltration (I/I) into the sanitary sewer system. The work plan included in the I/I study has been approved by the City Council and ordinances have been adopted to provide for the inspections of private property. Since 2006, Staff has been working with Short Elliot Hendrickson (SEH) to complete private property inspections, collect data on sewer flows and groundwater, and respond to programmatic challenges and opportunities. Staff has requested that SEH provide a proposal to continue their work on the I/I program. Their scope of work includes the following areas: 1. Private Property Inspections: Since 2006, the SEH has completed 2,756 inspections. The following rates are proposed by SEH and have not changed since January 1, 2009: Residential Property: $200 per inspection Condominium Property: $200 per address Commercial Property $400 per inspection Unable to Inspect: $75 per trip 2. Long-Term Flow Monitoring: SEH provides support services and data analysis regarding the program. This data assists with program evaluation and identification of areas in the community where I/I is of significant concern. 3. SEH and Staff meet as needed to discuss inspection program concerns, challenges, and opportunities, and to discuss technical assistance on meeting MCES program requirements. Since the inception of the program, SEH and Staff has endeavored to provide an inspection program with a high level of customer service in a cost-effective manner. While property owners have expressed concern about the requirements of sewer service inspection program, many have been complimentary about the work performed by the City's consultant. Furthermore, work performed by SEH is as needed and as directed by the Public Works Department. Attachments Letter agreement from Short Elliott Hendrickson, Inc. dated December 1, 2011 (4 pages) Recommended Action Motion to authorize the City Manager to sign the agreement with Short Elliott Hendrickson for inflow and infiltration inspection and program monitoring services. December 1,2011 RE: CiTy of Golden Valley,Minnesota UT Abatement Program Agreement Private Property(POS &PMP) Inspections,Monthly UI Meetings and Long Term Flow Monitoring SEH No. GOLDV 114690 10.00 Ms.Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427-4588 Dear Jeannine: As requested,the following letter agreement identifies the work tasks necessary to continue providing support to City staff on their inflow and infiltration(UI)reduction program. The work outlined in this document will be completed in according to our existing Master Services Agreement dated January 20, 1998 between Short Elliott Hendrickson Inc. (SEI�and the City of Golden Valley. The enclosed scope of work outlines SEH project responsibilities for supporting Golden Valley's on- going efforts to complete the following: • Private Property Sump Pump and Sanitary Sewer Lateral Inspections o Point of Sale(POS)Program o Pavement Management Program(PMP) • Long Term Flow Monitoring Program • Bi-Monthly I/I Meetings Under the private property inspection program which began in 2006, SEH staffwill conduct the inspection of sump pumps and sanitary sewer laterals on PMP and POS properties. SEH will provide technical support to city staff for continued implementation of the flow monitoring program including on-call maintenance services, data analysis and progress reporting.A long term flow monitoring program within the sanitary sewer collection system will enable Golden Valley staff to evaluate the UI reduction. The addition of wastewater flow meters within the City's sanitary sewer collection system, integrated with the MCES permanent flow monitoring stations,will allow for the continuous evaluation wastewater flow response to rainfall over the next ten years. SEH wil�also be available to attend six meetings each year with city staff to discuss UI program needs and help Golden Valley identify long range I/I reduction trends and,as needed,evaluate any future steps necessary to meet the MCES Surcharge Program. Work Scope The following work tasks will be conducted annually as needed by the City to address UI within the Golden Valley sanitary sewer collection system. The scope of work is as follows: SF�or�EIt€ott�°fend€-ickson lesc.,3535 Vadnais Center Drive,St.Paul,f�iN 55 1 1 0-5196 SEH is an equal opportunity employer � www.sehinc.carn � 651.490.2006 � 800.325.2055 j 651.490.2150 fax Ms.Jeannine Clancy December l,2011 Page 2 L Private Property Sump Pump and Sanitary Sewer Lateral Inspections A. City staff will arrange the appointments for the PMP or POS inspections and schedule follow-up inspections. B. SEH field technicians will: 1. Perform a visual inspection to determine if the sump pump installation is in compliance with the City ordinance. 2. Perform an inspection using a closed circuit television camera(CCT�to determine if the condition of the service lateral is in compliance with the City ordinance. 3. Document the findings of inspection in an electronic format(digital or DVD)and hard copy form. 4. Provide a copy of the documentation to the home owner or their representative upon completion of the inspection. 5. Provide a copy of the documentation and a copy of the CCTV inspection(digital or DVD)to the City within seven days of the completion of the inspection. C. The City will work with those properiy owners that need to bring their properties into compliance with the City ordinance. D. SEH,when requested by the City,will re-inspect a property to determine if that properly is in compliance with the City ordinance. Il. Long Term Flow Monitoring Program A. SEH will provide on-call flow meter maintenance as requested by City staff.An SEH technician will work with City staff to make sure all the flow meter equipment is operational and properly calibrated. B. Golden Valley staff will be responsible for collecting groundwater data from City's piezometers and providing SEH with the data every month for review and evaluation. C. SEH will review the flow meter data supplied by city staff during a monthly I/I meeting or on an as needed basis to determine if any equipment adjustments are needed and that the meters are producing reliable data. An annual flow monitoring summary report and council progress reports will be developed based on the analysis of the portable flow meter data,the MCES permanent meters,rainfall data and groundwater readings collected throughout the year. D. In December,city staff will evaluate the need to send any of the flow monitoring equipment in for service or calibration to Teledyne Isco. The existing flow meters owned by the City will be used to facilitate service of the equipment by rotating the units so that each meter can be sent back for repair or calibration in advance of flow monitoring the next year. IIl. UI Meetings As requested, SEH will attend occasional meetings with City staff to review the progress of the UI reduction program,coordinate field activities,review flow monitoring data, Ms. Jeannine Clancy December 1,2011 Page 3 developments or practices learned by other metro communities and discuss/evaluate MCES activities in regard to the surcharge program. Project Cost Based on the work scope provided in this letter agreement, SEH would provide our services in accordance to the cost estimates identified in this section. Service Lateral Inspection The private property inspections would be invoiced monthly based on an inspection fee as outlined below. Residential Private Property...................................$200 per inspection Condominium Private Property..............................$200 per address Commercial Property..............................................$400 per inspection Unable to Inspect....................................................$75 per trip These inspection costs have not been changed since January l,2009 and will remain in effect through 2012. The above fees will apply to both the POS and PMP programs.As you have seen from competitive selections for other metro area communities,the inspection fees are consistent with current price solicitations in which SEH has been awarded the inspection program work. Our goal is to continue providing value based inspection services for the City of Golden Valley. Over the past two years,the City has performed an average of 650 inspections each year.We do not anticipate any change in service and personnel to complete future inspections in Golden Valley and will continue to work with your staff following the existing protocol used currently to complete all private property inspections. We would reserve the right to make any adjustment to the fee schedule for future inspections but only upon agreement of both parties in the form of an agreement similar to this document. Long Term Flow Monitoring The breakdown of SEH field support services and data analysis/reporting for the long term flow monitoring each year assuming six site visits for on-call support to the City and quarterly reporting is as follows: On-call Meter Maintenance Support.......................$5,500 Data Analysis and Annual Report...........................$14,000 I/I Meetings SEH would be available for six(6)monthly meetings with City staff to provide technical assistance on I/I reduction measures and MCES program requirements. SEH will not annually exceed$8,500 without your written approval for this work. Each work task(POS&PMP inspections,flow monitoring and UI meetings)will be identified under a separate project invoice each month. The long term flow monitoring and the attendance of UI meeting will be invoiced based on the actual hours spent on each project by employee using staff Ms.Jeannine Clancy December 1,2011 Page 4 rates consistent with our master agreement with the City of Golden Valley. Project expenses will be billed to the City without a mark-up consistent with our master agreement. This letter agreement represents the entire understanding between the City of Golden Valley and SEH for these proposed UI services. If you are in agreement with the terms of this letter,please execute the agreement with the proper signatures and return one copy to our office. If you have any questions relating to this project,please call me at 651.490.2144. We look forward to continue working the City of Golden Valley on this important issue. Sincerely, SHORT ELLIOTT HENDRICKSON INC. . � Kirb an Note,PE Project Manager ah Accepted this day of , 2011 CITY OF GOLDEN VALLEY,MINNESOTA By: Title: c: Jeff Oliver, City of Golden Valley Sue Mason, SEH Alva Rankin, SEH s:lfi�g�goldv�106803�2-mgmt\jeannine c_lep.er ageemem 2010 sept 29.docx � �'� ��`� � ��la�, "�� '��il ��h�i�,�� ; O � � �� Public Works e 763-593-8030/763-593-3988 (fax) Executive Summary for Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. S. Letter Regarding Winter Maintenance of Three Rivers Park District Trail System Prepared By Jeannine Clancy, Director of Public Works Summary At the December 13, 2011 Special City Council meeting, staff was directed to prepare a letter for submission to Three Rivers Park District regarding winter maintenance of the Luce Line Trail. The City sent a similar letter last January, and this letter follows up that correspondence and reminds the Park District of the City's reques# as they complete their budget process. Attachments Luce Line Trail (Winter Maintenance) Map (1 page) Draft letter to Larry Blackstad, Board Chair, Three Rivers Park District (1 page) Recommended Action Motion to authorize the Mayor to send a letter to Three Rivers Park District requesting that the Park District maintain the Luce Line Trail during the winter months. � � � � � — — � ca L � �, � W � � � ~ � LL a� U � .� � � `" �� J Z � E 3 cn Q � — Q � ` 'c��o �� c � a � �' a� o � � Z c � c � � Z � W � Y J > � � °o W Z ,� a, � � � � � � � � � J c _ Q � � � � � � J � a� > o y- �o � w � � � °, � a�i � W � �/ � a� o � � C� m U W � � c m o� � � � � � �° � � � �-� J � Z °� �_ y.�� _ � o � m� � cU " ^ �i � ai `.` aj i 0 O� °D --------------- ---r------------- -_"_'- ----_"_--- ----�--=-'-------• --------- --- -- � I -i � . � I -I �H ang u}tuaZ � I �� i I I '\ � � �' � � � ; � , , : . � � _; � . .-----.--.--------..- ------- 7` I ,� ' i a i , � r� i � , � .�. � auE� nnop�ay�i �<, ��w,.�r � / - - -------------------------1 � � . 1 x � a � � w � , , � ��,_. � ; � d..,�. � , i � ,� .w.�,��.,._� _ ,._M, .�_.._:_w_., _,,�'j�+ .� . ; , �� „w� i � ...� 'V'T8�'' �,,.,,// � � ... � 0 � � . w . ..... 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H � � co � � � �} � Q � � .. �� .�.� I�1j aA� xII�EaaQ N � � � , � � �.,,- a � � p, ,� � o v E �...�_...� , d . _ � o � �� ro � — ., ,y � m a� Z @ = n � � � ' . � � �� > ,�f' d �' ( �> >'�r' a�i � � "" ' -_a�a aci a�o a � u oss a ua X ti i P IA[ . I_,. __. � ty � 1 O� � �o>c�.'�.m __�_ __ _ ----�---- -------- ---------- - _'�j� - . o �n —�—I I i'"�— � �-"�"� ��-J/ _t � � I�� --� o M U U�C�� CZ��C1� �r� �. � � � 7�00 Ca�ld�n i6�11��Rt�,�d �a�ld�r�V�II�y,t��l 554�27 December 21, 2011 Mr. Larry Blackstad, Chair Board of Commissioners Three Rivers Park District 3000 Xenium Lane North Plymouth, MN 55441 Dear Mr. Blackstad: As you know, the City of Golden Valley is fortunate to have a portion of the Luce Line Trail running through our community. Since the completion of the trail in 2009, it has been actively utilized by residents of Golden Valley, as well as those pedestrians and bicyclists from the greater area who seek opportunities for active living throughout the year. As a follow up to my letter in January 2011, the Golden Valley City Council and I ask that the Three Rivers Park District amend their practices relating to winter maintenance of the trail system. Because the Park District does not maintain the trail in the winter, the City receives numerous complaints as well as requests from citizens who would like the City to maintain the trail. Since the trail is a regional facility, winter maintenance of it should rest with the Three Rivers Park District, the owner of the trail system, not the local unit of government in which it lies. As the Park District prioritizes its budget expenditures for 2012, we ask that you consider this request and make budget adjustments so that winter maintenance of the Luce Line Trail by the Park District can begin immediately, if possible. Thank you for your consideration. My staff and I look forward to our continued efforts to work with you to provide year-round regional facilities in our community. Sincerely, Linda R. Loomis Mayor c: City Council Joan Peters, District Three Representative Chris Gears, Superintendent, Three River Park District Tom Burt, City Manager Jeannine Clancy, Director of Public Works Rick Jacobson, Director of Parks and Recreation 7�3-��3-�� :xa�763-593-$109 �_.�,76�-593-396� ��r��nr.goldenvalley�re�.�� = G ` ��,, � h�� (� � � i� �P��I+i�� '� �'� � � �� Rlanning , �� 763-593-8095/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. T. Second Consideration - Ordinance #477 - Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements Prepared By Joe Hogeboom, City Planner Summary The City is proposing to institute an ordinance that will amend City Code by creating requirements for waste haulers who are licensed in the City. The proposed ordinance, set to amend Chapter 6.35, Subdivision 2 of the City Code, is currently before the Cauncil for Second consideration. The proposed ordinance, recommended for adoption by the Environmental Commission, was approved on first consideration on December 6. If the Council adopts the ordinance on its second consideration, it will be effective upon publication. Attachment Ordinance #477, Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements (2 pages) Recommended Action Motion to adopt on Second Consideration, Ordinance #477, Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements. ORDINANCE NO. 477, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amendment to Section 6.35 Regarding Waste Hauler Contract and Licensing Requirements The City Council of the City of Golden Valley ordains as follows: Section 1. City Gode, Section 6.35, Subdivision 2 is hereby deleted in its entirety and a new Subdivision is hereby adopted to read as follows: Subdivision 2. Contract and Licensing Requirements. A. Residential Disposal of Waste. Every household, including occupants of multi-family dwellings with four (4) or fewer units, must either directly or through the owner or manager of a multi-family dwelling unit: 1. have a contract for at least bi-weekly collection of garbage and refuse with a hauler licensed by the City; or 2. apply for and receive a waiver of the above requirement by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. B. Commercial Disposal of Waste. Each owner or manager of a commercial establishment, or multi-family dwelling with greater than four (4) units must: 1. have a contract for at least weekly and as often as once each business day if necessary to protect the public health, safety and general welfare, for collection of garbage and refuse with a hauler licensed by the City; or 2. apply for and receive a waiver of the above requirement by showing evidence of the use of an environmentally sound alternative for garbage or refuse collection. C. Failure to have a contract with a licensed hauler of garbage and refuse, or to have received a waiver from the City is a misdemeanor punishable as set forth in this Chapter. D. License Required. It is unlawful for any person to collect or transport garbage, recyclables or refuse for hire without having first secured a license from the City. E. License Requirements. In addition, to the requirements otherwise set forth in this Section for the issuance and maintenance of a license to collect or transport garbage, recyclables or refuse, each licensed hauler is obligated to show evidence of ability to comply with the following requirements when it submits its license application for hauling or transporting garbage, recyclables or refuse, and continue to comply with such requirements while hauling garbage, recyclables or refuse, as follows: 1. Haulers must ofFer separate durable yard waste containers. 2. Haulers must offer solid waste and yard waste containers that are not easily corrodible or combustible and which are made from at least fifty percent (50%) post-consumer recycled material. 3. Haulers must haul yard waste from April 1 to November 15, and as otherwise designated by the City Manager's designee. 4. To accommodate the needs of the physically challenged and disabled, and to promote the health, safety and general welfare of the residents of the City, each hauler shall provide valet service for seniors and the physically disabled among its contract options. Section 2. If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid in whole, or in part, by any court of competent jurisdiction, such portion will be deemed severable and such unconstitutionality or invalidity will not affect the validity of the remaining portions or this law, which remaining portions will continue in full force and effect. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and City Code Chapter 6, Section 6.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance will be effective upon passage and publication in accordance with law. Adopted by the City Council this 20th day of December, 2011. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Susan M. Virnia Susan M. Virnig, City Clerk � o� : :: � �/ P Finance 0 �~ W `�s� �4 �/ 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. U. Receipt of November 2011 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report on the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing Fund (Enterprise Fund) Storm Utility Fund (Enterprise Fund) The revenues and expenditures show current month actual and year-to-date actual compared to the 2011 approved budget. General Fund Operations: The 2011 unallotment from the State is estimated at $369,240. The receipt of Market Value Homestead Credit (MVHC) will not take place in November and December. As of November 2011, the City is using $3,194,093 of fund balance to balance the General Fund budget. Attachments November 2011 General Fund Financial Report - unaudited (2 pages) November 2011 Conservation/Recycling Fund Financial Report (Enterprise Fund) - unaudited (1 page) November 2011 Water and Sewer Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) November 2011 Brookview Golf Course Financial Report (Enterprise Fund) - unaudited (1 page) November 2011 Motor Vehicle Licensing Fund Financial Report (Enterprise Fund) - unaudited (1 page) November 2011 Storm Utility Fund Financial Report (Enterprise Fund) - unaudited (1 page) Recommended Action Motion to receive and file the November 2011 Financial Reports. City of Goiden Valley Monthly Budget Report-General Fund Revenues November, 2011 (unaudited) Percentage Of Year Completed 92.00% Over % 2011 November YTD (Under) of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $11,702,050 0 $6,052,152 ($5,649,898) 51.72°/a (1) Licenses 166,865 4,272 209,601 $42,736 125.61% Permits 576,400 64,680 895,003 $318,603 155.27% Federal Grants 0 0 12,797 $12,797 (6) State Aid 10,500 10,539 102,577 $92,077 976.92% (4) Hennepin County Aid 0 950 3,800 $3,800 Charges For Services: General Government 37,725 14,472 46,322 $8,597 122.79% Public Safety 190,115 19,075 205,660 $15,545 108.18% Public Works 124,000 10,295 114,883 ($9,117) 92.65% Park& Rec 392,200 15,615 390,075 ($2,125) 99.46% Other Funds 981,500 10,637 759,556 ($221,944) 77.39% (5) Fines& Forfeitures 250,000 26,657 253,484 $3,484 101.39% (2) Interest On Investments 100,000 0 1,012 ($98,988) 1.01% (3) Miscellaneous Revenue 214,140 6,586 221,287 $7,147 103.34% Transfers In 175,000 0 175,000 $0 100.00% TOTAL Revenue $14,920,495 $183,778 $9,443,209 ($5,477,286) 63.29% Notes: (1) The first half taxes was received in July. This includes the Animal Humane Society payment. (2) Fines and Forfeitures are through October. (3) Investments will be booked at year end. (4) State Training will be received in August. This includes a HEAT training for Police (overtime) and Energy Grant($33,677)for electrical improvements (Killmer Contract paid from 1425.6382-$35,504) (5) Reimbursement of Violent Offenders Task Force City of Golden Valley Monthly Budget Report- General Fund Expenditures November, 2011 (unaudited) Over % 2011 November YTD (Under) Of Budget Division Budget Actual Actual Budget Expend. Council $287,970 32,143 268,224 ($19,746) 93.14% City Manager 747,095 48,431 621,289 (125,806) 83.16% Admin. Services 1,524,180 108,989 1,313,580 (210,600) 86.18% Legal 120,000 8,718 129,360 9,360 107.80% (1) General Gov't. Bldgs. 570,680 36,983 409,005 (161,675) 71.67% Planning 322,315 24,506 273,595 (48,720) 84.88% Police 4,695,320 331,972 3,825,682 (869,638) 81.48% Fire and Inspections 1,516,730 108,850 1,302,493 (214,237) 85.88% Public Works Admin. 319,830 25,375 276,850 (42,980) 86.56% Engineering 613,515 28,087 431,385 (182,130) 70.31% Streets 1,333,375 84,028 1,192,050 (141,325) 89.40% Community Center 71,400 16,938 52,089 (19,311) 72.95% Park& Rec. Admin. 672,460 46,266 551,513 (120,947) 82.01% Park Maintenance 996,485 94,022 907,724 (88,761) 91.09% Recreation Programs 409,170 15,087 343,412 (65,758) 83.93% Risk Management 280,000 606 299,081 19,081 106.81% (3) Transfers Out 439,970 0 439,970 0 100.00% (2) TOTAL Expenditures $14,920,495 $1,011,001 $12,637,302 ($2,283,193) 84.70% (1) Legal is paid through September, 2011. (2) Transfers out were made in June. (3) This includes four quarterly payments. LMC dividend paid in December. City of Golden Valley Monthly Budget Report-Conservation/Recycling Enterprise Fund November, 2011 (unaudited) Over 2011 November YTD (Under) % Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 51,425 0 56,026 4,601 108.95% Recycling Charges 275,975 23,693 221,582 (54,393) 80.29% (3) Interest on Investments 10,000 0 0 (10,000) 0.00% (1) Total Revenue 337,400 23,693 277,608 (59,792) 82.28% Expenses: Recycling 418,360 23,119 235,669 (182,691) 56.33% (2) Total Expenses 418,360 23,119 235,669 (182,691) 56.33% (1) Interest Earnings are allocated at year-end. (2) This is through September, 2011 curbside services. City of Golden Valley Monthly Budget Report-Water and Sewer Utility Enterprise Fund November, 2011(unaudited) Over 2011 November YTD (Under) % Budget Actual Actual Budget Current Revenue Water Charges 4,304,300 351,887 3,728,070 (576,230) 86.61% Sewer Charges 3,210,000 275,947 2,742,543 (467,457) 85.44% Meter Sales 5,000 830 7,699 2,699 153.98% MCES Grant Program 0 0 110,789 110,789 Penalties 100,000 14,328 145,555 45,555 145.56% Charges for Other Services 190,000 19,531 307,567 117,567 161.88% State Water Testing Fee Pass Through 43,000 4,008 38,503 (4,497) 89.54% Certificate of Compliance 45,000 3,500 74,750 29,750 166.11% Interest Earnings 85,000 0 0 (85,000) 0.00% Total Revenue 7,982,300 670,031 7,155,476 (826,824) 89.64% Expenses Utility Administration 2,769,610 243,886 2,804,834 35,224 101.27% Sewer Maintenance 2,248,140 192,300 2,117,783 (130,357) 94.20% Water Maintenance 3,873,915 295,790 3,407,464 (466,451) 87.96% Total Expenses 8,891,665 731,976 8,330,081 (561,584) 93.68% City of Golden Valley Monthly Budget Report-Brookview Golf Course Enterprise Fund November, 2011(unaudited) Over 2011 November YTD (Under) % Budget Actual Actual Budget Current Revenue Fees 981,155 8,071 797,223 (183,932) 81.25% Driving Range Fees 112,600 369 99,334 (13,266) 88.22% Par 3 Fees 194,240 730 155,950 (38,290) 80.29% Pro Shop Sales 80,000 949 77,164 (2,836) 96.46% Pro Shop Rentals 243,050 2,185 214,866 (28,184) 88.40% Concession Sales 216,000 1,451 207,897 (8,103) 96.25% Other Revenue 109,325 453 60,315 (49,010) 55.17% Interest Earnings 15,000 0 0 (15,000) 0.00% (1) Less:Credit Card Charges/Sales Tax (150,000) (3,724) (28,350) 121,650 18.90% Total Revenue 1,801,370 10,484 1,584,399 (216,971) 87.96% Expenses: Golf Operations 666,450 25,095 587,273 (79,177) 88.12% (2) Course Maintenance 742,820 34,700 584,393 (158,427) 78.67% Pro Shop 109,560 3,018 105,179 (4,381) 96.00% Grill 185,185 2,479 158,374 (26,811) 85.52% Driving Range 45,615 1,497 44,211 (1,404) 96.92% Par 3 Course 30,525 227 25,088 (5,437) 82.19% Total Expenses 1,780,155 67,016 1,504,518 (275,637) 84.52% (1) Interest Earnings are allocated at year-end. (2j Depreciation is allocated at year-end. The Course closed for the season on November 6, 2011 Net Assets at 12-31-10 were$1,007,118. City of Golden Valley Monthly Budget Report-Motor Vehicle Licensing Enterprise Fund November,2011(unaudited) Over 2011 November YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 9,000 0 0 (9,000) 0.00% (1) Charges for Services 531,000 0 137,462 (393,538) 25.89% Total Revenue 540,000 0 137,462 (402,538) 25.46% Expenses: Motor Vehicle Licensing 529,135 0 360,281 (168,854) 68.09% (2) Total Expenses 529,135 0 360,281 (168,854) 68.09% (1) Interest Earnings are allocated at year-end. (2)Transfer was made in June,2011. *Net Assets at 12/31/2010 were$976,515. City of Golden Valley Monthly Budget Report-Storm Utility Enterprise Fund November, 2011(unaudited) Over 2011 November YTD (Under) % Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000) 0.00% (1) Storm Sewer Charges 2,212,150 192,149 2,031,669 (180,481) 91.84% Wetland Mitigation Permit 0 150 150 State Reimbursement(MPCA) 0 0 56,686 56,686 Hennepin County 0 135,000 135,000 135,000 Bassett Creek Watershed 715,000 222,788 222,788 (492,212) 31.16% Total Revenue 2,977,150 550,087 2,446,293 (530,857) 82.17% Expenses: Storm Utility 2,018,810 89,816 1,352,307 (666,503) 66.99% (2) Street Cleaning 117,460 21,060 96,070 (21,390) 81.79% Environmental Control 276,985 12,838 102,871 (174,114) 37.14% Debt Service Payments 437,300 0 435,899 (1,401) 99.68% Total Expenses 2,850,555 123,714 1,987,147 (666,503) 69.71% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and 2010 PMP is not complete. �i �. � �� ..� �,�:. � ��tl� �/ P Finance O �•�„„�� µ �/ 763-593-8013/763-593-8109 (fax) ��,., Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. V. Authorization to Sign Engagement Letter with Malloy, Montague, Karnowski, Radosevich, & Co. for 2011 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 2011 audit services for $43,900. This amount is also for reviewing the Housing and Redevelopment Authority Funds. Preliminary fieldwork will begin in January with final fieldwork starting on February 27. 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 2011 audit services for $43,900. t ` PRINCIPALS ' Thomas M.Montague,CPA Thomas A.Karnowski,CPA Paul A.Radosevich,CPA William J.Lauer,CPA C E R T I F I E D P U B L I C James H.Eichten>CPA A C C Q [J N 'j' A N T S Aaron J.Nielsen,CPA Victoria L.Holinka,CPA December 8, 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, 2011. 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, 201 l. 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 We have also been engaged to report on supplementary information other than RSI that 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 December 8, 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 Page 3 December 8,20ll Management Responsibilities 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 responsibiliry 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 far 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 include the audited financial statements with any presentation of the supplementary information that includes our report thereon 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. � City of Golden Valley Page 4 December 8,2011 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. Audit Procedures—General 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. City of Golden Valley Page 5 December 8,2011 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. Audit Procedures—Compliance 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, man�gement 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 far 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. We expect to begin our audit in March, 2012 and to issue our reports no later than June 30, 2012. 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 $43,900. � City of Golden Valley Page 6 December 8,2011 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, ar 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. 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:hIs Response: This letter correctly sets forth the understanding of the City of Golden Valley. By: Title: Date: t,x,= KERBER, ROSE & ASSOCIATES, S.C. Certified Public Accountants 4211 N. Lightning Drive, Suite A • Appleton, WI 54913 (920) 993-0105 • Fax (920) 993-0116 (888) 725-5277 Svstem 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.or�/prsummarv. 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. �.�.�-�� /�-a-�'-�':`1;C, KERBER, ROSE &ASSOCIATES, S.C. September 23, 2010 Members of the American and Wisconsin Institutes of Certified Public Accountants www.kerberrose.com �� "'� �� _.� �; ` HW��..� Gh � � ,� ;�� Finance 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. W. Acceptance of Donations for Ongoing Programs and Other Miscellaneous Donations Prepared By Sue Virnig, Finance Director Summary This resolution is to accept the donations received by the ongoing programs such as Envision, and Human Services Fund. Attachments Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations (4 pages) Recommended Action Motion to adopt Resolution Accepting Donations for Ongoing Programs and Other Miscellaneous Donations. Resolution 11-84 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS AND OTHER MISCELLANEOUS DONATIONS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which amended the Donation/Gift policy; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations: Onqoina Programs: 125TH ANNIVERSARY Liberty Diversified International $5,100 Breck School 600 Golden Valley Golf & Country Club 501 Mortenson 501 Poquet Auto Sales, Inc. 500 Struthers Parkinson Center 250 James and Mary Sherburne 125 Daniel Freeman 125 Blair and Linda Tremere 125 Marshall Tanick and Cathy Gorlin 125 Margolis Law Firm 125 Golden Valley Federated Women's Club 125 Golden Valley Rotary 125 Kim Rottmann 100 Carol Curme 95 Zane Peterson, CD INZANE, LLC 50 Shep Harris 25 Marshall Tanick 25 Ann Borgen 25 Total Cash Donations $8,647 Resolution 11-84 - Continued December 20, 2011 125TH ANNIVERSARY - IN-KIND DONATIONS Ace Hardware fishing rod lighter Golden Valley Animal Hospital $25 gift certificates (2) Lunds and Byerly's $50 gift certificates (5) La Cucina Di Nonna Rosa's $25 gift certificate Teresa's Mexican Restaurant $25 gift certificate Lupient Buick GMC 2 complimentary haircuts - Pit Stop in house barbershop Doolittles Woodfire Grill $25 gift certificates (4) Lauren Tanick book - Where to Date in D.C. Marshall Tanick $10 gift certificates to TGI Fridays (2) Bill Feist Auto Stores $25 gift certificate (4) Havana Cigar Boutique $10 gift certificate (5) All About Pets $75 gift certificate Central Bank $125 VISA gift certificate Lupient Buick GMC 2 tickets to MN Wild, plus parking pass Lighting Outlet Center desk lamp General Mills Betty Crocker Cookbook - New Edition, red spoons, cookie mix, 280 cupcakes ENVISION/ICE CREAM SOCIAL Best & Flanagan $125 Lupient Auto Sales 125 Mansfield Tanick 125 Total Cash Donations $375 ENVISION/LILAC PLANTING GV Garden Club - Evening $250 TruStone Financial 125 GV Garden Club - Morning 100 Golden Valley Federated Women's Club 100 WSB & Associates 50 Total Cash Donations $625 ENVISION/LILAC PLANTING - IN-KIND DONATIONS Byerly's water, cookies and apples General Mills 3 gross granola bars Caribou Coffee coffee and cups Resolution 11-84 - Continued December 20, 2011 GOLDEN VALLEY HUMAN SERVICES FUND (HSF) Allianz $6,300 Preferred One 2,500 Liberty Carton Company 2,000 Lupient Foundation 1,500 Nancy Azzam 1,000 Best & Flanagan 1,000 WSB &Associates 500 Solbrekk Business Technology Solutions 500 Short Elliott Hendrickson, Inc. 500 Freestyle Productions 500 Central Bank 500 Jeanne Andre 260 Wayne Keplinger 200 Mary Kay Arthur 200 Mary Jane Hedstrom 100 Craig Halverson 100 Jeanne Fackler 52 M. J. Grefe 50 Delroy Thomas 50 Karen Peterson 30 Andra Barnard 30 Martin Kleinbaum 25 Ruth Paradise 20 Muriel Sterne 20 Total Cash Donations $17,937 GOLDEN VALLEY HUMAN SERVICES FUND (HSF) - IN-KIND DONATIONS AI's Coffee bottled water for Run the Valley and Golf Classic Brookview Golf Course gift certificates for Golf Classic Byerly's of Golden Valley 6 dozen bagels, cream cheese for Golf Classic Chiquita Foods, Inc. 4 cases banana's for Run the Valley Channel 12 PSA and announcing for Run the Valley and Golf Classic Classic City Looks Salon prize package for Golf Classic Crossroads Deli cinnamon rolls and dessert for Golf Classic Davanni's of Golden Valley lunch for Golf Classic Einstein Bagels 6 dozen bagels, cream cheese for Run the Valley Finken Great Glacier Water water for Run the Valley Go Health Chiropractic massages for Run the Valley and Golf Classic Old Fashioned Donut Shoppe 6 dozen donuts for Run the Valley Pat Ryan Golf gift certificate worth $200 for Golf Classic Perkins Family Restaurant 24 dozen muffins for Run the Valley Road ID number for Run the Valley Valley Pastries 6 dozen donuts Yoplait USA 46 cases yogurt Resolution 11-84 - Continued December 20, 2011 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. �� ` ��ii 'I�I�i'N`�I I p .. �� ; � °° �� / Finance ��'° ° �� N+ � 763-593-8013/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. X. 1. Waiver of Public Hearing and Certification of Special Assessments - 2011(B) Driveways Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their driveway improvement over time with their property taxes. This completes the driveway program that coincided with the 2011 Pavement Management Program. Attachments List of Driveways Assessed in 2011(B) (1 page) Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2011(B) City Street Improvements (1 page) Recommended Action Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Driveways that Involve 2011(B) City Street Improvements. 2011 Driveways-B Levy 18152 Assessment PID Address Assessment Paid Balances 30-029-24-21-0047 5000 Colonial Drive 2,677.17 2,677.17 30-029-24-22-0018 5201 Colonial Drive 1,994.30 1,994.30 30-029-24-22-0037 30 Lawn Terrace 5,873.54 5,873.54 30-029-24-22-0070 535 Radisson Rd 6,947.86 6,947.86 30-029-24-23-0023 625 Turnpike Rd 1,537.23 1537.23 0.00 30-029-24-22-0082 500 Radisson Rd 6,335.52 6,335.52 30-029-24-22-0043 220 Lawn Terrace 6,759.81 6,759.81 30-029-24-23-0059 609 Turnpike 214.24 214.24 32,339.67 1,537.23 30,802.44 Resolution 11-85 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2011(B) CITY STREET IMPROVEMENTS Pro'ect Years Interest Rate First Year Lev Total Assessed 2011(B) City 10 6% 2013 $32,339.67 Driveways 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various driveway improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respective(y together with interest at the rate of six (6) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of March 1, 2012 through December 31, 2013, will be payable with general taxes for the year of 2012, collectible in 2013, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by February 29, 2012. 4. The owner may pay off the assessment in full after February 29, 2012 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. �: � `_- ��`r � �/ P Finance O �� ` Y� �w �/ 763-593-8013 I 763-593-8109 fax ( ) Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. X. 2. Waiver of Public Hearing and Certification of Special Assessments - 2011(B) Sanitary Sewer Repairs Prepared By Sue Virnig, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their sanitary sewer repairs over time with their property taxes. This completes the 2011 sanitary sewer repairs that coincided with the 2011 Pavement Management Program. Attachments List of 2011(B) Sanitary Sewer Repairs (1 page) Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2011(B) City Street Improvements (1 page) Recommended Action Motion to adopt Resolution Waiving the Public Hearing Pursuant to Minnesota Statutes 429.031 and Ordering Certification of Special Assessments on Sanitary Sewer Repairs that Involve 2011(B) City Street Improvements. 2011 Sanitary Sewer-B Levy 18153 PID Address Assessment 30-029-24-21-0050 5030 Colonial Dr 5,555.00 30-029-24-22-0065 216 Turnpike Rd 4,255.00 30-029-24-22-0007 115 Lawn Terrace 5,275.00 30-029-24-22-0084 424 Turnpike Rd 5,275.00 30-029-24-22-0067 400 Turnpike Rd 5,275.00 30-029-24-21-0049 5020 Colonial Dr 3,880.00 30-029-24-22-0040 112 Lawn Terrace 5,175.00 34,690.00 Resolution 11-86 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON SANITARY SEWER REPAIRS INVOLVE 2011(B) CITY STREET IMPROVEMENTS Pro�ect Years Interest Rate First Year Lev Total Assessed 2011(B) 10 6% 2013 $34,690.00 Sanitary Sewer Repairs 1. Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various driveway improvement(s). 2. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively together with interest at the rate of six (6) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of 10 years, as indicated in each case. 3. The first of said installments, together with interest on the entire assessment for the period of March 1, 2012 through December 31, 2013, will be payable with general taxes for the year of 2012, collectible in 2013, and one of each of the remaining installments, together with one year's interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter unless the entire assessment is paid in full by February 29, 2012. 4. The owner may pay off the assessment in full after February 29, 2012 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. � �iwn�� a �� °. ;:�. � �� . �� '°��'� � City Administra�ion/Council � ��:�� , � 763-593-8003/763-593-8109(fax) �� Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 3. Y. Appointment to Caring Youth Recognition Board Prepared By Linda Loomis, Mayor Summary Council Member Shaffer is the current representative on the Caring Youth Recognition Board. Council Member Scanlon has agreed to replace him as the City's representative. Recommended Action Motion to appoint Council Member Scanlon as the City's representative on the Caring Youth Recognition Board. ��°� , _ �a � �s �� ; ;= :� � City Administration/Council o � �� e 763-593-8003/763-593-8109 (fax) :s�� Executive Summary For Action Golden Valley City Council Meeting December 20, 2011 Agenda Item 6. A. Human Rights Commission Prepared By Thomas D. Burt, City Manager Summary At the December 13 Special City Council meeting the City Council discussed with the City Attorney possible actions the Council should take concerning statements by members of the Human Rights Commission that could have defamed employees and possible violations of the data practices act. It was the consensus of the Council to bring to the December 20 City Council meeting a formal action to remove commissioners from the role of Human Rights Commissioner. In addition, the Council should repudiate the statements of the Commission. The Go/den Val/ey Human Rights Commission at a meeting in October discussed a proposal and passed a written motion relating to certain events involving police officers of the Go/den Valley Police Department. The Members of the Golden Valley Human Rights Commission are citizen vo/unteers. All statements made and writings promu/gated by them are their own responsibility as private citizens and not statements made by or for the City. The City specifically repudiates the referenced discussions and writings by the Golden Valley Human Rights Commission and disassociates itself from any such discussions or writings. Attachments Resolution Regarding Certain Actions and Members of the Golden Valley Human Rights Commission (2 pages) Recommended Action Motion to adopt Resolution Regarding Certain Actions and Members of the Golden Valley Human Rights Commission. Resolution 11-87 December 20, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION REGARDING CERTAIN ACTIONS AND MEMBERS OF THE GOLDEN VALLEY HUMAN RIGHTS COMMISSION WHEREAS, the Human Rights Commission ("HRC") for the City of Golden Valley currently has four (4) members: Marion Helland, Tim Hepner, Terri Policy and Anne Dykstra, Chair; WHEREAS, at its regular meeting on October 13, 2011 the HRC added an item to its agenda when it was known that the City staff liaison Chief of Police Stacy Carlson would not be present; the item added to the agenda concerned a resolution to the City Council including formation of a task force to develop police policies and procedures based on "best practices"; WHEREAS, during the meeting the HRC Commissioners made untrue and possibly defamatory statements about certain Golden Valley employees as well as incorporating such statements into a written document: a proposed resolution for presentation to the City Council; WHEREAS, at a Council/Manager Meeting on November 9, 2011 the HRC presented the proposed resolution to the City Council which included comments about an open criminal investigation which may be a violation of the Minnesota Government Data Practices Act; WHEREAS, HRC Commissioners are part of a city organization and as such their statements may lead to legal action against the City; WHEREAS, these statements are not statements of city policy. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Golden Valley that 1. The members of the Golden Valley Human Rights Commission are citizen volunteers. All statements made and writings promulgated by them are their own responsibility as private citizens and not statements made by or for the City. The City specifically repudiates the discussions and writings by the Golden Valley Human Rights Commission referenced above and disassociates itself from any such discussions or writings. 2. Effective immediately, Marion Helland, Tim Hepner, Terri Policy and Anne Dykstra are hereby removed as Commissioners of the Golden Valley Human Rights Commission. 3. The City Council supports the Golden Valley Police Department and, while a high level of transparency already exists, the Council welcomes any suggestions to increase transparency and public understanding of private practices. Resolution 11-87 - Continued December 20, 2011 4. The City and the City Council are vigorous advocates of human rights and do not suggest any abdication of those rights for any reason. 5. The City Council will undertake a careful review of the Golden Valley Human Rights Commission structure and role in the near future and make changes therein as necessary. 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.